This Privacy Notice provides an overview of the personal information ReShape Lifesciences Inc. (“ReShape”, “we”, “us”, “our”) collects from you as you use reshapecare™ (the “Services”), with whom we share it, and the choices you have in connection with this.

APPLICABILITY OF PRIVACY NOTICE

This Privacy Notice applies to your interactions with the Services. In providing the Services, ReShape may collect and store protected health information (as defined by the Health Insurance Portability and Accountability Act of 1996) on behalf of your healthcare provider as a business associate. As a business associate, ReShape cannot use or disclosure protected health information in a way that your healthcare provider itself may not. For information on how your healthcare provider collects, uses, and shares your protected health information, please refer to your healthcare provider’s notice of privacy practices.

1. Information You Provide To Us

We collect personal information directly from you when you:

• Create an account. When you create an account, we will collect your name, email address, telephone number, physical address, and selected password in order to administer your account, to communicate with you, and to provide the Services. Once your account is created, we will also collect your demographic information (height, weight, and birthdate) and your health information (applicable medical conditions) in order to provide the Services and to identify any potential medical conditions that may preclude you from participating in the Services. We will also collect your health insurance information to conduct insurance eligibility authorizations.
• Contact us. When you contact us or send us a question or inquiry, we will collect your name, email address, and telephone number. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, communicate with you about, and address any issues you may have.
• Make a purchase. If you make a purchase through the Services, we will collect your name, email address, physical address, and payment information (payment card number, expiration date, and CVV). We use this personal information to fulfill and manage your purchases and payments. Please note that this personal information is collected through our payment processor.

We may also use the personal information we collect as described in this section to send you marketing communications we feel may be of interest to you, to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in How we share your personal information

2. Information Collected Via Cookies

In addition to the personal information you provide directly, we may also collect information from you automatically via cookies as you use the Services. This information includes:

• Usage information. This includes which pages you visit, the frequency of access, how much time you spend on each page, what you click on while using the Services, and referring website addresses.
• Device information. This includes certain information about your device that you use to access the Services, such as browser type, browser language, hardware model, operating system, and your preferences.
• Location information. We may collect information about your location, which may be determined through your IP address.

To collect this information, our Services utilize the following cookies:

• Strictly necessary cookies. We use strictly necessary cookies to authenticate users, prevent fraudulent use, and to ensure the Services function properly.
• Functional cookies. We use functional cookies to provide enhanced functionality and personalization, to remember your preferences, to diagnose server and software errors, and in cases of abuse, track and mitigate the abuse.
• Analytic cookies. We use Google Analytics to collect information on your use of the Services to improve our Services. In order to collect this information, Google Analytics may set cookies on your browser, or read cookies that are already there. Google Analytics may also receive information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to our Services or to another application which partners with Google is restricted by the Google Analytics Terms of Use and the Google Privacy Policy available Terms of Use and Privacy Policy. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on.

In general, to disable cookies and limit the collection and use of information through them, you can set your browser to refuse cookies or indicate when a cookie is being sent.

HOW WE SHARE YOUR PERSONAL INFORMATION

ReShape may need to make the personal information identified in this Privacy Notice available within ReShape, with service providers, or with other third-parties. These instances include:

• Within Reshape. We may share personal information within the ReShape corporate family to the extent necessary in order to efficiently carry out our business and to the extent permitted by law.
• With your physician. We may share personal information with your physician to facilitate provision of the Services. For example, we may share weekly reports with your physician on your use of the Services for billing purposes.
• With service providers. We may share your personal information with service providers that assist us in provision of the Services. These service providers include Zillion (the provider of our Services), our communications provider, our video chat provider, and service providers that assist us with insurance authorizations and appeals.
• In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We would share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
• For legal purposes and to prevent harm. We will share personal information where we are legally required to do so, such as in response to court orders, law enforcement or legal processes; to establish, protect, or exercise our legal rights or contractual obligations; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law.

CORRECT OR VIEW YOUR PERSONAL INFORMATION.

You may access your reshapecare™ account to correct or view certain personal information you have provided to us and which is associated with your reshapecare™ account.

MARKETING COMMUNICATIONS

You can opt-out of receiving marketing communications from us by clicking the “unsubscribe” link provided in each communication. Please note we will continue to send you communications necessary for the Services or any assistance you request.

NEVADA RESIDENTS

If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. However, you can submit a request to opt-out of future sales by contacting us at support@myreshapecare.com. Please include “Opt-Out Request Under Nevada Law” in the subject line of your message.

DO NOT TRACK

We do not support Do Not Track (DNT).

CHILDREN’S PRIVACY

The Services are not intended for individuals under the age of eighteen (18). If we learn that we have collected or received personal information from individuals under the age of eighteen (18), we will delete the personal information. If you believe we have personal information on individuals under the age of eighteen (18), please contact us at the contact information provided below.

SECURITY OF YOUR INFORMATION

We implement and maintain reasonable security procedures and practices to protect the personal information we collect from unauthorized access, destruction, use, modification, or disclosure. These security practices include encryption and access controls. However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of the personal information we have collected from you.

CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Notice in our sole discretion. We will post the changes to this page, and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights, we will notify you via prominent posting on the Services and/or via email.

Contact Us

If you have any questions about this Privacy Notice, please contact us at support@myreshapecare.com.