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General Terms and Conditions ("GTCs") of Ypsomed Canada Inc. ("Ypsomed", "we", "us")

A. General conditions for the use of our offers

1. General information:

a) The services provided by Ypsomed, including the Ypsomed App, Ypsomed Software and web-based version of the Ypsomed Software and the Ypsomed Upload (all components under "Ypsomed Digital") cannot assume any therapeutic function and can, in no case, replace the advice of your doctor. If you have any health problems, you should consult your doctor without fail. Only a doctor can make a diagnosis and initiate any treatment that may be necessary.

Information provided by or through Ypsomed Digital, including information provided based on health information submitted by you, is for informative purposes only and should never be relied on as medical advice.

In these GTCs "user" or "you" refers to the person using the Ypsomed Digital services.

Please note the following terms for the use of our offers and our separate Privacy Policy found at https://ypsomed-software.net/privacy. By using the information, services and programs offered on our website, the user agrees to the terms set out here.

The following terms and conditions apply to the use of the Ypsomed Digital and all other online offers on Ypsomed's website.

b) The Internet pages of Ypsomed are subject to regular changes and amendments, which serve to update the information provided. However, Ypsomed assumes no liability for the topicality, correctness, completeness and availability of the information presented. Users can inform themselves about the status of the information and data under http://ypsomed-software.net. The information and data presented here serve the user solely for information purposes and for personal use. Ypsomed Is never liable for direct or indirect financial losses, including lost profits, from the use of the information offered on these pages except in the case of intentional or grossly negligent conduct, as well as in cases of mandatory statutory regulations. Ypsomed does not systematically monitor content available through hyperlinks to external websites and is never responsible for such content.

Ypsomed has no influence on the current and future design, content or authorship of the linked pages. Its expressly dissociates itself from the content of all linked pages. This statement applies to all links and references within Ypsomed own Internet offer.

The content of this website is protected by copyright. The storage of the content is permitted only for private purposes. Any commercial use for further publication or free distribution may only be carried out with the prior written approval of Ypsomed. All information is subject to being updated. Users are obliged to pay attention to compliance with the legal requirements. Ypsomed expressly reserves the right to delete unlawful, offensive and irrelevant contents. Should you nevertheless notice any content that you consider to be offensive, unlawful or irrelevant, we kindly ask you to notify us accordingly.

d) Ypsomed does not guarantee that the contents meet the expectations of the user or that he/she will achieve a specific goal with the contents. Ypsomed does not guarantee that the portal will be available to the user at certain times. In particular, we thus assume no liability in the event of any disruptions, interruptions or any failure of the portal. We hereby point out that we do not adopt the contents of the microsites as well as the banners and other advertising spaces as our own, and we accept no responsibility for them.

e) If you have any questions, comments or suggestions regarding these GTCs or the Internet offer of Ypsomed, please contact us by e-mail at info@ypsomed.ca

2. Data protection

Ypsomed takes the issue of data protection seriously and designs its offer such a way that it satisfies the statutory data protection provisions. Details of our Privacy Policy can be found at https://ypsomed-software.net/privacy, which supplement the GTCs of Ypsomed. By accepting these GTCs, you agree to the collection, use, processing and disclosure of personal information in accordance with our Privacy Policy.

3. Intellectual property

All copyrights, trademarks and any other intellectual property relating to materials or the content of our services belong, without limitation, to Ypsomed or our (licensing) partners. You may not copy, reproduce, transmit, distribute, modify or make commercially viable these materials or content without the written permission of Ypsomed or our (licensing) partners.

By submitting materials or data to our services, you grant us and our (licensing) partners, as the case may be, are entitled to the non-exclusive usage rights, which are permanently exempt from fees, within our services and otherwise. The right of use also includes the copying, distribution, sending, transmission, adaptation and editing of the material.

4. Illegal use of the contents

It is prohibited to use the data contained in the offer of Ypsomed for marketing purposes. This includes the automatic and manual readout of the data contained, in particular data of Ypsomed as well as any published data of third parties, as well as links to their Internet offers and e-mail addresses, names and other data. Any violations will be prosecuted in accordance with the statutory provisions.

B. Access and use of the services of Ypsomed Digital

1. General information

a) An Internet connect is required to use some features of the Ypsomed Digital. The user is solely responsible for the use of the necessary hardware. Any connection or transmission costs resulting from its use are to be borne by the user. For the use of the Ypsomed mobile App, a mobile device that meets certain system requirements is also required. Ypsomed is not responsible for ensuring compliance with the system requirements. This is the sole responsibility of the user.

The user is solely responsible for the accuracy of the login information and the information transmitted to Ypsomed as part of the registration process.

Likewise, the user is responsible for maintaining the confidentiality of his/her access data including the password. It is not permitted to transmit or make accessible to third parties the login data or the password. If access to the Ypsomed app requires the registration of the user, the user is responsible for ensuring that his/her password is not accessible to third parties. The user assumes responsibility for all actions that are carried out using his/her access data.

Moreover, the user is required to immediately inform Ypsomed in the event of any unauthorised use of login and the password or in the event of any irregularities affecting security.

No harassing, libellous, racist, discriminating, violent, obscene, pornographic or threatening content or any other unlawful content may be transmitted through the services of Ypsomed Digital.

Furthermore, the Ypsomed Digital and all the services of Ypsomed may not be used in a manner that can lead to cancellation, damage or reduced performance and violates the rights of third parties. They also include the right to intellectual property, the right to confidentiality and data protection provisions.

Advisory services such as the hotline of Ypsomed or the central telephone number are offers which can be reached by means of the contact details listed. The advisory service cannot replace individual diagnoses, treatments, or treatment recommendations, but can only provide general and abstract health information that does not relate to any particular patient. The users of the advisory service should consult their doctor regarding their individual diagnosis and treatment and to coordinate all measures related to their health with this doctor.

Ypsomed reserves the right to store the information regarding the calls in the form of call notes. Calls of a fraudulent nature, calls made with bad intent or with the intention of committing fraud may have legal consequences.

b) Ypsomed provides all its services in connection with the service of Ypsomed Digital to users, doctors, patients or persons of trust (hereinafter referred to as "Customer") solely on the basis of these GTCs. Other terms and conditions apply only insofar as this has been confirmed individually by Ypsomed. Ypsomed is entitled to amend or supplement these GTCs after giving a reasonable period of notice. The announcement will be made by e-mail by sending the changed GTCs or by e-mail with a reference to the chance to view the changed GTCs on the Internet on the web pages of Ypsomed at https://ypsomed-software.net/terms. If the Customer does not object to the amended or supplemented conditions within six weeks of their publication on the Internet, the amended or supplemented terms shall become effective. If the Customer objects within the time period, both parties are entitled to terminate the contract at the time when the amended or supplemented GTCs enter into force.

2. Type and execution of services by Ypsomed

a) The performance of Ypsomed includes the provision of the Ypsomed Digital products, the provision of the Ypsomed App, an online data management system and diabetic diary for the customers, by means of which patients' diabetes values (e.g. blood glucose levels, blood pressure readings or insulin pump readings) can be recorded, managed and viewed from any location.

b) With the provision of the Ypsomed Digital products, Ypsomed does not undertake any medical work, does not give any therapeutic advice and does not provide services that can or should replace the tasks performed by a doctor.

c) The activation of access to the Ypsomed Software online version shall take place after the contract has been concluded with the Customer.

d) Insofar as Ypsomed provides voluntary services and performances beyond the contractual services specified in clause 2a), it may change or discontinue these services at its discretion or continue to offer services that have until now been free of charge for a fee in the future.

3. Server availability, security

a) Ypsomed is not responsible for server failures due to force majeure and events beyond the control of Ypsomed, which make its services considerably more difficult or impossible to provide � in particular strikes, lock-outs, official directives, disturbances in the area of telecommunications services or on the Internet, excessive use by other users, attacks by hackers and/or "spammers", etc..

If the impediment exceeds an insignificant period of time and if the Customer is thus unable to continue the contract until the next termination date, he/she has the right to terminate the contract extraordinarily and without giving notice. Termination must be preceded by a threat of termination by setting an appropriate deadline for the removal of the ground for termination. The Customer is not entitled to any further rights, except in the case of intent, gross negligence or the violation of an essential contractual obligation of Ypsomed.

b) The data available in Ypsomed Software online version can only be retrieved by using the user ID and password (access data). The Customer undertakes to keep these access data strictly confidential and to inform Ypsomed at once as soon as he/she becomes aware that the access data are wholly or partially known to third parties. Customers are solely liable for any unauthorized access and use of the Ypsomed Digital products or the data stored on the Ypsomed Digital products as the result of failure by such Customer to secure access data to the Ypsomed Digital products. Any reasonable costs resulting from this are to be borne by the Customer.

c) Ypsomed herby expressly points out that protection for data transmissions in open networks, such as the Internet, cannot be comprehensively guaranteed in accordance with the current state of the art. Ypsomed has secured its servers against unauthorised access using proven and customary systems. Any liability of Ypsomed for any interference in the data stored, which takes place despite the functionality of the system backups provided by Ypsomed, is excluded.

d) Ypsomed Digital shall not be used as primary storage for data. Any data uploaded to the Ypsomed Digital products shall be kept separately by the Customer. The Customer is obliged to carry out a data backup on his/her own storage media (hard disk, USB stick or similar) in the event of any changes to the data stock. In particular, the health-relevant data entered into "Ypsomed Software Online Version" must also be secured on the Customer's own storage media. The Customer is required, within the limits of his/her knowledge and abilities, to test Ypsomed Digital products before using it in order to check that it is free of defects and that it can be used in the specific situation before commencing with the operational use of the program. This also applies to programs that the Customer receives from Ypsomed. The Customer is hereby expressly advised that even minor changes to the software can affect the operability and usability of the entire system.

e) Ypsomed does not guarantee that the Ypsomed App or the contents conveyed thereon are compatible with the hardware and software of the Customer's mobile device.

4. Contract conclusion, contract termination

a) The contract with Ypsomed is concluded by the completion and submission of the online form at https://ypsomed-software.net/register by the Customer upon its receipt by Ypsomed.

b) The contract is concluded for an indefinite period of time. The contractual relationship can be terminated by both parties without giving any reasons and with a notice period of 30 days.

c) Each party may terminate the contract immediately without prior notice in case of material breach of the contract by the other party.

d) Each termination must be in writing for it to be effective; this is also ensured by sending an e-mail.

e) Ypsomed reserves the right to verify the credentials of any person registering as a doctor before providing services.

5. Liability, Warranty, Indemnification

Insofar as these GTCs do not contain any special provisions, the liability of Ypsomed is regulated as follows:

a) Ypsomed shall not be liable for any damage resulting from errors, delays or interruptions in transmission, faults in the technical equipment, incomplete data, viruses or from any other way when the Ypsomed Digital products are used, unless such damage is a result of intentional misconduct and gross negligence.

b) Ypsomed shall only be liable for damage if the damage is due to the gross negligence or intent of Ypsomed or one of its employees.

c) The liability of Ypsomed is, in the cases of section 5 b) above, is limited to the damage suffered by the Customer, which was reasonably foreseeable for Ypsomed upon conclusion of the contract.

d) Ypsomed shall never by liable for indirect or consequential damage including loss of profits, loss of an opportunity, loss of data, punitive damages, that may be suffered by the Customer as a result of the use of the Ypsomed Digital products.

The limitations on the liability of Ypsomed do not apply to bodily harm caused as a direct result of a fault by Ypsomed.

Warranty

To the fullest extent permitted by applicable law, Ypsomed Software is provided "as is" without any warranty, whether express or implied.

Indemnification

The Customer agrees to indemnify, defend and hold harmless Ypsomed, its affiliates, directors, officers, shareholders, employees, mandataries and licensors with regards to any claim, loss, damage, responsibility, fees and penalty, including reasonable legal fees and disbursements, arising from (i) Customer access or connection to the Ypsomed Digital products, (ii) Customer's use of the Ypsomed Digital product or the services offered thereby, (iii) any use by Ypsomed of content or data provided by the Customer, or (iv) any alleged violation of these GTCs by Customer.

6. Remuneration

a) If a fee is agreed, it will fall due 14 days after the invoice has been issued. Ypsomed may, in the event of a delay in payment, postpone any further processing of the current order at its discretion until payment has been made or demand payments in advance.

b) Unless otherwise agreed, the respective price list of Ypsomed shall apply; it can be accessed via https://ypsomed-software.net/tariff.

9. Final provisions

a) Oral subsidiary agreements do not exist at the time the contract was concluded.

b) This agreement shall be governed by the laws applicable in the Province of Quebec and the laws of Canada applicable therein. Except to the extent that such election is prohibited by law, the parties hereby agree that, any dispute with respect to the interpretation or execution of this agreement shall be exclusively submitted to the courts of the Province of Quebec, sitting in the judicial district of Montreal, thereby excluding any other district of forum.

Last update: May 2019

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Privacy Policy

Ypsomed takes the issue of Personal Data protection very seriously. We organise our data processing in line with the objective of collecting, processing or using only the personal data that is required for the reasonable and economic use of our services.

In what follows, you will find out when data is collected during your use of the Ypsomed� mobile application and web-based apps, including the mylife app (collectively "Ypsomed Software") and how we use this data. We have taken organisational measures to ensure compliance with laws and regulations protecting the privacy of individuals and applicable in Canada ("Privacy Laws").

By clicking on the appropriate box after reading this Privacy Policy, you agree to the collection, use, processing and disclosure of your Personal Data (as defined below) in accordance with this Privacy Policy which shall be deemed part of the terms of use for any service or software provided by Ypsomed.

If you do not agree with any aspect of this Privacy Policy, you may not use the services or software provided by Ypsomed.

Scope of application

In these Data Protection Regulations, the words "we", "our", "us" refer to:

�� Ypsomed Canada Inc., 647-1 av. Holiday, Pointe-Claire, QC H9R 5N3 Canada

(hereinafter "Ypsomed")

Personal Data

Ypsomed collects, processes and uses your Personal Data in compliance with this Privacy Policy and Privacy Laws. The term "Personal Data" refers to information about an indentifiable individual.

Our online offer can be used to a certain extent without the disclosure of your identity. In the event of your participation in one of our personalised services, you will be asked separately for the data required for us to provide the services. You can freely choose whether you wish to participate in these services and provide Personal Data accordingly.

Type and extent of data collected and their use

a) When registering in order to download Ypsomed Software, you must provide Personal Data. A more detailed description of the Personal Data we collect in this way can be found below.

Surname, first name, gender, country of origin, e-mail address, date of birth, optionally also: telephone number, fax number

These data are collected and used only for the purpose of carrying out the resulting contractual relationship and to the extent required to execute the contract between you and Ypsomed. The data can also be used to process your inquiries.

When you access our website, data that may allow identification (e.g. IP address, date, time, and pages viewed) are collected. Data allowing the identification of individuals is stored for backup purposes only and is not used unless required to assess Ypsomed's rights. These data are not use otherwise than in aggregated form which does not allow the identification of individual users.

b) Ypsomed Software allows you to provide health information. If you choose to provide Personal Data related to your health, a more detailed description of the health related Personal Data collected in this way can be found below:

Device data: blood glucose levels, insulin levels, alarms and indications of connected devices, device status information

Therapy data: blood sugar levels, insulin doses, carbohydrate intake, physical activity, physiological condition, weight, height

Health related Personal Data is used by Ypsomed solely to provide services through the Ypsomed Software and for no other purpose.

c) In order to evaluate and continuously improve the quality of our Internet offer, we undertake statistical evaluations of the visits to our pages. This is done in part by using counting graphics in our website. However, the data acquired in this way are strictly anonymised and do not allow any conclusions to be drawn regarding the Personal Data of the user or the identity of the user. Your data will never be used to create user profiles of any kind.

The aggregated data collected will be used for the following purposes:

- The provision, maintenance, improvement and development of relevant functions, content and services;

- The detection of and defence against fraudulent, abusive and prohibited activities as well as the protection and security of our services.

Log files

With every page you view, access data is stored in a log file. The data set saved contains the following data:

� Your IP address,

� the remote host (the name and IP address of the computer requesting the page),

� the time, status, volume of data transferred and the website from which you came to the requested page (referrer), as well as

� the product and version information of the browser used (user agent).

Ypsomed uses the standardised log file format of the web server for this purpose. Ypsomed uses the log data (logs) in an anonymised form, i.e. without assignment or references to your person, for statistical analysis. Ypsomed may thus, for example, find out on which days and at which times the offers of mylife online version are particularly popular and what data volume is generated on the Ypsomed websites. Moreover, Ypsomed may recognise possible errors thanks to the log files, e.g. faulty links or bugs, and thus use the log files to further develop the mylife online version websites. Ypsomed does not associate the page views and uses stored in the server log with individuals. Ypsomed reserves the right, however, to subsequently check the log files via the last known IP address of such users who, on the basis of certain facts, are suspected of using the mylife online version of websites and/or the mylife services illegally or contrary to applicable terms and conditions. This serves the protection of mylife members, the security of Ypsomed member data, as well as the Ypsomed websites and mylife services.

You can prevent the installation of cookies by setting your browser appropriately. When a corresponding browser setting is used, cookies will not be saved. This may mean, however, that not all features of the Ypsomed Software online version can be used.

Use of cookies

After you have logged in (with your user name and password), the services of Ypsomed Software online version use� cookies, with which you can be identified during the duration of your visit. A cookie is stored on your computer. After the end of the session, the cookie expires automatically. You can save this cookie permanently so that you can log in automatically by using the "Automatically log in to this computer" feature. The cookie will then contain parts of your log-in details in encrypted form. However, the automatic log-in to two (2) different computers is not possible in this case.

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Invitations to the Ypsomed Software online version

You can use the Ypsomed Software to invite other people to join and view your online data. When you provide data about another individual to invite them to join, this data will be used exclusively for the invitation and not for other purposes. If you invite other people to view your online data we will disclose your Personal Data accordingly. We are not responsible for any action undertaken by such other people with your Personal Data.

Confidentiality

Personal Data collected by Ypsomed is confidential. Access to Personal Data is strictly limited to employees and officers of Ypsomed, on a need-to-know basis. We may also provide Personal Data to subcontractors helping us provide our services. Employees and subcontractor accessing Personal Data are informed of the confidential nature of Personal Data, are aware of this Privacy Policy and are bound by obligations of confidentiality.

Protection and storage of Personal Data

If you choose to upload your Personal Data to the cloud, Ypsomed uses Microsoft's cloud services (Microsoft Azure) with regard to the therapy and device data, including health related Personal Data, collected through the Ypsomed Software. These data are stored on servers located in Canada.

We retain your data only for as long as is required for the purposes set forth in this Privacy Policy or for the period of time in which your account is active with Ypsomed and it is necessary to do so in order to provide you with services. If you no longer wish that Ypsomed uses your data to provide the services to you, you can close your account and Ypsomed will delete the stored data insofar as Ypsomed is not obliged to keep your data for compliance with legal obligations, for settling disputes or as otherwise required by applicable law.

If we have not had any relevant contact with you for two years, we will erase your Personal Data from our systems unless we believe in good faith that we are required by law or otherwise to keep them (e.g. an enquiry in connection with a probable lawsuit).

Personal Data is stored on physical equipment operate by our service provider, on which we rely in part to ensure the security of Personal Data. Ypsomed and Microsoft have secured their servers against unauthorised access using proven and customary systems.

We expressly point out that the protection of data transfers in open networks, such as the Internet, cannot be fully guaranteed. No security measure can absolutely protect data stored on remote servers from unathorized access.

Security Breach

In the event of an unauthorized access to Personal Data, we will notify the competent authorities and affected individuals as required by Privacy Laws.

Transfer of Personal Data to other third parties

Other than as specifically authorized by you, we do not share personal information with third parties other than Microsoft (if you choose to upload your Personal Data to the cloud), for storage purposes. In particular, there is no disclosure of Personal Data to third parties for advertising purposes.

Only anonymised data can be passed on to other third parties for evaluation purposes. Anonymization is a process in which personal data is modified in such a way that the details of personal or factual circumstances can no longer � or only with a disproportionate amount of time, costs and labour � be assigned to a particular or identifiable natural person.

If, however, you use further personalised services of our offer, the collection of personalised data and their transfer to third parties may be required for the purpose of carrying out and processing the service. However, these data are only stored or transmitted to the extent required for order processing. In order to do so, when you fill in the respective form, the submission of an explicit declaration of consent is required.

Insofar as we are or will be required to do so by law or by court order, we will forward data, to the extent authorised by law, to the respective authorities entitled to receive information.

Ypsomed Software online version � Information regarding the exchange of data with other persons

Users can use the online version of Ypsomed Software to exchange data with persons authorised to receive it (e.g. doctor, person of trust authorized by the user). Please note that the linking of Personal Data with the health data must be technically possible in order to allow your doctor to assign the data to the patient.

However, Ypsomed will not associate Personal Data with health data in such a way that people other than the authorised physician can assign health data to certain persons. In no case will personal or health data be passed on to other third parties other than your authorised doctor or other third parties authorised by you to retrieve the data. Access to data contained in Ypsomed Software online version is only possible after the user ID and password have been entered. Doctors and persons of trust shall only gain access to the data after you have authorised such person to gain access, such person has logged in and such person has confirmed his/her registration when logging on. Doctors and persons of trust may use the Ypsomed Software to exchange data with patients who have authorised them to access the patient data. You can revoke the authorisation of the doctor or person of trust at any time through the Ypsomed Software or by contacting us. After revocation, access to Personal Data will no longer be possible. When you authorize a third-party (such as you doctor or person of trust) to access Personal Data, we are not responsible for any action undertaken by such third-party with respect to your Personal Data, either before or after you revoke such authorization. Ypsomed shall only be responsible to stop disclosing Personal Data with a third-party after you revoke your authorization.

Right of revocation, right to disclosure, deletion and data portability

You have the right to revoke your consent to the collection, processing and use of your Personal Data at any time, without stating reasons and with effect for the future. You can exercise this right by simply calling Ypsomed or sending the revocation to us, e.g. in writing or by e-mail at info@ypsomed.ca.

You are entitled, at any time, to access the Personal Data stored concerning you.

You can also request, at any time, the correction or erroneous Personal Data by Ypsomed .

To exercise your rights with respect to your Personal Data, contact us by email at info@ypsomed.ca. We will respond to request for access or correction of Personal Data within a reasonable delay, in most case within a maximum of 30 days.

Individuals under 18 years of age

Participation in Ypsomed services is reserved exclusively for adults or minors authorized by their parents or legal guardians. Parents or guardians are responsible for protecting the privacy of their children.

Persons under the age of 18 should not submit any Personal Data to us without the consent of their parents or guardians. We do not knowingly collect, store or disclose to any third party personal information collected from minors unless authorized by their parent or legal guardian.

Complaints and Questions

If you have complaints or question regarding your Personal Data, you may contact us as set forth below:

Mark Alexander Mailloux

markalexander.mailloux@ypsomed.com

647-1 av. Holiday
Pointe-Claire QC
H9R 5N3 Canada

Modifications to the Policy

This Privacy Policy may evolve over time to reflect changes in our data processing practises. We will notify you of any change to our Privacy Policy before the coming into force of the modified Policy Policy. If you do not agree with the modified Privacy Policy, you will be afforded an opportunity to strop providing your Personal Data to Ypsomed.

�Last update: May, 2019

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