BY YOUR USE OF THIS APP YOU AGREE TO THE FOLLOWING:

INTRODUCTION AND AGREEMENT TO TERMS

Encore Medical Education, LLC (“ENCORE”) is pleased to provide this mobile app (the “App”) to host programs for professional informational and educational use (“Program” or “Programs”). The following agreement governs your access and use of this App. Throughout, the terms “you” and “your” refer to any individual, company or legal entity that accesses or otherwise uses this App.

Please read these Terms of Use (“Terms of Use”) for the App very carefully. By accessing, browsing or using this App, you agree to be bound by these Terms of Use. If you do NOT agree, you should NOT access or use this App. You will be asked to click “I AGREE” to signify your understanding and acceptance of the Terms of Use before you access the App.

If you have any questions or problems regarding these Terms of Use, please contact the ENCORE’s help desk at: events@encoremeded.com.

OWNERSHIP AND USE OF THIS APP

ENCORE owns the App and provides many types of medical education and other information to be distributed through the App. The App and any content on the App are intended for the use of physicians and other qualified healthcare professionals solely for medical education purposes.

You acknowledge and agree that all content on this App, including, without limitation, the App’s design, graphics, text, formatting, sounds, pictures, images, user interfaces, page headers, custom graphics, button icons, scripts, software, trademarks, service marks, trade names, trade dress, logos and other materials and information on this App, and the selection and arrangement thereof (“Content”), is owned, controlled or licensed by or to ENCORE, and is protected by United States and international copyright, trademark and various other intellectual property laws and rights. You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of ENCORE. Any other use, including distribution to or use of the App or Program Content found on the App by any third parties not granted such specific permission, is not allowed, and legal action may be taken in case of such wrongful access, distribution, or use.

DISCLAIMER

THIS APP, THE PROGRAMS, AND THEIR CONTENT, DO NOT PROVIDE MEDICAL ADVICE.

THIS APP AND THE CONTENT ARE PROVIDED "AS IS". ENCORE, ITS AGENTS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

ENCORE, ITS AGENTS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS APP IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APP INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES. NEITHER ENCORE NOR ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE APP SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE APP OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENCORE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PRIVACY NOTICE AND PRIVACY POLICY

The processing of any personal data derived from your use of the App will follow ENCORE’s current Privacy Policy as posted on the App, including any requirements under the EU Directive 95/46/EC and the General Data Protection Regulation (EU) 2016/679 as well as any applicable laws implementing or amending the same. This Privacy Policy, in its most current form, is incorporated herein by reference.

INDEMNIFICATION AND RELEASE

You agree to indemnify, defend and hold harmless ENCORE against any and all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the App, any activity related to your use of the App, any message or material that you submit to, post on or transmit through the App, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the App.

SUSPENSION OR TERMINATION

As a condition of your use of this App, you agree not to use the App for any purpose that is unlawful or prohibited by these Terms of Use. You further agree that you are responsible for your use of and communications on the App. ENCORE reserves the right, in its sole discretion, to suspend or terminate your access to this App and prohibit all of your current and future use of this App (or any portion thereof), if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this App.

SEVERABILITY

All provisions of these Terms of Use are severable. If any provision or portion hereof is determined to be unenforceable by a court of competent jurisdiction, then the rest of the Terms of Use shall remain in full effect, provided that the general purposes remain reasonably capable of being effected.

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Louisiana, United States, without regard to any conflicts of law principles applied. By use of the App, you agree that any dispute that is brought hereunder shall be determined by binding arbitration under the rules of the American Arbitration Association, in an arbitration held before a certified arbitrator in the Parish of East Baton Rouge, State of Louisiana.

MODIFICATION OF TERMS OF USE

ENCORE may amend these Terms of Use, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting on the App. By continuing to access or use this App, you will be deemed to have reviewed and accepted such amendments. You are advised to regularly review the Terms of Use so that you are aware of any amendments.

I AGREE TO THESE TERMS OF USE

REGISTRATION FORM

ENCORE’s Mobile App Terms of Use and Privacy Policy are available to you through Apple and Google Stores. By completing this registration form and using ENCORE’s Mobile App, you agree that the Terms of Use and Privacy Policy have been made available to you and that you agree to the Terms of Use and understand your rights under the Privacy Policy. Please indicate your agreement and understanding by checking the appropriate box below:

I AGREE

I DO NOT AGREE (Access to this App will be denied)

Registration Form Fields:

Name Email Specialty

Encore Medical Education, LLC (referred to in this policy as “we”, “our”, and “us”) maintains this mobile App (the “App”). We respect the privacy of those who use this App (“user” or “you”). In order to comply with data privacy protection laws in the European Union (the “GDPR”) as well as statutes in California, Nevada and in the United States generally, we have written this Privacy Policy which explains exactly how we use the personal data we collect from you.

How do we collect your data?

If you visit the App for any purpose, including viewing videos or information through or on the App or you fill out an evaluation form of a medical education event you either attended in person or accessed through the internet, you will transfer certain personal data to us.

What data do we collect?

We may, from time to time, collect information from you, including the following:

Personal Data

Personal identification information, such as your name, address, email address, telephone number, and demographic information that you voluntarily give to us when you choose to access or exchange information on the App. You are under no obligation to provide us with personal information of any kind, but your refusal to do so may prevent you from using certain features of the App.

Derivative Data

Information our servers automatically collect when you access the App, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the App.

Financial Data

Financial information, such as data related to a payment method (e.g. valid credit card number, card brand, expiration date) that we may collect if you purchase any services from us or through the App. All financial information you may have provided online to a third party to access services on the App are governed by that third party’s privacy policy. You are encouraged to review that third party’s privacy policy and contact them directly for responses to your questions regarding privacy of your financial data.

Data from Social Networks

User information from social networking apps, such as Facebook, Google+, Instagram, Pinterest, Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if we link the App and you connect your account to such social networks. PLEASE NOTE: We do not currently link the App to or obtain information from those social networks.

Mobile Device Data

Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device.

Information from third parties, such as personal information or network contacts, if you connect your account to the third party and grant the App permission to access this information.

Data from Surveys or Evaluations

Personal and other information you may provide to us, either on the App or through a third party’s request that you respond to surveys or evaluations.

How will we use your data?

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Although at present we do not currently collect data for many of the uses listed below, we want to notify you that we may now or in future use information collected about you via the App to:

Create and manage your account on the App.

Deliver to you targeted advertising, newsletters, and other information regarding our services and products and information available from us or on the App.

Email you regarding your account or the programs available to you from us or on the App.

Enable user-to-user communications.

Fulfill and manage transactions related to the App.

Generate an internally managed personal profile about you to make your future visits to the App more personalized.

Increase the efficiency and operation of the App.

Monitor and analyze usage and trends to improve your experience with the App.

Notify you of updates to the App.

Offer new products, services, mobile applications, and/or recommendations to you.

Perform other business activities as needed.

Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

Process payments and refunds.

Request feedback and contact you about your use of the App.

Resolve disputes and troubleshoot problems.

Respond to product and customer service requests.

Send you a newsletter.

Do we disclose your information to others?

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

To Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

For Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

For Interactions with Other Users

If you interact with other users of the App, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.

Due to Your Online Postings When you post comments, contributions or other content to the App, your posts may be viewed by all users and may be publicly distributed outside the App in perpetuity.

To Our Affiliates

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include any of our subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

To Our Business Partners

We may share your information with our business partners to offer you certain products, services or promotions.

To Other Third Parties

We may share your information with investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

In Connection with Our Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy.

How do third parties handle my data?

The App may contain links to third-party websites or mobile applications which we believe may be of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the App, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites or applications, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website or mobile application, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the App. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

How do we store your data?

We use reasonable precautions, including appropriate technical, administrative, and physical procedures, designed to protect your personal data from loss, misuse, or alteration. If we contract with other companies to provide us with services, we will require them likewise to use reasonable safeguards to protect your personal data. However, we are not responsible for any breach of security or for the actions of these parties. Due to the design of the internet and other factors outside our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties. If there is a breach of security of which we become aware, we will do everything we can to minimize the breach and stop any use of information which may have been obtained. Our principal offices are in the United States, and we will not transfer your data to anyone outside of the United States other than to our employees who may be located elsewhere.

We will keep the information you provide to us for a period not exceeding five (5) years. Once this time period has expired, we will delete your data by using technological methods designed to destroy the information permanently.

PLEASE NOTE: While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

How do we get information from you when you browse the App?

Cookies and Web Beacons

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the App to help customize the App and improve your experience. Cookies are files created by websites you visit and applications you use. They make your online experience easier by saving browsing information. Most web browsers are set to accept cookies by default. You can set your browser to reject cookies or to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis, but be aware that such action could affect the availability and functionality of the App. For further information on cookies, including information on how to disable cookies on your browser, visit allaboutcookies.org

You may not decline web beacons, which are clear picture files used to keep track of your navigation through a single website or a series of websites. Web beacons also go by the name of web bugs and are normally used by websites that use third party traffic monitoring and tracking services. Web beacons might be used by the App in connection with cookies to gain an understanding of how the App’s users navigate through and process the content contained in the App.

App Analytics

We may partner with selected third-party vendors, such as Google Analytics and others, to allow tracking technologies and remarketing services on the App through the use of both first- party and third-party cookies, to, among other things, analyze and track (in aggregate) your and other users’ use of the App, determine the popularity of certain content, and better understand online activity. By accessing the App, you consent to the collection and use of your information by Google Analytics or other similar third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. We will not associate any data we gather through these vendors with your personally identifiable data unless required to do so to cooperate with law enforcement or other governmental request or to comply with law. if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor directly or make use of the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

Please be aware that getting a new mobile device, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

What if I specify “Do Not Track” in my web browser?

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy. For all the details, including how to turn on Do Not Track, visit www.donottrack.us.

What are your data protection rights?

We want to be sure you are fully aware of all of your data protection rights. Because the European Union has enacted a regulation known as the GDPR to protect the collection of personal data from persons in the EU, we will give to you and all of those from whom we collect personal data the protections required by the GDPR. Those include:

The right to access –The right to ask us for copies of your personal data. We may charge you a small fee for this service.

The right to rectification –The right to request that we correct any information you believe to be inaccurate or incomplete.

Under certain conditions, you may be entitled to the following:

The right to erasure –The right to request that we erase your personal data.

The right to restrict processing –The right to request that we restrict the processing of your personal data.

The right to object to processing – The right to object to our processing your personal data.

The right to data portability – The right to request that we transfer the data we have collected to another organization or directly to you.

What rights do children have for protection of their data?

We intend to comply with the U. S. Children's Online Privacy Protection Act (“COPPA”) of 1998. The primary goal of COPPA is to place parents in control over what information is collected from their young children online. The Rule was designed to protect children under age 13, while accounting for the dynamic nature of the Internet. Accordingly, we do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under 13 years of age, please contact us using the contact information provided below.

How do you contact us to ask questions or to exercise your data protection rights?

If you have questions or concerns about this policy, or you want to change the data you have provided to us or terminate your use of the App, you may contact us through the information below. If you make a request to exercise one or more of your rights, we have one month from the date we receive it to respond to you.

Here are the ways you may contact us:

By email: fran.grega@encoremeded.com

In writing via mail or courier: Encore Medical Education, LLC

Fran Grega, President and Data Protection Officer 1967 Cedardale Avenue

Baton Rouge, LA 70808

What is the effect of requesting that you remove my information from your databases?

If you request that we terminate your account and/or remove your information from our active databases, we will comply as soon as practicable. However, some of your information may still be retained in our files to prevent fraud, troubleshoot problems, assist in any investigations, enforce our terms of use, and/or comply with legal requirements including subpoenas. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

What if you are a resident of California?

California has enacted a data privacy law to protect its citizens known as “CalOPPA”. CalOPPA requires commercial websites, mobile applications, and online services to post a privacy policy such as this one, which states the information being collected and those individuals or companies with whom it is being shared. In accordance with CalOPPA, in addition to the other protections we have outlined in this Privacy Policy, we promise that users can visit the App anonymously, and that we will add a link to this Privacy Policy, labeled to include the word “Privacy”, on the App’s home page.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the App, you have the right to request removal of unwanted data that you publicly post on the App. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the App, but please be aware that the data may not be completely or comprehensively removed from our systems.

If you are a Nevada resident, what are your rights? Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. We do not sell your personal information for monetary consideration; however, this right applies even if we do not sell personal information for monetary consideration.  If you are a Nevada consumer and wish to exercise this right, please submit your request by email, including your name, physical address in Nevada, email address, and telephone number to our Data Protection Officer at fran.grega@encoremeded.com.

If you are in the European Union, who is the supervisory authority to contact regarding your GDPR privacy rights?

If you reside in a country within the European Union, should you wish to report a complaint about our Privacy Policy or feel that we have not addressed your concern in a satisfactory manner, you may contact the EU Information Commissioner’s Office for your particular country. These are listed at https://edpb.europa.eu/about-edpb/board/members_en.

How will you know if our privacy policy changes?

We keep this Privacy Policy under regular review, and we will place any updates on this Privacy Policy page on the App. You should access this page in order to determine the most up-to- date version. This Privacy Policy was last updated on September 1, 2020.