PRIVACY POLICY

Biocodex Canada, a division of Biocodex, Inc. (“Biocodex”, “we”, or “us”), the maker of Florastor®, DIACOMIT® and other leading therapeutic products, values your privacy and wants you to be familiar with how we collect, use, and disclose Personal Information we receive from patients, customers, health care providers (“HCPs”), recruits and job applicants, and others who interact with us. This Privacy Policy describes how we process Personal Information collected in Canada via the www.biocodex.ca and www.florastor.ca Websites (the “Websites”), or otherwise through your online and offline interactions with us or our business partners.

This Privacy Policy is not intended for users outside of Canada. For information about how Biocodex processes your Personal Information in the US, please visit www.biocodex.us and, for other countries other than the US and Canada, please visit https://www.biocodex.com/en/privacy/.



Content Table

• Personal Information We Collect
• How We Use Personal Information
• How We Share Personal Information
• Information Automatically Collected on Our Websites
• Personal Information of Children
• Links to Other Websitess
• Cross-Border Transfers of Personal Information
• How We Secure Your Information
• Retention of Your Information
• Your Choices and Rights
• Changes To This Privacy Policy
• Contact Us

Personal Information We Collect

Personal Information - means any information that directly or indirectly identifies or relates to you or other individuals. We collect different types of Personal Information depending on the context of your relationship with us. Personal Information we may collect when you interact with our Websites, contact us, or otherwise interact with us online or offline may include:

Identifiers – such as full name, postal address, online identifier, email address, phone numbers, date of birth, unique personal identifier, or other similar identifiers, notably when you sign up for our Florastor community.

Other Personal Characteristics – such as age, race or ethnicity, gender, disability, or health-related information as such information that may be related to your purchase or use of our products.

Internet or other electronic network activity information – including but not limited to your IP address, your online preferences, pages you visit, and links you click, as well as other interactions with our Websites or advertisements.

Geolocation data – including your device location if you choose to allow us to collect that from your browser in order to identify retailers of our products that may be near you.

Other Personal Information – this may include information not listed here that you provide to us with your consent.

When you inquire about, apply for, or accept a position with us, we may collect Personal Information about you, including:

Professional or Employment Information – including, but not limited to your full name, home address, e-mail address, phone number, any information included on your resume, any web sites you may be affiliated to, as well as any other personal information you voluntarily provide us.



How We Use Personal Information

The purposes for which we collect and use your Personal Information varies depending on the type of relationship you have with us.

We may use Personal Information for the following purposes:

·      To ensure the proper operation of our day-to-day business;

·      To respond to your inquiries, comments, feedback, or questions, and to provide you with related customer service;

·      To send you newsletters, coupons, or other product information;

·      To send administrative information to you, for example, information regarding our services and changes to our terms and conditions, and policies;

·      To understand your needs and interests, and personalize your experience with our Websites, our communications, and our products and services;

·      To facilitate social media sharing functionality;

·      To respond to reports of any adverse events;

·      To provide you with educational and marketing materials about our products and services;

·      For customer support and relationship management including product distribution;

·      To provide you with free samples;

·      To provide you with prizes, gifts, or other benefits when you enter a Biocodex-related contest on a social media platform;

·      To set your Websites preferences through your online activity gathered through our Websites, pixels, and cookies;

·      To process job applications and for consideration of employment;

·      For business purposes, such as data analysis, audits, developing new products, enhancing, improving or modifying our products and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities;

·      To prevent fraud, criminal activity, or misuses of our Websites, and to ensure the security of our IT systems, Websites, architecture, and networks;

·      To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties;

·      For any other purpose that you specifically authorize us based on your consent.

We may aggregate or de-identify Personal Information and use the aggregated information to analyze the effectiveness of our services, to improve and add features to our Websites, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Websites and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Websites, through cookies, and through other means described in this Privacy Policy.



How We Share Personal Information

As outlined above, we may share your Personal Information with the following categories of third parties as part of our usual course of business. Please note that by sharing your Personal Information with these third parties, it is possible that your information may be transferred outside the province of Quebec.

Affiliates. We may share your personal information with our affiliated entities, including our parent company, Biocodex (located in France).

Service Providers and Contractors. In certain circumstances, Biocodex engages third party service providers and contractors to help us accomplish our business objectives. We may share the categories of Personal Information described above with our third-party service providers and contractors without further notice to you, unless required by law.

Some service providers with whom we may share your personal information include providers of hosting services, cloud services, other information technology services, email solutions, data analytics services, marketing databases and solutions, or support and maintenance services for the Websites.

Pursuant to our instructions, the service providers or contractors will access, process, or store Personal Information in the course of performing their duties to us. If the engagement involves the transfer of Personal Information, we require service providers and contractors to sign a data processing agreement consistent with this notice before we transfer any Personal Information to them. These companies do not have any independent right to share or use this information.

Third-party Partners and Advertisers. We may share your Personal Information with our business partners, including advertisers, marketing partners, retail partners, distributors, and online sellers, in order to market products and services that we believe may be of interest to you.

In addition, under certain circumstances, we may need to share your Personal Information with the following if required by law or contract:

Government Agencies, Regulators or Others for Legal Purposes. We may also share your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users, or the public, or (v) protect against legal liability.

Business Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction, and also may be transferred along with other assets to a successor or affiliate of Biocodex Therapeutics as part of that Transaction.



Information Automatically Collected on Our Websites

We, our affiliates, including affiliates located in the EU and the US, and our third party service providers may collect Personal Information via our Websites, including through the following methods:

Your browser or device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.

Cookies. Cookies are pieces of information stored directly on the computer that you are using. We use the following types of cookies on our Websites:

·      Necessary cookies. These are cookies that are required for the operation of the Websites.

·      Functionality cookies. These cookies remember choices you make and are used to recognize you when you return to the Websites.

·      Analytical cookies. These cookies collect information about how you use the Websites. They allow us to recognize and count the number of visitors and to see how visitors move around within the Websites.

·      Targeting or Advertising cookies. These cookies collect information about your browsing activities in order to understand your interests for marketing purposes. We, or third parties, may place or recognize these cookies on your browser when you visit certain Websites for the purpose of serving you with advertisements regarding our products and services that may be of interest to you (i.e., retargeting). These cookies may also be used for frequency capping purposes (e.g., to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness. We also use tracking technologies in our advertisements, email newsletters and/or other communications to collect information such as whether you clicked on an advertisement, opened our communication or clicked on any of the content contained therein.

You may choose to opt out of any of these cookies except Necessary Cookies by visiting our Cookies preference page on the bottom of our Websites. Alternatively, if you do not want information collected through the use of cookies, you can disable them in your browser. Please note that opting out of or disabling cookies may disrupt the functionality of some features of our Websites.

Pixel tags and other similar technologies. Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Websites, measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.

Third Party Pixels. We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use our Websites, purchase our products or use our services. Such advertisements may be based on information relating to your access to and use of our Websites, products, or services. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice, and to learn about your choices in connection with it, please visit: https://youradchoices.ca/en/tools, and https://www.networkadvertising.org/managing/opt_out.asp, .

Analytics. We use third-party analytics providers such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. Google Analytics may also collect information regarding the use of other Websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/ and opt out by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Adobe Flash (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies. We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Websites Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including those used in connection with the Services.

Personal Information of Children

Our Websites, products, and services are not directed to children who are under the age of 14. Biocodex does not knowingly collect Personal Information from children under the age of 14 without express written consent of a parent or guardian. If you have reason to believe that a child under the age of 14 has provided Personal Information through the Websites, please contact us and we will endeavor to delete that information from our databases.

Links to Other Websites

The Websites may contain links to other Websites not operated or controlled by Biocodex, including social media services (“Third Party Websites”). The information that you share with Third Party Websites will be governed by the specific privacy policies and terms of service of the Third Party Websites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Websites directly for information on their privacy practices and policies.

Cross-Border Transfers of Personal Information

We may process, store, and transfer your personal information in and to another province or territory outside of Quebec or country outside of Canada, with privacy laws that may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we first complete a Privacy Impact Assessment to ensure the safety of the data transfer, and require that it is contractually obligated to keep personal information confidential and that it will use the information only for the purposes for which we disclose it to them.

How We Secure Your Information

We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. In addition, we carefully choose service providers to work with, and check they have security measures and technologies in place to protect your personal information. These measures include, but are not limited to, authentication systems such as login credentials and passwords, secure email, firewalls, antivirus, and computer backups.

However, no Internet or e-mail transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Websites or email. Please keep this in mind when disclosing any Personal Information to Biocodex via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Websites, or Third-Party Websites.

Retention of Your Information

We retain Personal Information for as long as need or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

·      The length of time we have an ongoing relationship with you and provide services to you, for example, for as long as you have an account with us or keep using our services, and the length of time thereafter during which we may have a legitimate need to reference your Personal Information to address issues that may arise;

·      Whether there is a legal obligation to which we are subject, for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them; and

·      Whether retention is advisable in light of our legal position, such as in regards to applicable statutes of limitations, litigation or regulatory investigations.

Your Choices and Rights

You have the following rights with respect to the Personal Information we maintain about you:

·      the right to access and receive a copy of your Personal Information;

·      the right to correct or rectify your Personal Information;

·      the right to de-index any hyperlink which can lead to information regarding you;

·      the right to be informed if a decision regarding your query or submission for a job posting will be subject to an automated answer;

·      the right to withdraw your consent for the use of the Personal Information we have collected about you, including any consent you have provided to us to communicate with you; and

·      the right to file a complaint directly with Biocodex regarding our data collection and use policy, or directly with the Commission d’accès à l’information, the Office of the Privacy Commissioner of Canada or any other competent supervisory authority;

You further have the right to request information about the categories of persons to have access to your Personal information within Biocodex, the duration of the period of time your Personal Information will be kept, and the contact information of the person in charge of the protection of Personal Information.

Requests to exercise these rights may be made by communicating with us using the contact information listed in the Contact Us section of this Privacy Policy.

Changes To This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this page. We may change this Privacy Policy from time to time. When we make changes to this policy, we will post the updated version on our Websites and indicate the date the policy was last updated. We encourage you to review this page periodically to check for any updates. Your continued use of our Websites or Services indicates your consent to the terms of our Privacy Policy at the time of use.

Contact Us

Our Data Protection Officer can be contacted at privacy@biocodex.ca.

If you have questions regarding this Privacy Policy or wish to exercise your privacy rights, please contact us at: privacy@biocodex.ca

Biocodex Canada Inc.

1250 René-Levesque, suite 2200

Montréal, Qc

H3B 4W8

CANADA