Thank you for choosing to be part of our community at 3Derm Systems, Inc., doing business as 3Derm (“3Derm”, “we”, “us”, or “our”). We take your privacy very seriously and are committed to protecting your personal information (“Personal Information”), defined below, and your right to privacy. We want you to be familiar with how we collect, use, and share your Personal Information. Please take some time to read through this privacy policy (the “Privacy Policy” or “Policy”) carefully, as it is important. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Services. If you have any questions or concerns about our Policy, or our practices with regards to your Personal Information, please contact us using the Contact Information below.

This Privacy Policy applies to your access to and use of the following services (“the Services”):

• the websites, such as www.3derm.com, that 3Derm operates (the “Sites”)
• the imaging applications, such as “3Derm ImageAssist”, that 3Derm operates (the “Apps”)
• all related services, sales, marketing or events

This Privacy Policy applies to you, the consumers who use the Services (the “User”, “Users”, or “you”). You can access the Services through the Sites or Apps, via desktop or laptop computer, mobile phone, tablet, or another consumer electronic device. In this Privacy Policy, we seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it.

By accessing or using the Services, you consent to this Privacy Policy and to our collection, maintenance, use, disclosure, and processing of Personal Information, all as described in this Privacy Policy.

1. WHAT INFORMATION DO WE COLLECT?

This Privacy Policy covers how we use and disclose Personal Information that we gather from you beginning at the time that you first access one of our Sites or Apps and on an ongoing basis as you use or access the Sites, the Apps, or other aspects of our Services.

Personal Information you disclose to us

In Short: We collect Personal Information that you provide to us, such as name, address, contact information, passwords and security data, and payment information.

In this Privacy Policy, “Personal Information” refers to information that you voluntarily provide to us when expressing an interest in obtaining information about us or our Services, when using our Services, or otherwise contacting us. The Personal Information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The Personal Information we collect can include the following:

Name and Contact Data. We collect your first and last name, email address, postal address, phone number, role, company affiliation, and other similar contact data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access on our Services.

Payment Data. We collect data necessary to process your payment if you make purchases, such as your credit card number and the security code associated with your credit card. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions. For more information please visit https://squareup.com/us/en/legal/general/privacy.

All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information.

Information automatically collected

In Short: Some information, such as IP address and/or browser and device characteristics, is automatically collected when you use our Services.

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

Like many businesses, we also collect information through cookies and similar technologies.

Information collected from other sources

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

We may obtain information about you from other sources, such as public databases, joint marketing partners, and other third parties. Examples of the information we receive from other sources include social media profile information, marketing leads, search results, and links, including paid listings (such as sponsored links).

Protected Health Information you disclose to us

In Short: We collect and transmit Protected Health Information that you provide to us, such as your medical history and images of skin conditions with identifying features.

In this Privacy Policy, we use the terms “Protected Health Information” or “PHI” to refer to the subset of Personal Information that we create, receive, transmit, or maintain as part of your usage of our Services, such as the Apps, where that information relates to (a) your past, present, or future physical condition; (b) the provision of healthcare to you; (c) your past, present, or future payment for that healthcare; or (d) images of skin conditions with identifying features such as your face and tattoos. Federal and state law afford you certain rights with respect to any access to, use of, or disclosure of your PHI.

To understand your federal rights, please refer to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). 3Derm may be considered a business associate under HIPAA when it enters into an agreement with a Covered Entity, such as a hospital or doctor’s office. This means that 3Derm may create, receive, or maintain PHI from or on behalf of a Covered Entity.

Information used by third party products or services

In Short: Our Privacy Policy applies only to 3Derm. We are not responsible for the practices of any third parties that we do not control.

Your privacy is important to us, and we are committed to carefully managing your Personal Information in connection with the Services that we provide. This Privacy Policy does not apply to the practices of any third parties that we do not control or the products or services that they provide. We are not responsible for the privacy practices, security processes, nor security standards of any third parties, including physicians and other healthcare providers using the Services, the manufacturer of any IT hardware and software used to access our Services, or any other third party mobile application or website to which our Services may contain a link. These third parties may at times gather information from or about you. We have no control over the privacy practices of these third parties.

2. HOW DO WE USE YOUR INFORMATION?

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

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

We use the information we collect or receive:

• To administer your account.We may use your information to setup and manage your account to access the Services.
• To fulfill contracts with you.We may use your information to provide you with the Services.
• To respond to your inquiries.We may use your information to contact you.
• To send you marketing and promotional communications. We and/or our third party marketing partners may use the Personal Information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time by sending a written request by mail or email using our Contact Information listed below.
• To request feedback. We may use your information to request feedback and to contact you about your use of our Services.
• To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
• For other business purposes. We may use your Personal Information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, marketing, and your experience.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

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

We may process or share data based on the following legal basis:

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

More specifically, we may need to process your data or share your Personal Information in the following situations:

• Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand online activity. Unless described in this Privacy Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. Please note that one third party we use is Google Analytics, which tracks and reports traffic on our Sites and Apps. You can learn how Google uses data when you use our Services, such as our website, at www.google.com/policies/privacy/partners/ .
• Business Transfers.We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Business Partners. We may share your information with our business partners to offer you certain products, services or promotions or to provide aggregated data to our partners and/or customers to identify how our Users use our Services.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

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

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies or to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites. To opt-out of interest-based advertising by advertisers on our Sites visit http://www.aboutads.info/choices .

5. CONTROLS FOR DO-NOT-TRACK FEATURES

In Short: We do not currently respond to DNT browser signals or similar mechanisms because there is currently no standard for online tracking.

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

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

We will only keep your Personal Information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this Privacy Policy will require us to keep your Personal Information for longer than two years.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

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

We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Sites or Apps is at your own risk. You should only access the Services within a secure environment.

8. DO WE COLLECT INFORMATION FROM MINORS?

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

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that Personal Information from Users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please submit your request in writing using the Contact Information provided below.

9. WHAT ARE YOUR PRIVACY RIGHTS?

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

You have the right to review, change, or terminate, your account and the Personal Information that we may process. Please submit your request in writing using the Contact Information provided below.

Additionally, depending on where you live or your citizenship you may have additional privacy laws and rights.

• European User Rights. The use of Personal Information in this Policy is equivalent to the term “Personal Data” under the General Data Protection Regulation (“GDPR”) and other applicable European data protection laws. According to Chapter 3 of the GDPR, data subject have eight rights : (1) The right to be informed; (2) The right of access; (3) The right of rectification; (4) The right of erasure; (5) The right to restrict processing; (6) The right to data portability; (7) The right to object; and (5) Rights related to automated decision making and profiling. If you want to learn more about your rights, you can visit: https://ec.europa.eu/info/law/law-topic/data-protection_en. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please submit your request in writing to us using the Contact Information provided below.
• California User Rights. If you are a resident of California, you are granted specific rights regarding access to your Personal Information. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our Users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing using the Contact Information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the Contact Information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.

10. DO WE MAKE UPDATES TO THIS POLICY?

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

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your Personal Information.

11. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

Contact Information: If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), Elliot Swart, by email, privacy@3derm.com, or by post to:

3Derm Systems, Inc
ATTN: Data Protection Officer
101 Huntington Ave., Ste. 1300
Boston, MA 02199
United States

If you have any further questions or comments, contact us by email, info@3derm.com, or by post to:

3Derm Systems, Inc
101 Huntington Ave., Ste. 1300
Boston, MA 02199
United States
Phone: (617) 237-6041