1. Introduction and General Background

Syqe® Medical Ltd. (“Syqe®”, “we”, “us”, “our”) is bound by the Privacy Act 1988 (Cth) (“Privacy Act”) and presents this privacy policy, as amended from time to time, (“Privacy Policy”) in order to provide individuals in Australia with information about Syqe®’s collection, use and disclosure of your Personal Information including via third parties acting on our behalf.

This Policy applies to individuals in Australia who interact with us in the following circumstances (collectively, “Services”): (i) visit and interact with our website (syqe.com or in other company domains); (ii) are the contact persons or work with us at our business partners or Distributor(s) (as defined below); (iii) contact us via our website or via SMS, email or our business WhatsApp account and by any other communication means; and/or (iv) who have purchased our products and communicate with us directly and/or whose details are shared with us by the Distributor(s).

This Privacy Policy explains how Syqe® handles and manages the Personal Information we collect about you. We may have other privacy policies or notices for specific types of Personal Information and specific categories of data subjects, available by contacting us at privacy@syqemed.com. If you use our proprietary mobile application known as “Syqe® Medical”, please refer to our App’s terms and conditions and information policy for additional information.

We strongly urge you to read this Privacy Policy and make sure that you fully understand and agree to it. If you do not agree to the terms of this Policy, whether in whole or in part, please IMMEDIATELY discontinue PROVIDING US WITH ANY OF YOUR PERSONAL INFORMATION.

Outside Australia

This Privacy Policy does not apply to persons located outside of Australia at the time when your Personal Information is collected by or on behalf of Syqe®. We have other privacy policies for other jurisdictions which are available upon request by contacting us at privacy@syqemed.com.

Where to obtain a copy of this Privacy Policy

Our Privacy Policy is available at syqe.com. Alternatively, you can contact us at privacy@syqemed.com and request a copy of this Privacy Policy.

You are not required to provide us with your Personal Information

You have no legal obligation to provide us with any Personal Information and you may choose not to do so. However, without the provision of your Personal Information as indicated in this Privacy Policy or any privacy collection notice, we will not be able to respond to your query, provide or continue providing you with our Services, or continue your relationship with us.

Means of contact that are not under our control

Please note that some of the means by which you may contact us – such as e-mail, SMS or WhatsApp messages, are used through your personal accounts operated by the companies that provide the aforementioned services. These means are not operated by us and their use is subject to the terms of use and the privacy policy of the companies that provide those services. We cannot guarantee the protection of your privacy and the security of the information transferred to us through your personal accounts. Contacting us using these means is at your sole discretion and responsibility.

Children

Our Services are directed towards and designed for use by persons aged 18 and older. We do not solicit or knowingly collect Personal Information from children under the age of 18. If these age requirements are not met, you are required to obtain the consent of the parent or legal guardian before providing us with any Personal Information.

If we nevertheless receive Personal Information from an individual who indicates that he or she (or whom we otherwise have reason to believe) is under the age of 18, without the required consent of the parent or legal guardian, you must not use (or immediately cease using) the Services.

2. Definitions

In addition to the terms defined elsewhere in this Privacy Policy:

“Data Protection Laws” means the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in the Privacy Act, as amended, replaced or superseded from time to time, applicable to Syqe® in the processing of your Personal Information.

“Distributor” means our local distributor(s) in Australia from which you have purchased Syqe®’s propriety product known as the SyqeAir Inhaler, together with all accessories (including the SyqeAir cartridge) and who is your primary contact in relation to those products.

“Personal Information” has the meaning given to that term in the Data Protection Laws.

3. Collection of your Personal Information

We collect your Personal Information when you use our Services, interact with us as described in this Privacy Policy and where you otherwise provide us with any Personal Information.

4. What Personal Information we may collect about you
   • We may collect the following Personal Information about you when you use our Services, including your:

• name;
• email address;
• address;
• telephone number;
• any other additional information you may choose to share with us (if any); and
• to the extent that the Personal Information is collected as part of a business collaboration, we will collect information about your role in the organization such as position, resume, experience and any other relevant information for the commercial

5. How we collect Personal Information about you

We collect most of your Personal Information directly from you, including information you provide to us when using our Services. We may also collect Personal Information about you from third parties such as our Distributor(s) and our business partners assisting us in delivering our Services.

6. Purposes for which we use your Personal Information
   • We use your Personal Information for the following purposes:

• to provide you with the Services;
• to provide you with assistance and technical support;
• to comply with our legal obligations;
• to operate and facilitate the use of the website;
• to contact you and provide updates to you;
• to transmit marketing and promotional communications regarding the Services;
• to improve and personalize the Services we provide to you;
• to resolve disputes;
• to support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
• o collaborate with Distributors and assist them in providing the Services; and
• otherwise as authorized or required by law.

7. Who do we share your Personal Information with?

We may share your Personal Information with certain third parties, as detailed below:

• Distributor(s). We may transfer your Personal Information to our Distributor(s) from which you have purchased Syqe®’s propriety product known as the SyqeAir Inhaler, together with all accessories (including the SyqeAir cartridge) and who is your primary contact in relation such Syqe®’s propriety product, who may cross-reference such Personal Information with other personal information which was provided by you directly to the Distributor for the purpose of treatment support. The Distributor’s use of this Personal Information and its privacy practices are subject to the Distributor’s own privacy policy, which we urge you to read.
• Compliance with Applicable Laws, Legal Orders and Authorities. We may disclose or allow government and law enforcement officials access to certain Personal Information where required or authorized by law for example in response to a subpoena, search warrant or court order (or similar requirement). Such disclosure or access may occur with or without notice to you, if we have a good faith belief that we are legally compelled to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing. We will only disclose minimal Information as required for such purposes.
• Service Providers and Business Partners. We may engage selected third party companies and individuals to perform the Services on our behalf (such as data hosting services, data analytics services, monitoring services, research and development services, and our business, legal, financial and compliance advisors) (collectively, “Service Providers”). These Service Providers shall be subject to privacy and data protection obligations.
• Business Transfer. We may share Personal Information in connection with any proposed or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Syqe® business, assets or stock (including in connection with any bankruptcy or similar proceedings).

8. Sharing your Personal Information overseas

We will share your Personal Information outside Australia to some of the recipients and for the purposes noted above, in particular:

• to Syqe® located in Israel to manage our Services and answer any queries you may have;
• Syqe®’s affiliate entities located in Israel and the European Union, including investors in, and prospective purchasers of, our business or assets; and
• Organisations that help us run our business including those located in Israel, USA, the European Union and Canada and including third party service providers such as our IT service providers.

9. How we protect your Personal Information

We take a range of reasonable physical, electronic and other security measures to protect the security, confidentiality and integrity of your Personal Information.

10. Accessing your Personal Information

You have the right to access your Personal Information that we hold and can request access to your Personal Information by contacting us at privacy@syqemed.com.

We will contact you within one month from the date of receipt of your request and provide you with the Personal Information requested unless we decide to refuse access to some or all of the Personal Information, in which case we will, where required to do so, notify you of the reasons for such refusal. We will only refuse your request to access your Personal Information in certain circumstances such as if granting access would be unlawful, would pose a serious threat to the health and safety of any individual, or if there is reason to suspect unlawful activity or misconduct.

11. Updating and/or correcting your Personal Information

We take reasonable steps to ensure the accuracy of your Personal Information before we use it. To help us do this, please keep your Personal Information complete, accurate and up-to-date by contacting us at privacy@syqemed.com to update your details.

Otherwise, you may seek correction of your Personal Information by using our contact details below in the “Contact Us” section below.

There are also certain circumstances in which we are not required to correct your Personal Information – for example, where we are not satisfied that the Personal Information we have on record for you is inaccurate, out-of-date, incomplete, irrelevant or misleading.

If we refuse to give you access to or to correct your Personal Information, we will give you a notice explaining our reasons (except to the extent it would be unreasonable or unlawful for us to do so) and provide you with information on how you can complain about our refusal.

12. Proving your identity

When you ask us to exercise any of your rights under this Privacy Policy we will need to ask you to provide us certain credentials to verify your identity and better understand the nature and scope of your request.

13. Contact us

If you have any questions about this Privacy Policy, or in the event that you wish to exercise your rights with respect to your Personal Information, please contact us at:

SYQE® Medical Ltd

14 Hatchiya Street, Studio 211, Tel Aviv-Yafo, Israel 6816914

Email: privacy@syqemed.com.

We welcome your questions and suggestions about our Privacy Policy.

14. Complaints

If you have a question or complaint about how your Personal Information is being handled by us, please refer to the “Contact Us” section above. We will do our best to resolve any concern you have efficiently and fairly. If you are unhappy about something we have done – or not done – please give us the opportunity to put things right.

If you are not happy with our response to your complaint you may complain to the Office of the Australian Information Commissioner (“OAIC”).

The contact details for the OAIC are set out below.

GPO Box 5218
Sydney NSW 2001

Phone enquiries: 1300 363 992

Online enquiries: https://www.oaic.gov.au/privacy/privacy-complaints

Email: enquiries@oaic.gov.au

15. Changes to this Privacy Policy

We may, from time to time, update this Privacy Policy. Please ensure you review it periodically for changes. If any changes are significant, we will either let you know in writing or post a message to that effect on our website (https:/syqe.com/).

Your continued use of the Services after we post such notice constitutes your agreement to any such changes.