Privacy Policy

This is the privacy policy (“Privacy Policy”) of Aracari Biosciences, Inc. (“Aracari,” “we,” “us,” and “our”). Because your privacy and trust are important to us, we are committed to responsibly handling and protecting any Personal Information you provide to us through our Website (as defined below). By using our Website, you agree to accept this Privacy Policy, on behalf of yourself and the institution/company or other legal entity that you represent, when you access or use our Website. If you do not accept this Privacy Policy, you may not access the Website. We may change the Privacy Policy from time to time at our discretion. Changes will be posted to the Website. The amended Privacy Policy supersede all previous versions.

This Privacy Policy explains how we collect and use your Personal Information (as defined below) when you access or interact with our Website, including those in the domain Aracaribio.com and other websites and mobile applications operated by or associated with Aracari (collectively, the “Website”), and the choices you can make about that Personal Information.

What is Personal Information?
“Personal Information” means any information relating to an identified or identifiable natural person, such as first and last name, address, email address, company and department, and/or other types of contact information. An identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

We collect, use, disclose and transfer and store Personal Information to the extent necessary for certain business purposes as detailed in this Privacy Policy.

What Personal Data Do We Collect and How Do We Collect It?

When accessing or interacting with our Website, you may be asked to provide us with certain Personal Information. For example, in order to access certain portions of our Website, request information about our products or services or request user support, you may be asked to provide your contact information (e.g., name, institution/company and department, phone number, email address, zip or postal code, etc.). You may be asked to provide Personal Information in order to create an account on our Website or to submit a user support request. Aracari does not collect, store or transmit credit card or payment information.

Not all of the information that we collect about you will always come directly from you. For example, it may come from the institution/company with which you are employed if it is a customer/user of our products and/or services.

To improve your experience on our Website and/or to facilitate our efforts to market our products and services, we may use automatic data collection technologies and/or web- based automated marketing solutions to collect certain non-Personal Information about your equipment, browsing actions/patterns and online activities (i.e., behavioral tracking), including:

Details of your visits to our Website, including traffic data, location data, logs (e.g., length of visit and number of page views), and other communication data and the resources that you access and use on the Website; and
Information about your computer and internet connection, including your IP address, operating system, and browser type.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website or certain aspects of our Website may not function properly. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, you may be unable to access certain parts of our Website or certain aspects of our Website may not function properly.
Web Beacons. Pages of the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Aracari, for example, to count users who have visited those pages and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

We do not collect any Personal Information automatically, but we may tie the non- Personal Information described above to Personal Information about you that we have collected from other sources or that you provide to us.

With respect to third-party technologies used our Website, it is important to note that we do not control the tracking technologies those third parties use nor do we control how such third parties will use the information they obtain from those tracking technologies. These third-party technologies (such as Google Analytics, for example) may use cookies, alone or in conjunction with other tracking technologies, to collect information about you when you use our Website. The information collected by these third-party technologies may be associated with your Personal Information or about your online activities over time and across different websites and other online services. These third- party technologies may use this information to provide you with interest-based (behavioral) advertising or other targeted content. To learn more about how Google Analytics, in particular, collects and processes this information, please visit the following website: www.google.com/policies/privacy/partners titled “How Google uses data when you use our partners’ sites or apps”. If you would like to opt-out from the use of your information by Google Analytics, you may use Google Analytics’ opt-out browser add-on designed for this purpose located here: https://tools.google.com/dlpage/gaoptout.

If you receive promotional or informational emails from us, you may opt out of these communications at any time by using the “unsubscribe” link at the bottom of all emails or contacting us.

How Do We Use Personal Information?

We may use Personal Information we collect for the following business purposes:

To improve and market our products and services;
To respond to general inquiries or provide technical and user support and training;
To communicate with you regarding any account you establish on our Website (including specific functions such as successful account creation or password resets) or otherwise provide you with news, marketing and event communications about our products and services (which you can opt out of by following the unsubscribe instructions included in electronic communications or by sending an email to vhaynie@haynlaw.com);
To personalize your experience and to make recommendations regarding our products and services;
To verify your identity;
To comply with legal obligations, including the prevention, detection and/or investigation of fraud, abuse, security incidents and any harmful activity; and
To ensure the adequate performance of any contract we may have with you.

Do We Share Personal Data?

We may disclose your Personal Information to third parties under the following circumstances:

We may disclose your Personal Information to our contractors, service providers and other partners (including without limitation, hosting and platform providers), who support our Website and/or our business and/or who process payments on our behalf. We may also share your Personal Information with service providers who provide data analysis services, customer relationship management solutions and B2B marketing automation solutions so that we can effectively manage our relationship with you as a customer and inform you about our products and services that may be of interest to you.
We may disclose your Personal Information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent or take action regarding possible illegal activities or to comply with legal process.
We may disclose your Personal Information in situations involving potential threats to the physical safety of any person, violations of this Privacy Policy or our user agreements or to respond to claims of violation of the rights of third parties and/or to protect the rights, property and safety of Aracari, our employees/agents, our users or the public.

• We may disclose your Personal Information to third parties: (i) in the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets and (ii) in connection with a merger or other acquisition or if substantially all of our assets are acquired by a third party, in which case Personal Information will be one of the transferred assets.
Where Do We Store and Process Personal Data?
Aracari may transfer, store and process your Personal Information with service providers based in the United States. If you visit our Website from outside the United States, your Personal Information will be transferred to the United States. You acknowledge that United States laws may differ from, and not offer the same level of data protection as, the laws applicable to your country of residence.

How Do We Secure Personal Data?

We are committed to protecting the security of the Personal Information collected, and we take reasonable physical, electronic, and administrative safeguards to help protect such data from unauthorized or inappropriate access or use. It is your responsibility to protect the confidentiality of your passwords, account information, and any other access features associated with your access or use of our Website and to adhere to any applicable terms of use or other contract between us and you or your institution/company.

How Long Do We Retain Personal Data?

We generally retain Personal Information for as long as needed for the specific business purpose(s) for which it was collected. In some cases, we may be required to retain Personal Information for a longer period of time based on laws or regulations that apply to our business or for other necessary business purposes.

What Rights Do You Have to Access and Control Your Personal Data?

You have the right to request access to your Personal Information we have on file by contacting us at vhaynie@haynlaw.com. In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending you a copy of your Personal Information electronically.

In addition, we will honor any request you make to update, correct or delete your Personal Information or suspend processing of your Personal Information, subject to and in accordance with our rights and obligations under applicable law. Please contact vhaynie@haynlaw.com with any such requests.

We respect your right to access and control your Personal Information and, as such, will make reasonable efforts to respond promptly to any lawful requests described in this section in accordance with applicable laws. If you are not satisfied with the way that Aracari manages your Personal Information, you have the right to make a complaint to the applicable data protection authorities.

Links to Third Party Websites

Our Website may contain links to third-party websites, or may give you access to applications, software, or products provided by third parties. Please understand that those third-party websites and products may have different terms of use and privacy policies, and that Aracari does not control and is not responsible for the content of such websites or the privacy practices of such third parties. We are also not responsible for the terms of use you may be required to agree to in order to use such third-party websites and products. As such, you should review any applicable third-party terms of use and privacy policies prior to using those third-party websites and products.

Children

We do not knowingly collect or solicit Personal Information from children under the age of 13. If we learn that we have collected Personal Information from a child under the age of 13, we will delete that information as quickly as possible.

Do Not Track

Our Website does not support Do Not Track at this time. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit www.donottrack.us.

Special Notice to California Residents

Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. Aracari does not share any information about you to third parties for marketing purposes, however, to make such a request, please contact us using the contact information provided in the “How to Contact Us” section below and provide us with your name, address and email address. We will respond to you within thirty (30) days of receiving such a request.

Changes to this Privacy Policy

We reserve the right to amend this Privacy Policy at any time. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Website, and in the case of any material changes, we will notify you by email or other means before such material changes take effect. Your continued use of the Website after the date the changes take effect will be subject to the revised Privacy Policy.

How to Contact Us

If you have any questions, comments or notices regarding the Privacy Policy, you may contact us by email or by registered mail:

Email vhaynie@haynlaw.com

Registered Mail
Aracari Biosciences, Inc.
Attn: General Counsel
17140 Bernardo Center Dr # 354, San Diego, CA 92128

Additional Information for EU Residents

The Personal Information you provide to us includes “personal data” as defined by and subject to any national law of an EU member state adopted pursuant to General Data Protection Regulation (EU) 2016/679. Aracari is the “controller” of the personal data you provide to us. As discussed above, we will transfer your personal data to the United States where our offices are located. We will only transfer your personal data to the United States through the use of appropriate safeguards.

We process personal data as necessary to pursue our legitimate interest to provide our services to you. You have the right to access a copy of your personal data, correct inaccuracies in your personal data, request the erasure of your personal data and restrict the processing of your personal data. For more information about how you can access, rectify and erase your personal data, please contact us at the contact information provided in the “How to Contact Us” section above. In addition, you have the right to lodge a complaint with a supervisory data protection authority.

Version Effective 1/1/2023