Last Updated: September 10, 2022

Isocapnic Technologies Inc.’s (“Isocapnic”, “we”, “our” or “us”) is committed to maintaining the accuracy, security and privacy of your personal information. This Privacy Policy the ways we handle and help to protect the personal information of our customers, service providers and other individuals (“you”).

This Privacy Policy applies to the personal information we collect through our website, https://isocapnic.com/, its subdomains and mobile applications (the “Site”), our portable devices, including the Isocapnic Device, BWB, Breathe Way, and Breathe Way Better device (the “Isocapnic Device”), and related products and accessories, such as our services that enable you to measure and analyze physiology, cardiovascular fitness, endurance and other wellness and performance indicators (collectively, the “Services”).

By using our Services and in submitting personal information to Isocapnic, you agree that we may collect, use and disclose such personal information in accordance with this Privacy Policy and as permitted or required by law. If you provide Isocapnic with personal information of another individual, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to do so and enable us to collect, use and disclose such personal information as set forth in this Privacy Policy.

Please click on any of the headings below to find out more about how we manage personal information collected through our Services to help individuals and trainers, as well as how we collect, use, disclose and protect your personal information when you interact or use our Services.

1.  ABOUT US, THE ISOCAPNIC DEVICE AND OUR SERVICES

The Isocapnic Device and our Services are not medical devices or services. They do collect and analyze data to help you and trainers analyze your performance.

In adopting and adhering to this Privacy Policy, we are providing accountability for our collection and use of personal information in an appropriate and responsible manner. We are committed to protecting the privacy of the personal information which you provide to us.

Our Isocapnic Device and Services are primarily designed to help enable trainers test and analyze the performance capabilities of their athletes. Our Services allow both trainers and individuals to access and share information. Thus, the personal information collected, used and disclosed through our Services is typically managed by trainers and other professionals, as well as their staff, in the course of providing services to individuals.

To access and use certain features of our Services, you may be required to create an account. If you are not comfortable having your personal information used and shared as described in this Privacy Policy, you must not access or use the Site or use our Services.

You are responsible for protecting the confidentiality of your account information and for restricting access to your computer or device. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account, or any other security breach involving the Site or Services at https://isocapnic.com/contact-us/.

If you have any questions or concerns about how your trainer or professional is collecting, using or disclosing your personal information, you should contact them directly.

2.  INFORMATION COLLECTED BY YOUR ORGANIZATION’S TRAINERS

Our Services are intended to provide trainers with specialized equipment and a platform to collect, use, process, store, and share athletes’ performance analytics.

You may create an account with your email and a password. Users may create an “organization” account. The creator of that account will have administrative privileges to assign certain access restrictions to others. The organization account may then be used to invite others to the organization, such as other trainers, professionals or athletes, and assign administrative or athlete roles to those accounts.

The administrator of an account may read, write, and delete any of the information in the accounts associated with the organization. If you are entering or accessing information or using the Services in respect of another individual, you should have their consent to do so and use the Services.

If you have been assigned an athlete role for an organization, you can read, write and delete anything in your athlete profile that you have created or submitted to the organization. Athletes will not be able to access the information of other athletes.

The types of personal information collected through our Services include:

– Profile information: This includes your name and contact information, and for athletes also includes, date of birth, height, weight, gender, VO2 Max, FEV 1, FVC, resting HR, and Max HR.

– Physiologic testing information: This includes Breath Rate, Breath Volume, Ventilation, Heart Rate, Height, Weight, time of test.

Our Services are designed to measure and analyze the Profile and testing information. The information and analysis will be accessible to your trainer and other professional service providers you are associated with which are assigned administrative roles by your organization.

By creating an account associated with an organization, you consent to that organization collecting and using the personal information in your account. Your trainer and other professional service providers with the organization associated your Profile will access your information and use it to provide you with the services you request from them.

Your trainer or professional may also make notes about your tests and provide you with reports.

If you have any questions or concerns about the way in which your trainer or professional service providers are handling your information or account, please ask them directly.

3.  INFORMATION WE COLLECT AND USE IN PROVIDING THE SERVICES

We collect personal information from and about individuals in a variety of ways, including: when it is provided directly; when individuals interact with us and use our Services, including the Isocapnic Device and the Site.

We use personal information to provide our Services, to manage our business relationship, to communicate offers and information, to measure the effectiveness and performance our Services, including to improve our Services, for marketing and promotions, and as permitted or required by law. (Applicable legal basis under GDPR: legitimate interest, performance of a contract and consent)

We use particular types of information in the following ways.

We use your Profile information for identification and authentication as well as personalization of testing information. (Applicable legal basis under GDPR: legitimate interest, performance of a contract and consent)

We use your date of birth, height, weight, gender, VO2 Max, heart rate, FEV 1, FVC and other similar characteristics to personalize and analyze your testing performance and metabolism, to improve the accuracy of our analysis, as well as to provide other Services you or your trainer request. (Applicable legal basis under GDPR: legitimate interest, performance of a contract and consent)

We use your contact information, such as email, for purposes of password reset assistance and transactional emails such as sales, payments, and subscription processing. We may also contact you by phone or email for assistance, onboarding or education about our Services. We use this information to establish and manage client relationships as well as to market, sell or otherwise provide Isocapnic’s products and services. (Applicable legal basis under GDPR: legitimate interest, performance of a contract and consent)

We use the information provided to us about yourself through your Profile and testing information to provide you and your trainer or professional the Services. You may choose to provide more information to generate a more personalized experience and to maximize the functionalities of the Services. We will also use this information to respond to your and your trainer’s requests and preferences, and to conduct surveys, research and evaluations. (Applicable legal basis under GDPR: legitimate interest, performance of a contract and consent)

We may have legitimate reasons to use information to comply with, any legal or regulatory requirements, as well as to detect and protect Isocapnic, its offerings, and other third parties against inappropriate or illegal activity, and to audit compliance with Isocapnic’s policies and contractual obligations. (Applicable legal basis under GDPR: legitimate interest, and performance of a contract)

We may also use your information for other purposes not stated here where you have provided your consent.

To improve our products and Services offerings as well as for research purposes, we will use and share with trusted third parties, aggregated or de-identified data regarding user testing, results and analytics. (Applicable legal basis under GDPR: legitimate interest)

Information automatically collected through our Site

We may use analytical information to improve the performance or layout of our website; to develop new services and ideas; to target advertisements to you on the websites of others, and to better administer and troubleshoot our systems.

Isocapnic may collect data which is anonymous and associated with your computer, mobile device, and/or media system platform and which includes, but is not limited to, your city, actions you take within and outside the Site and Services, your hardware/software/firmware, the browser you use, devices connected for testing, related programs or software included on your device or platform, the date and time of your use of the Site and Services, your in-media time, activities and the URLs you visited and/or apps you used before and after using the Site, Products and/or Services. None of this data is used by Isocapnic or its service providers to identify you. These third party analytics companies may use cookies and other tracking technologies to perform their services. For example, to learn more about Google’s privacy practices, including how you can view and edit your preferences, please see the Google Privacy Policy.

Posting on the Site

Isocapnic may offer publicly accessible fun pages, blogs, private messages, or community forums. You should be aware that, when you disclose information about yourself in on Isocapnic’s fun pages, blogs, private messages, and community forums, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered “public” and will not be subject to the privacy protections set forth herein.

Registration for Events or Contests

Occasionally, we may run events and contests. We ask those who enter in the events or contests to provide contact information (e.g., an e-mail address). If you participate in an event or contest, your contact information may be used to reach you about the event or contest, and for other promotional, marketing and business purposes. All sweepstakes/contests entry forms will provide a way for participants to opt-out of any communications that are not related to awarding prizes.

Automatic Data Collection

We may collect certain information automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geolocation information, hardware type, operating system, Internet service provider, and other actions taken through use of the Services such as preferences.

Information Submitted Via Services

You agree that Isocapnic is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Information from Other Sources

We may receive information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you create an Account using your login credentials from one of your SNS Accounts, we’ll be able to access and collect your name and other Personal Information that your privacy settings on the SNS Account permit us to access. If you create an Account through the Services or one of your SNS Accounts, we may also collect your gender, date of birth and other information that is not considered Personal Information because it cannot be used by itself to identify you. This supplemental information allows us to verify information that you have provided to Isocapnic and to enhance our ability to provide you with information about our business, products, and Services.

Information Collected Using Cookies and other Web Technologies

Like many website owners and operators, we, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging, and tools, and to recognize you across devices. We use automated data collection tools such as Cookies and Web Beacons to collect certain information.

Cookies

When a visitor accesses the Isocapnic website, we may use a browser feature called a ‘cookie’ to collect information such as the type of Internet browser and operating system the visitor uses, the domain name of the website from which the visitor came, date and duration of the visit, number of visits, average time spent on our website, pages viewed and number of cookies accumulated. A cookie is a small text file containing a unique identification number that identifies the visitor’s browser, but not necessarily the visitor, to our computers each time our website is visited. Unless a visitor specifically informs us (e.g. by sending us correspondence from the website), we will not know who the individual visitors are. In addition to the identified purposes described in this Privacy Policy, we may use this website information and share it with other organizations with whom we have a commercial relationship to measure the use of our website, to improve the functionality and content of the website and to facilitate usage by a visitor. Visitors can reset their browsers either to notify them when they have received a cookie or refuse to accept cookies. However, if a visitor refuses to accept cookies, he or she may not be able to use some of the features available on our website. For more information see the Isocapnic Cookie Privacy Policy.

Email Communications

We may send marketing or promotional e-mail communications to you with information that may be useful, including information about Isocapnic’s Services. In this process, we may collect certain information about your engagement with our communications, such as the date/time you first opened our e-mail communications, the number of times you open our e-mail communications, click-through activity on the contents of our e-mail communications and compile generally the related statistics. We may combine and store any such information to manage and improve our e-mail communications to you. We will include instructions on how to unsubscribe and inform us of preferences if you decide you do not want to receive any future marketing or promotional e-mails from Isocapnic. We reserve the right to continue to send you email communications where permitted by law, such as in respect of your account and/or Services you have requested.

4.  SHARING YOUR INFORMATION

As above, administrative users for organization accounts will have access to the information in the accounts associated with that organization. Any questions about the organization’s practices should be directed to the organization.

We typically will only share aggregated or anonymized information in the limited circumstances we share with third parties. We may also share your personal information within our group of companies, or with our service providers and other third parties for the purposes described below and in accordance with applicable laws.

Third Party Service Providers

Isocapnic may share certain personal information with third party service providers with whom we have contracted to provide certain services on our behalf. Examples of such third party service providers set out below:

The third party service providers will have access to personal information needed to perform their functions, but are only provided the limited amount of information required to perform their services. Our providers have assured us that they will protect your personal information in accordance with the law and with appropriate safeguards. Any disclosure of your personal information by us to a third party service provider is on the basis that the information will be used solely for the purpose for which it has been disclosed.

Research and Development

We may use Personal Information to create non identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, Isocapnic may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.

Sale or Transfer of the Business

Isocapnic may decide to sell or transfer all or part of our business, merge with another entity, or engage in another form of corporate or financing (including transfers made as part of proceedings or as part of a reorganization or other change in corporate control). Isocapnic may share your personal information in connection with the evaluation of and/or entry into such transactions.

Where Required or Authorized by Law

Isocapnic may also disclose your personal information where authorized or required by law, including legitimate business purposes authorized by law. For example, we may disclose your personal information to comply with a subpoena, to assert our rights, in response to a law enforcement body with the lawful authority to obtain the information, pursuant to an investigation into the breach of a law, or to our legal counsel.

Information Shared with Other Systems, Such As HealthKit or Google Fit

You may instruct us to share certain of your information with systems such as Apple’s HealthKit or Google Fit, and to access information from those systems which we will use to improve the services we provide to you. Before you tell us to share your information with another system, however, you should review the applicable privacy policy of that system, since any information you have instructed us to share will become subject to those policies (Apple’s policy can be found here and Google’s Privacy Policy can be found here). In addition, in the event that you use one of those services, you should be careful about allowing other applications, services or people to access your information through that service. While much information collected by those services is innocuous, people who see Isocapnic data may be able to determine a variety of personal information.

Isocapnic does not use or disclose to third parties user data or other information gained through the use of the HealthKit framework or Google Fit for advertising, other use- based data mining purposes or similar services, other than for purposes of improving health or for purposes of health or medical research.

In the case of information gained through HealthKit or Google Fit such sharing will only be for purposes of enabling the third party to provide health and/or fitness services or for medical research.

We do not sell any of your information, including information gained through HealthKit or Google Fit, to advertising platforms, data brokers or information resellers.

We do not use any of the information obtained through HealthKit or Google Fit for any purpose other than providing health and/or fitness services in connection with the Services.

5.  SECURING YOUR INFORMATION

We have built privacy and security features into our Services, and use service providers, to help protect your personal information. Some of these features include access controls, unique user accounts, password authentication, and system monitoring.

Isocapnic has made security arrangements to protect against unauthorized access, collection, use, disclosure, and disposal of personal information, in a manner appropriate to its sensitivity. These measures include various administrative and technological safeguards including unique user accounts, and role-based access based. As above, the administrator for the organization associated with your account will be able to control access to your account.

You may delete information from your account, including your Profile and testing information at any time. As well, Isocapnic will use care when destroying or disposing of personal information to prevent unauthorized access, use or disclosure of any personal information. Our employees with access to personal information are required to respect the confidentiality of such information.

The safety and security of your personal information also depends on you. We are not responsible for any lost, stolen, or compromised usernames, passwords or for any activity on your account via unauthorized password activity. You should take steps to protect against authorized access to your account by, for example, choosing a robust password and keeping your username and password private. Isocapnic is not responsible for any failure by you to secure your own devices and their access to the Internet or your use of public, unsecured networks. You should also only associate your account with an organization you trust. We are not responsible for what your organization does with your personal information.

Unfortunately, information systems, the transmission of information via the Internet and mobile platforms are not completely secure. Although we have designed features and employed security techniques to protect your personal information, we cannot guarantee the security of personal information at all times. Any transmission of your personal information is at your own risk.

6.  WHERE YOUR INFORMATION IS STORED AND ACCESSIBLE

Isocapnic is based in Canada. We will typically only access and use your information in Canada.

Our data hosting providers and some of our service providers will store and process your personal information outside of Canada, typically in the USA. As a result, your personal information may be subject to the laws and access by government or regulatory organizations in the Canada or the USA.

Our Services are designed to be accessible anywhere in the world. For that reason, your personal information may be accessible by you and by your trainers with administrative access to your account through your organization anywhere in the world.

By creating an account associated with an organization, you consent to the administrative users of that organization accessing your personal information anywhere in the world.

If you have any questions about Isocapnic’s privacy policy and practices with respect to service providers outside of Canada, including its collection, use, disclosure, and storage of personal information, you can contact us as listed below.

7.  DATA RETENTION, CORRECTION AND ACCESS

You have the ability to access and delete your account or the information in your account.

Most of the data that Isocapnic manages is to enable organizations to provide you with training and testing services. Personal information that is collected by these organizations, is the responsibility of the organization. Your personal information associated with your relationship with that organization will be subject to the retention policies and practices of the custodian. You should ask the organization about accessing, correcting or deleting information they have about you.

As described above, we also collect some personal information for use by Isocapnic. Personal information collected by Isocapnic for its use directly is maintained in accordance with applicable privacy legislation and our retention policies and practices. Generally, we keep your personal information for as long as it is reasonably necessary to fulfill the purposes we collected it for and you maintain your account or delete the information in your account, except as otherwise permitted or required by applicable law or regulation.

If you want to access or correct anything in your account, you should access your account directly. You can make changes to certain information in your account, such as Profile information. You can make notes in testing records but cannot change the values. You can delete testing records if you choose. It is your responsibility to provide any updates to your personal information in your account and to your associated organization as appropriate.

If there is information you are not able to access or correct on your own, you may request access to your personal information and/or correction of that information by contacting us in writing at the contact information noted below, with sufficient detail to enable us to identify the personal information being sought. When you contact Isocapnic, we may ask for further information to confirm your identity and the nature of your inquiry.

Please note that in some cases, Isocapnic may not provide access to personal information about you, such as if the denial of access is authorized by law. There are also cases where we may be legally required to refuse access to personal information. If Isocapnic denies your request for access to, correction or deletion of personal information, we will advise you of the reason for the refusal, and will provide the name, title, and contact information of the designated person who can address the refusal.

Isocapnic may charge a reasonable fee according to the cost required to retrieve and provide access to the requested information, or to provide it in a requested alternative format. We may provide an estimate of the fee in advance and in some cases, will require a deposit for all or part of the fee.

SPECIFIC RIGHTS UNDER GDPR

Under the GDPR, you may be entitled to additional rights, including: (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to object to unlawful data processing, under certain conditions; (iii) the right to erasure of personal information about you, under certain conditions; (iv) the right to demand that we restrict processing of your Personal Information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, or believe your personal information is inaccurate; (v) the right to data portability of personal information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vi) the right to object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions. If you want to learn more about your rights under the GDPR, you can visit the European Commission’s page on Data Protection at: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.

You also have the right to lodge a complaint with the relevant data protection authority. If you have any questions or concerns about exercising your rights under GDPR, please contact us https:// isocapnic.com/contact-us/

8.  CHILDREN

We request individuals under the age of 13 in the U.S. and under the age of 16 in the rest of the world not provide personal data. If we learn that we have collected personal data from a child under the age of 13 in the U.S. or under 16 in the rest of the world, we will take steps to delete the information as soon as possible.

9.  ADDRESSING QUESTIONS OR CONCERNS

If you have any questions or concerns regarding this Policy Policy or how we handle your personal information, you may direct them to our Privacy Officer, who is responsible for ensuring Isocapnic’s privacy policy compliance. You can contact us and address your communication to our Privacy Officer using any of the following methods:

Mailing Address: P.O. Box 29151 Kelowna, BC, V1W 4A7 Canada

Webform: https:// isocapnic.com/contact-us/

Isocapnic takes any complaint about our privacy practices seriously. We will investigate all complaints. If we find a complaint justified, we will take the necessary steps to resolve it. You will be informed of the outcome of the investigation regarding any complaint. If you are not satisfied with our response, you may have options to exercise various complaint procedures, including with the relevant Privacy Commissioner or regulatory authority.

10.  UPDATES TO OUR PRIVACY POLICY

Isocapnic reserves the right to modify or supplement this Privacy Policy at any time. If we make a change to this Privacy Policy, we will post such changes on our website and make such revised policy and changes available upon request to the individual identified below. However, Isocapnic will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.