Terms of Use

EFFECTIVE AS OF Feb 1, 2026

This Consumer Health Data Privacy Notice (“Notice”) provides information regarding the consumer health data that UpstreamDigital LLC (“UpstreamDigital,” “we,” “us,” or “our”) collects, how we collect and use that information, and to whom we disclose it. This Notice applies to Connecticut, Nevada, and Washington residents about whom we collect consumer health data, and is intended to provide notices in compliance with the Connecticut Data Privacy Act, Nevada’s SB 370, and Washington’s My Health, My Data Act. We encourage you to review our Privacy Policy to learn more about our privacy practices. This Notice incorporates our Terms of Use and Privacy Policy. Capitalized terms not otherwise defined in this Notice have the meanings ascribed to them in our Privacy Policy.

This Notice applies to information we collect from visitors to our website freebc.org and any related websites (the “Sites”), and users of any other platforms, technologies, products, web applications, and on- and off-line services we offer (collectively with the Sites, the “Services”). This Notice does not apply to information we collect from individuals in a business-to-business or employment context. This Notice also does not apply to third-party websites, applications, products, services, or other properties, even if they may link to our Services or vice versa. We recommend you review the privacy practices of those third parties.

Although we are not a health care provider and are not a covered entity under HIPAA, in some cases we may be a “business associate” to covered entities under the Health Insurance Portability and Accountability Act (“HIPAA”), and as such we may have certain federal, state, and contractual restrictions on how we can use your health or medical information (collectively, your “Protected Health Information” or “PHI”). With respect to any PHI that we receive from covered entities, we will comply with our obligations under HIPAA as a business associate. This Privacy Policy is not intended to include information about how we handle HIPAA-regulated PHI. We encourage you to review the privacy policies and notices of privacy practices of your health care provider or other covered entity with which we may partner.

Please note that we are providing the following disclosures and rights in this Notice in the interest of transparency. Such disclosures and rights are not intended to waive any applicable exemptions under state and federal law.

1. Collection of Consumer Health Data

For purposes of this Notice, “personal data” means information that identifies or is reasonably capable of being associated or linked, directly or indirectly, with an individual in Connecticut, Nevada, and/or Washington. Personal data does not include deidentified data or publicly available information. “Consumer health data” means personal data that is linked or reasonably linkable to an individual and that identifies the individual’s past, present, or future health status or mental health status, as may be applicable.

We may collect the following categories of consumer health data:

● Individual health condition, treatment, disease, or diagnosis/diagnostic testing information.

● Social, psychological, behavioral, and medical intervention information.

● Health-related surgery or procedure information.

● Information about your use or purchase of prescribed medication.

● Reproductive or sexual health information.

● Gender affirming care information.

● Data that identifies you seeking health services.

● Symptoms, vital signs, or measurement of health information.

● Information about your access to healthcare, including precise location information that could reasonably indicate an attempt to acquire or receive health services or supplies.

● Information that we or our service providers process to associate or identify you with above information, or any other information relating to physical or mental health treatments, conditions, or statuses that may be derived from non-health information (such as inferred data).

2. Sources of Consumer Health Data

We collect consumer health data from the following sources:

● Directly from you through your interactions with us, such as when you register for or use our Services, complete electronic forms, or otherwise communicate with us.

● From our service providers, Business Partners, and affiliates, in accordance with applicable law and the context in which you provided the data.

● We may use third-party cookies, pixels, and similar trackers that collect data to enhance experience on our Sites, analyze usage on our Sites, and assist in our marketing efforts. To the extent that we use these trackers in a manner that may constitute “selling” or “sharing” consumer health data collected through these technologies with third parties for advertising purposes, we implement measures to help ensure that we do not use third-party cookies for individuals accessing our services from Connecticut, Nevada, or Washington.

3. Use of Consumer Health Data

We use the consumer health data we collect for the following purposes:

● To fulfill the purposes for which the information was provided (e.g., to provide a service or perform on a contract).

● To provide, operate, maintain, improve, personalize, and expand our Services.

● To communicate with you, including to provide customer service and provide you with updates about our Services.

● To develop new features and functionalities.

● For marketing and promotional purposes.

● To perform internal analytics, research, and development.

● For internal business purposes, including general business administration.

● To comply with our legal obligations, including responding to subpoenas, court orders, or legal process; and to establish or exercise our legal rights or defenses against legal claims.

● To enforce the legal or contractual terms that govern our Services.

● To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about the users of our Services is among the assets transferred.

● For purposes disclosed at the time you provide your information or as otherwise set forth in this Notice or for any other legal purpose not inconsistent with this Notice.

● For any other purpose consistent with your consent and expressed preferences.

● As otherwise required or permitted by law.

4. Disclosure of Consumer Health Data

We only disclose consumer health data in accordance with applicable law, including as needed to provide you with the products or Services that you request or with your consent. Accordingly, we may disclose any or all the above categories of consumer health data to the following parties:

● Our service providers, Business Partners, and affiliates, including in accordance with applicable law and the context in which you provided the data.

● Business transferees, if we are involved in a merger, acquisition, asset sale, or other corporate combination.

● Other third parties with your consent.

Additionally, under certain circumstances, we may be required to disclose your consumer health data if required to do so by law, in response to valid requests by public authorities, or in response to a threat of harm involving an individual’s health or safety.

As noted above, we implement measures to help ensure that we do not share the consumer health data relating to individuals accessing our Sites from Connecticut, Nevada, or Washington with third-party platform providers who assist us in serving advertising.

5. Consumer Health Data Privacy Rights

Connecticut residents have the following rights in relation to your consumer health data, subject to certain exceptions:

● Right to know and access. You have the right to know what consumer health data we process, as the term is defined under applicable law. You may ask us to provide you with a portable copy of this information.

● Right to delete. You have the right to request under certain circumstances that we, as well as our service providers and contractors, delete the consumer health data that we collect about you.

● Right to correct inaccurate consumer health data.You have the right to request the correction of inaccurate consumer health data.

● Right to opt out. You have the right to opt out of targeted advertising, our sale of your consumer health data, and profiling decisions that could produce legal or similarly significant effects.

● Rights concerning sensitive personal data. We cannot process your consumer health data, or use your consumer health data for certain purposes without your affirmative consent.

● Right to non-discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

Nevada and Washington residents have the following rights in relation to your consumer health data, subject to certain exceptions:

● Right to know. You have the right to know what consumer health data we collect, share, or sell, as those terms are defined under applicable law. You also have the right to obtain a list of all third parties and affiliates with whom we have shared or sold your consumer health data, and an active email address or other mechanism that you may use to contact these third parties. If you are a Washington resident or otherwise protected by Washington law, you also have the right to access your consumer health data that we collect, share, or sell.

● Right to withdraw consent. You have the right to withdraw consent from the collection and sharing of your consumer health data.

● Right to delete. You have the right to request that we, as well as our service providers and contractors, delete the consumer health data that we collect about you.

● Right to non-discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

a. How to exercise your rights

You may submit a request pursuant to any of these rights by contacting us at hello@upstream.org.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, manifestly unfounded, or in accordance with applicable law. 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. We will respond to your request within forty-five (45) days after receipt and we reserve the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.

We cannot respond to your request or provide you with consumer health data if we cannot verify or authenticate your identity or authority to make the request and confirm that the consumer health data relates to you. We will only use consumer health data provided in a verifiable or authenticated consumer request to verify your (or your authorized agent’s, as applicable) identity or authority to make the request. Connecticut residents may designate an authorized agent to submit a request on your behalf, and if so, we may require proof of the agent’s authorization by you and/or verification of the agent’s own identity.

If you are a visually impaired customer, a customer who has another disability or a customer who seeks support in another language, you may access your privacy rights by emailing us at hello@upstream.org.

b. How to appeal decisions about your rights

Residents of Connecticut, Nevada, and Washington can appeal decisions about privacy rights in the following ways:

● Connecticut.If you are a Connecticut resident and want to appeal our decision regarding a request that you have made, please contact us. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons for reaching the decision. If the appeal is denied, you may contact Connecticut’s Office of the Attorney General by phone at (860) 808-5420 or by submitting a form here.

● Nevada. If you are a Nevada resident and want to appeal our decision regarding a request that you have made, please contact us. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons for reaching the decision. If your appeal is not successful, you may submit a complaint with the Nevada Attorney General here.

● Washington. If you are a Washington resident or located in Washington and want to appeal our decision regarding a request that you have made, please contact us. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons for reaching the decision. If the appeal is denied, you may contact Washington’s Office of the Attorney General by phone at (800) 551-4636 or by submitting a complaint here.

6. Changes to This Notice

We may update this Notice from time to time. We will notify you of any changes consistent with applicable law, including by posting the new Notice on this page and updating the “effective date” at the top of this Notice. We recommend reviewing this Notice periodically for any changes. Changes to this Notice are effective when they are posted on this page.

7. Contact Us

If you have any questions or concerns about this Notice or our privacy practices, please contact us at hello@upstream.org.