General

These Terms of Use govern your access to and use of www.bioheart.kinsta.cloud, the Bioheart device, the software embedded within the Bioheart device, the mobile application, and the services, features and content or applications offered from time to time (“Services”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES. We reserve the right, to change, modify, add or remove portions of these Terms of Use at any time.  You should review these Terms of Use periodically for changes. If changes have been posted, your continued use of the Services will mean that you accept and agree to the changes.

Use Of Bioheart

The Services allow you to track, manage and share information related to your heart’s health. These Terms of Use relate strictly to the use of the Bioheart device and should not be considered with relation to other services and devices offered by Biotricity.  The Services are to be used by individuals looking for lifestyle and wellness solutions. The Services are not intended to be prescribed by a medical professional for diagnostic purposes, and any health vitals gathered through the use of the Services are not primarily intended for clinical interpretation. Should you consult a medical professional, it is at the discretion of the medical professional as to whether they will consider the data gathered from the Services for diagnostic purposes. The Services may include functionality to permit the submission of your content, whether manually at the direction of users of the Services or automatically in accordance with your Account settings (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You warrant and represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User Content includes, without limitation, any user profile information you submit and make publicly available and any information collected by the Bioheart device. You understand that we do not guarantee any confidentiality with respect to User Content that you submit and make available to others. You shall be solely responsible for User Content you submit or allow to be collected and the consequences of our posting or publishing such User Content. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to edit, modify, truncate, aggregate, use, reproduce, distribute, prepare derivative works of, modify, display, perform, publish and otherwise commercially exploit all or any portion of the User Content in connection with our provision of the Services and our (and our successors’) business, including without limitation for informational and analytical purposes.

Use Of Content

All text, graphics, images, audio, video, user interfaces, visual interfaces, logos, trademarks artwork, design, layout and other material along with product names, domain names, taglines, and computer code  are made available to you through the use of the Services (collectively referred to as “Content”). The Content is owned, controlled or licensed by or to Biotricity, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided in these Terms of Use, no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. Any person or entity who interacts with the Content through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Content. Where you are able to download particular Content, you may download one copy of such Content to a single computer for your personal, non-commercial home use only, provided that you do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Biotricity. You may not use the Content in a manner that suggests an association with any of our products, services or brands. If you would like information about obtaining Biotricity’s permission to use the Content on your website, email legal@biotricity.com

Violations

You may not use the Services for any purpose that is unlawful, or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Biotricity or others. We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Accounts

Some of our Services permit or require you to create an account. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify us promptly at legal@biotricity.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Services. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Biotricity immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Biotricity or any other user  due to someone else using your Biotricity ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Biotricity ID, password or account at any time without the express permission and consent of the holder of that Biotricity ID, password or account. Biotricity cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We may suspend or terminate your account and your ability to use any of the Services or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular Service.

Unauthorized Access

You may not attempt to gain unauthorized access to any portion or feature of the website, mobile application, any other systems or networks connected to the website or mobile application, to any Biotricity server, or to any of the services offered by Biotricity, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the website or mobile application or any network connected, nor breach the security or authentication measures on the website or mobile app or any network connected to the website or mobile application. You may not reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the website or mobile application, or any other customer of Biotricity, or exploit the website or mobile application or any service or information made available or offered by or through the website or mobile application  in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website or mobile app.

Software

In the event that we offer downloads of software through our Services and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, BIOTRICITY HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, BIOTRICITY SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE.

Product Information

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the website are subject to change at any time without notice. Certain measures and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the website does not imply or warrant that these products or services will be available. Products displayed on the website may also be available in select department and/or company-owned stores in the United States and select foreign markets while supplies last. They may be on third-party retail websites.  In some cases, merchandise displayed on the website may not be available in stores and third party storage facilities. We make no representations or warranties that any of the products or services displayed on the website will be available at any time or location.

Site Transactions

If you wish to purchase any product through the website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Biotricity the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Any prices displayed on the website are quoted in U.S. Dollars. Acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, and we reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

Returns

If you are not  satisfied with products that you purchased directly through the website, you are entitled to a full refund  if the following conditions are met:

1. You can only request a refund within 30 days of payment of a product through our website. We will not provide a refund if you have purchased the product through other retailers.
2. The product and its associated accessories in the original packaging are fully operational, in good physical condition and aesthetically pristine (i.e. no scratches, marks, tears, dents, cracks, holes, imprints and other blemishes).
3. The product and the associated accessories that were part of the original packaging have not been lost and can be returned.

To request a refund, please email legal@biotricity.com for  a return authorisation. Once our Team provides you with a return authorisation confirmation, you can send the device back to us provided the above three conditions have been met. If your return fails to meet any of the above conditions, we may refuse to accept it or charge a restocking fee of 20% of the original price.

Data And Privacy

You can find out more about how we use and process your information in our Privacy Policy.

Limitation Of Liability

Biotricity makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Services. Any use of the Services is at your own risk. Changes are periodically made to the Services and may be made at any time. Biotricity further reserves the right to modify, suspend, or discontinue any Services  (including any changes to or removal of Content) at any time with or without notice to you, and Biotricity shall not be liable to you or to any third party should it exercise such rights. Some Content on the Biotricity website may be provided by third parties, and Biotricity will not be held responsible for any such Content provided by third parties. BIOTRICITY DOES NOT WARRANT THAT THE PRODUCTS, WEBSITE OR MOBILE APPLICATION WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR MOBILE APPLICATION OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, BIOTRICITY WILL NOT BE RESPONSIBLE FOR THOSE COSTS. THE PRODUCTS, WEBSITE, MOBILE APPLICATION AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BIOTRCITY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. BIOTRICITY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU IN CONNECTION WITH ANY SERVICE OFFERED BY BIOTRICITY BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE BIOTRICITY FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. BIOTRICITY IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE WEBSITE.

Disclaimer Of Certain Damages

Your use of the Services is at your own risk. If you are dissatisfied with any of the Services or with these Terms of Use, your sole remedy is to discontinue use of the Services. IN NO EVENT WILL BIOTRICITY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOTRICITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE BIOTRICITY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW.

Intellectual Property Rights And Content

Biotricity is the sole and exclusive owner of all copyright, patents, trademark, trade secret and other ownership and intellectual property rights related to the Services, and any related materials and documentation. No title or ownership thereof is transferred to you hereunder. Biotricity reserves all rights not expressly granted hereunder.

Links To Other Sites

The website may contain links to third-party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Biotricity of the contents on such third-party websites. Biotricity is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.

Third-Party Applications

On the website, you might have an opportunity to download applications that were developed by third parties. Biotricity is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk.

Indemnity

By using the Services, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless Biotricity, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use or your violation of any law or rights of a third party.

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Copyright Policy

Biotricity respects the intellectual property rights of others. It is Biotricity’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties. If you are a copyright owner, or are authorized to act on behalf of one, and you believe materials on the website or our Services infringe your rights in your copyright-protected work, please submit a copyright infringement notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the below-specified Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notification may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. Our Copyright Agent to receive notification of claimed copyright infringement can be reached as follows: By email: legal@biotricity.com By mail:  Biotricity, Inc 203 Redwood Shores Pkwy, Suite 600, Redwood City CA 94065

Governing Law; Dispute Resolution

You agree that all matters relating to your use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nevada without regard to its conflicts of laws provisions. You agree to the jurisdiction of the state of, and federal courts in, Nevada, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Biotricity and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Void Where Prohibited

Biotricity administers and operates the www.bioheart.kinsta.cloud from its location in Redwood City, California USA; other Biotricity sites may be administered and operated from various locations outside the United States. Although this website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on this website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Biotricity reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Sites is void where prohibited. If you choose to access the Sites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws

Termination

This Agreement is effective unless and until terminated by either you or Biotricity. You or Biotricity may terminate this Agreement at any time by discontinuing use of the Services.

Waiver

Biotricity’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Biotricity’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Biotricity  to exercise or take advantage of any right or remedy that Biotricity has or may have hereunder, operate as a waiver of any right or remedy.

Severability

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

 

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short:  We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and services, when you participate in activities on the Website or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following: names; phone numbers; email addresses; mailing addresses; and other similar information.

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.

Information automatically collected

In Short:  Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

• 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 Website 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 in the Website (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).
• Device Data.We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
• Location Data.We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

Information collected from other sources

In Short:  We may collect limited data from public databases, marketing partners, and other outside sources.

In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion.

Information collected from use of our products

In Short:  If your healthcare provider prescribes one of our products or services, or if you chose to purchase one our products or services which is not prescribed, we will collect information regarding your health vitals.

Your physician may prescribe one of our products or services to you to monitor some of your health vitals or diagnose certain ailments. You may also choose to purchase our products and services. When using our products, health information will automatically be collected either for your physician’s review or for your own self-monitoring. Health information includes, but is not limited to, temperature, pulse rate, blood pressure, ECG data, height, weight, blood group and logs for food, weight change, sleep, water, medications, fitness, exercise information and other health vitals as determined by the product or service. In most cases you are not required to provide this information requested unless your Healthcare Provider advises otherwise. Any Personal Health Information (PHI) will be treated as according to HIPAA rules.

2. HOW DO WE USE YOUR INFORMATION?

In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To facilitate account creation and logon process.You may also be required to create an account under the instructions of your physician. Alternatively, you may choose to link your account with us to a third-party account (such as your Google or Facebook account). In both instances, we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
• To post testimonials.We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at legal@biotricity.com and be sure to include your name, testimonial location, and contact information.
• Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
• To enable user-to-user communications.We may use your information in order to enable user-to-user communications with each user’s consent.
• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
• Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.
• To deliver and facilitate delivery of services to the user.We may use your information to provide you with the requested service.
• To respond to user inquiries/offer support to users.We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
• To send you marketing and promotional communications.We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
• Deliver targeted advertising to you.We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
• Diagnostic Services. Healthcare providers may prescribe our products and services to diagnose or treat medical issues you may have. The health information derived from these devices will be used by the healthcare provider to determine treatments for you.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

• Consent:We may process your data if you have given us specific consent to use your personal information for a specific purpose.
• Legitimate Interests:We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract:Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
• Legal Obligations:We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests:We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved. More specifically, we may need to process your data or 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.
• On Physician’s Behalf: We will share information derived from use of our products or services as prescribed by your physician with your healthcare provider.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.

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 notice will require us keeping your personal information for longer than 2 years unless required by your healthcare provider or healthcare regulations.

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?

In Short:  We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. 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 Website is at your own risk. You should only access the Website within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, 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 Website. 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 at legal@biotricity.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Cookies and similar technologies: 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 Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

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. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

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 the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, 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 Website, 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:

 

Category	Examples	Collected
A. Identifiers	Contact 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 name	YES
B. Personal information categories listed in the California Customer Records statute	Name, contact information, education, employment, employment history and financial information	YES
C. Protected classification characteristics under California or federal law	Gender and date of birth	YES
D. Commercial information	Transaction information, purchase history, financial details and payment information	YES
E. Biometric information	Fingerprints and voiceprints	NO
F. Internet or other similar network activity	Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements	YES
G. Geolocation data	Device location	YES
H. Audio, electronic, visual, thermal, olfactory, or similar information	Images and audio, video or call recordings created in connection with our business activities	NO
I. Professional or employment-related information	Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us	NO
J. Education Information	Student records and directory information	NO
K. Inferences drawn from other personal information	Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics	YES

 

We may also collect other personal information outside of these categories 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 Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found above (Section 3) in this Privacy Policy.

You may contact us by visiting https://biotricity.com/contact-us/, or by referring to the contact details at the bottom of this page.

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.

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. If, 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 data unless otherwise required by your healthcare provider.
• you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
• 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 a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by visiting https://biotricity.com/contact-us/, or by referring to the contact details at the bottom of this page. If you have a complaint about how we handle your data, we would like to hear from you.

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

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 notice 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.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at legal@biotricity.com or by post to:

Biotricity, Inc
203 Redwood Shores Pkwy,
Suite 600.
Redwood City CA 94065