Privacy Policy

INTRODUCTION

Visby Medical, Inc. (“Visby,” “we,” “our,” or “us”) is committed to protecting your privacy through our compliance with this Privacy Policy (“Policy”).

This Policy describes our practices for collecting, using, maintaining, protecting, and disclosing your information through our mobile application and any related software and platforms, (collectively, the “Service” or “Services”). “You” or “User” refers to anyone who accesses or uses the Service, such as employees, attendees, and participants (“Participants”) in conjunction with attending locations, activities, or events operated by our business and organizational customers (“Organizers”).

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 this Policy or our Terms of Use, your choice is not to use our Services. By accessing or using this Service, you agree to this Privacy Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Last Modified Date at the top of this Policy, to ensure that you are viewing the most current version of this Policy.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from you and about Participants in our Services, such as your email address when you sign up for a test and/or register for an event. Other types of information we collect is information related to how you use our platform, which helps us maintain and improve our Services.

Information You Provide to Us

The categories of information we collect are:

• Personal Information: In the course of using our Services, we collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information we collect for these purposes include your government identification, your first and last name, email address and phone number. We will generate a random number to associate your Personal Information with the sample you provide. Once you provide your sample, our COVID-19 will analyze your sample and we will store your test results.
• Organizer Information: Organizers who register on our Service, we collect contact information of the organization and/or individual representative of the Organizer and event information, as applicable.

Information Collected Automatically

As you navigate through and interact with our Services, We and our third-party service providers, including analytics and third-party content providers, may automatically collect certain information from you whenever you access or interact with the Service.

• Usage Information. Details of your visits to our Service, including which links you clicked on, location data, logs, and other similar communication data and statistics about your interactions.
• Device Information. Information about your mobile device and internet connection, including your Internet Protocol address, operating system, and browser type.

We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, analytics, and site functionality.

Cookies and Other Automatic Data Collection Technologies

Visby and its partners use cookies or similar technologies, which store certain information on your computer and allows us to, among other things, analyze trends, administer the Services, and to gather demographic information about our user base as a whole. The technology used to collect information automatically from Visby Users may include the following:

• Cookies: Like many apps, we and our operational partners, affiliates, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the Visby Terms of Use) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how Visby Users interact with the Service and to monitor aggregate usage by Visby Users and web traffic routing on the Service). You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functionality of the Service.
• Web Beacons: We and our operational partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how Visby Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
• Embedded Scripts: We and our operational partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.

HIPAA

Under the Health Insurance Portability and Accountability Act of 1996 (“HIPPA”) covered entities (e.g., health plans, health care providers) and their business associates (a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of a covered entity) must implement additional safeguards and assurances when using and disclosing certain protected health information.

Visby is neither a covered entity nor does Visby process protected electronic health information on behalf of a covered entity. Therefore, Visby is not subject to HIPAA. Nonetheless, Visby values the safety and security of our users and their personal information.

Please see the SECURITY section, below, for more information on we protect Personal Information.

HOW WE USE YOUR INFORMATION

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

• To deliver and provide our Service.
• To fulfill or perform a contract with an Organizer.
• To improve our Services.
• To address your customer service inquiries.
• To administer and develop our business relationship with Organizers and, if applicable, the corporation or other legal entity you represent.
• To comply with legal requirements and assist law enforcement.
• To investigate fraud and to enforce our Terms of Use.
• To protect the property rights of Visby or a third party.
• To protect the safety of the public or any person.
• To stop any activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or a legally actionable activity.
• To identify Visby users.
• For the purposes disclosed at the time you provide your information, and
• As otherwise permitted with your consent.

HOW WE DISCLOSE AND SHARE YOUR INFORMATION

Except as provided in this Privacy Policy, Visby will not disclose or sell your Personal Information to any third party without your consent. As such, we disclose your personal information as follows:

• Participants: We will disclose Personal Information and health results of participants only with the Organizer for the applicable event or function.
• We may also Personal Information:
  • With our service providers and network partners: We employ third party companies and individuals to provide Services on our behalf, to perform Service-related operations (e.g., without limitation, maintenance services, database management, web analytics, payment processing, fraud detection and improvement of Visby’s features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
  • For corporate transactions: Visby may share information, including Personal Information, with any current or future subsidiaries or affiliates, primarily for business and operational purposes. We may sell, transfer, or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy.
  • When required by law: Visby will share information with government agencies as required by law in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), or, at the request of governmental authorities or other third parties conducting an investigation where we determine in our sole discretion the disclosure is necessary to (a) protect the property and rights of Visby or a third party, (b) protect the safety of the public or any person, or (c) prevent or stop activity we may consider to be, or pose a risk of being, illegal, fraudulent, unethical or legally actionable activity.
  • With your Consent: You may submit Personal Information to us through a form on the Service and consent for us to disclose your Personal Information and receive communication from us or our business affiliates and non-affiliates based on the information in the form.

YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION

• Organizers: Please email privacy@visby.com in order to close your account.
• Participants: Please contact the relevant Organizer to assert any requests or rights over your Personal Information. If you contact Visby, we will refer to the appropriate Organizer in order to substantively respond to any request.

CHILDREN’S PRIVACY

The Service is general audience and intended for Participants and Organizers 18 and older. We do not knowingly collect Personal Information from anyone younger than age 13. If you believe we have collected a child Participant’s information inappropriately, please contact the relevant Organizer.

INTERNATIONAL JURISDICTIONS

Our Services are hosted and offered in the United States of America (US), and are subject to US federal, state, and local law. Please be advised that your Personal Information will be stored in the US, and you consent to the processing and storage of your Personal Information in accordance with this Privacy Policy.

SECURITY

We use physical, technical and organizational measures designed to protect your information against unauthorized access, theft and loss. We restrict access to your Personal Information to those employees who need to know that information to service your account or perform their job functions.

Although we take precautions intended to help protect information that we process, no system or electronic data transmission is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate security measures to protect your Personal Information.

You are responsible for maintaining the security of your account and the information in your account. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security.

DATA RETENTION

We will retain Personal Information we collect about Participants on behalf of an Organizer for as long as necessary to provide our Services to the Organizer, and will maintain any such information controlled by an Organizer in accordance with the Organizer’s instructions and as required by applicable law.

We may retain Personal Information if there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them).

CHANGES TO THIS POLICY

Visby may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will notify you in accordance with law.

HOW TO CONTACT VISBY

If you have any questions about this Privacy Policy, please contact us at privacy@visby.com

Last Modified: June 17, 2021