AgaMatrix Diabetes Manager Privacy Policy

Last modified: October 2021

Introduction

AgaMatrix, Inc, (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

• The types of information we may collect or that you may provide when you download and register the AgaMatrix Diabetes Manager (the “App”).
• Our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies only to information we collect in this App. This policy DOES NOT apply to information that:

• We collect offline or on any other Company apps or websites, including websites you may access through this App.
• You provide to, or which is collected by, any third party.

Our websites and Apps and these third parties have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download and register with this App. By downloading, registering, and agreeing with the terms in this document, you agree to this privacy policy. This policy may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. Additionally, we will send you an in App notification when the Privacy Policy is updated.

Children Under the Age of 13

The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@agamatrix.com.

Information We Collect and How We Collect It

We collect information from and about users of the App:

• Directly from you when you provide it to us.
• Automatically when you use the App.

Information You Provide to Us

When you download and register with this App, we may ask you provide information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number (“personal information”).
• That is about you but individually does not identify you, such as, sex, height, weight that you add to this App.

This information includes:

• Information that you provide by filling in forms in the App. This includes information provided at the time of registering for an account on the App. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.
• Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Any data inputted in regular use of the App. This includes glucose, insulin, carbohydrate data, any notes associated with those inputs, glucose ranges, as well as non-personally identifiable information such as height, weight, diabetes type, birth year, sex.

Information We Automatically Collect

As you use the AgaMatrix apps, we may use technologies that automatically collects and analyzes non-personally identifiable information, including but not limited to: type of device, operating system, time zone, birth decade, sex, language of your device, and location (country and city) where you are accessing the App. We do not believe that this is personal information from which you may be identified. We aggregate this information and use it to help us maintain and improve our products and make them more accessible and useful. We do not share such information with third parties or combine any such information with personally identifiable information. We collect this data via Upland Localytics, a third party tool. This service does not collect your name or any other identifying information. Upland Localytics’ use of the information it collects about your App usage is restricted by the Upland Privacy Policy.

Personal Information

Personal information is information we collect through this App that we can use to specifically identify you, such as your:

• Name
• E-mail address
• Meter serial number
• Date of birth

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with the App and its contents, and any other information, products or services that you request from us.
• Fulfill any other purpose for which you provide it.
• Notify you when critical App updates or product recalls are available. You consent to us notifying you in these circumstances.
• Personalize your experience.
• Improve our products.
• Anonymize and view health information that you add to the App. This includes meter type, glucose, insulin, carbohydrate, weight and height values; sex, birth year, and any tags and notes you associate with that information. This information may also include device type, operating system, language of that device, city and country. We do not believe that this information is personally identifiable.

The usage information we collect helps us to improve the App and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the App according to your individual interests.
• Recognize you when you use the App.

If you check the “promotions” box upon sign up, we may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. You may withdraw your consent to the use of your information in this way at any time in the future.

Disclosure of Your Information

We may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, restructuring, reorganization, dissolution or other sale or transfer of some or all of AgaMatrix’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by AgaMatrix about the App users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the App EULA.
• If we reasonably believe disclosure is necessary or appropriate to protect the rights, property, or safety of AgaMatrix, our customers or others.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

You may also send us an e-mail at privacy@agamatrix.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of the App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@agamatrix.com.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. When you are logged in to an account with us, all information you provide to us is stored on our secure servers behind firewalls. All information transmitted to our secure servers is encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, there will be an in App notification the first time you use the App after we make the change.

The date the privacy policy was last revised is identified at the top of the page.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: privacy@agamatrix.com.