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WHOLE BIOME PRIVACY POLICY

Whole Biome Inc. (“Whole Biome”) is committed to maintaining the privacy of your personal information collected through the website(s) managed and operated by Whole Biome, including: www.wholebiome.com and www.wholebiomeibs.com, any of their subdomains, or any related sites, applications, widgets or online services offered by Whole Biome (individually or collectively referred to as the “Site”).  This Privacy Policy discloses Whole Biome’s information collection and dissemination practices in connection with the Site and applies solely to the information that we collect through the Site.  This Privacy Policy does not address personal information that you provide to us in other contexts (e.g., through a business or investment relationship not handled through the Site).

ACCEPTANCE OF PRIVACY POLICY

By using the Site, you signify your acceptance of this Privacy Policy.    Your continued use of the Site following the posting of changes to these terms will mean that you accept those changes. If you do not agree to the terms of this Privacy Policy, do not use the Site.

WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy covers how Whole Biome treats personal information (“PI”) that it collects and receives through the Site.  PI is information about you that is personally identifiable (e.g., your name, address, e-mail address, phone number, payment card information, and any other information that you submit, including answers to surveys or questionnaires, testimonials or other information regarding your experiences with Whole Biome’s products or services) and is not otherwise publicly available.

How Personal Information Provided By You May Be Used

We use the information that we collect from you to provide you with products and services (collectively “Services”), support and enhance your use and access of the Services, to monitor which features of the Services are of most interest and to allow us to determine which features we need to focus on improving. If you choose to provide us with PI, you consent to the transfer and storage of that information on our servers located in the United States, and to the use of that PI in accordance with the terms of this Privacy Policy.

Except as described in this Privacy Policy, Whole Biome only collects your PI through this Site when you choose to provide such information, such as when you enter your e-mail address to use the “Contact Us” feature, or when you submit answers to questions or surveys posed through the Site.  PI can include your name or e-mail address as well as other information that you submit. Whole Biome may use your PI to:

In some cases, Whole Biome may use PI submitted by you, such as your answers to questions or surveys about our products or services, your demographic or geographic information, to demonstrate the value of its products and/or services in marketing and/or advertising materials or media.  In such cases, Whole Biome shall not identify you as the source of such information without your express consent, and absent such consent, shall ensure that any such presented information is anonymized so that the information will not be attributable to you when and as presented.

Whole Biome will not sell, rent, license, or trade your PI with third parties for their own direct marketing use unless we receive your express consent to do so.  Unless you give us permission to do so, Whole Biome will not share your PI other than as specified in this Privacy Policy.

Disclosures to Third Parties Assisting In Our Operations  

Whole Biome may share your PI under confidentiality agreements with other companies that work with, or on behalf of, Whole Biome, to provide products and services.  These companies may use your PI to assist Whole Biome in its operations.  These companies do not, however, have any independent right to share this information.

Disclosures Under Special Circumstances. We may disclose your PI to respond to subpoenas, court orders, legal process or governmental regulations, or to establish or exercise our legal rights or defend against legal claims.  We may also disclose your PI if we believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.

Business Transfers.  We may share your PI with other business entities in connection with the sale, assignment, merger or other transfer of all or a portion of Whole Biome’s business to such business entity.  We will require any such successor business entity to honor the terms of this Privacy Policy.

AUTOMATICALLY COLLECTED INFORMATION AND ANONYMOUS INFORMATION

Each time a visitor comes to the Site, Whole Biome collects some information to improve the overall quality of the visitor’s online experience.

Aggregated Data. Whole Biome collects aggregate queries for internal reporting and also counts, tracks, and aggregates the visitor’s activity into Whole Biome’s analysis of general traffic-flow at the Site.  Whole Biome may also remove personal identifiers from PI and maintain it in aggregate form that may later be combined with other information to generate anonymous, aggregated statistical information.  Whole Biome may share, publicly or privately, anonymized or aggregated information from the Site.  If Whole Biome shares aggregate information, it will do so in a manner that no individual can be identified.

Web Server Logs and IP Addresses.  An Internet Protocol (“IP”) address is a number that automatically identifies the computer/device you have used to access the Internet.  The IP address enables our server to send you the web pages that you want to visit, and it may disclose the server owned by your Internet Service Provider.  Whole Biome may use IP addresses to conduct website analyses and performance reviews and to administer the Site.

Cookies and Web Beacons.  Cookies are pieces of information that a website transfers to a user’s computer for purposes of storing information about a user’s preferences.

Cookies in and of themselves do not personally identify users, although they do identify a user’s computer.  Many websites use cookies as a standard practice to provide useful features when a user visits the website and most web browsers are set up to accept cookies. Whole Biome uses cookies to improve your online experience when visiting the Site.  You can set your browser to refuse cookies, but some portions of the Site may not work properly if you refuse cookies.  Some of the Site’s web pages may use web beacons in conjunction with cookies to compile aggregate statistics about website usage.  A web beacon is an electronic image (also referred to as an “action tag,” “single-pixel,” or “clear GIF”) that is commonly used to track the traffic patterns of users from one web page to another in order to maximize web traffic flow and to otherwise analyze the effectiveness of websites.  Some web beacons may be unusable if you elect to reject their associated cookies.

We may participate in behavioral-based advertising. This means that a third party may place a cookie on your browser, or use a web beacon, to collect information about your use of our Site so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on our Site or on other websites. If you would like to opt-out from having the behavioral-based advertising companies with whom we have a relationship use your information for advertising purposes you can do so by visiting the Network Advertising Initiative or Digital Advertising Alliance.

We may also use services hosted by third parties, such as Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to assist in providing the Services.  Google Analytics uses cookies to help us analyze how users use the Services. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to, and stored by, Google on their servers. Google will use this information for the purpose of evaluating your use of the Services, compiling reports on website activity for us and providing other services relating to website activity and Internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Services.  By using this Services, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

REFERRALS/LINKS

The Site may contain links to third-party websites that may offer information of interest.  This Privacy Policy does not apply to those websites, and Whole Biome recommends reviewing those websites’ privacy policies individually.  Whole Biome assumes no responsibility for any material outside of the Site, including any website that may be accessed through a link from the Site.

SECURITY

Whole Biome takes measures it believes are reasonably designed to protect the PI that it receives from you from unauthorized access, use and alteration.  We believe, however, that a persistent attacker with sufficient resources would be able to defeat our security measures.  Therefore, we provide no guarantee that your PI will remain secure.

RESPONSE TO “DO NOT TRACK” SIGNALS

Some Internet browsers include the ability to transmit “Do Not Track” signals.  Since uniform standards for “Do Not Track” signals have not yet been adopted, Whole Biome does not process or respond to “Do Not Track” signals.

CHILDREN’S PRIVACY PROTECTION

The Site is not intended for use by persons under 18 years old.

CALIFORNIA

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of PI to third parties for their direct marketing purposes.  To make such a request, you may contact us by e-mail at service@wholebiome.com.

CHANGES

You may review and request changes to your PI that Whole Biome has collected, including the removal of your PI from Whole Biome’s databases in order to prevent receipt of future communications, using any of the following options:

You can send your request via e-mail to: service@wholebiome.com

TERMS AND CONDITIONS FOR YOUR ACCESS TO WHOLE BIOME BETA PRODUCTS

Whole Biome, Inc. (“Whole Biome”) is developing products that may eventually be sold for the management of one or more health conditions.  In the context of that development, Whole Biome is offering access to certain investigational and development stage products (“Beta Products”) to limited individuals for evaluation of potential effects of such Beta Products in exchange for an access fee (“Access Fee”), and agreement to the terms and conditions (“Terms”) set forth herein.  In acquiring the Beta Products and clicking the “Agree to Terms” button, you are acknowledging that you understand these Terms and are agreeing that the Terms govern your access and use of Beta Products from Whole Biome:

BETA PRODUCTS

Any and all products and or services offered to you through the Whole Biome IBS website (“Site”) constitute investigational Beta Products and are governed by the Terms set forth herein.  Any other products or services that you may purchase from Whole Biome that are offered through other channels, not including the Site, may be subject to their own specific terms and conditions, depending upon the nature of the products or services.

Not a Sale or Offer to Sell any Product

You understand and agree that in acquiring Beta Products and paying any applicable Access Fee, you are participating in a beta evaluation program for such Beta Products whereby Whole Biome is agreeing to provide you early access to potential future products in exchange for your agreement to the Terms and your payment of any applicable Access Fee.  THIS IS NOT A SALE OF ANY PRODUCT OR AN OFFER TO SELL YOU ANY PRODUCT.

Access Fees and Ordering Beta Products

In ordering any Beta Product(s) you agree to the amount and payment terms for the Access Fee(s) set forth on the Site, as Whole Biome may update them from time to time. You may place orders/requests for Beta Products on the Website by following the posted directions and fully and accurately completing all information requested (including without limitation, type and quantity of Beta Product(s) ordered, shipping information, and payment information). Once you place an order, the order will be transmitted to Whole Biome for processing.  All orders are subject to acceptance by Whole Biome, and Whole Biome reserves the right to reject any and all orders. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of any offer or commitment to provide Beta Products.  Whole Biome reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to you or any customer.  Verification of information may be required prior to the acceptance of any order. Once accepted, all orders are firm and non-cancelable by you. Orders will be deemed accepted by Whole Biome unless Whole Biome notifies you of a rejection in writing (including via email) within fourteen (14) days after you place the applicable order.

Investigational Nature of Products

You understand and acknowledge that the Beta Products are developmental in nature and may have little or no effect or benefit in managing any particular health condition, including those for which the Beta Product is being investigated and/or evaluated, as described on the Site. 

You understand that while Whole Biome is evaluating whether the Beta Products may be effective in managing certain health conditions, the Beta Products may not have been determined to have any effect in managing, benefitting or improving any particular health condition.

You understand and agree that while the Beta Products have been evaluated for safety by Whole Biome, and additionally have been determined to be Generally Recognized as Safe (GRAS) as a food, consumption of the Beta Products may not be entirely without minor adverse effects, including stomach pain, bloating, diarrhea, and nausea.   IF YOU EXPERIENCE ANY ADVERSE EFFECTS FOLLOWING YOUR CONSUMPTION OF BETA PRODUCTS, STOP TAKING THE BETA PRODUCTS IMMEDIATELY AND CONSULT WITH YOUR PHYSICIAN.

You understand and agree that you should only use the Beta Products under the supervision of your physician.

You understand and agree that the safety evaluation of any Beta Product is specifically related to individuals with the specific health condition identified with respect to such Beta Product, and that individuals suffering from different or additional serious health conditions should not consume the Beta Products.   

Authorized Use and Confidentiality

The Beta Products are intended for limited use in developing potential approaches to managing certain health conditions specified for each Beta Product, and they should not be used or any other purpose. 

You hereby represent and agree that:

  • you are purchasing Beta Products solely for your own use;
  • you are purchasing Beta Products solely for use in evaluating whether the Beta Product has any effect on managing the health condition(s) specified as the evaluation for such Beta Product on the Site;
  • you are using the Beta Products under the supervision of your physician;
  • you will use the Beta Products only in accordance with the instructions for use set forth for such Beta Product, or as instructed by your physician;
  • you are 18 years of age or older;
  • you will store the Beta Products as directed in any instructions provide on the Site or with the Beta Products;
  • you will maintain the Beta Products in a secure location to avoid loss or theft;
  • you will maintain information about the Beta Products as confidential, sharing such information only with your personal physician to the extent necessary to manage your own health.

You also hereby represent and agree that YOU WILL NOT:

  • distribute, resell, donate or give the Beta Products to any third party;
  • provide any Beta Products to any person(s) who is/are under the age of 18;
  • attempt to analyze, reverse engineer or otherwise attempt to ascertain the make-up, contents, or ingredients of the Beta Products.

Beta Products are Not Drugs

You understand and acknowledge that the Beta Products are being developed and evaluated as Medical Foods for the potential management of certain health conditions under a physician’s supervision.  The Beta Products are not drugs, and are NOT intended for the treatment of any disease or health condition.

Not Medical Advice

In providing the Beta Products, you agree that Whole Biome is not providing you with any medical advice, either through the Site, or in providing you with the Beta Products and their accompanying information. 

You understand and agree that if you are seeking any information regarding your personal health condition, that you have or will seek advice of your personal physician or other qualified healthcare professional.

Limitation of Liability and Disclaimer of Warranties

You acknowledge and agree that as investigational products, the Beta Products are provided to you on an “As-Is” and “As Available” basis.  You understand, acknowledge and agree that Whole Biome makes no representations or warranties relating to the Beta Products or their effectiveness in managing any health condition or otherwise, and that Whole Biome expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability and/or any warranty of fitness for any particular purpose. 

You acknowledge and agree that as investigational products, Whole Biome is not liable for any use of the Beta Products that is not in accordance with the instructions provided with such Beta Products or with these Terms (collectively referred to as “Unauthorized Use”).  Moreover, you agree to indemnify and hold Company harmless from any claims, suits, damages, awards or penalties resulting from any such Unauthorized Use of Beta Products by you or any third [arty obtaining Beta Products from you.

YOUR INFORMATION

You acknowledge and agree that with respect to any information you provide to Whole Biome regarding your use of the Beta Products, including your personal information and/or information related to your health, you have read and understood Whole Biome’s Privacy Policy, and you understand and agree to the provisions of that policy with respect to your submitted information.

Agree to Terms

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