1. INTRODUCTION

Syqe Medical Ltd. and its wholly-owned subsidiaries (“Syqe,” “we,” or “us”) have created this privacy notice (the “Privacy Notice” or “Notice”) to demonstrate our firm’s commitment to our user’s right to privacy. This Privacy Notice sets Syqe’s privacy policies and practices in relation to information that we collect through Syqe’s website (www.syqe.com) (the “Website”).  

This Privacy Policy supplements our Cookies Policy. Please note that a separate Privacy Notice and Terms of Use applies to our Services and mobile application (as defined below) and is provided to individuals using our Services prior to processing their data.

WE STRONGLY URGE YOU TO READ THIS PRIVACY NOTICE AND MAKE SURE THAT YOU FULLY UNDERSTAND AND AGREE TO IT. IF YOU DO NOT AGREE TO THIS NOTICE, PLEASE DISCONTINUE AND AVOID BROWSING THE WEBSITE.

2. YOUR CONSENT

By using the Website, you consent to the terms set forth herein regarding the collection and use of your information. By contacting us, including filling out the contact form on the Website, you consent to the inclusion of your contact details and the information you provide in our database. Specific consent in relation to the collection and use of your data within the Services (as defined below) is also collected through our consent form.

3. DEFINITIONS

“Applicable Laws” means any privacy and data protection laws or other laws and regulations applicable to Syqe, to the extent applicable to Syqe, including the GDPR.

“GDPR” means the General Data Protection Regulation (EU) 679/2016.

“Device” means the SyqeAir Inhaler and its accessories developed by Syqe Medical Ltd.

“Personal Information” means personally identifiable information, namely information that identifies an individual or may cause the identification of an individual with reasonable efforts, and shall include “Personal Data” as defined under the GDPR.

The terms “Controller,” “Processor,” “Processing,” and “Data Subject” shall have the meanings ascribed to them or any essentially similar terms in the Applicable Laws.

“Patient” means a person who has been prescribed medical treatment with the Device and is a registered user of the Device and our Services.

“Physician” means a qualified medical doctor who is registered on our Website and Services.

“Services” shall have the meaning ascribed to it in our Terms of Use.

“Users” means any individual who browses our Website, including Patients and Physicians.

4. THE INFORMATION WE COLLECT AND HOW WE COLLECT IT
   • Personal Information that you provide us with

Personal Information received from Users. The visitors to our Website, such as existing and/or potential Patients and Physicians, business representatives of our service providers and business partners; and other Data Subjects, may provide us Personal Information voluntarily on our “Contact Us” form, or when contacting us via SMS, email or our business WhatsApp account, such as their name, e-mail address, address, phone number (“Contact Details”), name of the workplace. Users may also provide us with additional information, such as a description of their personal circumstances and medical condition. Please note that our Website is intended to provide general information. The Website is not intended for providing medical advice and/or collection of health data. Please do not provide us with health data on the Website.

When you use our Services or contact us, we may collect additional information as detailed in the applicable privacy policy you will be provided with prior to using our Services.

• Personal Information that we collect automatically from you

We automatically collect Personal Information. When a Data Subject visits or uses our Website, we may collect its IP address, geo-location, and other online identifiers through cookies. For more information, please see our Cookies Policy.

When you visit, interact with or use our Website, including any e-mail sent to you by us, we may collect or generate technical data about you and your use of the Website. Such, information consists of connectivity, technical or aggregated usage data, data regarding the device, operating system, browser version locale and language settings used, the cookies and pixels installed on such device, and the activity (clicks and other interactions) of users of our Website. We collect or generate such data either independently or with the help of third-party services, including cookies and other tracking technologies, as further detailed in our Cookies Policy.

5. HOW WE USE THE PERSONAL INFORMATION (THE PURPOSES OF PROCESSING)

We will use your Personal Information for the following purposes, in accordance with Applicable Laws:

• To facilitate, operate, and provide our Website and information related to the Services;
• To provide Users with assistance and technical support;
• To further develop, customize and improve the Website and your User experience based on personal or general experiences and difficulties;
• To contact our Users (via e-mail or any other available channels) with general or personalized service-related messages (such as system maintenance notices); to contact our Users with updates messages (such as new features and services, etc.);
• To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error, or any illegal or prohibited activity;
• To create aggregated statistical data, inferred anonymized or pseudonymized data, which our business partners or we may use to provide and improve our respective services; and
• To comply with any applicable laws and regulations, including performing any reporting and notifications obligations we may be subject to, to competent governmental agencies and authorities.
• To transmit marketing and promotional communications regarding the Services subject to your consent, where such consent is required. We may also contact you via the email you provide us with to notify you about new services or any other information we think you will find valuable. If you wish not to receive such promotional communications, you may notify us at any time by contacting us by following the “unsubscribe” instructions in the promotional communications you receive.

6. RETENTION: HOW LONG DO WE RETAIN YOUR INFORMATION?

6.1 We retain Personal Data for various reasons and periods of time, as required by Applicable Laws or for the performance by contracts we are bound to and/or to fulfill our legitimate interests; and/or as permitted by Applicable Laws. For example, we will retain the Personal Information of contact persons who are the personnel of our business partners, service providers, suppliers, distributers, and the personnel of Physicians for as long as we have a business relationship with such parties.

6.2 Users: Syqe Medical Ltd. shall retain Users’ Personal Information for as long as such individuals are using our Services. If a User ceases to use our Services, we may continue to retain the Personal Information of that User for the period required by our legal and regulatory obligations and/or for accounting purposes (i.e., as required by Applicable Laws regulating our Services, for bookkeeping purposes, and to have proof and evidence concerning our relationship with that User, should any legal issues arise following the User’s discontinuance of use of our Services).

6.3 Please note that except as required by Applicable Laws, we will not be obligated to retain your data for any particular period, and we are free to delete it for any reason securely and at any time, with or without notice to you.

7. WHO DO WE SHARE INFORMATION WITH?

We may share your Personal Information with certain third parties, including law enforcement agencies, our Service Providers, and our affiliates, as detailed below:

1. Compliance with Applicable Laws, Legal Orders, and Authorities. We may disclose or allow government and law enforcement officials access to certain Personal Information, in response to a subpoena, search warrant, or court order (or similar requirement) or in compliance with Applicable Laws, including for national security purposes. Such disclosure or access may occur with or without notice to you if we have a good faith belief that we are legally compelled to do so or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
2. Service Providers and Business Partners. We may engage selected third party companies and individuals to perform services complementary to our own (such as data hosting services, data analytics services, e-commerce, user engagement services, e-mail distribution and monitoring services, research and development services, and our business, legal, financial and compliance advisors) (collectively, “Service Providers”). These Service Providers may have access to Personal Information, which may vary and shall be limited to the information necessary for the performance of the specific roles and purposes in facilitating the purposes of our Website and Services, and shall be subject to privacy and data protection obligations.
3. Third Parties. We may share Personal Information in connection with any proposed or actual reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of the Company business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

To remove doubt, Syqe may share Personal Information gathered through the Website and Services in additional manners, pursuant to the Data Subject’s explicit approval, if we are legally obligated to do so or if we have successfully rendered such data non-personal and anonymous.

We may share or otherwise use non-personal information at our sole discretion and without the need for further approval.

8. SECURITY MEASURES

8.1 Syqe maintains physical, electronic, and procedural safeguards to protect Personal Information, including as required by Applicable Laws. We restrict (and require our service providers to restrict) access to Personal Information to personnel who need to know that information to facilitate the operation of this Website and/or provide our products and Services or to persons that have been duly authorized by Data Subjects to access their Personal Information. While we strive to protect the Personal Information entrusted to us, we cannot guarantee the security of any information transmitted to us, particularly information transmitted on the Internet.

8.2. When you contact us through messaging services such as email, SMS message, or WhatsApp (always make sure you are messaging the verified Syqe business WhatsApp account with the blue V), you are using your private account associated with third-party-owned services. Any such use is subject to those third-party services’ terms of use and privacy policies and is made under your sole discretion and responsibility. Syqe cannot assure and does not assume any responsibility for information security or protection of your privacy rights when using any of the aforesaid services to contact us.

9. YOUR RIGHTS REGARDING YOUR PERSONAL DATA

• Please note that you may have certain rights regarding the manner of collection, Processing, and usage of your Personal Information pursuant to Applicable Laws.
• You may have all or some of the following rights, depending on your jurisdiction, and, in most cases, you can exercise them free of charge. At any time, you may contact us at: privacy@syqemed.comand request to know what Personal Information we keep about you. We will consider all such requests and provide our response within a reasonable period (and in any event within any time period required by Data Protection Laws).
• When you ask us to exercise any of your rights under this Policy and the Applicable Laws, we may need to ask you to provide us with certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of Personal Information which is related to others that you are not authorized to receive, and to ask you questions to understand better the nature and scope of data that you request to access.
• We may redact from the data we will make available to you any Personal Information related to others. In addition, we may delete Personal Information without further notice if we are required to by Applicable Laws.

10. INFORMATION FOR EUROPEAN UNION RESIDENTS

10.1 The Legal Basis For Use Of Personal Information

We will only process your Personal Information where we have a legal basis to do so. The legal basis will depend on the purposes for which we collected and need to use your Personal Information. In almost all cases, the legal basis will be:

• To adhere to a legal obligation we are subject to.
• To enter into or perform a contract with a Data Subject.
• To fulfill a legitimate interest that we have as a business.
• Because you consented to us using the Personal Information for a particular purpose.

More information based on Processing:

• Processing the Personal Information is required for taking steps at your request before entering into an agreement. For example, if you provide your details under the “Contact Us” form to inquire about our Services, we will contact you and provide you with the requested information.
• Processing the Personal Information is required for fulfilling our or a third party’s legitimate interests; for example: (1) we collect information about the use of our Website to identify and prevent its abuse; (2) we use Personal Information to maintain and improve our Website by identifying visitor trends and technical issues; (3) we collect personal information to support and enhance our data security measures; (4) we collect Personal information to create aggregated statistical data.
• Processing is required due to a legal obligation. For example, we may be required to report usage of our Services to the competent governmental authorities regulating the use of medical cannabis.

It is hereby clarified that the legal bases detailed above are the legal bases for actions to process Personal Information, carried out by us in accordance with the GDPR. If the Processing of Personal Data is subject to other Applicable Laws, then the legal basis for Processing Personal Information may differ according to those Applicable Laws.

10.2 International Data Transfers

We may store, process, or maintain information in various sites worldwide, including through cloud-based service providers worldwide. If you are a Data Subject in the EU/EEA/UK, and we envisage transferring your Personal Information to a third country outside the EU/EEA/UK, we will ensure that it is protected and transmitted in a manner consistent with legal requirements. Personal Information may be transferred outside of the EU/EEA/UK in one of the following ways:

• The country that we send the data to might be approved by the European Commission or by the Information Commissioner’s Office (“ICO”), as applicable, as offering an adequate level of protection for Personal Information; or
• In case the country does not offer an adequate level of protection for Personal Information, the recipient might have signed up to a contract based on Standard Contractual Clauses (“SCCs”) approved by the European Commission or on the UK Addendum approved by the ICO, as applicable, obligating them to protect their Personal Information; or
• other legal safeguards that may permit us to otherwise transfer your Personal Information outside the EU/EEA/UK.

You can obtain more details of the protection given to your Personal Information when it is transferred outside the EU/EEA/UK (including a copy of the Standard Contractual Clauses which we have entered into with recipients of your Personal Information) by contacting us as at privacy@syqemed.com.

If you are located in a jurisdiction where the transfer of your Personal Information to another jurisdiction requires your consent, you shall provide us with your express and unambiguous consent to such transfer or the storage, Processing or maintenance of the information in other jurisdictions by using the Website.

10.3 Your Rights Regarding Your Personal Information

Under the GDPR (to the extent that applies to you), you may be eligible for the following rights:

• Right of access: You may have the right to access your Personal Information in order to obtain clear, transparent and understandable information on how we process your Personal Information and on your rights (as provided in this Notice), as well as a copy of your Personal Information.
• Right to rectification: If the Personal Information processed by Syqe is obsolete, inaccurate, incomplete, or not processed in compliance with Applicable Laws or this Privacy Policy, you may have the right to have your Personal Information rectified.
• Right to erasure: Under certain conditions, you may be entitled to require that Syqe delete your Personal Information (e.g., if the continued Processing of a specific data item is not justified or if the lawful basis for Processing is consent).
• Right to portability: Under certain conditions, you may have the right to receive the Personal Information originally provided by you in a structured and commonly used format or to request the transfer of Personal Information you have provided to us between data Controllers (i.e., asking us to transfer your Personal Information to another entity).
• Right to object: You may have a right to object the Processing of Personal Data if such Processing is based on Syqe’s legitimate interests. Syqe will no longer process your Personal Data unless Syqe demonstrates compelling legitimate grounds for the Processing which override your interests, rights and freedoms, such as the respect of a legal obligation (e.g. legal obligation involving the retention of documents), or for the establishment, exercise or defense of legal claims.
• Right to withdraw consent: If the Processing of your Personal Information is based on your consent, you have the right to withdraw your consent to such Processing at any time. You may contact us at privacy@syqemed.com.
• The right to restrict Processing: Under certain conditions, you may have the right to object to the Processing of your Personal Information due to your particular situation.
• Right to lodge a complaint: You have the right to lodge a complaint before your national data protection authority or supervisory authority.

If you have a complaint about how we use your Personal Information, we would always prefer you to contact us first. However, you may also make a complaint to your local data protection authority in the UK/EU/EEA country where we are based. If you are unsure which data protection authority to contact, please contact us at privacy@syqemed.com

If you are a Data Subject in another jurisdiction – other rights may apply, and not all of the above rights may apply to you.

To exercise these rights, where applicable, please get in touch with us as detailed in Section ‎15, ‎ “Contacting Us” of this Policy.

11. INFORMATION FOR AUSTRALIAN USERS

11.1 Please note that this Privacy Notice does not apply to Users located in Australia at the time when their Personal Information is collected by or on behalf of Syqe. Personal Information collected in Australia is subject to a separate privacy policy available here [please add link].

11.2 In case of conflict between this Privacy Notice and the Australian Privacy Policy, the latter shall prevail for Australian Users.

12. CHILDREN

This Website is directed towards and designed for use by persons aged 18 and older. We do not solicit or knowingly collect Personal Information from children under the age of 18. If we nevertheless receive Personal Information from an individual who indicates that he or she is, or whom we otherwise have reason to believe is, under the age of 18, we will delete such information from our systems. If you are an individual under the age of 18, you are required not to use our Website and/or Services.

13. LINKS TO THIRD PARTY WEBSITES

13.1 The Website may contain links to the websites of our partner networks, our social media pages, advertisers, and affiliates. When you click on hyperlinks from our Website to other websites, those websites may track your activity by using cookies or other means, according to their privacy policies.

13.2 We may operate a company page on social media platforms such as Facebook, Linkedin, (“Company Page”). We may enable you to use social sharing buttons to share our content on such platforms.

13.3 When you click on any links contained on our Website and when you browse our Company Page and/or post a communication on it; and/or when you use social sharing buttons on our Website; you do so at your own discretion and subject to the terms and conditions as well as the privacy policies of each social media platform or third party website respectively. Please note that we do not accept any responsibility or liability for these policies and that these social media platforms or websites may track your activity.

13.4 Please also note that when you post a communication on our Company Page on a certain platform, we may collect Personal Data from your public profile on that platform, including your name, photo, and any other information you make available to us when you like, post or otherwise interact with our Company Page.

14. CHANGES TO THIS PRIVACY NOTICE

This Privacy Notice may change from time to time. If we decide to change our Privacy Notice, we will post those changes on this page. After posting such notice, your continued use of the Website constitutes your agreement to any such changes. Where such changes will require your specific consent, we shall obtain it before applying the changes to your Personal Information.

15. CONTACTING US

If you have any questions about this Privacy Notice or wish to exercise certain rights you are eligible for concerning your Personal Information, please contact us via email at privacy@syqemed.com. We welcome your questions and suggestions about our Privacy Notice.

Additionally, if the GDPR apply to your Personal Data, and if you have complaints as to how we are using your Personal Data, you can contact our EU Data Protection Representative Pembroke Privacy Ltd. by emailing: EURep@pembrokeprivacy.com or by mail to Pembroke Privacy Ltd., 3-4 Upper Pembroke Street, Dublin 2, Ireland.