Privacy Policy

Introduction

Membrance Inc. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

• The types of information we may collect or that you may provide when you purchase, download, install, register with, access, or use Membrance (the "App").
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App, and any information that may be retrieved from your private social media accounts or online accounts (the “Internet Media”) if, at any time, you expressly authorize the Company to access and collect data from your private Internet Media.

This policy DOES NOT apply to information that:

• We collect offline or on any other Company apps or websites, including websites you may access through this App.
• You provide to or is collected by any third party (see Third Party Information Collection).
• That is publicly available.

These other third parties and their apps and websites may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 18

The App is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at legal@membrance.com.

Information We Collect and How We Collect It

We collect information from and about users of our App:

• Directly from you when you provide it to us.
• Automatically when you use the App.
• From Internet Media, when authorized.

Information You Provide to Us

When you download, register with, or use this App, we may ask you provide information:

• By which you may be personally identified, such as name, date of birth/age, postal address, email address, telephone number, and any other identifier by which you may be contacted online or offline ("personal information");
• Voice recordings and impressions (“voice recordings”);
• That is about you but individually does not identify you, such as persons you intend to act as your agent and/or receive your Content after, including their email addresses or other contact information.

This information includes:

• Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.
• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
• Your search queries on the App.

You may also provide information for publication or display ("Posted") on private areas of the app or websites you access through the App (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain restrictions on the Recipients of your information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

When you download, access, and use the App, it may use technology to automatically collect:

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
• Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
• Location Information. This App does not collect real-time information about the location of your device.

If you do not want us to collect this information do not download the App or delete it from your device.

The technologies we use for automatic information collection may include:

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties [may] include:

• Advertisers, ad networks, and ad servers.
• Analytics companies.
• Your mobile device manufacturer.
• Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with the App and its contents, and any other information, products, or services that you request from us.
• Fulfill any other purpose for which you provide it.
• Give you notices about your account/subscription, including expiration and renewal notices.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our App according to your individual interests.
• Speed up your searches.
• Recognize you when you use the App.

We may also use your information to contact you about our other or new goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Membrance Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Membrance INC. about our App users is among the assets transferred.
• To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.
• To fulfill the purpose for which you provide it. For example, if you give us an email address to use the for a recipient of your User Contributions, we will transmit an email to that recipient notifying them of the User Contributions and provide the recipient with the contents of the User Contributions, at the recipient’s election.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the App End User License Agreement and Terms of Service, and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Membrance Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information. If there are any changes to the below policies, there will be an update to these Legal Notices which will include your further consent and appropriate opt-out options.

• Tracking Technologies. The App does not use tracking technologies.
• Location Information. The App does not gather location information.
• Promotion by the Company. The App will not use your information to promote Membrance products or other third-parties’ products.
• Targeted Advertising by the Company. The App will not use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences.
• Disclosure of Your Information for Third-Party Advertising and Marketing. The App will not share your personal information with unaffiliated or non-agent third parties

As noted, we do not provide third parties with your information nor do we consent to such collection. However, to the extent a third party is able to collect or use of your information to serve interest-based advertising, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information. Membrance fully complies with all State and Federal laws regarding data privacy. If there are any causes for concern, please contact us by email (legal@membrance.com).

Residents in the European Union may have additional privacy rights and choices regarding their personal information pursuant to the General Data Protection Regulation (GDPR). More information regarding the GDPR can be found here: https://gdpr-info.eu/ Please contact Membrance by email (legal@membrace.com) with any concerns or questions regarding privacy considerations under the GDPR.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages. Proper access and use of information provided on the App, including User Contributions, is governed by our Terms of Use.

Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. Membrance Inc. intends to comply fully with all state consumer privacy laws. To learn more about California residents' privacy rights, visit https://oag.ca.gov/privacy/ccpa. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, or to make any other request pursuant to California’s privacy laws, please send an email to legal@membrance.com.

To learn more about consumer privacy rights in other states and how to exercise them, visit Your State Privacy Rights. Please send an email to legal@membrance.com with any requests pursuant to state privacy laws.

Data Security

We have implemented comprehensive security protocols to protect your personal information from accidental loss and unauthorized access, use, alteration, and disclosure.

Secure Server Infrastructure

All data you provide is stored on secure servers, which are protected by advanced firewall systems to ensure the integrity and confidentiality of your information. We implement strict access controls, ensuring that only authorized personnel can access sensitive data, further reducing the risk of unauthorized access. Our application is accessible via HTTPS, ensuring that data transmitted between your device and our servers is securely encrypted and protected against interception.

Cloud Database Security Features

Our database is hosted on a multi-cloud database service, which includes built-in security features such as end-to-end encryption, IP whitelisting, and automated backups, enhancing the overall security of your data.

Secure Payments

Our application uses the same secure payment platform utilized by millions of international online companies for payment processing, which adheres to strict PCI Compliance standards. The payment platform uses advanced encryption techniques and security measures to protect your payment information, ensuring that your financial data is handled securely. Importantly, we do not store your card information in our database, all sensitive payment data is managed directly by the payment platform, minimizing the risk to your information.

While we prioritize data security, we also encourage you to keep your account password confidential. Avoid sharing your password and be cautious about the information you share in public areas of the app.
We acknowledge that no transmission of information via the internet or mobile platforms can be completely secure. While we take all necessary precautions to protect your data, we cannot guarantee absolute security during transmission.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and/or through a notice on the App.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Membrance Inc.
1178 Broadway 3rd Floor, Suite 1308
New York, NY 10001

Email: legal@membrance.com

RECIPIENT User Consent

Recipient, or “You” in this Recipient User Consent, shall be as defined in the Terms of Service hereof.

As a Recipient of Content from an End User of the Membrance Inc. (the “Company”) application (the “App”), you are agreeing to abide by each of the Legal Notices included herein as may be applicable to a Recipient, in addition to the terms below in this Recipient User Consent.

Access and Copying

Recipients shall not copy, record, download, or otherwise save, preserve, or duplicate any Content on the App. No content shall become the property of Recipient, and violations of this policy may result in prosecution by Membrance.

Recipients shall not forward any Content to any email address, third party, mobile phone number, or any other device or receptacle for the purposes or preserving, saving, or sharing the Content.

A Recipient may create a Membrance Account to maintain repeated access to Content shared by an End User and/or create Recipient’s own Content. Any creation of such an Account requires Recipient to confirm acceptance of and adherence to the Legal Notices herein.

For the avoidance of doubt, the following provisions of the End User License Agreement, which are binding upon Recipient, are restated in this Recipient User Consent:

Disclaimer of Warranties

THE APPLICATION IS PROVIDED TO RECIPIENT "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

• PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
• DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application. Notwithstanding anything to the contrary herein, this provision shall survive your Death (as defined in the Terms of Service) and/or termination of this Agreement.