This Privacy Policy describes how SoBe Therapy Co (“Vita-Fem™”) and our subsidiaries and affiliates (together “we”, “us”, or “our”) collect, store, use, and disclose your personal information through the Vita-Fem™ mobile application (the “App”), or when you visit our website, use our services, or make a purchase from www.vita-fem.com (the “Site”) or otherwise communicate with us regarding Vita-Fem™ services (collectively, the “Services”). For purposes of this Privacy Policy, “you” and “your” means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. If we make changes that materially affect how we collect, use, disclose, or otherwise process your personal information, we will provide additional notice, such as by email, through the Services, or by other means required by applicable law. The date at the top of this Privacy Policy indicates when it was last updated.

How We Collect and Use Your Personal Information

To provide the Services, we collect personal information about you from a variety of sources, as set out below.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, improve the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with and use our Services. When we use the term “personal information”, we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You

Information that you directly submit to us through our Services, which may include:

• Contact details including your name, address, phone number, and email.
• Order information including your name, billing address, shipping address, payment confirmation, email address, and phone number.
• Account information including your username, alias, password, security questions and other information used for account security purposes.
• Shopping information including the items you view, put in your cart, saved into your account like loyalty points, reviews, referrals or gift cards, or purchases.
• Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.
• Sensitive personal information, including health data that we analyze, such as daily and dietary habits and patterns, sleep information, details about physical and mental health, mood information, weight information, symptom tracking, wellness assessments, menopause symptoms, cycle information, hormone levels, health goals and contents of communications via email or chats, etc.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Information We Collect about Your Usage

We may also automatically collect certain information about your interaction with the Services (“Usage Data”). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

We and certain third parties acting on our behalf may use cookies, pixels, web beacons, software development kits (SDKs), mobile identifiers, analytics tools, and similar technologies to collect information regarding your interactions with our Services. These technologies may collect information such as browsing activity, pages viewed, links selected, device characteristics, identifiers, and other usage-related information. They may also be used to understand your activities across different websites, applications, devices, and online services over time. For additional information regarding our use of cookies and similar technologies, please refer to our Cookie Policy.

Information We Obtain from Third Parties

We may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

• Service Providers and Business Partners. We may receive information from vendors, analytics providers, marketing partners, and other service providers that support the operation, security, and improvement of the Services.
• Payment Processors who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
• Tracking Technologies and Analytics Providers. When you use the Services, interact with our communications, or engage with our advertisements, we and our third-party service providers may automatically collect information through cookies, pixels, web beacons, software development kits (SDKs), third-party libraries, and similar technologies. This information may include device identifiers, IP address, browser and device information, usage data, interactions with the Services, and information regarding your engagement with our emails, content, or advertisements.

How We Use Your Personal Information

• Providing Products and Services. We use your personal information to provide you with the Services, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and other features and functionalities related to your account. We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services that you may choose to use. In this case, Shopify will process your information as set forth in its Privacy Policy and Consumer Privacy Policy.
• Development and Research. We may use anonymous, de-identified or aggregated data that no longer can be reasonably used to identify you to conduct research, evaluate user engagement, analyze trends, develop and improve our products and services, and support scientific, statistical, or business analysis activities.
• Marketing and Advertising. We may use your personal information to send you marketing, promotional and advertising communications, by email, text message or postal mail, and to show you advertisements for the Services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites. We may also use your personal information to personalize the content, recommendations, and advertisements you see on our Services. Where required by applicable law, we will obtain your consent before sending marketing communications or engaging in certain advertising activities. You may opt out of marketing communications at any time by following the instructions included in the communication or contacting us directly.
• Security and Fraud Prevention. We use your personal information to maintain the integrity of our Services, authenticate users, detect, investigate, prevent and respond to suspected fraudulent, unauthorized access, security incidents and any other illegal or malicious activity, and to enforce our agreements and policies. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe, and should notify us promptly if you believe your account has been compromised. We highly recommend that you do not share your username, password, or other access details with anyone else.
• Communicating with You and Improving the Services. We use personal information to communicate with you about your account, respond to inquiries and support requests, provide customer service, send administrative and service-related communications, troubleshoot issues, analyze how the Services are used, conduct research and analytics, monitor performance, develop new features, personalize user experiences, and improve the quality, effectiveness, and security of the Services.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for contract fulfillment purposes and for the purposes described in this Privacy Policy and as otherwise permitted or required by law. Such circumstances may include:

• With service providers, vendors or contractors who perform services on our behalf including hosting, cloud storage, payment processing, analytics, customer support, security, communications, and technology infrastructure. These parties are authorized to access personal information only as necessary to provide services to us and are contractually required to protect it.
• With advertising, analytics, and marketing partners to help us measure, improve, and promote our Services. We do not disclose sensitive health-related information to third parties for targeted advertising purposes.
• When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
• With research partners or service providers conducting research, analytics, or product development activities on our behalf, subject to your consent, appropriate safeguards and applicable law.
• In connection with a business transaction such as a merger or bankruptcy, or to comply with applicable law, regulation, legal process, governmental request, court order, subpoena, or other lawful request; to investigate or prevent fraud, security incidents, or illegal activity; to enforce our agreements; or to protect the rights, property, safety, and security of the Services, our users, or others.
• We may disclose aggregated, anonymized, or de-identified information that cannot reasonably be used to identify an individual for research, analytics, business, product development, or other lawful purposes.

We do not use or disclose sensitive personal information without your consent or for the purposes of inferring characteristics about you.

Third Party Websites and Links

Our Services may contain links to websites, applications, or other online services operated by third parties. These third-party services are governed by their own privacy policies, terms of use, and security practices, which we encourage you to review before providing any personal information.

We do not own or control, and are not responsible for, the content, privacy practices, security measures, or policies of any third-party websites or services. The inclusion of a link to a third-party website or service does not imply our endorsement of, or affiliation with, that third party unless expressly stated otherwise.

If you choose to interact with third-party platforms, including social media networks, any information you submit, post, or make available through those platforms may be collected, used, and disclosed by the applicable third party in accordance with its own policies. Your interactions with such platforms are at your own discretion and are subject to the privacy practices of the respective provider. Certain features of our Services may be provided by third parties. Your use of those features may result in the collection of information directly by the third-party provider.

Cookies and Similar Technologies

We and our service providers may use cookies, pixels, web beacons, software development kits (SDKs), local storage technologies, device identifiers, and similar technologies (“Cookies and Similar Technologies”) to operate, secure, maintain, and improve the Services.

These technologies may be used to:

• Provide and maintain the Services;
• Remember user preferences and settings;
• Authenticate users and protect account security;
• Analyze usage of the Services;
• Measure performance and engagement;
• Diagnose technical issues;
• Support customer service and product improvement activities.

Depending on your browser, device, and applicable law, you may be able to manage Cookies and Similar Technologies through your browser settings, device settings, or other available tools. Please note that disabling certain technologies may affect the functionality and availability of portions of the Services.

We may recognize browser-based preference signals, including Global Privacy Control (“GPC”), where required by applicable law. When we are able to recognize and process such signals, we will treat them as requests to opt out of certain processing activities, such as targeted advertising or the sharing of personal information, as required by applicable law.

For additional information regarding our use of Cookies and Similar Technologies, including the categories of technologies we use and available choices, please review our Cookie Policy.

Security and Retention of Your Information

We implement reasonable administrative, technical, and physical safeguards designed to protect personal information, including sensitive health-related information, from unauthorized access, use, disclosure, alteration, or destruction. These safeguards may include encryption of data in transit and at rest, access controls, security monitoring, vulnerability assessments, and other measures appropriate to the nature and sensitivity of the information we process.

You are responsible for maintaining the confidentiality of your account credentials and should take appropriate precautions to protect access to your account and devices.

While we employ measures designed to safeguard personal information, no method of transmission over the Internet or electronic storage system can be guaranteed to be completely secure.

Security Incidents. If we become aware of a security incident involving personal information, we will investigate the matter, take appropriate steps to mitigate its effects, and provide any notifications required by applicable law.

We retain personal information for as long as reasonably necessary to achieve the purposes described in this Privacy Policy, including to provide our Services, comply with legal obligations, resolve disputes, enforce our agreements, and protect our legal rights. When personal information is no longer required for these purposes, we will delete, anonymize, or otherwise dispose of it in accordance with applicable law.

Children’s Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information from anyone under age 18. If we become aware that we have collected personal information from an individual under the age of 18, we will take reasonable steps to delete such information as soon as practicable and in accordance with applicable law.

If you believe that an individual under the age of 18 has provided personal information to us, please contact us using the contact information provided in this Privacy Policy so that we may investigate and, where appropriate, delete the information and take any other necessary action.

As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

US State Privacy Rights

Depending on your state of residence and applicable law, you may have certain rights regarding your personal information. Subject to applicable legal limitations and verification requirements, these rights may include the right to:

• Confirm whether we process your personal information;
• Access personal information we maintain about you;
• Correct inaccuracies in your personal information;
• Request deletion of your personal information;
• Obtain a copy of certain personal information in a portable format;
• Opt out of certain processing activities, including targeted advertising, profiling, or the sale or sharing of personal information where such rights are provided by applicable law; and
• Appeal our decision regarding a privacy rights request where required by applicable law.

Certain information collected through the Services, including symptom-tracking information and other health-related information, may be subject to additional protections under applicable consumer health data laws. For more information regarding our collection, use, disclosure, and processing of consumer health data, as well as any applicable health-data-specific rights, please review our Consumer Health Data Privacy Notice.

We will not discriminate against you for exercising any privacy rights available under applicable law.

To exercise your privacy rights, please contact us using the information provided in the “Contact” section below. We may request additional information to verify your identity before responding to your request.

If we deny your request, you may have the right to appeal our decision. Instructions for submitting an appeal will be provided in our response where required by applicable law.

Certain information may be exempt from these rights under applicable law, including where retention is necessary to comply with legal obligations, exercise legal claims, protect security, or otherwise as permitted by law.

Complaints & Questions

We encourage you to contact us first if you have any questions, concerns, or complaints regarding our collection, use, disclosure, or processing of your personal information. We will make reasonable efforts to investigate and address your concerns promptly and in accordance with applicable law.

If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please email us at contact@vita-fem.com or contact us at:

SoBe Therapy Co
501 Silverside Rd, Ste 105 #5412
Wilmington, DE 19809
United States