LIBRELINKUP PRIVACY NOTICE AND TERMS OF USE

Effective Date: May 2018

Please read this Privacy Notice and Terms of Use carefully before downloading and using the LibreLinkUp app, which connects you to the LibreView system.

This Terms of Use document is a legal agreement between you and Abbott Diabetes Care Inc.

Abbott Diabetes Care Inc. , of 1420 Harbor Bay Pkwy, Alameda, CA 94502, USA, is the developer of Sensors (“Sensors”), Readers (“Readers”) and glucose test meters (“Meters”) for the FreeStyle Libre family of products and the FreeStyle LibreLink mobile app, and the LibreView data management system (“LibreView system”). The LibreView system is a secure, cloud-based diabetes management system that may be used by individuals, healthcare professionals and Abbott to aid in the review, analysis and evaluation of historical glucose data, glucose test results and ketone test results to support an effective diabetes health management programme. Abbott is the controller of your personal information transmitted to the LibreView system or stored by you in it.

Newyu, Inc. (“Newyu”) is the developer of the LibreLinkUp app (“LibreLinkUp”). Newyu has developed the LibreLinkUp app as part of the LibreView system, for which Newyu holds the marketing authorisations/registrations, including the CE Mark.

References to “you,” “your,” or the “user” in this Privacy Notice are references to the individual using the LibreLinkUp app. References to “Abbott,” “us,” “our,” or “we” in this Privacy Notice are references to Abbott Diabetes Care Inc.

Abbott recognises the importance of data protection and privacy and is committed to protecting your personal information, including health-related information.

This Privacy Notice explains how we handle personal information that you provide to us through your use of the LibreLinkUp app. This Privacy Notice does not apply to personal information collected by Abbott (including its subsidiaries and affiliates) via other methods, such as websites, or customer call centres; nor does this Privacy Notice apply to other third party web sites.

YOUR USE OF THE LIBRELINKUP APP CONSTITUTES AND IS CONDITIONAL UPON YOUR ACCEPTANCE OF THIS PRIVACY NOTICE. BY ACCEPTING, YOU EXPLICITLY ACKNOWLEDGE THAT THIS PRIVACY NOTICE WILL APPLY TO YOUR USE OF THE LIBRELINKUP APP AND TO YOUR USE OF THE LIBREVIEW SYSTEM AND TO THE PROCESSING AND TRANSFER OF YOUR PERSONAL INFORMATION AS SET OUT IN THIS PRIVACY NOTICE.

The index and headings in this Privacy Notice are for your convenience only, and do not limit, define, or fully explain each section.

Introduction

1. Background of the LibreLinkUp app and the LibreView system.

2. No medical advice.

3. What does this Privacy Notice apply to?

4. What information does this Privacy Notice govern?

5. How is personal information handled?

6. How long does Abbott store personal information?

7. Does Abbott share personal information with third parties?

8. How does Abbott secure personal information?

9. Where does Abbott store and transfer personal information?

10. Will Abbott send me marketing material?

11. How does Abbott protect the privacy of children?

12. How may I access and/or correct my personal information?

13. What rights do I have over my personal information?

14. How do I delete my LibreView system account?

15. How can I contact Abbott?

16. Changes to this Privacy Notice.

(A) LIBREVIEW SYSTEM PRIVACY NOTICE

1. Background of the LibreLinkUp app and the LibreView system .

LibreLinkUp allows you, once you have been invited, to view the glucose data of your family members and/or friends, if they choose to share with you the data they store in the LibreView system. Once you are connected, you will be able to view their glucose data to support them in their diabetes health management programme.

The LibreView system is a secure, cloud-based diabetes management system that may be used by individuals, healthcare professionals, and Abbott to aid in the review, analysis and evaluation of historical glucose data, glucose test results, ketone test results, and user-entered information, including insulin, food, exercise and notes to support an effective diabetes health management programme. The FreeStyle Libre family of products and the LibreView system enable Abbott to improve the quality, security and effectiveness of medical devices and systems, and allow Abbott to develop innovative and effective treatment and management of diabetes in the interests of public health. Use of the LibreView system may require: compatible devices, internet access, data usage (charges may apply), certain software (fees may apply) and periodic updates, and the performance of the LibreView system may be affected by these requirements.

2. No medical advice .

THE LIBREVIEW SYSTEM IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. USERS SHOULD BE AWARE THAT THE LIBREVIEW SYSTEM IS AN INFORMATION MANAGEMENT SERVICE TO PERMIT THE ANALYSIS OF GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE OF A HEALTHCARE PROFESSIONAL. INDIVIDUALS USING LIBRELINKUP TO RECEIVE INFORMATION ABOUT PERSONS WITH DIABETES SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL, IF THEY HAVE ANY QUERIES OR CONCERNS ABOUT DIABETES MANAGEMENT. PROFESSIONAL MEDICAL ADVICE SHOULD NEVER BE DISREGARDED, NOR SHOULD YOU DELAY SEEKING IT BECAUSE OF INFORMATION CONTAINED IN THE LIBREVIEW SYSTEM ACCOUNT OR DISPLAYED IN LIBRELINKUP. WHILE ABBOTT USES INFORMATION IT RECEIVES VIA THE LIBREVIEW SYSTEM TO IMPROVE TREATMENT GUIDANCE, ABBOTT IS NOT A PROVIDER OF MEDICAL CARE AND ABBOTT IS NOT RESPONSIBLE FOR NOTIFYING HEALTHCARE PROFESSIONALS OF ANY CHANGES IN THE GLUCOSE READINGS OF A USER OF THE FREESTYLE LIBRELINK MOBILE APP. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE LIBREVIEW SYSTEM OR ON ANY INFORMATION RECEIVED FROM ABBOTT EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.

3. What does this Privacy Notice apply to?

This Privacy Notice applies only to the personal information you submit when creating a LibreView system account and through any customer services we provide that are connected with your use of the LibreView system. You may also be able to access your account for the LibreView system via a website domain, depending on your country of residence; however, use of any LibreView website will be subject to a separate Privacy Notice on that website. This Privacy Notice does not apply to any other personal information provided by you or collected from you by Abbott.

4. What information does this Privacy Notice govern?

This Privacy Notice covers the following information:

• Your LibreView system account profile, which includes your name, e-mail address, date of birth and country.

• Information about your mobile device, including information about your operating system, and other troubleshooting and analytical data to help us provide you with LibreLinkUp and the LibreView system.

LibreLinkUp transmits personal information and data directly to the LibreView system in accordance with this Privacy Notice. You may use LibreLinkUp to change your account settings for the LibreView system, such as your name, e-mail and password.

5. How is personal information handled?

Personal information

Abbott uses personal information and data derived from your mobile device in the following ways:

• to provide you with a LibreView system account so that your family members or friends may share their glucose readings stored in the LibreView system with you via the LibreLinkUp app;

• to help us fix any issues with LibreLinkUp or the LibreView system, including responding to your questions or responding to your request for support, troubleshooting, or any other performance issues;

• to better understand how you interact with and use the LibreView system, including its functions and features;

• where you opted-in, we will prepare and send you tailored marketing information, based on your LibreView system account, including information from your local Abbott company. You will be provided with an opportunity to opt into these communications when you first provide us with your personal information. If you initially opt in, you will also be provided with an opportunity to opt out in each marketing communication you receive from us.

Data Analysis

Abbott uses de-identified, pseudonymised, aggregated and/or anonymised information for limited purposes. Our parent company Abbott Laboratories assists us as a data processor with this data analytics process, in particular, the processes related to de-identifying, pseudonymising and/or anonymising information. This is information that Abbott securely holds and will not be used to identify you individually by name or e-mail address. The purposes for which Abbott will use this information are:

• to improve the quality, security and effectiveness of medical devices and systems, and to allow the development of innovative and effective treatment and management of diabetes in the interests of public health;

• to create, access, retain, use and disclose to our affiliated companies, to third party researchers, healthcare entities or professionals or public health authorities for the purposes of scientific research, statistical purposes and analysis;

• to research, develop and test healthcare systems and management;

• to validate upgrades, and to keep the LibreView system safe and secure.

EU General Data Protection Regulation for EEA and Swiss Users: Abbott processes your information on the basis of the following legal requirements as set out in the General Data Protection Regulation (“ GDPR”):

• processing is necessary to perform services under the LibreLinkUp Terms of Use;

• Abbott’s legitimate business interests when we de-identify and pseudonymise data to better understand how you interact with and use LibreLinkUp and LibreView system, including its functions and features and information about your mobile device;

• consent to prepare and send tailored marketing information to you, based on the data uploaded (including health-related information) or connected with your LibreView system account, by your local Abbott company; you will be provided with an opportunity to opt into these communications when you first provide us with your personal information; if you initially opt in, you will also be provided with an opportunity to opt out in each marketing communication you receive from us;

• public interest in the area of public health, including the case where you receive reimbursement or are otherwise entitled to public funding for use of Abbott’s medical devices, to monitor and improve the quality, security and effectiveness of medical devices and systems, to identify and implement quality improvements or new developments and where we use information obtained from your Sensor and your mobile device to help us fix or enhance LibreLinkUp or the LibreView system;

• public interest in the area of public health and the conduct of scientific research when we de-identify or pseudonymise information in the LibreView system;

• legal requirements related to the regulation, quality and safety and post-marketing surveillance of medical devices.

The contact details of our European data protection officer, along with other useful contact information, are available at www.eu-dpo.abbott.com.

6. How long does Abbott store personal information?

Abbott will continue to store your personal information while you have an active LibreView system account and in accordance with applicable data retention requirements. The section entitled “How do I delete my LibreView System account” below explains how you can delete your account and what happens to your personal information once your account has been deleted.

7. Does Abbott share personal information with third parties?

We share personal information with our third party suppliers solely to provide, maintain, host and support the LibreView system. Newyu, which holds the marketing authorisations/registrations for the LibreView system, will process personal information on our behalf as a third party supplier. Abbott Laboratories, our parent company, assists us as a data processor with the data analytics process, in particular, the processes related to de-identifying, pseudonymising and/or anonymising information. Where we provide your personal information to third party suppliers to assist us with the provision of your LibreView system account, they are required to keep your personal information confidential and secure and to use your personal information to the minimum extent necessary.

If you select France as your country of residence: your LibreView system account in the cloud will be hosted in France by Orange Business Services, accredited by the ASIP Santé to host health-related information.

If you select a country in Europe other than France as your country of residence: the hosting of your LibreView system account in the cloud is by Amazon Web Services in the European Union. Apart from exceptional circumstances in which your personal information is required to respond to your request for customer support, we will transfer only pseudonymised and de-identified information outside the EEA.

Abbott uses third party service providers to provide you with LibreLinkUp and the LibreView system. For example, we use third party service providers to report when LibreLinkUp crashes, so that we can support and improve LibreLinkUp, and when these crashes occur, LibreLinkUp will send certain information about the incident to such third parties. The information sent to such third parties will not involve the use of your personal information.

Where you opt in to receive direct marketing communications from us, we may share your personal information with local affiliated Abbott companies with whom we are jointly marketing a product or service or jointly conducting a programme or activity. This will only occur in the case where you consent to sharing, for example, where you opt in to receive marketing communications from Abbott (or its affiliates) as described in this Privacy Notice. We may also share your personal information with third parties in cases where you have expressly asked us to do so. We will not sell or license your personal information to third parties except in connection with the sale, merger, or transfer of a product line or division, so that the buyer can continue to provide you with information and services. To avoid doubt, we will never sell your personal information for commercial purposes to third parties, and we may share your personal information with third parties only in cases where you have provided consent or where permitted by applicable law.

We may share de-identified, pseudonymised, aggregated and/or anonymised information with affiliated Abbott companies and with other third parties for the purposes relating to “Data Analysis” set out above. This is information, which Abbott securely holds, will not be used to identify you individually by your name or e-mail address. We reserve the right to disclose your personal information to respond to authorised information requests from government authorities, to address national security situations, or when otherwise required by law. Furthermore, where permitted or required by law, we may also disclose the information we collect from you in cases where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Privacy Notice, or as evidence in litigation in which we are involved. Your personal information may be subject to foreign laws and may be accessible to foreign governments, courts, and law enforcement and regulatory agencies.

8. How does Abbott secure personal information?

We have implemented administrative, technical and physical safeguards to protect your personal information, including health-related information, from unauthorised or unlawful access, accidental loss, destruction, damage, misuse, disclosure and alteration, including through the use of cryptographic technologies. Abbott restricts access to personal information by its employees on a need-to-know basis. Please bear in mind that no Internet or Wi-Fi transmission is 100% secure, so please exercise caution when uploading personal information, especially health-related information, to your LibreView system account.

You are responsible for protecting your devices and your LibreView system account against unauthorised access. We recommend securing access to your mobile device by logging-out, choosing a robust password that nobody else knows or can easily guess, and keeping your account information and password private. Abbott is not responsible for any lost, stolen, or compromised passwords or for any activity on your LibreView system account from unauthorised users where this is caused by you. If you think your account has been compromised, please contact us as soon as you are able at DiabetesCarePrivacy@Abbott.com.

9. Where does Abbott store and transfer personal information?

The personal information transmitted to the LibreView system will be stored in the cloud on secure servers.

When your personal information is hosted in a country other than the country you selected, it may become subject to the laws of the host country, which may not be equivalent to the laws of the country you selected. However, Abbott will put appropriate measures in place to protect your personal information and ensure that your personal information is only collected, used and disclosed as permitted under applicable laws.

If you select a country outside the United States of America as your country of residence :

· we may occasionally need to access or view your personal information, such as your name and e-mail address, and in certain exceptional circumstances your health-related information, via a secure network from the United States of America to the extent that this is necessary for us to provide you with technical support or to troubleshoot any system issues in relation to your LibreView system account;

· we may also transfer information to the United States of America from Europe (except France), Asia Pacific, Latin America or other regions via a secure network in de-identified or pseudonymised form, which prevents us from identifying you, for the purpose of conducting data analysis as described in the section entitled “Data Analysis” above. The United States of America may not provide data protection or privacy laws equivalent to the laws of your country; however, we put appropriate measures in place to protect your personal information.

BY CREATING A LIBREVIEW SYSTEM ACCOUNT AND BY ACKNOWLEDGING THIS PRIVACY NOTICE, YOU ARE BEING INFORMED BY US OF THESE TRANSFERS OF YOUR PERSONAL INFORMATION TO THE UNITED STATES OF AMERICA AND OF ACCESS TO YOUR PERSONAL INFORMATION FROM THE UNITED STATES OF AMERICA, WHICH MAY BE REQUIRED TO RESPOND TO ANY SUPPORT REQUESTS YOU SUBMIT. THE UNITED STATES OF AMERICA MAY NOT OFFER AN EQUIVALENT LEVEL OF PROTECTION FOR YOUR PERSONAL DATA COMPARED WITH THE LAWS OF THE COUNTRY IN WHICH YOU ARE LOCATED.

10. Will Abbott send me marketing material?

Abbott (or its affiliates) may send you advertising and marketing-related information about diabetes care or their other products and services if (where required by law) you opted in to receive such communications when you set up your LibreView system account profile. You may receive marketing information which is tailored to your specific needs based on the information in your LibreView system account. We may also invite you to participate in surveys about our products, provide you with news and newsletters, or notify you of special offers and promotions. This material may be sent by us or by one of the companies in the Abbott Group. You may opt out of receiving marketing-related communications in one of the following ways: by clicking on the “unsubscribe” link at the bottom of marketing-related e-mails we send you, by changing your LibreView preferences, or by contacting us at DiabetesCarePrivacy@Abbott.com. We will process opt-out requests without undue delay.

Neither Abbott nor its affiliates or licensors will send advertising or marketing-related information to children.

Abbott will not sell your personal information to third parties for direct marketing.

If you opt out of receiving marketing-related information about diabetes care, we may continue to send you non-marketing related information. This information may be in relation to necessary system and service updates or issues including product safety.

11. How does Abbott protect the privacy of children?

We do not knowingly collect or use any personal information from children via LibreLinkUp. If you are a parent or guardian and become aware that your child has attempted to set up a LibreView system account using LibreLinkUp or has attempted to provide us with information directly, please contact us using one of the methods specified below, and we will work with you to address this issue.

12. How may I access and/or correct my personal information?

You may correct your profile information through the LibreView system account settings within LibreLinkUp or on the LibreView website, where accessible.

13. What rights do I have over my personal information?

Depending on your place of residence, you may have the right to: (a) access the personal information we hold about you; (b) request we correct any inaccurate personal information we hold about you; (c) delete any personal information we hold about you; (d) restrict the processing of personal information we hold about you; (e) object to the processing of personal information we hold about you; and/or (f) receive any personal information you have provided to us on the basis of your consent, in a structured and commonly used machine-readable format or have such personal information transmitted to another company by use of the export function on the LibreView website, where accessible.

To exercise these rights, please contact us at DiabetesCarePrivacy@Abbott.com.

For EEA and Swiss Users : you have the right to lodge a complaint with your local data protection authority, if you are unhappy with any aspect of Abbott’s processing of your personal information. The contact details of our European data protection officer, along with other useful contact information, are available at www.EU-DPO.abbott.com.

14. How do I delete my LibreView system account?

If you would like to delete your LibreView system account, please contact us at DiabetesCarePrivacy@Abbott.com. Please be aware that if you delete your account, we will retain aggregated and de-identified information and may need to retain certain personal information as required by law.

Once your LibreView system account and any associated personal information have been deleted, you will no longer have access to the LibreView system, and deletion of your account may be irreversible. Hence, you may not be able to reactivate your LibreView system account or retrieve any of this information.

Please note that if any family member and/or friend sharing their glucose readings with you deletes their LibreView system account, you will no longer be able to view their glucose readings.

Abbott reserves the right to delete inactive LibreView system accounts after six months. We will attempt to notify you in advance so that you have an opportunity to ensure that your account stays current and available for your use.

15. How can I contact Abbott?

If you have questions or comments about our privacy practices, please contact us by clicking on the “Contact Us” link on one of our websites, or by e-mailing us at DiabetesCarePrivacy@Abbott.com. Alternatively, you may send a letter to the following address:

Attn: Privacy Officer

Abbott Diabetes Care Inc.

1420 Harbor Bay Parkway

Alameda, CA 94502

USA

In all communications to us, please include the e-mail address used to create your LibreView system account and a detailed explanation of your request.

EU Data Protection Officer: if you are in the EEA, the contact details of our European data protection officer, along with other useful contact information, are available at www.eu-dpo.abbott.com. If you would like to exercise any of your rights set out in section 16 above and are contacting us by e-mail, please word your e-mail subject line accordingly (for example, “Correction Request” or “Deletion Request”). We will do our best to respond promptly to all reasonable requests, or at the very least, in accordance with any applicable legal requirement.

For French Users

It is important that you select France as your country of residence when setting up the LibreLinkUp app. If you have incorrectly identified a different country as your country of residence, do not complete the installation. Instead, re-start the installation of the LibreLinkUp app and select France as your country of residence.

The Data Controller for your LibreView System account is Abbott Diabetes Care, Inc., 1420 Harbor Bay Parkway, Alameda, California 94502 United States. Our local representative is Abbott Diabetes Care France (Diabétologie), Bâtiment Cologne, 12 Rue de la Couture, BP 20235, 94518 Rungis Cedex.

Abbott Diabetes Care will not use your data for analytics as further described in the section entitled “How does Abbott use other types of information?” The section entitled “Will Abbott send me marketing material?” does not apply to users in France. You consent to the processing of your sensitive personal data as set out herein.

The recipients of the data are its data processors involved in storing and hosting your account, in particular, Orange Business Services, an accredited health data host located in France. Orange may provide customer support related to the hosting of your data. In exceptional circumstances where Orange is unable to resolve the customer support issue, Newyu based in the United States may need to access the servers and/or access your data to resolve the customer support issue related to your account, and you consent to a transfer of your data to Newyu for the purpose of receiving such support. We will not share your data with any other third parties, including any other affiliated Abbott companies, nor will we transfer your data for any other reason.

Your rights are set out above in the section “What rights do I have over my personal information”; you may exercise these rights by contacting our Data Protection Officer at www.eu-dpo.abbott.com.

16. Changes to this Privacy Notice.

If we change our privacy practices, an updated version of this Privacy Notice will reflect those changes.

You will be alerted to updates to this Privacy Notice by e-mail or via the LibreLinkUp app. Without prejudice to your rights under applicable law, we reserve the right to update and amend this Privacy Notice without prior notice to reflect technological advancements, legal and regulatory changes and good business practices to the extent that it does not change the privacy practices as set out in this Privacy Notice.

If you do not agree to the changes to the Privacy Notice, you should request deletion of your LibreView system account by contacting us at DiabetesCarePrivacy@Abbott.com.

(B) LIBREVIEW SYSTEM TERMS OF USE

1. General: the LibreLinkUp app developed and provided by Newyu, Inc. allows you, once you have been invited, to view the glucose readings of your family members or friends, if they elect to share with you the data they store in the LibreView system. Once you are connected, you will be able to view their glucose data to support them in their diabetes health management programme. Newyu, Inc. holds the marketing authorisations/registrations for the LibreView system.

Use of the LibreView system may require: compatible devices, Internet access, data usage (charges may apply), certain software (fees may apply) and periodic updates, and the performance of the LibreView system may be affected by these requirements. Abbott permits only one LibreView system account per e-mail address and reserves the right to limit the number of devices associated with a LibreView system account. You agree that meeting these requirements is your responsibility.

2. LibreView System Account: the LibreLinkUp app allows you to view the FreeStyle Libre glucose readings of those family members or friends who have opted to share with you their diabetes-related information they store in the LibreView system. The LibreLinkUp app is your gateway to creating a LibreView system account in which your personal information will be stored. To create a LibreView system account via the LibreLinkUp app, you acknowledge that you must be aged 18 or over, or such other age as local law defines as an adult. Do not reveal your LibreView system account information to anyone else. You acknowledge and agree that the LibreView system is designed and intended for personal use on an individual basis, and that you should not share your LibreView system account and/or password details with another individual. You are responsible for maintaining the confidentiality and security of your LibreView system account and for all activities that occur on or through it. You agree to notify Abbott if you become aware of a security incident or breach affecting your LibreView system account, including the case where you believe your password may have been compromised. Abbott is not responsible for any lost, stolen or compromised passwords or for any activity on your LibreView system account by unauthorised users or for any losses arising from or in connection with the unauthorised use of your LibreView system account where this is caused by you.

Provision of a LibreView system account is subject to your agreement to and compliance with all the terms and conditions of these Terms of Use. You will be responsible for obtaining and maintaining any Internet connections, computing equipment and supplies necessary for you to receive, access and use the LibreView system. You agree to use the LibreView system only as expressly permitted herein. Abbott and its affiliates and its suppliers own all rights, titles and interests in and to the LibreView system.

To use the LibreView system, you must enter some of your personal information, including your country, name, date of birth, e-mail address and password, to create your LibreView system account. You agree to provide accurate and complete information when you register with, and as you use, the LibreView system, and you agree to keep your LibreView system account information accurate, up to date and complete.

3. Limitations on Use: you agree to use the LibreView system only for the purposes permitted by these Terms of Use, and only to the extent permitted by any applicable law, regulation or generally accepted practice in the applicable jurisdiction. If your use of the LibreView system or other behaviour intentionally or unintentionally threatens Abbott’s ability to provide the LibreView system, Abbott shall be entitled to take all reasonable steps to protect the LibreView system, which may include suspension of your access to the LibreView system or termination of your LibreView system account. Nothing in these Terms of Use shall be construed as conveying to you any interest, title or licence in a LibreView system account or similar resource used by you in connection with the LibreView system. You agree that you will not reproduce, copy, duplicate, sell, resell, rent out or trade the LibreView system (or any part thereof) for any purpose.

4. Permitted Uses of your LibreView System Account: these Terms of Use allow you to set up a LibreView system account: (i) if you are an individual user for yourself or other adult (anyone aged 18 or over) in your household for personal, non-business use by you and other members of your household; or (ii) if you are a professional or organisational user, you may create a LibreView system account through your organisation’s network, for use by any employee or other individual authorised by your organisation, unless you are located in France where use of the LibreLinkUp app by professional users is not permitted.

5. Prohibited Uses of your LibreView System Account: you agree that you will NOT use the LibreView system to:

(a) access the glucose readings of any individual that has not elected to share their FreeStyle LibreLink glucose readings with you;

(b) pretend to be anyone you are not or misrepresent who you are or otherwise misrepresent your affiliation with any person (including a child) by inducing them to share their LibreView system account information with you; Abbott reserves the right to reject or block any LibreView system account or e-mail address that has or could be deemed to have viewed or otherwise accessed another individual’s LibreView system account without having obtained that person’s prior authorisation;

(b) engage in any infringement of Intellectual Property Rights (including uploading any content that you do not have the right to upload);

(c) interfere with or disrupt the LibreView system (including accessing the LibreView system through any automated means, such as scripts or Web crawlers), or any servers or networks connected to the LibreView system, or any policies, requirements or regulations of networks connected to the LibreView system (including any unauthorised access to or use or monitoring of data or traffic thereon);

(d) monitor, gather, store, view or otherwise access any personal information, including health information, of any persons using an Abbott FreeStyle Libre flash glucose monitoring system without first having received their prior consent or without being otherwise authorised to do so;

(e) reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code, or modify the LibreView system, and then solely to the extent permitted under applicable law; and/or

(f) take a screenshot of the data displayed on the LibreLinkUp app and share that data with other persons, without having obtained the prior consent of the person who elected to share their LibreView system account information with you.

6. Support: you can obtain free technical support by going to the LibreView.com support site and clicking on the “Contact Support” link. Enquiries will be directed to the appropriate support teams.

7. Availability and Accuracy of Information: the LibreView system, or any feature or part thereof, may not be available in all languages or in all countries, and Abbott makes no representation that the LibreView system, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent that you choose to access and use the LibreView system, you do so on your own responsibility and are responsible for compliance with any applicable laws. Any information visible to you via the LibreLinkUp app and stored in the LibreView system is based exclusively on glucose, ketone and insulin data and other information provided by third parties. Abbott makes no representations and provides no warranties regarding the accuracy, completeness, reliability or timeliness of any data or content displayed on LibreLinkUp that has been provided by third parties, or of any data stored by you in the LibreView system. In particular, Abbott makes no representations and provides no warranties that any information based on such data will be in compliance with government regulations requiring disclosure of information.

8. Changing LibreView System Terms of Use: Abbott reserves the right to modify these Terms of Use and to impose new or additional terms or conditions on your use of the LibreView system at any time. You will be informed of such modifications and additional terms and conditions by an on-screen display when you next use the LibreView system via the LibreLinkUp app and, if you accept them, they will be effective immediately and will be incorporated into these Terms of Use. In the event that you refuse to accept such changes, Abbott will have the right to terminate these Terms of Use and your LibreView system account. You agree that Abbott shall not be liable to you or any third party for any modification or cessation of the LibreView system.

(a) For Users in the EEA and Switzerland: you will be notified of any changes to these Terms of Use when you log into the LibreView system via the LibreLinkUp app. Changes will be considered to have been accepted by you unless you inform Abbott in writing or by using electronic means agreed upon by Abbott. Abbott will draw your attention to this fact when changes are announced. If you should decide to object to any change, you must do so within six weeks after receipt of the announcement of the change. In the event of an objection, Abbott may terminate your LibreView system account with four weeks’ notice. Provision 8 does not apply to users located in the EEA and Switzerland. Additional Information for German Users: you will be able to store or print out changes to the Terms of Use in legible form.

9. Deletion of your LibreView System Account: you may delete your account at any time. Your LibreView system account and all information, including personal information, stored in your LibreView system account will be deleted on receipt and processing of your delete request. Please be aware that it may take up to 72 hours to process your request. Abbott has no responsibility for retaining/storing or backing up your LibreView system account. Abbott is not responsible for unauthorised access to, use of or alteration of your information. If you e-mail, back up, take a screenshot of the LibreLinkUp app, or otherwise share any of your personal information or information displayed by others, that information may not be encrypted and Abbott will have no means of managing the privacy or security of that information. You should take the steps that you find appropriate to protect the security of such information. Unless otherwise required by law, you agree that your LibreView system account is non-transferable and that any rights to have a LibreView system account or any data stored in the LibreView system will terminate upon your death. On receipt of a copy of a death certificate, your LibreView system account may be terminated and all data therein deleted. E-mail DiabetesCarePrivacy@Abbott.com for more information.

10. Third Party Systems and Products: the LibreView System: YOU ACKNOWLEDGE THAT YOU WILL BE USING THE LIBREVIEW SYSTEM IN CONNECTION WITH THE LIBRELINKUP APP, WHICH IS OUTSIDE THE CONTROL OF ABBOTT. ABBOTT MAKES NO INDEPENDENT CLAIMS AS TO THE VALIDITY, ACCURACY, RELIABILITY OR STATUS OF THE LIBRELINKUP APP. Any third party products that are licensed or provided to you are subject to the terms and conditions of the purchase agreement, software licence agreement, end user licence agreement or services agreement accompanying such a third party product in whatever form, including electronic licence terms or other form accepted at the time of download or purchase. Your use of any third party products shall be governed entirely by the terms and conditions of such agreement.

11. No medical advice. THE LIBREVIEW SYSTEM IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. INDIVIDUALS SHOULD ALWAYS SEEK THE ADVICE OF A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, IF THEY HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION. INDIVIDUALS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION DISPLAYED ON THE LIBRELINKUP APP.

ABBOTT IS NOT A PROVIDER OF MEDICAL CARE AND ABBOTT IS NOT RESPONSIBLE FOR NOTIFYING YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL(S) OR ANY INDIVIDUAL’S DOCTOR OR HEALTHCARE PROFESSIONAL(S) OF ANY CHANGES IN GLUCOSE READINGS. The LibreView system is designed to help individuals using the LibreLinkUp app to support those family members or friends using the FreeStyle Libre sensors to manage their diabetes through information, analysis and communication. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION ON THE LIBREVIEW SYSTEM OR ON ANY INFORMATION DISPLAYED ON THE LIBRELINKUP APP, OR RECEIVED FROM ABBOTT EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.

12. Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LIBREVIEW SYSTEM IS AT YOUR SOLE RISK AND THAT YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. Any content included in the LibreView system is for the sole purpose of providing information. Although Abbott believes the data displayed in the LibreView system to be accurate as at the time they are transmitted to the LibreView system, Abbott makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. Some of the foregoing disclaimers may be ineffective in certain countries/states/ provinces/jurisdictions, so may not apply to you in their entirety. In no case will Abbott be liable to you for any losses from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections to the LibreView system.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS PROVIDE THE LIBREVIEW SYSTEM “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY AND FREEDOM FROM VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABBOTT OR AN ABBOTT AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY.

Abbott, its affiliates and its third party providers do NOT guarantee that the functions contained in the LibreView system will meet your requirements or that the operation of the LibreView system will be uninterrupted or error-free or that any errors will be corrected. The LibreView system may be incompatible with other devices or computer software and hardware. You should not use the LibreView system for any applications in which failure could cause any significant personal injury or damage to tangible or intangible property. Some countries/states/provinces/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimers may not apply to you in their entirety. To the extent that applicable law requires Abbott to provide warranties, you agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law.

IN NO EVENT DOES ABBOTT PROVIDE ANY WARRANTY OR REPRESENTATION IN RESPECT OF ANY THIRD PARTY HARDWARE OR SOFTWARE, AND ABBOTT DISCLAIMS ALL LIABILITY IN RESPECT OF ANY FAILURES THEREOF. ABBOTT DISCLAIMS ANY AND ALL LIABILITY THAT MAY DERIVE FROM ACTION OR CLAIMS AGAINST ABBOTT OR ANY OF ITS AFFILIATES, AGENTS, OR ASSIGNEES OR OTHER THIRD PARTIES AS MAY BECOME APPLICABLE OVER THE COURSE OF THESE TERMS OF USE. SOME COUNTRIES/STATES/PROVINCES/JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

(a) For German and Swiss Users: this provision applies to you instead of section 12. The LibreView system is provided “as is” and “as available”. While seeking to avoid, as far as possible, extensive downtimes and significant impediments to the usability of the LibreView system, Abbott does not warrant or guarantee error-free and uninterrupted accessibility and usability of the LibreView system or of any of the functions contained therein. Your statutory warranty rights remain unaffected by the foregoing.

(b) For UK users: nothing in Section 12 shall affect the statutory warranties in respect of satisfactory quality, fitness for purpose or accuracy of description.

13. Limitation of Liability: NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR, THE ENTIRE LIABILITY OF ABBOTT, ITS AFFILIATES AND ANY OF ITS THIRD PARTY PROVIDERS UNDER ANY PROVISION OF THESE TERMS OF USE AND YOUR EXCLUSIVE REMEDIES FOR ALL OF THE FOREGOING SHALL BE LIMITED EITHER TO THE FIXING, REPAIRING OR OTHER CORRECTION OF ANY FAULTS WITHIN THE LIBREVIEW SYSTEM, EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED BY THE PARTIES, OR, WHERE APPLICABLE, TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO THE LIBREVIEW SYSTEM ACCESS OR $10.00, WHICHEVER IS THE GREATER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL ABBOTT, ITS AFFILIATES OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR MONETARY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING FROM OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LIBREVIEW SYSTEM, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED OR THAT MAY BE USED WITH THE LIBREVIEW SYSTEM, FOR LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE DUE TO YOUR DOWNLOADING ANY MOBILE APP/MATERIAL/WEBSITE LINKED TO THE LIBREVIEW SYSTEM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE), EVEN IF ABBOTT, ITS AFFILIATES OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS ITS ESSENTIAL PURPOSE. ONLY YOU CAN IMPLEMENT THE BACK-UP PLANS AND SAFEGUARDS NECESSARY TO APPROPRIATELY ADDRESS YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE LIBREVIEW SYSTEM CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU UNDERSTAND AND AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR TERMS OF USE TO THIS PROVISION, ANY APPLICABLE FEE CHARGED WOULD BE HIGHER.

Some countries/states/provinces/jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you.

(a) For UK and Swiss Users : nothing in these Terms of Use shall exclude our liability for death or personal injury arising from our negligence or fraudulent misrepresentation in connection with the LibreView system.

(b) For German Users : Abbott will be liable for any culpable breach of material contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations that must be fulfilled to permit proper execution of these Terms of Use and may regularly be relied upon by you. Abbott’s liability will otherwise be limited to gross negligence and wilful misconduct. In the event of any liability on the part of Abbott due to a mildly negligent breach of cardinal obligations or minor misconduct on the part of simple vicarious agents, Abbott’s liability will be limited to typically foreseeable damages. This will not affect any mandatory statutory liability, in particular Abbott’s liability in connection with loss of life, bodily injury or illness or its liability in connection with the German Product Liability Act. Provision 13 does not apply to users located in Germany.

14. Indemnity: you agree to indemnify, defend and hold harmless Abbott, its affiliates and their respective officers, directors, employees, agents, successors, assignees and licensors from and against any and all claims, demands, liabilities, losses, costs and expenses (including lawyers’ and experts’ fees) made by a third party due to or arising from, or related to a violation of these Terms of Use or laws, regulations or third party rights, including any infringement of copyright or Intellectual Property Rights of any third party by you or others in your household or organisation or otherwise in connection with your or their use of the LibreView system, whether by negligent act, omission, or wilful misconduct.

15. Licence: Abbott does not claim ownership of the data you transmit or submit to the LibreView system or any LibreView information displayed to you via the LibreLinkUp app. By disclosing your personal information to Abbott, you grant it a worldwide, royalty-free, non-exclusive licence to use, distribute, reproduce, modify, adapt, publish and translate such data for the purpose of providing you with the LibreView system. Abbott may create, access, retain and use, or disclose to third party researchers, aggregated, anonymised, de-identified (or pseudonymised to the extent permitted by your law) data derived from the LibreView system for the purposes of research, to evaluate how the LibreView system is provided, to evaluate its use and its various components and equipment, to evaluate performance or impact on clinical staff or across clinics, to enhance the functioning of the LibreView system and the FreeStyle Libre sensors, to validate LibreView system upgrades, or for product development. You agree that the licence herein permits Abbott to take any such action.

16. Feedback: any data, comments or material that you supply via the LibreView system or provide to Abbott in order to receive support, including feedback data, such as questions, comments, suggestions or the like (“Feedback”) shall be deemed to be non-confidential and non-proprietary. Abbott shall have no obligation of any kind in respect of such Feedback, and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works and distribute the Feedback to others without limitation, except for health information and personal information that might be included in the Feedback but is subject to “Section 15. Licence” above. Furthermore, Abbott shall be free to use any idea, concept, know-how or technique contained in such Feedback for any purpose whatsoever, including developing, manufacturing and marketing products incorporating such Feedback.

17. Trademarks: LibreView, FreeStyle LibreLink, LibreLinkUp, FreeStyle Libre, FreeStyle and related brands are trademarks of Abbott Diabetes Care Inc. in various jurisdictions. Other trademarks are the property of their respective owners. No licence or right, express or implied, is granted to you in any of the aforementioned trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the LibreView system. No use of any Abbott trademark, trade name, or trade dress may be made without the prior written authorisation of Abbott, except to identify the product or services of the company.

18. Proprietary Rights: you acknowledge and agree that Abbott and/or its licensors own all legal rights, titles and interests in and to the LibreView system, including but not limited to graphics, user interface, the scripts and software used to implement the LibreView system, and any software or documents provided to you as part of and/or in connection with the LibreView system, including all Intellectual Property Rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the LibreView system contains proprietary and confidential information that is protected by applicable Intellectual Property Rights and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the LibreView system in compliance with these Terms of Use. No portion of the LibreView system may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use or where permitted by applicable law. You shall not remove any product identification, copyright notices or proprietary restrictions from the LibreView system. You expressly acknowledge and agree that LibreView system access is licensed and not sold to you, and that Abbott, its licensors, affiliates, and its suppliers, grant you a non-exclusive licence to use the LibreView system on the basis of these Terms of Use, and that your use of the LibreView system is also subject to any rules or policies applied by any app store provider as such, but not limited to Google Play Store, or by Abbott’s third party providers as such as, but not limited to, Newyu. Therefore, you agree that Abbott and/or its licensors shall not transfer to any user any ownership or proprietary rights in the LibreView system, any Intellectual Property Rights, or any other technology, information or materials, and that Abbott, its affiliates, its suppliers, and its licensors, shall retain exclusive ownership of all rights, titles and interests in all aspects of the LibreView system, any Intellectual Property Rights, and all other technology, information and materials, as well as any and all copies or modifications thereof (by whomever made and whenever made). RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ABBOTT AND/OR ITS LICENSORS. The use of this material and the associated rights of Abbott, its affiliates and its suppliers are hereby acknowledged solely to the extent that the foregoing is ineffective in certain countries/states/
provinces/jurisdictions.

19. Termination of Your LibreView System Account: this Privacy Notice and these Terms of Use are effective upon your creation of a LibreView system account and shall continue in effect until terminated. You may ask Abbott to delete your LibreView system account at any time. Abbott may suspend or terminate your LibreView system account for any of the following reasons without advance notice to you:

• any violation by you of this Privacy Notice and these Terms of Use;

• failure to provide accurate, up-to-date and complete LibreView system account information;

• failure to report any security incident or any actual or suspected compromise of your password or LibreView system account.

20. Applicable Law: these Terms of Use shall be governed and construed in accordance with the laws of the State of Illinois without regard to its choice of legal provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern to the fullest extent possible. You agree that the place of entire performance of these Terms of Use shall be the State of Illinois, and you agree that jurisdiction and venue are those of the state and federal courts located in the State of Illinois, United States of America, in respect of any proceedings arising from these Terms of Use or the relationship between the parties hereto. The parties hereby agree that the United Nations Convention on Contracts for the International Sales of Goods does not govern these Terms of Use. For EEA and Swiss Users: the foregoing shall not apply, except in respect of these Terms of Use not being governed by the United Nations Convention on Contracts for the International Sale of Goods. For such users, the governing law of your country of residence shall apply. For EEA and Swiss Users: alternative dispute resolution is a process in which an independent body considers the facts of a dispute and seeks to resolve it, without your having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the European Commission Online Dispute Resolution platform.

21. Entire Terms of Use: this Privacy Notice and these Terms of Use constitute the entire agreement between you and Abbott relating to the LibreView system, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations in respect of the LibreView system or any other subject matter covered by these Terms of Use. In the event of a conflict between the English and any non-English versions of these Terms of Use, the English version shall take precedence.

If any provision of this Privacy Notice and these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Privacy Notice and these Terms of Use will remain in full force and effect.

YOU ACKNOWLEDGE THAT YOU ARE AGED 18 OR OVER, OR SUCH OTHER AGE AS LOCAL LAW DEFINES AS AN ADULT, HAVE READ THIS PRIVACY NOTICE AND THESE TERMS OF USE, UNDERSTAND ALL SUCH TERMS AND CONDITIONS AND AGREE TO BE BOUND THEREBY.

BY CLICKING THE "ACCEPT" BUTTON OR BY USING OR OTHERWISE ACCESSING THE LIBREVIEW SYSTEM, YOU INDICATE THAT YOU INTEND THIS ACTION TO SERVE AS: (A) YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF AND CONSENT TO THIS PRIVACY NOTICE; AND (B) YOUR SIGNATURE TO THIS PRIVACY NOTICE AND THESE TERMS OF USE IS TO HAVE THE SAME FORCE AND EFFECT AS THE USE OF A MANUAL SIGNATURE.

Please print a copy of this Privacy Notice and the Terms of Use for your records.

IF YOU DO NOT ACCEPT ALL TERMS OF THIS PRIVACY NOTICE AND THESE TERMS OF USE, DO NOT CLICK THE ACCEPT BUTTON AND DO NOT USE THE LIBREVIEW SYSTEM.

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