Trio Shifts Privacy Policy

Updated May 1, 2023

TRIO SHIFTS PRIVACY POLICY

This Trio Shifts Privacy Policy (the “Privacy Policy”) applies to the Trio Shifts mobile application (the “App”) owned by American Health Technology Group, LLC (“we,” “us,” and “our”). We have created this Privacy Policy to tell you what information the App collects, how we use that information, and whom we will share that information with. This Privacy Policy does not address the privacy practices of our clients or any other third parties that may collect information about you or your device through the App. We are not responsible for the privacy practices of any third parties. If you click on a link to a third-party website, you will be taken to websites we do not control. It is your choice to visit any third-party websites, and you should carefully review the privacy policies of any third-party websites before you visit them.

By using our App, you agree to the terms of this Privacy Policy and the accompanying Trio Shifts Terms of Use, available here. You also consent to our use of the information we collect through the App as described in this Privacy Policy.

1. Information We Collect. While operating the App, we will collect, and you authorize us, to collect the following types of information:

(a) Personal Information. When you sign up to use the App to find shift work, you will provide us with personal information about yourself, such as your name, , email address, and phone number (collectively, the “Personal Information”). We only collect Personal Information you share with us. We do not collect any other Personal Information from you when you use the App.

(b) Other Information. We may automatically collect or receive additional information regarding you and your use of the App (“Other Information”). Such Other Information may include:

(i) From Your Activity. We may collect or receive information regarding:

(A) IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable mobile device;

(B) date and time; and

(C) details regarding your activity on the App, such as shift work viewed by you, your search queries, and other performance and usage data.

(D) Logs and session data when you access the App.

(ii) About Your Mobile Device. We may collect or receive information regarding:

(A) type of mobile device;

(B) advertising Identifier (“IDFA” or “AdID”);

(D) carrier; and

(E) network type (WiFi, 3G, 4G, LTE).

2. How We Use Your Information.

(a) We share Personal Information with the applicable health facilities for which you agree to perform shift work or their agents on behalf of the facility (e.g., a managed service provider). We share your Personal Information solely in connection with your scheduling, confirming, managing, credentialing, and performing of shift work for that facility, and so that the health facility can evaluate your qualifications for their shift work and contact you about your shift work.

(b) We use Personal Information, and Other Information (collectively, “Information”) to inform you about shift work opportunities through the App and to operate, manage, maintain, improve, and evaluate our App and its usage;

(c) We use Information in an anonymized and aggregated form (that does not reveal your Personal Information) to provide data analytics and other metrics for lawful purposes to ourselves and our affiliates, parent companies, clients, licensees, and other third parties.

(d) We may share Information with our affiliates, parent companies, investors, lenders, and insurers on an as-needed basis for business and other lawful purposes.

(e) We may use Information to improve and enhance the services that we provide.

(f) We use Information to provide you with any alerts or push notifications that you request.

(g) We use Information to communicate with you and respond to requests from you.

(h) We sometimes engage third-party companies and individuals to perform services involving the App. Sometimes these third-party companies may have access to Information as necessary to perform their services and to the extent permitted by law. Examples of these third-party services include technical assistance, consultative advice, and administrative support.

(i) If we or our parent companies are involved in a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transaction and transferred to a third party as part of the transaction.

(j) To the extent permitted by law, we may also disclose the Information:

(i) when required by law, court order, subpoena, or other government or law enforcement authority or regulatory agency; or

(ii) whenever we believe disclosing such Information is necessary or advisable to protect the rights, property, or safety of us or others, including you.

3. How We Collect Your Information. We collect information from you in several ways, including by actively asking you for it. We collect information we receive directly from you, such as your contact information and other Personal Information described in Section 1. We also collect certain information from you passively regarding your activity on the App and information about your mobile device, as described in Section 1.

4. How We Protect Your Information. We take commercially reasonable steps to protect Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, because no security system is impenetrable, we cannot guarantee the security of our databases or the databases of the third parties with which we may share Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet.

5. App Stores; External Websites. The app store (e.g., Apple App Store or Google Play) from which you download the App may collect Information and other data about you, your device, or your usage of the App when you download, update, or use the App. We have no control over the collection, use, and maintenance of this Information. You should review the privacy practices of the app store before using their services.

6. Important Notices to Non-U.S. Residents. The App and the servers and systems used to store Information collected from the App are located and operated in the United States. If you live outside of the United States, you consent to the transfer, processing, storage, maintenance, and use of your Information in the United States in accordance with the applicable law of the United States and its individual states. These privacy laws may not be as protective as the privacy laws of your home country.

7. Communication Preferences. We may deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by changing the settings on your mobile device. However, as long as you use you maintain user credentials to the App, you cannot opt out of receiving emails related to the App (e.g., requests for support, notifications of changes to this Privacy Policy or Trio Shifts Terms of Use).

8. Do Not Track Requests. We do not have tracking mechanisms or report tracking information within the App.

9. Use of Cookies and Other Tracking Technology. Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. We do not employ the use of Cookies or third-party analytics, geolocation trackers, or other similar tracking technology. However, the App is created using Visual Studio App Center, and the App may gather required diagnostic data to keep the App secure, up-to-date, and performing as expected on the device it’s installed on. The data doesn’t include your name, messages, or other personal content.

10. Children’s Privacy. The App is not directed to or intended for children and individuals under the age of 18. Minors should not use the App. We will not knowingly collect Personal Information from any child under the age of 16. If a child under the age of 16 has provided us with Personal Information, a parent or guardian of that child may contact us and request that we delete the child’s Personal Information from our records.

11. Changes to this Privacy Policy. This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. These changes may include material changes. Any changes will be posted on the App. By accessing the App after we make any such changes to this Privacy Policy, you consent to those changes. Please refer back to this Privacy Policy on a regular basis.

12. How to Contact Us. If you have questions about this Privacy Policy, please email us at support@triovms.com with “Trio Shifts Privacy Policy” in the subject line or mail us at the following address: 3051 Willowood Rd. Edmond, OK 73034.

13. Retention of Information. We generally store your Personal Information for as long as you remain a user of the App and as long as necessary to fulfill the purposes for which it was collected while considering the amount, nature, and sensitivity of the information. We may also store your Personal Information for as long as necessary to resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. The criteria that we use to define the periods for storing your data have been established in accordance with the requirements of applicable laws, in addition to our own operating requirements. At the appropriate time, we will take reasonable steps to destroy your Personal Information or ensure that your personal information is de-identified.

14. California Addendum. If you are a California user of the App, this California Addendum applies to our processing of Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (collectively, “California Personal Information”). For California users of the App, the provisions of this California Addendum prevail over any conflicting provisions in other sections of this Privacy Policy.

(a) We do not sell, and in the past 12 months, we have not sold California Personal Information.

(b) If you are a California user, you have certain rights related to your California Personal Information under the California Consumer Privacy Act and California Privacy Rights Act. For example, you have:

(i) The right to know:

(A) What California Personal Information we have collected about you, including categories of personal information? Please see Section 1 (Information We Collect) for the types of information we collect about you.

(B) The categories of sources from which the California Personal Information is collected. We collect information that you submit to us on the App and from your usage of the App, as described in Section 1 (Information We Collect).

(C) The business or commercial purpose for collecting, selling, or sharing California Personal Information. We use California Personal Information as described in Section 2 (How We Use Your Information), subparts (a), (b), and (d)–(g).

(D) The categories of third parties to whom we disclose California Personal Information, and the specific pieces of California Personal Information we have collected about you. We disclose your California Personal Information to the facilities to which you sign up for shift work or their agents on the facility’s behalf, such as the facility’s managed service provider or vendor management system provider.

(ii) The right to correct inaccurate California Personal Information that we have collected about you. Please contact us as described in Section 13(g) if you believe we have inaccurate California Personal Information about you.

(iii) The right to delete California Personal Information we collected from you, subject to certain exceptions. These exceptions include when required to be retained by law or for our essential business purposes, such as providing services or products to you. These exceptions also include record retention schedules and other requirements mandated by law that prohibit or restrict the deletion of certain personal information. Once we receive and verify your consumer request, we will delete your personal information from our records unless an exception applies.

(iv) If you would like for us to delete the California Personal Information we collected from you, please contact us as described in Section 13(g). Please note that we will not delete California Personal Information that we are required to maintain in accordance with applicable law.

(v) The right to opt out of the sale or the sharing of California Personal Information. We do not sell California Personal Information.

(vi) The right to opt out of the sharing of California Personal Information with third parties for cross-contextual behavioral advertising.

(vii) The right to limit the use or disclosure of your sensitive personal information. We do not use or disclose sensitive personal information for purposes that, under applicable law, require us to limit the use or disclosure of sensitive personal information.

(viii) The right to opt-out of the use of automated decision-making technology. We do not use automated decision-making technology.

(ix) Right to know about data retention policy.

(x) The right not to receive discriminatory treatment by the business for exercising privacy rights conferred by applicable law, including the right not to be retaliated against for exercising your rights. We will not discriminate against you for exercising your rights under this Privacy Policy or applicable law.

(c) If you contact us regarding your California Personal Information, we will take steps to verify your identity before granting you access to your California Personal Information or acting on a request from you regarding your California Personal Information. We may require you to provide your first name, last name, email address, and shifts worked to verify your identity. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. When you submit a request regarding your California Personal Information, we will use the information you provide to process your request and to maintain a record of your request. However, we may partially or wholly deny your request as allowed by applicable law, as permitted under applicable law.

(d) You may only make a verifiable consumer request for access or data portability twice within a 12-month period. You may also make a verifiable consumer request on behalf of your minor child.

(e) Under California law, you may designate an authorized agent to make a request regarding your California Personal Information on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the agent to provide proof of that written permission. To the extent permitted by law, we may require you to verify your own identity in response to a request, even if you choose to use an agent.

(f) Within ten business days of receiving a verified consumer request, we will provide confirmed receipt of your requests along with information about how We will process your request. We will respond to a verified consumer request for personal information within 45 days of receipt. If we require more time (up to 45 additional days), we will notify you of the reason and extension period in writing. We will deliver our written response through a secure link. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response will also explain the reasons we cannot comply with a request, if applicable.

(g) For data portability requests, we will select a format to provide your personal information that is readily useable and in a format that allows you to transmit this information to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

(h) To exercise the access, data portability, and deletion rights described above, please submit a request using one of the following methods:

· Emailing us at support@triovms.com

· Calling us at 1-800-536-3001

https://www.ahtgsolutions.com/trio-vms-user-terms-of-use

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