GDPR

We at DiaMan AS and DiaMan Medical SA de CV, also doing business as DiaMan (“us”, “we” or the “Company”) respect your privacy and are committed to protect the privacy of our users (“user” or “you”).

This Privacy Policy outlines our practices with respect to collecting, using and disclosing your information through the use of our website (“Site”), mobile applications (“App”) and other services made available by us (collectively, the “Services”). Our Services are designed to give our users a complete solution for personal diabetes management.

In case you want to know how to delete your profile, please go to section “Profile deletion” below (look for the bold case). [En caso de que desee saber la manera de borrar su perfil, por favor vaya ala sección “Eliminación de perfil” en la parte inferior (busque las letras en negritas)]

We are committed to protect the privacy of our users’ personal health information. Part of that commitment is complying with the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which requires us to take additional measures to protect Protected Health Information (“PHI“) and to inform our users about those measures. This Privacy Policy describes how we may use and disclose your PHI which is collected by our Site, App and by all of our Services and how our users can get access to this information.

As part of our commitment to protect the confidentiality, data privacy and security of our users, we have drafted this Privacy Policy to comply with the requirements of the EU General Data Protection Regulation (GDPR), including providing the contact information of our Data Protection Officer and an explanation on our users’ rights regarding their personal information.

The Privacy Policy is a part of our Terms of Use and is incorporated therein by references.

We encourage you to read the Privacy Policy carefully and use it to make informed decisions. By using our Services, you agree to the terms of this Privacy Policy and your continued use of the Services constitutes your ongoing agreement to this Privacy Policy.

In this Privacy Policy you will read about:

• What types of information we collect and how we collect it

• How we use Cookies

• How we use the information we collect

• With whom we share the information, and for what purpose

• Information shared through DiaMan EMR (Electronic Medical Record) and DiaManBGM App.

• For how long we retain the information we collect

• How do we safeguard your information

• How we use the information for marketing purposes

• How to contact us

We collect two types of data and information from our users.

The first type of information is un-identified and non-identifiable information pertaining to a user(s), which may be made available or gathered via the user’s use of the Services (“Non-personal Information”). We are not aware of the identity of the user from which the Non-personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time and the domain name of the website from which you linked to the Services; etc.), in order to enhance the functionality of our Services.

The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”). This includes:

• Registration information: In order to use our Services, you will be required to register to the Services. As part of the registration process, we may collect your full name, gender, e-mail address, phone number and birth date.

When you register to our Services with your social network account (e.g. Facebook account) we may have access to basic information about you from such account, such as your name, email address, photo, as well as any other information you made publicly available on such account or agreed to share with us. At all times, we will abide by the terms, conditions and restrictions of such social network.

• Financial information: In order to make purchases through our Site and carry out transactions, you may be required to share with us relevant payment information, including your PayPal account, Credit card number, etc.

• Health information: As part of the registration process, you will be required to share with us your diabetes type. Additionally, as part of our Services, you may provide us with additional sensitive Personal Information which is related to your health. Such information may include blood tests (i.e. glucose level), medicines (e.g. insulin), nutrition, carbs consumption, weight, as well as exercise activity and motion (e.g. steps, cardio activity). You may manually upload your health information to our Site or App, or allow us to collect such information automatically by performing synchronization to the results of our “Glucose Meter” or to the information available through your DiaMan EMR or DiaManBGM App account (see detailed information below, under “Information shared through DiaMan EMR and DiaManBGM App”). We will take all necessary steps to protect your PHI as required under the Health Insurance Portability and Accountability Act of 1996. By providing sensitive Personal Information to us (e.g. health information), you explicitly consent to the collection, use and disclosure of your sensitive Personal Information in accordance with this Privacy Policy.

• Voluntary information: We also collect information which you provide us voluntarily. For example, when you respond to communications from us, contact our support, communicate with us via email or the Services or share additional information about yourself or about others through your use of the Services.

• Device Information: We may also collect Personal Information from your device (e.g. geolocation data, IP address) and information on your activity on the Services (e.g. pages viewed, online browsing, clicks, actions etc.).

• Third parties’ SDKs: Within our App, we may use Software Development Kits (SDK) provided by third parties. If you grant us your explicit consent to such use and integration (through the App), we may gather additional Personal Information about your activities, location and behavior, such as Wi-Fi, Bluetooth, accelerometer, gyroscope, GPS, etc. For additional information about SDKs we advise you to visit the third parties’ website(s) to learn more.

If we combine Personal Information with Non-personal Information, the combined information will be treated as Personal Information for as long as it remains combined.

We may anonymize or de-identify the information collected by the Services or via other means so that the information cannot, on its own, personally identify you. Our use and disclosure of such aggregated or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation and for any purpose. Generally, however, we use this de-identified information in statistical analysis.

You may refuse to disclose certain information, but please bear in mind this may result in preventing you from using the Site and Services to some extent, and in some cases may result in your inability to use the Site and Services.

A cookie is a small data file that is sent to your device when you first visit a website. Cookies usually include an identification number that is unique to the device you are using. Such identifier can help us better understand our users and how they are using the Site and the Services. Cookies also enable recognition of a user when they re-visit the Site, keeping their settings and preferences and ability to offer customized features.

The Services may implement the following types of cookies: (i) cookies implemented by us for the purposes described above (“First Party Cookie”); and (ii) third party cookies which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access or online advertisers on our Services. Ads appearing on our Site and/or through the Services may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, et al, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by us alone, and does not cover the use of cookies by any advertisers.

You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Services may not operate properly and your online experience may be limited.

We may from time to time contract with third parties for the purpose of analyzing user’s data, optimizing the Services and communications, etc. To do this, we may use web beacons, pixels etc. provided by such third parties. The information collected will also allow us to learn how to improve the Services for the benefit of our users.

We use and share Personal Information in the manners described in this Privacy Policy. In addition to the purposes listed above, the Personal Information we collect is used for the following purposes:

• To set up your account and to provide our Services;

• To optimize the Site, our Services and your experience;

• To allow our users to obtain relevant information about their health and provide them tools to manage it;

• To personalize our recommendations for better management of your diabetes, nutrition, medicines, etc. (including through our community learning tools, DiaMan EMR, DiaManBGM App, etc.);

• To send you reminders based on your location and activity (including through SDKs);

• To allow users to make purchases through the Services and carry out transactions which they requested;

• To identify and authenticate your access to certain features of the Services;

• To communicate with you in order to keep you informed of our latest updates and features;

• To perform a research or to conduct analytics in order to improve and customize our Services to our users’ needs and interests;

• To market our products and services to you;

• To detect and prevent illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of the Services;

• To support and troubleshoot our Services, to respond to your queries and communicate with you;

• To comply with our obligations under the Health Insurance Portability and Accountability Act of 1996;

• To investigate violations and enforce our policies, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process or respond to a government request.

If you are a registered user on our Services and have supplied your email address or phone number, we may occasionally send you an e-mail or contact you via your phone number, including by SMS, telephone call or push notifications in order to provide you the Service (for example, for the purpose of sending you verification code to confirm user login, tracking info on this shipping package, and link to download the App). You hereby consent and authorize us to contact you in accordance with the above.

We do not rent, sell, or share your Personal Information with third parties except as described in this Privacy Policy.

We may transfer or disclose Personal Information to our subsidiaries, affiliated companies, subcontractors, SDKs, or such other trusted third party service providers or partners, who are located in different jurisdictions across the world, for the purpose of: (a) storing or processing such information on our behalf (e.g. on cloud computing services) or to assist us with our business operations, to authenticate your access and to provide and improve our Services; (b) performing research, technical diagnostics, analytics or statistical purposes; (c) marketing, in accordance with our marketing policy.

In addition, under your specific acknowledgment and consent, we may share your Personal Information (including information related to your health) with third party service providers in the healthcare ecosystem, such as hospitals, physicians, insurance companies and others to allow them to obtain a holistic view of your needs and interests. Please note that under such consent, we may disclose to third party service providers in the healthcare ecosystem all relevant Personal Information which you share with us ongoingly through the Services.

Please note: When we share information with third party service providers, such information is anonymized or pseudonymized (as required by applicable laws) in order to effectively separate health and clinical data from user’s Personal Information.

We may also disclose Personal Information, or any information you submitted via the Services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies or in case we find it necessary in order to enforce intellectual property or other legal rights.

You may instruct us to share information (including Personal Information) with systems such as DiaMan EMR or DiaManBGM App and to access and collect information from those systems, for the purpose of improving the Services which we provide to you. Before you allow us to share or collect such information, you should also review the applicable privacy policy of that system (e.g. Apple’s privacy policy can be found here).

We do not use or disclose to third parties any information gained through the use of the DiaMan EMR or DiaManBGM App for advertising or similar services, other than for purposes of improving health or for purposes of health or medical research.

We do not disclose any of your information, to any third party without your express permission (other than in anonymized and aggregated format), and in the case of information gained through DiaMan EMR or DiaManBGM App, such sharing will only be for purposes of enabling the third party to provide health services or for medical research.

Our policy only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties via our Services (e.g. by clicking on a link to any other website or location) or via other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them.

You agree that we shall have no liability whatsoever with respect to such third party sites and services and your usage of them.

We respect your privacy rights and strive to comply in all aspects with the Health Insurance Portability and Accountability Act of 1996. For example, you have the right under HIPAA to inspect or get copies of your PHI contained in a designated record set. Generally, a “designated record set” contains medical records we may have about you. Therefore you may contact us at any time and request:

• to access, delete, change or update any Personal Information and PHI relating to you (for example, if you believe that your Personal Information is incorrect, you may ask to have it corrected or deleted); or

• that we will cease any further use of your Personal Information and PHI (for example, you may ask that we will stop using or sharing your Personal Information with third parties) or that we shall remove your Personal Information (subject to any other legal obligation that may require us to keep the information).

Profile deletion [Eliminación de perfil]

• in case you want to delete your account and all your information from our Apps and servers, please send an email to soporte@diaman.net and ask for a full deletion of your profile from our servers. [En caso de que desee borrar toda su información de nuestras Apps y servidores, por favor envíe un correo a soporte@diaman.net y pida el borrado total de su perfil de nuestros servidores.]

Please note that the following rights specifically apply regarding your personal information: (1) Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information; (2) Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format; (3) Request rectification of your personal information that is in our control; (4) Request erasure of your personal information; (5) Object to the processing of personal information by us; (6) Request to restrict processing of your personal information by us; (7) Lodge a complaint with a supervisory authority.

If you wish to exercise any of the abovementioned rights or raise a complaint on how we have handled your Personal Information or PHI, please contact us directly at soporte@diaman.net.

If you are not satisfied with our response or believe we are collecting or processing your Personal Information not in accordance with the laws, you can complain to the applicable data protection authority. In addition, if you believe your privacy rights have been violated, or if you are dissatisfied with our privacy practices or procedures regarding your PHI, you may file a complaint with the Secretary of the U.S. Department of Health and Human Services.

We will retain your personal information for the duration required to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations.

We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

We take great care in implementing and maintaining the security of the Services and your information in accordance with the requirements of all applicable laws (including with the requirements under the Security Rule of the Health Insurance Portability and Accountability Act of 1996). We employ industry standard procedures and policies to ensure the safety of our users’ information, and prevent unauthorized use of any such information. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Services, and we make no warranty, express, implied or otherwise, that we will prevent such access.

As an additional safeguard to Your Information, the Company employs a Data Protection Officer (“DPO”). The DPO has the power to insist on company resources for information protection matters and has as a deep knowledge of Information protection regulation and law privacy requirements. The DPO’s responsibility includes, among other things: privacy and security compliance advice, notify authorities of a data breach incident, conducting awareness and training programs, etc.

Since we operate globally, it may be required to transfer your Personal Information to countries outside the European Union. The data protection and other laws of these countries may not be as comprehensive as those in the European Union − in these instances we will take steps to ensure that a similar level of protection is given to your Personal Information. You hereby consent to transfer of your Personal Information to countries outside the European Union.

If you feel that your privacy was treated not in accordance with our policy, or if any person attempted to abuse our Services or acted in an inappropriate manner, please contact us directly at soporte@diaman.net.

We may share your information, including your Personal Information, with any subsidiaries, joint ventures, or other companies under a common control (collectively “Affiliated Companies“). We may share Information, including Personal Information, in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, our affiliated companies or acquiring company will assume the rights and obligations as described in this Privacy Policy.

The Services are not designed to the use of any children under 16 years of age. If you have reason to believe that a child under the age of 16 has provided Personal Information to the Company through the use of any of the Services without the consent of their parent or legal guardian, you should immediately contact us and we will endeavor to delete that information from our records.

Additionally, no information should be submitted to or posted to any of the Services by users under 18 years of age without the consent of their parent or legal guardian. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information and PHI on any of the Services without their permission.

We may use your Personal Information, such as your email address and mobile phone number ourselves or by using our third party subcontractors for the purpose of providing you with promotional material, which we believe may interest you. You hereby consent and authorize us to contact you in accordance with the above.

Out of respect to your right to privacy, at any time, you may request to unsubscribe and discontinue receiving marketing offers by contacting us at soporte@diaman.net, or by using the unsubscribe link provided within any such communication.

If you unsubscribe we will remove your email address and phone number from our marketing distribution list. Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you service-related updates and notifications.

In case you are using our Services in the state of California, United States we inform you that the Company does not respond to Do Not Track requests or signals at this time in accordance with the California Online Privacy Protection Act (“CalOPPA”) Amendment of 2013

We may revise this Privacy Policy from time to time, in our sole discretion, and the most current version will always be posted on our Site (as reflected in the “Last Revised” heading). We encourage you to review this Privacy Policy regularly for any changes. In case of material changes we will notify you through our Services or by email. Should you object to any such modifications, you must cease using our Site and Services and request that we delete your account. Your continued use of the Services, following the notification of such amendments on our Site or the App, constitutes your acknowledgement and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.

If you have any general questions about the Services or the information that we collect about you and how we use it, please contact us at soporte@diaman.net.

Last update: 16 Aug 2021