Effective date: July 1, 2024

Introduction

Noctrix Health, Inc. (“Noctrix”, “we”, “us” or “our) conducts business within the United States. We understand the importance of privacy to our customers, visitors, suppliers, business partners, employees, and other individuals (“you”, the “user”, or “data subject”). We are committed to protecting and respecting your privacy.

This Noctrix privacy policy (“Policy”) applies only to information collected through the website on which it is posted (“Site”) as well as any other applications (apps), events, newsletters, communications, or services provided by or on behalf of Noctrix that link or reference this Policy (“Services”). It does not apply to third-party platforms or to other Noctrix-operated websites or other Noctrix-operated platforms where it is not linked or referenced. This Policy may be supplemented or amended from time to time by additional privacy notices (“Privacy Notices”), provided at the time we collect your information. For example, certain pages of this Site may contain Privacy Notices providing more details about the information we collect on those pages, why we need that information, and choices you may have about the ways we use that information. In other cases, specific Privacy Notices may be required to comply with the privacy laws of one of the countries, provinces, or states in which we do business.

Some of the information we collect through this Site or using our Services may be “Personal Data” as defined below. Among other things, this Policy describes:

• What information we collect about you
• How and on what basis we use the information we collect
• How we collect your Personal Data
• How long we keep your Personal Data
• How we share the information we collect
• How we protect your information
• How you can access and control your information
• How you can contact us

If you have a disability, you may request access to this Policy in an alternative format by contacting info@noctrixhealth.com.

Where any of your Personal Data is processed based on your consent, you may revoke your consent to the collection, use, disclosure, and transfer of your information as described in this Policy (and any Privacy Notices that apply to you) by contacting us directly at info@noctrixhealth.com.

Complete agreement for use of the Site

This Policy is part of the Terms of Use that govern your use of this Site. A link to our Terms of Use is provided at the bottom of each page of this Site.

Except as written in any other disclaimers, policies, or other notices on this Site, this Policy and the Terms of Use are the complete agreement between you and Noctrix with respect to your use of this Site. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use. There may be additional terms that apply to particular materials on or sections of this Site.

Changes to this Policy

Noctrix reserves the right to update or modify this Policy and any Privacy Notice, at any time and without prior notice, by posting the revised version of the Policy or Privacy Notice on this Site. These changes will only apply to the information we collect after we have posted the revised Policy or Privacy Notice on this Site.

What is Personal Data?

Personal Data means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

How do we collect your Personal Data?

How we collect Personal Data will depend upon the nature of your dealings with us. We collect and use non-Personal Data differently from Personal Data. Whenever it is reasonable and practical to do so, we will collect your Personal Data directly from you. We may also collect Personal Data from third parties, including in the course of providing products to you such as from our distributors, your healthcare practitioners, your caregiver/family member, guardian, publicly available information and databases supplied by third parties.

If you are one of our suppliers, distributors or a healthcare professional that uses our products, your Personal Data may be collected from you, your employer, other employees, or third parties. Similarly, if you are a prospective employee, we may collect information through third parties such as recruiters.

If you choose not to provide some Personal Data to us, this may affect our ability to provide products or services to you.

Information We Collect

Generally, Personal Data we collect may include but is not limited to:

• Name and contact details
• Details of your company, industry, role and accreditations
• Information from your visits to our websites, including the IP address, type of browser, device (including unique device identifiers) and operating system you use, network information, access times, pages viewed, links clicked on, cookie information
• Details of products you have inquired about or that we have supplied to you, including any additional information necessary to deliver those products and to respond to your inquiries
• Credit information, payment, credit card and debit card or bank account information for product deposits, purchases or refunds
• Information that you provide to us directly through one of our websites, apps or that you email to us
• Information you provide in customer surveys, interviews or case studies

Product User Data

If you are a someone who uses our products including clinical trial participants: we may collect additional specific information about your use of our products and you, such as your gender, date of birth, your medical history and conditions, treatment, device information, family and social history, medical inquiries you or your physician make, and adverse events you report. We may receive some of this information from third parties, such as our distributors or your health care professional. Some of this information may be, but is not always, anonymized, or de-identified. If you are a clinical trial participant, your information will be used in accordance with the informed consent and applicable law.

Suppliers, Customers or Other External Stakeholder Data

If you are a supplier, customer, distributor, or a healthcare professional: we may collect additional specific information including information about your professional details, practice specialty and areas of interest, membership of professional associations, product usage and your dealings with us.

Employees, Contractors and Applicants

If you are an employee, contractor, or applicant: we may collect additional specific information including your gender, date of birth, contact details, information collected in our employment records, including tax file number, job application, reference checks, curriculum vitae/resume, records of training, documentation of performance appraisals and disciplinary matters, employment terms, and medical condition or history. We may receive some of this information from third parties such as recruiters or from reference checks.

Personal Data You Manually Provide through this Site

Noctrix collects the information you manually provide (e.g., using your keyboard, mouse, or touchscreen) when you use this Site. For example, we collect the information you provide if you choose to complete a pre-screening questionnaire entitled, “Am I a Candidate?” or similar questionnaire, contact us with questions, or otherwise interact with this Site. Some of the information you may choose to manually provide will be Personal Data including but not limited to:

• Contact data: such as name, title, address, phone number, mailing address, and email.
• Communication data submitted by you: such as questions and feedback.
• Demographic data: such as language, age, and gender.
• Marketing preferences: such as e-mail subscription and frequency preferences.

For the Personal Data that you manually provide through this Site, we will use your Personal Data in accordance with the authorization that you complete when you provide your Personal Data to us.

Information Automatically Collected through this Site

Noctrix collects information through this Site by using cookies and other tracking technologies to analyze performance and traffic on our Site and to collect information about your use of this Site including pertaining to viewing content related to health conditions, your IP address, session statistics, or your browser and device information (collectively, “information”). If you provide your authorization or consent, we share this information with third-party companies to enhance your web experience and services while using our website. We will not share this information with third-party analytics companies without your authorization.

Our Legal Basis for Processing Personal Data

We may process your Personal Data for a legitimate legal basis (e.g., To fulfill our obligations to you under a contract). If you purchase a product from us, we may process your personal data in order to fulfill our contract with you.

As required by law. Where we are required to comply with our legal obligations, or to establish and defend our legal rights, or to prevent and detect crimes such as fraud.

How We Use Your Information

Collected through this Site

We may use the information we collect through this Site for various purposes, including but not limited to:

• To provide you with access to this Site.
• To respond to your requests.
• To personalize your access to our Site.
• To develop records (including records of your Personal Data).
• To contact you with pertinent information about products, clinical trials, or important safety information, and about products and services of ours and of others.
• For analytical purposes and to research, develop, and improve programs, products, services, and content.
• To remove your personal identifiers. Once we have de-identified information, it may be considered non-Personal Data and if so we may treat it like other non-Personal Data.
• To enforce this Policy and other rules about your use of this Site.
• To protect someone’s health, safety, or welfare.
• To protect our rights or property.
• To comply with a law or regulation, court order or other legal process, such as preventing, detecting, and investigating security incidents and potentially illegal or prohibited activities.

Collected through our Services

Generally, the purpose for which we collect Personal Data will be apparent from the way in which we collect it or will be disclosed before or at the time of collection. We may use your information, including Personal Data to:

• Provide you and your healthcare professionals with product support.
• Respond to and fulfill queries and requests you, your healthcare professional and our distributors and suppliers may make.
• Administer, improve and promote our products.
• Analyze the performance of our products.
• Improve our services and services of our third-party suppliers and distributors.
• Monitor the safety of our products and record, analyze and respond to and act on medical queries, complaints and safety reports and to report as required to regulatory bodies and other relevant companies which market and sell our products.
• Notify you of matters concerning the safety of our products which we consider you should be notified of or to notify you as may be required by law or regulation.
• Generate and maintain customer lists for the purposes of our own market research and to enable us or our distributors to undertake marketing to you and others.
• Perform clinical trials and other research organized by us which you have agreed to be involved in.
• Administer patient support, health awareness/management programs or other similar programs organized by us.
• Organize and administer conferences, symposia, seminars or other events and meetings.
• Generate and maintain our investor information to comply with legal requirements and to enable reporting to investors.
• Provide you with information such as our press releases.
• To maintain our register of shareholders and investor communication lists and to make offers and communicate with our shareholders and investors.
• Comply with applicable laws, regulations, guidance, codes of conduct, product approvals, license requirements and ethical requirements including to comply with demands or requests made by regulators, governments, courts and law enforcement authorities.

How We Share Your Information

Our headquarters are in the United States. We may have offices, use service providers, and have distributors in other jurisdictions and may disclose your information to other companies in our corporate group, or to databases or servers overseas which may be provided to us by our third-party service providers. As a result, your Personal Data may sometimes be shared with others and transferred and processed outside of your home country. We may share your Personal Data with:

• Companies within our group.
• Third parties who we have a business relationship with, including distributors, agents, suppliers, healthcare professionals and advisors. This would also include companies that provide technology services to us, our professional advisors, and auditors.
• Governments, regulators, courts, and law enforcement authorities.
• Other third parties in connection with any reorganization or sale of all or any part of our business.

We will not sell, share, or otherwise distribute Personal Data about you to any person, except as provided in this Policy and in accordance with applicable law and regulation. The circumstances in which we may disclose that information include where:

• We may share your information with selected third-party service providers in connection with our business operations, for example, email or cloud service providers.
• We expressly tell you at the time you supply the information, or it is expressly permitted under any agreement with you.
• The information is aggregated and/or no longer personally identifiable.
• It is necessary to provide you with the products which you have requested.
• It is requested by third parties for use in the ordinary operation of our business. We will only disclose your Personal Data to reputable third parties and only on a confidential basis.
• Disclosure is in response to demands or requests made by regulators, governments, courts, and law enforcement authorities.
• Permitted or required by law, regulation, or applicable guidance.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the stated categories in this privacy policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. End users can opt out of receiving further messages by replying STOP or ask for more information by replying HELP. Message frequency may vary. Message and data rates may apply.

How We Protect your Information

Noctrix takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information we collect. Although we seek to use reasonable measures to help protect your information against unauthorized use or disclosure, we cannot guarantee the security of information provided over the Internet or stored electronically, whether by us or a third party.

Transfer and Storage of your Personal Data

Noctrix is headquartered and conducts its business operations in the United States. As such, if you are located in another country, we may store, collect, transfer, and process your Personal Data outside of your country of residence. By using this Site or otherwise providing your information to Noctrix, you acknowledge and agree that your information will be handled in accordance with this Policy and the laws of the United States and may no longer be subject to the laws of your country.

Retention of Your Information

We will always keep Personal Data for the period required to comply with applicable laws, regulations, guidance, codes of conduct, product approvals, license requirements, ethical and safety requirements. We may also maintain your information as required to comply with any contract to which we are a party. Otherwise, we keep your Personal Data for as long as Noctrix has legitimate business purposes such as to provide you with access to product and longer to assist us in best addressing any safety matters that may arise with respect to our products, or, where you have contacted us with a question or request, for as long as necessary to allow us to respond to your question or request.

Children’s Privacy

This Website is not targeted to children under the age of 18 and we do not knowingly collect or solicit Personal Data about such children. If we discover that a child has provided us with Personal Data online through this Website, we will delete this information as quickly as possible. If you believe we may have received Personal Data from a child under the age of 18, please contact us immediately.

Your Rights

You may revoke your consent for the receipt of communication that we send to you at any time by using the “unsubscribe” functionality included in our emails to you or by contacting us directly at info@noctrixhealth.com.

You should note that this will not affect all communications from us, for example, we are legally required to provide notices such as notification of a data breach in which case you should expect to receive a notification via email. It is important that the Personal Data we hold about you is accurate and current. Please let us know if your Personal Data changes.

You may make a request to access, confirm processing, correct, or delete your Personal Data or otherwise object to our processing of such Personal Data by contacting us directly. We will respond to reasonable requests in accordance with applicable law and subject to legal and contractual restrictions. We will not discriminate against you for exercising these rights.

There may be times where we cannot comply with your request. For example, if such disclosure would interfere with the privacy of others or if it would result in a breach of confidentiality. We will provide an explanation for our refusal to grant access.

California residents, please also see the respective Privacy Addendum.

Links to Other Websites

This Policy applies only to the Noctrix-operated websites on which it is posted. Noctrix and its affiliates may operate different websites for different purposes and in different countries, where different laws may apply. If you visit another Noctrix website, please take a moment to review the privacy policy posted on that site to learn what information may be collected through that site and how it is processed. This Site may also contain links to websites that are not operated by or on behalf of Noctrix or its affiliates. These links are provided for your reference and convenience only and do not imply any endorsement of the products sold or information provided through these websites, nor any association with their operators. Noctrix does not control these websites and is not responsible for their data practices. Any information you provide to third parties on their websites is covered under their privacy and data collection policies and is not covered by this Policy. We urge you to review the privacy policy posted on any site you visit before using the site or providing any Personal Data.

Contact Us

If you have any questions regarding this Policy or about our privacy practices, or need to contact us for purposes related to this Policy, please contact us on the below details:

Email: info@noctrixhealth.comMail:
Noctrix Health, Inc.
6700 Koll Center Pkwy
Suite 310
Pleasanton, CA 94566

Addendum: California Residents Privacy Notice

Effective July 1, 2024

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Site does not respond to Do Not Track (“DNT”) signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.

California’s Shine the Light law

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us using the contact information provided in this Policy.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, you can contact us using the contact information provided in this Policy and include the email address associated with your account.

Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.