PRIVACY POLICY

Last updated: February 27, 2023

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. SimBioSys is required by law to maintain the privacy of Protected Health Information (“PHI”), to provide you with this Notice of our legal duties and privacy practices with respect to PHI and notify affected individuals following a breach of unsecured PHI. PHI is information that identifies you and is related to your health, condition, or payment for health care services. This Notice is intended to address compliance with HIPAA. In certain cases, however, other federal and state laws impose additional requirements or limitations on the use and disclosure of health information which can be found in the policy below.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

1. Interpretation and Definitions

1.1 Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions
For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Company(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to SimBioSys, Inc., 180 North LaSalle Street Suite 3250 Chicago IL 60601.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: Illinois, United States
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to SimBioSys, accessible from simbiosys.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Collecting and Using Your Personal Data

2.1 Types of Data Collected

Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Usage Data

Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?”
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close Your web browser. You can learn more about cookies here: Cookies by TermsFeed.
We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
Type: Session CookiesAdministered by: SimBioSysPurpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies
Type: Persistent CookiesAdministered by: SimBioSysPurpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies
Type: Persistent CookiesAdministered by: SimBioSysPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

Advertising Cookies
These cookies may be set through our Sites by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

We use Google Analytics, which collects information about usage of our Sites and allows us to receive information about general usage statistics.
In order for Google Analytics to function, when you use our Sites, Google will place cookies on your device. Google Analytics may also collect information through other methods in addition to cookies. Information collected by Google Analytics when you use our Sites, and the way it is used, is described in the applicable Google Privacy Policy and Google Terms of Service.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

2.2 Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account:to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract:the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You:To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests:To attend and manage Your requests to Us.
• For business transfers:We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information 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.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Your California Rights
If you are a resident of California, you may be entitled to the privacy rights described below under the California Consumer Privacy Act (“CCPA”) and other applicable laws. Please note that certain categories of Personal Information, such as PHI, are not covered by these CCPA privacy rights, but may be protected by HIPAA and other laws that provide similar protections.

The Right to Know. You have the right to request:

• the specific pieces of Personal Information we have about you
• the categories of Personal Information we have collected about you in the last 12 months
• the categories of sources from which that Personal Information was collected
• if we sold or disclosed your Personal Information in the last 12 months and the categories of your Personal Information that we sold or disclosed
• the categories of third parties with whom we share your Personal Information
• the purpose for collecting and selling Personal Information.

The Right to Deletion. You have the right to request that SimBioSys delete the Personal Information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.

Non-discrimination. SimBioSys will not discriminate against you in any way if you choose to exercise your rights under the CCPA. However, if we delete your Personal Information based on a request you make, understand that you may be unable to use or access certain features of our Services.

You may exercise your right to know and your right to deletion twice a year free of charge. To exercise your right to know or your right to deletion, contact us at privacy@simbiosys.com. We endeavor to respond to a verifiable consumer request within forty-five (45) days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you have an account with us, we will use our existing account authentication practices to verify your identity. If you do not have an account with us, we may request additional information about you to verify your identity. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.

International Visitors:
The Site is hosted in the United States. If you nonetheless choose to use the Site 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 may be transferring your personally identifiable information outside of those regions to the United States and by providing your personally identifiable information on the Site you consent to that transfer.

Your European Union Privacy Rights : If you are a resident of the European Union, you have certain data protection rights under the General Data Protection Regulation (GDPR).

Your Rights Under GDPR. SimBioSys is committed to providing individuals greater control over the processing of their personal data. You are entitled to certain rights under GDPR:

• Right to Request Information. You have the right to ask us questions about our processing of your Personal Data, including if you feel information is missing from this Privacy Notice.
• Right to Access. You have the right to request access to your Personal Data.
• Right to Rectification. You have the right to ask us to correct errors, or to complete omissions, in your Personal Data.
• Right to Erasure. You may have the right to ask us to delete your Personal Data. Some people call this the “right to be forgotten.”
• Right to Object. You may have the right to object to, and stop, our processing of your Personal Data.
• Right to Restriction of Processing. You may have the right to limit our processing of your Personal Data.
• Right to Data Portability. You may have the right to receive, or have us transmit to another person, a portable copy of your Personal Data.

In addition, you can always reach out to your local data protection authority for more information on your rights. The identity of your local data protection authority depends on where you live, so we are unable to identify it for you. If you live in Europe, we have found this link to be helpful: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en

Our Legal Basis for Processing Personal Data Under GDPR. We process personal data in order to perform our testing services and to bill for these services, to perform our contracts with you, and to meet our legal obligations. Additionally, our processing is necessary based on our legitimate interest of providing our healthcare and other services to you. It is likely that you provided your consent for our testing and for certain processing activities either directly to us or through your doctor.

International Transfers: As you may be aware, the United States has not been subject to a universal adequacy decision by the European Commission. This means that the European Commission has not determined that U.S. laws provide the same level of legal protections to individuals concerning their personal data and how it is used. In other words, processing in the U.S. may be undertaken with fewer privacy- and security-focused protections than in Europe, which may increase the risk of data breaches, losses of data, or similar events affecting personal data privacy and security. In any event, SimBioSys is firmly committed to data privacy and security and has implemented a number of measures that are intended to ensure all personal data (including your Personal Information) is protected just as strongly in the U.S. as it might be in Europe, including entering into EU-approved model contract clauses with certain of our processors (including those vendors or service providers we’ve described above) and providing appropriate technical and organizational measures to secure your Personal Information (as discussed above).

2.3 Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

2.4 Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

2.5 Disclosure of Your Personal Data

Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

2.6 Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

3. Children’s Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

4. Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

5. Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us
If you have questions about this Notice, would like to exercise any of the rights described above, or to file a complaint, please contact the SimBioSys’ Privacy Officer as follows:

Privacy Officer
SimBioSyS
180 N LaSalle Street, Suite 3250
Chicago, IL, 60601

If you have general questions or concerns regarding the way in which your personal information has been used, you may contact us at privacy@simbiosys.com or 1-872-270-0085