Aiberry, Inc.("Aiberry," "we," or "us") is committed to protecting your privacy and the privacy of your Personal Information. ThisPrivacy Policy explains the use of information collected through the SmartMindCare product—Aiberry's account-based, AI-powered mental healthassessment—and related applications, online services, and mobile applications(collectively, "Smart MindCare"). Our Terms of Use together with thisPrivacy Policy (collectively, the "Agreement") govern your use ofSmart MindCare.
The Agreement applies to any registered or non-registered member or other user of Smart MindCare("User"), including a doctor, therapist, or other healthcare specialist, professional, or provider using Smart MindCare in connection with a healthcare-related practice or other organization ("ServiceProvider").
WHICH AIBERRY PRIVACY POLICY APPLIES TO YOU.
Aiberry maintains three separate privacy policies because its products handle information differently:
This is the Smart MindCarePrivacy Policy.
BY USING OR OTHERWISE ACCESSING SMART MINDCARE, AND/OR BY REGISTERING WITH US, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE, YOU CANNOT USE SMART MINDCARE.
PLEASE SEE OUR TERMS OF USE REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR WEBSITES, SERVICES,TERMS OF USE, OR PRIVACY POLICY.
As further described below, we collect and maintain a range of data in order to provide Smart MindCare to you and maintain a safe and secure service. Access to your Personal Information is limited to (a) Aiberry employees and subcontractors who help with our business operations (such as to host our website platform, provide payment, billing, or similar services, or perform anti-fraud functions), and (b) Service Providers with whom you elect to share information (such as a doctor).
This Privacy Policy is effective as of June 28,2026. This Privacy Policy may be revised or updated by Aiberry from time to time in its sole discretion. Where appropriate, Aiberry will provide notice to you as provided in the Terms of Use. By continuing to access or useSmart MindCare after the effective date of any such change, you agree to be bound by the modified Privacy Policy.
In this Privacy Policy, the term"Personal Information" means any information that can readily be associated with a particular individual. As described below, PersonalInformation can include name and contact information, technical information,and health-related information known as "Protected Health Information" or "PHI."
We collect a range of PersonalInformation and usage statistics to maintain a high-quality user experience and deliver superior customer service. Specifically, Aiberry collects PHI from verbal and video feedback for purposes of allowing the Smart MindCare service to access AI techniques like machine learning (ML) and Natural LanguageProcessing (NLP) to examine these signals in isolation and as an aggregated pool of data to provide greater accuracy, augmenting a healthcare provider's mental health diagnostic capacity, and accelerating time-to-insight.
We request some information directly from you during registration. We gather other pieces of data directly from website traffic, your computer hardware and Internet connection, or your activities within Smart MindCare, communications, usage.
Information You Voluntarily Provide. If you register for Smart MindCare, we may collect your username and password, contact information (e.g., name, email address, address, and phone number), and payment information (credit card, etc.). We also collect other information you provide to Smart MindCare and the transactions you perform (e.g., Account information and preferences, content, and other materials). Note that certain content that you may provide (such as picturefiles) could contain associated metadata information about the content. We will generally store communications between you and Aiberry.
Information That Is Passively Collected. We collect traffic and analytics information through SmartMindCare such as your IP address, mobile device identifier, browser information, site usage information, use of different features functionality, and other information that assists us in monitoring and improving the service. Smart MindCare may maintain log files that contain similar information regarding use of the service (or links in communications).We may collect certain types of information through "cookies," which are described in Section 8 below.
In some circumstances we may receive information about you, including Personal Information, from third parties such as a Service Provider. If we do so, this Privacy Policy governs any combined information that we maintain in a personally identifiable format.
Under a federal law called theHealth Insurance Portability and Accountability Act ("HIPAA") and subsequent laws and regulations, when Aiberry receives certain health-related information about you, that information may be classified as PHI under the law.HIPAA provides specific protections for the privacy and security of your PHIand restricts how it may be used and disclosed. Notwithstanding any statements about the use of your Personal Information more generally in this PrivacyPolicy, Aiberry will only use and disclose your PHI as authorized by you and/or your Service Provider(s) in accordance with applicable law.
To that end, before any PHI that you provide is shared with a Service Provider, you may be asked to affirmatively authorize Aiberry to do so. By providing such authorization, you are permitting Aiberry to release your Personal Information, including PHI, to those specified Service Provider(s) pursuant to HIPAA. Your authorization is entirely voluntary, but without authorization, Aiberry will not be able to share your information with selected Service Providers.
We use Personal Information for legitimate business purposes as allowed by applicable law, such as to: provide you with Smart MindCare, including your interactions with Service Providers and customer support; comply with third-party contracts; help you efficiently access your information after you sign in; remember information so you will not have to re-enter it during your visit or the next time you use Smart MindCare;provide, improve, test, and monitor the effectiveness of Smart MindCare;develop and test new products and features; monitor metrics such as total number of visitors, traffic, and demographic patterns; or diagnose or fix technology problems.
Our use of PHI is restricted as described in Section 3.
We are not in the business of selling Personal Information about our users to third parties without your consent. Parties with whom we may share your information are:
Our Contractors. We may either employ or contract with third-party companies for the purposes of operating Smart MindCare, enhancing Smart MindCare, or fulfilling your requests(such as hosting platforms, anti-fraud functions, billing, collections,registration, customer support, or email delivery). In order for these third-party companies to carry out their services, your Personal Information and other data collected may be shared with these third-party companies, but our contracts with these third parties prohibit them from using any of yourPersonal Information for purposes unrelated to the services they are providing to us.
Selected Service Provider(s).We may share Personal Information (including PHI) with selected ServiceProvider(s) where we are authorized to do so as described in Section 3.
Government, Courts, and LawEnforcement. We may access, preserve, and share information about you,without consent, to government or law enforcement officials or private parties as we in good faith believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to comply with applicable laws, to protect the property and rights of Aiberry, you, or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to pose a risk of being, or is, illegal, unethical, or legally actionable. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
In the event that we receive a subpoena or other order issued by or under authority of a court of competent jurisdiction compelling the disclosure of any PHI, (unless prohibited by law)we will attempt to notify you or the Service Provider with whom you have a relationship of the subpoena or order prior to disclosing the information in order to provide an opportunity to intervene or otherwise prevent the disclosure. A Service Provider shall be responsible for any fees and expenses reasonably incurred by Aiberry in responding to a subpoena seeking records of that Service Provider, its personnel, or its members.
We may also access, preserve,and share information when we have a good faith belief it is necessary to:detect, prevent, and address fraud and other illegal activity; protect ourselves, you, and others, including as part of investigations; and prevent death or imminent bodily harm. Information we receive about you may be accessed,processed, and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
Parties with Whom You MayChoose to Share Your Information. If you voluntarily share or submit any information to be shared with other parties or the public, or link it to any social media platforms or the public, that information may become available to those parties or the public.
Using and Sharing AnonymizedData. We may de-identify and anonymize Personal Information so it is no longer associated with any individual(s) in order to use it for other purposes,such as aggregating the data for statistical analysis.
You may be able to modify certain features in your Account profile page. In addition, if we offer any communications by text message, you may opt out of receiving text messages by replying "STOP" to any text message received. In all promotional emails, you will be given the opportunity to opt out of receiving such messages in the future by clicking the "unsubscribe" link at the bottom of the email; it may take up to ten (10) business days for us to process your opt-out request. Even if you have unsubscribed from promotional emails, we may send you other types of important email communications, such as announcements about the service and administrative notices (e.g., account verification, payment confirmations, technical and security notices).
Information we collect throughSmart MindCare may be retained indefinitely, but we may elect to only retain such information to the extent necessary for business and legal purposes. If you cease being a user, we may retain your Personal Information in the event you wish to rejoin the service, and for anti-fraud and other purposes. Our retention and use of PHI is subject to the restrictions described in Section 3and applicable law.
A "cookie" is a small string of data which often includes an anonymous unique identifier sent to your browser from a website's computers, and stored on your computer's hard drive.Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. These cookies and other similar technologies like pixels, web beacons (also known as "clear GIFs"), and local storage may be used to collect information about how you use Smart MindCare and provide features to you.
You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set.(Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.) However, if you reject all cookies, you may not be able to use Smart MindCare. Aiberry and third parties acting on our behalf may use cookies for a number of purposes relating to SmartMindCare including to: access your Account information when you "login" to Smart MindCare; keep track of your session data; and keep track of certain information that is then aggregated (i.e., not connected to yourPersonal Information), such as how you use Smart MindCare, what pages you visit, and the frequency and length of those visits.
By registering for and usingSmart MindCare, you consent to the transfer of your Personal Information to anywhere where we, our contractors, or Service Providers maintain facilities for the use of your information as described in this Privacy Policy. Although we implement reasonable administrative, physical, and electronic security measures designed to protect your Personal Information from unauthorized access, we cannot ensure the security of any information you transmit to us or guarantee that this information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your Personal Information. To the extent the law of your jurisdiction allows for notification of a breach via e-mail or conspicuous posting through Smart MindCare, you agree to accept notice in that form.
We have developed data practices designed to assure information is appropriately protected, but we cannot always know where Personal Information may be accessed or processed. While SmartMindCare is maintained and operated within the United States, we may transferPersonal Information outside of the United States if necessary. As described above, we may employ contractors to perform functions on our behalf, and ifPersonal Information is accessible to a third party or to our employees outside of the United States, we will seek assurances that such information is safeguarded adequately, in accordance with this Privacy Policy and applicable laws.
Smart MindCare is hosted in the cloud based in the United States. If you are visiting from the European Union or other regions with laws such as GDPR governing data collection and use,please note that you are transferring your Personal Information, potentially including sensitive data. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy.
We do not track our users overtime and across third-party websites to provide targeted advertising. We do not respond to Do Not Track ("DNT") signals and handle all PersonalInformation consistent with our Terms of Use and this Privacy Policy.
Smart MindCare may be embedded within, or contain links to, other websites or services that we do not own or operate. We are not responsible for the practices employed by such websites or services, including the information or content contained within them. Your use of any third-party website or service is subject to that third party's own rules and policies, not ours.
You agree that we are not responsible for and do not have control over any third parties that you authorize to access your Personal Information (which authorization may includePHI). If you use a third-party website or service and allow them to access yourPersonal Information, you do so at your own risk.
We may share PersonalInformation with companies under common control (such as a parent company or subsidiary) to be used in a manner consistent with this Privacy Policy. If part or all of Aiberry or our assets is transferred to another organization, yourPersonal Information may be among the items transferred. The recipient will have to honor the commitments we have made in this Privacy Policy.
We may update this PrivacyPolicy periodically to reflect changes in the types of information we collect,the means we use to collect information, or our usage of collected information.We will make reasonable efforts to alert you to any material changes when they occur. Changes will generally take effect immediately upon posting.
Please direct questions or concerns about this Privacy Policy or Smart MindCare to us via email to your customer success manager or by mail to Aiberry, Inc., 155 108th Ave NE, Suite220, Bellevue, WA 98004.
