[Last Updated: February 3, 2025]

 INTRODUCTION & SCOPE

This Privacy Policy (“Privacy Policy”) describes how Virility Medical Ltd. (“Company”, “we” or “our”) collects, uses, and discloses Personal Data (as defined below), in connection with:

• Visitor of our website available at https://thein2.com and other digital pages we own and operate that directs to our website, and any content, features or services included therein (“website” and “Visitors”, respectively);
• Individuals who have placed an order to purchase our in2 patch products (“Consumers” and “Product” respectively) through our website.

Visitors and Consumers shall be further referred to herein as “you” and “your”. The website and any services provided therein including order placement shall be further referred to herein as “Services”.

This Privacy Policy further explains how we safeguard your Personal Data, how such data may be used or shared with others, and how you may exercise your rights related to your Personal Data, as required under applicable data protection laws.

This Privacy Policy is an integral part of our Terms and Conditions (collectively the “Terms”). Any capitalized terms not defined herein shall have the meaning ascribed to them in the Terms and Conditions

The types of Personal Data we receive and collect depend on which Services you use and how you use them. Any Personal Data you provide is made at your free will and consent (where required under applicable data protection legislation), and you acknowledge that you are not under any statutory obligation to provide us with Personal Data. However, we must collect or receive some Personal Data to provide the Service, and if you will not provide us with such Personal Data, we will not be able to fulfill certain purposes, for example, provide certain Services - all as described under Section 4 below - “Data We Collect & Purpose of Collection and Use“ which details the purposes for which each Personal Data set is collected.

This Privacy Policy further includes or incorporates specific information required under applicable data protection laws for residents of certain jurisdictions, among others:

If you are a California resident – please review our CCPA Privacy Notice, which serves as a Notice at Collection as required under the California Privacy Rights Act (“CCPA”) and further details the categories of information collected and additional information regarding our privacy practices, including your rights.

 POLICY AMENDMENTS

We reserve the right to amend this Privacy Policy from time to time, at our sole discretion. The most recent version of this Privacy Policy will always be posted on the website and the update date will be reflected in the “Last Updated” heading. We will provide notice to you if these changes are material, and, where required by applicable law, we will obtain your consent. Any amendments to the Privacy Policy will become effective immediately, unless we notify otherwise. We recommend you review this Privacy Policy periodically to ensure that you understand our most updated privacy practices.

 CONTACT INFORMATION AND DATA CONTROLLER INFORMATION

Virility Medical Ltd, is the “data controller” (as such term is defined under privacy legislation) of the Personal Data collected by us, as detailed under this Privacy Policy.

For any question, inquiry or concern related to this Privacy Policy or the collection and use of your Personal Data, you may contact our privacy team follows:

Address: 24 Hangar St. Hod Hasharon. Israel

Email address: support@thein2.com

You may further contact us through our designated Contact Us form available HERE.

 THE DATA WE COLLECT & PURPOSE OF COLLECTION AND USE

Depending on your interaction with us and our Services, we may collect certain information related to such interaction and use, as follows:

“Non-Personal Data” – meaning, information which does not identify a specific natural person and cannot reasonably be used for such identification. Non-Personal Data includes technical information regarding your device or browser, type of operating system, scope, frequency, interactions with the website, and other technical information regarding the device used – all when collected on an aggregate basis, or otherwise not combined with any identifiers. We may further process and anonymize Personal Data in a manner that the data will be Non-Personal Data. Non-Personal Data may be used by us without limitation and for any purpose. Some of this information may be considered “de-identified” under U.S. privacy laws and when we rely on data that has been “de-identified”, we will take reasonable measures to ensure that the de-identified information cannot be associated with an individual, household, or device and not attempt to re-identify it.

“Personal Data” – meaning information that identifies an individual or may with reasonable effort or by reasonable means identify an individual. This may include online identifiers such as IP address, name, emails, etc., and other information that is associated with you. If we combine Personal Data with Non-Personal Data, we will treat the combined data as Personal Data.

Under the table below we detail the types of Personal Data we collect and how and for which purposes we use your Personal Data.

TYPES OF PERSONAL DATA	PURPOSE OF COLLECTION AND USE
Online Identifiers & Usage Data When you access our website or otherwise interact with its content and features or use our Services (including if you are our Consumer and you access and interact with your Account), certain information regarding your access and use is collected, including information that is automatically collected and generated through use of our, or our third-party service providers’ and marketing partners’, cookies and tracking technologies (for more information, see Section 6 of this Privacy Policy - “Cookies and Tracking Technologies”). This information includes online identifiers associated or transmitted from your browser and device, such as Internet Protocol address (IP), a “cookie” identifier, user agent, and similar unique online identifiers generated, tags, etc. (“Online Identifiers”). Online Identifiers, such as IP address, are also used to extract your approximate location (e.g., country and Zip). This also includes information regarding your use and interactions with the Services including session durations and time and date stamp (i.e., when have you accessed our website or used certain Services and for ho long), the content you viewed on our website, your interactions within the Services (click streams, actions made such as checking a consent box or clicking on “placing order” etc.), crash data,  the URL or advertising campaign from which you have reached our website, language preferences, Products added to the cart, etc. (collectively “Usage Data”). If the Usage Data is associated with an Online Identifier it is processed by us as Personal Data.	Online Identifiers and Usage Data are collected and used for the following purposes:  ·    Our Services’ functionality, operation, security and fraud prevention, debugging and to resolve errors and technical issues; ·    To customize the Services based on your approximate location (i.e., to present you  the webpages with Services applicable to your territory, etc.) ·    To have internal analytics and statistics, used by us to enhance and improve our Services. For example, we analyze how Visitors use our website or the most viewed content to improve the way we present such content. ·    To promote, advertise and market our website and Services. This includes targeted advertisements (which is further subject to your cookies’ settings and preferences – see section 6 of this Privacy Policy “Cookies and Similar Tracking Technologies We Use”), and measure effectiveness of our digital advertising campaigns.
Contact Information & Communications We collect contact information, such as, as applicable to you communication with us, name, email address, phone number and country (“Contact Information”), if you contact us with any inquiries, be provided with information regarding our Product, sign up to receive our marketing materials and newsletter, contact our customer support, etc., either through an online form available on our website, by sending us an email or by any other means. We will further collect and store the content of communications with you, including email correspondence and any information you choose to share with us through your correspondence or other communications with us, and may also process data related to such communications such as, interactions with email communications (access time and date), etc. (“Communications Data”).	Contact Information and Communications Data are collected and used for the following purposes:  ·         To respond to your inquiries or request or send you the information and materials you have requested or signed up to receive. You may unsubscribe at any time from receiving our newsletter or other marketing materials through the “unsubscribe” link within the messages we send.   ·         To have records of our communications, to improve our support and marketing efforts, and in the event we believe it is required to continue to store it, for example, to provide you with any further assistance (if applicable) or in the event we reasonably determine it is needed in order to comply with any regulatory requirement, or for handling and defending against any dispute you might have with us. ·         To have internal analytics and statistics, used by us to enhance and improve our Services. ·         We will further store your Contact Information in order to include you, and maintain, our marketing and mailing lists, as well as the "opt-out" list (solely the necessary information for such purpose), to ensure we respect your choice and comply with applicable laws in this regard.
Customers – Information Provided When You Create an Account & Place Orders You may decide to create an account with us to place orders (“Account”). During the registration process you will be requested to provide us with certain information such as your full name, and email address. If you choose to sign in through Single Sign-On (SSO) with your social media account (e.g., Google, Apple or Facebook account), we will be provided with certain information about you, depending on your social media’s privacy settings, which may include your full name, email address and other public profile information. Additionally, during the registration process you will be required to create a password. We will further collect actions made on your account such as Products added to your cart (collectively “Account, Registration and Login Data”).  If you place an order, as part of the checkout process, you will be requested to provide us with certain information such as your full name, email address, telephone number, as well as billing and shipping address. Note that, you will further be required to provide your payment method details, however, as your payment is being processed by our third-party payment processor, we will not store have access to your full payment information, rather, where applicable, solely the 4 last digits of your payment method and expiry date which we must obtain for record keeping purposes. We will further retain records of the Products’ orders you have made from us, any returns or refund provided, promotions or coupon used, etc. (collectively “Orders Information”).	Account, Registration and Login Data and Orders Information are collected and used for the following purposes:  ·         To create and designate your Account, and to secure access to your Account including authentication and validation purposes, enable log-in, access and use of your Account. ·         To provide the Services, including to fulfil and deliver your orders, to process returns, handle any inquiry you may have. ·         To communicate with you and send you transactional and operational messages (for example, a welcome message, billing, invoices, and other operational notices such your shipping status or updates to your orders as well as to send you marketing communications, materials, and other information regarding our Products, including special offers, an email to remined you have not completed your order of Products you have added to your cart etc. The communications shall be via emails, provided that, subject to applicable law requirements, we will seek for your consent and in any event, you may opt-out and unsubscribe from marketing communications. However, please note that even if you opt-out from our marketing communication, we will still use your contact details to send you service-related and operational communications. ·         To maintain bookkeeping records and to comply with any regulatory requirement (e.g., tax related, etc.). ·         To have internal analytics and statistics, used by us to enhance and improve our Services, as well as to customize our Services and promotional offers, to analyze Customers’ preferences, enhance and personalize your shopping experience (including, for example, to offer additional products) and improve our Services, and marketing efforts.
Users’ Feedback and Reviews If you choose to submit your feedback or reviews regarding your experience with the Products or our Services, you may be requested, through the submission process, to provide your name (or nickname), as well as additional information such as your email address, and the content of your feedback and review (“Reviews Submission Information”).	Reviews Submission Information are collected and used for the following purposes:  ·         To post reviews and feedback on our websites or other media channels and platforms, for marketing purposes. If we will decide to post your reviews, it may be posted under the name or nickname you have provided us (including where the submission was made through your Account). Contact information will not be posted in any manner. Note that, we recommend you to not disclose additional Personal Data through your review, as such content might be publicly posted, and we cannot control any third party's use of such information. ·         To improve our Product, Services and the way we offer them.

 

Please note that, in addition to the purposes set forth above, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts, and any other misuse of the Services and to enforce our Terms, as well as to protect the security or integrity of our databases and the Services, and to take precautions against legal liability. We will not collect additional categories of Personal Data or use the Personal Data for any purpose that is materially different, unrelated, or incompatible purpose without obtaining your consent unless we are required or permitted by applicable law.

HOW WE COLLECT YOUR DATA

Depending on the nature of your interaction with us and our websites and Services, we may collect Personal Data as follows:

• Automatically– we may use cookies or similar tracking technologies to gather some information automatically when you interact with our websites and Services (see Section 6 of this Privacy Policy “Cookies and Similar Tracking Technologies We Use”.
• Provided directly by you– we will collect information if and when you choose to provide us with the information, such as where you create an Account, place and order, contact us, etc.

 COOKIES AND SIMILAR TRACKING TECHNOLOGIES WE USE

We use “cookies” (or similar tracking technologies such as tags, pixels, etc.) when you access to, interact with, or use our websites and Services. The use of cookies is a standard industry-wide practice. A “cookie” is a small piece of information that a website assigns and stores on your device or browser while you are viewing a website. Cookies can be used for various purposes, including allowing you to navigate between pages efficiently, enable automatic activation of certain features (e.g., shopping cart), for statistical purposes, as well as for advertising purposes.

The information generally collected and stored by cookies includes Online Identifiers (such as cookie ID, IP address, etc.) and Usage Data (such as actions made, click stream, time and date stamp, content viewed, directing URLs, etc.) – both as defined as under Section 4 of this Privacy Policy “The Data We Collect & Purpose of Collection and Use”) preferences and technical information related to your device or browser (such as type of device, operating system, etc.). 

Cookies can be either placed by us, or by third parties such as analytic providers, marketing partners, social media, etc. In addition, the duration of such cookies (meaning the period until such are deleted) can be either “session” – meaning deleted when you close your browser, or “persistent” – meaning longer periods according to their purpose and settings, provided however that you can delete or block cookies through your browser or device settings or as further explained below.

 

Please see our cookies list page: HERE which details the cookies we use on are website. You to change your cookies settings and preferences ant any time (include accept cookies, reject cookies, and opt-out) by using the cookie setting tool available on our website.  

Also note that, most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please refer to the setting or the support page of your browser to learn more about how you can adjust your privacy and security settings.

Please note that once you choose to opt out or disable cookies, some features of our website and Services may not operate properly and your online experience may be limited. In addition, even if you do opt-out, you may still receive some content and advertising, however, it will not be targeted content or advertising.

Where we use third-party advertising cookies, such third-party may independently collect Personal Data, through the use of such tracking technologies, and may combine such information with other information they have independently collected relating to your online activities across the Internet, for the purpose of enhanced targeting functionality and delivering personalized ads, as well as providing aggregated analytics related to the performance of advertising campaigns you interacted with. These third parties collect and use this information under their own privacy policies and are responsible for their practices.

 SHARING PERSONAL DATA WITH THIRD PARTIES

We share your Personal Data with third parties, including our affiliated companies, partners or service providers that help us provide operate and manage our websites, business operation, marketing operations and our Services. The categories of such third-party recipients, the type of Personal Data we will share and the purposes for which we will share the Personal Data are as follows:

• Our Service Providers and Agents - we share Personal Data with our agents and service providers to perform requested services on our behalf. These third parties may include counsels and advisors, technology and hosting providers (such as analytic tools, management or security tools, communications tools, processing payments, shipping and delivery services, etc.(. These providers are prohibited from using Personal Data we share with them for any purposes other than providing us with the requested functions and services. The type of Personal Data that will be shared can be any data processed by us, as needed for the provisions of the specific services.
• Marketing Partners – we may share Personal Data with marketing partners we engage with or use their tools and services to market and promote our website and Services, for example, for our marketing campaigns and targeted online advertising. These partners may include social media platforms or other marketing services operators. The Personal Data shared may include Online Identifiers and Usage Data, (as defined under Section (4) of this Privacy Policy “Data We Collect & Purpose of Collection and Use”). These partners may combine your Personal Data with other data they collect independently from your visits and interactions across the web.
• Our Company Group & Corporate Transactions - we share Personal Data, internally within our company group to fulfil certain purposes for which Personal Data is collected and retained, or in the event of a corporate transaction (for example, sale of a substantial part of business, merger, consolidation, etc.). The types of Personal Data that will be shared can be any data processed by us, as needed, however our affiliated companies or acquiring company will assume the rights and obligations as described under this Privacy Policy.
• Enforcement of our Rights, Security and Fraud Prevention & Law Enforcement - we may disclose certain Personal Data to law enforcement, governmental agencies, or authorized third parties as needed to comply with applicable laws or in response to a verified order. We may further Personal Data to enforce our policies and agreements, as well as defend our rights, including the investigation of potential violations thereof, alleged illegal activity or any other activity that may expose us, you, or third parties to legal liability, and solely to the extent required. The types of Personal Data that will be shared are as needed to fulfil the purpose set forth above, for example, subject to law enforcement authority request.

For avoidance of doubt, we may further transfer and disclose or otherwise use Non-Personal Data or information which is linked to anonymous random identifiers or information that is aggregated in a non-identifiable way, at our discretion and without limitations.

 “SALE” OF PERSONAL DATA ‎

Under US privacy laws, the term “sale” is referring to disclosing or making available Personal ‎Data to a third-party in exchange for monetary or other valuable consideration, including for ‎targeted advertising purposes. We do not “sell” Personal Data as most people would ‎commonly understand that term – meaning we do not disclose your Personal Data in direct exchange ‎for money or some other form of payment.  However, due to the definition of the term ‎‎“sale” under applicable US privacy laws, our practice of sharing the categories of Personal Data ‎detailed below, when we use cookies or other third-party advertising services is considered as ‎‎“selling” Personal Data. The categories of Personal Data shared for this purpose includes: ‎Identifiers (Online Identifiers such as IP and Cookie ID); Internet and electronic network ‎activity information (Usage Data - such as your engagement with our Services and website); ‎Geolocation data (such as country level extracted from IP) (all terms as defined under Section ‎‎4 of this Privacy Policy “Data We Collect & Purpose of Collection and Use”). 

You have the ‎right to opt-out of such “sale” at any time, by changing your preference using the cookies ‎setting tool available on our website. ‎

 YOUR RIGHTS RELATED TO YOUR PERSONAL DATA

Under applicable data protection and privacy laws, individuals have certain rights and controls regarding their Personal Data we process and store. The rights you may exercise depends on the purpose of collection, your relationship with us, and your jurisdiction and the privacy laws that apply to the collection and use of your Personal Data. The principal rights that may apply to your Personal Data may include: 

• The Right to Be Informed– you have the right to be provided with information regarding our Personal Data collection and privacy practices – all as detailed under this Privacy Policy. If you have any additional questions, please contact us at: support@thein2.com
• The Right to Access/Inspect Your Personal Data– you have the right to ask us to confirm whether or not we collect and use your Personal Data, the right to know which Personal Data we specifically hold about, and to ask for a copy of your Personal Data or access it.
• Right to Correct/Rectify Your Personal Data –you have the right to ask us to correct or update your Personal Data we hold that is incorrect or request deletion for inaccurate Personal Data, after verifying the accuracy of the data and further taking into account the nature of the processing and the purposes.  
• Right to Erase Your Personal Data (the Right “To Be Forgotten”)– you have the right to request the erasure of certain Personal Data we hold, if specific conditions are satisfied, for example, if you think  we no longer need to use it for the purpose we collected it; in the event that the collection was based on your consent; where we have used it unlawfully, or; where we are subject to a legal obligation to delete  your Personal Data. Request for erasure will be subject to our rights and obligations under applicable law (for example, record keeping, completing transactions, providing a service that you have requested, taking actions reasonably anticipated within the context of our ongoing business relationship with you, fulfilling the terms of a written warranty, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible for such activities; debugging products to identify and repair errors that impair existing intended functionality; exercising right provided for by law; engaging in public or peer-reviewed scientific, historical, or statistical research in the public interest, etc.). You are not required to create an account with us to submit a deletion request.
• Right to Restrict Processing of Your Personal Data– you have the right to ask us to restrict or limit the purpose for which we process your Personal Data, where certain conditions are satisfied.  
• Right to Object – you have the right to object to our use of your Personal Data if you believe your fundamental rights and freedoms outweigh our legitimate interest.
• Right to Withdraw Consent - when we collect and process your Personal Data based on your consent, you have the right to withdraw such consent at any time.
• Right to Opt-Out/Opt-out of Sale– you have the right to opt-out from receiving our marketing communications, if applicable, by unsubscribing through the message received. You further have the right to opt out of the “sale” of Personal Data (i.e., to opt out of targeted advertising by us) as further explained under Section (8) of this Privacy Policy “Sale of Personal Data”. We do not profile you in a manner that has a significant effect on you or other individuals, therefore we do not provide an opt-out option from such use of Personal Data.
• Data Portability– you have the right to ask us to provide a copy of your Personal Data in a portable format and, to the extent technically feasible, readily usable format that allows you to transmit the Personal Data to another entity without hindrance. We will select the format in which we provide your copy.  
• Right to Appeal– If we decline to take action on your request to exercise your rights related to your ‎Personal Data, we will inform you without undue delay within the timeframe set out ‎under the applicable law. Our notice will include a justification for declining your request ‎as well as information on how you may appeal, if applicable. Within the timeframe set ‎under applicable law as of our receipt of your appeal, we will inform you in writing of any ‎action taken or not taken in response to your appeal, including a written explanation of ‎the reasons for the decisions. If the appeal is denied, you may submit a complaint to the ‎applicable authority or Attorney General of your jurisdiction (including, for example, ‎Colorado Attorney General at https://coag.gov/file-complaint/; Connecticut Attorney ‎General at: https://www.dir.ct.gov/ag/complaint/ or (860) 808-5318; Virginia Attorney ‎General at https://www.oag.state.va.us/consumercomplaintform).‎

 

Note that, not all those rights apply in every jurisdiction. 

For California Residents, please further review our CCPA Privacy Notice.

You may submit a request to exercise most of your rights, by filling out our Privacy Rights Request Form available HERE and send it to our privacy team at: support@thein2.com

When you submit a request, we will take steps to verify your identity and your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information to verify your identity, or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for denial and how to remedy any deficiencies, where applicable.

Authorized agents may initiate a request on behalf of another individual, provided that they will be required to provide proof of their authorization, and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.   

Certain rights can be easily executed independently by you without the need to fill out the DSR form, and for example:

• If you are our Consumer, you can correct certain data provided under your Account (such as contact information);

• You can opt-out from receiving our marketing emails by clicking “unsubscribe” link;
• You can use the cookie settings tool on our website to change your preferences and opt-out of cookies including opt-out of “sale” of Personal Data..

In the event you are a Consumer – note that closing your Account does not automatically resolved in deletion of data. If you wish to delete your Personal Data, please ensure to contact us with such request.

 DATA RETENTION

We retain Personal Data we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until an individual expresses a preference to opt-out.

In certain circumstances, we will retain your Personal Data for longer periods of time and mainly:

• Where we are required to retain Personal Data in accordance with legal, regulatory, tax, or accounting requirements;
• Where we deem retention is necessary to obtain an accurate record of your dealings with us in the event of any complaints or challenges (e.g., Product adverse event); or
• If we reasonably believe there is a prospect of litigation relating to your Personal Data.

Please note that except as required by applicable law, we may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes.

 DATA SECURITY

Securing your Personal Data is of high priority. We design our systems with your security and privacy in mind. We have implemented physical, technical, and administrative security measures that comply with applicable laws and industry standards, such as encryption, access restrictions and permissions, etc.

Note that we cannot be held responsible for unauthorized or unintended access beyond our control, and we make no warranty, express, implied, or otherwise, that we will always be able to prevent such access.

Please contact us at support@thein2.com , if you feel that your privacy was not dealt with properly, in a way that was in breach of our Privacy Policy, or if you become aware of a third party's attempt to gain unauthorized access to any of your Personal Data. We will make a reasonable effort to notify you and the appropriate authorities (if required by applicable law) if we discover a security incident related to your Personal Data.

 INTERNATIONAL DATA TRANSFER

Due to our global business operation, we may store or process your Personal Data in several territories. Thus, any information you provide us may be transferred to and processed in countries other than the country from which you accessed our websites or otherwise the country of your jurisdiction. We will take appropriate measures to ensure that your Personal Data receives an adequate level of data protection upon its transfer.

 PROTECTING CHILDREN

Our Services and Products are not intended for any individual under the age of 18, and we do not knowingly collect or maintain information about anyone under the age of 18. Please contact us at: support@thein2.com if you have reason to believe that a child has shared any information with us.