Privacy Policy

PENDULUM PRIVACY POLICY

Last Revised on October 18, 2019

 

Welcome to the Privacy Policy (“Privacy Policy”) for Pendulum Therapeutics, Inc. (“Pendulum,” “we” or “us”).

This Privacy Policy describes how we collect, use and disclose information about you (“Information”) related to your use of and access to the Pendulum sites, content, applications, services, tools and features, provided by us, including without limitation, the websites:  www.pendulum.co and www.pendulum-life.com (each individually referred to herein as the “Site,” or collectively as the “Sites”), any of their subdomains, or any related sites, applications, widgets or online services offered by us (collectively, the “Services”). This Privacy Policy discloses our information collection and dissemination practices in connection with the Services. 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 Services). Please read this Privacy Policy carefully. For purposes of this Privacy Policy, “you” and “your” means you as the user of the Services.

WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy covers how Pendulum treats Information that we collect and receive through the Services, including personal information (“PI”) and non-personal information (“Non-PI”). “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 Pendulum’s products or services). “Non-PI” is information that does not directly or indirectly identify you, and cannot reasonably be used to identify you. If Non-PI is directly or indirectly associated with PI, this Non-PI is then treated as PI.

Information We May Collect About You Includes:

  • Registration details you provide when you create an account, such as your name, email address, telephone number, birthdate, username and password.
  • Information you provide related to your health condition, including, but not limited to: diabetes related symptoms; triggers you associate with your diabetic conditions; medications you take; Information related to your consultations with nutritionists or other healthcare providers; and other medical or health issues.
  • Information you provide when you access or use the Services and each time you interact with the Services or otherwise with us, for example, when you update Information in your account, communicate with us by telephone or email, and order or download updates. We also store Information about the products you purchase through the Services, such as the product specifications, date of purchase, and details relating to any support issue.
  • Information you provide to the Services, including using our review, comment, testimonials, post or similar functionality. As noted below, if you provide such Information to the Services, we will identify you by your initials when posting such Information to any public or semi-public part of the Services, including the Sites.
  • Usage, viewing and technical Information, including your IP address or device identifier when you use the Services. If you access your account from a mobile device, that mobile device may also provide us with details of your location. Most mobile devices allow you to disable this functionality.

 

How We Collect Your Information

  • We collect Information you provide to us when you: register with us; input Information into the Services; create user generated content; request products, services or information from us; respond to customer surveys; or otherwise interact with us or the Services.
  • Each time you access the Services, Pendulum collects some information to improve the overall quality of your online experience. For example, Pendulum collects aggregate queries for internal reporting and also counts, tracks, and aggregates our users’ activity into Pendulum’s analysis of general traffic-flow on the Services.
  • We collect Information through unique identifiers (such as IP address or your mobile device advertising identifier). 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.
  • 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. Pendulum 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 also use services hosted by third parties, such as Google Analytics, to better understand who is using the Services, how people are using the Services and how to improve the effectiveness of the Services and its content, and to help those parties serve more targeted advertising to you across the Internet or help us serve more targeted advertising to you. These third parties may use cookies, pixel tags, or other technologies to collect and store Non-PI such as time of visit, pages visited, time spent on each page of the Service, device identifiers, type of operating system used and other website(s) you may have visited. They might combine Information they collect from your interaction with the Services with PI they collect from other sources. We do not have access to, nor control over, third parties’ use of cookies or other tracking technologies.

 

How PI Provided By You May Be Used

We use the Information that we collect from you to provide you with the Services, support and enhance your access to and use 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.

The ways in which we may use your Information include the following:

  • To provide you with the Services and other products and services you request.
  • To administer your Pendulum account, respond to your inquiries and send you administrative communications.
  • To communicate with you about your account or transactions with us and send you details or updates about features of the Services or changes to our policies.
  • To create anonymized and aggregated data sets that may be used for a variety of functions, including research, internal analysis, analytics, and other functions.
  • To personalize content and experiences and advertising.
  • To detect, investigate and prevent activities that may violate our policies or be illegal.
  • To optimize or improve the content, products, services, and features of the Services.
  • To evaluate customer response to our products and services, personalize and improve the Services and user experiences, to increase the functionality and user friendliness of the Services, to deliver content or features that match user profiles or interests.
  • To monitor and analyze the Services usage and trends and otherwise measure the effectiveness of the services.
  • To send you offers and promotions for our other products and services.

In some cases, Pendulum 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, Pendulum 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.

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 Services so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on our Services 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. Pendulum 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, Pendulum will not share your PI other than as specified in this Privacy Policy.

Disclosures to Third Parties

We may share your PI outside Pendulum in the following circumstances which you consent to:

  • Pendulum may share your PI with other companies that work with, or on behalf of, Pendulum to provide the Services, including for Services development and maintenance, and operations. We require all third parties to process your data in accordance with this Privacy Policy and as permitted by applicable data protection laws.
  • We may disclose your PI when you request our referral services to forward or share certain content with a friend, such as an email inviting a friend to use the Services or sharing certain content from the Services with a friend.
  • 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 or regulation.
  • We may share your PI in connection with the sale of a business (including merger, acquisition, or sale of all or a material portion of its assets, change in corporate control, or insolvency or bankruptcy proceedings).

In addition, we may share Non-PI and anonymized and aggregated data sets with third parties, alone or in combination with the Non-PI of other users.

POSTING REVIEW OR OTHER COMMENTS TO THE SERVICES

If you submit a review or provide other comments to the Services, and we display such comments on a public or semi-public part of the Services, we will identify you by your initials.

YOUR CONTROLS AND CHOICES

We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your Information. Your controls and choices may include:

  • You may correct, update and delete your registration account.
  • You may change your choices for newsletters and alerts.
  • You may choose whether to receive from us offers and promotions for our products and services.
  • You may request access to the PI we hold about you and that we amend or delete it.

You may exercise your controls and choices, or request access to your PI, by modifying your profile or by contacting us at hello@pendulum.co or following instructions provided in communications sent to you. Please be aware that, if you do not allow us to collect PI from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific PI about you that we process or retain, please contact us at hello@pendulum.co.

REFERRALS/LINKS

The Site may contain links to third-party websites that may offer information of interest. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of your PI. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Services. This Privacy Policy does not apply to those websites, and Pendulum recommends reviewing those websites’ privacy policies individually. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of PI by third parties.

SECURITY

Please note that Information you send to us electronically may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential Information to us. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your PI for the length of time needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required, or for the establishment, exercise or defense of legal claims, or for legitimate businesses purposes, or as provided by law.

To provide secure credit card processing when ordering from us, orders placed through our Services are processed through Shopify Inc (“Shopify”), which operates under its own privacy policy. If you choose to make purchases from us online using a credit card, the credit card Information is sent to Pendulum using SSL (Secure Socket Layer) encryption, an industry-standard method for protecting data as it travels over the Internet, or a similar encryption technology that may become accepted as an industry standard, or better encryption method, in the future. To learn more about our credit card processing vendor, Shopify, and its respective privacy and other policies which apply when you make a payment through their services, please review the terms of Shopify’s privacy policies.

RESPONSE TO DO NOT TRACK SIGNALS

Some Internet browsers include the ability to transmit “Do Not Track” signals. Pendulum and the Services do not process or respond to “Do Not Track” signals.

CHILDREN’S PRIVACY PROTECTION

We do not seek or knowingly collect any PI about children under 18 years of age. If we become aware that we have unknowingly collected PI from a child under 18 years of age, we will make commercially reasonable efforts to delete such information from our database.

If you are the parent or guardian of a child under 18 years of age who has provided us with PI, you may contact us to request it be deleted.

UPDATING THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time in which case we will update the “Last Revised” date at the top of this Privacy Policy. If we make changes that are material, we will use reasonable efforts to attempt to provide notice to you and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on the Services, or by other means, consistent with applicable law. However, it is your sole responsibility to review the Privacy Policy from time to time to view any such changes. The updated Privacy Policy will be effective as of the time of posting, or such later date as may be specified in the updated Privacy Policy. If you do not accept this Privacy Policy, including any changes, then you must not access or use the Services.

CALIFORNIA PRIVACY RIGHTS

This Privacy Policy describes how we may share your Information for marketing purposes. It applies to all users of the Services, including California residents.

As a California resident, you may contact us with any questions or to request a list of third parties to whom we may disclose Information for such third parties’ marketing purposes and the categories of Information we may disclose. See How to Contact Us below.

HOW TO CONTACT US

You may contact us regarding the use or disclosure of PI or this Privacy Policy at: 933 20th Street, San Francisco, CA 94107, by phone at 415-234-3985 or by e-mail at hello@pendulum.co.