Privacy PolicyEffective as of June 4, 2023

INTRODUCTION

INVOCURE, INC. and its affiliates (“InvoCure,” “we,” “our,” or “us”) respect the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use, and safeguard the information you provide to us in using our website InvoCure.com and the websites that link to this Privacy Policy (collectively, the “Site”) and the services provided through our Site (the “Services”)..

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.

COLLECTING AND USING INFORMATION

Personally Identifiable Information We Collect Online

We may collect Personally Identifiable Information from you through your use of the Site and Services. “Personally Identifiable Information” is individually identifiable information about an individual consumer or business that we collect online and that we maintain in an accessible form. We collect the following types of Personally Identifiable Information:

Information You Provide

We may collect the following Personally Identifiable Information that you voluntarily provide to us:

• Customer Account. If you create an account for any of our Services, you will provide us with your name, email address, and password. When you create an account, you can choose to save your billing and shipping information. When you log-in to your account, you will provide us with your email address and password.
• Subscribe to Email Communications. When you subscribe to our email marketing communications, you will provide us with your email address.
• Purchases. When you make a purchase on our Site, you will provide your name, payment method information, such as credit card and billing information, and the name, address, and phone number of the intended recipient(s). We use third-party payment processors to process your purchases. If you make a purchase through your online account, we also maintain a record of your purchase.
• Order Status. When you use our Site to obtain your order status, you will provide us with your last name and either your email address or zip code.
• Returns. When you submit a request to return an item, or submit questions regarding your return or online order, you will provide us with your name, email address, phone number, and any other Personally Identifiable Information that you may voluntarily provide.
• Submit an Inquiry. When you submit an inquiry, or otherwise contact our Customer Service department, you may provide your name, email address, physical address, phone number, or other Personally Identifiable Information.
• Additional Information. When you submit information on the Site, send an email from the Site, enter a contest or sweepstakes, respond to a survey or communication, interact with us through social media channels, or participate in another Site function or feature, you may provide us with other Personally Identifiable Information.

Information as You Navigate Our Site

We automatically collect certain Personally Identifiable Information through your use of the Site and Services, such as the following:

• Usage Information. We collect information automatically through your use of the Site and Services, such as individual requests, log-ins or non-log in information, logs, and IP addresses.
• Device Information. We collect information about the device you are using, such as hardware model, operating system, application version number, and browser.
• Mobile Device Information. In addition to the Device Information listed above, when you access our Site via a browser on your mobile device, we collect and aggregate information about whether you are accessing the Site via a mobile device or tablet, device type, and carrier.
• Location Information. We collect geographic IP location information.

Third-Party Information

In some cases, we may receive certain Personally Identifiable Information from you about a third party. For example, when you make a purchase, you may provide the name, physical address, and phone number of the intended recipient, a third party. If you submit any Personally Identifiable Information about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their Personally Identifiable Information in accordance with this Privacy Policy.

How We Use Your Personally Identifiable Information

We use the Personally Identifiable Information we collect to provide the Services to you, to maintain and improve our Services and Site, and to protect our legal rights and the rights of others. In addition, we may use the Personally Identifiable Information we collect to:

• Register you as a user of the Site;
• Personalize your Site experience and to allow us to deliver the type of content and product offerings in which you may be most interested;
• Process your transactions and communicate with you regarding your order;
• Confirm your order;
• Deliver the products and Services that you obtain through our Site;
• Prevent fraud and bill you for your purchases;
• Contact you regarding our products and services that we feel may be of interest to you;
• Administer a contest, promotion, survey, or other Site feature;
• Communicate with you about our Site or Services or to inform you of any changes to our Site or Services;
• Respond to your customer service requests; and
• Comply with applicable law.

How We Share Your Personally Identifiable Information

We may share the information that we collect about you in the following ways:

• With service providers who perform data or Site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
• With service providers to prepare, deploy and analyze advertising content;
• To the extent that we are required to do so by law;
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
• With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personally Identifiable Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Information;
• With any other person or entity as part of any business or asset sale; and
• With any other person or entity where you consent to the disclosure.

COOKIES AND OTHER TRACKING TECHNOLOGIES

How We Use Cookies

Like many other companies, we use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”). “Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).

We use Cookies to:

• Estimate audience size and usage patterns;
• Understand and save your preferences for future visits, allowing us to customize the Site and Services to your individual needs;
• Advertise new content and services that relate to your interests;
• Keep track of advertisements and search engine results;
• Compile aggregate data about Site traffic and Site interactions to resolve issues and offer better Site experiences and tools in the future;
• Ensure browsing security; and
• Recognize when you return to the Site.

We set some Cookies ourselves and others are set by other entities. We use Cookies set by other entities to provide us with useful information to help us improve our Site and Services, to conduct advertising, and to analyze the effectiveness of advertising. For example, we use Cookies from Google, Facebook, and other similar companies.

HOW YOU CAN OPT-OUT OF COOKIES

Browser Settings

Cookies can be blocked by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Site.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.allaboutcookies.com

Platform Controls

You can opt out of Cookies set by specific entities by following the instructions at these links:

• Google: https://adssettings.google.com
• Facebook: https://www.facebook.com/about/ads
• Microsoft: https://account.microsoft.com/privacy/ad-settings/

Advertising Industry Resources

You can understand which third parties have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website. Please note that these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.

THIRD-PARTY PROCESSORS

To ensure that your Personally Identifiable Information receives an adequate level of protection, we have put in place appropriate procedures with the service providers we share it with to ensure that it is treated consistent with applicable data security and privacy laws. For example, we use service providers to process your credit card transactions. We do not collect or receive the information provided to payment processors.

GOOGLE ANALYTICS

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.

‘DO NOT TRACK’ SIGNALS

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

CHOICES ABOUT YOUR PERSONALLY IDENTIFIABLE INFORMATION

Review and Request Changes to Your Personally Identifiable Information

You may use your account to access, correct, or view certain Personally Identifiable Information we have collected, and which is associated with your account. To review or request changes to any of your Personal Information, please contact us at [email protected].

Marketing Communications

To unsubscribe from emails from us, please click the unsubscribe link included in the footer of our emails. You also may submit a request to us at [email protected].

SECURITY

We maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security.

THIRD-PARTY LINKS

The Site may contain links that will let you leave the Site and access another website, including websites operated by our affiliates and websites operated by unrelated third parties. Linked websites are not under our control. Except as stated below, this Privacy Policy applies solely to Personally Identifiable Information that is acquired by us on this Site. We accept no responsibility or liability for these other websites.

CHILDREN’S PRIVACY

The Site is not intended, directed at, or targeted to children under 13 years of age. We do not use this Site to knowingly collect, use, disclose, or solicit personal information from or market to anyone under 13. If you believe that we have received information from a child or other person protected under such laws, please notify us immediately at [email protected] and we will take reasonable steps to remove such information from our databases.

INTERNATIONAL USERS

By visiting our Site and providing us with data, you acknowledge and agree that we may use the data collected in the course of our relationship for the purposes identified in this Privacy Policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, such data may be stored on servers located in the United States or elsewhere. By providing us with your data, you consent to the transfer of such data and storage of such data within the United States, and you waive any rights to control or maintain the integrity of such data afforded by national laws or international treaties. You may not provide any Personally Identifiable Information if our use or disclosure of that information as described in this Privacy Policy would violate any laws or regulations of jurisdictions outside of the United States.

NOTICE TO NEVADA RESIDENTS

Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to [email protected].

NOTICE TO CALIFORNIA RESIDENTS

The California Consumer Privacy Act (CCPA) requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this does not apply to you, and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.

RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, DISCLOSED, OR SOLD

If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you. This right includes the right to request any or all of the following:

1. Specific pieces of Personal Information that we have collected aboutyou;
2. Categories of Personal Information we have collected about you;
3. Categories of sources from which the Personal Information was collected;
4. Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;
5. Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
6. The business or commercial purpose for collecting or, if applicable, selling Personal Information.

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.

Collection of Personal Information We currently

collect and, in the 12 months prior to the Last Updated date of this Privacy Policy, have collected the following categories of Personal Information about California residents directly from them:

• Identifiers (name, postal address, internet protocol address, and email address)
• Unique personal identifiers (cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology)
• Internet or other electronic network activity information (browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement)
• Geolocation data
• Commercial information (records of products purchased, obtained or considered; and other purchasing or consuming histories or tendencies)

In addition to the purposes stated above in the section “Collecting and Using Information” we collected the above categories of Personal Information for the following business or commercial purposes:

• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
• Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider
• Advancing a person’s commercial or economic interests, such as by inducing another person to buy products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction

Disclosure or Sale of Personal Information

If you are a California resident, you have the right to direct businesses to stop selling your Personal Information. We do not sell Personal Information as it is defined in the CCPA.

We disclosed the following categories of Personal Information to service providers and third parties for a business purpose in the 12 months preceding the Effective Date of this Privacy Policy:

• Name
• Email addresses
• Postal address
• Telephone number
• Internet Protocol address
• Information re consumer’s interaction with website, application, or advertisement
• Records of products purchased, obtained, or considered
• Purchasing histories
• Search history
• Browsing history
• Cookies, beacons, pixel tags, or other similar technology

We disclosed each of those categories of Personal Information to the following categories of service providers and third parties:

• Service providers and vendors (e.g., email, hosting, maintenance, backup, analysis, etc.)
• Business partners
• Government entities

We do not knowingly collect or sell the Personal Information of minors under 16 years of age.

If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected. However, per the CCPA, we are not required to comply with a request to delete if it is necessary for us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

How to Submit a Request to Know or Delete

You may submit a request to [email protected]. If you submit a request to delete online, you may be asked to confirm separately that you want your Personal Information deleted.

Our Process for Verifying a Request to Know or Delete

If we determine that your request is subject to an exemption or exception, we will notify you of our determination. If we determine that your request is not subject to an exemption or exception, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure or deletion as applicable.

For requests to access categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

For requests to access specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorized deletion, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

Right to Opt-Out of Sale of Personal Information

If you are a California resident, you have the right to direct businesses to stop selling your Personal Information. We do not sell Personal Information as it is defined in the CCPA.

Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights

We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.

Authorized Agents

If you are submitting a request on behalf of a California resident, please submit the request through the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Shine the Light Law

We do not disclose personal information obtained through our Site or Services to third-parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

ACCESSIBILITY

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

How to Contact us

To contact us for questions or concerns about our privacy policies or practices please contact us via any of the following methods:

By email: [email protected].