Consumer Health Data Privacy Policy 

Last Updated: October 4, 2024

This Consumer Health Data Privacy Policy provides information regarding how Welltower OP LLC (“Welltower”, “we,” “our,” or “us”) process “consumer health data” as defined by Washington’s My Health My Data Act (“WMHMDA”) and other applicable consumer health privacy laws.  

In the event of a conflict between Welltower’s Privacy Policy and this Consumer Health Data Privacy Policy, this Consumer Health Data Privacy Policy will control with respect to the processing of consumer health data.  Note that this policy does not apply to personal information that is not subject to the WMHMDA, including to information that is specifically exempt from the WMHMDA, which includes, among other things, protected health information subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations. In the event of a conflict between our residential properties’ HIPAA Notice of Privacy Practices and this Consumer Health Data Privacy Policy, the HIPAA Notice of Privacy Practices shall control, where applicable, with respect to protected health information. This Consumer Health Data Privacy Policy does not apply with respect to consumer health data collected on websites operated by Welltower’s third-party property managers. 

Consumer health data we collect 

We collect consumer health data in connection with certain of our products and services, such as when you visit our websites or engage and interact with our residential properties or services provided thereby (collectively, the “Services”). The type of consumer health data depends on the Service and your interactions with us. Examples of consumer health data that we collect may include: 

• information about your health-related conditions, symptoms, status, diagnoses, testing, treatments, or medications, including your use and purchase of such medication; 

• information about social, psychological, behavioral, and medical interventions; 

• information about your health-related surgeries or procedures; 

• measurements of bodily functions, vital signs, symptoms, or health characteristics; 

• biometric data, such as photographs; 

• gender-affirming care information; 

• certain types of genetic information that may be associated with a diagnosis or condition you have, or medication you receive; 

• information that could identify you as seeking health care services, such as requests to tour our properties or search queries on our websites; and 

• other information that may be used to infer or derive data related to the above or other health information. 

How we use consumer health data 

We primarily collect and use consumer health data as necessary to provide you with products or services that you request or for other purposes for which we obtain your consent as required by applicable law. This may include the following: 

• providing you with the Services, such as verifying your identity, managing your account, allowing you to participate in interactive features on our website including those related to touring or leasing a residential property, providing you with residential or care services at our properties, and processing or fulfilling transactions; 

• communicating with you and providing support, such as to provide you information about the Services, address your inquiries and feedback, requests, and other communications you send us, and provide you with resident support services; 

• operating, evaluating, and improving our business, such as to perform accounting, auditing, record keeping, and other internal functions, conducting research, property management and related tax initiatives, developing new products and services, analyzing and improving our Services, and personalizing your experience; 

• complying with law, such as to comply with legal obligations and process and contractual obligations, as well as our policies and terms and conditions; and  

• any other lawful purpose or for which we obtain your consent. 

We may also collect and use consumer health data as necessary to protect the rights and safety of us, our affiliates, you, or others, such as to: 

• prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any activity that is illegal under applicable state law or federal law;  

• preserve the integrity or security of our systems; and 

• investigate, report, or prosecute those responsible for any such action that is illegal under applicable state law or federal law. 

We may deidentify consumer health data so that it cannot reasonably be reidentified by us or by another person, and we may use this deidentified data for any reason permitted by applicable law. If we deidentify information that was originally based on consumer health data, we maintain and use that information in deidentified form and will not attempt to reidentify the data, except as otherwise permitted under applicable law. 

Sources of consumer health data 

We collect consumer health data directly from you and automatically as you interact with our Services.  

• directly from you, such as when you use the Services, tour, apply to rent, or live at certain of our properties, or otherwise contact us;  

• automatically as you interact with our online Services; 

• from the use of our CCTV cameras for certain premises where they are installed for security purposes; 

• from our affiliated operating companies, business partners, data brokers, companies we provide services for, or service providers and third-party property managers; and 

• from authorized third-party sources such as your employer or an agent or third party acting on your behalf. 

The specific sources of consumer health data depend on the Service and your interaction with us.  

How we share consumer health data 

We may share each of the categories of consumer health data described in this Consumer Health Data Privacy Policy as necessary to provide you with a product or service you request, with your consent, or for certain security-related purposes, as described in the “How we use consumer health data” section above. We may also share consumer health data: 

• to comply with law or cooperate with lawful requests: We may share your consumer health data with law enforcement agencies, courts, other government authorities or other third parties where we believe necessary to comply with a legal or regulatory obligation. We may share consumer health as we deem reasonably necessary to support lawful investigations or otherwise to protect our rights or the rights of you or any other party.   

• to apply for certain property tax initiatives: We may share your consumer health data with certain government agencies to facilitate Welltower’s application for certain property tax initiatives where you agree to provide us with your consumer health data for this purpose. 

• to facilitate the transition of property management services: We may share your consumer health data where we transition property management services from one third-party property manager to another. 

• in the context of a business transfer: We may share your consumer health data with potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. 

Third parties and affiliates with which we share consumer health data 

As necessary for the purposes described above, we share consumer health data with the following categories of third parties and affiliates: 

• Welltower affiliates, including Welltower Inc.; 

• our agents, service providers and third-party property managers, suppliers, and other business partners;  

• parties to a business transfer; 

• third parties such as government agencies and law enforcement in response to valid legal process or other third parties as necessary to protect us, our affiliates, you, or others; and 

• other third parties as necessary to provide the services or products you requested or with your consent.  

How to exercise your rights 

Under the WMHMDA, subject to certain exceptions, you may have the right to access or delete consumer health data about you, or receive a list of third parties and affiliates with whom your consumer health data was shared.  You also may have the right, subject to certain exceptions, to withdraw consent relating to the use and sharing of your consumer health data. To exercise these rights, you may email us at privacy@welltower.com or submit a request through our online webform. We will use information you provide in your request to verify your identity, and we may request additional information if necessary to complete the verification process. 

If your request to exercise a right under the WMHMDA is denied, you may appeal that decision by contacting us as described below. If your appeal is unsuccessful, you can lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint. 

If you have questions about this Consumer Health Data Privacy Policy or would like to make a complaint to Welltower you can contact us at 877-670-0070, privacy@welltower.com, or write us at:  

Welltower OP LLC 

4500 Dorr Street 

Toledo, Ohio 43615-4040 

Attn: Data Privacy Officer 

Supplement to Consumer Health Data Privacy Policy for Nevada consumers 

This supplement applies only with respect to Nevada consumers and provides additional information required by Nevada’s consumer health privacy law.  

Requesting Changes to Consumer Health Data. You may request a change to your consumer health data by contacting us by email us at privacy@welltower.com. We will use information you provide in your request to verify your identity, and we may request additional information if necessary to complete the verification process. If your request to change your consumer health data is denied, you may appeal that decision by contacting us as described above. 

Third Party Collection of Consumer Health Data. Third parties do not collect consumer health data over time and across different websites or online services when you use Welltower’s websites.  

Changes to this Consumer Health Data Privacy Policy. We may modify or update this Consumer Health Data Privacy Policy from time to time. We encourage you to visit this Consumer Health Data Privacy Policy regularly to learn about any changes to the way we collect, use, or share your consumer health data. If we make a material change to this Consumer Health Data Privacy Policy, we will take reasonable steps to notify you as required by applicable law.