Privacy Policy

1. INTRODUCTION
   

Spry Therapeutics Inc., ("Spry Therapeutics," "we ," " us ," or " our ") respects the privacy of its Users (" User ," " your ," or " you "). This Privacy Policy (the " Privacy Policy ") explains how we collect, use, disclose, and safeguard your information when you use Platform through Spry Therapeutics' website at https://www.sprypt.com (the " Website ").

Spry Therapeutics is committed to protecting the privacy of its Users whose information is collected and stored while using Spry Therapeutics' Platform through our Website. This Privacy Policy is applicable to our Website, Platform and all applications offered for sale to the public.

The capitalized terms have the same meaning as ascribed in our Term of Service as applicable, unless otherwise noted here.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE AND PLATFORM.

IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT [email protected] .

WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO.

In addition, even though Spry Therapeutics is not a "covered entity" as defined in the Health Insurance Portability and Accountability Act (" HIPAA "), your healthcare Provider assigned through our Service may be a "covered entity" and therefore subject to the provisions of HIPAA. As a result, for Users in the United States, your Provider has adopted a HIPAA Notice of Privacy Practices (the "Notice of Privacy Practices") to describe how your Provider uses and discloses your protected health information ("PHI"). For Users in Canada, your Provider has adopted the Canadian equivalent of HIPAA, Personal Information Protection and Electronics Document Act ("PIPEDA").

By accessing or using our Service, you accept the practices and policies outlined in this Privacy Policy; you hereby consent that we will collect, use and disclose your information as set forth in this Privacy Policy; and you acknowledge receipt of your Provider's Notice of Privacy Practices. If you are using our Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Privacy Policy and the Provider's Notice of Privacy Practices on such individual's behalf.

We will not disclose, share, sell or rent your information with or to any third party (except to the extent we disclose to Authorized Physicians or Authorized Non-Physician Providers, emergency contacts, and in compliance with regulatory and legal requirements as set out in this Policy), except with your consent, or to the extent necessary, in our good faith judgment to: comply with applicable laws or regulations, respond to a subpoena, order, or similar obligation to produce information; establish or exercise Spry Therapeutics' legal rights or defend against legal claims; or investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or safety of any person. We may use or disclose your email address, but never PHI, information to market a product or service, either directly, or through a service provider or partner that performs services on our behalf.

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2. INTRODUCTION TO SPRY THEAPUETICS
   

Spry Therapeutics has created a state of the art platform (" Platform ") that helps therapists, physicians, physician assistants, nurse practitioners and non-physician staff members ("Providers") manage the life cycle of the treatment from appointment to insurance checks, history taking, medical notes, providing plan of care, assignment of home exercise program and revenue collection of the treatment. The Platform also has allows patients ("Users", "You", "Patient") to access and understand Spry Therapeutics' exercise programs through virtual guidance and monitoring provided by the Platform's features.

Patients and Providers are responsible for determining uses and disclosures of patient medical information maintained in on the Platform, in accordance with their legal and professional responsibilities as health care professionals and state and federal medical privacy laws, including the federal Health Insurance Portability and Accountability Act ("HIPAA"). To the extent that Spry Therapeutics receives or maintains patient medical information in the course of operating this Platform, that information is secured, used and disclosed only in accordance with Spry Therapeutics' legal obligations as a "Business Associate" under HIPAA.

Patient Portal : Spry Therapeutics Users can access the Patient Portal available to patients to enable certain interactions between the User and Providers, including scheduling appointments, discussing medical treatment, sending home exercise program, and enabling User viewing of the exercise programs through virtual guidance. Users are solely responsible for the content of the patient's medical record maintained in the Platform.

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3. TERRITORIAL RESTRICTION
   

Our Website and Platform are only available for use and download outside the European Union. Our Website and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a "European"). If you are a European, please do not download, register, and/or use our Website or Platform. If you are a resident of the United States ("US"), the laws of the State of Delaware, United States shall apply. If you are a resident of any other country, please ensure compliance with all local laws prior to using our Website or Platform. You must comply with this Privacy Policy and our Terms of Service, as applicable.

If you have any questions regarding this Section, please email us at [email protected] .

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4. USE BY MINORS
   

SPRY THERAPEUTICS' WEBSITE, PLATFORM, AND SERVICES ARE NOT MEANT FOR USE BY PEOPLE UNDER THE AGE OF 13. IF YOU ARE UNDER 13, PLEASE DO NOT USE OUR WEBSITE, PLATFORM, AND SERVICES ON YOUR OWN.

Any information you provide us on behalf of your minor child will be treated in accordance with this Privacy Policy. Personal information collected, retained, used, or disclosed about children under age 13 as part of these Services is subject to HIPAA. We do not knowingly collect information for individuals under the age of 13 without the consent of the parent of guardian of the minor. If we learn that we have collected or received any information for an individual under the age of 13, we will only use that information to respond directly to that child (or a parent, legal guardian or personal representative) to inform him or her that he or she cannot use our Service, and subsequently we will delete that information from our own servers.

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5. WHAT INFORMATION DO WE COLLECT?
   

When you register to use our Website or Platform, we collect personal information (also referred to as personally identifiable information or "PII") which may include (1) your name, online contact information such as your email address or username, phone number, and other personal information (2) your login and password; (3) your communications with your Providers; and (4) any information you provide when you contact or communicate with us. We may also collect information from you necessary to provide you with services from your Providers, which may include, but is not limited to: (a) insurance information; and (b) health and medical data (such as previous doctors or other healthcare providers you visited, your reasons for visiting a healthcare provider, date of visit, medical history and condition, medications, and other medical and health information you share with us).

The information so collected will be stored on our servers. You are able to change your personal information via email by contacting us at [email protected] or through your profile or account settings on our Website or Platform.

1. Geolocation and Equipment Information. We may collect information that does not personally identify you such as (i) your geolocation, and (ii) information about your internet connection, the equipment you use to access our Website or Platform, and usage details.
   

2. Financial Information. We currently do not collect or store any credit cards or bank information, as we are using a third-party payment processor. However, we will update this Privacy Policy when we start using and storing such information. We will also inform you via reasonable means if we start collecting such information from you.
   

3. Information collected from your Providers: In addition to the information we collect directly from you, we may also collect certain information from Providers who provide treatment or other services to you in connection with our Service. This information may include, but is not limited to, the Provider's diagnoses, treatment plans (including exercise prescription details) and notes. We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.

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6. HOW DO WE COLLECT INFORMATION?
   

We collect personal information from you in the following ways:

1. At registration on our Website or Platform;
2. In email, text, and other electronic messages between you and our Website or Platform;
3. Through mobile and desktop applications your downloads from our Website or Platform, which provides dedicated non-browser based interaction between you and our Website or Platform;
4. Facilitating the provision of rehabilitation therapy services to you by your Providers, and ensuring your Providers support necessary for operating our Platform;
5. When you interact with our advertising and applications on third-party website and services, if those applications or advertising include a link to this Privacy Policy; and
6. From you placing an order, which includes details of transactions you carry out on our Website or Platform.
   

We collect information from you automatically when you navigate through our Website or Platform in the following ways:

1. Usage details;
2. IP addresses;
3. Information obtained through browser cookies; and
4. Other tracking technologies.

7. HOW DO WE USE YOUR INFORMATION?
   

We use the information that you provide to:

1. Personalize your experience in using our Platform;
2. Present our Website and Platform and their contents to you;
3. Provide you with notices about account and/or subscription, including expiration and renewal notices;
4. Allow you to participate in interactive features on our Website and Platform;
5. Improve the Website and Platform;
6. Improve our customer service;
7. Process transactions;
8. Anonymize data and aggregate data for statistics;
9. Contact you about our products and services that may be of interest;
10. Send you periodic emails, in accordance with the CAN-SPAM Act of 2003 as detailed in Section14, via the email address provided by you to (i) send information, respond to inquiries, and/or other requests or questions; (ii) process orders and send information and updates pertaining to such orders; (iii) send additional information related to your product and/or service; and (iv) market to our mailing list or continue to send email to you after the original transaction has occurred.

8. OUR COOKIE POLICY
   

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as "Cookies."

We use Cookies on our Website to (a) understand and save your preferences for future visits, and (b) compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. You can set your browser to refuse all or some browser Cookies, but it may affect your user experience. We honor Do Not Track signals and, if one is in place, we will not track, plant cookies, or use advertising.

Occasionally, at our discretion, we may include or offer third-party products or services on our Website or Platform. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Website or Platform and welcome any feedback at about these sites. Please contact us at [email protected] .

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9. HOW DO WE PROTECT INFORMATION WE COLLECT?
   

Our Website receive regular security scans and penetration tests. Our Website also receives regular malware scans. In addition, our Website uses an SSL certificate as an added security measure. We require username and passwords for our employees who can access your personal information that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from getting access to your personal information that we store and/or process on our Platform and servers. We accept payment by credit card through a third party credit card processor on our behalf. We will implement reasonable security measures every time you (a) place an order, or (b) enter, submit, or access your information, (c) register, or (d) access our Platform, on our Website.

10. DATA SECURITY MEASURES.
    

1. Security Measures. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website or Platform.
   

2. Fair Information Practice Principles. In the event of a personal data breach, we will notify you within such period as prescribed under the law via (i) email and/or (ii) our Platform notification system on our Website. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
   

3. Open-Source Software: We use the following open-source software in the provision of our Services.

11. ‍DISCLOSURE OF PERSONAL INFORMATION
    

There are times when Personal Information that you have shared with us may be shared by Spry Therapeutics with others to enable us to provide you over Services, including contractors, service providers, and third parties ("Partners"). This section discusses only how Spry Therapeutics may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:

Disclosure of Personal Information.

1. We may disclose aggregated, de-personalized information about you that does not identify any individual to other parties without restriction, such as for marketing, advertising, or other uses.
2. We require all contractors, service providers, and other third parties to whom we disclose your personal information to be under contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose them.
3. We disclose personal information to fulfill the purpose for which you have provided it, for instance, if you gave us an email address to use the "email a friend" feature of the Platform.
4. We may disclose personal information for any other purpose for which you have provided it.
5. We may only disclose personal information as described in this Privacy Policy or your consent.

Other Disclosure of Personal Information.

1. We will disclose personal information (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, or (ii) to enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.

Third Party Disclosure.

1. We do not sell, trade, rent, or otherwise transfer personal information to others, unless we provide you with advance notice. This does not include our hosting partners and other parties who assist us in operating our Website or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
2. We do not provide non-personally identifiable visitor information for marketing purposes.

Communications Between Healthcare Providers And Patient Users.

Our Platform can be used to facilitate one-on-one communications between both healthcare provider and patient users. You should be aware that this Policy covers only the information you submit through our Platform. If you contact or exchange information with another user in person or through a means other than our Platform, such activity is not covered by this Policy.

1. Confidentiality of Health Information: Some of our users, such as Providers, are subject to laws and regulations governing the use and disclosure of health information they create or receive. These laws may include the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the regulations adopted thereunder. When we store, process, or transmit "individually identifiable health information" (as such term is defined by HIPAA) on behalf of a Provider, we do so as its "business associate" (as defined by HIPAA). Under this agreement, we are prohibited from, among other things, using individually identifiable health information in a manner that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of individually identifiable health information we store and process on behalf of such providers. We are also subject to laws and regulations governing the use and information of certain personal and health information, including HIPAA, when we operate as a business associate of a healthcare provider.
2. Service Emails and Other Communications: Our Platform allow you to communicate with others through our in-product messaging services. Communications that are sent by or on behalf of a user are indicated as being "From" that user. Communications that are sent by us are indicated as being from us or one of our account or support specialists assigned to assist you. Either type of communication may be a "real time" communication or communication triggered automatically upon the occurrence of certain events or dates. Email communications from users and our administrative announcements are often transactional or relationship messages, such as workout reminders and message notifications, or other service notifications. If you or your healthcare provider are using our Platform, you may not be able to opt-out of receiving certain messages, although our Services may provide a means to modify the frequency of receiving them. In cases in which we believe user emails are not primarily transactional or relationship messages, there will be the option to opt-out of receiving further emails.
3. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CONTACT YOUR MEDICAL PRACTITIONER DIRECTLY AND/OR CALL 911.

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Choices Users Have About How Spry Therapeutics Uses and Discloses Information.

1. Tracking Technologies and Advertising. You can set their browser to refuse some or all the browser cookies, but if you disable or refuse cookies, some parts of our Website may not be accessible or function properly.
   

2. Disclosure of Users' Information for Third-Party Advertising. Users can opt-out by (i) checking the relevant form when we collect the data; or (ii) emailing us their opt-out request at[email protected]. Users receiving promotional email can opt-out by sending a return email requesting to be omitted from future promotional email distributions. This opt-out will not apply to information provided by Spry Therapeutics for product purchases, warranty registration, or other transactions.

12. YOUR CALIFORNIA PRIVACY RIGHTS
    

Spry Therapeutics does not sell, trade, or otherwise transfer to outside third parties your "Personal Information" as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to [email protected] or write us at Spry Therapeutics Inc., 1207 Delaware Ave #481, Wilmington DE 19806.

Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at [email protected] or write us at Spry Therapeutics Inc., 1207 Delaware Ave #481, Wilmington DE 19806.

California's "Shine the Light" law (Civil Code Section §1798.83) also permits California residents once per calendar year to request and receive information about a business' disclosure of certain categories of Personal Information to other companies for direct marketing purposes. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at [email protected] You must put the statement "Your California Privacy Rights" in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

13. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)

The Children's Online Privacy Protection Act ("COPPA") is a federal legislation that applies to entities that collect and store "Personal Information," as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website and Platform are not meant for use by children under the age of 13. Our Website and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13.

IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR PLATFORM.

14. CAN-SPAM ACT OF 2003
    

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:

1. not use false or misleading subjects or email addresses;
2. identify the email message as an advertisement in some reasonable way;
3. include the physical address of Spry Therapeutics Inc., 1207 Delaware Ave #481, Wilmington DE 19806.
4. monitor third-party email marketing services for compliance, if one is used;
5. honor opt-out/unsubscribe requests quickly; and
6. give an "opt-out" or "unsubscribe" option.

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If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at [email protected] and we will promptly remove you from all future marketing correspondences.

15. MODIFICATIONS TO OUR PRIVACY POLICY
    

Spry Therapeutics reserves the right, at its sole discretion, to change or modify this Privacy Policy at any time. In the event we modify this Privacy Policy, such modifications shall be binding on you only upon your acceptance of the modified Privacy Policy. We will inform you about the modifications on our Privacy Policy page via email, on our Website or Platform by posting a modified version of the Privacy Policy page, or by a comparable means within a reasonable time period. Your continued use of our Website or Platform shall constitute your consent to such changes.

16. LIST OF THIRD-PARTY SERVICE PROVIDERS
    

Spry Therapeutics uses the following third-party service providers for the provision of services as detailed under the Terms of Service, as applicable

17. CONTACT US
    

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Privacy Officer

Email: [email protected]

Address: Spry Therapeutics Inc., 1207 Delaware Ave #481, Wilmington DE 19806.

PLEASE NOTE: IF YOU USE OUR WEBSITE OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR TERMS OF SERVICE, AS APPLICABLE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE OR PLATFORM.