Legal

Consumer Health Data Privacy Policy

Effective Date: July 1, 2026
Last Updated: July 1, 2026

This Consumer Health Data Privacy Policy (this “CHD Policy”) supplements our Privacy Policy and applies specifically to “consumer health data” that Life Vitality LLC, doing business as SurpassMD (“SurpassMD,” “we,” “us,” or “our”), collects about residents of Washington, Nevada, and Connecticut. It is provided to comply with the Washington My Health My Data Act, Nevada Senate Bill 370, and the Connecticut Data Privacy Act. Where this CHD Policy conflicts with our general Privacy Policy, this CHD Policy controls for consumer health data of residents of those states.

Not protected health information. This CHD Policy does not apply to protected health information governed by HIPAA, which the Providers and Pharmacies maintain under the Provider’s Notice of Privacy Practices, available here, or to other information exempt from these laws.

1. What Is Consumer Health Data

“Consumer health data” means personal information that is linked or reasonably linkable to you and that identifies your past, present, or future physical or mental health status. For our Services, this may include information that identifies you as seeking weight-management or other health services, the health conditions and symptoms you report, your height, weight, and body measurements, medications and treatments, and any precise location information that could indicate an attempt to acquire health services.

2. Categories of Consumer Health Data We Collect

We may collect the following categories of consumer health data:

Health conditions, symptoms, and medical history you report through intake and eligibility questionnaires;
Body measurements such as height and weight, and weight-management goals;
Medications, treatments, and the products you request or receive;
Information that identifies you as having sought or obtained health services through the Services; and
Data derived or extrapolated from the above (such as inferences about your health).

3. Sources and How We Collect It

We collect consumer health data directly from you when you use the Services and complete questionnaires, automatically through your use of the Services, and from the Providers, Pharmacies, and service providers that help us operate the Services.

4. How We Obtain Your Consent

We collect your consumer health data only after you provide clear, affirmative consent at the point of collection, presented separately from our general Terms of Use, and we obtain a separate affirmative consent before sharing your consumer health data where applicable law requires it. A link to this CHD Policy is provided where we collect consumer health data. You may withdraw your consent at any time as described below; withdrawal does not affect processing that already took place and may prevent us from providing the Services.

5. How and Why We Use Consumer Health Data

We use consumer health data to provide the Services, connect you with Providers and Pharmacies, process and fulfill your orders, communicate with you, provide customer support, maintain the security and integrity of the Services, and comply with law. We do not use consumer health data for targeted advertising.

6. How We Share Consumer Health Data

We share consumer health data with the Providers and Pharmacies to provide your care; with service providers and processors that perform functions on our behalf under contracts that limit their use of the data; when you direct or consent to the sharing; and as required by law. The categories of recipients are: the Providers and Pharmacies; technology, hosting, payment, communications, shipping, and customer-support vendors; and government or legal recipients where required.

No sale of consumer health data. We do not sell consumer health data, and we will not sell it without first obtaining your valid authorization as required by applicable law.

7. Your Rights Regarding Consumer Health Data

Subject to applicable law, you have the right to: confirm whether we are collecting, sharing, or selling your consumer health data and access that data; obtain a list of the third parties and affiliates with whom we have shared it; withdraw consent to our collection and sharing of it; and request that we delete it. We will not discriminate against you for exercising these rights.

To exercise these rights, email privacy@surpassmd.com with the subject line “Consumer Health Data Request.” We will verify and respond to your request within the time required by applicable law. If we deny your request, you may appeal by replying to our decision; if your appeal is denied, you may contact your state attorney general.

8. How to File a Complaint

If you believe we have not handled your consumer health data in accordance with law, you may contact us first at privacy@surpassmd.com. You may also file a complaint with: the Washington State Attorney General (www.atg.wa.gov/file-complaint); the Nevada Attorney General (ag.nv.gov); or the Connecticut Attorney General (portal.ct.gov/ag).

9. Security and Retention

We maintain reasonable safeguards designed to protect consumer health data and retain it only as long as necessary for the purposes described in this CHD Policy or as required by law.

10. Changes; Contact

We may update this CHD Policy and will revise the “Last Updated” date when we do. Questions may be directed to privacy@surpassmd.com, or Life Vitality LLC dba SurpassMD, 16192 Coastal Highway, Lewes, DE 19958.