1 Scope

This US Consumer Health Data Privacy Notice supplements the Everbite Privacy Policy. It applies to consumer health data covered by the Washington My Health My Data Act, Nevada's consumer health data law, and similar applicable US state laws.

Everwake Interactive Pty Ltd (ABN 66 688 718 881) ("we", "us", or "our") provides Everbite. In this Notice, "consumer health data" means Personal Data that identifies or is reasonably capable of being linked to a consumer and identifies or reveals information about that consumer's past, present or future physical or mental health, as defined by applicable law.

2 Consumer Health Data We Collect

Depending on how you use Everbite, we may collect:

We do not currently collect consumer health data from Apple HealthKit or Google Health Connect.

3 Sources of Consumer Health Data

We collect consumer health data:

4 Why and How We Process Consumer Health Data

We may process consumer health data to:

Processing may include storing and organising data, analysing photos or text, extracting text, identifying or categorising foods and ingredients, estimating quantities and nutrients, matching results against nutritional databases, generating insights, allowing corrections, and irreversibly anonymising or aggregating information.

Once information meets applicable legal de-identification requirements, we may retain, use and disclose it indefinitely for any lawful business purpose, including research, statistics, marketing, developing products and services, and training, testing and improving AI models. We take reasonable measures to prevent identification, use this information only in de-identified form, do not attempt to re-identify it, and impose equivalent contractual requirements on recipients. Aggregation alone does not remove consumer health data protections.

5 Disclosures of Consumer Health Data

We disclose consumer health data only as described in this Notice and the Privacy Policy. Depending on the feature used:

The categories disclosed may include the categories in section 2, limited to what the recipient needs for the relevant purpose. We have no affiliates with which we currently share consumer health data.

We do not sell consumer health data. We do not use or disclose consumer health data for targeted third-party advertising. We do not permit third parties to collect consumer health data through Everbite over time and across unrelated websites or online services for targeted advertising.

Some applicable laws exclude disclosures to processors acting on our instructions from the legal definition of a "share." We describe those processors above for transparency regardless of that classification.

6 Consent and Your Choices

Where consent is required, we request it before collecting or sharing consumer health data. The request identifies the relevant data, purposes, recipient categories and method of withdrawal. Additional categories or additional purposes not disclosed in this Notice require further notice and consent where required by applicable law.

Processing that is necessary to provide a feature you request may involve service providers acting only on our instructions. We request separate consent for other sharing where applicable law requires it. Broader research, identifiable health-data marketing, AI training and other non-core uses are subject to separate optional controls where required.

You may withdraw consent through the controls provided in Everbite or by emailing [email protected]. If you withdraw the consent required for Everbite's core functions, we will stop the affected processing, erase the affected Personal Data or use anonymisation only where applicable law permits it as described in section 8, and suspend access until you provide consent again. Withdrawing optional consent does not block core functions.

7 Your Consumer Health Data Rights

Depending on applicable law, you may have the right to:

Submit a request through the privacy controls made available in Everbite or by emailing [email protected]. We may take reasonable steps to verify your identity. You do not need to create a new account to make a request, although we may ask you to use an existing account where permitted.

We will respond without undue delay and within 45 days where that period applies. Where permitted and reasonably necessary, we may extend the response period once by up to 45 additional days after notifying you within the initial period and explaining the reason.

To appeal a decision, reply to the decision or email [email protected] and identify the decision being appealed. We will respond within the period required by applicable law. If we deny an appeal, we will provide any regulator complaint route required by applicable law.

We will not unlawfully discriminate against you for exercising a consumer health data right. Some features or the Service may be unavailable where they require data that you ask us not to process.

8 Deletion and Retention

When deletion is required, we will erase affected consumer health data in active systems within 30 days and notify relevant processors and other recipients as required. We may use anonymisation instead of deletion only where applicable law permits it. Protected backup copies are placed beyond ordinary use and erased or overwritten within three months. We may retain only specific information, and only for as long as applicable law permits or requires its retention despite the request or withdrawal. Information already lawfully de-identified before the request or withdrawal, or anonymised under that permitted alternative, may be retained and used indefinitely for the purposes described in section 4, provided it meets applicable legal de-identification requirements and the safeguards in that section apply.

Information retained solely to meet a legal retention requirement will not be used for ordinary product operations, research or marketing and will be deleted when that requirement ends.

9 Security

We restrict access to consumer health data to personnel and service providers that need it for authorised purposes. We use reasonable administrative, technical and physical safeguards appropriate to the volume and sensitivity of the data, including encryption at rest and in transit.

10 Changes to This Notice

We may update this Notice as our practices or applicable laws change. We will post the revised Notice with an updated effective date. Before collecting, using or sharing additional categories of consumer health data, or using existing data for an additional purpose not disclosed in this Notice, we will provide further notice and obtain consent where required by applicable law.

11 Contact

For questions, complaints, consumer health data requests or appeals, contact:

Everwake Interactive Pty Ltd (ABN 66 688 718 881) Email: [email protected]