Legal Policies

AGREEMENT

By sending in your sample or clicking on the box, you indicate that this User Agreement (“Agreement”) is a binding agreement between you, as the person who has created your user account (referred to as “you” or “your”), and Enable Biosciences, Inc (referred to as “Enable Biosciences”, “we”, “us”, or “our”) and that you have read and understood the following terms, including those in our Privacy Policy (https://www.Enable Biosciences.com/privacy-policy/), Consent for Services (https://Enable Biosciences.com/product-consent) and Terms of Use (https://Enable Biosciences.com/terms-of-use). Capitalized terms used but not defined in this Agreement have the meaning given to them in our other policies (e.g., our Terms of Use, Consent for Services, and our Privacy Policy).

PURPOSE OF THE SERVICE AND SITE

Enable Biosciences operates a service for its members who have established an account and whose account is in good standing (“Members”) to purchase or utilize laboratory and related services using at-home testing kits which they order or request online using our website (“Site”), to provide results of the tests from the biological samples collected by the registering member, and, optionally (where and when available), to purchase or request a follow up consultation with a physician (collectively, the “Services”). Members may order tests for individuals under the age of 18 (“Minors”). Minors rights are incorporated into the consent given by their legal guardian in signing up for use of the Site.

ACCESS TO THE SERVICES AND THE SITE

Subject to your compliance with the terms of this Agreement, Enable Biosciences grants you a personal, limited, terminable, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal information.

RESTRICTIONS ON USE

1. You will not, and will not attempt to:

• Modify, translate, adapt or otherwise create derivative works or improvements, of the Site or any content or source code.

• Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Site or any part thereof.

• Rent, lease, lend, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Site or any features or functionality of the Site, to any third party for any reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time.

• Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Site

• Upload or introduce any virus or malware to the Site.

• Interfere with the operation or availability of the Site, or the hardware, software and network(s) used to operate the Site.

• Sublicense or transfer any of your rights under this Agreement or otherwise use the Services for the benefit of a third party, to operate a service bureau or for resale of the Services.

• Create or access Members’ user accounts using any automated means or under false pretenses.

• Frame or mirror the Site or reformat it in any way or use deep links.

• Introduce any keystroke logging or any other monitoring code into the Site.

• Otherwise use the Services or the Site in any manner that exceeds the scope of the access right described above.

2. You may not use the Site to do any of the following:

• Harass or advocate harassment of another person or entity.

• Perform any activities that violate any state, local, federal, or international laws or regulations.

• Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity.

• Perform research studies, verify performance of samples of known analyte concentration, or any other use of our platform outside of testing of customer collected biological samples without the explicit written consent of Enable Biosciences.

• Transmit unsolicited mass mailings, or “spam;”

• Attempt to collect or use personal information about users or third parties without their consent.

• Collect or store any information about other users or members, other than in the normal course of using the Site for facilitating voluntary communication among users.

• Transmit or introduce any virus, worm, defect, Trojan horse, time bombs, date bombs, adware, spyware, or similar destructive or harmful item.

• Interfere with security-related features of the Site, including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Site or any part thereof except to the extent that such activity is expressly permitted by applicable law.

• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

3. User Accounts

• You agree to

o Provide truthful and accurate registration information as requested by us.

o Promptly inform us of any changes to your registration information, including, but not limited to, your address and email address.

o Take all reasonable precautions to safeguard access to your password and to prevent unauthorized access to or use of the Services.

o Promptly report to us any unauthorized use of your login information or the Services of which you become aware.

o Ensure that you log out from your account at the end of each session.

• You are responsible for keeping your account login credentials (username and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your information.

The Site and the Services are intended for access and use by individuals over 18 years of age. Legal guardians of Minors may access and order tests for Minors subject to the terms of this agreement, the Enable Biosciences Privacy Policies and Enable Biosciences Authorization for Release of Personal Health Information (PHI).

• You represent and warrant

o That you are at least 18 years old and reside in a state in the United States in which our Services may legally be provided, and

o You are the person whose name and other information have been provided for the Member account that you have or are creating. You agree that all samples that are sent to the lab using the test kit you receive shall be only samples from you and no other person.

4. The Services

• All Member requests for tests are reviewed by a licensed physician, nurse practitioner or physician’s assistant, collective referred to as “clinician or clinicians). Nurse practitioners and physicians’ assistants work under the supervision of a licensed physician. We have partnered with clinicians in the states where our Members reside and who are authorized by state law to review Member test requests. Test kits will only be mailed to you after your test is authorized and ordered by a licensed physician, nurse practitioner or physician’s assistant.

• Members select the desired test kit on our Site. Your desired test kit will be mailed to you after any applicable clinician review and authorization. You collect the applicable biological sample(s) and complete any required information, which may include medical information, required waivers, consents or authorizations. Failure to provide the required information or to execute the required documents may result in your sample(s) not being tested. You mail the completed test kit and biological sample(s) to our testing laboratory (“Lab”). Biological samples shall consist solely of human fluids and/or tissue samples, depending on the test purchased, that are intended to be analyzed for the individual’s sole use, and not for use by the individual for any other purpose, including but not limited to research, publications, commercial uses, or any other purpose other than to inform the purchaser’s health and/or wellness. Do not mail the test kit or sample(s) to us. The results of tests are sent to the Health Consultants who review and release the test results to us. We provide the test results to you via our Site in an easy to understand format. A Health Consultant will make reasonable efforts to contact you if your results are clinically significant or fall outside of our established normal ranges. We will also share the results with your insurance company under whose program you are accessing this testing as well as the provider that you designate at registration.

• When and where available, for an additional fee (“Consultation Fee”), you may purchase an additional, separate consultation with a clinician through our Site. When and where available, you may also purchase other goods and services from third parties which we may make available to you. We are not responsible, or liable to you or any third party, for the content of accuracy of any materials, goods, or services provided by any third parties.

• Enable Biosciences implements several safeguards to avoid technical errors, however some samples are less viable by the time they reach the lab and may fail analysis.

5. Fees and Payment.

• Where applicable and accepted, your insurance company may provide this testing to you as the Member at no cost or with an applicable co-payment

• Enable Biosciences also offers testing available for purchase by you outside of your insurance.

6. Feedback You Give Us and Content You Provide.

• By your submitting, posting, or displaying content of any kind (“User Content”), you

o Represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and other users to use and distribute your User Content as necessary to exercise the licenses granted by you in this Agreement and in the manner contemplated by us and this Agreement

o Give us, our affiliated companies, sublicensees and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Site, our blog, our related websites or by other means. You acknowledge and agree that this license includes a right for us to make such User Content available to other companies, organizations, or individuals with whom we have relationships, and to use such User Content in connection with the provision of Services, in accordance with our Privacy Policy, as well as our Authorization for Release of PHI and Consent for Services, if applicable. You acknowledge and agree that all User Content you submit to us, including, but not limited to, feedback data, such as questions, comments, suggestions and any other response is deemed to be nonconfidential. User Content does not include Protected Health Information that you may provide or submit to us when requesting tests or Services.

• You are responsible for all User Content that you post on our Site. You may not post User Content that: is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission); infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner; you know to be inaccurate; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; is off topic; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to our servers.

7. Use of Member Information: We will maintain and use your information according to our Privacy Policy, located at https://www.Enable Biosciences.com/privacy-policy/, which is incorporated by reference into this Agreement, and which may be modified from time to time in our discretion. Your continued use of the Site or the Service indicates that you accept such modifications.

8. No Medical or Health Services: You acknowledge that we are not a health advisor and we do not provide medical, health or other professional services or advice. Enable Biosciences uses its CLIA certified laboratory to process samples received. Enable Biosciences provides test results to you via our Site in an easy to understand format. You acknowledge that clinicians are not employees of Enable Biosciences and are not providing services on behalf of Enable Biosciences, but instead are independent professionals solely responsible for the services each provides to you.

9. HIPAA Acknowledgment: Our laboratory is a “covered entity” as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA”). We do serve as a Business Associate to your insurance company, which is a “covered entity” as defined by HIPAA. You understand that your clinician may be “covered entities” that are subject to the provisions of HIPAA, so your health information provided to us by our lab or your clinicians may be subject to or protected by HIPAA. You agree to provide a separate Authorization for Release of PHI available at https://www.Enable Biosciences.com/hipaa-and-telehealth-consent before accessing our Services. You authorize us to provide this Authorization to the clinicians and our laboratory and understand that the clinicians and our laboratories may require you to execute additional documents authorizing their disclosure of your information. You understand that once your information is shared, federal privacy laws may no longer protect it from further disclosure; clinicians and others you authorize will have access to your information. We will protect your information and use your information only as provided for in this Agreement, our Terms of Use, Privacy Policy, and your applicable Authorization for Release of PHI and Consent for Services.

10. Assignment and Transfer

• You shall not assign, transfer or convey this Agreement or any obligations thereunder without our prior written consent. Any assignment, transfer or conveyance by you in violation of this Agreement shall be of no power or effect.

• You agree that we may store, transmit, receive, process, and/or access your personal information, including sensitive information and information covered by the Authorization for Release of PHI, on or from our servers or those of our service providers which may be in or outside of the United States. We use a range of measures to safeguard information but these other countries may have laws that are different from those of the United States. You also consent to your personal information, including sensitive information and information covered by the Authorization for Release of PHI, being transferred in the event of a business transition such as, but not limited to, a merger, sale, asset or stock acquisition by another company, or other transaction or proceeding. In such a case, your information would be used as set out in our Privacy Policy.

11. Intellectual Property Rights

• Ownership of all intellectual property and other rights in the Site, including, but not limited to, the software, design, layout, content, links, and the like shall remain with us and our licensors, as applicable. All Site content is protected by copyright and is owned by us or used with permission. We reserve all rights not specifically granted in this Agreement.

• Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the content for our Site may be retransmitted without our express written consent.

• Enable Biosciences, our logo as well as other trademarks we use are trademarks or registered trademarks of Enable Biosciences, Inc

12. DMCA Notification

• We respect the rights of intellectual property holders. If you believe that any content on the Site violates this Agreement or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). In the case of an alleged infringement, please provide the following information:

o A description of the copyrighted work or other intellectual property that you claim has been infringed

o A description of where the material that you claim is infringing is located on the Site (including the exact URL).

o An address, a telephone number, and an e-mail address where we can contact you; A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law.

o A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf.

o Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

• We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the Enable Biosciences designated agent listed below.

Director of Communications, Enable Biosciences Clinical Reference Laboratory, 510 Myrtle Ave, Suite 101, South San Francisco, CA 94080; Email: contact@Enable Biosciences.com.

1. We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies, Terms of Use, Consent for Services or any other policy. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site more than twice.

2. Third Party Materials: The Site may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

3. Disclaimer of Warranties

• THE SITE AND SERVICES ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, 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, WE PROVIDE NO WARRANTY AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.

• WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS, AFFILIATES, OR HEALTH CONSULTANTS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SITE, OR THE INFORMATION, CONTENT INCLUDED THEREON; (II) THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS.

• 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. You agree that we assume no responsibility for any content you submit, upload, create or make available through the Site.

4. Limitation of Liability

• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES FOR:

o PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES

o ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES

o YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL

o THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES

o THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES

o DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES AND (ii) ONE HUNDRED DOLLARS (U.S.). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE 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.

• WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.

• UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SITE.

• IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL C5.ODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

5. Indemnification: You agree to indemnify, defend and hold us and our officers, directors, employees, agents, affiliates, service providers, successors and assigns harmless 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 and costs, arising from or relating to (i) your use or misuse of the Site; (ii) your breach of this Agreement; (iii) any User Content you submit, post to or transmit through the Site or the Service; or, (iv) your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.

6. Dispute Resolution: In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then all disputes shall be resolved by binding arbitration in Austin, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.

7. Governing Law: All disputes arising out of or relating to the Agreement shall be governed by California law regardless of your country of origin or where you access the Site or the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.

8. Equitable Relief: Either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

9. Miscellaneous:

• Class Action Waiver: 1. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

• Limitation of Time to File Claims: Any action, claim or dispute you have against us must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

• Notices: You agree that we may provide you with notices, including those regarding changes to this agreement, by email to the address you provided at the time of registration or as changed in your Member profile on the Site.

• Independent Contractors: The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of Enable Biosciences, any of our affiliates or service providers.

• Entire Agreement: This Agreement, including the other documents referenced and referred to herein, constitutes the entire agreement between you and us with respect to the Site and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. The headings of sections and paragraphs in this Agreement are for convenience only and shall not affect its interpretation.

INTRODUCTION

Enable Biosciences, Inc (“we”, “us” or “our”) respects your privacy and we committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). We have created this Privacy Policy to inform you of our policies regarding the collection, use and disclosure of personal information and the choices you have associated with that information.

This Privacy Policy applies to all personal information collected during any written, electronic, and oral communications or collected online or offline (collectively, the “Services”), which include:

• The website located at www.enablebiosciences.com, and all corresponding webpages and websites that link to this “Privacy Policy (the “Site”);

• Any mobile, web, console, desktop and other applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site.

• When you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this Privacy Policy.

• Via our Health Consultants and Labs.

Before using our Services, please carefully read our Terms of Use, which you can view here: https://www.enablebiosciences.com/terms-of-use/ and this Privacy Policy. By using this Site, you consent to the collection and use of the Personal Information in accordance with this Privacy Policy and our Terms of Use. If you do not feel comfortable with any part of this Policy or our Terms of Use, you should not use or access our Services.

We may modify this Privacy Policy at any time, without prior notice, and changes may apply to any Personal Information we hold about you, as well as any new Personal Information collected after the Privacy Policy is modified. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. We will provide you with advanced notice by email if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Privacy Policy. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Privacy Policy.

We also may provide additional "just-in-time" disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your personal information.

This Site is offered and available to users who are 18 years of age or older and Site services are available to individuals under the age of 18 under the direct supervision of their legal guardian. Legal guardians of individuals under 18 who elect to use our services shall always supervise Site access. Use of personal information of individuals under 18 shall be subject to this Privacy Policy agreed to by their Guardian as registered on the Site.

1. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect personal information when you use our Services. Personal information is any information that means any information that may be used to identify an individual relates to you, identifies you personally or could be used to identify you including, but not limited to: your name, mailing address, email address, telephone number, or any other information defined as “Protected Health Information” under HIPAA/HITECH laws and regulations.

The types of personal information that we may collect about you include, but are not limited to: the information you provide to us, information collected automatically about your use of our services, information from third parties, including our business partners.

Information You Voluntarily Provide to Us The personal information we collect on or through our Services may include:

• Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to or purchasing our services, posting material or requesting further services. We may also ask you for information when you report a problem with our Site.

• Records and copies of your correspondence (including email addresses), 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 our Site and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Site.

• The name and email address of individuals to whom you wish to refer our Services.

• Your search queries on the Site.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Services with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.

Information From Third Parties. When you interact with any Enable Biosciences property page or account on a social media platform, we may collect the personal information that you or the platform make available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service. The information we obtain depends on your privacy settings on the applicable social media service; we will comply with the privacy policies of the social media platform and we will only collect and store such personal information that we are permitted to collect by those social media platforms. When you access the Services through social media services or when you connect the Services to social media services, you are authorizing Enable Biosciences to collect, store, and use such information and content in accordance with this Privacy Policy.

Information Collected Automatically As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• Details of your visits to our Site, including, but not limited to, traffic data, location data, logs and other communication data and the resources that you access and use on the Site.

• Information about your computer and internet connection, including your IP address, operating system and browser type.

• Information about your preferences to make your use of the Site more productive, via the use of Cookies. For more information on Cookies, please see Section 2.

2. COOKIES AND OTHER TRACKING TECHNOLOGY

We may use cookies, embedded scripts, and other similar tracking technologies (“Tracking Technologies”) to collect additional personal information automatically as you interact with the Services and to personalize your experience with our Services. We also may use these technologies to collect information about your online activities over time and across third party websites or other online services (“behavioral tracking”).

Cookies

Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. We use first-party and third-party cookies for the following purposes: to make our Services function properly, to improve our Services, to make login to our Services easier (such as by remembering your User ID), to recognize you when you return to our Site, to track your interaction with the Services, to enhance your experience with the Services, to remember information you have already provided, to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and to provide a secure browsing experience during your use of our Services. The length of time a cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted (i.e. after you have finished browsing).

We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from Enable Biosciences. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party's website for more information on how they use cookies. The following types of cookies are used on our Services:

• Strictly Necessary Cookies. These cookies are essential because they enable you to use our Services. For example, strictly necessary cookies allow you to access secure areas on our Services. Without these cookies, some Services cannot be provided. These cookies do not gather information about you for marketing purposes. This category of cookies is essential for our Services to work and they cannot be disabled.

• Functional or Preference Cookies. We use functional cookies to remember your choices so we can tailor our Services to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Services. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Services.

• Performance or Analytic Cookies. These cookies collect passive information about how you use our Services, including webpages you visit and links you click. We use the information collected by such cookies to improve and optimize our Services. We do not use these cookies to target you with online marketing. You can disable these cookies.

• Advertising or Targeting Cookies. These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests. Our third-party advertising partners may use these cookies to build a profile of your interests and deliver relevant advertising on other sites. You may disable the use of these cookies as set forth below.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service. Presently, we use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout.

Other Tracking Technologies

We may also use Tracking Technologies to collect "clickstream" data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Services, webpages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Services for the same purposes.

Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Your Choices

Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Sites by taking the steps outlined below.

• First-Party Cookies. You can use the browser with which you are viewing this Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.

• Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to http://www.aboutads.info/choices. Once you click the link you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see http://www.aboutads.info/consumers.

• Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage. Flash cookies are not managed by the same browser settings as are used for browser cookies, but may be managed here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by adjusting your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending an email stating your request to privacy@Enable Biosciences.com. You can also opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://optout.aboutads.info/) or the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1). In addition, on your iPhone, iPad or Android, you can change your device settings to control whether you see online interest-based ads.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:

• Google Chrome

• Internet Explorer

• Mozilla Firefox

• Safari (Desktop)

• Safari (Mobile)

• Android Browser

• Opera (Desktop)

• Opera (Mobile)

Do Not Track

Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT" signals have not been adopted, our Sites do not currently process or respond to “DNT” signals.

3. HOW WE USE YOUR INFORMATION

We will only use your personal information as described in this Privacy Policy or as disclosed to you prior to such processing taking place. The purposes for which we may use your personal information include:

• Providing any services or products that you request or purchase in connection with the Services.

• Contacting you regarding the administration of any features or functions of the Services you have registered to use.

• Providing you with notices about your account, including expiration and renewal notices.

• Carrying out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• Notifying you about changes to our Site, our policies, terms or any products or services we offer or provide though it.

• Sending you informational emails.

• Responding to your questions or other requests.

• Allowing you to participate in the interactive features of the Services.

• Tailoring your experience on the Services and/or otherwise customizing what you see when you visit and use the Services.

• Saving your user account, registration and profile data or other personal information (so you do not have to re-enter it each time you visit or use the Services).

• Tracking your return visits to and use of the Services.

• For research purposes, for marketing/promotional purposes and to provide anonymous reporting for internal and external clients and business partners;

• Accumulating and reporting aggregate, statistical information in connection with the Services and user activity.

• Determining which features and services users like best to help us operate the Services, enhance and improve our services and the Services and display advertising and marketing information.

• Tailoring your experience on the Services and/or otherwise customizing what you see when you visit and use the Services.

• Keeping you secure and safe while using our Services, which requires us to process your Personal Information to combat spam, malware, malicious activities or security risks.

• Improving and enforcing our security measures.

• Maintaining legal and regulatory compliance.

• Enforcing compliance with our terms and conditions and policies.

• Protecting you, others and our business, including, without limitation, using information for fraud prevention.

• For any other purpose disclosed to you prior to you providing us your Personal Information or which are reasonably necessary to provide the Services or other related products and/or services requested.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at privacy@Enable Biosciences.com to opt out.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

4. SHARING AND DISCLOSURE OF PERSONAL INFORMATION

We may share or disclose your personal information in the following circumstances:

• Service Providers. We may employ other companies and individuals to facilitate our Services (“Service Providers”), provide the Services on our behalf, perform Service-related services or assist us in analyzing how our Services are used. The Service Providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. The Service Providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

• Within Our Corporate Organization. We may share your personal information with our subsidiaries and affiliates in order to provide you with the Services and take actions based on your request.

• Corporate Transactions. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Site users is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information.

• Third Party Advertisers. In certain circumstances we may share your personal information with 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.

• Consent. We may disclose your personal information for any purpose with your consent.

• As Required by Law. Under certain circumstances your personal information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. We may be required to disclose personal information in coordination with regulatory authorities in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or for public health purposes, including reporting HIV and other sexually transmitted disease results to state public health regulatory bodies. We will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce our Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Enable Biosciences, its employees, its users, its clients, and the public.

Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.

5. MARKETING COMMUNICATIONS

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

If you do not wish to have your email address or other contact information used by us to promote our own or third parties’ products or services, you can opt-out by sending an email stating your request to privacy@Enable Biosciences.com. You may also choose to stop receiving our promotional or marketing communications by following the “unsubscribe” instructions included in these messages. This opt out does not apply to information provided by us as a result of a product purchase, warranty registration, product service experience or other transactions.

Please note that "opt-out" and "unsubscribe" requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.

6. KEEPING YOUR PERSONAL INFORMATION ACCURATE AND DELETION

We are committed to ensuring that your personal information is kept accurate and up to date. However, it is up to you to update it with any changes. You can review and change your personal information by logging into the Site and visiting your account profile page. You may also send us an email at privacy@enablebiosciences.com to request access to, or to correct any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you no longer wish to participate in our Services, or no longer wish to have your Personal Information be processed, you may request to delete your account and the information in your account, subject to certain limitations, by emailing us at privacy@enablebiosciences.com. Once you submit your request, we will send an email to the email address linked to your account requesting that you confirm your deletion request. Once you confirm your request to delete your account and data, your account will no longer be accessible while we process your request. Once you confirm your request, this process cannot be cancelled, undone, withdrawn, or reversed. When your account is deleted, all associated personal information is deleted.

If you delete your User Content from the Site, copies of your User Content may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Content, is governed by our Visitor Terms of Use.

7. YOUR CALIFORNIA PRIVACY RIGHTS

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information. We do not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.

We generally collect the following categories of Personal Information about your when you use our Site or services:

• identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;

• protected classifications, such as gender;

• commercial information such as records of products or services purchased, obtained, or considered by you;

• health information;

• Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;

• your geolocation, to the extent you have configured your device to permit us to collect such information

• audio recordings of your voice to the extent you call us, as permitted under applicable law;

• inferences about your preferences, characteristics, behavior and attitudes.

For more information about the Personal Information we collect and how we collect it, please refer to Sections 1 and 2, above.

We collect your Personal Information for the business purposes described in Section 3, above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.

The categories of third parties with whom we may share your Personal Information are listed in Section 4, above.

Privacy Rights

If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.

• Right Against Discrimination - You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.

• Right to Know - You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties' direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.

• Right to Delete - You have the right to request us delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.

To assert your right to know or your right to delete your Personal Information, please contact according to the “Contact Information” section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

• Right to Opt-Out of Selling. As described in this Privacy Policy, in certain situations we may share your Personal Information with our partners, third parties or affiliates for our marketing or other purposes. To the extent such sharing is considered a “sale” under the CCPA, as a California resident you have the right to opt-out of such sharing. If you would like us to no longer share your Personal Information in this way, please email privacy@enablebiosciences.com. If you opt-out, we may be unable to offer you some of our Services which require sharing of Personal Information.

In addition, California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if applicable). To make such a request, please send an email or write to us (see Contact Information below).

8. DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third party payment processors, who will use appropriate security procedures.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

9. INTEGRATION OF THIRD-PARTY PLATFORMS AND SERVICES

The Services may be linked to, rely on and be integrated with websites, applications, interfaces, services and platforms operated by other companies, including Third-Party Services. The Services may also feature advertisements from these companies. We are not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third parties that are linked to, rely on and/or integrated with the Services or for the privacy practices of third party advertising companies. Once you leave this Services via a link, access a third-party service or click on an advertisement, you should check applicable privacy policies to determine, among other things, how related companies process Personal Information they may collect about you. This Privacy Policy applies solely to information collected by Enable Biosciences.

10. CONTACT INFORMATION

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: privacy@enablebiosciences.com.

Purpose

This authorization allows our partner healthcare providers and laboratory to share certain protected health information, described below, including results of test(s) you order.

BY CLICKING ON THE “I HAVE READ AND ACCEPT THE AUTHORIZATION FOR RELEASE OF PHI” BUTTON ON THE ACCOUNT CREATION PAGE ON THE WEBSITE AND/OR BY SENDING IN MY SAMPLE, I INDICATE THAT I HAVE READ THE CONTENTS OF THIS AUTHORIZATION FOR RELEASE OF PHI AND I HEREBY AUTHORIZE ALL HEALTHCARE PROVIDERS, INCLUDING THEIR PHYSICIANS, STAFF, AGENTS AND DESIGNEES (“HEALTH FACILITATORS”), AND THE TESTING LABORATORIES, INCLUDING THEIR PHYSICIANS, STAFF, AGENTS AND DESIGNEES (“LABS”) THAT PERFORM SERVICES REQUESTED BY OR CONSENTED TO BY ME, WHICH HAVE A RELATIONSHIP WITH ENABLE BIOSCIENCES, INC. (“COMPANY”), TO USE AND DISCLOSE HEALTH INFORMATION ABOUT ME IN THE MANNER AND FOR THE PURPOSES STATED BELOW.

This authorization applies to the use and disclosure of the following information about me: all information in request(s) submitted by me or for me with my consent and the laboratory test values/results/information which are the result of such request(s).

For avoidance of doubt, I specifically authorize the transfer and release of this information to, between and among myself and the following individuals/organizations and their representatives, affiliates, staff, agents, and designees: (a) Enable Biosciences, Inc; (b) your insurance company; (c) any physician that you designate; (d) Health Facilitators and Labs; and (e) other Company partners for the purposes herein and as required or permitted by law.

The information subject to this authorization may be used or disclosed for the following purposes: (a) to facilitate and execute the services requested by me or performed with my consent (including receiving, reviewing, and approving test requests and reviewing, processing, and delivering the test values/results); (b) for treatment, health care operations, and payment services; (c) to conduct statistical research studies using de-identified test results; and (d) as required or permitted under applicable state and federal laws. I may opt to not have my personal information used or disclosed for some of the purposes above. In order to opt-out, I must provide written notice to the Company as set forth below. I understand that such opt-out may affect the services I have voluntarily elected to receive.

This authorization is evidence of my informed decision to allow the release of my information to the parties referenced above. This authorization is effective immediately upon sending in my sample or clicking the button on the authorization page and will expire ten years after the date of this authorization. Upon my written request, I may inspect or copy the information that I have permitted to be used or disclosed, as permitted by law.

I understand that I have a right to receive a copy of this authorization. I have the right to refuse to agree to this authorization and understand that my refusal may affect the services provided to me. I understand that the information used or disclosed pursuant to this authorization may be subject to re-disclosure by the recipient and would then no longer be protected by federal privacy regulations.

I may revoke this authorization in writing at any time. I understand that my revocation will not affect any use or disclosure already taken in reliance upon this authorization. My written revocation must be submitted to Company using the contact information below.

To opt not to have your personal information used or disclosed for some of the purposes above, to request written inspection of the information you have permitted to be used or disclosed, or to submit a written revocation of this authorization, contact the Company at: Enable Biosciences, Inc at 510 Myrtle Ave, Suite 101, South San Francisco, CA 94080 or clinical@enablebiosciences.com

I understand that this authorization may be accepted by someone legally authorized to represent me.

NOTICE OF PRIVACY PRACTICES AND RELEASE OF MEDICAL INFORMATION

I agree to have clinician(s) contracted by Enable Biosciences Inc to contact me regarding my test order, my tests and test results. Because their practice of this activity (“Practice”) is a telehealth service, I understand that the clinicians/healthcare practitioner(s) providing services to me may use the internet or a telehealth platform which is remote from my location, to contact me.

I understand that the laws that protect privacy and the confidentiality of medical information also apply to telehealth, and that no information obtained in the course of the telehealth consultations with the Practice which identifies me will be disclosed to non-covered entities, as defined in HIPAA, without my written consent.

I acknowledge and understand that:

• This is a copy of the Practice’s “Notice of Privacy Practices”.

• This Notice of Privacy Practices is intended to provide information about how Practice and its healthcare providers and contractors may use and/or disclose protected health information about me.

• Practice may release information obtained as a result of the telehealth services to my other healthcare providers, my healthcare insurer or other payer, Enable Biosciences Inc, or as otherwise provided in this Notice of Privacy Practices.

• Practice cannot be responsible for use or re-disclosure of information by third parties.

• My personal medical information obtained through telehealth consultations may be communicated to other medical practitioners who may be located in other areas, including out of state.

• My healthcare information may be shared with other individuals for scheduling, billing, treatment or operational purposes, including sharing my information with other entities, applicable laboratories or pharmacies.

OTHER ACKNOWLEDGEMENTS

I acknowledge and understand that by agreeing to the telehealth services

• I authorize Enable Biosciences Inc and Practice to use my email address and phone number for health-related messaging purposes.

• Enable Biosciences and Practice value patient privacy and do not sell email addresses or phone numbers or use them for purposes other than those outlined herein.

• I can revoke this authorization using the Enable Biosciences Inc contact information listed above and opt-out of such messaging uses at any time after receiving the initial communication from Enable Biosciences Inc or Practice.

Neither Enable Biosciences Inc nor Practice has conditioned my treatment on the provision of these authorizations. The information provided is correct to the best of my knowledge. I will not hold Enable Biosciences Inc, Practice or its health care providers, or either of their employees responsible for any errors or omissions that I may have made in completing this form.

I have read this document carefully, and all my questions were answered to my satisfaction. I hereby consent to participate in this testing program pursuant to the terms, conditions, standards, and requirements set forth herein or as otherwise provided to me.