EFFECTIVE DATE: September 18, 2024

EXERGEN CORPORATION

MOBILE APPLICATION – PRIVACY POLICY

Table of Contents

1. Overview
2. What Information Do We Collect?
3. Cookies
4. How Do We Use Your Information?
5. What Information Do We Share or Disclose?
6. Your Rights Regarding Your Information
7. Additional Policies
8. Notice for Residents of European Economic Area, United Kingdom, or Switzerland

1. Overview

1.1 Purpose. Exergen Corporation (“Exergen”) takes individual privacy seriously.  We have designed this privacy policy (the “Policy”) to inform individuals who use our mobile application, Exergen FootScanner (the “App”), in conjunction with Exergen’s non-invasive thermometer and other temperature scanning products about how the App collects, uses, and shares Personal Information (as defined below) in connection with its services.  Exergen takes commercially reasonable steps to protect private information consistent with the guidelines set forth in this Policy and applicable federal and state laws.  As the manners in which the App obtains and uses Personal Information may change, we encourage you to return to and reread this Policy from time to time.  By accessing or using the App, you acknowledge that you have read, understand, and agree to be bound by this Policy.  You should not use the App if you do not agree to the terms of this Policy.

1.2 Terminology. For the purposes of this Policy, licensed healthcare practitioners who use the App in connection with their professional treatment of patients are referred to as “Professionals,” and individual customers who purchase their own Exergen products and use the App on their own (e.g., at home for their own care or the care of a family member) are referred to as “Customers.”  Professionals and Customers may collectively be referred to as “Users.”  Additionally, the terms “you” and “your” refer to any User from whom the App collects Personal Information, and the terms “we” and “us” refer to Exergen.

1.3 Consent. Importantly, if you are a Professional, you are solely responsible for obtaining the consent of any patient in your care prior to entering or submitting any personal or health information of the patient into the App.  As a Professional, you agree to obtain the consent in writing and in accordance with all applicable law, and to provide a copy of the consent to Exergen upon reasonable request.  Similarly, where a Customer uses the App in connection with the care of another individual (e.g., a family member) and enters or submits any personal or health information of the other individual into the App, the Customer represents that they have the authority or consent of the other individual to do so in accordance with all applicable law.  Exergen makes no representation whatsoever as to the level of any consent that a User must legally obtain in connection with this Section 1.3.  Each User indemnifies and holds harmless Exergen against any claim, damages, or harm of any kind that arises from or is related to the User entering or submitting the personal or health information of a patient or other individual into the App.

2. What Information Do We Collect? The App collects two types of “Personal Information” from you: (i) Individualized Information, and (ii) Device Information:

2.1 Individualized Information. We may collect certain Individualized Information from Users when they use the App including, but not limited to, by creating any account through the App, using the App in conjunction with any Exergen product, or otherwise engaging or interacting with Exergen.  Depending on the circumstances, this “Individualized Information” may include: a User’s first and last name, email address, telephone number, postal address, or work history or background; and the personal or health information of any individual on which a User uses an Exergen product, such as their temperature or general medical condition.  In the event that we obtain Individualized Information from other sources, we may add it to the Individualized Information that the App has already collected in order to improve our products, services, and the App.

2.2 Device Information. The App may collect certain web tracking information about the device or browser that you use to connect to and use the App.  Depending on the circumstances, this “Device Information” may include, but is not limited to: information about your browser (e.g., browser type, domain names, access times, and operating system); Internet protocol address (“IP address“); individual websites or products that you have viewed; websites or search terms that referred you to the App; how you interact with the App; or information about the cookies installed on your device.  As described in Section 3, the App may use cookies and navigational data like Uniform Resource Locators (“URLs”) to gather information regarding the dates and times on which you use the App and specific manner in which you use the App.

3.  Cookies.

3.1 In General. A cookie is a small file containing a string of characters that is sent to your device or browser when you use a mobile application.  When you use the mobile application again, the cookie allows it to recognize your device or browser.  Cookies also offer a form of convenience in that they may store preferences and other information and, in doing so, save you time by allowing a mobile application to identify preferences that you have displayed or selected in the past.  The App may use cookies for purposes including, but not limited to, maintaining and improving the App’s functionality, making the App more efficient to you, generally customizing the App to improve your experience, and offering advertisements through the App that are relevant to you.

3.2 How Can You Control Cookies? You have the right to decide whether to accept, block, or reject cookies.  You can generally select to accept, block, or reject cookies through your own device or browser controls.  You should visit your device settings or browser’s help menu for instructions on how to make this selection and additional device-specific and browser-specific information about cookies.  Exergen is not responsible for making this selection for you.  If you choose to reject cookies, you may still use the App, but your access to some functionality and areas of the App may be restricted.  For more information on how cookies work and how to control them, you may visit allaboutcookies.org.

4. How Do We Use Your Information?

4.1 Use of Personal Information. Exergen may use Personal Information collected through the App for a variety of purposes including, but not limited to: providing or communicating with you regarding our products and services; establishing and maintaining User accounts; providing User service; processing orders and transactions (including payments); verifying User information; detecting security incidents that may compromise the confidentiality of Personal Information in our possession; maintaining or improving the quality or safety of our products or services; or enforcing our legal rights or as required by applicable law or requested by any judicial process or government agency.

4.2 Use of Device Information. Exergen may use Device Information collected through the App for a variety of purposes including, but not limited to: helping us screen for and prevent potential risk and fraud (in particular, through any IP address we collect from you); diagnosing and mitigating any errors on the App; administering and optimizing the App; making our products and services more useful to you; generating analytics about how Users browse and interact with the App; assessing the success of any marketing or advertising campaigns; or storing User   Using Device Information for these purposes allows us to determine which features on the App Users like best and generally helps us improve the App and personalize each User’s experience.

4.3 Minimum Amount Necessary. Exergen will not use Personal Information collected through the App beyond the minimum amount and scope necessary to achieve the above purposes without first obtaining a User’s consent.

4.4 License to Use Your Content. Please note that by sending us messages or inquiries, uploading files, inputting data, or engaging in any other form of communication through the App, you are granting us a license to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner the content of any such message, inquiry, file, data, or communication.  This license is granted to us without restriction and without the requirement that we compensate you in any way.  We are under no obligation to maintain any such message, inquiry, file, data, or communication in confidence, or to provide you with any response or confirmation of receipt.

4.5 Aggregated Data. To the extent permitted under applicable law, we may also create statistical, de-identified, anonymized, or aggregated data (collectively, “Aggregated Data”) relating to our Users and the App to use for analytical, research, or any other legal purposes.  Aggregated Data includes data derived from Personal Information and data collected by Exergen from other sources that has been anonymized so that it does not relate to and could not reasonably be used to identify any individual.

4.6 Email Communications. If you provide us with your email address, we may in the future begin to send you administrative or promotional emails, including newsletters.  If you wish to opt out of newsletters and promotional emails, you may do so by following the “unsubscribe” instructions in the email.

5. What Information Do We Share or Disclose?

5.1 Disclosure of Personal Information. We generally will not share or disclose Personal Information collected through the App with any third-parties, except under the following circumstances:

5.1.1 When you have consented to us sharing or disclosing the Personal Information (including, in accordance with Section 1.3, where a patient or other individual besides the User is the subject of the Personal Information).

5.1.2 When the Personal Information is shared with or disclosed to a parent company, subsidiary, joint venture, or other entity under common control with us in order to achieve any of the purposes described in Section 4.

5.1.3 Subject to the terms of a confidentiality agreement, in connection with, and for the purposes of, a business deal (or negotiation of a business deal) involving the sale or transfer of all or a part of our business or assets. These deals may include any merger, financing, acquisition, or bankruptcy proceeding.

5.1.4 With a third-party contractor engaged to provide management, administrative, or support services on our behalf (a “Contractor”), which require the Contractor to have access to Personal Information. In this instance, we enter into an agreement with the Contractor limiting the Contractor’s use of the Personal Information to the minimum amount necessary to perform the services; requiring the Contractor to report any suspected or actual breach of security or other incident related to the Personal Information to us; and requiring the Contractor to adhere to the same level of privacy requirements that are required of us by all applicable law.  By accessing or using the App, you consent to our sharing your Personal Information with any Contractors and to the Contractors’ use of your Personal Information in accordance with all applicable law, this Policy, and the other terms and conditions applicable to the App.

5.1.5 To detect, prevent, or otherwise address security, fraud, or technical issues.

5.1.6 To ensure the personal safety of any individual, including our employees, Users, or members of the general public.

5.1.7 To the extent required to comply with legal obligations, processes, or requests; enforce our contracts and agreements (including this Policy); or protect or defend our legal rights.

5.2 Aggregated Data. To the extent permitted by applicable law, we may in our sole discretion disclose any Aggregated Data that does not contain Personal Information to any third-parties for any legal purpose.

5.3 Network Operators. Use of the App may involve the use of third-party devices, search engine operators, or telecommunications carriers.  These operators are not our Contractors, and any information that these operators collect in connection with your use of the App is not a part of our collected Personal Information and is not subject to this Policy.  We are not responsible for the acts or omissions of these operators.

6. Your Rights Regarding Your Information.

6.1 Privacy Settings / Right to Remove. If you would like your Personal Information to be permanently removed from our database, please contact us by email at [footscanner@exergen.com] or call [(617) 923-9900].  We may ask you to provide a copy of your driver’s license or other identifying documents to assist us in processing your request.  Exergen may still contact Users who have requested that their Personal Information be permanently removed for administrative purposes.  The removal of your Personal Information may take some time to complete, consistent with applicable law.  Please also note that the removal of any Personal Information will not necessarily result in the removal of records of past use of the App or transactions or the deletion of information stored in our data archives.  Aggregated Data is not subject to requests for removal.

6.2 Access / Updates. Exergen will, to the best of our ability and in accordance with applicable law, allow you to access, review, correct, or add to your Personal Information held in our database.  To make any such request, please contact us by email at [footscanner@exergen.com] or call [(617) 923-9900].

7. Additional Policies.

7.1 Security. To the extent required by applicable law, Exergen will utilize appropriate, commercially reasonable physical, electronic, and managerial procedures and security precautions to protect Personal Information.  However, no mobile application or Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur.  We are not responsible for the actions of hackers and other unauthorized third-parties that breach our reasonable security procedures.  This Policy is not intended to confer, nor does it confer, any rights or remedies to User.

7.2 Third-Party Activity. the App may contain links to other websites, cookies, or other materials from, or which may be operated by, third-party entities.  The information practices and privacy policies of these third-party entities may be different than those of Exergen.  We are not responsible for any actions or omissions by any such third-party entities.  This Policy applies only to Personal Information collected by Exergen.

7.3 Data Retention. Unless you ask us to delete your Personal Information sooner, we will maintain it until such time that we determine, in our sole discretion, that (1) it is no longer necessary for any purpose for which Exergen may use it in accordance with this Policy; and (2) it may be destroyed or deleted in accordance with applicable law.

7.4 Do Not Track. The App does not respond to Do Not Track (DNT) signals or requests.  DNT is a browser setting that informs a website that you do not want to be tracked.

7.5 Amendments. Exergen will review this Policy from time to time and may modify or amend it as necessary to comply with applicable law.  We may also update the Policy to reflect changes to our practices or for other operational reasons.  If we make any material changes to how Personal Information is collected, used, disclosed, or transferred, we will notify you of these changes by modifying the version of this Policy that is available for your review on the App.  Accordingly, we encourage you to review this Policy from time to time.  Notwithstanding any modifications we may make, all Personal Information will be treated in accordance with the version of the Policy that is/was in effect at the time the Personal Information was collected, unless we obtain your consent otherwise.

7.6 Accessibility. Any person with a disability that prevents or restricts them from accessing this Policy through Exergen’s website may request a copy in an alternative format by contacting us by email at [footscanner@exergen.com] or calling [(617) 923-9900].

7.7 Children. The Children’s Online Privacy Protection Act imposes certain requirements on mobile application operators that have actual knowledge that they collect Personal Information from children under 13 years of age.  Exergen does not knowingly collect or maintain Personal Information about Users under 13 years of age, and no part of the App is directed at persons under 13.  If you are under 13 years of age, please do not use the App.  If Exergen learns that Personal Information about Users under the age of 13 has been collected without verifiable parental consent, Exergen will delete the Personal Information.

7.8 Users from Outside the United States. Exergen and the App’s servers are located and operate in the United States, subject to the applicable state and federal laws of the United States.  Those who choose to access the App do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations.  We may limit the App’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.  We do not represent or warrant that the App, or any part thereof, is appropriate or available for use in any other jurisdiction.  If you choose to access or use the App, you consent to the use and disclosure of information in accordance with this Policy and subject to all applicable laws.

7.9 Contact. In the event you have any questions for us, wish to submit a complaint about how we have processed any Personal Information, or would like to contact us for any other reasons, please email [footscanner@exergen.com] or call [(617) 923-9900].  We will deal with any complaints or requests as soon as possible, and without prejudice to you.  In the event that you submit a complaint to us, you may of course also file any complaint with a relevant government agency in the state or jurisdiction in which you live or work.

8. Notice for Residents of European Economic Area, United Kingdom, or Switzerland.

8.1 No Marketing to Such Residents. We do not market the App to residents of Europe, the United Kingdom (UK), or Switzerland, and are not subject to Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of Personal Information and free movement of Personal Information, known as the General Data Protection Regulation (“GDPR”).  If you reside in the European Economic Area (“EEA”), UK, or Switzerland, please be aware that if you voluntarily enter or submit any Personal Information into the App, that Personal Information will be transferred from your location to data centers located in the United States for processing, and this transfer will be deemed to have been made with your consent.

8.2 Rights Honored. Although we are not subject to the GDPR, we will generally make commercially reasonable efforts to honor your data privacy rights upon request, subject to certain limitations.  If you reside in the EEA, UK, or Switzerland, you have the rights, as applicable under the GDPR, to:

8.2.1. Request an accounting of Personal Information that we possess that pertains to you in an electronically portable format.

8.2.2. Request that we correct or update Personal Information that pertains to you.

8.2.3. Request that we delete Personal Information that pertains to you.

8.2.4. Fully or partially withdraw your consent to the collection, processing, and/or transfer of your Personal Information.

8.3 Requests and Complaints. To request an accounting of your Personal Information, a correction or update to your Personal Information, deletion of your Personal Information, or to withdraw your consent to the collection, processing, and/or transfer of your Personal Information, please contact us by email at [footscanner@exergen.com] or call [(617) 923-9900].  Once we receive your request, we will no longer process your Personal Information for the above purposes unless there are legitimate grounds for further processing which override your interests, rights, and freedoms, or unless we do so for the establishment, exercise, or defense of legal claims.  If you believe we are unlawfully possessing your Personal Information, you have the right to complain to your local data protection supervisory authority.  You can find contact details here: https://edpb.europa.eu/about-edpb/board/members_en.