Notice of Privacy Practices for Breathable, LLC

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. THIS NOTICE IS EFFECTIVE ON DECEMBER 17, 2025.

Breathable, LLC (referred to as “Breathable”). This Notice describes the privacy policies of Breathable, and applies to the physicians, health care professionals, employees, staff, and other personnel who provide services at Breathable. The people and organizations to which this notice applies (referred to as “we,” “our,” and “us”) have agreed to abide by the terms of this notice. We may share your information with each other for purposes of treatment, and as necessary for payment and operations activities as described below. This notice applies to any information in our possession that would allow someone to identify you and learn something about your health. It is intended to describe the policies that protect medical information relating to your past, present and future medical conditions, health care treatment, and payment for that treatment (called “Protected Health Information” or “PHI”). It does not apply to information that that could not reasonably be used to identify you.

Breathable is associated with Evolve Company, Inc. (“Evolve”), where Evolve provides certain management and administrative services to Breathable, LLC and functions as its Business Associate under HIPAA.

OUR LEGAL DUTIES: We are required by law to maintain the privacy of your health information. We are required to provide this notice of our privacy practices to anyone who asks for them. We are required to abide by the terms of this notice until we officially adopt a new notice.

HOW WE MAY USE OR DISCLOSE YOUR HEALTH INFORMATION: We may use your PHI, or disclose your PHI to others, for a number of different reasons. This notice describes the categories of reasons for using or disclosing your information. For each category, we have provided a brief explanation, and in many cases have provided examples. The examples given do not include all the specific ways we may use or disclose your PHI. However, any time we use or disclose your information in administration of the Plans, it will be for one of the categories listed below.

INFORMATION WE COLLECT ABOUT YOU: We collect PHI about you to provide you with Breathable services (as referred to in the Terms and Conditions). We collect PHI from the following sources:

Directly from you, such as information you submit when signing up and paying for our services.
Indirectly from you, such as through your actions on our website.
From third parties, such as other medical professionals.

WHEN WE USE AND DISCLOSE YOUR INFORMATION: To provide you with the services, we use and disclose your PHI for the following purposes:

Treatment – To provide you with the services. For example, we will disclose your PHI to your therapist for treatment purposes.
Payment – To collect payment and for other payment-related purposes.
Health Care Operations – To operate our business, for example, in order to provide the services, contact you about the services available to you, and to assess and improve the quality of the services.
Participate or engage third parties to assist with our payment and healthcare operations. If any third party needs access to PHI to perform its services on our behalf, we will require that third party enter into a written agreement that protects the PHI. We provide only the minimal PHI to accomplish the intended purpose of the use and sharing of the PHI.
Communicate with family and friends who are involved in your care and payment for care to the extent they are legally authorized.
Create de-identified and aggregate information to be used for any legal purpose.

WHEN WE MUST DISCLOSE YOUR INFORMATION: In certain limited circumstances, we may be permitted or required by law to use your PHI without your authorization, including:

For public health activities such as reporting certain diseases.
To protect victims of abuse or neglect, such as child abuse and elder neglect.
For judicial and administrative proceedings such as responding to subpoenas.
To prevent or lessen a serious and imminent threat of harm to a person or the public.
When required by law or for law enforcement purposes.
For state and federal health oversight activities such as physician licensing and disciplinary action.
To coroners, medical examiners, and funeral directors in limited circumstances.
For organ donation and transplantation.
For research approved by an institutional review board.
For specialized government functions such as national security.
For workers compensation claims.

WHEN WE NEED YOUR AUTHORIZATION TO USE OR DISCLOSE PHI: Your written authorization is required prior to:

Use or disclosure of PHI for marketing.
Sale of PHI.

We will not use or disclose PHI for the purposes listed above, or for any other purpose not described in this Notice without your written authorization. You have the right to revoke any authorization you previously granted. With regard to deceased individuals, we shall comply with the requirements about the uses and disclosures of PHI in accordance with § 164.502 of HIPAA Privacy Rule for a period of 50 years following the death of the individual.

YOUR RIGHTS REGARDING YOUR INFORMATION:

Rights to Access PHI – With certain exceptions, you have the right to review and obtain a copy of your PHI and may do so on a “self-service” basis by accessing your Breathable account or by emailing privacy@livebreathable.com. We may charge a reasonable, cost-based fee to fulfill such requests. In certain limited circumstances, we may deny your request to access your PHI. In that instance, we will inform you of the reason for the denial and whether you have the right to review. For certain grounds of denial, you have the right to have the denial reviewed by a designated licensed health care provider who did not participate in the original denial decision.

Right to Request Amendment – You have the right to request that we amend your PHI if you believe it is inaccurate or incomplete. To request amendment, email your request to privacy@livebreathable.com. If we deny your request, we will allow you to submit a statement of disagreement for inclusion in your record.

Right to Request Confidential Communications – You may request that we communicate with you concerning PHI by alternative means or at an alternative location. To request confidential communications, email your request to privacy@livebreathable.com. We will accommodate reasonable requests. We may condition such accommodation on you specifying an alternative address or method of contact and explaining how payment will be handled.

Right to Request an Accounting of Disclosures – You have the right to receive an accounting of the disclosures of your PHI, except disclosures for treatment, payment, health care operations, and certain other purposes. To request an accounting of disclosures, email your request to privacy@livebreathable.com Your first accounting in any 12-month period will be provided without a charge. We may charge a reasonable fee for additional requests within the 12-month period.

Right to File a Complaint – If you believe your privacy rights have been violated, you have the right to file a complaint with Breathable. You may file a complaint by emailing Breathable’s Privacy & Security Officer at .privacy@livebreathable.com. You also have the right to file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints. You will not be retaliated against for filing a complaint.

You also have the right to request a paper copy of this Notice at any time. For additional information about Breathable’s privacy practices, you may contact our Privacy & Security Officer: Email: privacy@livebreathable.com.

OUR DUTIES REGARDING YOUR PHI: Breathable is required by law to maintain the privacy of PHI, to provide notice of our legal duties and privacy practices with respect to PHI and notify affected individuals following any breach of unsecured PHI. We are required to abide by the terms of this Notice currently in effect.

OUR RIGHT TO CHANGE THIS NOTICE: Breathable reserves the right to change our privacy practices, as described in this notice, at any time. We will post the updated version on our website and will make it available upon request. Updated terms will apply to all PHI maintained by Breathable.

CONTACT THE PRIVACY OFFICER FOR MORE INFORMATION: If you have any questions regarding this Notice or if you wish to exercise any of your rights described in this Notice, you may contact the Privacy Official at: The HIPAA Privacy and Security Officer, Breathable, LLC, 4560 Dow Ridge Road, West Bloomfield Township, MI 48324, Email: privacy@livebreathable.com