Privacy Policy

CYMBIOTIKA

PRIVACY POLICY

Introduction

This “Privacy Policy” describes the privacy practices of CYMBIOTIKA, LLC., and our subsidiaries and affiliates (collectively, “CYMBIOTIKA”, “we”, “us”, or “our”) in connection with our website, www.cymbiotika.com, any other website that we own or control and which posts or links to this Privacy Policy (the “Sites”) as well as our retail stores and related services (together with the Sites, the “Service”), and the rights and choices available to individuals with respect to their information.

We respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

• The types of information we may collect or that you may provide when you download, install, register, access, or use (collectively “Use”) in connection with the Site.
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy DOES NOT apply to information that:

• We collect offline or on any other Company apps or websites, including websites you may access through the Site.
• You provide to or is collected by any third party (see Third-Party Information Collection).

Our websites and apps, and these other third parties may have their own privacy policies and other terms of use, which we encourage you to read before providing information on or through them. Through your Use of this Site, you acknowledge and agree that it is your sole responsibility to review and abide by any applicable third-party privacy policies and/or terms of use.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this Site. By=with, or using this Site, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Site after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 18

This Site where this Policy is located is meant for adults. The Site is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information.

We strive to comply with the provisions of COPPA (the Children’s Online Privacy Protection Act). If you are a parent or legal guardian and think your child under 18 has provided us with personal information, please contact us at privacy@cymbiotika.com. You can also write to us at the address listed at the end of this Policy. Please mark your inquiries “COPPA Information Request.”

If you believe we might have any information from or about a child under 18, please contact us at privacy@cymbiotika.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Parents, you can learn more about how to protect children’s privacy on-line here.

Information We May Collect and How We Collect It

We may collect your personal information in different ways. Below, you will find additional details and examples regarding how we may collect your personal information.

• Directly from you when you provide it to us.
• Automatically when you use the Site.

Information You Provide to Us

When you use this Site, we may ask you provide information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, or social media account or handle, or any other identifier by which you may be contacted online or offline ("personal information").
• That is about you but individually does not identify you.

This information includes:

• Information that you provide by filling in forms in the Site. This includes information provided at the time of registering to use the Site, subscribing to our service, posting material, and/pr requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, or when you report a problem with the Site.
• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the Site and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Site.
• Your search queries on the Site.
• And, generally, we may collect your personal information when you:
• Register for an account.
• Request information about our products and services.
• Sign up to receive promotional communications or a newsletter.
• Complete a survey.
• Participate in one of our promotional sweepstakes, contests, surveys or focus groups.
• Make a purchase through our Site.
• Submit information to, or through, our Site.
• Submit a request to, or engage with, our customer service team.
• Interact with our social media pages.
• Sitely for a job through our Site.
• Otherwise interact with us

You may also provide information for publication or display ("Posted") on public areas of the app or websites you access through the Site or App (collectively, "User Contributions").

User Contributions are Posted and transmitted to others at your own risk.

Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable.

Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

When you download, access, and use the Site, it may use technology to automatically collect:

• Contact Information. For example, we may collect your name, business or personal or billing address, telephone number and email address. We may also collect your mobile phone number.
• Account Information. If you create an account on our Platform, we may collect your account log-in and password.
• Billing Information. This may include your credit or debit card information or payment account information.
• Employment Information. This may include the name of your employer, the industry in which you work and your job title.
• Commercial Information. We may collect personal information that could identify you and relates to the products and services in which you are interested or have considered. We may also collect personal information about your consuming history or tendencies or the events, schools or sports in which you are interested. We may also collect information that helps us keep track of items you put into your shopping cart including when you have abandoned your cart.
• Demographic Information. We may collect demographic information, such as your birthdate, gender, age, and zip/postal code.
• Sensory Data. This may include audio, visual or similar information.
• Internet or Other Similar Network Activity. This may include unique personal identifier, online identifier, IP address and location based on IP address, device identifier, browsing history, search history and information regarding interaction with an Internet website, application or advertisement. This may also include information about the browser you are using or what site you came from and what site you visit when you leave us. We may also collect information about how you interact with an advertisement.
• Precise Geolocation Information. Our mobile applications may include third-party integrations that request permission to collect precise geolocation information from you. The collection, use and disclosure of this information is governed by the third-party’s privacy policies.
• Usage Details. When you access and use the Site, we may automatically collect certain details of your access to and use of the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Site.
• Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
• Stored Information and Files. The Site also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
• Inferences Drawn From Personal Information. This may include a profile relating to your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitude.
• Our Personal Information Retention Criteria: The California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, “CCPA”) requires that we disclose the criteria we use to determine how long we will retain each category of personal information we collect. Oftentimes, our records contain several of these categories of personal information combined together and therefore we consider, on a case-by-case basis, a number of factors to assess how long personal information is retained. These factors include what personal information is reasonably necessary to (i) provide our products and services or administer our relationship with an individual; (ii) protect our business, employees, organization and others; (iii) fulfill our legal and regulatory obligations; and (iv) investigate and address issues which may include safety concerns, potential security incidents or policy violations.

If you do not want us to collect this information do not access or use the Site. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information, however, that opting out of the Site's collection of location information will disable its location-based features.

We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking). for information on how you can opt out of behavioral tracking on or through this Site and how we respond to browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The technologies we use for automatic information collection may include:

• Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our Site.
• Web Beacons. Pages of the Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
• Meta Pixel. We use Meta Pixel to analyze user activity on our Site or Website for remarketing and behavioral targeting. The Meta Pixel is triggered when you perform certain activities on the Website, and aids us in displaying Meta-Facebook ads to Meta-Facebooks users who have visited our Site, or Meta-Facebook users who share certain characteristics with visitors to our Site or App. Meta and other third parties may use cookies, web beacons, and other storage technologies to collect information from the App or Website and from other Internet websites, and use that information for the purposes of targeting ads and providing measurement services. Meta may track your activity over time and across websites. For more information about the data Meta collects, please visit Meta’s privacy found here. More specific information about Meta Pixel can be found here.
• Other Technologies

Third-Party Information Collection

When you use the Site or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Advertisers, ad networks, and ad servers.
• Analytics companies.
• Your mobile device manufacturer.
• Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with the Site and its contents, and any other information, products, or services that you request from us.
• Fulfill any other purpose for which you provide it.
• To communicate with you and give you notices about your account or subscription, including expiration and renewal notices.
• To determine your eligibility, use your personal information to verify your identity or determine your eligibility for some of our services or promotions. For example, this may include verifying your age, date of birth and state of residence. If you apply for a job with us, we may use your personal information to determine your eligibility for the position.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when Site updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our Site and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Site according to your individual interests.
• Speed up your searches.
• Recognize you when you use the Site.

We may use your personal information for marketing purposes. We may provide you with information about new products and special offers. We might use your personal information to serve you ads about products, services and events. We might tell you about new features or updates. These might be third-party offers or products we think you might find interesting. We may also use your personal information to send you electronic communications, including through email or text message. We may use information that helps us keep track of items you put into your shopping cart, including when you have abandoned your cart, to determine when to send cart reminder messages via SMS. We and our partners may engage in cross-contextual advertising using information gathered across multiple websites, devices or other platforms.

We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages and the optimization of SMS campaigns.

We use location information we collect to help us advertise, market, or otherwise troubleshoot our Site.

We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data the order form/registration form/adjust your user preferences in your account profile. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

We may use the information we collect to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Cymbiotika’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Cymbiotika about our Site users is among the assets transferred.
• To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information
• To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Site or App, we will transmit the contents of that email and your email address to the recipients.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the Cymbiotika and Privacy Policy, and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety at Cymbiotika Terms our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether or not to allow the Site to collect information through other tracking technologies by choosing to Opt-Out. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Site may then be inaccessible or not function properly.
• Location Information. You can choose whether or not to allow the Site to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the Site may become inaccessible or not function properly.
• Promotion by the Company. If you do not want us to use your email address or other contact information to promote our own or third parties' products or services, you can Opt-Out. You can also always opt-out by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to privacy@cymbiotika.com.
• Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can Opt-Out. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to privacy@cymbiotika.com.
• Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can Opt-Out. You can also always opt-out by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to privacy@cymbiotika.com.

Opt-Out.

• If you wish to exercise your rights under this section, you can contact us at privacy@cymbiotika.com. Please include your name and email address and indicate you are making a “Privacy Rights” request. If we deny your rights request and you would like to appeal, you may contact us at privacy@cymbiotika.com. Please indicate that you are making a “Privacy Rights Appeal” request.
• We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
• You can opt out by changing your “do-not-track” settings; for more information on how to opt out visit https://www.hotjar.com/policies/do-not-track/‍, marketing platforms and automation software providers, payment processors, social networks (including links to our Facebook, Pinterest, Instagram, and Twitter pages), payment processing vendors, tag management systems, technology solution providers, data connectivity platforms, digital behavioral data solution providers (including ShareThis), ecommerce platforms, and video sharing platforms (including YouTube; for more information about YouTube’s collection of information, see Google’s privacy policy at: http://www.google.com/policies/privacy).

Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Cookies and Electronic Communications.

You have certain choices about how we use your personal information. Certain choices you make are browser- and device-specific.

Marketing Communication. You can opt out of receiving our marketing communications. Note that you may still receive transactional messages from us, including information about your account and responses to your inquiries. To opt out of receiving our marketing communications, you can follow the instructions contained in the communication.

Cookies and Other Tracking Technologies. For information about our use of cookies and other tracking technologies and to read our “Do Not Track” policy, please review our Cookies Policy, incorporated herein.

EU Privacy Rights. If you are an EU resident, you may be able to assert a legal right regarding our collection and use of your personal information under applicable federal, state and international law. Under these applicable laws, you may have a number of rights, including:

• The right not to provide your personal information to us;
• The right to object to, stop or limit the processing of your personal information;
• The right to request the erasure or restriction of processing of your personal information in our possession;
• The right to have your information transferred to another data controller;
• The right to withdraw your consent;
• The right to access to your information and request from us a description, or a copy, of the types of personal information we have stored about you; and
• The right to request update or rectification of your personal information.

To exercise any of these rights, or to request more information, contact us at privacy@cymbiotika.com or through the contact information listed at the bottom of this Policy.

Canadian Resident Rights – Accessing and Correcting Your Information

If you are a resident of Canada, you have a right to request access to your personal information and to request a correction to it if you believe it is inaccurate. If you would like to have access to the personal information we have about you, or if you would like to have it corrected, please contact us using the contact information provided below. In some cases, we may not be able to allow you to access certain personal information in certain circumstances; for example, if it contains personal information of other persons, or for legal reasons. To help protect against fraudulent requests for access to your personal information, we may ask you for information to allow us to confirm that the person making the request is you or is authorized to access your information before granting access. For example, we may require you to verify your identity before you access your personal information.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the Site and visiting your account profile page.

You may also send us an email at privacy@cymbiotika.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Contributions, is governed by our terms of service https://cymbiotika.com/pages/terms-of-service.

Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California, Virginia, Colorado, Connecticut, and Utah residents may have additional personal information rights and choices. Please see the applicable information below for more detail.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature and processing purpose.
• Opt out of profiling in furtherance of decisions that produce legal or similarly significant effects.

Connecticut and Utah also provide their state residents with rights to out of processing of sensitive personal data, including personal data that reveals an individual's citizenship or immigration status and the processing of biometric data.

To exercise any of these rights or appeal a decision regarding a rights request, follow the instructions as set forth in the “Exercising Your Rights” section below.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to privacy@cymbiotika.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

California Privacy Policy

To learn more about California residents' privacy rights, visit https://oag.ca.gov/privacy/ccpa. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@cymbiotika.com or write us at: 5825 Oberlin Dr., Suite 5, San Diego, CA 92121 Attn: Cymbiotika Site Notice.

The following disclosures are made pursuant to the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”). These disclosures apply to individuals who reside in the State of California and supplement any other privacy notices we previously or contemporaneously provided to you, including any California-specific privacy notice provided to you if you are an employee of Cymbiotika. Any terms defined in the CCPA have the same meaning in this notice.

Right to Know

California residents have the right to be informed of the categories and specific pieces of personal information collected about them, including sensitive personal information, collected, used, and disclosed, the categories of sources from which that information is collected, whether that information is sold or shared, the categories of third parties to whom that information has been disclosed, the business or commercial purposes for collecting and using each category of personal information, and the intended retention period for each category of personal information.

The below chart reflects the categories of personal information we have collected from California residents, the categories of sources from which the information was collected, the business or commercial purpose for which the information was collected, the categories of third parties with whom we disclosed that information, and our anticipated retention period for each category of information.