MemCare Solutions Privacy Policy

U.S. Only – Delaware Law

Effective Date: December 10, 2025

SECTION 1: DATA PRIVACY COMPLIANCE

Section 1.1 U.S. Use Only- NOT GDPR COMPLIANT

IMPORTANT: MemCare Solutions is intended solely for use by persons located within the United States of America. Our Services are NOT designed to comply with the European Union General Data Protection Regulation (GDPR), UK Data Protection Act, or other non-U.S. privacy regimes.

By accessing or using MemCare Solutions, you represent that you are currently located in the United States. USE FROM OUTSIDE THE U.S. IS STRICTLY PROHIBITED.

If you are in the EU, UK, or any similar jurisdiction, DO NOT USE THIS APP.

Section 1.2 Non-HIPAA Compliance

MemCare Solutions is not a “covered entity” or “business associate” as defined by the Health Insurance Portability and Accountability Act (HIPAA) and, therefore, does not represent or warrant that its services, products, or practices are HIPAA compliant. Users should be aware that the privacy and security requirements applicable to U.S. healthcare providers or facilities under HIPAA do not apply to MemCare Solutions. If you require a HIPAA-compliant service, please consult a qualified healthcare provider.

SECTION 2: OVERVIEW

2.1 About MemCare Solutions

MemCare Solutions (“we,” “us,” “our,” or “Company”) provides AI-powered tools to support individuals with memory challenges and their caregivers through mobile applications, websites, and devices (collectively, the “Services”), including MemCare, CareSight, CareSightHub, and CareSightHome. MemCare Solutions provides AI-powered reminders, activity monitoring, location services, and caregiver coordination through our Services.

SECTION 3: INFORMATION WE COLLECT

3.1 Categories of Personal Information

We collect the following categories:

Identifiers

Name, email, phone, mailing address, date of birth, device ID, favorite locations and corresponding addresses, contact information of preferred people (family members, friends, doctors, etc.), and images of favorite people for facial recognition purposes.

Health Information

Medications, dosages, medication compliance log

Biometric Information

Voice recordings, voice prints, voice sample for User alerts, images of contacts for facial recognition purposes

Geolocation Data

GPS coordinates, precise location

Internet/App Activity

Usage patterns, features used, browsing history, clicks

Commercial Information

Payment method, billing address, subscription history

Sensory Information

Voice recordings (temporarily), photos of medications

3.2 Sources of Information

Directly from you: Information you provide during registration and app use
Automatically: Device data, location, usage patterns collected when you use Services
Third parties: Caregivers you authorize

SECTION 4: HOW WE USE AND DISCLOSE INFORMATION

4.1 Business Purposes

We use personal information for:

Providing Services: Medication and other reminders, activity monitoring, location monitoring, caregiver alerts, general alerts/notifications

Payment Processing: Billing and subscription management

Quality Improvement: Fixing bugs, improving features, AI accuracy

Customer Support: Responding to inquiries, troubleshooting

Fraud Prevention: Detecting unauthorized access, securing accounts

Legal Compliance: Complying with laws, responding to legal requests

Analytics: Understanding usage with de-identified data only

4.2 Categories of Third Parties We Share With

Authorized caregivers: alerts, activity information
Service providers: Cloud hosting (AWS), payment processing (Stripe)
Government authorities: When required by law

4.3 WE DO NOT SELL YOUR PERSONAL INFORMATION

MemCare Solutions recognizes the importance of protecting personal information for anyone using our services. We understand the heightened concerns surrounding data privacy in the care of vulnerable populations. MemCare is committed to the highest standards of data protection and hereby pledges that we will never sell, rent, lease, or otherwise disclose users’ personal information to third parties for their marketing or commercial purposes. Your information is held in trust and used solely to provide and improve our services in accordance with the terms of this Privacy Notice.

SECTION 5: DATA RETENTION

5.1 Retention Periods

MemCare Solutions retains different types of personal information for varying periods based on the purpose of collection and legal requirements. Activity and behavioral monitoring data, safety alerts, access logs and audit trails, and data breach investigation records are retained for one (1) year to meet record retention and legal requirements. GPS Location history is retained for only thirty (30) days as it is used solely for real-time monitoring purposes. Safe Zone location monitoring is limited to the previous fifty (50) pings in the last known location. Voice recordings are not retained and are deleted immediately after transcription. However, the sample of the User’s voice recorded during the setup process is retained and used for services within the app and is stored using appropriate technical and organizational safeguards. MemCare Solutions collects, uses, and discloses only the minimum amount of personal information needed to accomplish the stated purpose, and access to personal information within our organization is limited by role and business function.

SECTION 6: SECURITY SAFEGUARDS

6.1 Security Measures

MemCare implements administrative, physical, and technical safeguards to protect your information.

6.2 Technical Safeguards

Access Control

Unique user IDs and device identifications, verifying process and encryption

Audit Controls

Logging all information access

Integrity Controls

Ensuring information is not improperly altered

Transmission Security

Encryption for all data transmission

Encryption at Rest

Encryption for all stored information

6.3 Administrative Safeguards

Security Management Process

Annual risk assessment

Incident Response

24-hour escalation for security incidents

Service Provider Contracts

Security agreements with all subcontractors

SECTION 7: SUBCONTRACTORS

7.1 Subcontractor Requirements

All subcontractors who access personal information must execute appropriate security and confidentiality agreements.

7.2 Current Subcontractors

Amazon Web Services (AWS): Cloud hosting
Stripe: Payment processing
National Library of Medicine (NLM): uses publicly available data [pertaining to medication] from the U.S. National Library of Medicine (NLM), National Institutes of Health, Department of Health and Human Services; NLM is not responsible for the product and does not endorse or recommend this or any other product
Analytics provider: De-identified data only

SECTION 8: BREACH NOTIFICATION

8.1 Notification to Individuals

If a data breach occurs that affects your information, we will notify you without unreasonable delay, as required by applicable law.

8.2 Notification Content

Breach notification includes:

Description of breach
Types of information involved
Steps individuals should take
What we are doing to mitigate harm
Contact information

SECTION 9: INFORMED CONSENT TO CONTINUOUS MONITORING

9.1 What We Monitor Continuously

Medication consumption (doses, timing, patterns)
Activity levels and movement
Unusual inactivity
Behavioral pattern changes
Location data

9.2 Risks of Continuous Monitoring

Privacy concerns (continuous observation)
Data breach risk
Technical failures
False alarms or missed alerts
Over-reliance on automated monitoring

9.3 Your Consent

By using Services, you consent to continuous, automated monitoring 24/7. You may withdraw consent by deleting your account.

SECTION 10: LIMITATION OF LIABILITY

10.1 Services Provided “AS IS”

Services are provided on “AS IS” basis. We do NOT warrant uninterrupted, error-free, or secure availability.

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. IN EMERGENCIES, CALL 911.

10.2 Limitation on Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, MemCare Solutions SHALL NOT BE LIABLE FOR:

Service downtime, delays, interruptions, or unavailability
User reliance on alerts, monitoring data, or AI predictions
Technical errors, bugs, or system failures
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
Lost profits or business opportunities

10.3 Liability Cap

Total liability shall not exceed: (a) amount paid in past 12 months, OR (b) $100.

10.4 Exceptions

These limitations DO NOT exclude liability for:

Willful misconduct, gross negligence, or fraud
Non-waivable statutory rights

10.5 Savings Clause

If any provision is deemed invalid, the remaining provisions remain enforceable to maximum extent permitted by law.

SECTION 11: INDEMNIFICATION

11.1 User Indemnification

You agree to indemnify MemCare for claims arising from:

Your reliance on alerts or monitoring data
Service downtime or technical failures (ordinary business risks)
Your violations of Terms or applicable laws

11.2 Exceptions

You do NOT indemnify MemCare for:

MemCare’s gross negligence or willful misconduct
Security breaches from MemCare’s failure to implement required safeguards

SECTION 12: GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

12.2 Exclusive Venue

All disputes must be brought exclusively in state or federal courts in New Castle County, Delaware.

You irrevocably consent to jurisdiction and venue in New Castle County, Delaware and waive objections to venue or inconvenient forum.

12.3 Jury Trial Waiver

To extent permitted by law, both parties waive the right to a jury trial.

12.4 Class Action Waiver

Disputes brought on individual basis only. No class actions or representative proceedings.

This waiver does NOT apply to non-waivable consumer rights.

12.5 Statute of Limitations

Claims must be filed within 1 year after arising or are permanently barred.

SECTION 13: CONTACT INFORMATION

13.1 Privacy Inquiries

Email: privacy@memcaresolutions.com

ACKNOWLEDGMENT

By using MemCare Solutions, you acknowledge that you have read, understood, and agree to this Privacy Policy & Terms, including:

Understanding of continuous 24/7 monitoring
Understanding that Services are NOT medical care
Understanding of your privacy rights
Agreement to limitation of liability and indemnification
Agreement to Delaware law and New Castle County venue
Understanding this is U.S.-only service, not GDPR compliant

Your use constitutes acceptance of all terms.

Version: 9.0

Effective Date: December 10, 2025

Last Updated: December 10, 2025

END OF PRIVACY POLICY & TERMS