Last Modified: October 1, 2025

Empath Labs, Inc. ("Empath Labs," "we," "us," "our") respects your privacy and is committed to protecting it through compliance with this policy. This Privacy Policy applies to the information that we collect in the Clinical Companions™ mobile applications (the “Apps”).

We ask that you take the time to read this policy carefully, as it contains important information to understand our policies and practices regarding your information.

Empath Labs is a patient experience lab. We pair novel technological solutions with strategic support to design and implement solutions that drive medication compliance, retain participants in clinical research, and empower patients.

We operate the Apps for use in connection with our solutions that simulate medical care, including the use of interactive plush companions. Empath Labs solutions may be purchased and used by enterprise customers, including companies conducting and managing clinical research ("Customers"). Our Customers facilitate the distribution of our solutions to patients and other users (“Users”) for use in connection with clinical trials. In this case, Empath Labs acts as a processor (or service provider) on behalf of our Customers, who are the controllers of personal information.

By using the Apps in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy. If you are using the Apps on behalf of another party, you represent and warrant that: (i) you have all rights, consents, and permissions to do so; and (ii) that you have obtained such party’s express consent and agreement to the terms of this policy. If you do not agree with our policies and practices, do not download, register with, or use the Apps.

This policy may change from time to time. Your continued use of the Apps after we revise this policy means you accept those changes, so please check the policy periodically for updates.

This policy applies only to the information that we collect in the Apps. This policy does not apply to our other applications, websites, and services, which may have separate policies. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

This policy describes:

• The types of information we may collect, or that you may provide, when you download, register, access, or use the Apps.
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

For purposes of this policy, the term “personal information” means any information that can be used to identify a natural person. Examples of personal information would include name, address, or email address.

Our Apps are designed to support children and families participating in clinical trials. We recognize the importance of protecting children’s privacy. We comply with the Children’s Online Privacy Protection Act (“COPPA”).

Children may use the Apps only with the involvement of a parent or legal guardian. By approving the download of the App through an Apple App Store or Google Play account, parents or guardians provide the necessary consent for their child’s use. We do not require additional parental verification because the Apps do not collect names, contact details, or other information that directly identifies a child.

Empath Labs does not knowingly collect personal information from children. The limited information we may collect (such as device type, operating system, or language setting) is used only to support the internal operation of the Apps. We do not use this information to personally identify a child.

If we become aware that we have collected personal information from a child without the appropriate consent, we will promptly delete that information.

Empath Labs may collect information that you provide when you register for or use the Apps, including a clinical trial configuration code you use to access the app (“Configuration Code”). When you download, register, and or use the Apps, you must use this Configuration Code to configure the App with features specific to our applicable Customer’s clinical trial. We collect and use this Configuration Code to provide our services, including for analytical and statistical reporting purposes.

Our Apps do not collect and do not allow you to submit any images, recordings, or information that could be used to identify you.

When you download, access, use, and interact with the Apps, we may use technology to automatically collect the following information about how you are using and accessing the App:

• Usage data related to your App activity and interactions, such as the App features that you use. We engage third party providers to collect usage data, who are bound by contractual obligations to keep personal information confidential.
• Device information including the device’s model, operating system, and selected language. If the device information we receive includes your IP address, part of your IP address may be used to infer your approximate geographic location (city, state/region, and country). We do not use your IP address to identify you, and we do not log or store your IP address.
• Diagnostics data about how the Apps perform when you use them, such as crash logs to make sure the Apps are running as expected and not crashing.

We use information that we collect about you, or that you provide to us to:

• Provide you with the App and its contents.
• Fulfill any purpose for which you provide the information such as participating in clinical trials.
• Carry out our obligations and enforce our rights arising from any contracts entered into between Empath Labs and the Customer that facilitated your use of the App.
• Understand how you interact with our Apps, identify which features are least and most utilized, identify problem areas within the Apps, and inform design development for future updates.
• Operate and improve our Apps and other solutions. For example, we use insights from analytics to improve how we and our Customers introduce Clinical Companions and Apps to our Users.
• Notify you when App updates are available, and of changes to any solutions we offer or provide with the Apps.
• Comply with and enforce applicable legal requirements, industry standards, our policies, and our contractual rights.
• Carry out any other purpose conveyed to you at the time that the information was collected.

We may use and disclose aggregated and statistical information that is not specific to, and does not identify, any individual or device for any and all legal and legitimate business purposes, including for reporting purposes.

We may disclose usage details and other analytics data derived from your use of the Apps with our Customers. Our Customers may use this information to assess, improve, and develop how they use Clinical Companions and other Empath Labs solutions in connection with their clinical trials.

In addition, we may disclose information that we collect or that you provide:

• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which it is disclosed to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Empath Labs’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
• If we are required to do so by law or legal process, such as to comply with a court order.f we are required to do so by law or legal process, such as to comply with a court order.
• If we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to: (i) protect the safety of a User; (ii) protect the safety or security of the App; or (iii) enable us to take precautions against liability.f we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to: (i) protect the safety of a User; (ii) protect the safety or security of the App; or (iii) enable us to take precautions against liability.

Certain U.S. states, including California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia, provide residents of the state with additional privacy rights, including rights to (i) access the personal information we have collected about you; (ii) correct inaccuracies in your personal information; (iii) receive personal information we have about you in a readily usable format; (iv) request deletion of your personal information; and (v) to opt-out of processing your personal information for targeted advertising or sales of personal information. The exact scope of these rights may vary by state and may be subject to exceptions.

Empath Labs does not “sell” or “share” information, as the terms are defined under certain U.S. state privacy laws, including the California Consumer Privacy Act, as amended (“CCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”).

To exercise your privacy rights, please email us at privacy@empathlabs.com. Only you, or an agent legally authorized to act on your behalf, may make a request related to your personal information. We will make every effort to respond to your request within 45 days from when you contact us. After submitting a request, we may ask you to provide information that will enable us to verify your identify in order to comply with your request. Please note that we may deny an opt-out request if we have a good faith, reasonable belief that the request is fraudulent. Further, in most instances, Empath Labs does not collect types of personal information that enable us to identify you. As such, if we do not have information that permits us to verify your identity, we may deny your requests to know or delete. To appeal our decision regarding a request related to your privacy rights, you may email us at privacy@empathlabs.com.

You may have additional rights under the laws of your country (for example, Brazil’s LGPD, South Africa’s POPIA, and other national data protection laws). We will respond to requests to exercise such rights in accordance with applicable law.
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Note for Users in China:

In China, we do not collect analytics, diagnostics, or personal information through the Apps.

We process and store data in the United States. If you are located outside of the United States, your data may be transferred internationally. We take steps consistent with applicable law to ensure that such transfers provide adequate safeguards for your information.

We process limited technical and usage information (as described in Section III) only: (i) where it is necessary to provide and operate the Apps; or (ii) where we have a legitimate interest and fulfillment of contractual obligations with our Customers in keeping the Apps secure, reliable, and supported, provided it is not overridden by your data protection rights.

In some regions, such as the European Economic Area (“EEA”) and the United Kingdom (“UK”), local laws require us to explain these legal bases. The same bases apply to our processing globally.

We retain the Configuration Code and usage data for as long as reasonably necessary for the purposes outlined in this policy, including, without limitation, to comply with our legal obligations and enforce our rights. Since the data we retain cannot be linked to individual Users, there is no personal data retention period. We store and process the information we collect in the United States.

We may amend this Privacy Policy from time to time. If we make material changes to how we treat our Users’ personal information, we will notify you by posting the policy on this page and updating the “Last Updated” date at the top. You are bound by any changes to this policy when you use the Apps after such changes have been first posted.

If you have any questions or concerns regarding our privacy policies, please contact us by sending a detailed message to privacy@empathlabs.com. Alternatively, you may contact us by postal service as follows.
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Attention: Data Protection Office
Empath Labs
60 Valley St Ste 29
Providence, Rhode Island, 02909
United States
privacy@empathlabs.com