Diality Privacy Policy

Diality develops care solutions for patients and their healthcare providers, including the Moda-flx Hemodialysis System and associated mobile or desktop application and services (“Moda-flx”). Depending on our relationship with a patient’s healthcare provider, data collected through Moda-flx may be governed by a business associate agreement that we have in place with a healthcare provider that is a “covered entity” for purposes of the Health Insurance Portability and Accountability Act (“HIPAA”). Such data is considered “protected health information” (“PHI”) and is not addressed by this privacy policy. Please refer to your healthcare provider’s HIPAA Notice of Privacy Practices for more information about how your healthcare provider may collect, use, and disclose your PHI.

This privacy policy describes our use and disclosure of personal data (i.e., information that identifies, relates to, or could reasonably be linked with you or your household) collected through Moda-flx when we are not operating as a business associate of HIPAA covered entities. This privacy policy also describes how we collect, use, and disclose personal data through our website and associated operations (the “Site”), and other platforms or offerings (collectively with the Site and Moda-flx, the “Services”).

Depending on your relationship with us, we may collect some or all of the following categories of personal data when you access the Services:

• Contact and Account Information: Name, email address, postal address, and phone number. We also collect information required to manage and process invoices for our Services, such as payment information.
• Website Activity: We collect information related to your access to and use of our Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you viewed before and after visiting our Services.
• Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
• Geolocation Information: We may collect the approximate location of your computer or mobile device from your IP address. Additionally, we may collect your geolocation and other details from your mobile device in accordance with your device settings.
• Commercial Information: We collect information about your product and service preferences and interests.
• Social Media Information: Account names, handles, biographies, and other details that you make available on social media networks.
• Business and Professional Information: If you are a healthcare provider or similar industry professional, we may collect details such as your title, business contact information, and professional affiliations and specialties.
• Other information that you may provide to us, such as if you contact us by phone or other online mechanism, or other information that we may infer based on the above.
• Additional Information Collected in Connection with Moda-flx: Moda-flx account username and password; demographic information, including your age, date of birth, and gender; Moda-flx identifier and device serial number; treatment information and system logs; related treatment or health information; information that you authorize us to receive.
• Mobile App Access: Our mobile application asks for permission to use the camera on your mobile device to allow you use Moda-flx with ease. If you chose to not allow access to the camera, you will still be able to use the application by using the virtual keypad to enter the required information. Our mobile application does not request access to any other privacy services on your mobile device.

We collect personal data directly from you in the below contexts. We also collect personal data about you through sources like your healthcare team (although, as noted above, information from healthcare providers is typically HIPAA PHI, and thus governed by the Notice of Privacy Practices posted by the healthcare provider), service providers, data analytics providers, advertising or marketing networks, social media networks, and other third parties.

• When you use Moda-flx, create a Moda-flx account, or otherwise access the Services;
• In connection with your interactions, inquiries, or other requests;
• When you upload or share a photo or other digital content through the Services, or share content linking to any of our profiles on social media networks or otherwise interact with us on social media networks;
• When you participate in a clinical trial or other survey or promotion;
• When you interact with us through educational events, speaker series, or other industry events and conferences;
• When you contact us through our customer service, including through the use of online chat tools or webforms that we may make available; and
• When we and our third-party vendors use tracking tools, such as browser cookies, flash cookies, pixels, and web beacons to collect information about you. Please see “How do we use cookies and other tracking technologies?” for more information.

We may use your personal data in the following ways:

• To provide, operate, maintain, protect, and improve our Services and to develop new modalities, functionalities, devices, or other products and services;
• To communicate with you, advertise to you, respond to your inquiries, participate in educational events and conferences, and to send you information by email, mail, telephone, text message, notifications, or other means about our products and services;
• To enhance and help us better understand your browsing experience, needs, and preferences and provide consistent, personalized services and experiences across our Services;
• To protect the security or integrity of the Services, including to perform security analyses to verify that the Services are functioning properly;
• To monitor the quality and safety of Moda-flx and comply with applicable institutional and legal reporting requirements;
• To provide maintenance, support, or recovery services for Moda-flx;
• To conduct clinical trials and other research activities;
• To protect us, our users, and the public, and comply with applicable law, regulation, or legal process, including to validate user information for fraud and risk detection purposes, resolve disputes and protect the rights of users and third parties, respond to claims and legal process (such as subpoenas and court orders), fulfill our reporting obligations, monitor and enforce compliance with our contracts, and otherwise detect, prevent, or stop any activity that may be illegal, unethical, or legally actionable; and
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our customers is among the assets transferred.

We disclose your personal data to the following categories of third parties:

• Vendors that support the Services: We engage vendors to perform certain functions on our behalf such as: mailing and marketing services, professional services consultants, payment processors, providers of data hosting, storage, and analytics services, and IT and security vendors. We also work with vendors and third parties to identify opportunities for and operate clinical trials and other research efforts.
• Social media networks: Where you choose to interact with us through social media, your interaction with these programs typically allows the social media network to collect some information about you through cookies and other digital tracking mechanisms that they place on your device. Please visit the social media networks’ respective privacy policies to better understand their data collection practices and the controls they make available to you.
• Companies involved in advertising: We work with companies that assist us in advertising our Services to you and others who may be interested in the Services. We do not currently work with advertising companies that use tracking technologies on our Site to collect or receive information over time and across different websites or platforms, however we may do this in the future.
• Corporate affiliates: We may share personal data with our subsidiary or affiliate companies in the future.
• Business partners: We may work with other companies to provide you with certain product or service offerings or conduct clinical trials and similar research.
• Law enforcement, government agencies, or parties in a legal proceeding: We may share personal data with these entities to comply with the law or assist law enforcement. We may also provide your personal data to third parties in the context of a subpoena or similar legal process.
• Third parties in the context of a merger or similar business transaction.

We and our third-party vendors may use cookies, pixel tags, and other tracking technologies on the Site in a variety of ways to enhance or personalize your online browsing experience. These tracking technologies help us better understand your needs and preferences and tell us which parts of our website you have visited, facilitate and measure the effectiveness of our advertisements, and provide consistent and personalized services and experiences.

You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you may not be able to access your account information or utilize certain functionalities on our Site. Please note that our Site does not currently recognize “Do Not Track” signals.

Third-party links on the Services may direct you to third-party websites that are not affiliated with us, including social media networks. We are not responsible for the content or accuracy of third-party websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you access their website.

We take reasonable precautions, including implementing physical and electronic safeguards, to help protect the security and privacy of your personal data. However, please be aware that no means of transmitting data over the internet is 100% secure. Please take steps to protect your own personal data, such as by selecting a unique and complex password for your account.

We will never knowingly request personal data from anyone under the age of 18. Our Site is not targeted to or intended for use by children. Accordingly, we do not have actual knowledge that we sell or share the personal data of consumers under the age of 16 years old. However, if we learn that we have received personal data from a child under the age of 18 without appropriate parental consent, we will delete that information from our database.

We retain personal data for as long as needed or permitted based on the purpose for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us);
• Whether there is a legal obligation to which we are subject (for example, we are required to keep records of your transactions for a certain period of time); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

You can review and change certain personal data related to your use of the Services (such as your name and contact information) by signing into your account or by contacting us as described in “Contact Us” below.

If you prefer not to receive promotional or marketing communications from us, you can let us know by contacting our customer service as described in “Contact Us” below. You may also follow the instructions included with the message, such as by following unsubscribe or opt out links. Please note that we may still send you messages in response to your inquiries or about other non-promotional items, such as managing your account or relationship with us.

You may have the rights listed below (“Data Subject Rights”) with respect to the personal data that we collect or process about you, but these rights differ depending on your country or state of residency.

Under the California “Shine the Light” law, California residents may request information about businesses’ information sharing practices with third parties for their direct marketing purposes. We do not currently share personal data with third parties for their direct marketing purposes.

Under Nevada law, residents of Nevada may request that we not sell their personal data. We do not sell personal data as defined by the Nevada law.

We may update this Privacy Policy from time to time and notify you in accordance with law, which may include email or other notice posted to the Services. Any changes to this Privacy Policy will become effective when we notify you of the changes. Your use of the Services following any such updates will constitute your acceptance of such updates.

For questions about our privacy policy, to make choices about receiving promotional communications, to request to exercise a Data Subject Right, or to update your personal data, you can contact us by email, at support@diality.com, or by writing us at 181 Technology Drive Suite 150, Irvine, California 92618.