Last updated on February 22, 2021

This privacy policy (“Privacy Policy”) governs how we, Disbyte S.A., and any of its affiliated companies (together, “Femmto” “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you (“User”, “you”) such as in the

following use cases:

 

(i) When you browse or visit our website, https://www.femmto.health/ (“Website”);

(ii) When you make use of, or interact with, our Website:

 

1. When you create an account, log in through the Software & Services in our

Website

2. When you make use of our Software & Services on the Website
3. When you leave a comment on our blog
4. When you contact us (e.g. customer support, need help, submit a request)

(iii) When you install, use, access or interact with Femmto’s services, products, technology, software and/or software components (each individually, an collectively, the “Software & Services”), through our mobile software application, including when you:

1. When you access our Software & Services
2. When you download our software application, create an account, and log in
3. When you subscribe to our mailing list

(iv) When we use the Personal Data of our service providers and suppliers;

(v) When we use the personal data of our customers (e.g., contact details); and

(vi) When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, YouTube, Pinterest, LinkedIn).

 

We believe strongly in protecting the privacy of information entrusted to us. We acknowledge that you may have privacy and security concerns with respect to the information we collect, use, and disclose to third parties for the purpose of allowing us to offer and provide our Software & Services, so we have provided this Privacy

Policy to explain, in a clear and plain language as possible, how we collect and use information. You will also find an explanation of certain rights you have (see the “Your Rights” Section) in respect of your Personal Information.

Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” or “Personal Information” means any

information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals, and the sources are only relevant for CCPA- protected individuals. Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

 

Table of contents:

1. What Information we Collect, Why we Collect it, and How it is Used
2. Period of Storage of Collected Information
3. How we Protect your Information
4. How we Share your Personal Data
5. Additional Information regarding Transfers of Personal Data
6. Privacy Rights; How to Delete your Account.
7. Use by Children
8. Links to and Interaction with Third Party Product
9. Specific Provisions Applicable Under California Privacy Law
10. Corporate Changes
11. Contact Us

This Privacy Policy can be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW

IT IS USED

Finally, please note that some of the abovementioned personal data will be used for fraud detection and prevention, and for security purposes. The abovementioned personal data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize your personal data. We may also use Anonymous Information and/or other non Personal Data, as well as disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them). “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Software and Services.

2. PERIOD OF STORAGE OF COLLECTED INFORMATION

2.1. Personal Data. Your Personal Data will be stored until we: (i) no longer need the information and proactively delete it in accordance with industry standard retention practices; or (ii) you send a valid deletion request. Please note that we will retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your Personal

Data perpetually.

2.2. Cookies. This depends on the cookie in question. Some cookies (e.g. essential cookies) cannot be disabled. You may also control and delete these cookies through your browser settings. Read more in our cookie policy.

 

3. HOW WE PROTECT YOUR INFORMATION

Security. We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

4. HOW WE SHARE YOUR PERSONAL DATA

4.1. We will share your data with several categories of recipients, for the following

activities:

• With multinational cloud providers (such as Google Firebase) for hosting purposes;
• With multinational word press service providers in order to help us manage

our subscription and blog service;

• With US based marketing automation platforms and email marketing services to assist us with sending marketing materials;
• With US and EU based marketing companies to assist with our marketing needs; and
• With US and EU based analytic companies to help us understand and analyze

data we collect (which may include Personal Data) in accordance with this policy.

 

4.2. In addition to the recipients described in Section 4.1, we may share your

information as follows:

• To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
• If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events;
• We also share your information with our subsidiaries, affiliated and parent companies pursuant to the legitimate interest for the provision of the Software & Services to you but their use of such information must comply with this Privacy Policy;
• Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality); and
• Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

 

With respect to sharing of your Personal Data, we take appropriate measures to minimize the PII that we disclose to the third parties, and we require these third parties (i) to keep the data secured, and (ii) to use the data solely in compliance with this Privacy Policy. In any case other than the above, we will not share your Personal Data with third parties without your prior consent. If you want to exercise your right of access information and see an updated list of recipients of your Personal Data, please make your request by contacting us to info@femmto.health -.

5. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

5.1. Internal transfers: We ensure transfers with the affiliated companies of Femmto will be covered by an agreement entered into by members of the such group of companies (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to;

5.2. External transfers:

• Where we transfer your Personal Data outside of the EU/EEA, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data or rely on adequacy decisions issued by the European Commission. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outsi de-eu/adequacy-protection-personal-data-non-eu countries_en Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States.
• Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

6. PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT

6.1. GDPR Rights:

• You have a right to access personal data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
• You have the right to request that we rectify any personal data we hold that is inaccurate or misleading;
• You have the right to request the erasure/deletion of your personal data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims;
• You have the right to object, to or to request restriction, of the processing;
• You have the right to data portability. This means that you may have the right to receive your personal data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
• You have the right to object to profiling;
• You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shallbnot affect the lawfulness of processing based on consent before its withdrawal;
• You also have a right to request certain details of the basis on which you personal data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

6.2. CCPA Rights:

• You have the right to know what personal information is being collected about you in the twelve months preceding your request;
• You have the right to request the erasure/deletion of your personal data (e.g. from our records and the records of our service providers). Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims;
• You have the right to know whether your personal information is sold ordisclosed and to whom in the twelve months preceding your request;
• You have the right to say no to the sale of your personal information;
• You have the right to equal service and price, even if you exercise your privacy rights;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence (e.g. the Attorney General in your State). We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

6.3. Exercising your Rights. You can exercise your rights by contacting us at

info@femmto.health -. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with  applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

6.4. Deleting your account: Should you ever decide to delete your account, you may do so from within your Femmto account under My Account/Profile/Close Account or with a written request to info@femmto.health-. If you terminate your account, any association between your account and personal data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.

7. USE BY CHILDREN

The Software & Services are not intended for minors in any jurisdiction and you hereby represent that you are not a minor according to your relevant jurisdiction. For example, users under the age of 13 in the United States and users under the age of 16 in the European Union are not permitted to use the Software & Services. We do not knowingly collect, use, share or disclose any PII from minors. We reserve the right to request proof of age at any stage, so that we can verify that minors are not using the Software & Services. We advise parents and guardians to regularly monitor their children’s use of email and other online communications and activities. Control tools that create a safer online environment for children are available from third party online services and software providers. In the event that it comes to our knowledge that a minor is using the Software & Services, we will do our best efforts to prohibit and block such a user from accessing the Software & Services and will make all reasonable efforts to delete any PII with regard to such user, as applicable. If you are a parent or guardian who has discovered that your child has submitted his or her PII without your consent, please contact us to info@femmto.health and we will take the necessary steps to remove that information from our database.

8. LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.

9. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA

PRIVACY LAW

9.1. CCPA Privacy Rights: Please see Section 6 above.

9.2. Access Requests. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please email info@femmto.health-. Please note that we are only required to respond to one request per customer each year

9.3. Our California Do Not Track Notice. Do Not Track is a privacy preference that can be configured in certain web browsers (the “DNT Feature”); the DNT Feature, when enabled on a web browser, signals the websites you visit that you do not want certain information about your visit collected. Femmto does not currently respond or recognize DNT Feature signals.

9.4. Deletion of Content from California Residents. If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or personal information you have publicly posted. If you wish to remove such content or personal information and you specify which content or personal information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you may not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or personal information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

10. CORPORATE CHANGES

In the event that Femmto is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your information is treated, transferred, or used.

11. CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at info@femmto.health or at the following address: Disbyte S.A. Heredia 949, Caba, Argentina.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT Femmto’S LIABILITY FROM ANY DISPUTE OVER PRIVACY OR THIS PRIVACY POLICY WILL BE LIMITED AS SET FORTH IN THE TERMS AND CONDITIONS OF OUR APPLICABLE WEBSITE TERMS AND CONDITIONS.