1. GENERAL

Nonagon Ltd. (together with its affiliated companies, “Nonagon,” “we,” “our,” or “us”) is the developer and owner of the Nonagon N9 and Nonagon N9+ physical examination device (the “Device“) and service for remote patient examination, which includes our cloud-based platform (the “Platform“), mobile application (the “App”), and, optional, third party telehealth services, all provided as part of the services offered by Nonagon and available for use and registration through Google Play Store and Apple App Store (collectively, the “Nonagon Solution“).

This privacy policy (“Privacy Policy”) explains Nonagon’s practices regarding its collection, storage, usage and disclosure of certain information, including Personal Information (as such term is defined below), received from (i) licensed health care professionals who use and/or access the Platform as customers of Nonagon or who work with customers of Nonagon, or who receive access to Patient Information on the Platform, at the request of a Patient (“Medical Professionals“) (ii) patients of Medical Professionals who use and/or access the Device and App; and (iii) patients who purchase the Nonagon Solution directly from Nonagon (all such patients, collectively, “Patients”). Medical Professionals and Patients shall be collectively referred to herein as “User“, “you” or “your“.

“Personal Information“, in the context of this Privacy Policy, shall mean any information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means.

This Privacy Policy is an integral part of the relevant contract between you and Nonagon (this “Policy”).

2. CONSENT AND MODIFICATION

You are not legally obligated to provide us Personal Information, and you hereby confirm that providing us Personal Information is at your own free will. By using the Nonagon Solu-tion, you consent to the terms of this Privacy Policy and to our collection, processing and sharing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not access or otherwise use the Nonagon Solution.

3. INFORMATION WE COLLECT

3.1 If you are a User:

3.1.1 Registration –When you register for the Nonagon Solution, you will need to provide us with your full name, email address, phone number, and/or the name and address of our marketing partner’s site that may have promoted the Nonagon Solution to you. This information will be processed for the purpose of performing our contract with you, to set up your account with us and enable you to use the Nonagon Solution.

3.1.2 Contact Details –In the event you contact us for support or other inquiries you may be requested to provide us with your full name and email address. We will process this information subject to our legitimate interest and use it solely for the purpose of contacting you, responding to your inquiries and providing you with the support or information that you requested. We may process the contents of our correspondence with you in order to improve our customer service and in order to resolve any disputes with you (if applicable).

3.1.3 Tracking- communication between Patients and Medical Professionals will be tracked in order to indicate to each party whether messages have been sent, read, and/or seen. In addition, in order to connect the Device to a mobile phone through use of blue tooth technology, Apple may require GPS tracking to be activated.

3.1.4 Location Data–We may provide certain location-based services (“Location Services”) in connection with the Nonagon Solution that are dependent on data related to the geographic location of your mobile device on which the App is installed (“Location Data”). If you choose to participate in these Location Services, you agree that we may collect or obtain your Location Data. You can chose the settings on your mobile device to turn on location-sharing features.

3.1.5 Log Files– We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Services, track users’ movement around the Services, and gather demographic information.

3.1.6 Cookies and Other Tracking Technologies– The Nonagon Solution may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our services and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Nonagon Solution. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. See our cookies policy.

3.1.7 Mobile Device Data- We may collect limited information from your mobile device in order to provide the Nonagon Solution. Such information may include your mobile device type, mobile device id, and date and time stamps of App use. In addition, we may deploy tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes.

3.1.8 Online Identifiers and Technical Non-Personal Information –When you use our Platform, we may, either directly or indirectly (through our third-party service providers) collect your IP address. We may collect technical, non-Personal Information from you when you access the Nonagon Solution, as well, such as, your language preference and the actions you take when you use the Nonagon Solution. In the event required under applicable law, we will obtain your consent to gather such information. Please note that we do not attempt to analyze or determine your identity based on such information or otherwise combine it with any information such as your name or email address.

Finally, please note that some of the abovementioned Personal Information will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Information may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Information and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

3.2 If you are a Patient:

3.2.1 Patient Data – When Medical Professionals use our Platform or Patients use the App and/or Device, certain information regarding the Patient will be uploaded onto our Platform, either automatically, by the Patient himself/herself, by the Patient’s own Medical Professional, or by a Medical Professional of a third party telehealth service provider engaged by the Patient through the Nonagon Solution, including, but not limited to, the Patient’s full name, ID number, date of birth, gender and certain health information of the Patient, including, but not limited to, results of physical exams such as, body temperature, SpO2 and pulse rate, auscultation recording, otoscope recording, images of skin, mouth and throat, blood pressure, ECG results, weight, glucometer results, spirometer results, and/or results from urine samples. We may store this information, analyze it and provide a report to Medical Professionals to help enable them to properly treat and assist their Patients and in order to enable us to provide the Nonagon Solution. We will retain any such information for as long as needed to fulfill the purposes for which the information was originally collected, subject to applicable law.

3.2.1 Patient Data Submitted on Behalf of a Minor – IIf you use the Nonagon Solution on behalf of an individual under the age of 18 years, or permit an individual under the age of 18 to use or access the Nonagon Solution, you represent and warrant that you have the legal authority to act on behalf of that person and/or to submit, or permit the submission of, their Personal Information to the Nonagon Solution.

3.3 If you are a Medical Professional:

3.3.1 Medical Professional data – In order for us to provide the Nonagon Solution, when Medical Professionals use our Platform or otherwise access their patient’s data, certain information regarding the Medical Professional will be processed. This data may include: name, email address, profession, medical license number and phone number. This data will enable us to send the Medical Professional information regarding its patients, confirm the Medical Professional’s credentials as well as to enable the Nonagon Solution. In addition, we may send information regarding the services and use of the Nonagon Solution by way of email and/or SMS to Medical Professionals.

3.4 When we Collect your Information Provided by Non-User Customers

3.4.1 Where Nonagon provides the Nonagon Solution to a Nonagon customer that is not a User and permits us to collect your Personal Information in accordance with that customer’s contract with you, Nonagon functions as a data processor of that customer. If you are a User whose Personal Information was input to the Nonagon Solution by one of our customers, please note that our customer is legally responsible for the collection, transfer and use of your Personal Information.  In such cases, Nonagon is providing a service on behalf of the customer, so you should contact that customer for any privacy-related questions.

4. HOW WE COLLECT DATA

Depending on the nature of your interaction with us, we may collect information from you in one or both of the following ways:
(i) Automatically – we may automatically collect some information from you, such as your IP address, when you use the Nonagon Solution.

(ii) Provided by you voluntarily – we will collect information if and when you choose to provide us with the information, such as via communications with us or when you register for Nonagon Solution, all as explained in this Privacy Policy.

(iii) Provided by a relevant Medical Professional – we will collect information if and when an authorized Medical Professional provides us with the information when they use the Platform.

(iv) Provided by an Authorized Non-User Customer – we will collect information via a Nonagon customer that is not a user and permits us to collect your Personal Information in accordance with that customer’s contract with you and your authorization.

5. SHARING INFORMATION WITH THIRD PARTIES 

We may disclose your Personal Data to any member of our group of companies reasonably necessary for the purposes and on the legal basis set out in this policy.

We may disclose your Personal Data to our trusted third parties, with whom we have engaged to perform business-related functions on our behalf, including, but not limited to, marketing and distribution of our products, hosting services, database maintenance, and analytics services.

In addition to the specific disclosures of Personal Data set out in this section, we may disclose your Personal Data where such disclosure is necessary for compliance with a regulatory obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your Personal Data where such disclosure is necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or an administrative or out-of-court procedure.

6. DATA RETENTION

We retain the information we collect as long as it remains necessary for the purposes set forth above, to comply with our legal obligations, to resolve disputes or to enter into agreements with our customers or partners, all in accordance with applicable laws and our Users’ written instructions.

7. USER RIGHTS

7.1 Personal Data – Depending on your jurisdiction, data protection and privacy laws provide you with the ability to exercise certain rights regarding your Personal Information that we process, such as:

• • The right to access and be informed about how your Personal Information is being used.
  • The right to access the Personal Information we hold about you.
  • The right to request the correction of inaccurate personal information we hold about you.
  • The right to request that we delete your Personal Information, or stop processing it or collecting it, in some circumstances.
  • The right to request that we transfer or report elements of your data either to you or another service provider.
  • The right to complain to your data protection regulator.
  • The right to complain to a supervisory authority; and
  • The right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

7.2 Non-Discrimination – We will not discriminate against you for exercising any of your regulatory rights. You may exercise any of your rights related to your Personal Information by contacting us by email at support_us@nongon-care.com or by the ‘contact us’ on our Website.

8. SECURITY 

We have put in place physical, administrative, and technical procedures and measures designed to help prevent unauthorized access and maintain data security confidentiality.

Although we take appropriate measures to safeguard against unauthorized disclosures of Personal Information, we cannot assure you that your Personal Information will never be disclosed, altered, or destroyed in a manner that is inconsistent with this privacy policy. If you have any questions about security on the Service, you can contact us at support_us@nongon-care.com.

9. NO SALE OF PERSONAL DATA

Nonagon does not and will not sell your Personal Information. However, if in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Information to such third party (whether actual or potential) in connection with the foregoing events. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Information in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company.

10. CHILDREN’S PRIVACY

The Nonagon Solution is not structured to attract individuals under the age of 18 years. Accordingly, we do not intend to collect Personal Information directly from anyone we know to be under 18 years of age. EXCEPT AS SET OUT IN SECTION Error! Reference source not found. (WHERE AN ADULT HAS THE LEGAL AUTHORITY TO CONSENT TO SUBMISSIONS OF PERSONAL DATA OF AN INDIVIDUAL UNDER THE AGE OF 18 TO THE NONAGON SOLUTION), IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE NONOGON SOLUTION AT ANY TIME OR IN ANY MANNER. If we learn that we have collected Personal Information directly from a child under 18 years of age (other than in accordance with Section Error! Reference source not found.), we will delete that information as quickly as possible. If you believe that we might have collected any such information directly from an individual under the age of 18 years, please contact us at support_us@nongon-care.com.

11. CHANGES TO THIS PRIVACY POLICY 

Nonagon reserves the right to amend this privacy notice at our discretion and at any time.

When we make changes to this privacy notice, we will post the updated notice on our Website and Nonagon Solution and update the Policy’s effective date. If we make significant changes to this Policy, we will notify you in advance. Your continued use of our Website and  Nonagon Solution following the posting of changes constitutes your acceptance of such changes.

14. CONTACT US 

Please contact us if you have any questions (or comments) concerning this Policy, as follows:

• By email: support_us@nongon-care.com
• By mail: Nonagon Ltd.

HaEshel Street 1, 3079830,

Caesarea, Israel

For any privacy concerns please contact our Privacy officer at: dpo@crisis24.com

Last Amended: October , 2022