Lively U.S. Privacy Policy

Lively respects and honors the privacy of you and your loved ones. This U.S. Privacy Policy describes the types of personal information we collect, how we use the information, with whom we share it and the choices available to you regarding our use of the information. We also describe measures we take to protect the security of the information and how you can contact us about our privacy practices.

Information We Obtain

We obtain personal information about you in various ways, such as:

• From your device or when you visit our website, www.lively.com (“Site”), visit lively.com/myaccount, or use our mobile applications (Lively Link and Lively app) (“Apps”) (collectively, the “Digital Properties”);

• Offline, such as when you call, mail or fax us, or purchase one of our products in a store; and

• From our commercial partners, authorized family member or caregiver, who are obtaining a product or service on your behalf.

The types of personal information we may obtain about you include:

• Contact information, such as name, telephone number, and postal and email addresses;

• My Account and Lively Link login credentials, such as your password and security questions and answers;

• My Account account information, such as your account number, device serial number, account balance, phone plan, and phone usage information;

• Device monitoring data such as battery level, whether the device is powered on, network condition, step count, fall risk, and fall detection status;

• Transaction information, such as purchase history and payment details (e.g., credit or debit card number, security code, expiration date and billing address);

• Additional information included in your Personal Emergency Profile Form, Lively profile, or Lively app, such as your gender, date of birth, race, primary language, one-button safety device serial number, emergency contact information, medications, medical/physical conditions, physicians/hospitals, and vehicle information;

• Geolocation information; and

• Other information you choose to provide, such as through our “Contact Us” feature or by calling our Caring Centers, Lively Urgent Response or Urgent Care.

When you visit our Site, we may obtain certain information by automated means, such as cookies, web beacons, web server logs, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and cookies and may be used to transmit information collected through cookies back to a web server. The information we collect in this manner may include your device IP address, unique device identifier, web browser characteristics, device characteristics, operating system, language preferences, referring URLs, clickstream data, and dates and times of website visits.

When you use our mobile Apps, we also may collect certain information by automated means, such as through device logs, server logs and other technologies. The information we collect in this manner may include the device type used, the mobile operating system, device identifiers and similar unique identifiers, device settings and configurations, IP addresses, battery and signal strength, usage statistics, referring emails and web addresses, dates and times of usage, actions taken on the App, and other information regarding use of the App. In addition, as indicated above, we may collect your device’s geolocation information. Your device’s operating platform may provide you with a notification when the App attempts to collect your precise geolocation. Please note that if you decline to allow the App to collect your precise geolocation, or otherwise configure your device not to allow precise geolocation, you may not be able to use all of the App’s features or the offers available through the App. We also note that if you choose not to provide precise geolocation information, we still may receive indication of your location, but it likely will not be as precise as that provided directly from the device.

We may use these automated technologies on our Digital Properties to collect information about your equipment, browsing actions, and usage patterns. These technologies help us (1) remember your information so you do not have to re-enter it; (2) track and understand how you use and interact with our Digital Properties; (3) tailor the Digital Properties around your preferences; (4) measure the usability of our Digital Properties and the effectiveness of our communications; and (5) otherwise manage and enhance our services, and help ensure they are working properly.

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Site. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

How We Use the Information We Obtain

We may use the personal information we obtain about you to:

• Provide our products and services to you;

• Create and manage your My Account or Lively Link account;

• Process and fulfill orders, including processing payment transactions;

• Send you newsletters and other communications;

• Administer your participation in surveys, contests, promotions or other programs;

• Offer coupons, promotions or other discounts;

• Provide customer support and respond to your inquiries;

• Customize your experience with our Digital Properties and deliver tailored content, such as by providing personalized product information, purchase information, coupons and other offers;

• Protect against and prevent fraud, unauthorized transactions, claims and other liabilities;

• Operate, evaluate and improve our business (including managing the Digital Properties, developing new products and services; enhancing and improving our products and services; managing our communications; analyzing our products, services and customer base; performing data analytics; and performing accounting, auditing and other internal functions); and

• Comply with and enforce applicable legal requirements, industry standards and Lively policies and terms, which can be found here.

We also may use the information in other ways for which we provide specific notice at the time of collection.

Location Based Services

Lively offers two services that utilize geolocation information from your device – Urgent Response and Lively Link.

Our Urgent Response service allows you to get help in emergencies big or small by pressing the Urgent Response button on your device. For Urgent Response, we use geolocation information from your device to help determine your location so that our care agents can provide location information to third-party providers, including emergency responders, and/or your authorized emergency contacts in case of an emergency. For Urgent Response, your location information is updated approximately every 30 seconds.

Lively Link keeps your loved ones updated on your health and safety. With Lively Link, geolocation information from your device is shared with your authorized loved ones, including historical location information for the past 30 days. Your authorized Link users are able to view your current location through push notifications, accessing the map in the Link app, and your previous locations in the daily and weekly summaries. For Lively Link, your location information is updated approximately every 20 minutes. For more information on how Urgent Response and Lively Link work, please view our terms and conditions on our Legal Page.

Lively also uses geolocation information from your device to operate, evaluate and improve our business (including managing the Digital Properties, developing new products and services; enhancing and improving our products and services; managing our communications; analyzing our products, services, and customer base; performing data analytics; and performing accounting, auditing and other internal functions); and comply with and enforce applicable legal requirements and industry standards. To accomplish the above, Lively may share or disclose your geolocation information with our affiliates, business partners, third party vendors, suppliers, and service providers, and governmental agencies, including law enforcement.

Third-Party Analytics Services

We may use third party analytics services on our Digital Properties, such as Google Analytics. The analytics providers that administer these services use technologies such as cookies, web beacons, and web server logs to help us analyze your use of the Digital Properties. The information collected through these means (including IP address) may be disclosed to these analytics providers, and other relevant third parties who use the information to evaluate use of the Digital Properties. To learn more about Google Analytics and how to opt out, please visit Safeguarding your data: information for visitors of sites and apps using Google Analytics or Google Analytics opt-out browser add-on.

Interest-Based Advertising

On our Digital Properties, we may obtain information about your online activities to provide you with advertising about services tailored to your interests. This section of our U.S. Privacy Policy provides details and explains how to exercise your choices.

You may see our ads on other websites because we use third-party ad services. Through such ad services, we can target our messaging to users considering demographic data, users’ inferred interests, and browsing context. These services track your online activities over time and across multiple websites by collecting information through automated means, including through the use of cookies, web server logs, web beacons, and other similar technologies. The ad services use this information to show you ads that may be tailored to your individual interests. The information ad services may collect includes data about your visits to websites that serve Lively advertisements, such as the pages or ads you view and the actions you take on the websites. This data collection takes place both on our Digital Properties, and on third-party websites that participate in these ad services. This process also helps us track the effectiveness of our marketing efforts.

Our Site is not designed to respond to “do not track” signals from browsers.

To learn how to opt out of interest-based advertising in the U.S., please visit YourAdChoices Opt Out, Network Advertising Initiative Opt Out, and TrustArc Opt Out.

Information We Share

We may share the information we obtain about you with our affiliates and subsidiaries. We also may share the information we obtain about you with third-party vendors and other entities to perform certain services on our behalf in connection worth our business purposes, without limitation, such as website hosting, data analytics, advertising services, payment processing, and other services. We also may share personal information about you with joint marketing partners in support of our marketing efforts.

We may share personal information we collect on the Digital Properties at your request, such as if you invite your family to stay connected with you through the Lively Link app. Similarly, we may share your information with third parties unrelated to us in a manner expected in the context of a product you have purchased or a service that we are providing you—for example, in the case of an emergency or a potential issue identified as the result of monitoring services.

We also may disclose personal information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) with your consent or as directed by your representative.

We reserve the right to transfer any personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).

Your Rights and Choices

We offer you certain choices in connection with the personal information we collect from you. To update your preferences, limit the communications you receive from us, or submit a request, please contact us as indicated in the “How To Contact Us” section below. You can unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our emails or contacting us as specified in the “How To Contact Us” section below. We will apply your preferences going forward.

You may update certain of your account details and settings by logging into your account on our Digital Properties.

If you are a California resident and would like to learn more about your rights under California’s laws or review a privacy policy consistent with the same, visit our “California Privacy Rights” page.

If you are a Nevada consumer, for more information about your privacy rights, please see “Your Nevada Privacy Rights” below.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use. No set of safeguards is perfect or can anticipate all cyberattacks, however, and we do not guarantee the security of personal information.

Children’s Privacy

Our Digital Properties are designed for a general audience and are not directed to children. In connection with the Digital Properties, we do not knowingly solicit or collect personal information from children under the age of 13 without parental consent. If we learn that we have collected personal information from a child under age 13 without parental consent, we will either seek parental consent or promptly delete that information. If you believe that a child under age 13 may have provided us with personal information without parental consent, please contact us as specified in the "How To Contact Us" section of this U.S. Privacy Policy.

Links to Non-Lively Services and Features

For your convenience and information, our Digital Properties may provide links to other online services, and may include third-party features such as apps, tools, widgets and plug-ins. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by Lively, we are not responsible for these third parties’ information practices.

Updates To Our U.S. Privacy Policy

We may update this U.S. Privacy Policy from time to time and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of the policy when it was most recently updated.

Information Provided to Lively by Third-Parties

If you provide us with the personal information of another person such as your parent or your child, or direct us to share that person’s information with another person such as your sibling, you represent and warrant to Lively that you either (1) have full legal authority to provide such information or instructions (e.g., through power of attorney or guardianship of an elderly parent, or parental authority over a minor child), or (2) have obtained such person’s express and informed authorization to provide such information or instructions. Furthermore, when obtaining any such authorization, you must first provide him or her with a copy of this privacy policy and explain how his or her personal information will be used pursuant to this privacy policy. Periodically, you should review this privacy policy for updates and inform such third-party of any such updates. By providing such person’s information or instructions to Lively, you represent and warrant that you have complied with your obligations under this privacy policy.

How To Contact Us

You can update your preferences, ask us to remove your information from our mailing lists, submit a request or ask us questions about this U.S. Privacy Policy by calling us at 1-800-733-6632. You may also send us an email through our Contact Us page, or write to:

Your Nevada Privacy Rights

If you are a Nevada resident, you have the right to request that Lively not sell your personal information to third parties. However, please note that Lively does not sell your personal information, as defined under Nevada law, and only shares your personal information as outlined in this Policy.

You may still submit such a request via email through our Contact Us page (please select Privacy Concerns under Department) or write to us at (with a reference to Nevada Do Not Sell Information):

Best Buy Health Legal Maine Law & Broadband Internet Privacy

Maine law prohibits a provider of broadband Internet access service (“Provider”) from using, disclosing, selling, or permitting access to customer personal information obtained from the customer’s use of broadband internet without express consent (subject to certain exceptions). Information Providers collect pertaining to a customer that is not customer personal information is not subject to such restrictions, except upon written notice from the customer notifying the Provider that the customer does not permit the provider to use, disclose, sell or permit access to that information. Providers may not refuse to serve a customer, charge a customer a penalty, or offer a customer a discount if the customer does or does not consent to the use, disclosure, sale or access. Providers also are required to take reasonable measures to protect customer personal information from unauthorized use, disclosure, sale or access.

Effective Date: December 21, 2023