LAST UPDATED OCTOBER 2022

This Privacy Policy describes how Atlantic Venture Partners, LLC d/b/a Modo Bio and its affiliates (“Company,” “we,” “us,” or “our”), collects, stores, uses, discloses, and transfers your Personal Information (as defined below) through our products and services, including the website available at www.modobio.com (“Site”), the telehealth platform (“Platform”), our applications (including mobile applications), software, APIs, and any other product or service provided by Company in connection with wearable device technology (together, the “Services”).

When referred to in this Privacy Policy, the term “Personal Information” includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, including any information that is subject to applicable data protection laws. Personal Information may include “protected health information” (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996, as amended and implemented (“HIPAA”). This Privacy Policy applies only to Personal Information collected on this Site or otherwise in connection with the Services, including online and offline interactions. Capitalized terms used in this Privacy Policy and not defined herein shall have the definitions provided in our Terms of Use.

THIS PRIVACY POLICY DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Privacy Policy is incorporated by reference into our Terms of Use. By accessing and using our Services, you consent to the collection, storage, use, disclosure, and transfer of your Personal Information as described in this Privacy Policy.

Personal Information We Collect

Information that you provide to us directly, including:

• Personal, contact information and related Account information, such as your name, age, government issued ID, photo, username, password, e-mail address, and phone number that you provide to us when you use the Services. We may also collect other information that you grant Company access to, such as your contacts list.
• Health information, such as mental and physical state of health, symptoms, blood, genetic and other key medical information, medical history, medical treatment or diagnosis, medications, test results and laboratory data, question and survey responses, health care provider information, and other health information that you may provide to us.
• other analytical data that you provide in connection with the use of your wearable device, such as heart rate, steps, speed,
• Communications between you and Company and/or physicians and other health care or wellness professionals (“Providers”), such as when you submit any questions or comments, complete surveys, engage in our telehealth or testing services, or otherwise contact us or our support teams. When you communicate with us, such as through e-mail or text message, we may collect and save a record of your communication and any personal information provided during the communication.
• Any information you submit, post, publish, upload, display, or transmit on or via the Services (e.g., photos, comments, and other information and materials).
• Information about your activity while engaged with the Services or any other activity metrics from your activity tracker or wireless-enabled wearable technology device that you choose to sync to the Services.
• Payment information, such as credit card information and billing address.
• Username and password that you may select in connection with establishing your Account.
• Your interactions with third party links and third-party services accessible via our Services.
• Other data from your device, such from a global positioning system (GPS) when you give us permission through your device settings, information about wireless networks or cell towers near your mobile device, or your internet protocol (IP) address.
• Identifying information about your mobile device, including data stored in connection with the operating system or other software, or data sent to the device by Company.
• Certain log data when you interact with our Services, for example, when you visit our Site, sign into our Services, interact with our email communications, use your Account to authenticate to a third-party website or application, or visit a third-party website that includes a Company button or widget. We may also receive log data when you click on, view or interact with links on our Services, including links to third-party applications. Our servers may record certain log data such as search terms, IP address, browser type, operating system, referring / exit pages and URLs, browsing history, number of clicks and how you interacted with the Services, domain names, landing pages, location, mobile carrier, device information, and other related information.
• Metadata associated with your use of the Services. For example, metadata may indicate how, when, where, and from whom, certain data points were collected, and how such data points are formatted.
• Information obtained through the use of “cookies” and other tracking technologies, as further discussed below.

Information from third parties:

• We use third-party services in order to provide our Services, such as hosting content.
• We also use third-party analytics tools to collect data about traffic and usage trends for the Services. These third parties may collect information sent by your device or our Services, such as cookies or your IP address.
• We may obtain information from third party research companies and advertising partners that are assisting us in developing products and services that may be of interest to you.
• We may also receive information about you from our affiliates in order to provide, understand, and improve our Services and our affiliates’ services.
• Some of the Services provide the ability to interact with third party services (e.g., third-party social media sites, Providers, or other health care professionals). When you choose to permit such interaction, we may receive additional information about you from the third party (e.g., your registration or profile information with the third-party service).
• We may contract with third-party service providers to assist us in better understanding users. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you submit any Personal Information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Cookies and Other Similar Tracking Technologies

We may use cookies and similar technologies such as pixels, web beacons, and local storage to collection additional information about how you use our Services. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, they are used to help us understand your preferences based on previous or current Site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. The Help section of your browser may tell you how to prevent your browser from accepting cookies. If you turn cookies off, you may not have access to many features that make your Site experience more efficient and some of our Services will not function properly. To find out more about cookies and your choices with respect to collection and use of such data, you may visit www.allaboutcookies.org

How We Use and Disclose Personal Information

We may use and disclose your Personal Information to provide our Services to you, to improve our operations, and for security and legal reasons. Some examples of how we use your Personal Information include:

• To help you efficiently access your information after you create an Account (e.g., remember information so that you do not have to re-enter it).
• To perform actions at your direction, such as when you authorize a third-party web client or application to access your Account.
• To personalize your experience with the Services and to allow us to deliver the type of content and services in which you are most interested.
• To provide, improve, test, and monitor the effectiveness of our Site and Services.
• To develop and test new services and features.
• To update the Site and Services on your device.
• To allow us to better serve you in responding to your customer service requests.
• To send you information about our Services, to market to you, to help prevent spam, fraud, or abuse, and to help others find your Account, including through third-party services and client applications.
• To analyze and evaluate your information that you provide to the Platform in connection with your wearable device and combine such information with other clinical data collected in connection with our Services.
• To monitor Site metrics such as total number of visitors, traffic, and demographics.
• To provide special offers or other activities relating to the Services. However, you may choose not to participate in such promotions.
• We may share your Personal Information with entities that are affiliated with Company to help provide, understand, and improve our Services and the affiliates’ services.
• We may share your Personal Information with our vendors and service providers that perform services on our behalf, such as hosting partners, testing laboratories, and other parties who assist us in operating our Services.
• We may disclose your Personal Information to the Providers, pharmacies, or other persons or entities working on your behalf, including without limitation, for arranging appointments or communications, providing health care services as part of the Services, obtaining medication, or for payment or health care operations purposes.
• We may remove identifying data from your Personal Information and share such de-identified data anonymously with other parties for any lawful purpose. We may also combine your Personal Information with other information so that it is no longer associated personally with you and share that aggregated data (such as for public health statistics or reporting purposes).
• We may share your Personal Information, such as your health information, with your Provider or other health care provider or medical professionals working with you through the Services, for arranging appointments or communications and providing medical treatment.
• We may disclose your Personal Information as described in this Privacy Policy or with your permission.
• If we are involved in a (potential or actual) merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of Company assets, or transition of service to another provider, your Personal Information may be disclosed in connection with the negotiation of such transaction, and/or sold or transferred as part of such a transaction as permitted by law and/or contract. This Privacy Policy will apply to your Personal Information as transferred to the new entity.
• We may also release your Personal Information when we believe release is appropriate to comply with the law (including any regulatory or government body, public health agency, or court), enforce our policies, or protect ours or others’ rights, property, or safety.

How We Store and Process Your Personal Information

Your Personal Information collected through the Services may be stored and processed in the United States and any other country in which Company, its affiliates, or service providers operate. Please note that different countries may have different data protection laws, and as such, we may transfer information, including your Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. By using the Services, you consent to this transfer of information and the use and disclosure of your Personal Information as described in this Privacy Policy. Additionally, the Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States.

We implement commercially reasonable security measures to maintain the safety of your Personal Information. .

Unfortunately, no data transmission or storage system can be guaranteed 100% secure; therefore, Company cannot guarantee the security of any information you transmit to Company and/or Provider(s) or otherwise provide in connection with your use of the Services, or guarantee that the information may not be accessed, disclosed, altered, or destroyed. Company makes no representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard Personal Information. Further, Company is not responsible for the functionality, privacy, or security measures of any other organization.

The safety and security of your information also depends on you. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or Account information has been compromised, you should change it immediately.

Data Retention

Except to the extent prohibited by law, and subject to this Privacy Policy, we will retain and use your Personal Information for as long as it is needed to provide you with the Services, access to our Site, and communications you have requested; to document our business relationship with you; and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Your Privacy Rights

Depending on your jurisdiction, you may have certain rights regarding our collection, use, and sharing of your Personal Information. If you have any questions regarding these rights, please contact us at privacy@modobio.com Please note that we may request additional information to respond to or fulfill any requests regarding your rights under applicable laws or regulations.

Information Exempt from the CCPA

Note that certain information that is governed by other laws, such as the California Confidentiality of Medical Information Act (CMIA) or the Health Insurance Portability and Accountability Act of 1996, as implemented and amended (HIPAA), is not considered Personal Information with respect to the rights of California residents noted above.  However, additional rights might be available under those laws and standards.  Please contact privacy@modobio.com for more information.

Nevada Residents

Although Company does not sell Personal Information, Nevada residents have the right to submit a verified request directing us not to sell their Personal Information. If you are a Nevada resident, and would like to submit such a request, please send your request through any of the methods noted below.

Unsubscribe Requests

You may also unsubscribe from marketing e-mail communications from us by clicking the “Unsubscribe” link provided in such communications. If you wish to opt out of text messages from us, you may reply “STOP” from the mobile device receiving the messages. You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests.

Account Termination

If your Account is terminated or otherwise deactivated, whether by Company, yourself, or anyone else, your data (including your profile information) and content will no longer be accessible through your Account, but that data and content may persist and appear within the Services. Please note that search engines and other third parties may still retain copies of your public information, such as your user profile information and public posts, even after you have deactivated your Account.

Do Not Track

Company does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information, including Personal Information, about your online activities over time and across different websites or online services when you use the Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.

Third Party Linking Services

The Services may include links to third-party websites or services. This Privacy Policy does not apply to the information (including Personal Information) collected on any third-party website or service over which we have no influence or control. Company is not responsible for the privacy practices of these third-party websites or services. Accordingly, we recommend that you review the privacy notice and related policies on any such third-party website or services.

Children’s Privacy

Company does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Services, unless a minor is accompanied by a parent or guardian who can give informed consent on such minor’s behalf. The Services and their content are not directed at children under the age of 13, unless a minor is accompanied by a parent or guardian pursuant to our Terms of Use. In the event that we learn that we have collected Personal Information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@modobio.com.

Questions and Feedback

We welcome your questions, comments, and concerns about this Privacy Policy. Please send us any and all feedback pertaining to privacy, or any other issue, via email to privacy@modobio.com.

Changes to Our Privacy Policy

We reserve the right to modify or update this Privacy Policy from time to time in our sole discretion, effective upon posting. In the event of such changes, we will post the changes on our Site, so please consult this Privacy Policy regularly. Your continued use of the Services after any modification to this Privacy Policy will constitute your acceptance of such modification.

How to Contact Us

If you would like to contact us for any reason concerning our privacy practices, or if you would like to request that we update or correct any information that you have provided to us through your use of the Site or Services, or if you have suggestions for improving this Privacy Policy, please email us at privacy@modobio.com