Privacy Policy

(Last updated 7th March 2024)

Welcome

Welcome to Pathway. We hope that you will enjoy and appreciate using our “Services”, which include (i) visiting our website at https://www.pathway.md, including all subdomains, present and future (the “Website”); and (ii) using our “Platform”, which provides our users (each, a “User”) with access to a vast library of medical resources and literature. The Platform is available on the Website and via our “Application”, which refers to our app for iOS or Android called Pathway. You are accessing the Application using the handheld or tablet device onto which you have downloaded the Application (the “Device”) or visiting the Website on any type of device with a web browser.

Pathway takes your privacy and the security of personal data very seriously. We are providing this Privacy Policy (the “Policy”) to tell you about who we are, what personal data we collect from you and about you, and what we do with your personal data, all while you use the Services or otherwise interact with us. The Policy also explains your rights under applicable law and how you can contact us and the necessary authorities to enforce your rights. We ask that you please read it carefully.

Key Elements of this Policy

Here are the key elements of this Policy so that you can know the important parts right away to make an informed decision about your consent for our collection, use and disclosure of your personal data. By submitting personal data to us via any means, you consent to such collection, use and disclosure. You can find the details in the rest of the Policy.

Definitions

Before we get started with the details, here are a few terms we think you should know as you read this Policy.

“Data Protection Laws” refers to the laws that are designed to protect your personal data and privacy in the place where you live. Pathway is committed to adhering to all applicable Data Protection Laws. The Data Protection Laws include:

1. The “GDPR”, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council;
2. The “UK GDPR” which applies to our activities in the United Kingdom; please note that when this Policy refers only to the “GDPR”, this includes the UK GDPR, as applicable;
3. “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada;
4. Quebec's Act Respecting the Protection of Personal Information in the Private Sector (the Quebec Privacy Act) as amended by Law 25, that applies to our activities in Quebec;
5. The California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act which applies to our activities in the United States in certain circumstances; and
6. Other state privacy laws in the United States, specifically those which are currently in force in Colorado, Connecticut, and Virginia.

Personal data – this is information we collect from you or about you and which is defined in the GDPR as "any information relating to an identified or identifiable natural person." It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under PIPEDA, the Quebec Privacy Act, and the CCPA, the equivalent concept is “personal information”, which is roughly the same.

About Us and Contacting Us

Pathway Medical Inc. (“Pathway”), who owns and operates the Website, the Application, and the Platform, is a Canadian corporation located in the province of Quebec, Canada, with an office at the address listed below. Where this Policy refers to “Pathway”, it may refer to Pathway and / or its affiliates, and their respective officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to Pathway. In this Policy, a Website visitor, a User, or any other individual for whom we hold personal data may be referred to as “you” or “your”.

Under the GDPR, Pathway is a “data controller”. That means we collect personal data directly from you and determine the purpose and means of “processing” that data. “Processing” is a broad term that means the collection, use, storage, transfer or any other action related to your personal data; it is used in this Policy in that way. Under PIPEDA, Pathway is an “organization” and under the Quebec Privacy Act, Pathway is an “enterprise”. PIPEDA uses the phrase “collection, use and disclosure” and the Quebec Privacy Act uses “collects, holds, uses or communicates to third parties” as the approximate equivalent to the “processing” of the GDPR. When we use “processing” in this Policy, you can substitute either of the Canadian or Quebec law phrases.

If you want to ask us anything about what's in this Policy, or anything else privacy- or data-related, or exercise any of your available privacy rights, you can contact:

Pathway Privacy and Data Protection Officer [email protected]

Your Rights

You have the following rights regarding your personal data held by Pathway, and other privacy rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws where you are located that apply to you. These rights may be exercised without affecting any prices or costs charged by Pathway, if any, in connection with our Services. However, please note that exercising certain of these rights may affect your ability to use some or all of the Website or the Platform.

• The right to withdraw your consent for Pathway to process your personal data at any time;
• The right to have your personal data erased from Pathway's records, and to have your name de-indexed if we link to any information about you (which we currently do not);
• The right to access your personal data and any relevant information around its processing and use;
• The right to have a copy of your personal data given to you in an easy-to-read format so that you can transfer it to any data controller or data processor or other third party;
• The right to have your personal data corrected or updated if you believe it is inaccurate or out of date;
• The right to opt out of email communications we send you, at any time;
• The right to know whether Pathway shares your personal data (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our Privacy and Data Protection Officer if you need additional information or clarification;
• The right to demand that Pathway not sell your personal data. Please note that Pathway does not sell your personal data;
• The right to restrict the processing of your personal data if it is inaccurate or if our processing or use of it is against the law; and
• The right to refuse any marketing or advertising targeted at you by Pathway.

If you wish to exercise any of these rights, please contact our Privacy and Data Protection Officer at the contact information above or refer to certain relevant sections further in this Policy.

Limited Personal Data Collected from You and What We Use It For

Pathway limits the amount of personal data we collect to what is necessary and appropriate for the identified purposes. We will not use or disclose your personal data for purposes other than those for which it was collected, except with your consent or as permitted or required by applicable law.

In the table below, please find all the personal data we may collect from you directly, what we use it for and the legal basis under the GDPR for us having and processing this personal data. Under PIPEDA, the Quebec Privacy Act and the CCPA, the legal basis is your informed consent and by submitting this personal data you acknowledge having granted this consent to Pathway.

User Profile

We use your User Account Information and combine it with the data categories listed below in order to create your User Profile. The collection of data in your User Profile will be referred to throughout this Policy as your “User Profile Data”. Creating your User Profile allows us to personalize the content and advertisements available to you on the Platform and on third-party websites and applications. For example, if we believe that a User is a dermatologist, based on the data compiled in their User Profile, that User may be served additional dermatology content on the Platform or they may view advertisements that promote products or medications specific to the dermatology field on the Platform, in our emails or on third-party websites and applications. Personalization is an essential part of our Services and therefore, the legal basis for our creation and processing of your User Profile is the performance of a contract between you and us.

1. Platform Engagement: We automatically collect and store information about your use of and interaction with the Platform, such as your engagement with particular content (which content may include our medical resources and literature, advertisements and sponsored content from advertisers), the links that you click, the emails that you open, your Platform search and viewing history, the time and location of your access to the Platform, and the answers that you provide in response to market surveys presented to you on the Platform.

1. Advertising Engagement: Through the use of cookies and tracking technology, we also collect and store information about your interaction with advertisements on third-party websites and applications.

1. Cross-Device Tracking: We and our service providers collect and store data about Users’ interactions with unaffiliated websites and apps via cookies and similar tracking technologies. This data collection and storage allows us to infer the presence of a single User behind multiple Devices. We engage in this practice in order to (i) provide personalized advertising on each Device that we infer to be accessed and used by the same User; (ii) allow a User to access the Platform on one Device and pick up where they left off on another Device; and (iii) limit the number of times a User is shown the same advertisement across multiple Devices.

Additionally, in order to reinforce our personalization activities, through the use of User Profiles, we classify Users into different groups or segments, using algorithms and machine-learning. This classification helps us to compare Users with similar backgrounds or preferences and to identify patterns in User behaviour, which allows us to recommend better content or advertisements to our Users. Similarly, we may provide aggregated information from User Profiles to third parties that we deem appropriate in our sole discretion. For example, we may tell an advertiser what percentage of Users specialize in a particular clinical field.

Personal Data Collected About You from Third Parties and What We Use It For

Sometimes we get personal data about you from third parties, or the third party collects it on our behalf and uses it. This table explains the details about this personal data – what it is, where it came from, what we do with it, and the legal basis for us having and processing this personal data under the GDPR. Under PIPEDA and the Quebec Privacy Act, the legal basis for our collection, use and disclosure of this personal data is your informed consent, and by submitting such personal data to third parties, you agree that you have granted such consent.

In addition, to the extent that analytics and advertising identifiers are generated from third parties, these may be considered personal data collected from third parties and you can find details about those further below in this Policy.

Sensitive Personal information

We do not collect any of what the Data Protection Laws consider sensitive personal information from you when you use the Services, unless you voluntarily submit it to us, which we encourage you not to do.

Who We Transfer Your Personal Data To

We only share some of your personal data with third parties who are identified in the table further below in this section, along with what they do with it.

We will share personal data with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Platform's Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website or Platform infrastructure or the internet in general (such as voluminous spamming or denial of service attacks); or (4) we are required to under any applicable law.

We may also share personal data: (1) to a parent company, subsidiary, joint venture or other company under common control with Pathway (in which case we will require such entity to honour this Policy); or (2) if Pathway merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy or inform you that you are covered by a new privacy policy).

Some of these third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area or the U.K., please see the "Transfer of Your Personal Data Outside of the European Economic Area" further down in this Policy for more information, including on how we safeguard your personal data when this occurs. If you are in Quebec, please see the "Transfer of Your Personal Data Outside of Quebec" section further down in this Policy for information on how we safeguard your personal data when this occurs.

We will never share your personal data with other third parties except under these circumstances. We do not sell or rent your personal data to any third party for direct marketing purposes or any other purpose.

Healthcare Communications Network (HCN)

As detailed in the Terms of Use, creating an account on the Platform automatically includes registration with the HCN. As a result, your User Account Information and User Profile Data will be disclosed to HCN, its affiliates and its members. Their use and processing of your personal data is addressed in the HCN privacy policy, available here: https://HCN.health/privacy-policy/.

Email Communications and Compliance with Anti-Spam Laws

We manage our own mailing list with the assistance of certain third-party email service providers (the "Email Service Providers") to send out our newsletter and to email Users regarding the Services, their account, updates to our Application and new product releases. Personal data is transferred to the Email Service Providers in order for the emails to be sent out properly. The Email Service Providers do not use your personal data for any other purpose and will not transfer or sell your personal data to any other third party.

Please note that our emails may include advertisements and other promotional materials from third-party sponsors. Additional information about our advertising practices, including how to opt out of receiving advertisements personalized for you, can be found in the Pathway Advertising section.

You may unsubscribe to stop receiving email communications from us at any time, by following the link at the bottom of Pathway emails. Other types of emails, such as those related to your User account, will not include an opt-out provision, as they are essential for the use of our Services.

Pathwayapos;s email practices are designed to be strictly compliant with anti-spam laws, including, but not limited to, the law unofficially called “CASL” or Canada's Anti-Spam Law (S.C. 2010, c. 23) and the American CAN-SPAM Act of 2003. If you believe you have received any email from Pathway in violation of these laws, please contact our Privacy and Data Protection Officer using the contact information further up in this Policy.

Pathway Advertising and Opting Out

Pathway's provision of the Platform relies largely upon our relationships with advertisers and our use of and connection to various advertising networks. We share your User Profile Data with our advertisers and advertising networks in order to optimize the advertisements, sponsored content and commercial messages that you see on the Platform and on third-party websites and applications. With your consent, we engage in cross-app advertising, which enables the sharing of your User Profile Data across our Platform and other third-party websites and applications. In addition to Platform subscription fees, these advertising practices enable us to offer our exceptional Services and to make our comprehensive library of medical literature available to Users. This section details our advertising practices, how we use and share your User Profile Data and how you can opt out of the targeted, interest-based, cross-app advertising practices described in this section.

Our Advertisers

When you are exposed to an advertisement or other sponsored content via the Platform, including through emails, we may provide details from your User Profile, such as your name and medical specialty, to the applicable advertiser. We may also provide such advertisers with details about your engagement with the advertisement (e.g., whether you viewed or how you interacted with certain content) and your answers to any questions contained in advertisersapos; market surveys. Please review the privacy policies of any advertisers whose content you view on the Platform in order to familiarize yourself with their practices.

All advertisements delivered via the Platform, including through emails, will be identified to you by the label Advertisement, Information from Industry, Sponsored or some similar designation indicating that the content, which may pertain to a particular medical condition, therapy, product or service, has been selected by one of our third-party advertisers.

You can opt out of targeted, interest-based, cross-app advertising by rejecting cookies as described below and through the cookie banner on the Website. Please note that even if you reject cookies and opt-out of targeted, interest-based, cross-app advertising on the Website, you will continue to receive generic advertisements via the Platform. On your Device, you can control targeted, interest-based advertising on the “Privacy and Security” page of your iOS Device or Android Deviceapos;s settings. Note that the default settings on your Device (whether iOS or Android) do not allow for targeted, cross-app advertising. These settings will not prevent you from seeing advertisements, but will limit the use of Device advertising identifiers to personalize ads based on your interests.

Advertising Networks

Pathway is continuously evaluating and modifying our use of various advertising networks, which may change from time to time. All advertising networks provide you with instructional webpages on how to opt out of or decline their targeted, interest-based, cross-app advertising. For example, Meta (Facebook) allows you to adjust your Ad Preferences settings while logged in to Facebook. You may also opt out of or decline advertising by refusing or deleting the appropriate cookie, as described further in this Policy.

Generally, these advertising networks work by delivering you advertisements that will be of particular interest to you when you use their websites, apps, or services, based on your browsing and activity history interacting with the Website and the Platform (including advertisements that you see or interact with on the Platform). Certain advertising networks use your email address that you submit to us to match with their own version of your user profile in order to better target advertising to your preferences, a practice called email retargeting.

By visiting the Website, using the Platform or submitting your email address to us, you consent to our advertising to you in the ways described in this section, understanding that you can generally opt out any time. If opting out, we also suggest clearing your browsing history and deleting all cookies.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Pathway automatically collects certain information using certain “Third-Party Analytics Programs” to help us understand more about our Website visitors and Users and how they use the Website, the Application and the Platform, but none of this information identifies you personally, except via an alphanumeric string. For example, each time you visit the Website, the Application or the Platform, we automatically collect (as applicable) your IP address, browser (including referral URL) and computer or Device type, location information, access times, the web page from which you came, the web page(s) or content you access, and other related information. In connection with our advertising activities (as detailed above), we also collect your advertising ID, which is a unique user-resettable identification number for advertising, associated with a mobile device. We use information collected in this manner as generally described in this Policy and to better understand your needs and the needs of Website visitors and Users in the aggregate. Pathway also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website, the Application and the Platform and the specific pages visited on the Website and the Platform, with a view to introducing improvements to the Services and our activities.

Your IP address and other relevant information we collect using the Third-Party Analytics Programs may be used in order to trace any fraudulent or criminal activity.

Tracking Technology (“Cookies”) and Related Technologies

Pathway uses tracking technology (“cookies” and related technology such as tags, pixels, and web beacons) on the Website and the Platform. Cookies are small text files placed on your computer or Device when you visit a website, in order to track the use of the website and to improve the user experience by storing certain data on your computer or Device. By visiting or using the Website or the Application, you agree to their use, but only if you explicitly consent to such use, according to the cookie banner presented to you when you visit the Website or via the options presented to you when you download the Application.

Specifically, we use cookies and related technologies for the following functions:

• to facilitate online advertising and content personalization, as described above in this Policy;
• to provide general internal and user analytics and to conduct research to improve the content of the Website, the Application, and the Platform and to monitor the performance of the Website and the Platform using Third-Party Analytics Programs as described above in this Policy;
• to facilitate your use of your account when you are a logged-in User;
• to facilitate payment processing; and
• to assist in identifying possible fraudulent activities.

Our advertisers might also use their own cookies or other tracking technologies in the advertisements delivered to you on the Platform.

We may include social widgets within the Platform that enable you to interact with the social media platforms affiliated with such widgets (for example, to share an article from the Platform to LinkedIn). These widgets collect browsing data that may be received by the social network platform. You can adjust your privacy preferences to permit or prohibit such collection of browsing data with the applicable social network platform.

Your browser can be set to refuse cookies or delete them after they have been accepted and stored. You can refer to your browser’s help section for instructions, but here are instructions for the most commonly used browsers and operating systems:

• Google Chrome
• Mozilla Firefox
• Microsoft Edge
• Opera
• Apple Safari
• iOS
• Android

Please note that deleting or refusing cookies may reduce your user experience on the Website and the Platform and that deleting cookies may prevent certain functions from working at all. However, please also note that browser settings that block cookies may have no effect on certain types of advertising (for example, as in the dermatology scenario described in the User Profile section above).

How the Application Accesses Your Device

The following is a complete list and description of what functions on your Device that were developed by third parties are accessed and / or modified by the Application. Unless otherwise specified, these permissions apply to both the iOS and Android versions of the Application. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Application.

• External Storage – The Application may access the Device’s external storage to store system files needed for the Application to work effectively.
• Notifications - The Application may send you notifications (user permission only).
• Wi-Fi Connection Information - The Application may retrieve network connectivity and speed information from your Device.

Uninstall of the Application

You may uninstall the Application; uninstall methods may vary depending on your Device or iOS or Android version. Pathway has no control over the uninstall function and denies any responsibility for your use thereof.

How We Protect Your Personal Data

We have implemented strict technical and organisational procedures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed by us. These procedures prevent your personal data from being lost or used or accessed in any unauthorised way.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws require us to do so and within the time frame required by the applicable Data Protection Law(s).

Pathway uses only industry best practices (physical, electronic, and procedural) in keeping any data collected (including personal data) secure. In addition, we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Services, and these third parties have been selected for their high standards of security, both electronic and physical.

Finally, all information, including personal data, is transferred with encryption using Secure Sockets Layer (“SSL”) or Transport Layer Security (“TLS”), robust security standards for internet data transfer and transactions. You can use your browser to check Pathway’s valid SSL security certificates on the Website and the Platform.

Transfer of Your Personal Data Outside of the European Economic Area (“EEA”) and the U.K.

For our European users, we cannot commit to keeping your personal data inside the EEA or the U.K. (as applicable), since we and our data processors are located in countries outside the EEA and the U.K. However, the countries where we and our data processors are located are limited to countries with particular circumstances that protect your data, specifically:

• Canada. We may transfer personal data to our operations in Canada, but Canada has been determined to have an “adequate level of protection” for your personal data under European Data Protections Laws.
• The United States. Your personal data is only transferred to companies in the United States (including our data hosting service provider) that: (1) have signed agreements with us or have informed us that they are GDPR-compliant; and (2) have concluded the Standard Contractual Clauses for the transfer of personal data outside the EEA and the U.K.

You do have the right, however, to refuse to have your data transferred outside the EEA or the U.K. Please contact our Privacy and Data Protection Officer to make that request. Please note that making this request will prevent you from using the Platform and may prevent you from accessing certain parts of the Website.

Transfer of Your Personal Data Outside of Quebec

For our Quebec Website visitors and Users, we endeavor to keep your personal data in Quebec. However, certain of our third-party service providers are in other provinces or countries where your personal data may be transferred. When this happens, we do the following to safeguard your personal data:

• We will perform what the Quebec Privacy Act calls an “Assessment of the privacy-related factors” (what is generally called a “Privacy Impact Assessment,” or “PIA”) prior to the personal data leaving Quebec. If the PIA does not meet our standards and the standards required by the Quebec Privacy Act, we will not transfer your personal data to such a service provider; and
• If the PA allows us to transfer the personal data to such a service provider outside Quebec, we will sign what is generally called a “Data Processing Agreement,” or DPA, with the service provider, which protects the personal data transferred to them and limits their use of it to what we have contracted with them to do. This DPA will adhere to the requirements of the Quebec Privacy Act.

Supervisory Authorities and Complaints

If you are in the EEA or the U.K., under the GDPR, you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Privacy and Data Protection Officer, or if you would like to make a complaint directly about Pathway's data practices, we invite you to contact the supervisory authority in your country.

If you are in the U.K., you should contact the Information Commissioner’s Office who is the supervisory authority. You can reach them in a variety of ways, including by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact the Commission Nationale de l'Informatique et des Libertés which is the supervisory authority there. Their contact information can be found here.

The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA can be found here.

If you are in Canada and you are not satisfied with the response received or the actions taken by our Privacy and Data Protection Officer, you can make a complaint to the Office of the Privacy Commissioner of Canada. Instructions on how to do so can be found on their website. If you are in Québec, you can make a complaint to the Commission d’accès à l’information, with the instructions for contacting them on their website.

Data Retention

Your personal data will only be kept for as long as is necessary for the purpose needed for that processing. For example, we will delete your User account information upon termination of your account.

We may have to keep your data for a longer period of time to satisfy our requirements under any applicable law, including anti-spam laws, or to protect our legal interests.

In some cases, where permitted by the Data Protection Laws, we may keep personal data that has been anonymized, for our legitimate business purposes.

Automated Decision-Making

Pathway does not use any automated decision-making processes with regard to your personal data in providing the Services.

Children’s Privacy Statement

The Services are only intended for persons who are 18 years old for a resident of a Canadian province or the age of majority in any other country.

The Data Protection Laws have various age limits as to the minimum age required for us to hold personal data about an individual. We do not knowingly collect any personal data from a child under those minimum ages. If we become aware that we have inadvertently received personal data from a person under the minimum ages through the Website or the Platform, we will delete such information from our records.

Changes to This Privacy Policy

The date at the top of this page indicates when this Policy was last updated. Every now and then, we will have to update this Policy and we will update it no less than once every 12 months. You can always find the most updated version at this URL. We will always post a prominent notice on the Website and the Application if we make significant changes and use reasonable efforts to contact you if we have your contact information, for example, if you are a User.

Thanks for reading! Please keep your personal data safe; we promise to do the same.

Pathway Medical Inc., 2024.