SIBIONICS PRIVACY POLICY

SIBIONICS PRIVACY POLICY

Effective Date: [●] [December 2023]

Your privacy is important to us. We respect your privacy when handling your personal information.

This Privacy Policy (“ Privacy Policy ”) describes the types of personal information we collect about you, what we do with it, how we disclose it and your rights when you use our products and services related to the Sibionics Continuous Glucose Monitoring System (“ CGM ”), including our website https://www.sibionicscgm.com (“ Website ”) and our mobile application (“ APP ”) and other related sites and software (together, " Sibionics Services ") controlled by SiBio Technology Limited (referred to as " Sibionics " or " we ” or “ us ”, including its subsidiaries and affiliates).

Your use of the Sibionics Services is subject to this Privacy Policy and the End User License Agreement and Terms of Use . This Privacy Policy does not apply to personal information collected from you for other Sibionics products and services, or to any other third-party application(s) and plug-in(s) linked in the Sibionics Services.

Please read this Privacy Policy carefully before using Sibionics Services or submitting your personal information to us.

For persons located in the European Union: The EU General Data Protection Regulation (“ GDPR ”) is in force from 25 May 2018. The GDPR amends and updates the rights you have in relation to your personal information, and what companies that process your personal information are permitted and required to do.

Topics:

What is "personal information"?
What types of personal information do we collect? How do we collect your personal information?
Do we collect "sensitive" personal information?
How will we use your personal information?
Do we share personal information with third parties?
What rights do you have about your personal information?
How do we store your personal information?
How do we ensure security of your personal information?
How do we protect personal information of minors?
Changes to our Privacy Policy
How to contact us?

What is "personal information"?

"Personal information" means any information that identifies you or could reasonably be used to identify you when that information is combined with other data.

What types of personal information do we collect? How do we collect your personal information?

Information that you provide to us:
Personal information you may provide to us while using the Website

As you evaluate whether our Sibionics Services is the right health performance technology for you, we may collect and process personal information about yourself, including your name, telephone number, and email address by completing forms on our Website. On our Website, we will also collect financial data such as payment card details and bank account numbers in order to process transactions for certain services. You may also need to provide us with your mailing address information so we can ship our products to you.

We may host trial programs and other promotion activities on the Website from time to time. You may provide us with your personal information such as your age, gender, health conditions, diabetes therapy, email address and mailing address information, etc as well as your experience and feedbacks on our Sibionics Services in order to participate in the program. We will inform you about how we process your personal information in connection with specific programs and seek your separate consent.

You may submit your email address to us to subscribe for email updates about our products and services and promotion activities. You may also provide us with personal information about yourself when you report a problem or have a question about our Sibionics Services.

Personal information you may provide to us while using the APP

Certain information is required when creating an account for the use of our Sibionics Services on the APP, such as your name, email address and password.

In addition, in order to improve your experience of our Sibionics Services on the APP, you may choose to provide additional information such as your gender, birth date, height, weight, country location, language, race, fitness level, sporting activities, eating habits, historical biometric data, other fitness information, type of diabetes and target glucose level range.
Information we collect, generate or process about you : We collect, generate and process data from sensors, including data on your glucose values and targets.
Information we collect automatically about you : We may automatically collect certain information from you when you use our Website and APP. This information does not reveal your specific identity but may include your browser type and internet service provider. When you use our APP, we automatically collect and store information in service logs. This includes your device model, Mac address, wifi address, device IDs, operating system, software version, device status, network conditions, logs, IP address and location. We may also collect information about your interaction with the Sibionics Services, such as details relating to your account registration and log-in records to our Website, or details on your use or interaction with the Sibionics Services on the APP. Such information is primarily needed to maintain the security and operation of the Sibionics Services, and for our internal analytics and reporting purposes.
Information we receive from third parties : In order to provide you with the Sibionics Services, we may also obtain information about you from affiliated companies, business partners and third parties, with your prior consent.

You may choose not to provide us with certain information, but please take note that you may not be able to use the Sibionics Services (in full or in part) if you do not provide certain information.

In order to protect your privacy, you should not provide Sibionics with any information that is not specifically requested or required for the purposes of or in relation to the Sibionics Services.

Do we collect "sensitive" personal information?

You may choose to provide us with personal information, such as height, weight, race, fitness level, sporting activities, eating habits, historical biometric data, other fitness information, type of diabetes and target glucose level range, which may be designated as a “special category of personal data” or "sensitive" under data privacy laws in certain jurisdictions.

How will we use your personal information?

Your personal information may be collected, stored, processed or otherwise used by us for the following purposes:

to offer our Sibionics Services to you, and to deliver our products to you;
to manage our products and services and your use of our products and services, specifically the Sibionics Services (including to provide your blood glucose curve and monitoring and/or provide you with analytical information about your health performance through the use of our APP with your authorisation);
to provide software updates, maintenance services and support for our products and services, specifically the Sibionics Services;
to facilitate your Sibionics Services account registration, log-in process and manage your Sibionics Services account;
to contact you in relation to our products and services, specifically the Sibionics Services. For example, where our products and services have changed, if there are any issues or problems with such products and services, or to request for your feedback in relation to the Sibionics Services;
to protect against and prevent fraud, and other legal or information security risks;
to keep our products and services secure, adaptable and usable, and prevent crime and fraud;
to consider any complaints or questions that you raise;
to improve or personalise our products and services or develop new ones;
to conduct market research in relation to our products and services;
to facilitate internal purposes such as auditing, data analysis, and research to improve our products, services, user experience and customer communications;
to comply with our legal and regulatory obligations under all relevant laws and to exercise or defend our legal rights; and
to send you marketing communications or information about our products and services, to help make that information more relevant to you, to invite you to participate in surveys about our products and services, or to notify you about special promotions. We may require your consent for some of this marketing activity. In such cases where consent is required, we will only conduct the marketing activity if we have obtained your consent. If you have agreed to receive marketing materials, you may always opt out at a later date. You have the right at any time to stop us from contacting you for marketing purposes or sharing your data with other members of the Sibionics group of companies for marketing purposes. You can opt out of such email/text subscription at any time via the unsubscribe link contained at the end of the emails/text or by sending an e-mail to support@sibionics.com.

We are allowed to process your personal information because one or more of the following apply:

the processing is necessary so that we can provide you with our products and services, including the Sibionics Services;
there are legal and regulatory obligations that we have to discharge;
we may need to use your personal information in order to establish, exercise or defend our legal rights or for the purposes of legal proceedings;
the use of your personal information as described is necessary for our legitimate business interests, such as:
- conducting market research in relation to our products and services, whereby legally permissible;
- improving the products and services that we provide;
- making our communications or the content that we provide to you more relevant to you;
- minimising our risks, for example, in relation to credit or fraud; and
- developing our training process and systems;
you have given your consent to certain types of processing, for instance to receive marketing messages from us or from third parties or to check eligibility to participate in one of our programs.

Do we share personal information with third parties?

We respect your privacy and are committed to protecting your personal information. We may disclose your personal information within the Sibionics group in one or more of the circumstances described below:

to help us provide our products and services;
where we market products and services provided by different Sibionics companies; and
for the purposes for which we have collected your personal information or a directly related purpose.

For the data sharing mentioned above, we take steps to ensure that the personal information is accessed only by employees of such affiliates that have a need to do so for the purposes described in this Privacy Policy.

We may share your personal information outside of the Sibionics group in the following manner.

We may share your personal information with third parties with whom Sibionics jointly markets a product or service or jointly conducts a programme or activity. It is Sibionics' practice to notify you if you are registering for a programme which is conducted in conjunction with another company that may require access to your personal information.
We may share your personal information with third party vendors, agents or contractors with whom Sibionics contracts to carry out business activities for Sibionics. If Sibionics provides your personal information to such party to assist us with our business activities, it is Sibionics's practice to require those third parties to keep your personal information confidential and to use your personal information only for the purposes of performing functions for Sibionics.
If you agree, we may share your personal information with our partner companies so that they may offer you their products and services.
In the event that we sell any of our business or assets, we may disclose your personal information to the prospective buyer for due diligence purposes and on completion of the sale.
We may share your personal information with specific third party(ies) for any other purposes you have consented to or where you have given us instructions to do the same (including the sharing of your glucose information to such specified third party as part of the “remote monitoring” function on the APP if you so elect).
We may share your personal information with third parties for the purposes of detecting, preventing, or otherwise addressing fraud, security or technical issues, protecting against harm to the rights, property or safety of our users or the public.
We may share your personal information to professional service providers such as our lawyers and auditors.
We reserve the right to disclose your personal information to respond to authorized information requests from government authorities, to address national security situations, or as otherwise required by law.

As a result of the data sharing to our affiliates and third parties, your personal information may be transferred to locations outside of the locations in which you reside (including locations outside the UK or the EU/EEA). Where we transfer your personal information outside the UK or the EU/EEA, we will ensure that it is protected and transferred in a manner consistent with legal requirements applicable to the information. This can be done in a number of different ways, for instance:

the country to which we send the personal information may be approved by the European Commission;
the recipient may have signed a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal information; or
we may have implemented other appropriate safeguards or can rely on derogations in accordance with applicable data protection laws, including the GDPR.

In all cases, however, any transfer of your personal information will be compliant with applicable data protection law.

You can obtain more details of the protection given to your personal information when it is transferred outside the UK or the EU/EEA (including a sample copy of the model contractual clauses) by contacting us using the details set out below.

We do not sell or otherwise disclose your personal information to third parties for our commercial benefit.

What rights do you have about your personal information?

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to obtain confirmation that we process personal information about you and to request us for a copy of your personal information.
The right to withdraw consent – You may withdraw your consent to our processing of your personal information at any time. Please note, however, that we may still be entitled to process your information if we have another lawful ground (other than consent) to do so.
The right to restrict processing – You may always limit the amount and type of personal information that Sibionics receives about you by choosing not to enter any personal information into forms or data fields on Sibionics Services. You may also request that we restrict our processing of your personal information in certain circumstances. Please note that some of our services can only be provided to you if you provide us with the relevant personal information.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete information you believe is incomplete.
The right to erasure – You may request that we erase your personal information, under certain conditions. Please note that there may be circumstances where you ask us to erase your personal information, but we are legally entitled or obliged to retain it.
The right to object to processing – You have the right to object to our processing of your personal information, under certain conditions. However, we may still be legally entitled or obliged to continue processing your personal information or deny your request.
The right to data portability – You have the right to request to receive personal information that you have provided to us in a structured, commonly used and machine-readable format and/or request that we transmit this information to another organisation where this is technically feasible under certain conditions.

You can exercise your rights by contacting us by way of the means as set out below under the section “How to contact us?”. If you make any such request, we will usually respond to you within one month.

We endeavour to resolve any privacy concerns you may have together with you. Should you wish to report a complaint or if you feel that we have not addressed your concern in a satisfactory manner, you may lodge a complaint with a supervisory authority. Contact details for all European Union supervisory authorities can be found here: https://edpb.europa.eu/about-edpb/board/members_en .

How do we store your personal information?

We securely store your data on Amazon Web Service, which is based in Germany.

We will retain your personal information only for as long as is necessary for the purposes as set out in this Privacy Policy according to applicable laws.

How do we ensure security of your personal information?

It is our practice to ensure security of the Sibionics Services where we collect your personal information; however, please understand that there cannot be 100% security guaranteed over personal information transmitted over the Internet. We urge you to exercise caution when transmitting personal information to us over the Internet, especially personal information related to your health. We cannot guarantee that unauthorized third parties will not gain access to your personal information; therefore, when providing personal information to Sibionics and under the Sibionics Services, you must weigh both the benefits and the risks. However, if we learn of any data or security system breach, we will act in accordance with applicable laws.

The Sibionics Services may contain links to other websites. This Privacy Policy applies only to the Sibionics Services, so if you click on any link(s) to other website(s), you should read their privacy policy and carefully consider their data practices before providing your personal information. The Sibionics Services will display a warning whenever you visit a linked website on the Sibionics Services that is not controlled by Sibionics or subject to this Privacy Policy.

How do we protect personal information of minors?

We attach great importance to the protection of personal information of minors. We do not collect or use any personal information from minors (we define "minors" as younger than 18) on the Sibionics Services. We do not allow minors to order our products, communicate with us, or use any of our Sibionics Services.

If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue.

Changes to our Privacy Policy

It is important that you check back often for updates to this Privacy Policy. The latest version of the Privacy Policy will always be made available on the APP (under the “Profile” tab > “Settings” > “About Us” > “Privacy Policy”) and on our Website. Without prejudice to your rights under applicable law, we reserve the right to amend this Privacy Policy without prior notice to reflect changes in how we collect and use your personal information based on technological advancements, legal and regulatory changes and good business practices.

When there are changes to our privacy practices, we will reflect such changes in this Privacy Policy and update the effective date above. We will notify you about changes by way of push notification, pop-up notice or other means accordingly to applicable local laws.

How to contact us?

If you have any questions about this Privacy Policy, the data we hold about you, if you would like to delete, amend or correct your personal information or would otherwise like to reach out, please do not hesitate to contact us.

Email us at: support@sibionics.com