Pivot Insulin Delivery System Website Privacy Policy

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Introduction

Modular Medical, Inc. (“Modular Medical,” “we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy describes the types of information we collect from patients, caregivers, and health care providers who use the Pivot™ Insulin Delivery System (“Pivot”). Visit our website or interact with our services.

IMPORTANT NOTICE:

Services are hosted in the United States and intended ONLY for visitors over the age of 18 and located within the United States.

If you are from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the U.S. for storage, use, and processing. By providing us any information, including your Personal Information (as defined below), you consent to such transfer, storage, and processing. We comply with this online privacy policy in accordance with its terms and expressly disclaim all other legal obligations that may exist outside of the United States.

If you are a resident of California or Washington State, some exemptions from full compliance apply to us, whether under the California Consumer Privacy Act (“CCPA”), as well as the Washington My Health My Data Act (“WMHMDA”), and other applicable consumer health privacy laws based on our size and uses of consumer data (as further described in the Section titled: “Your State-Specific Privacy Rights”. We do not and will not sell your Personal Information.

To the extent that applicable law governs us and the requirements apply to us, the exemptions applying include that Modular Medical is not required to:

· publish a Personal Information privacy policy specifically compliant to WMHMDA or California state requirements that do not govern Modular Medical

· obtain opt-in consent before collecting Personal Information (although you will have the opportunity opt-out of certain collection activities upon first access to the Site)

· obtain separate authorization before sharing Personal Information with third parties

· to honor every consumer rights request to access, delete, and/or withdraw your consent

Our practices are designed to ensure your Personal Information (as defined below) is processed responsibly, transparently, and in accordance with your rights from which Modular Medical is not exempted from extending. If you do not want your Personal Information used in a manner that meets an exemption, please opt out and you will not be given access the Site.

Please review our Terms of Use before fully accessing the Site.

Definitions:

“Personal Information” means any information linked or reasonably linkable to an individual that reveals or could reveal something about that person's physical or mental health — including conditions, diagnoses, treatments, medications, reproductive health, genetic makeup, biometric characteristics, and bodily functions — as well as location data, data collected through you use of Pivot or related services, information used to provide, measure, or improve health-related services, or behavioral data from which health status could be inferred, even if the information was not originally collected for a health purpose.

Information We Collect

We may collect the following categories of information:

We collect information relating to you when you use the Modular Medical Website, interact with us through your interaction with the Modular Medical Website, and from other parties. Personal Information we may collect about you includes:

· Account Information: If/when you create an account with us, we may collect information associated with your account, including your name, contact information, and account credentials.

· Communication Information: If you communicate with us, we may collect information such as your name, contact information, and the contents of any messages you send.

· Technical Information: We, or our third-party providers, may also collect device identifiers, IP Addresses, http referrer fields, and other information about your computer or device and your usage of the Modular Medical Website. We may also collect information that is sent to us automatically by your web browser. We automatically receive information about your interactions with the Modular Medical Website, such as the pages or other content you view and the dates and times of your visits. We may also collect general location information (e.g. inferred from an IP address).

· Other Information: We collect other information that you may provide to us, such as when you participate in our events, trials, or surveys or provide us with information to establish your identity.

· Information from Cookies and Similar Technologies:

     · Session Cookies: Modular Medical may use session cookies and persistent cookies for the purposes identified in this Privacy Policy, including to make interactions with us easy and meaningful. Session cookies exist during one session. They are engineered to disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. As we adopt additional technologies, we may also gather additional information through other methods.

     ·Disabling Cookies and Similar Technologies: Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable your web browser’s ability to accept cookies, you may be unable to access some or all functionalities of the Modular Medical Site.

     ·Cookies in Emails: We or our third-party vendors also may use certain of these technologies in emails to our customers or other email recipients to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

· Analytics: We may use a variety of online analytics products that use cookies and other tracking technologies for the purposes described in this Privacy Policy, including to help us analyze how users use the Modular Medical Site and so we might enhance your experience when you use the Modular Medical Site.

Personal Information You Provide Directly to Us

· Name, contact information, and account details

· Health related inquiries or communications

· Device usage information submitted through customer support or product registration

· Information provided to participate in interactive features or request product updates

Information Our Systems Collect Automatically

· Device identifiers and technical data

· Browsing activity, analytics, and log information

· Information that may be linked to your health status or device usage

We limit data collection to what is necessary to provide the Pivot device, related information, and to support your experience as well as comply with legal obligations.

Purpose of Collecting Data for Online Analytics:

We may use third-party website analytics services on the Site, such as those of Google Analytics. These vendors use the sort of technology described in the “Personal information we collect” section above to help us analyze how users use the Site, including by noting the third-party website from which you arrive. The information collected by such technology will be disclosed to or collected directly by these vendors, who use the information to evaluate your use of the Site. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for web analytics, you may install the Google Analytics Opt-Out Browser Add-on.

We may also allow third-party networks to place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Site in order to (a) inform, optimize, and serve marketing or other promotional content based on past visits to our website and other online services and (b) report how our marketing content impressions and interactions with these marketing impressions are related to visits to our online services. We also allow other unaffiliated parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored marketing to you and to access their own cookies or other

tracking technologies on your computer, mobile phone, or other device you use to access the Site. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may disclose to a vendor in hashed, non-human-readable form.

Automated Decision-Making:

We process Personal Information using both manual and automated methods of processing. Automated methods are often used to assist our manual methods in accordance with applicable laws. Where an individual’s rights and legitimate interests may be impacted by such automated decision-making, we provide the impacted individual the opportunity to inquire about the decision or in limited instances honoring a request for Modular Medical to conduct a manual review. Manual reviews may be conducted by Modular Medical personnel or trusted third-party business partners working on our behalf.

How Information Is Used

We use the information we collect, including Personal Information, to:

· Present information about Pivot and its features

· Assist you with using Pivot, including troubleshooting and customer support

· Provide information, products, or services you request

· Fulfill the purpose for which you provided the information

· Manage your account and deliver product updates or safety notifications

· Improve Pivot, our website, and related services

· Notify you about changes to Pivot or our services

· Allow you to participate in interactive features

· Carry out obligations and enforce rights arising from contracts between you and us

· Conduct research or product improvement activities with your consent

· To provide, administer, maintain and/or analyze Site or other services we may provide;

· To develop new programs, products, models, and services;

· To process transactions;

· To prevent fraud, criminal activity, or misuse of the Site, and to protect the security of our IT systems, architecture, and networks;

· To comply with legal obligations and legal process; and

· To protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.

· Any other purpose disclosed when you provide the information

· Any purpose for which you provide consent

We do not use Personal Information for targeted advertising or unrelated commercial purposes. We do not sell Personal Information.

Disclosure of Your Information

We may use and disclose aggregated or deidentified information without restriction.

We May Further Disclose Your Personal Information for the Following Reasons and Uses:

· In order to support our business operations (e.g., to subsidiaries, affiliates, representatives, and trusted service providers who assist with website operations, device support, analytics, or customer service)

· To share with our affiliates, auditors, attorneys, or other authorized representatives

· To share with third parties who are contractually obligated to protect your Personal Information and use it only for permitted purposes as outlined in this privacy policy.

· For any purpose you authorize, including research involving identifiable data

· For any purpose you authorize, including research involving identifiable data.

· To share with third-party vendors that provide services to us, such as third-party hosting providers

· To identify and engage thought leaders, clinical, scientific, medical or other external experts

· For the performance of or to enforce our Terms of Use or other agreements (e.g., consulting agreements; speaker agreements)

· To protect the rights, property, or safety of Modular Medical, our customers, or others, including fraud prevention

· To facilitate recruitment activities, such as processing employment applications, evaluating a job candidate for an employment activity, negotiating employment contracts, and monitoring recruitment statistics

· To conduct other legitimate business activities, as allowed by applicable law

· To protect or defend the rights, safety, or property of Modular Medical, our agents, representatives, contractors, affiliates, employees, users and/or the public, including to defend or enforce our Privacy Policy or any other contractual arrangement if we believe in good faith that doing so is necessary or appropriate

· If we believe in good faith that doing so is necessary or appropriate to comply with any law enforcement, legal, or regulatory process, such as to respond to a warrant, subpoena, court order, or other applicable laws and regulations

· In connection with or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company

· We may combine the Personal Information we collect about you online with the personal information we collect about you from our offline interactions with you (for example, our interactions by telephone or in person). We may also combine any of the information we collect about you with information we lawfully obtain from other sources, such as public records or websites, or other third parties (e.g., health care professionals, patient groups, government agencies). If necessary, we will endeavor to gain your consent or provide an opportunity for you to opt out of this type of activity, or you can opt out by going here dataprivacy@modular-medical.com.

Your Choices and Control

There are ways for you to limit our right to access your Personal Information, and/or correct your health data by contacting us at dataprivacy@modular-medical.com .

We Provide Mechanisms to Help you Control your Personal Information:

Cookies and Tracking Technologies

You may set your browser to refuse cookies or alert you when cookies are being used. Disabling cookies may affect site functionality.

Marketing Communications

You may opt out of promotional emails by:

· Adjusting your account preferences in your privacy settings on your device

· Using the “unsubscribe” link in our emails · Contacting us at dataprivacy@modular-medical.com

Notice: You cannot opt out of transactional communications (e.g., safety notices, device updates).

SMS/MMS Text Messaging Program

If you opt into our mobile messaging program:

· Message frequency may vary

· You may opt out at any time by replying “STOP”

· Mobile information will not be shared or sold for marketing purposes

Security Measures

We use industry-standard security technologies and procedures to protect your information from unauthorized access, loss, or misuse. Our safeguards include encryption, secure servers, and regular security reviews.

Accessing, Correcting, or Deleting Your Information (applicable to all U.S. States)

You may request to access, correct, or delete your personal or Personal Information by contacting us at dataprivacy@modular-medical.com. We may limit deletion requests when retention is required by law, safety obligations, or device-related recordkeeping requirements.

Your State-Specific Privacy Rights

Residents of certain states—including California, Colorado, Connecticut, Delaware, Florida, Illinois, Indiana, Iowa, Maryland, Montana, New York, Nevada, Oregon, Tennessee, Texas, Utah, Virginia, and Washington—may have additional rights, depending on location (and except where exemptions apply) such as:

· Confirming whether we process your personal information

· Updating certain information of yours with Modular Medical.

· Unsubscribing from promotional emails by following the directions in those emails.

· Opting out of certain cookie-related and analytics processing

· Opting out of:

   - targeted advertising

   - sale of personal data

    - profiling with legal or significant effects

· Accessing or deleting certain information

· Correcting inaccuracies

· Transferring your Personal Information to a third party (right to data portability).

· Limiting or requiring consent for processing sensitive personal data

· Asking us how Personal Information is collected, used, and shared

· Confirming we restrict collection of Personal Information beyond what is necessary to provide requested services or comply with this Privacy Policy or the Terms of Use

· Restricting how we process your Personal Information.

· Withdrawing your consent—where we rely on consent as the legal basis for processing.

· Objecting to how we process your Personal Information.

· Obtaining information about the financial incentives we offer you, if any.

· Lodging a complaint with your local data protection authority.

· Asserting your right to not be discriminated against (as provided for in applicable law) for exercising your rights.

To know your state-specific rights or to exercise non-exempt rights you have, contact us at dataprivacy@modular-medical.com. To appeal a denied request, reply to our decision with your reason for appeal.

Please note: certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information for our legitimate interests or to comply with a legal obligation. If your information has been disclosed to an unaffiliated party at your direction, Modular Medical cannot delete or amend such disclosed information. We also use third-party analytics services and online advertising services that may result in the “sharing” of online identifiers (e.g., cookie data, IP addresses, device identifiers, general location information, and usage information) with advertising partners to advertise the Site or on other websites.

If you would like to opt out of our “sharing” of your information for such purposes, you may do so by revising the privacy settings on your computer. When making a request to Modular Medical, we will need for you to provide us with information necessary to confirm your identity before responding to your request. You can exercise some of these rights through us at this email address: dataprivacy@modular-medical.com .

When Exercising Your Rights

Where you are given the option to share your personal information with us, you can always choose not to do so. You can also request the correction of your personal information or restrict or object to the processing of your personal information.

You may, under certain conditions, be entitled to request information regarding the Personal Information we collect and use at any time, you may also object to the further use of this information as well as request to modify the extent to which your Personal Information is used, that the information be corrected, or that the information be deleted altogether.

Please note that we may only delete your Personal Information in the event that no legal requirement to the contrary exists, or which require this information to be stored, or in the event that where the right to store this information does not take precedence over your right to have it deleted.

Please also note that once you have requested to have your information deleted, or to have the use of your information limited, or you have objected to the processing of your information, you

may then no longer be able to use our services, to the extent our services require the use of your Personal Information.

If your Personal Information is being used by us because you have agreed to have it used, or because it is required for the fulfilment of a contract you have concluded with Modular Medical, you may request a copy of the information that you have made available to us.

Please send your request using the contact information found here: dataprivacy@modular-medical.com or the contact details provided at the end of this Privacy Policy.

Verification.

In order to protect your Personal Information from unauthorized access, change, or deletion, we may require you to verify your credentials before you can submit a request to know, correct, or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information and proof of residency for verification. If we cannot verify your identity, we will not be able to honor your request.

Be sure to include which data or processing activities you are requesting information about, in what format you would like to receive this information, and whether the information should be sent to you or another recipient.

Modular Medical will carefully review your request and inform you of the best way it may be fulfilled if it can be fulfilled under applicable law.

If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.

This could however mean that we may not be able to perform the actions necessary to achieve the purposes as set out in this policy.

Data Security Measures We Apply to Protect Your Data

We use industry-standard safeguards to protect your information, including:

· Encryption of sensitive and health-related data

· Secure servers and firewalls

· Regular security reviews and monitoring

However, no method of internet transmission is completely secure. We cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

Information about Pivot is not intended for consumption by individuals under the age of eighteen (18.) Any individual under that age that is prescribed Pivot must act through a parent, guardian, or authorized representative that must agree to and adhere to this Privacy Policy and the Terms of Use. We do not knowingly collect personal information from minors. If such information is discovered, we will delete it promptly.

Changes to Policy

We may update this Privacy Policy periodically. Changes will be posted on this page. If material changes occur, we will notify you via email or through our website. You are responsible for maintaining an up-to-date email address and reviewing this policy regularly.

Contact Information

If you have questions about this privacy policy or wish to exercise your rights, please contact us at:

Email: dataprivacy@modular-medical.com
Mail: Pivot Privacy Team, 10740 Thornmint Rd, San Diego, CA 92127
Phone: (858) 800-3500

Ó Modular Medical, Inc. Privacy Policy