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Privacy Policy

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Privacy Policy

PRIVACY POLICY

Last Revised: January 7, 2021

1. Overview

As a user of our websites, Transnetyx and its subsidiaries have developed this Privacy Policy to inform you how we collect data and use the data we collect. Transnetyx.com (this “Site”) and the Transnetyx mobile phone application (the “App”) are owned and operated by YX Genomics Holding Corporation (“Transnetyx,” “we,” “us,” or “our”). This Privacy Policy is intended to tell users (“user(s),” “you,” or “your”) about Transnetyx’s and its subsidiaries’ collection, use, and dissemination practices regarding information that you provide to Transnetyx through this Site and the App.

The Site provides an opportunity for Transnetyx’s customers, investors, prospective employees, and other adults to learn more about Transnetyx. The Site and the App are particularly geared to our customer base — biotechnology researchers and life scientists — and to providing them with content and services geared to their industry, to the role they play in their organizations, and to helping them accomplish biological procedures faster, more reliably, and in a cost-efficient manner.

Please read this Privacy Policy carefully. If you do not agree to be bound by this Privacy Policy, then do not access, or use the Site, the App, or the services offered therein (the “Services”). By accessing and/or using the Site, you accept and agree to be bound by this Privacy Policy, our Terms of Use, and the Mobile Application End User License Agreement, which are hereby incorporated by reference.

2. Information we may collect from you and how we collect it

This Site and the App collect various non-personally identifiable information from you in the course of your navigation of the Site and/or use of the App, such as the URL of the site you just came from, the browser version you use, date/time, size of data transferred, pages you visit, and other “clickstream” data (collectively, “Non-Personal Data”). Transnetyx also uses “cookies” to enhance your site visit. A “cookie” is information either temporarily or permanently stored in a file on your computer. You can set your browser to reject cookies, but that may limit your use of some convenience features at this Site. For more information on cookies and how this Site uses cookies, please see our Cookie Notification

When you use our Services, you provide contact information (e.g., your name, your organization, your address, your phone number, your credit card information, your email address, your Internet Protocol (IP) address, IP ports, and so on) (collectively, “Personal Data”). On this Site, for example, we may collect and retain contact and other Personal Data from you in a number of ways, such as when you place an order, request email updates or other information, complete customer surveys, or submit a feedback or contact form. When you contact us by phone, e-mail, or postal mail, we may also receive and process your personal data.

Credit card and other payment information may be collected over the telephone when you call Transnetyx regarding an order and to process a payment. We also collect Personal Data for you when you utilize the Services provided through our TAGCenter kiosks or if you provide Personal Data to us at a tradeshow or marketing event, such as one of our in-person demonstrations.

3. How we use information about you

Transnetyx uses information collected by clickstream data collection and cookies to store your preferences, improve website navigation, make personalized features and other services available to you, compile and analyze aggregate statistics and trends, and otherwise help administer and improve the Site. Where you provide registration information, cookies can also be used to identify you when you log onto the Site or portions of the Site.

3.1 Exceptions

Except as otherwise stated, Transnetyx may use information it collects from you for the legitimate business purpose of providing our Services to you, including, but not limited to:

• to respond to your requests

• to improve the content and Services that Transnetyx provides

• to customize this Site and/or the App to your preferences

• to establish accounts to use the Services

• to communicate information to you (where you have not expressed a preference otherwise)

• to check on your account status

• to notify you of any changes to relevant agreements or policies

• for research analysis

• to work with our service providers who perform certain business functions or services on our behalf and who are bound by contractual obligations consistent with this Privacy Policy

• to prevent or investigate fraud (or for risk management purposes), or to comply with a legal obligation, court order, or in order to exercise our legal claims or to defend against legal claims

• to conduct aggregate analysis and develop business intelligence that helps us to enhance, operate, protect, make informed decisions and report on the performances of our Services

• to describe our Services to current and prospective business partners and to other third parties for other lawful purpose

• and for other purposes identified to you and as requested by you (please note that you have the right to withdraw your consent to such use at any time by contacting us via the contact information below)

3.2 Consent

If we have obtained your consent, we may also use your information:

• to send you email and postal mail supplying customers with the most recent service information or to send you information about your order (e.g., order confirmations, shipment notifications, etc.)

• to send e-mail and postal mail to provide you with updates and news regarding Transnetyx and our industry

• to send confirmations and event notifications

3.3 Sharing Personal Data with third parties

Transnetyx will not share any Personal Data it collects with any third party or outside mailing list, other than in the following circumstances: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy and/or the Terms of Use, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) to protect the rights, property, or personal safety of Transnetyx, its users, or the general public; (f) by virtue of undergoing any change in control, including in connection with corporate restructuring, sale or assignment of assets, merger, divestiture, and other changes of control or financial status, in which case we will require the recipient to use such information in accordance with this Privacy Policy; (g) to Transnetyx’s affiliates, successors, and agents/representatives (for example, consultants), which are required to treat the information in accordance with this Privacy Policy; or (h) pursuant to your explicit approval prior to the disclosure.

3.4 Third-Party Service Providers

We use third-party service providers to help us operate this Site and the App, who may collect, store, and/or process the information detailed herein. Transnetyx uses commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing, and use of Non-Personal Data and Personal Data. Some of these providers include but are not limited to:

Google Analytics. We have enabled Google Analytics to collect data about our traffic using Google advertisements and other anonymous identifiers. We use Google Analytics cookies and other cookies to compile data to better understand users and provide users with a more tailored experience. You can opt out of Google Analytics by visiting Google’s Opt-Out Browser Add-on website here, https://tools.google.com/dlpage/gaoptout/.

NetSuite. We use NetSuite’s business management software for data processing and storage, to keep track of financials, and to maintain customer relationship management (CRM) systems. You can review NetSuite’s Privacy Policy here: http://www.netsuite.com/portal/privacy.shtml.

LiveChat. LiveChat is our Site’s customer service software the provides live support, help desk software, and web analytics. LiveChat’s Privacy Policy can be found here: https://www.livechatinc.com/privacy-policy/.

Tableau. We utilize Tableau to auto produce interactive data visualization products. Tableau’s mapping functionality allows us to automatically map administrative locations (i.e., country, zip code, etc.). You can find Tableau’s Privacy Policy here: https://www.tableau.com/privacy.

Salesforce. Salesforce is Transnetyx’s customer relations management (CRM) system provider and we also use Salesforce’s services to manage many aspects of our App. You can find Salesforce’s privacy policy here: https://www.salesforce.com/company/privacy/.

Media Temple. Media Temple is our website hosting service. Media Temple’s Privacy Policy can be accessed here: https://mediatemple.net/legal/privacy-policy/.

HubSpot. HubSpot is our marketing software that we utilize for our email automation, marketing tools, and analytics. You can find HubSpot’s privacy policy here: https://legal.hubspot.com/privacy-policy

Other Third-Party Services. In addition to the applications listed above, we use other third-party services to obtain, track, and store user information. By way of example, we use a Customer Relations Management (CRM) software to manage customer data and information. We also use a third-party software to collect information from your browser and computer device in order to capture and analyze user behavior on our Site. The software allows us to track and monitor such actions as clicks, taps, and scrolling behavior. From time to time, we will use additional content or applications on this Site that is served by third parties, including advertisers, ad networks and servers, social media websites, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other Internet tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. We do not control these third parties’ tracking technologies or how they may be used. You can learn more about opting out of third-party vendors’ use(s) of cookies by visiting the “Network Advertising Initiative” website

3.5 How Personal Data is protected

Transnetyx takes measures online and offline to safeguard the Personal Data that you provide to us. Your data is protected once it reaches our network using secure multi-tiered firewalls. Portions of your data may also be encrypted on our storage server for additional security.

Nonetheless, it is common knowledge that transmission of information via the internet is not wholly secure, and we cannot guarantee the security of your Personal Data transmitted to or through this Site, our App, or any of our Services. Any transmission of Personal Data is at your own risk. By using our Site, App, and Services, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of the Site and/or the App. Any transmission of information is at your own risk. By using our Site, App, and Services, you acknowledge and accept these risks.

Please notify us immediately at geneticservices@transnetyx.com if you become aware of any unauthorized use of your password or account or any other breach of Service security or of this Policy. If our security system is breached, we will notify you of the breach only if and to the extent required under applicable law.

4.0 Your rights to your Personal Data

You expressly agree BY THE USE OF THIS WEBSITE that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or Your use of the Site shall be filed only in the state or federal courts located in Tennessee (and/or other US territories) In certain jurisdictions you may have the following rights and options regarding accessing, reviewing, correcting, and updating your Personal Data, as well as how we use and disclose your Personal Data:

• Right to Access. We respect your right to access and control your information, and we will respond to requests for information and, where applicable, will correct, amend, or delete your Personal Data.

• How to Access Your Personally Identifiable Information. You may choose to access or update your Personal Data as it exists in our records, by logging into the account you have created for yourself in Services account, if applicable.

Access to Personal Data. You may choose to access your Personal Data by contacting us and requesting access, a process which shall include our identity verification procedures. Before providing data to you, we will ask for proof of identity and sufficient information about your interaction with us so that we can locate any relevant data. We may also charge you a fee for providing you with a copy of your data (except where this is not permissible under local law).

Updating Communications Preferences (Opt-Out) and Unsubscribing. You may choose to receive promotional offers, newsletters, and similar communications from us regarding products and services of Transnetyx and our affiliated organizations. You may opt out of receiving such communications from us by communicating your preferences to us at geneticservices@transnetyx.com, or in the case of emails, by following the unsubscribe instructions contained in the applicable email.

Right to Rectify — Correction and Deletion. In some jurisdictions, you have the right to correct or amend your Personal Data if it is inaccurate or requires updating. You may also have the right to request deletion of your Personal Data; however, this is not always possible due to legal requirements and other obligations and factors. Remember that you can update your account information by contacting us at geneticservices@transnetyx.com.

Right to Erasure / Be Forgotten. You may request that we delete your Personal Data in certain circumstances, such as if holding the Personal Data is no longer necessary or if part of your Right to Object (below).

Right to Object. You have the right to object to the user of Personal Data for direct marketing or sales uses.

Right to Restrict Processing. You have the right to request that we stop processing your Personal Data.

Right to Data Portability. You have the right to request that we provide your Personal Data for the purpose of sharing it with another service provider (through a secure process).

Filing a Complaint. If you are not satisfied with how we manage your Personal Data, you have the right to make a complaint to a data protection regulator. A list of National Data Protection Authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

4.1 Retention

We will retain Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy and Data Retention Policy unless a longer retention period is required or permitted by law.

4.2 Access from Outside the United States

If you are visiting the Services from outside the United States, please be aware that Personal and Non-Personal Data may be transferred to, stored in, and processed in the United States, which is our suppliers’ servers and databases are located and operated.

4.3 Contacting Us, Complaints and Dispute Resolution

In compliance with privacy standards and regulations, Transnetyx commits to resolve complaints about your privacy and our collection or use of your information. European Union and Swiss individuals with privacy inquiries or complaints should first contact us by email at privacy@transnetyx.com. We will work to resolve your issue and will respond within 45 days of receipt. If, however you believe that we have not been able to assist with your complaint or concern and you are located in the EEA, the United Kingdom, or Switzerland, you have the right to lodge a complaint with the supervisory authority.

4.4 Links to third party sites

Our Site and App may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. Such links do not constitute an endorsement by Transnetyx of those other websites, their content or services, or the persons or entities associated with those websites. This Privacy Policy does not apply to third-party websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the privacy policies and terms of all third-party websites or services that you may visit.

4.5 Applicability of the Children’s Online Privacy Protection Act

We do not sell products or services for purchase by anyone under the age of thirteen (13). In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Data from anyone under the age of thirteen (13) without verifiable parental consent. In the event that we receive actual knowledge that we have collected such Personal Data without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Site or the App.

4.6 Your California Privacy Rights

These additional rights apply to California residents.

The California Privacy act of 2018, provides additional rights to know, delete, and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise these rights.

Under Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosures, please contact us by email at privacy@transnetyx.com.

Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:

Identifiers, including name, email address, phone number account name, IP address, and an ID or other number assigned to your account

Customer records, billing and/or shipping address, and credit or debit card information

Commercial information, including purchases and service agreements

Internet activity, including your interactions with our employees

Audio or visual data, including pictures or videos you may share with our employees

Application data, including information you provide when you apply for a job with us

Inferences, including information about your interests, preferences etc.

For more information on the information that we collect, please contact us at help@transnetyx.com.

Roles

If you are an authorized user of Transnetyx’s services, you represent that you will only provide information and use our services acting in your capacity as an owner, employee, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit or other legal entity. You acknowledge that your communications and transactions with the company occur within the context of Transnetyx providing a service or products to the company, partnership, sole proprietorship, nonprofit or other legal entity that you represent.

Right to Know and Delete

Consumers who are California residents (and not representatives of business, whether those businesses are our customers or others) have the right to delete the personal information that we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

• The categories of personal information we have collected about you;

• The categories of sources from which the personal information was collected;

• The categories of personal information about you we disclosed for a business purpose or sold;

• The categories of third parties to whom the personal information was disclosed for a business purpose or sold;

• The business or commercial purpose for collecting or selling personal information; and

• The specific types of personal information we have collected about you.

To exercise any of these rights, please email us at privacy@transnetyx.com. If you are a customer or user, can contact us by phone at 888-321-2113 or email at help@transnetyx.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

If personal information about you has been processed by us as a service provider on behalf of a customer and you wish to exercise any rights you have with personal information, please inquire with our customer directly. If you wish to make your request directly to us, please provide the name of our customer on whose behalf we processed your personal information. We will refer your request to the customer and assist them to the extent that we can as required by applicable law.

Right to Opt-Out

There are not known occasions that Transnetyx sells information as defined under the California Consumer Privacy Act. However, to the extent that your information is used or “sold” as defined under the Privacy Act, you have the right to opt-out of the sale of your personal information by us. You may submit a request to opt out by emailing us at privacy@transnetyx.com or calling 888-321-2113.

Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written authorization of the agent’s permission to do so and verify your identity directly.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.

4.7 Changes to the Privacy Policy

As stated above, we will make changes to this Privacy Policy from time to time. It is our custom to provide notification on this page when we make material changes. The date that this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit our Site and this Privacy Policy to check for any changes.

4.8 Contact information

If you have any questions or comments concerning this Privacy Policy, you are most welcome to send us an email to the following address: privacy@transnetyx.com

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