Data Processing Addendum

Confidential & Proprietary

Last Updated: 06/30/2026

Version: 1.0

This Data Processing Addendum (the "DPA") forms part of the Visits Terms of Use (the "Terms") between You ("You/Your" or "User") and EMPOWERX INC. d/b/a VISITS ("Us", "We", "Our", "Company", or "Visits").

YOU SHOULD CAREFULLY READ THIS DPA. By continuing to use the Services, You acknowledge that You have read, understand, and agree to be bound by this DPA. In the event of a conflict between the Terms and this DPA regarding the processing of Personal Data, this DPA shall control.

WHAT TERMS DO YOU NEED TO KNOW?

Any capitalized terms not defined in this DPA are defined in the Terms or the Visits Privacy Policy. For the purposes of this DPA:

  • "Applicable State Privacy Laws" means all U.S. state laws and regulations relating to data protection and privacy applicable to Our processing of Personal Data under the Terms, including but not limited to the California Consumer Privacy Act as amended by the CPRA ("CCPA"), the Virginia Consumer Data Protection Act ("VCDPA"), the Colorado Privacy Act ("CPA"), the Texas Data Privacy and Security Act ("TDPSA"), the Washington My Health My Data Act ("MHMDA"), and other similar laws as they become effective.
  • "Personal Data" means any information processed by Us on Your behalf that identifies, relates to, describes, or is reasonably capable of being associated with a particular consumer or household.
  • "Controller," "Processor," "Business," "Service Provider," "Sale," and "Share" shall have the meanings given to them under the Applicable State Privacy Laws.

WHAT ARE OUR ROLES

For the purposes of this DPA, You are the "Controller" (or "Business" under the CCPA) and Visits is the "Processor" (or "Service Provider" under the CCPA). We process Personal Data solely on Your behalf and strictly for the purpose of providing the Services set forth in the Terms.


HOW WILL WE PROCESS YOUR DATA?

We agree to the following regarding the processing of Your Personal Data:

  1. Documented Instructions: We will process Personal Data only to provide the Services specified in the Terms or as otherwise documented by Your lawful written instructions.
  2. Duty of Confidentiality: We will ensure that all personnel authorized to process Personal Data are subject to a binding duty of confidentiality.
  3. Data Security: We will implement and maintain reasonable and appropriate administrative, technical, and physical safeguards designed to protect Personal Data against unauthorized access, disclosure, or breach. We will provide reasonable assistance to You in meeting Your obligations regarding the security of processing and the notification of a data breach under Applicable State Privacy Laws.
  4. Consumer Rights Assistance: We will provide reasonable assistance to You in responding to consumer rights requests (e.g., access, deletion, correction, or opt-out requests) under Applicable State Privacy Laws.
  5. Data Protection Assessments: Upon Your reasonable request, We will provide reasonable assistance to You in completing data protection assessments or risk assessments required by Applicable State Privacy Laws.

CALIFORNIA SPECIFIC OBLIGATIONS (CCPA/CPRA)

To ensure We qualify as a "Service Provider" under the CCPA, We expressly acknowledge and agree that We shall NOT:

  • Sell or Share the Personal Data.
  • Retain, use, or disclose the Personal Data for any purpose (including a commercial purpose) other than for the specific business purposes of providing the Services described in the Terms.
  • Retain, use, or disclose the Personal Data outside of the direct business relationship between You and Visits.
  • Combine the Personal Data received from or on Your behalf with Personal Data We receive from other sources, except as expressly permitted under the CCPA.

Your Rights: You have the right, upon reasonable notice, to take reasonable and appropriate steps to ensure that We use Personal Data in a manner consistent with Your CCPA obligations, and to stop and remediate unauthorized use of Personal Data.


CONSUMER HEALTH DATA LAWS

To the extent We process "Consumer Health Data" (as defined by Applicable State Laws) on Your behalf, We agree that We shall process such data strictly to the extent necessary to provide the specific Services requested by You. WE ARE EXPRESSLY PROHIBITED FROM USING CONSUMER HEALTH DATA FOR OUR OWN PURPOSES, SECONDARY ANALYTICS, OR ADVERTISING PER APPLICABLE STATE LAWS.


DE-IDENTIFICATION OF DATA

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS DPA OR THE TERMS, VISITS MAY DE-IDENTIFY PERSONAL DATA AND/OR PROTECTED HEALTH INFORMATION (PHI) for any lawful purpose, including for future research, analytics, and product improvement.

Such de-identification shall be conducted in accordance with 45 C.F.R. § 164.514(a)-(c) (the HIPAA de-identification standard) and Applicable State Privacy Laws. Once de-identified, such data shall no longer be considered Personal Data under this DPA.

To the extent We use or maintain De-Identified Data, We explicitly agree to:

  1. Take reasonable measures to ensure the data cannot be associated with a consumer or household;
  2. Publicly commit to maintain and use the data only in a de-identified fashion and not attempt to re-identify the data; and
  3. Contractually obligate any downstream recipients of the De-Identified Data to comply with these exact same commitments.

SUBPROCESSORS

By using the Services, you provide general authorization for Visits to engage subcontractors to process Personal Data ("Subprocessors"). We will flow down the privacy and security obligations contained in this DPA to all Subprocessors in a written agreement. We will notify You of any intended changes concerning the addition or replacement of Subprocessors, giving You the opportunity to object to such changes by contacting support@visitsrx.com.


AUDITS AND COMPLIANCE

Upon Your reasonable written request, We will make available to You all information necessary to demonstrate compliance with the obligations outlined in this DPA and Applicable State Privacy Laws. We shall allow for and contribute to reasonable assessments or audits conducted by You or Your designated assessor, or We will provide an independent third-party audit report (e.g., SOC 2 Type II) in lieu of a direct audit.


WHAT HAPPENS AT TERMINATION?

Upon the termination or expiration of Your User Account and the Terms, We shall, at Your choice, securely delete or return all Personal Data to You, unless retention of the Personal Data is required by law or in accordance with Our data retention policies as outlined in the Terms.


CONTACTING US REGARDING DATA PROCESSING

If You have questions about this DPA, please contact our Data Security Officer at support@visitsrx.com or at our mailing address:

EmpoweRx Inc. d/b/a VISITS
1155 Camino Del Mar, #550
Del Mar, CA 92014


Confidential & Proprietary