EFFECTIVE DATE: May 23, 2022

If you are in the European Economic Area (which includes but is not limited to the European Union), please see the Alyve Medical European Union Website Privacy Policy.

Alyve Medical Inc. (“Alyve Medical,” “we,” “our,” or “us”) values your privacy. In this Alyve Medical Website Privacy Policy (the “Policy”), we describe what information we gather about you, what we use that information for, and who we share that information with, when you visit our website located at https://alyvemedical.com/, or any of the other websites maintained by us (any such website, the “Site”), and when you order the products and services available through our Site (collectively, the “Products and Services”). The websites maintained by Alyve Medical are listed in Exhibit A, below.

By visiting the Site, or purchasing or using any of our Products and Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site and your purchase or use of any of our Products and Services, and any dispute over privacy, is subject to this Policy and the Alyve Medical Terms and Conditions of Use, including without limitation its applicable provisions regarding limitations on damages and the resolution of disputes. The Alyve Medical Terms and Conditions of Use are incorporated by reference into this Policy.

The data contained in our Site is for informational purposes only and is not represented to be error-free. Alyve Medical attempts to ensure that the data provided or otherwise displayed on our Site is accurate. However, the Site and its contents are provided on an “as is, as available” basis. Use of the Site and its contents is at your sole risk. Alyve Medical does not warrant that any functions of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site will be free from viruses or other harmful components. Alyve Medical makes no warranties, either express or implied, concerning the content of the Site, including the accuracy, completeness, reliability or suitability of the Site.

What Information We Collect About You

In the course of providing our Products and Services to you and performing due diligence checks in connection with our Products and Services (or discussing possible Products and Services that we might provide), we will collect or obtain personal data about you.  We may also collect personal data from you when you use the Site.

We may collect or obtain such data because you give it to us (for example in a form on our Site), because other people give that data to us (for example, third-party service providers that we use to help operate our business), or because it is publicly available.

We may also collect or obtain personal data from you because we observe or infer that data about you from the way you interact with us or others. For example, to improve your experience when you use the Site, and to ensure that it is functioning effectively, we (or our service providers) may use cookies (small text files stored in a user’s browser) and web beacons which may collect personal data. Additional information on how we use cookies and other tracking technologies, and how you can control these, can be found below in the section titled “Our Use of Cookies and Other Tracking Mechanisms.”

• Information We Collect Directly From You. The personal data that we collect or obtain may include information that you provide to us, such as when using the “Contact Us” form on the Site or any subscription forms on the Site, including your name, email address, phone number and other contact details. If you are a healthcare professional, we may collect information directly from you on our Healthcare Professionals Landing Page, including your name, email address, phone number and business/professional details.  If you are a patient who will be using our Products and Services, or who is interested in learning more about our Products and Services, we may collect information directly from you on our Patients’ Landing Page or our Find a Provider Web Form Page, including your name, email address, phone number, physical location and healthcare providers. If you are interested in investment opportunities with our company, we may collect information directly from you on our Investors Landing Page, including your name, email address, phone number and professional details. We also collect information that you provide via postings on any blogs, forums, wikis or any other social media applications or services that we provide; please note that all information posted to blogs and forums and the like will be available for public viewing, and so you should not post any information that is considered confidential. If you sign up for our newsletter, we will collect your name and email address. When you purchase Products and Services from Alyve Medical, we may also request that you provide your billing information and credit card number and expiration date, which is provided to our payment processor only.
• Information We Collect From Third Parties. Where we are provided with personal data about you by a third party with whom we have a contractual relationship, we use reasonable efforts to include clauses in the contract with such third party that will require them to comply with the privacy laws and regulations relevant to that information; this may include, for example, a stipulation that such third party has provided you with notice of the collection of your information and has obtained any necessary consent for us to process that information as described in this Policy.
• Information We Collect Automatically. We may automatically collect the following information about your use of our Site, or your purchase or use of our Products and Services, through cookies, web beacons, and other technologies: your domain name; your browser type and language and operating system; web pages you view; links you click; your IP address; device ID; the length of time you visit our Site and/or use our Services; page views; the referring URL or webpage that led you to our Site; complaint details; details of how you use our Products and Services; and details of how you like to interact with us and other similar information. Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information about our use of cookies and other tracking mechanisms. We may also compile commercial information about you, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Information Collected As A Result Of Legal Requirements. We may also collect information about you as a result of legal requirements imposed upon us.

How We Use Information About You

We use the information that we gather about you for the following purposes:

• To Communicate Effectively With You And Conduct Our Business. To conduct our business, including to respond to your queries, to fulfill your orders, to otherwise communicate with you, or to carry out our obligations arising from any agreements entered into between you and us, which in some circumstances may include passing your data to third parties such as agents or contractors or to our advisors (e.g., legal, financial, business or other advisors).
• To Provide You With Marketing Materials. To provide you with updates and offers and details of our Products and Services that we think might be of interest to you, or to send you news and newsletters, where you have chosen to receive these; and to contact you in order to receive feedback on our Products and Services.  We may use the information that we learn about you to assist us in advertising our Products and Services on third-party websites. We may also use your information for marketing our own products and services to you by post, email, SMS and phone and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing.  We will provide an option to unsubscribe or opt out of further communication on any electronic marketing communication sent to you, or you may opt out by contacting us at info@alyvemedical.com.
• For Research And Development Purposes. To analyze your personal information in order to better understand your and our other clients’ requirements and to better understand our business and develop our Products and Services.
• To Monitor Certain Activities. To monitor queries and transactions to ensure service quality and compliance with prescribed procedures, and to combat fraud.
• To Inform You Of Changes. To notify you about changes to our Products and Services.
• To Manage, Improve and Personalize Our Site And Ensure That The Content Of The Site Is Relevant. To ensure that content from our Site is presented in the most effective manner for you and for your device, which may include passing your data to business partners, suppliers and/or service providers; and to tailor the content of our Site to provide you with a more personalized experience and draw your attention to information about our Products and Services that may be of interest to you.
• To Reorganize Or Make Changes To Our Business. If we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a reorganization, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analyzing any proposed sale or reorganization. We may also need to transfer your personal information to that reorganized entity or third party after the sale or reorganization for them to use for the same purposes as set out in this Policy.
• In Connection With Legal Or Regulatory Obligations. To comply with our regulatory requirements or as part of dialogue with our regulators, as applicable, which may include disclosing your personal information to courts, regulators and/or law enforcement agencies  in  connection  with  inquiries, proceedings or investigations by such parties anywhere in the world where compelled to do so.  Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.
• To Provide Products and Services. To open client accounts and provide you with our Products and Services. As part of this, we may use your personal data in the course of correspondence relating to the Products and Services.  Such correspondence may be with you, our service providers or competent authorities.  We may also use your personal data to conduct due diligence checks relating to our Products and Services.
• Business Development Purposes. Testimonials from our customers may be used as part of our business development materials, with those customers’ permission.
• Professional Services. Services we receive from our professional advisors, such as lawyers, accountants and consultants.
• Protecting Our Rights And Those Of Our Clients. Where necessary, to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions of Use or this Policy, or as evidence in litigation in which Alyve Medical is involved.

Who We Disclose Your Information To

We may share the information that we collect about you, including personally identifiable information, as follows:

• Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
• Suppliers And Service Providers. We may disclose the information we collect from you to third-party vendors, service providers, contractors, or agents who perform functions on our behalf.
• Your Employer. We may disclose the information we collect from you to your employer or its advisors.
• Other Companies In Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
• Legal Authorities. We may disclose the information we collect from you with courts, regulators and/or law enforcement agencies in order to comply with the law, a judicial proceeding, a court order, or other legal process, such as in response to a subpoena.
• Third Parties For Protection Purposes. We also may disclose the information we collect from you to relevant third parties where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions of Use or this Policy, or as evidence in litigation in which Alyve Medical is involved.
• Aggregate And De-Identified Information. We may share non-personal, aggregate or de-identified information about users with third parties for data analytics, marketing, advertising, research, or similar purposes.
• Third-Party Marketing. We do not share your personal information with third parties for their direct marketing purposes.

Our Site may host various blogs, forums, wikis and other social media applications or services that allow you to share content with other users (collectively “Social Media Applications”). Importantly, any personal information that you contribute to these Social Media Applications can be read, collected and used by other users of the application. We have little or no control over these other users and, therefore, we cannot guarantee that any information that you contribute to any Social Media Applications will be handled in accordance with this Policy.

Our Use of Cookies and Other Tracking Mechanisms

We use cookies and other tracking mechanisms to track information about your use of our Site or Products and Services. We may combine this information with other personal information we collect from you. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive or SSD through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and our Products and Services, while others are used to enable a faster log-in process or to allow us to track your activities with respect to our Site and our Products and Services. Some cookies are used to enable certain functions of the Services, and some are used to store your preferences. We may use cookies to remember information that changes the way the Site and Services behave or look. Some of the cookies we use are necessary to enable you to move around the Site and use its features, including accessing secure areas that may contain content for registered users. We may use accounts-related cookies to authenticate users and prevent fraudulent use of user accounts. We may use analytics cookies to track information about how the Site and Products and Services are used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or functionality of the Site and Services to see how our users react to them. In addition, we use web beacons or tracking pixels to count visitor numbers, and performance cookies to track how many individual users access the Site, and how often. This information is used for statistical purposes only and it is not our intention to use such information to personally identify any user. However, if you have registered and signed into the Site, we may combine this information with information from our web analytic services and cookies to analyze how you use the Site in more detail. In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the Site and the Products and Services, deliver advertisements on and through the Site, and so on. Cookies may be used to create profiles of our users, based on the user information we collect, and cookies may enable users’ identification across multiple websites. You can find more detailed information about cookies and how they work at http://www.aboutcookies.org/. Cookies may include session cookies and persistent cookies.

• Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and to verify your identity, after you have logged in, as you move through our Site.
• Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
• Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you visit our Site and disable cookies, you will be able to browse certain areas of the Site, but some features may not function, you may not be able to store your preferences, and some of our pages may not display properly. Be aware that any preference you have set will be lost if you delete all cookies, including your preference to opt-out from cookies as this itself requires an opt-out cookie to have been set.
• Your Consent To The Use Of Cookies. By using the Site or purchasing or using any of our Products and Services, and by consenting to the terms of this Policy, you consent to our use of cookies.
• Third-Party Analytics And Tracking. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site and our Products and Services. We use these tools to help us improve our Products and Services, performance, and user experiences. The entities that provide these tools may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.
• Social Buttons. We use ‘social buttons’ to enable our users to share or bookmark web pages. These are buttons for third-party social media sites, and these sites may log information about your activities on the Internet, including on our Site. Please review the respective terms of use and privacy policies of these third-party sites to understand exactly how they use your information, and to find out how to opt out or to delete such information.
• External Web Services. We may sometimes use external web services on the Site to display content within the web pages of the Site, for example to display images, show videos or run polls. As with the social buttons, we cannot prevent these sites, or external domains, from collecting information on your use of this embedded content.
• Tracking Email Communications. We may also use tracking technologies to determine whether you have read, clicked on, or forwarded certain email communications we send to you so that we can make our communications more helpful and interesting. If you do not wish us to confirm whether you have opened, clicked on or forwarded our communications, you will need to unsubscribe, as it is not possible for us to send these emails without tracking enabled. If, at any time, you prefer not to receive further email communications from Alyve Medical (except in connection with information or Products and Services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast email that is sent to you by Alyve Medical. If, at any time, you prefer not to receive any other form of communication from Alyve Medical, you will have the ability to unsubscribe from such communications by contacting us at info@alyvemedical.com.

Do-Not-Track Disclosures

Currently, our systems do not recognize browser “do-not-track” requests.

Third-Party Links

Our Site and materials related to our Products and Services may contain links to third-party websites. Any access to or use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites. We encourage visitors to such third-party websites to review the privacy statements on each of those other websites before disclosing any personal information.

Protection of Your Personal Information

We use a range of physical, electronic and managerial measures to ensure that we keep your personal data secure, accurate and up to date. These measures include:

• education and training to relevant staff to ensure they are aware of our privacy obligations when handling personal data
• administrative and technical controls to restrict access to personal data on a ‘need to know’ basis
• technological security measures, including fire walls, password protection, encryption and anti-virus software
• physical security measures.

Although we use appropriate security measures once we have received your personal data, the transmission of data over the Internet (including by e-mail) is never completely secure.  We endeavor to protect personal data, but we cannot guarantee the security of data transmitted to us or by us.

You should take steps to protect against unauthorized access to your accounts and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

What Choices Do You Have Regarding Use of Your Personal Information?

We may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Products and Services you have requested or received from us.

To review or request changes to any of the information we collect from you, or if you have any other questions about our use of your information, or about this Policy, please address correspondence to:

Alyve Medical Inc.

Attn: Privacy Officer

P.O. Box 102373

Denver, CO 80250

email: privacy@alyvemedical.com

 

If you are a California resident, please see the section below titled “Your California Privacy Rights.”

Children Under 18

Some of our Products and Services may be designed for use by children under 18. Before we knowingly collect any personal information about a child under 18, whether such information is provided by the child or by the child’s parents, we will provide direct notice to the child’s parents and obtain verifiable parental consent. We will also give parents the choice of consenting to our collection and internal use of the child’s information but prohibiting us from disclosing that information to third parties, unless disclosure is integral to the Site, in which case, this will be made clear to the child’s parents. Following verification of the parents’ identity, we will also provide parents access to their child’s personal information to review, or to have the information deleted. In addition, we will give parents the opportunity to prevent further use or online collection of their child’s personal information. If we are given consent by a child’s parents to release such information to any third parties, we will release the information only to parties that agree to maintain its confidentiality and security. In the event that we collect any personal information about a child under 18, we will retain the information collected for only as long as is necessary to fulfill the purpose for which it was collected, and we will delete the information using reasonable measures to protect against its unauthorized access or use.

For more information about our practices concerning personal information collected from children or their parents, please contact us at privacy@alyvemedical.com.

Your California Privacy Rights

1. 1. California’s “Shine the Light” Law

A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information for the third parties’ direct marketing purposes within the previous calendar year, along with the type of personal information disclosed.

If you are a California resident and would like to make such a request, please submit your request in writing to:

Alyve Medical Inc.

Attn: California Privacy Request

P.O. Box 102373

Denver, CO 80250

Please note that under California law, businesses are only required to respond to such a customer request once during any calendar year.

1. The California Consumer Privacy Act
   If you are a California resident, then under the California Consumer Privacy Act you have the rights:
   • to know, up to two (2) times in a twelve (12)-month period,
     • the categories and specific pieces of personal information that we have collected about you;
     • the categories of third parties with whom your data is shared;
     • the categories of sources of information from whom your data was acquired; and
     • the business or commercial purpose of collecting your information;
   • to access your personal information up to two (2) times in a twelve (12)-month period;
   • to request, subject to certain exceptions described in Cal. Civ. Code 1798.105(d), that we delete any personal information about you which we have collected from you; and
   • not to be discriminated against, with respect to the price or quality of goods or services, because you have exercised any of the foregoing rights, provided that you may be charged a different price or receive goods or services of a different quality level, if the difference is reasonably related to the value provided to you by our use of your data.

   To exercise any of your rights under the California Consumer Privacy Act, or if you have any other questions about our use of your personal data, please address correspondence to:

   Alyve Medical Inc.

   Attn: California Privacy Request

   P.O. Box 102373

   Denver, CO 80250

   email: privacy@alyvemedical.com

Changes To This Privacy Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time. To let you know when we make changes to this Policy, we will amend the Effective Date. The new modified or amended Policy will apply from that new Effective Date, so please be sure to check back periodically. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site. Your continued use of the Site after any change to this Policy will constitute your acceptance of the changes.

Exhibit A: Websites Maintained by Alyve Medical

Alyve Medical maintains the following websites:

• https://alyvemedical.com/