TERMS OF SERVICE

Effective Date: August 1, 2019

Please read these Terms of Service and the Privacy Policy incorporated herein carefully before you proceed to enroll in a Subscription Service, setup your account with your personal information or make an In-App purchase. If you do not understand the terms, or do not agree to all terms and conditions contained in the Terms of Service and the Privacy Policy, you may not use the MyHealthyGut mobile application and/or website.

AGREEMENT

The following Term of Use (the “Agreement”) constitute a legally binding agreement by and between KORE Digital Health Therapeutic Inc., the development company of MyHealthyGut (hereinafter, “KORE”) and you concerning your use of MyHealthyGut mobile application (the “App”) and website (the “Website”) located at https://myhealthygut.com and the services (the “Services”) available through the App and/or Website. 

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THIS AGREEMENT AND KORE’S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE AND MADE PART OF THIS AGREEMENT.

PRIVACY POLICY, INFORMATION COLLECTION CONSENT

By using the Services you consent to the collection and use of certain information about you, as specified in the Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

CHANGES TO AGREEMENT

KORE RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME, NOTICE TO BE GIVEN TO YOU BY POSTING AN UPDATED VERSION OF THE AGREEMENT; AND/OR PROVIDING A NOTIFICATION ON THE APP OR WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY.

USER ELIGIBILITY AND MINOR

All users who download the App and who purchase Services and/or products through the App that was downloaded from an app store or app distribution platform, such as the Apple App Store (the “App Provider”) must be adults 18 years of age and over (or have consent of a parent or legal guardian; please see under privacy). KORE cannot prohibit individuals under the age of 18 accessing and using various parts of the App and Website due to the nature of the World Wide Web, but will immediately disregard any known attempts to download the App or register on the Website by a minor.

BY USING THE SERVICE OR DOWNLOADING THE APP, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS (OR HAVE CONSENT OF A PARENT OR LEGAL GUARDIAN) AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS USER APPLICABLE LAW.

DISCLAIMERS

KORE MAKES THE FOLLOWING DISCLAIMERS:

i. The Content provided in the App, the Website, is intended solely for Your educational purposes, and is not a substitute for the medical advice provided by a physician or other healthcare professional. You must never disregard professional medical advice, or delay seeking medical advice because you are accessing and using the information provided by the App, Website and Services. The Information cannot be used for the purpose of diagnosing, treating, or in any way mitigating a specific health issue or disease. It can also not be used with the intention of prescribing a medication or other modality of treatment. You must always speak with your physician before starting any new approach to managing your health, including vitamins and minerals, exercise and other therapeutic modalities. Further, you should seek medical advice immediately if you suspect that you have a medical problem regardless of using the information provided through the App, Website or Service.

YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM CHANGES IN YOUR DIET OR TAKING SUPPLEMENTS.

ii. The App, Website, Content, and all products related to MyHealthyGut provided to you by KORE are delivered on as “AS IS” basis and contain, to the extent permitted by law, no express or implied warranties, including, but not limited to, warranties of title, fitness for purpose, security, accuracy, and compatibility.

iii. Any use of or reliance by you on the App, Website, its server, the Content, or Information is done at your own risk.

KORE makes no guarantee that your use of the App, Website, its server, the Content, or Information will be uninterrupted, or free of defects, viruses or other harmful components.

iv.Any Content, Information or products offered by KORE, which you download from the App Provider and/or Website, is done so at your own risk.

v. KORE makes no representations or warranties about the quality, suitability, or qualifications of any service providers, including professional service providers, and their related services, whose contact information may be contained on the App, Website, in the Contents, or Information, or to whom you may be referred to by KORE. 

NUTRITIONAL INFORMATION

The App and Website contains a combination of nutritional information and food lists (the “Nutritional Database”), created by the MyHealthyGut and KORE team members (the Team), which include a postdoctoral fellow from the University of Calgary’s Health and Wellness Lab and a Registered Dietitian, who specializes in digestive health issues, and a Holistic Nutritionist. The nutritional information provided has been researched, reviewed and referenced (backed by science). Any Team member can contribute nutritional information to the Nutritional Database, as well as edit existing nutritional information.

USER INFORMATION

In connection with your use of a Free Trial, Subscription Service or In-App purchase, you are required to setup an account and personal profile. You represent and warrant that all user information that you provide to setup your account and profile will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile under Manage Your Account withing the hamburger menu (right top corner) of the App. For additional information, see the Privacy Policy.

You will be asked to provide your first name, last name and valid primary email account to setup your account to access MyHealthyGut Services or Content. You will be asked authenticate your email account to confirm we have a valid email on file. You are entirely responsible for maintaining the confidentiality of your account information. You may not use the account of any other person at any time. You must notify KORE immediately of any unauthorized use of your account. You may be held liable for any losses incurred by KORE, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account.

PAID SERVICES

If you choose to subscribe to any of our Paid Services (Subscription Services, Free Trials of Subscription Services, or In-App purchases), these are the payment and billing terms that apply. Paid Services billing may auto-renew unless you cancel. You may cancel at any time by visiting Manage Your Account/Settings/Cancel Subscription in the app.

Subscription Services

We offer certain Subscription Services (the “Subscription Services”) for a fee. By signing up for and using the Subscription Services, you agree to our Terms, and any additional terms and conditions provided here.

The Subscription provides you access to certain enhanced products, services, features and functionality (e.g.,expanded therapeutic plans, in-app content and partner offers, resource bot). By signing up for and using the Subscription Services, including signing up for Free Trials of the Subscription Services, you agree to pay any fees or other incurred charges that apply (such as subscription fees).

You can choose to pay for the Subscription Services on a monthly or annual basis. Unless otherwise stated, all fees due for the Subscription Services will be billed automatically the Apple iTunes Store at the start of the monthly or annual Subscription Service period, as applicable. Unless otherwise stated, Subscription Services will auto-renew until you elect to cancel your access them. All purchases of Subscription Services are final and non-refundable, and your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.  

Termination or Cancellation of Subscription Services

If you do not pay the fees or charges due for your use of the Subscription Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Subscription Services (and may do so without notice).

You can cancel the Subscription Services at any time through the Manage Your Account menu. The cancellation of a Subscription Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Subscription Service through the remainder of such billing cycle. There are no refunds for termination or cancellation of your Subscription Service. If you no longer wish to subscribe to a Subscription Service, it is your responsibility to cancel your Subscription Service in due time, regardless of whether or not you actively use the Subscription Service.

Fee Changes

We may change our prices for Subscription Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Subscription Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Subscription Service prior to the change going into effect.

Free Trials

A Free Trial provides you access to the Subscription Services for a period of time, with details specified when you sign up for the offer. In order to sign up for a Free Trial, you will need to provide us with your preferred Subscription. As soon as you submit your preferred Subscription, your Free Trial will begin. You will not be charged until the Free Trial period ends. Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Subscription Service will automatically continue and you will be billed the applicable fees for that Subscription Service using the subscription partner (i.e. iTunes) information provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Subscription Service. We will send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Subscription Services user after the Free Trial period.

Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer. Subscription Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Subscription Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Subscription Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.

In-App Purchases

The MyHealthyGut App may offer you access to certain enhanced features and functionality and content (above and beyond your Subscription Services) through In-App purchases. By purchasing this in-app content, you agree to pay the fee due and incurred by you in your usage of purchased packages.

ALL PURCHASES ARE FINAL, AND NO REFUND WILL BE GIVEN FOR ANY IN-APP PURCHASES UPON TERMINATION OR CANCELLATION.

Discount, Coupon or Gift Codes

If you have received a discount, coupon or gift code to a Subscription Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, it will be done either upon creating an account or when you log in to the applicable Service and enter the applicable code to take advantage of the relevant promotion. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Subscription Service before the end of a free or discounted period if you do not want to continue with a Subscription Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Subscription Service, coupon validity dates, and/or purchase quantities. KORE reserves the right to cancel discounts and coupon promotions at any time.

THIRD-PARTY CONTENT AND SERVICES

Our Services may link to or interact with third-party services or products. Nutritional information, advice, statements including, without limitation, food information, recipes, food lists made available by the means of the Services provided by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content.

KORE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE APP OR WEBSITE. IF YOU ACCESS SUCH THIRD-PARTY SERVICES OR PRODUCTS, BE AWARE THAT DIFFERENT TERMS AND PRIVACY POLICIES APPLY TO YOUR USAGE OF SUCH SERVICES.

MISPRINTS AND ERRORS

We endeavor to provide current and accurate information on the MyHealthyGut App and Website available to you. Nevertheless, errors and misprints occur. You are solely responsible for ensuring that any nutritional information in the Nutritional Database is accurate, complete and useful. Accordingly, we reserve the right to reject, correct, cancel or terminate any purchase for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the purchase process, including after a purchase has occurred, and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any purchases based on any error, misprint or otherwise.

APP STORE SOURCED APPLICATION

With respect to the App accessed through or downloaded from the Apple App Store (the “App Store”), you will use the App Store only (a) on an Apple branded product that runs iOS (Apple’s proprietary operating system software); (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

Furthermore:

i. You acknowledge that these Terms of Use are concluded between you and KORE, and not with Apple, and Apple is not responsible for the App and the Content thereof.

ii.The App is for your sole use and is non-transferable and must be used on any Apple device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

iii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, and KORE shall be solely responsible for any maintenance and support services, to the extent they are required by applicable law.

INTELLECTUAL PROPERTY

All information, material, and works found in the App and on the Website, including titles and names, page headers, text, graphics, custom images, logos, photographs, software, typeface, literature and other materials (referred to collectively hereafter as the “Content”), are protected by intellectual property rights owned by KORE.

USE OF THE APP, WEBSITE AND CONTENTS

Subject to these Terms of Use, KORE grants you a non-exclusive, non-transferable, revocable license to use the App, Website, Services and the Content solely for your own personal and non-commercial use. Content may only be printed, copied or saved onto your own device or computer for your personal and non-commercial use.

You may not reproduce, modify, augment, translate, adapt to another medium or edit in any manner the Content, transmit, transfer, distribute, sell, or exploit any part of the Content or the Content in its entirety without the express written permission of KORE.

LINKED SITES

SOME LINKS WITHIN THE APP AND ON THE MYHEALTHYGUT WEBSITE REFER YOU TO THIRD PARTY SITES NOT UNDER THE OPERATION OR CONTROL OF KORE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH SITES AND WE PROVIDE THERE LINKS TO YOUR ONLY FOR CONVENIENCE. THE INCLUSION OF ANY LINK TO THESE SITE DOES NOT IMPLY ENDORSEMENT BY KORE OF THE LINKED SITE.

EMAIL CONSENT

In providing the Services, you may receive periodic emails related to the Services which include new features and information regarding the Services, which are part of the Services in the App and for which you cannot opt out of receiving. By giving consent during sign up, you will also receive emails from MyHealthyGut notifying you of new in-app content, promotions and partner offers that be of interest to you. You can opt-out of receiving these types of emails at any time and no longer receive any future offer emails.

LIMITATIONS TO LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL KORE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AFFILIATES BE LIABLE TO YOU OR ANY USER FOR ANY USE OR MISUSE OF THE APP, THE WEBSITE OR ANY OTHER SERVICES. SUCH LIMITATION: (a) INCLUDES DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE (EVEN IF KORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); (b) APPLIES WHETHER DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE APP, FROM INABILITY TO USE THE APP, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APP (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES); AND (c) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY SERVICES. TO THE MAXIMUM EXTENT TO PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF KORE, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APP OR SERVICES. WE WOULD NOT BE ABLE TO PROVIDE THE APP OR SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY.

INDEMNITY

You covenant and agree to indemnify and save harmless KORE, and its respective officers, directors, and employees, from any loss, damage, liability, cost and expense suffered by KORE directly or indirectly as a result of or arising out of Your breach of any of the terms of these Terms of Use, or Your use of the App, the Website, the Services and the Content, or Your violation of any law or the rights of a third party, including intellectual property rights.

OUR RIGHTS

KORE shall maintain the right, at its sole discretion, to terminate, suspend, or limit your access to certain parts of the App and/or Website without notice if KORE believes that conduct on the App and/or Website is threatening to KORE, or its interests, or to another App or Website user, third party vendor, associate or their interests. KORE may notify law enforcement officials if any of Your conduct on the App or website is in violation of applicable local, national, or international laws.

APP AND WEBSITE CONDUCT

You agree to use the App and/or Website for legal purposes only and to respect all other users’ right to use the App, Website, Content, and associated products and Services. Any conduct on the App and/or Website that is in violation of any local, national or international laws will not be tolerated.

CHOICE OF LAW

These Terms of Use and the use of the App, Website and Content shall be governed by and construed in accordance with the law of the province of British Columbia and the parties submit and attorn to the exclusive jurisdiction of the courts of the province of British Columbia, Canada.

TERMINATION

KORE may, without cause and at its sole discretion, terminate this agreement, and your right to access and use the App, Website and the Contents. Any breach by you of any term of these Terms of Use will result in the immediate termination this agreement, and your right to access the App, Website and the Contents.

FORCE MAJEURE

We shall have no liability for delays or failure in performance caused by any act of God, war, strike, labour dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar beyond our control.

CONTACT KORE

If you have questions or concerns about these Terms of Use, please feel free to contact KORE at the following:

KORE Digital Health Therapeutics Inc.

10899 Cherry Lane

Delta, BC V4E 3L8

Email: info@koredigitalhealth.com

PRIVACY POLICY

Effective Date: August 1, 2019

Your privacy matters to KORE, this Privacy Policy explains how we collect, use, share and protect your information about you and how you access and update your information.

Our principles for processing personal data are:

Fairness and lawfulness. When we process personal data, the individual rights of the Data Subjects must be protected. All personal data must be collected and processed in a legal and fair manner.

Restricted to a specific purpose. The personal data of Data Subject must be processed only for specific purposes.

Transparency. The Data Subject must be informed of how his/her data is being collected, processed and used.

The Privacy Policy the App, MyHealthyGut, operated by KORE, however accessed and/or used, whether via personal computers or mobile devices, activities owned, operated, provided, or made available by the Company. Our “online” and “offline” activities are collectively referenced as (the “Services”). This Privacy Policy also applies to your use of interactive feature or downloads that:

• we own or control.
• are available through the Services; or
• interact with the Services and post or incorporate this Privacy Policy.

BY USING OUR SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY.

For the full version of the Privacy Policy, which cover both the website, and the App visit MyHealthyGut here.

COLLECTION AND USE OF INFORMATION

We collect Personal Data when you use or interact with our Services, including when you register with us, obain nutrition services, and make purchases from us (including processing of payment). We collect personal information when you “Setup Account” to access the functionality of the App, when you journal your dietary intake and symptoms and generate journal reports to share with your practitioner or health care provider.

This Personal Data may include:

• Name, password, email address, date of birth, and gender.
• General information related to your health.
• Information on your gut health diagnosis, details about your diagnosis and when you were diagnosed (if applicable).
• Your health goals and any food allergies you may have.

We use this data to create your account, enable your activity within our Services, and to provide the services generally, including to develop, enhance, and improve our Services and your experience. We also use this data for internal purposes related to certain research, analytics, innovation.

Personal information is data that can be used to identify or contact a single person. You may be asked to provide personal information anytime you contact KORE or any of our service providers, which may share this personal information each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

We may use your Personal Data to verify identity, assist with identification of users, and to determine appropriate services, and for loss prevention and anti-fraud purposes. From time to time, we may use your personal information to send important notifications, such as information related to your Subscription Services, In-App purchases, or changes to our terms and policies. Because this information is important to your interaction with the App, you may not opt out of receiving these notifications.

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it: language, activity on our website (behavior), total downloads, total Subscriptions, total In-App purchases, unique device identifier, referral URL, location, time zone, demographics (age and gender) information so that we can better understand customer behavior and improve our products, services and advertising. Such data is considered non-personal information for the purposes of this Privacy Policy.

DEVICE DATA AND ANALYTICS

Device Data: When you download, install and use the mobile App on your mobile device, MyHealthyGut automatically receives information, including without limitation, carrier providers, a unique device identifier, geo-location information (if allowed by the user), the types of mobile devices accessing the App, and the types of operating systems accessing the App. A unique device identifier is a string of alphanumeric characters (similar to a serial number) used to uniquely identify and distinguish each mobile phone or other wireless communication device. KORE uses the unique device identifier to link to your personal account when you setup your personal account profile.

Analytics: KORE uses third-parties to gather website usage analytics. These third-parties may place Cookies on your computer, use web beacons to gather personal information, such as traffic data, device data, log data in order to track behavior in order to deliver relevant content and offers. The collection of information is subject to such third-parties’ privacy policy.

DISCLOSURE PRACTICES AND DATA RETENTION

KORE shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms of service or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

KORE shall retain personal information only as long as necessary for fulfillment of those purposes.

CONSENT TO PROCESSING AND TRANSFER OF INFORMATION

KORE is committed to providing access to our resources through an environment that is compliant with all national and provincial privacy requirements applicable to us, and those requirements that apply to all our customers.

KORE operates from Delta, British Columbia, Canada, and utilizes service providers within Canada and the United States to provide the MyHealthyGut Website and the App.

Given that we are an international business, our use of your information involves the transfer of data on an international basis. If you are located outside of the Canada, please be aware that information we collect may be transferred to and processed by servers located in Canada. By using the our Services, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to our Canadian servers.

We may transfer information to others, including to affiliated entities or unrelated companies (“service providers”), that carry out certain functions on our behalf such as order fulfillment, accounts receivable and data processing. In those cases where we do need to use the services of a third party, we require them not to use or disclose the information for any purpose other than as directed by KORE.

We take all reasonable contractual or other measures to protect your personal information while processed or handled by these service providers. If the information is located outside Canada it will be subject to legal requirements in those foreign countries applicable to our service providers.

Canadian Residents

This Privacy Policy has been developed with the standards required to be compliant with the Alberta Freedom of Information and Protection of Privacy Act, the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Information International Disclosure Protection Act (Nova Scotia) (“PIIDPA”), the Freedom of Information and Protection of Privacy Act (British Columbia) (“FIPPA”) and the Municipal Freedom of Information and Protection of Privacy Act, Ontario (“MFIPPA”).

Residents of the European Economic Area (EEA)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what personal data we hold about you and if you want it to be removed from our systems, please contact us at info@koredigitalhealth.com.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you
• The right of rectification
• The right to object
• The right of restriction
• The right to data portability
• The right to withdraw consent

Residents of the United States

Your California Privacy Rights

California Civil Code Section 1798.83 permits California residents to request and obtain from us a list of what Personal Data (if any) we disclosed to third parties for that third party’s direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. We currently do not share any Personal Data with third parties for their direct marketing purposes.

Under Section 1798.83, we currently do not share any Personal Data with third parties for their direct marketing purposes. If we do decide to share your Personal Data with third parties for their marketing purposes, you may opt-out of this disclosure at any time by submitting a request to our Support Team at info@koredigitalhealth.com, or in writing to:

KORE Digital Health Therapeutics Inc.

10899 Cherry Lane

Delta, BC  V4E 3L8

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

• To ensure that content provided by the Services is presented in the most effective manner for you and for your computer or other device.
• To provide you with information, products or services related to KORE that will facilitate your engagement with the Services.
• To provide you with promotional communications, such as email, to the extent that you have provided consent to receive such communications under applicable law.
• To provide you with customer service communications.
• To carry out our obligations arising from any agreements entered into between you and us.
• To allow you to participate in interactive features of the Services, when you choose to do so.
• To notify you about changes to the Services.
• To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as postal/zip code, province/state or country).
• To provide you with the SMS Service to the extent that you have provided consent for such practices under applicable law.
• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• Details of your visits to and interactions with the Services including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
• If you are an existing customer, we will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you

We do not disclose information about identifiable individuals to companies that host advertisements on our behalf, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target.

SECURITY OF PERSONAL INFORMATION

KORE takes the security of your personal information very seriously and we are dedicated to keeping your personal information secure. KORE web Services such as the MyHealthyGut website and the App database use industry-wide standards to protect your personal information during transit using SSL (Secure Socket Layer) 256-bit encryption and firewalls. We then follow strict industry regulations regarding storage of and access to your sensitive information once we receive it. When your personal data is stored by KORE, we use computer system infrastructure with limited access housed in a secured hosting data center using physical security measures. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee that information you supply won’t be intercepted while being transmitted to us or to our third party providers over the Internet and wireless communications, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your account information and your password to protect access to the App(s) installed on your mobile device.

PAYMENT PROCESSING

KORE does not collect or process credit or debit card (“Payment Card”) information. Apple collects Payment Card information with respect to in-app purchases made through the Apps. Such payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve – stored.

USER ACCESS, UPDATE AND CORRECT PERSONAL INFORMATION

You can help ensure that your contact information and preference are accurate, complete, and up to date by accessing your personal profile in the Hamburger menu of the App under “Manage Your Account”.

NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS

If you sign up to receive promotional materials from us via email we will use the information you give us to provide the communications you have requested.

If you inform us that you wish to cancel email promotional materials by visiting your “Settings” under “Manage Your Account” within in the app and unsubscribing. We will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level.

THIRD-PARTY APPLICATIONS/WEBSITES

We contract with third parties services to assist us with maintaining and managing our customer information to fulfill services and to communicate with our customers. In addition, we team up with another company to offer or provide products and services such as email communication, web and mobile App hosting.

KORE may make certain personal information available to our service providers and partners that work with KORE to provide products and services, or are used to market offers to specific customers. Personal information is only shared to provide or improve our product and service. We do not authorize any of our third parties to make any other use of your information.

We will not rent or sell your information to any third party. All the information we collect is given to third parties ONLY if they are involved in completing our offers or services.

TRACKING TECHNOLOGIES

KORE and our analytics partners use technologies such as cookies, beacons, tags, and scripts to enable a service to recognize your device so you don’t have to provide the same information several times during one task, recognize that you may have already given a password so you don’t need to do it for every web page requested, and to measure how people are using the Products.

We use local storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.

We partner with third parties, such as Facebook and Google, to manage our advertising of the Products on other sites or platforms as well as across your other devices based on your past visits to our website. Our third party partners may use technologies such as cookies to gather information about your activities within the Products to deliver such advertising to you, such as retargeting ads. We will acquire consent from you in order to use such trackers for advertising purposes to the extent required by applicable law. We currently do not respond to do-not-track signals. For more information about interest-based ads, including how to opt-out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account.
We use third party trackers to let us know when users have visited the Products by “clicking-through” our sponsored advertising or content hosted on third party platforms. The Products use Google Analytics code to gather statistical information. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more information on how Google Analytics processes this information, visit www.google.com/analytics.

MOBILE ANALYTICS

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you engage with the Products, the events that occur within the Products, aggregated usage and performance data, and where the Applications were downloaded from. We may link the information we store within the analytics software to any personal information you submit within the mobile application.

LOG FILES

As true of most websites, we gather certain information and automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.

SOCIAL MEDIA FEATURES AND WIDGETS

Our web and mobile Services may include social media features, such as Facebook Like buttons, and widgets such as “Share This” buttons or links, or interactive mini-programs that run on our web and mobile Services. These features may collect your IP address, which page you are visiting on our online or mobile Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or directly on our web Services. Your interaction with these features and widgets are governed by the Privacy Policy of the Company providing them.

ACCESS TO AND DELETION OF PERSONAL INFORMATION

Upon request, KORE will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information, please email info@koredigitalhealth.com. You may access your personal information to modify or update at any time via your account info in-app, or by emailing info@koredigitalhealth.com.

To request the deletion of your personal data that we have on file please email us at info@koredigitalhealth.com. Upon request, KORE will permanently and irrevocably anonymize your data such that it can never be reconstructed to identify you as an individual. We will respond to your request in a reasonable timeframe.

UPDATES AND CHANGES TO PRIVACY POLICY

Our Privacy Policy is subject to change. If we update or revise our Privacy Policy we will let you know by providing notice of any change on the App and/or the website and/or via email, provided you have registered on our website or setup an account via the App.

You can access the terms and privacy policy at anytime, located on the MyHealthyGut website or in the App, in the Home section, under Manage Your Account.

KORE Digital Health Therapeutics Inc.

10899 Cherry Lane

Delta, BC  V4E 3L8

If you have any questions or concerns about KORE’s Privacy Policy or data processing or if you would like to make a complaint about a possible breach of our Privacy Policy, please contact us at info@koredigitalhealth.com