Privacy Policy

Account Registration and User Information. When you register for a Swearby account, we collect information such as your name, phone number, email address, professional credentials, clinic or practice name, and your username and password.

Clinic and Practice Information. We collect information about your clinic or practice, including business name, address, service offerings, operating hours, staff information, and licensing or credentialing details that you provide to us.

Platform Configuration and Usage. We collect information related to how you configure and use the Platform, including service menus, scheduling preferences, workflow settings, patient communication templates, and integration configurations.

Patient and Client Data. To the extent that you or your staff input patient or client information into the Platform, we collect and process that data on your behalf as a service provider. You are responsible for ensuring that you have obtained all necessary consents and authorizations from your patients or clients prior to inputting their information into the Platform.

Electronic Prescribing Data. If you use electronic prescribing ("e-prescribing") functionality available through the Platform via our third-party e-prescribing partner(s), we may collect, process, and transmit the following categories of information in connection with e-prescribing services: prescriber identification and credentials (including NPI, DEA number, and state license information); patient demographics (including name, date of birth, gender, and address); prescription information (including medication name, dosage, directions, quantity, and refill information); patient medication history (as made available through pharmacy benefit managers and pharmacy networks); patient insurance and formulary data; and prior authorization request information. This data may be transmitted through certified health information exchanges in compliance with applicable federal and state e-prescribing regulations. All prescriber end users are required to have obtained all patient consents and authorizations required by applicable law prior to utilizing e-prescribing Services.

Prescriber Identity Verification. In connection with e-prescribing services, including electronic prescribing of controlled substances ("EPCS"), prescribers may be required to complete identity verification through third-party identity proofing services (such as Experian). This process may involve the collection and verification of personal information, including government-issued identification and credit information. Such verification is conducted by third-party providers and is subject to their respective privacy policies.

Bug Reporting. We welcome you to report bugs to us, and we collect information that you submit to us when you report bugs. However, please do not provide any personal, health, or sensitive information about your patients or clients in connection with any bug reports that you submit to us.

Your Communication with Us. We collect information when you communicate with us. The specific types of information we collect will depend on the forum in which you communicate with us. For example, if you send us an email, we will collect your email address and the content of your email. You may also participate in surveys and questionnaires, in which case we collect any information that you provide to us in response.

When you use our Services, we automatically receive and collect information from your device. This information includes the following:

• Information about your device, such as the operating system, hardware, system version, the Internet Protocol (IP) address, device ID, and device language.
• The specific actions that you take when you use our Services, including but not limited to the pages and screens that you view or visit, search terms that you enter, how you interact with our Services, and resources that you open or download.
• The time, frequency, connection type, and duration of your use of our Services.
• Information about your wireless and mobile network connections, such as mobile phone number, service provider, and signal strength.
• Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message.
• Identifiers associated with cookies or other technologies that may uniquely identify your device or browser (as further described below).
• Pages you visited before or after navigating to our Website.

Cookies are alphanumeric identifiers that we transfer to your device's hard drive through your web browser to help us identify you when you come to our Website. Like many websites, we use cookies on our Website. We use cookies to power and improve our Website and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and service providers to use cookies on our Website to better tailor the Services and advertising on our Website and other websites.

Most browsers automatically accept cookies by default, but you can choose to set your browser to remove or reject cookies through your browser controls. Please keep in mind that removing or blocking cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking cookies may not completely prevent how we share information with third parties such as our advertising partners.

We may use third parties, such as Google Analytics or other analytics providers, to analyze traffic to our Website. Google Analytics does not create individual profiles for visitors and only collects aggregate data. To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en.

We may also use cookies, pixels, beacons, or other web tracking technologies to track the amount of time spent on our Website or social media and whether or not certain content was viewed. We may work with a third party to collect and process this information for us, based on our instructions and in compliance with this Policy.

At the present time our Website does not respond to "Do Not Track" signals or similar mechanisms.

We use third parties to assist us with operating our business and providing our Services, such as our technology vendors that help us maintain our Services, partners that assist us with our marketing and communication, our payment processors, and service providers that help us to prevent and detect fraud. These service providers will have access to your information in order to provide their services to us.

In connection with e-prescribing functionality available through the Platform, we may share prescription data, patient demographics, medication history, insurance information, and related data with our third-party e-prescribing partner(s) and through certified health information exchanges. Such sharing is necessary to facilitate the transmission of prescriptions to pharmacies, to provide real-time prescription benefit and formulary information, to support electronic prior authorization processes, and to comply with applicable e-prescribing laws and regulations. Our e-prescribing partner(s) may also share data with pharmacy benefit managers, pharmacies, and other participants in applicable e-prescribing networks as required to fulfill prescriptions and provide related services. Use of e-prescribing services is subject to our e-prescribing partner's terms of service, privacy policy, and applicable Business Associate Agreement.

Our e-prescribing partner(s) and/or applicable certified health information exchange networks may monitor prescribing patterns, including controlled substance prescribing volumes and frequencies, for compliance with applicable law and to detect potential fraud, abuse, or diversion. Anomalous or potentially unlawful prescribing activity may be reported to applicable regulatory authorities, including the DEA and state medical boards, without prior notice to you or to us.

Our e-prescribing partner(s) may use de-identified, anonymized, or aggregated data processed through their platform for purposes of product development, improvement, analytics, artificial intelligence, machine learning, and algorithm development. Such use is governed by our e-prescribing partner's privacy policy and applicable data use agreements. No individually identifiable patient information is used for these purposes without appropriate de-identification in accordance with applicable law.

Swearby may use artificial intelligence, machine learning, and algorithmic technologies within the Platform to provide, improve, and personalize the Services. This may include, without limitation, automated analysis of clinic operations data, workflow optimization, scheduling intelligence, patient communication tools, and other features designed to enhance clinic performance and the user experience. To the extent that AI or ML features process data you provide through the Services, such processing is subject to this Policy and any applicable Business Associate Agreement. We may also use de-identified, anonymized, or aggregated data derived from your use of the Services to train, develop, and improve our AI and ML models and the Services generally. No individually identifiable patient information is used for model training or development without appropriate de-identification in accordance with applicable law.

To the extent that Swearby receives, processes, or transmits Protected Health Information ("PHI") on behalf of a covered entity through the Services, such PHI will be used and disclosed only as permitted or required by the applicable Business Associate Agreement ("BAA") between Swearby and the covered entity, or as required by law. Swearby maintains administrative, technical, and physical safeguards designed to protect the privacy and security of PHI in accordance with applicable HIPAA requirements.

Except as otherwise provided in this Policy, we share information with companies, organizations or individuals outside of Swearby only at your direction or when we have your consent to do so.

We may share information with third party companies, organizations, governmental authorities, or individuals outside of Swearby if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

• Meet any applicable law, regulation, subpoena, legal process or governmental request;
• Enforce a contract, including but not limited to any applicable Terms of Use, including investigation of potential violations thereof;
• Detect, prevent, or otherwise address fraud, security or technical issues; or
• Protect against harm to the rights, property or safety of Swearby, our users, customers or the public as required or permitted by law.

We may share information about you as part of a merger or acquisition. If Swearby is involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes. In such a case, unless permitted or otherwise directed by applicable law, your information would remain subject to the terms of the applicable privacy policy in effect at the time of such transfer.

We may de-identify or aggregate any information, including personal information, that we collect from or about you so that you are not identified as an individual, and use and disclose that information to third parties without restriction, including for commercial purposes. We may also provide aggregate usage information and data to third parties (or allow third parties to collect that information from you), who may use such information to understand how often and in what ways people use our Services. However, we never disclose aggregate usage or de-identified information to a third party (or allow a third party to collect such information) in a manner that would identify you as an individual person.

You may request deletion, modification, or access to your personal information by contacting us at support@swearby.health. We will respond to your request within a reasonable timeframe. Please note that certain information may be retained as required by law, by applicable Business Associate Agreements, or as necessary for legitimate business purposes, including compliance with e-prescribing regulations and prescription record retention requirements.

You may unsubscribe from our marketing communications at any time by following the "unsubscribe" link at the bottom of any such communication. Most promotional communications will also offer recipients choices about receiving additional messages.

Generally, we keep your information for as long as you tell us to, or otherwise as long as you have an account with us, or as long as we need it to provide our Services.

We may be required to retain information to comply with certain legal obligations, including but not limited to prescription record retention requirements under applicable federal and state law.

We may need to retain your information to prevent harm, investigate possible violations of our Terms of Use or other policies, investigate reports of abuse, or protect ourselves or others.

In some cases we may need to comply with legal requirements to store your information, which prevents us from deleting it. For example, if we receive a notice from a court, if we get reports of abuse or other policy or terms violations, or if your account or content created by you is flagged by others or our systems for abuse or other terms or policy violations.