Terms of Service – End user licensing agreement (EULA)

1. By using or visiting the Lyte Investments Inc. (“Lyte”) website or any Lyte products, software, data feeds, and services provided to you on, from, or through our website or applications (collectively the “Service” or “Services”) you provide your agreement to: (i) this end user license agreement (the “Agreement” or “Terms of Service”); and (ii) Lyte’s privacy policy, found at www.lytemedical.com and incorporated herein by reference. If you do not agree to any of these terms or the privacy policy, please do not use the Services. The Lyte application (“Lyte App” or the “Application”) is made available to you through the App Store for the iOS version and PlayStore for Android version of the app. The Lyte App is licensed, and not sold, to you by Lyte, the legal licensor of this App. Your licence to this Application is subject to your prior acceptance of these Terms of Service.
2. The Service includes all aspects of Lyte, including but not limited to all products, software and services offered via the Lyte website, such as the Lyte prescription services, Lyte App, any embeddable players or uploading applications and other applications. The Service may contain links to third-party websites, services and content (including advertising) that are not owned or controlled by Lyte and Lyte has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Lyte will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content and expressly relieve Lyte from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

1. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at www.lytemedical.com. Lyte may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
2. In order to access some features of the Service, you will have to create a Lyte account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Lyte immediately of any breach of security or unauthorized use of your account. Although Lyte will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Lyte or others due to such unauthorized use.
3. The Services and all rights therein are and shall remain Lyte’s property or the property of Lyte’s licensors. Neither these terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted below; or (ii) to use or reference in any manner Lyte’s company names, logos, product and service names, trademarks or services marks or those of Lyte’s licensors.
4. Scope of License: Licensor grants to you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Lyte and its licensors. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Application, as well as upgrades provided by Lyte that replace or supplement the original Application, unless such upgrade is accompanied by a custom end user license agreement.

Except as provided in this Agreement, you may not distribute or make the Application available over a network, where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Application and, if you sell your personal device to a third-party, you must remove the Application from your personal device before doing so. You agree not to distribute in any medium any part of the Service or the related content without Lyte’s prior written authorization, unless Lyte makes available the means for such distribution through functionality offered by the Service.

You may not alter, modify, copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application).

You agree not to access content through any technology or means other than the Service itself or other explicitly authorized means Lyte may designate.

You agree not to use the Service for any of the following commercial uses unless you obtain Lyte’s prior written approval:

• the sale of access to the Service;
• the sale of advertising, sponsorships, or promotions placed on or within the Service or content; or
• the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service, unless other material not obtained from Lyte appears on the same page and is of sufficient value to be the basis for such sales.

1. Consent to Use of Data: You agree that Lyte may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. Lyte may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Lyte will take all reasonable measures to protect this data and not sell it to third parties. You can find a copy of Lyte’s privacy policy on the Lyte website at www.lytemedical.com.
2. This Agreement is effective until terminated by you or Lyte. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Lyte will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
3. External Services. The Application may enable access to Lyte’s and/or third-party services and websites (collectively and individually, “External Services“). You agree to use the External Services at your sole risk. Lyte is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Lyte or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Lyte or any third-party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Lyte is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Lyte reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
4. Text Messaging and Phone Calls. By creating an account, you agree that the Services and/or Lyte may send you text (SMS) messages, email messages and/or phone calls as part of the normal business operations of Lyte and of your use of the Services. You cannot for any reason whatsoever opt-out of receiving text (SMS) messages, email messages and/or phone calls from Lyte unless you cancel your prescription with Lyte.
5. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Lyte does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
6. No warranty. You expressly acknowledge and agree that use of the Application is at your sole risk. To the maximum extent permitted by applicable law, the Application is provided “as is” and “as available” with all faults and without warranty of any kind, and Lyte, its officers, directors, employees, and agents disclaim all warranties, express or implied or statutory, in connection with the Services and your use thereof, including but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. No oral or written information or advice given by Lyte or its authorized representative shall create a warranty. Should the Application or service prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations or applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. LYTE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APPLICATIONS CONTENT OR THE CONTENT OF ANY SITES LINKED TO ITS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. LYTE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LYTE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability. To the extent not prohibited by law, in no event shall Lyte, its officers, directors, employees, and agents be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruptions, or any other commercials damages or loses, arising out of or related to your use of or inability to use the licensed applications, however caused, regarding the theory of liability (contract, tort, or otherwise) and even if licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Lyte’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (CDN$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

YOU SPECIFICALLY ACKNOWLEDGE THAT LYTE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Lyte from its facilities in Canada. Lyte makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Lyte, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third-party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
2. Ability to Accept Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
3. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lyte without restriction
4. No Export. You may not use or otherwise export or re-export the Application except as authorized by Canadian law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Canada and/or U.S.-embargoed countries: or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by Canadian or United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
5. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Lyte shall be governed by the laws of the Province of Ontario, Canada, excluding its conflicts of law provisions. You and Lyte agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Ontario, Canada to resolve any dispute or claim arising from this Agreement. If (a) you are not a Canadian citizen; (b) you do not reside in Canada; (c) you are not accessing the Service from Canada; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs.

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

YOU AND LYTE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Data Privacy

Lyte Investments Inc. (“Lyte” or “us” or “we”) is committed to safeguarding the personal information of our employees, patients, physicians, customers and other stakeholders. This privacy policy describes the different types of personal information we handle and the privacy practices with respect to such personal information. This policy applies to users of Lyte’s services anywhere in the world, including users of Lyte’s apps, websites, features or other services. This policy describes how Lyte and its affiliates collect and use personal information to provide our services. This policy applies to all users of our apps, websites, features or other services anywhere in the world, unless covered by a separate privacy policy. The practices described in this policy are subject to applicable laws in the places in which we operate. This means that we only engage in the practices described in this policy in a particular country or region if permitted under the laws of those places. Please contact us if you have questions on our practices in your country or region.

While your personal information may be collected by a specific entity affiliated with us, that information will be managed collectively with all data collected by each of the affiliated entities. Your personal information will be comingled with the information collected by other entities into a single aggregate database. For the purposes of this privacy policy, the comingling of data collected by us and our affiliates shall not be deemed to be a disclosure of personal information to a third-party. While your personal information may be transferred to affiliated entities, your personal information will at all times be held on the same conditions of confidentiality and with the same level of security consistent with this policy.

We encourage our end users to read this privacy policy carefully and to contact us through https://lytemedical.com/ with any questions or concerns about our privacy policies.

Collection and Use of Personal Information

Personal information refers to any information about an identified or identifiable individual. The term “personal information” has the same meaning as set out in the federal Personal Information Protection and Electronic Documents Act (PIPEDA), which means any information about an identifiable individual including contact information, name, address, phone number, email address, gender, date of birth, and any other data about yourself that you choose to provide electronically through the website or otherwise, i.e. through the patient registration application form.

The term “personal health information” has the same meaning as set out in Ontario’s Personal Health Information Protection Act, 2004 (PHIPA) and includes information relating to your physical or mental health, as well as your health history, medical records, prescriptions and your health card number. For the purposes of this privacy policy, the term “personal information” also encompasses “personal health information” where applicable.

Any data that has been collected in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered personal information or personal health information. This type of anonymized information may be used for research purposes.

We may use or disclose your collected personal information without your knowledge or further consent in limited circumstances where we are required to do so by law. In certain limited circumstances, we may be required to release your personal information in response to a court order, subpoena, search warrant, law or regulation. We will cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the personal information they may receive.

You may be asked to provide your personal information anytime you are in contact with Lyte or one of its affiliates. Lyte and its affiliates may share this personal information with each other and use it consistent with this privacy policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

The follow is a non-exhaustive description of the type of personal information that we may collect, depending on your relationship with us and how you use our Services.

Personal Information of all users (Including Patients and Physicians)

The following list includes, but is not limited to, the personal information that may be collected by us respecting all users, including employees:

• contact information, including name, date of birth, gender, home address, telephone number, email address;
• criminal background check(s);
• employment information, including resume (which may include educational background, work history, and references), reference information and interview notes, letters of offer and acceptance of employment, policy acknowledgment forms, background verification information, workplace performance evaluations, emergency contacts;
• benefit information, including forms relating to applications or changes to health and insurance benefits including medical and dental care, life insurance, short and long- term disability;
• credit card or other financial information, including pay cheque deposit information and tax-related information, and Social Insurance Number or other required government issued identification;
• usage data respecting use of Lyte’s website(s) through the website(s) (or through third-party services employed by the website(s)) which can include the IP addresses or domain names of the computers utilized by the users; the URI addresses; the time of the request; the method utilized to submit the request to the server; the size of the file received in response; the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the user, the various time details per visit (e.g., the time spent on each page within the website(s)) and the details about the path followed within the website(s) with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the user’s IT environment; and
• other information as necessary to maintain our business relationship with you, such as information related to your preferences, feedback and information requested or provided by you.

Personal Information of Patients

The following list includes the type of personal information that may be collected with respect to users that register with us as patients (“Patients”) and utilize the Services for medical cannabis in accordance with the Cannabis Act and its regulations (the “Legislation”):

• name, date of birth, gender, home address, telephone number, email address;
• credit card or other financial information;
• health care information, including health card number, any relevant diagnosis or primary condition, information respecting the health care services provided to you, and information about your health status;
• insurance coverage and payment information, if applicable;
• information in connection with the products or services you inquire about or purchase from us; and
• usage data respecting use of Lyte’s website(s) through the website(s) (or through third-party services employed by the website(s)) which can include the IP addresses or domain names of the computers utilized by the user; the URI addresses; the time of the request; the method utilized to submit the request to the server; the size of the file received in response; the numerical code indicating the status of the server’s answer (successful outcome, error, etc.); the country of origin; the features of the browser and the operating system utilized by the user; the various time details per visit (e.g., the time spent on each page within the website(s)); and the details about the path followed within the website(s) with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the user’s IT environment.

Personal Information of Physicians

The following list includes the type of personal information that may be collected with respect to individuals that register with us as physicians that prescribe medical cannabis (“Physicians”):

• contact information, including name, email address, and phone number; and
• usage data respecting use of the Lyte’s website(s) through the website(s) (or through third-party services employed by the website(s) which can include the IP addresses or domain names of the computers utilized by the user; the URI addresses; the time of the request; the method utilized to submit the request to the server; the size of the file received in response; the numerical code indicating the status of the server’s answer (successful outcome, error, etc.); the country of origin; the features of the browser and the operating system utilized by the user; the various time details per visit (e.g., the time spent on each page within the website(s)); and the details about the path followed within the website(s) with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the user’s IT environment.

Unless specified otherwise, all personal information requested by us is mandatory in order for Lyte to provide its services to the user. As such, failure to provide this personal information may affect the ability for a user to utilize the Services. In cases where we have stated that the personal information is not mandatory to utilize the service, users are free to not communicate this personal information without any impact on their ability to use the Services.

How we use your personal information

We may process your personal information for the purposes described in this privacy policy, with your consent, for compliance with a legal obligation to which Lyte is subject or when we have assessed it is necessary for the purposes of the legitimate interests pursued by Lyte or a third-party to whom it may be necessary to disclose information, and from time to time, in medical and academic research.

• The personal information we collect allows us to keep you posted on Lyte’s latest content, service announcements, software updates, and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.
• We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, provide rewards, and for loss prevention and anti-fraud purposes. We may also use your personal information for account and network security purposes, including in order to protect our services for the benefit of all our users. Where we use your information for anti-fraud purposes it arises from the conduct of an online transaction with us. We limit our uses of data for anti-fraud purposes to those which are strictly necessary and within our assessed legitimate interests to protect our customers and our services. For certain online transactions we may also validate the information provided by you with publicly accessible sources.
• We may use your personal information, including date of birth, telephone number, security questions, etc., to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of Lyte account holders.
• From time to time, we may use your personal information to send updates, important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your continued interaction with Lyte, you may not opt out of receiving these communications.
• We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Lyte’s products, services, and customer communications.
• Enable us to comply with applicable laws and specifically the requirements of the federal Cannabis Act and Regulations.
• If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

Source of your personal information where they are not collected from you

We may have received your personal information from other persons if that person has shared their content with you using Lyte products or services, sent gift certificates and products, or invited you to participate in Lyte services or forums. We may also validate the information provided by you when creating a Lyte account with a third-party for security and fraud prevention purposes.

For research and development purposes, we may use datasets such as those that contain images, voices or other data that could be associated with an identifiable person. When acquiring such datasets, we do so in accordance with applicable law in the jurisdiction in which the dataset is hosted. When using such datasets for research and development, we do not attempt to re-identify individuals who may appear therein.

Collection and Use of Non-Personal Information

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

• We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where a Lyte product is used so that we can better understand customer behavior and improve our products, services, and advertising;
• We may collect information regarding customer activities on our Lyte application, website, and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered nonpersonal information for the purposes of this privacy policy;
• We may collect and store details of how you use our products and services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address;
• With your explicit consent, we may collect data about how you use your device and applications in order to help app developers improve their apps; and
• If you are registered as a patient with us, your personal information, including your name, date of birth, gender, email address, phone number and health information may be collected directly from a physician who provides us with a complete medical document on your behalf. This information will not be collected from your physician without your consent.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Only those employees and contracted individuals of Lyte who require access for business reasons or whose duties reasonably so require shall be granted access to personal information about users.

Cookies and Other Technologies

Lyte’s websites, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our applications and websites people have visited, and facilitate and measure the effectiveness of specific content, advertisements and web searches. We treat information collected by cookies and other technologies as nonpersonal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this privacy policy.

Lyte and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Lyte more convenient and personal. For example, knowing your first name lets us welcome you the next time you visit Lyte. Knowing your country and language helps us provide a customized and more useful viewing experience. Knowing someone using your phone, computer or device has shopped for a certain video or product or used a particular service helps us make our advertising and email communications more relevant to your interests. It also helps ensure that we do not show ads not related to your interests. In addition, knowing your contact information, hardware identifiers, and information about your phone, device or computer, helps provide you with better customer service.

As is true of most internet services, we gather some information automatically and store it in log files. This information includes IP addresses, mobile phone type, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer the application and websites, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. Lyte may use this information in our marketing and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on the Lyte website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Disclosure to Third Parties

At times Lyte may make certain personal information available to strategic partners that work with Lyte to provide products and services, or that help Lyte market to customers. For example, when you purchase and activate the Lyte app on your device you may authorize Lyte and your carrier to exchange the information you provide during the activation process to carry out a service. One example of this would be to purchase a product online. If you are approved for service, your account will be governed by Lyte and your carrier’s respective privacy policies. Personal information will only be shared by Lyte to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

Service Providers

Lyte shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Lyte operates.

Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Lyte to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third-party.

Protection of Personal Information

Lyte takes the security of your personal information very seriously. All our services are designed protect your personal information at rest and during transit using encryption. When your personal data is stored by Lyte, we use computer systems with limited access housed in facilities using physical security measures.

When you use Lyte’s products, services, or applications or post on a Lyte forum, chat room, or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

If you or anyone else using Lyte to share information on to a device that is owned by a third-party, any information shared within your family and friends—including calendar, location, videos etc. —may be downloaded on to that third-party device thereby disclosing any such shared information.

Integrity and Retention of Personal Information

Lyte makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this privacy policy and our service specific privacy summaries. When assessing these periods we carefully examine our need to collect personal information at all and if we establish a relevant need we only retain it for the shortest possible period to realize the purpose of collection unless a longer retention period is required by law.

Access to Personal Information

You can help ensure that your contact information and preferences are accurate, complete, and up to date by signing in to your Lyte ID account pages. For other personal information we hold, we will provide you with access (including a copy) for any purpose including to request that we correct the data if it is inaccurate or delete the data if Lyte is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion or access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes as described earlier. Online tools for the exercise of access, correction, or deletion requests are available on a regional basis by writing to us.

Children & Education

We understand the importance of taking extra precautions to protect the privacy and safety of children using Lyte products and services. Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own Lyte ID. If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible.

If at any time a parent needs to access, correct, or delete data associated with their child’s Lyte ID, they may contact us through one of the options provided at the bottom of this page.

Location-Based Services

To provide location-based services on Lyte products, Lyte and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your device and Lyte app or computer. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by Lyte and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt in to their location services.

The location-based services offered by Lyte, are designed to provide you with the best possible viewing experience.

ThirdParty Sites and Services

Lyte applications, websites, products, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties − for example, from our advertising or content partners.

Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

International Users and data storage

All the data and information you provide may be transferred or accessed by entities around the world as described in this privacy policy. Personal information, relating to Lyte services, regarding individuals who reside in a member state of the European Economic Area and Switzerland is controlled by Lyte in Canada and subject to the laws of this country.

Lyte abides by the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules System. The APEC CBPR system provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. To learn more about the APEC Certification and Dispute Resolution, please click on the TRUSTe seal.

How we secure Data and Information

All Lyte products are built with security features that continuously protect your information. The features help us detect and automatically block security threats from reaching you. If Lyte detects something risky that we think you should know about, we’ll notify you and help guide you through steps to stay better protected. Lyte works hard to protect you from unauthorized access, alteration, disclosure, or destruction of information we hold, including:

• We use encryption to keep your data private while in transit;
• We offer a range of security features to help you protect your account;
• We review our information collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to our system; and
• We restrict access to personal information to employees, contractors, and agents who need that information in order to process it. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

What are the end-user data protection rights?

Lyte wants to ensure that all of our end-users are fully aware of their data protection rights. As such, every user is given the following rights:

1. The Right to Access – end users have the right to require that Lyte provide copies of their personal data. Lyte reserves the right to charge a small fee for providing this service.
2. The Right to Rectification – end users have the right to request that Lyte correct any information that is not seen to be accurate. As well, end users have the right to request Lyte to complete information they believe to be incomplete.
3. The Right to be Forgotten – end users have the right to request that Lyte erase all personal data. Again Lyte reserves the right to charge a small fee for providing this service.
4. The Right to Restrict Processing – end users have the right to request that Lyte restrict the processing of personal data.
5. The Right to Object to Processing – end users have the right to object to Lyte processing data.
6. The Right to Data Portability – end users have the right to request that Lyte transfer the data that we have collected to another organization, or directly to the end user, under certain conditions. Lyte reserves the right to charge a fee for this service.

How long do we keep personal data

Lyte requires user profile information in order to provide its services, and retains such information for as long you maintain your Lyte account. Lyte retains certain information, including transaction, location, device and usage information, for a minimum of 7 years in connection with regulatory, tax, insurance and other requirements in the places in which it operates. Once such information is no longer necessary to provide Lyte’s services, enable customer support, enhance the user experience or other operational purposes, Lyte takes steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection.

You may request deletion of your account at any time through the privacy settings in the Lyte app, or via Lyte’s website. Following such request, Lyte deletes the information that it is not required to retain. In certain circumstances, Lyte may be unable to delete your account, such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, Lyte will delete your account as described above.

Lyte may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, if Lyte shuts down a user’s account because of unsafe behavior or security incidents, Lyte may retain certain information about that account to prevent that user from opening a new Lyte account in the future.

Our Company wide Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to Lyte employees and partners and strictly enforce privacy safeguards within the company.

Privacy Questions

If you have any questions or concerns about Lyte’s privacy policy or data processing, or if you would like to make a complaint about a possible breach of local privacy laws, please contact us at the numbers listed on our website www.lytemedical.com.

When a privacy question or question about personal information received in response to an access/download request is received we have a dedicated team which triages the contacts and seeks to address the specific concern or query which you are seeking to raise. Where your issue may be more substantive in nature, more information may be sought from you. All such substantive contacts receive a response. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.

Lyte may update its privacy policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated privacy policy.