HOW WE USE YOUR INFORMATION:

Your information is processed using primarily electronic means and is used, without limitation, for the following purposes and any of the purposes listed under the heading ‘Use of Personal Information’ below:

1. Creation of an account;

2. Processing and shipping your order for products purchased through the Website;

3. Management of your account (other than payment processing);

4. Management of our relationship with you, including notifying you about changes to our terms of service or privacy policy;

5. To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);

6. To use data analytics to improve our Website, services, marketing, customer relationships and experiences;

7. To make suggestions and recommendations to you about goods or services that may be of interest to you;

8. Marketing communications;

9. Customization of content;

10. Responding to customer service requests and similar communications from you;

11. Technical assistance; and

12. To add to and update the content of the Website;

LAWFUL BASIS FOR USING YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

1. Where we need to perform the contract we are about to enter into or have entered into with you.

2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Our legitimate interests in the above purposes are as follows:

3. It is necessary for us to study how users and potential users use our services;

4. It is necessary to recover debts due to us;

5. It is necessary to keep our records updated;

6. It is necessary to develop our user base, develop our services and grow our business;

7. It is necessary to define types of users for our services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy;

8. It is necessary for running the Website, our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise.

   • Where we need to comply with a legal obligation.

   • Where you consent to our processing of your personal data.

We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.

‘Lawful Basis’ explained

1. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

2. Performance of Contract means processing your personal data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

3. Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

4. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain aspects of the Website and related services to you. We will advise you if this is the case at the time you withdraw your consent.

HOW WE PROTECT YOUR INFORMATION:

The Website uses Secure Socket Layer (SSL) software and similar encrypting systems to protect your information when you create an account on the Website. Only employees, contractors and agents of the Website operator may access user information on a need to know basis.

While we make reasonable efforts to ensure your information is processed and stored in a secure manner, we cannot guarantee the security of data transferred over the Internet.

WHERE WE STORE YOUR INFORMATION:

Your information will be collected and stored in the United States.

SHARING YOUR INFORMATION:

We will not sell or otherwise disclose your information, except as described in this section and other relevant sections of this Privacy Policy for example under the heading ‘Sharing Personal Information’ below.

1. We may share your information with companies affiliated with VaginaWATER, including licensees and joint venture partners, who may be located outside the United States. These parties may only use your information in compliance with this Privacy Policy.

2. We may retain third-party service providers in order to process your data in connection with the services provided on the Website (e.g., IT support, payment providers, customer service or marketing communications). Third parties who perform these operations are only permitted to use the information provided to them to perform their function and for no other purpose.

3. In the event there is a change in the corporate structure of VaginaWATER including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, we may, in our sole discretion, transfer, sell or assign users’ information collected on and through the Website to one or more affiliated or unaffiliated third parties or successor in interest.

4. We may disclose a user’s information when required to do so to comply with applicable law or legal process or to respond to a request from law enforcement authorities. We may also provide your information where necessary for the defense of legal claims or for fraud prevention purposes.

LINKS TO THIRD-PARTY SITES:

The Website contains links to third-party websites, including a third-party website which processes payment. We do not operate, control, monitor, endorse or guarantee those third-party websites. This Privacy Policy does not apply to the collection and use of information by such third-party websites. We suggest that you carefully read the privacy policy and other policies of all third-party websites.

We provide hyperlinks to third-party websites only for the convenience of our users and it is not a recommendation that users access such third-party websites. We do not guarantee the services or goods provided and sold by such third-party websites to Internet users. YOU AGREE THAT YOUR USE OF ANY THIRD-PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY BACKSKIN, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, Mk/ERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL BACKSKIN BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY WEBSITES.

INFORMATION COLLECTED FROM AND/OR SHARED WITH SOCIAL MEDIA SITES:

When accessing the Website through a third-party social media site and/or application, we may access some of your information from your social media account, such as name, email address, profile picture, location, friend/follower list, posts and/or likes. Please note that some aggregate information, that does not personally identify you, such as content viewed on the social media site/application, may also be collected by us if you access the Website through a third-party social media site.

Please note that this Privacy Policy does not apply to third-party social media sites, and you should always refer to the privacy policies of the relevant social media sites for information concerning their collection and processing of information.

INTERNATIONAL TRANSFERS IN RELATION TO EU AND UK RESIDENTS

Whenever your personal data is transferred outside of the UK or EU, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

1. We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the Information Commissioner’s Office or other applicable supervisory authority.

2. We may use specific contracts approved by the Information Commissioner’s Office or other applicable supervisory authority, which give personal data the same protection it has in the UK, having assessed whether further safeguards are needed.

3. We may request your specific consent to transfer your personal data, in accordance with Article 49 of the UK and EU GDPR. In this case, we will inform you of the possible risks of such transfers for you due to the absence of an adequacy decision and appropriate safeguards.

4. We may rely on the fact that the transfer is necessary for the performance of our contract with you or our contract with a third party, in accordance with Article 49 of the UK and EU GDPR.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or EU.

CHANGING, UPDATING OR REMOVING YOUR INFORMATION:

You may update, correct or remove all of your personal information at any time and free of charge by logging into your account. We may ask that you identify yourself and the information you wish to access, change or delete for security purposes, and we will comply with your request as soon as reasonably practicable. By removing some of your information, you may not be able to access some of the Website’s features. We may keep some of your personal information if required by law or for specific legal reasons. For UK and EU citizens, please be aware that your rights under the UK GDPR or EU GDPR (as applicable) will take priority if there is a conflict between those rights and this paragraph.

PROMOTIONAL OFFERS FROM US

We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by logging into the Website and checking or unchecking relevant boxes to adjust your marketing preferences.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of service purchase, warranty registration, service experience or other transactions.

DATA RETENTION

We will only retain your personal data that you provide to VaginaWATER for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data (see the section ‘RIGHTS OF UK AND EU RESIDENTS’ below) for further information.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

RIGHTS OF CALIFORNIA RESIDENTS:

1) Information We Collect

VaginaWATER has collected the following categories of personal information from its consumers within the last twelve (12) months:

Personal information does not include publicly available information from government records, deidentified or aggregated consumer information, and information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

VaginaWATER obtains the categories of personal information listed above from the following categories of sources:

1. Directly from you: Information provided by registering on the Website, creating an account, using our services, placing an order, contacting us through the Website or via email, etc.

Automatically collected information. When You access our Website, some information is automatically collected in order to ensure the Website’s functionality.

2) Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

1. To fulfill or meet the reason you provided the information. For example, if you provide your personal information to purchase a product or service, we will use that information to process your order and deliver the product or provide the service;

2. To provide, support, personalize, and develop our Website, products, and services;

3. To create, maintain, customize, and secure your account with us;

4. To process your requests, purchases, transactions, and prevent transactional fraud;

5. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;

6. To provide you with email alerts, promotional offers and other notices concerning our services;

7. To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law);

8. To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, our clients and business;

9. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;

10. As described to you when collecting your personal information or as otherwise set forth in the CCPA;

11. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of VaginaWATER’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by VaginaWATER about our Website users is among the assets transferred.

VaginaWATER will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

3) Sharing Personal Information

VaginaWATER may disclose your personal information to a third party for business purposes. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We may share your personal information with the following categories of third parties:

1. Service providers, which may be located outside of the United States;

2. Data aggregators; and

3. Companies affiliated with VaginaWATER, including licensees and joint venture partners, who may be located outside the United States;

4. In the event there is a change in the corporate structure of VaginaWATER including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, we may, in our sole discretion, transfer, sell or assign users’ information collected on and through the Website to one or more affiliated or unaffiliated third parties or successor in interest; and

5. Governmental and/or law enforcement agencies.

4) Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, VaginaWATER has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Internet or other similar network activity.

Category E: Geolocation data.

5) Sales of Personal Information

In the preceding twelve (12) months, VaginaWATER has not sold personal information. VaginaWATER does not sell personal information.

6)Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

7)Access to Specific Information and Data Portability Rights

You have the right to request that VaginaWATER disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

1. The categories of personal information we collected about you;

2. The categories of sources from which we collected personal information about you;

3. Our business or commercial purpose for collecting or selling that personal information;

4. The categories of third parties with whom we share that personal information; and

5. The specific pieces of personal information we collected about you (also called a data portability request).

6. Additionally, if we sold or disclosed your personal information for a business purpose, we will provide you with two separate lists disclosing:

7. The categories of personal information VaginaWATER sold to third parties in the preceding twelve (12) months; and

8. The categories of personal information VaginaWATER disclosed for a business purpose to third parties in the preceding twelve (12) months.

8)Deletion Request Rights

You have the right to request that VaginaWATER delete any of your personal information that it collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request in compliance with the CCPA if retaining the information is necessary for us or our service provider(s) to, among others: complete the transaction for which we collected the personal information, provide a good or service that you requested or take actions reasonably anticipated within the context of our ongoing business relationship with you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; comply with a legal obligation; or make other internal and lawful uses of that information that are compatible with the context in which you provided it.

9)Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

1. Website: https://www.vaginawater.com/contacts/new

2. Toll-free number: [Please provide]

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must:

1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and

2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

10)Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing within the initial forty-five (45) days after receipt of the verifiable consumer request.

If you have an account with us, our written response to your verifiable consumer request will be delivered through such account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. For data portability requests, we will select a format that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Any disclosures we provide pursuant to a verifiable consumer request will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. If applicable, our response will also explain the reasons we cannot comply with your request.

We do not charge a fee to process or respond to your verifiable consumer request, unless such request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for such decision and provide you with a cost estimate before completing your request.

11) Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

1. Deny you goods or services;

2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

3. Provide you a different level or quality of goods or services; or

4. Suggest that you may receive a different price or rate for goods or https://www.vaginawater.com/homes/cookies_policy services or a different level or quality of goods or services.

12) Other California Privacy Rights

Pursuant to California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or by telephone at (800) 952-5210 ; or by email to dca@dca.ca.gov For more information about protecting your privacy, you may wish to visit: www.ftc.gov.

You may request that we not share your information with certain affiliates or third party providers for direct marketing purposes, and/or you may inquire as to how we have shared your information with third parties providers for direct marketing purposes. In connection with such request, we will identify the types of information shared and provide you with the names and addresses of the third parties with whom the information was shared.

If you would like to receive any such information, please contact us at [email]. Any such request must include “California Shine the Light Request” in the subject line and include your name, street address, city, state and ZIP code. We will respond to your request within thirty (30) days of receipt of the same, and our response will cover any information shared with third parties for direct marketing purposes during the preceding twelve (12) months. Please note that we are only required to respond to one request per customer each calendar year.

13) Changes to Our CCPA Privacy Notice

VaginaWATER reserves the right to amend this privacy notice at its discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date.

14) Contact Information

If you have any questions or comments about this notice, the ways in which VaginaWATER collects and uses your information described below and in the Privacy Policy, https://www.vaginawater.com/homes/privacy_policy your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

1. Website: https://www.vaginawater.com/contacts/new

2. Toll-free number: [Please provide]

Our Website does not recognize Do Not Track signals. Some third parties may collect aggregate information about the users’ online activities over time and across websites when they use the Website. While this information does not include personally identifiable information, certain processing activities that combine aggregate information with other information in possession of such third parties could result in the identification of users.

RIGHTS OF UK AND EU RESIDENTS

Under certain circumstances, if you are an EU or UK resident you will have rights under data protection laws in relation to your personal data.

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

1. If you want us to establish the data's accuracy.

2. Where our use of the data is unlawful, but you do not want us to erase it.

3. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

4. You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the details set out in Section 1 above.

1) No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

2) What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

3) Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

CHILDREN’S RIGHTS:

We do not sell products or services for purchase by children. If you are under 18 years old, you may use the Website only under the supervision of a parent or guardian. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly collect, solicit or use personal information of children under the age of 13 provided without parental consent. Should we become aware that a user under the age of 13 has registered without verifiable parental consent, any such information will be deleted.

UPDATES TO OUR PRIVACY POLICY:

VaginaWATER may amend or update all or any portion of this Privacy Policy, at any time, without notice, in its sole discretion. Please access this section regularly to verify if any changes were made to our Privacy Policy and to review the updated Privacy Policy.

EFFECTIVE DATE:

Dated: September 12, 2024.