Privacy Policy

Last updated 14th November 2022

This privacy policy for EXI Therapeutics Inc. (trading as EXI) (‘EXI‘, ‘we‘, ‘us‘, or ‘our‘), describes how and why we might collect, store, use, and/or share (‘process’) your information when you use our services (‘Platform‘), such as when you:

  • Visit our website at http://www.exi.life
  • Download and use our mobile application (EXI – Weight Intelligence)
  • Visit and use of the EXI Data Portal – clinician facing Content Management System
  • Engage with us in other related ways, including any sales, marketing, or events

When you use our Platform, you trust us with your personal information. We take your privacy very seriously. We seek to explain to you in the clearest way possible, what information we collect, how we use it and what rights you have in relation to it.

Questions or concerns? Reading this privacy policy, as well as our terms and conditions of use (referred to throughout as our “Terms and Conditions”), will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Platform. If you still have any questions or concerns, please contact us using the contact information provided at the bottom of this page.

TABLE OF CONTENTS

1. WHY DO WE PROCESS YOUR INFORMATION?

2. WHAT INFORMATION DO WE COLLECT?

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5. HOW LONG DO WE KEEP YOUR INFORMATION?

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

7. DO WE COLLECT INFORMATION FROM MINORS?

8. WHAT ARE YOUR PRIVACY RIGHTS?

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. HIPAA BUSINESS ASSOCIATE PRIVACY POLICY

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

12. DO WE MAKE UPDATES TO THIS POLICY?

13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

1. WHY DO WE PROCESS YOUR INFORMATION?

We process your personal information for a variety of reasons, depending on how you interact with our Platform, including:

  • To provide you with a personalized physical activity program.
  • To allow you to track your health metrics as you progress through your physical activity program.
  • To demonstrate the effectiveness of physical activity program on population health.
  • To improve our program.
  • To facilitate account creation and authentication and otherwise manage user accounts.
  • To respond to user inquiries/offer support to users. 
  • To send administrative information to you. 
  • To fulfill and manage your orders.
  • To request feedback. 
  • To send you marketing and promotional communications. 
  • To protect our Platform.
  • To evaluate and improve our Platform, products, marketing, and your experience.
  • To comply with our legal obligations.

2. WHAT INFORMATION DO WE COLLECT?

The personal information that we collect depends on the context of your interactions with us and the Platform, the choices you make, and the products and features you use.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Personal Information Provided by You

  • Name and Contact data: Your first and last name, email address.
  • Credentials: Your username, passwords and similar security information.
  • Other Personal data: Your date of birth, gender.
  • Contact Preferences: Your contact preferences such as marketing consent.

Sensitive Information

  • Health data: For example, health conditions, resting heart rate, weight, blood pressure, which is used by the algorithm to develop a personalized physical activity program.
  • Physical activity data: Physical activity intensity minutes, daily step count, the type of physical activity (for example walking), heart rate during physical activity and effort rating.

Mobile Application Data

  • Geolocation Information: We may request access or permission to track location-based information from your mobile device, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
  • Mobile Device Access: Your mobile device’s sensors, camera, HealthKit (iOS), Google Fit (Android), and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
  • Mobile Device Data: Your mobile device ID, model, and manufacturer, operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.
  • Push Notifications: We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings.

Information automatically collected

  • Log and Usage Data: Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Platform and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity on the Platform (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’), and hardware settings).

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents (‘third parties‘) who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. The categories of third parties we may share personal information with are as follows:

  • Healthcare Organizations: If you have been referred to the mobile application by your organization (and have signed up using an invite code), we will shareidentifiable personalizedas explicitly stated in your invitation and included in your onboarding consent experience.
  • Employee offered programs: If you have been referred to the mobile application by your organization (and have signed up using an invite code), we will provide higher level aggregated and anonymized data to that organization so that they can analyze general trends.
  • Research program: If you have been referred to the mobile application by your organization (and have signed up using an invite code), we will provide higher level aggregated and anonymized data to that organization so that they can analyze data for the specific research you’ve consented to participate in.
  • Data Analytics Service: We may use third-party Service providers to monitor and analyze the use of our Service. Including but not limited to:

    We also may need to share your personal information in the following situations:

    • Business Transfers: We may share or transfer your 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.
    • 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 subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
    • Business Partners: We may share your information with our business partners to offer you certain products, services, or promotions.

    4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

    We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Platform.

    Specific information about how we use such technologies and how you can refuse certain cookies can be obtained by contacting us at info@exi.life

      5. HOW LONG DO WE KEEP YOUR INFORMATION? 

      We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than eight (8) years past the start of the idle period of the user’s account.

      When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

      6. HOW DO WE KEEP YOUR INFORMATION SAFE?

      We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process.

      Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

      However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Platform is at your own risk. You should only access the Platform within a secure environment.

      7. DO WE COLLECT INFORMATION FROM MINORS?

      We do not knowingly solicit data from or market to children under 18 years of age. By using the Platform, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Platform. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us using the contact information provided at the bottom of this document.

      8. WHAT ARE YOUR PRIVACY RIGHTS? 

      Withdrawing your consent: If we are relying on your consent to process your personal information, which may be expressed and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact information provided in this policy.

      However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

      Opting out of marketing and promotional communications:You can unsubscribe from our marketing and promotional communications at any time:

      • From within the mobile application, goto your Profile and then Settings
      • Contact us using the contact information provided

      You will then be removed from the marketing lists. However, we may still communicate with you for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

      Account Information

      If you would at any time like to review or change the information in your account or terminate your account, you can:

      • From within the mobile application, go to your Profile and then Account.
      • Contact us using the contact information provided.

      Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

      If you have questions or comments about your privacy rights, you may contact us using the contact information provided at the bottom of this page.

      9. CONTROLS FOR DO-NOT-TRACK FEATURES

      Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (‘DNT’) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy. 

      10. HIPAA BUSINESS ASSOCIATE PRIVACY POLICY

      At EXI we share a commitment with Covered Entities to protect the privacy and confidentiality of Protected Health Information (PHI) that we obtain subject to the terms of a Business Associate Agreement.

      The following is provided to help you better understand how we use, disclose, and protect PHI in accordance with the terms of Business Associate Agreements.

      Definitions

      • Business Associate Agreement (BA Agreement): A formal written contract between EXI and a Covered Entity that requires EXI to comply with specific requirements related to PHI.
      • Covered Entity: A health plan, healthcare provider, or healthcare clearinghouse that must comply with the HIPAA Privacy Rule.
      • Protected Health Information (PHI): PHI includes all “individually identifiable health information” that is transmitted or maintained in any form or medium by a Covered Entity. Individually identifiable health information is any information that can be used to identify an individual and that was created, used, or disclosed in (a) the course of providing a health care service such as diagnosis or treatment, or (b) in relation to the payment for the provision of health care services.

      Use and Disclosure of PHI

      We may use PHI for our management, administration, data aggregation and legal obligations to the extent such use of PHI is permitted or required by the BA Agreement and not prohibited by law. We may use or disclose PHI on behalf of, or to provide services to, Covered Entities for purposes of fulfilling our service obligations to them, if such use or disclosure of PHI is permitted or required by the BA Agreement and would not violate the Privacy Rule.

      In the event that PHI must be disclosed to a subcontractor or agent, we will ensure that the subcontractor or agent agrees to abide by the same restrictions and conditions that apply to us under the BA Agreement with respect to PHI, including the implementation of reasonable and appropriate safeguards.

      We may also use PHI to report violations of law to appropriate federal and state authorities.

      Safeguards

      We use appropriate safeguards to prevent the use or disclosure of PHI other than as provided for in the BA Agreement. We have implemented administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that we create, receive, maintain, or transmit on behalf of a Covered Entity. Such safeguards include:

      • Maintaining appropriate clearance procedures and providing supervision to assure that our workforce follows appropriate security procedures
      • Providing appropriate training for our staff to assure that our staff complies with our security policies
      • Making use of appropriate encryption when transmitting PHI over the Internet
      • Utilizing appropriate storage, backup, disposal and reuse procedures to protect PHI
      • Utilizing appropriate authentication and access controls to safeguard PHI
      • Utilizing appropriate security incident procedures and providing training to our staff sufficient to detect and analyze security incidents
      • Maintaining a current contingency plan and emergency access plan in case of an emergency to assure that the PHI we hold on behalf of a Covered Entity is available when needed.

      Mitigation of Harm

      In the event of a use or disclosure of PHI that is in violation of the requirements of the BA agreement, we will mitigate, to the extent practicable, any harmful effect resulting from the violation. Such mitigation will include:

      • Reporting any use or disclosure of PHI not provided for by the BA Agreement and any security incident of which we become aware to the Covered Entity
      • Documenting such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request for an accounting of disclosure of PHI in accordance with HIPAA.

      Access to PHI

      As provided in the BA Agreement, we will make available to Covered Entities, information necessary for Covered Entity to give individuals their rights of access, amendment, and accounting in accordance with HIPAA regulations.

      Upon request, we will make our internal practices, books, and records including policies and procedures, relating to the use and disclosure of PHI received from, or created or received by the BA on behalf of a Covered Entity available to the Covered Entity or the Secretary of the U.S. Department of Health and Human Services for the purpose of determining compliance with the terms of the BA Agreement and HIPAA regulations.

      11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

      California Civil Code Section 1798.83, also known as the ‘Shine The Light’ law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

      If you are under 18 years of age, reside in California, and have a registered account with our Platform, you have the right to request removal of unwanted data that you publicly post on the Platform. To request removal of such data, please contact us using the contact information provided at the bottom of this document and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Platform, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

      CCPA Privacy Policy

      The California Code of Regulations defines a ‘resident’ as:

      (1) every individual who is in the State of California for other than a temporary or transitory purpose and

      (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

      All other individuals are defined as ‘non-residents’.

      If this definition of ‘resident’ applies to you, we must adhere to certain rights and obligations regarding your personal information.

      What categories of personal information do we collect?

      We have collected the following categories of personal information in the past twelve (12) months:

      CategoryExamplesCollected
      A. IdentifiersContact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account nameYES
      B. Personal information categories listed in the California Customer Records statuteName, contact information, education, employment, employment history, and financial informationYES
      C. Protected classification characteristics under California or federal lawGender and date of birthYES
      D. Commercial informationTransaction information, purchase history, financial details, and payment informationNO
      E. Biometric informationFingerprints and voiceprintsNO
      F. Internet or other similar network activityBrowsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisementsYES
      G. Geolocation dataDevice locationYES
      H. Audio, electronic, visual, thermal, olfactory, or similar informationImages and audio, video or call recordings created in connection with our business activitiesYES
      I. Professional or employment-related informationBusiness contact details in order to provide you our Platform at a business level or job title, work history, and professional qualifications if you apply for a job with usNO
      J. Education InformationStudent records and directory informationNO
      K. Inferences drawn from other personal informationInferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristicsNO

      We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

      • Receiving help through our customer support channels;
      • Participation in customer surveys or contests; and
      • Facilitation in the delivery of our Platform and to respond to your inquiries.

      How do we use and share your personal information?

      EXI collects and shares your personal information through:

      • Targeting cookies/Marketing cookies

      More information about our data collection and sharing practices can be found in this privacy policy.

      You may contact us using the contact information provided at the bottom of this document.

      If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

      Will your information be shared with anyone else?

      We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider.

      We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be ‘selling’ of your personal information.

      EXI has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. EXI has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

      • Category A. Identifiers, such as contact details like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.
      • Category B. Personal Information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history, and financial information.
      • Category C. Characteristics of protected classifications under California or federal law, such as gender or date of birth.
      • Category F. Internet or other electronic network activity information, such as browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements.
      • Category G. Geolocation data, such as device location.
      • Category H. Audio, electronic, visual, and similar information, such as images and audio, video, or call recordings created in connection with our business activities.

      The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under ‘WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?’.

      Your rights with respect to your personal data

      Right to request deletion of the data — Request to delete

      You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

      Right to be informed — Request to know

      Depending on the circumstances, you have a right to know:

      • whether we collect and use your personal information;
      • the categories of personal information that we collect;
      • the purposes for which the collected personal information is used;
      • whether we sell your personal information to third parties;
      • the categories of personal information that we sold or disclosed for a business purpose;
      • the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
      • the business or commercial purpose for collecting or selling personal information.

      In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

      Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

      We will not discriminate against you if you exercise your privacy rights.

      Verification process

      Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

      We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

      Other privacy rights

      • You may object to the processing of your personal information.
      • You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
      • You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
      • You may request to opt out from future selling of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.

      To exercise these rights, you can contact us using the contact information provided at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

      12. DO WE MAKE UPDATES TO THIS POLICY?

      We may update this privacy policy from time to time. The updated version will be indicated by an updated ‘Revised’ date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a policy of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

      13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

      If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), Michael Kaye, by email at michael.kaye@exi.life