EU-US and SWISS-US PRIVACY SHIELD POLICY

Effective Date: 28 February 2019

Enterprise Health is a division of Medical Informatics Engineering, Inc. Enterprise Health provides a software solution to its customers, which enables those customers to manage the health and wellness of their employees and to maintain compliance with occupational health regulations. Enterprise Health is not a data controller for the purposes of the Privacy Shield Frameworks. Instead, Enterprise Health is a data processor. As such many of the provisions of the Privacy Shield may be inapplicable to Enterprise Health.

As a data processor, Enterprise Health complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from the European Union member countries (and Iceland, Liechtenstein, and Norway) and Switzerland transferred to the United States pursuant to Privacy Shield. Enterprise Health has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

ENFORCEMENT AUTHORITY

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Enterprise Health is subject to the regulatory and enforcement powers of the US Federal Trade Commission.

SUBSIDIARIES OR AFFILIATES

Enterprise Health is a fully-owned subsidiary of Medical Informatics Engineering, which also adheres to the Privacy Shield Principles.

DATA COLLECTED

On behalf of our clients, Enterprise Health stores, processes, and transmits protected health information as defined by the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Depending upon the data collected by our clients, the protected health information may include an individual's past, present, or future physical or mental health conditions and medical test results. Personally identifiable information, such as name, social security number, or date of birth, may also be collected by our clients.

Enterprise Health does not control or collect any data directly from individuals.

THIRD PARTIES & LIABILITY

Enterprise Health does not disclose personal information to third parties, whether acting as agents or controllers. If this policy should change in the future Enterprise Health will update this posted policy and will provide individuals with choice regarding the sharing of their personal data. In the event that Enterprise Health transfers personal information to a third party acting as an agent on its behalf, Enterprise Health will remain responsible and liable under the Principles if the agent processes the data in a manner inconsistent with the Principles, unless Enterprise Health proves that it is not responsible for the event giving rise to the damage.

ACCESS AND UPDATE DATA

Enterprise Health acknowledges the individual's right to access their personal data. Individuals who wish to access, correct, or delete their personal data should consult with the data controller of their personal information. Individuals who wish to limit the use or sharing of their data should also contact the data controller of their information. In both of the above cases, this would most likely be the individual's employer or former employer who contracts with Enterprise Health to provide data processing services.

LIMITING USE AND DISCLOSURE

Enterprise Health reserves the right to share personal information and to disclose it to others to the extent permitted or required by law, to investigate potential wrongdoing, or to protect the rights, property, or safety of Enterprise Health or others.

DISCLOSURE OF PERSONAL INFORMATION

Enterprise Health may be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

CONTACT FOR INQUIRIES OR COMPLAINTS — Non-Human Resources Data

In compliance with the EU-US Privacy Shield Principles, Enterprise Health commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding non-human resources data as it pertains to this privacy policy should first contact Enterprise Health at:

Enterprise Health
Attention: Doug Horner, CEO
6302 Constitution Drive
Fort Wayne, IN 46804
horner@enterprisehealth.com

DISPUTE RESOLUTION

Enterprise Health has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

BINDING ARBITRATION

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

HUMAN RESOURCES DATA WITHIN THE WORKING RELATIONSHIP

CONTACT FOR INQUIRIES OR COMPLAINTS

European Union and Swiss individuals whose HR data we receive can address questions or comments regarding the handling of that information directly to us at the address in the section below. We resolve to deal with all questions regarding this data and potential grievances arising from it in a timely manner. Note that under certain conditions we may, as a data processor, have to refer you to our client who is the data controller. In compliance with the EU-US and Swiss-US Privacy Shield Principles, Enterprise Health commits to resolve complaints about your privacy and our collection or use of your personal information that is within the HR working relationship. European Union and Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Enterprise Health at:

Enterprise Health
Attention: Doug Horner, CEO
6302 Constitution Drive
Fort Wayne, IN 46804
horner@enterprisehealth.com

In the event Enterprise Health is unable to accommodate the individual's request regarding HR data received by us within the context of the work relationship, we further commit to working with the EU Data Protection Authorities (DPA's) or the Swiss Federal Data Protection and Information Commissioner (FDPIC) whichever covers the jurisdiction the data originated from.

For information on how to contact your jurisdiction's EU DPA visit: https://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

To contact the Swiss FDPIC visit:

https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/links/data-protection---switzerland