1. About Your Privacy and This Privacy Policy

Your privacy is extremely important to us. We are constantly putting a great deal of thought, effort, tools, resources and procedures in place in order to protect and safeguard your privacy. This document is our “Privacy Policy,” and it contains details on issues related to your privacy when using our services. This Privacy Policy applies to visitors to the public websites owned and operated by Omnia Therapy, the registered users of Omnia Therapy’s associated mobile and web application (collectively with the websites, the “Platform”), and to the counsellors that provide the Counsellor Services (“Counsellors”). It is intended to inform you of our policies, procedures, and practices regarding the collection, use and disclosure of any information that you provide through the Platform.

The Privacy Policy does not apply to the collection and use of certain employment-related information for employees of Omnia Therapy. If you are a current or former Omnia Therapy job applicant, employee, owner, director, officer, or contractor, please contact us at [email protected] or the appropriate notice.

If you are visiting our website as a United Kingdom, or European Union resident, your rights under the privacy laws applicable in your jurisdiction are represented in an addendum to this policy. If you do not see this addendum below, please contact us at [email protected] to receive the additional information describing your rights under these laws.

The Privacy Policy is part of our Terms and Conditions. The terms in the Privacy Policy (such as, but not limited to, “we”, “our”, “us”, “Platform”, and “Counsellor Services”) have the same meaning as in our Terms and Conditions document. When you use our Platform, you accept and agree to both the Terms and Conditions and to the Privacy Policy. If you do not agree to be bound to the Privacy Policy you should stop using the Platform immediately or cease to provide the Counsellor Services, as applicable. By accessing and using our Platform or providing the Counsellor Services, as applicable, you affirm that you have read the Terms and Conditions and the Privacy Policy and that you understand, agree to, and acknowledge all the terms contained in both of them.

2. Information Collection, Use, and Disclosure

Categories of Information Collected

To let us operate the Platform effectively and to let you use the Platform, including the Counsellor Services, we may collect, use, and store the information described below. We also disclose certain information to third parties, as described further below. The information we collect is received directly or indirectly from you and generated in the course of your use of the Platform. The data we collect is not used for marketing or any other purposes except as specified in this Privacy Policy.

Visitor Data: Omnia Therapy collects, uses, and stores data regarding user visits to its website and use of the Omnia Therapy application (“Visitor Data”), including the particular pages visited or viewed by the user, the amount of time the user spent on the website or application, website errors experienced by the user, visits to the Omnia Therapy “FAQ” page, and information about the browser or device used to access the website and application, such as the user’s mobile device ID and IP address. These practices apply to users who visit pages for prospective new customers as well as those who visit pages for prospective Counsellors.

Onboarding Data: In addition to the questionnaire responses provided by users (including Counsellors) in the process of initial registration, Omnia Therapy collects, uses, and stores certain additional data from users during the onboarding process (“Onboarding Data”). This data includes the pages viewed by the user, whether the user clicks the “Get started” link to begin completing the questionnaire, and whether the user responds to any of the questionnaire prompts.

Account Registration Data: Omnia Therapy collects, uses, and stores certain information in connection with the account registration process, such as whether users registered Google profiles, and whether a user verifies their reported email address or phone number (“Account Registration Data”). Omnia Therapy also assigns each user (including Counsellors) who creates a Omnia Therapy account an anonymised, sequentially-generated client ID.

Transaction Data: Omnia Therapy collects, uses, and stores certain information regarding payment for its services by users and related transactions on its website, such as whether a user completed payment for Omnia Therapy’s services, signed up for Omnia Therapy’s services using a trial offer, cancelled or otherwise ended a trial, or completed a request to receive financial aid for Omnia Therapy’s services (“Transaction Data”).

Login Data: Omnia Therapy collects, uses, and stores data regarding logins to Omnia Therapy’s Platform by registered users (including Counsellors) and activity conducted during that log in such as when a user logs in, the number of messages received or sent through Omnia Therapy’s website or app during that log in, and whether a user has been assigned, started, or completed a counselling goal (“Login Data”). Login Data does not include the content of any messages sent or received by users or the content of any counselling goals.

Counselling Session Data: Omnia Therapy collects, uses, and stores certain general data regarding user counselling sessions such as whether a live session has been scheduled by the user, whether a Counsellor or user joins a scheduled session, when a counselling session began and ended, and whether a counselling session was cancelled or re-scheduled.

Customer Data: Omnia Therapy collects, uses, and stores certain data from users that have signed up for Omnia Therapy’s services such as a user’s self-reported name or nickname, age, e-mail address, phone number, and emergency contact information (“Customer Data”).

Counsellor Data: In order to identify, credential, re-credential, run checks, and pay Counsellors, Omnia Therapy collects, uses, and stores certain data from Counsellors. This data includes information such as the Counsellor’s name, bank account information, governmental identification numbers, e-mail address, phone number, address, NI number (if applicable), and education and job history (“Counsellor Data”).

Communications Data: Omnia Therapy collects, uses, and stores communications between users and Counsellors on the Platform, and communications between users and Omnia Therapy’s customer service team (“Communications Data”).

Protecting this information is important for us. Other than in the ways detailed in this Privacy Policy, we will never use or disclose any information unless you requested or approved us to do so.

Purposes for Which Information Is Used

We may use the information we collect for one or more of the following purposes:

Communication with you

• To contact you or provide you with information, alerts and suggestions that are related to the Platform.
• To verify your identity.
• To complete an activity you requested, such as register for the Platform or obtain more information.

To reach out to you, either ourselves or using the appropriate authorities, if we have a good reason to believe that you or any other person may be in danger or may be either the cause or the victim of a criminal act.

Delivery of services to you

To create your account on our Platform and let you log in to your account and use the Platform.

To manage your account, provide you with customer support, and ensure you are receiving quality service.

• For billing and transaction processing purposes.
• To match users with Counsellors and facilitate the Counsellor Services.
• To provide, support, personalise, and develop our Platform and the Counsellor Services.

Administration and improvement of services

• To supervise, administer and monitor the Platform.
• To measure and improve the quality, effectiveness, and delivery of our services.

Customisation

• To personalise the website experience and to deliver content and product and service offerings relevant to individual interests, including targeted offers and ads.

Compliance with law

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To comply with applicable state and federal laws, including, but not limited to laws related to protecting client and public health and safety.
• To allow therapists to comply with the licensure, legal and quality requirements in their jurisdictions.

Other uses with consent

• Any other purpose with your consent.

Purposes for Which Information Is Disclosed to Third Parties

Information about you may be disclosed to third parties for one or more of the following purposes:

For business purposes: Only as necessary for facilitating the Counsellor Services, we may share a user’s information with a Counsellor and a Counsellor’s information with a user. We may also share your information with vendors and service providers, including our data hosting and data storage partners, analytics and vendors providing technology services and support, payment processing, and data security. We also may share information with professional advisers, such as auditors, law firms, and accounting firms.

With your direction or consent: We may share your information with third parties if you request or direct us to do so.

With affiliates within our corporate group: We may share your information with any subsidiaries or parent companies within our corporate group.

For advertising: If you opt-in to the use of targeting cookies and web beacons, information regarding your activity on our websites, excluding activity when you are logged in and have started therapy, may be disclosed to our advertising partners to optimise marketing. We do not share with any advertising platform private information like member names, email addresses, phone numbers, diagnosis, sessions data, journal entries, messages, worksheets, or any other type of communication you have with your therapist. If you want to opt-out of these cookies and web beacons, manage your options here.

Compliance with law: We may share your information with a court, a regulatory entity, law enforcement personnel, or pursuant to a subpoena, to comply with applicable law or any obligations thereunder.

In the context of a transaction: We may share your information in connection with an asset sale, merger, bankruptcy, or other business transaction.

For other business reasons: We may share your information to enforce any applicable Terms and Conditions and Terms of Use, and to ensure the safety and security of the Platform and our users.

Note that if you make any information publicly available on the Platform, anyone may see and use such information.

3. Opting-out of Marketing Communication

You can opt out of receiving email marketing by unsubscribing using the unsubscribe link provided in all of our marketing email communications.

4. Cookies and Web Beacons

Like many websites, we use “cookies” and “web beacons” (also known as pixels) to collect information. A “cookie” is a small data file that is transferred to your computer’s hard disk for record-keeping purposes. We collect cookies that are necessary for the Platform to function, cookies that enhance the Platform’s performance, and cookies used for third-party tracking. A “web beacon” is a tiny and sometimes invisible image or embedded code, placed on a Web page or email that can report your visit or use to a third party. Web beacons are typically used by third parties to monitor the activity of users at a website for the purpose of web analytics, advertising optimisation, or page tagging. Additional information regarding web beacons is available on Wikipedia.

You can change your browser’s settings so it will stop accepting cookies and web beacons or to prompt you before accepting a cookie or web beacon. Opt-out options for cookies and web beacons are located here.

Use of Cookies, Web Beacons, and Similar Technology for Analytics

We may use third party cookies or web beacons for the purposes of web analytics, attribution, and error management. Our Platform may use vendor services that use cookies, web beacons, and similar technology to collect and store anonymous information about you, including when you pay for services, load a page, indicate that you heard about us on television, sign up for services, enter your payment information (but the payment details are not disclosed), start the intake questionnaire, and your response as to the referral source to the Platform.

Our Platform also uses analytics vendors to collect information (for example, Visitor Data and Onboarding Data) about user actions on our websites for purposes of analytics and analysis of certain Platform usage.

Use of Cookies, Web Beacons, and Similar Technology for Advertising Networks

If you opt in to the use of targeting cookies and web beacons, you and others may see certain ads for our services or for the Platform on other websites because we participate in ad networks. Ad networks allow us to target our messaging to users through demographic, interest-based, and contextual means. These networks track individuals’ online activities over time by collecting information through automated means, including through the use of cookies, web server logs, and web beacons. The networks use this information to show advertisements that may be tailored to an individual’s interests. The information our ad networks may collect includes information about your visits to websites that participate in the relevant ad networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our websites and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts and assists other websites and advertising partners to find you or people like you on different platforms, including social media websites. As mentioned above, you can opt-out of cookies and web beacons by visiting this link here.

5. Social and General Information Tools

We use several publicly available tools and information exchange resources, such as (but not limited to) a blog, a Facebook page, a Twitter account, and others (collectively “Social and General Information Tools”). Any information you provide or share while using Social and General Information Tools may be read, accessed, collected by that site and users of that site according to their Privacy Policy.

6. Phishing

Online identity theft and account hacking, including the practice currently known as “phishing”, are of great concern. You should always be diligent when you are being asked for your account information and you must always make sure you do that in our secure system. We will never request your login information or your credit card information in any non-secure or unsolicited communication (email, phone or otherwise).

7. Links

The Platform may contain links to other websites, services, or offers that are owned, operated, or maintained by third parties. If you click on a third-party link, you will be directed to that third website or service. The fact that we link to a website or service is not an endorsement, authorisation, or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not have control over third-party websites and services, and we do not have control over their privacy policies and terms of use.

8. Security of Information

While using any Internet-based service carries inherent security risks that cannot be 100% prevented, our systems, infrastructure, encryption technology, operation and processes are all designed, built, and maintained with your security and privacy in mind. We apply industry standards and best practices to prevent any unauthorised access, use, and disclosure. We comply with all applicable federal laws, state laws, and regulations regarding data privacy.

9. Service Providers

We may employ third-party companies and individuals to facilitate our Platform, to perform certain tasks which are related to the Platform, or to provide audit, legal, operational, or other services for us. These tasks include, but are not limited to, customer service, technical maintenance, monitoring, email management and communication, database management, billing, and payment processing, reporting and analytics. We will share with them only the minimum necessary information to perform their task for us and only after entering into appropriate confidentiality agreements.

10. Children’s Privacy

We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to become our user. The Platform is not directed and not intended to be used by children under the age of 13. If you are aware that we have collected Personal Information from a child under age 13 please let us know by contacting us and we will delete that information.

11. Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials to enforce and comply with the law. We may disclose information necessary or appropriate to protect the safety of the public or any person, to respond to claims and legal processes (including but not limited to subpoenas), and to prevent or stop activity that may be illegal or dangerous. You should also be aware that Counsellors may be obliged to disclose information to law enforcement or other authorities to conform to their professional and legal responsibilities. Specifically, and without limitation, you should be aware that the law requires mental health professionals to disclose information and/or take action in the following cases: (a) reported or suspected abuse of a child or vulnerable adult; (b) serious suicidal potential; (c) threatened harm to another person; (d) court-ordered presentation of treatment, (e) suspected act of terrorism, (f) involvement in money laundering.

12. Changes to the Privacy Policy

We may update this privacy statement at our sole discretion. The date of the last revision of this policy appears at the end of this page. We encourage you to periodically review this page for the latest information on our Privacy Policy and practices. Regardless of changes to our Privacy Policy, we will never use the information you submit under our current privacy notice in a new way without first notifying you and giving you the option to stop using the Platform.

13. Contacting us

If you have any questions or concerns about this Privacy Policy or our privacy-related practices, please contact us by clicking the “Contact” link on any page in our website.

General Data Protection Regulation (GDPR) and UK General Data Protection Regulation Notice

This section provides additional information about our Privacy Policy relevant to users from the European Union (EU), United Kingdom, and Switzerland (together “European Area Countries”). It supplements and should be read in conjunction with the rest of the Privacy Policy. Under the European Area Countries’ privacy laws, Omnia Therapy is the Controller with respect to your personal information.

Omnia Therapy may use your personal information:

• When it is necessary to do so to perform our obligations in accordance with any contract that we may have with you, for example to manage your account, and to respond to inquiries about your use of the Platform.
• When it is in our legitimate interests or a third party’s legitimate interests to use personal information in such a way to ensure that we provide the Platform in the best way that we can. In particular, we have a legitimate interest in using your personal information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of the Platform. We only rely on our or a third party’s legitimate interests to process your personal information when these interests are not overridden by your rights and interests.
• When it is necessary to do so to comply with any legal obligations imposed upon us, for example under applicable law.
• In rare instances, when it is a medical emergency, we may use your personal information to protect your or another’s vital interests if consent is not a reasonable option.
• When you have consented to the use of your personal information, for example for marketing purposes or to track your online activities via Cookies and similar technologies.

1. Sensitive Data Clause

About sensitive personal information:

Omnia Therapy may also collect and process certain categories of personal information, which legally may be considered “sensitive personal information,” based on (1) health and social care, (2) our establishment, exercise, or defense of a right or legal obligation, or (3) substantial public interest. Sensitive personal information that we process includes your racial or ethnic origin, religious or philosophical beliefs, and data concerning your health or about your sex life or sexual orientation.

When you begin to use our services and register your account, we ask you to provide answers to a questionnaire to customise the service, to match you with the right Counsellor, and to provide therapy and related services to you. In providing your responses to the questionnaire you may provide us with “sensitive personal Information” as described above. You may also continue to share such data with us as you receive services. This data allows us to continue providing services to you and customise our services for you. We may also use this information to improve our service and understand how you interact with the services.

Omnia Therapy will:

o Use your sensitive personal information to provide you with our services and conduct the processing described above; and

o Share your personal information, including sensitive personal information, with Counsellors to provide you with our services, and with other third parties (such as vendors that enable us to provide you services, lawyers, and auditors), subject to us entering into written agreements with them which require them to implement and maintain appropriate safeguards to manage your personal information.

2. How We Obtain Your Personal Information

Omnia Therapy obtains the categories of personal information listed above from the following sources:

o Directly from you. For example, information when you apply to be a Counsellor or that you submit during the process of using and paying for our Services.

o Indirectly from you. For example, through your actions on our website.

o From third-party business partners such as social media sites, ad networks, and analytics providers.

3. Your Rights and Choices

EU, UK, and Swiss residents have specific rights regarding their personal information. This section describes your rights if you are resident in the EU, UK, or Switzerland, and explains how to exercise those rights.

Right of access: You may be entitled to ask us for a copy of any personal information which we hold. This right is known as a ‘Subject Access Request.’ We will normally send you a copy of the personal information within one month of your request. However, that period may be extended by two further months where necessary, taking into account the complexity of the request or the difficulty in accessing the personal information that you request. There is usually no charge. In exceptional circumstances, we may charge a reasonable fee after discussing the fee with you.

Right to rectification: If the personal information we hold about you is inaccurate, you may request rectification. The personal information will be checked, and, where appropriate, inaccuracies will be rectified.

Right to erasure: In certain circumstances, you may be entitled to ask us to erase your personal information.

Right to data portability: In certain circumstances, you may wish to move, copy, or transfer the electronic personal Information that we hold about you to another organisation.

Right to object: You may object to your personal information being used for direct marketing. You may object to the continued use of your personal information in any circumstances where we rely upon consent as the legal basis for processing it. Where we rely upon legitimate interests as the legal basis for processing your personal information, you may object to us continuing to process your personal information, but you must give us specific reasons for objecting. We will consider the reasons you provide, but if we consider that there are compelling legitimate grounds for us to continue to process your personal information, we may continue to do so. In that event, we will let you know the reasons for our decision. In some instances, objecting to certain processing may impact our ability to provide you with services.

Rights related to automated decision-making including profiling: We use limited personal information to operate the Platform and to carry out certain profiling activities to support and grow our business. When doing so, we rely upon our legitimate interests as the lawful basis for processing your personal information and you may exercise the above rights if you do not wish us to process your personal information in this way.

To exercise the rights in relation to your Personal Information set out in this section, please contact us at [email protected]

Last Updated and Effective: 24^th July, 2023