EMITTO PRIVACY POLICY

Last Updated: October 12, 2020

EMITTO LLC (“EMITTO,” “us,” our” or “we”) is committed to protecting your privacy. Our privacy policy, which applies to all Users of our EMITTO mobile application (the “App”), is designed to explain the information we collect and how we use it to provide our services (“Privacy Policy”). Capitalized terms not defined in this Privacy Policy have the meanings provided in our EULA. This Privacy Policy is part of, and incorporated into, the EULA. 

In using the App, you may create a Personal Data Account (“PDA”) that permits you to store certain information and subsequently receive a numerical scores that, taken together, represent the probability of a positive test result for COVID-19 on the day in question.  The information stored on the PDA, while personal to you, has no identifying information that can be used to contact or identify you.     

By accessing and using the App, you consent to our collection, use, processing and sharing of the information that is stored on the PDA and you consent to our collection, use, processing, sharing and disclosure of your Personal Information (defined below) and other information as more fully described in this Privacy Policy.

1. TYPES OF INFORMATION WE COLLECT

We collect both "Personal Information" and "Non-Personal Information" about our Users. Personal Information is information that can be used to contact or identify you. "Non-Personal Information" is information that cannot be used to contact or identify you, and is not linked to information that can be used to do so.  You are not required to provide the Personal Information in the App, but, if you chose not to do so, we may not be able to provide you with certain services.

When you download the App, create and access a PDA, and take our daily health survey you will be providing Personal Information such as your name, email address, age, gender, current health indicators, medical history and symptoms into your PDA. When you enable a scan of your face for a respiration rate and blood oxygen saturation assessment, facial images and videos are not stored by the App but your blood oxygen saturation and respiratory rate will be stored in your PDA. EMITTO does not see or review the information submitted to your PDA. As discussed further below, all Personal Information in the PDA is securely cordoned off and EMITTO does not have access.

• If and when you interact with EMITTO through social media networks, such as “following” us, sharing content or contacting us through Facebook, Twitter, Instagram or other sites, we may receive information about you, including your profile information, picture, user ID associated with such social media account, friends list, and any other information you permit the social media network to share with third parties. The data we receive is dependent upon your privacy settings with the social media network in question.

• Examples of Non-Personal Information that we may collect include your hardware model, operating system and device settings.

2. HOW WE USE YOUR INFORMATION

a. Personal Information

EMITTO may use your Personal Information for the following representative purposes:

• Send you an invite code via email

• Respond to your requests and queries

• Processing services, maintaining PDAs, resolving disputes, preventing and identifying fraud and verifying your identity

EMITTO does not see or review the Personal Information you submit in your PDA. Such information is securely cordoned off.

b. Non-Personal Information

EMITTO may use Non-Personal Information for the following representative purposes:

• Perform internal operations on the App

• Improve the App

• Aggregate information collected to use in statistical analysis to help us track trends and analyze patterns

3. HOW WE SHARE AND DISCLOSE INFORMATION

We know how important it is to keep your Personal Information confidential. We will not share or disclose your Personal Information with anyone other than the entities specifically approved and directed by you through the App.

a. Dataswift

• Dataswift Limited (“Dataswift”) – operates and manages the PDAs that enable Users to control and exchange Personal Information. The PDAs will be maintained by Dataswift on a secure HIPAA-compliant server. Dataswift will not see or review any Personal Information entered or uploaded by Users. All Personal Information in PDAs will be owned by its individual Users. Please review Dataswift’s PDA Owner Agreement, Privacy Policy and Acceptable Use Policy (collectively, the “Dataswift Policies”) as well as the HAT Terms of Service.

b. Service Providers

We may share limited Personal Information with trusted vendors, consultants and data processors, among others, who perform services on behalf of EMITTO, including without limitation, companies that service the App. EMITTO has selected companies and individuals who maintain high standards with respect to privacy and agree to use the Personal Information only to perform specific services on behalf of EMITTO and in accordance with the terms and conditions of this Privacy Policy. However, under no circumstances will such service providers have any access to Personal Information stored in your PDA.

c. Partner Organizations Selected by You

Once you have received your EMITTO Scores, you may choose to authorize and direct us to share such scores, via QR code or other means, with our partner organizations, including airports, universities, stadiums and restaurants (“Partner Organizations”). The Partners Organizations you select will only receive your EMITTO Scores, and not any Personal Information you have provided through the App.

d. Aggregated Anonymous Information

Aggregated anonymous information is the combination of your Non-Personal Information with the Non-Personal Information of other Users (“Aggregated Anonymous Information”). Aggregated Anonymous Information does not allow you to be identified or contacted. We may share such Aggregated Anonymous Information with trusted third parties.

e. Compliance with Laws, Law Enforcement and Safety

We may disclose information we have collected if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend EMITTO’s, or a third party’s, rights or property.

f. Business Transactions

In the event we undergo a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your account may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Privacy Policy. However, under no circumstances will any such entities have access to Personal Information stored in your PDA.

4. COMMUNICATIONS

By downloading the App and creating a PDA, you consent to receive certain communications and notifications from us through the App, including terms and conditions, agreements, notices and disclosures (collectively, “Communications”), and agree that all Communications that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Reminders to complete your daily health survey and alerts regarding potential exposure to COVID-19 will only be sent if you affirmatively “opt in” to them through the App and have enabled the appropriate settings on your device.

5. CHILDREN

This App is not directed or intended for children under 18 years of age. We do not knowingly solicit, collect or maintain information from those we actually know are under 18.  By accessing, using and/or submitting information to or through the Application and the Services, you represent that you are not a child (minor). If we learn that we have received any information directly from a child without his/her parent’s written consent, we will use that information only to respond directly to that child (or his/her parent or legal guardian) to inform the child that he/she cannot use the Services, and we will subsequently delete that information.

6. SECURITY AND DATA RETENTION

We are very concerned with safeguarding your information. While we do not have access to any Personal Information in your PDA, we employ all reasonable administrative, physical and electronic measures designed to protect all information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Non Personal Information or "personal data" (as defined in applicable state statutes on security breach notification) to you via

conspicuous posting on the App in the most expedient time possible and without unreasonable delay, insofar as it is consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Your consent to such purpose remains valid after termination of our relationship with you. Although guaranteed security does not exist either on or off the Internet, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations.

The data retention policy for your PDA data is set by Dataswift and subject to their terms and conditions when you signed up to a PDA. In some circumstances you can ask us to delete your data: see your legal rights below for further information.

7. PASSWORDS AND CONFIDENTIALITY

We use PDAs for identity verification and authentication for the app. That means we do not hold any passwords or email addresses. You should create your password on your own PDA as part of the security procedures of the PDA infrastructure where you are responsible for maintaining the confidentiality of your password and username for the PDA infrastructure and you are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Application and we will not be liable where your password or username is used by someone else. You agree to inform us immediately of any unauthorized use of your password or username of which you become aware. We have the right to disable any user PDA whether chosen by you or allocated by us, at any time, if in our opinion, you have failed to comply with any of the provisions of these terms.

8. CHANGES TO OUR PRIVACY POLICY

We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not make any adverse, material changes to the way we use your Personal Information as described in this Privacy Policy without giving you an opportunity to opt out. Your continued use of the App after this Privacy Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Privacy Policy, as amended. We encourage you to review this Privacy Policy regularly.

9. PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS

Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of Personal Information, such as name, address, e-mail address, and the type of services provided to that individual, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. To request the above information, California residents can email us at privacy@emittoworld.com.

10. CONTACT US

If you have any questions regarding our Privacy Policy, you can contact us via email at privacy@emittoworld.com, or write to us at EMITTO LLC, 2575 Five Point Road, Marshall, Virginia 20115.