Last Updated: July 2023

Quidel Corporation and its affiliates (“Quidel”, “we” or “us”) provides the web and mobile-based versions of the QVue Application (the “App”) for instructing users on how to perform tests manufactured by Quidel or otherwise supported by the App, such as Quidel’s QuickVue^® tests (each a “Quidel Test”), read the results of Quidel Tests (“Results Data”) and for storing, sharing and/or reporting Quidel Test results. This privacy notice (“Privacy Notice”) explains how Quidel uses and handles your personal information when you use the App, and what we strive to do to keep personal information secure when using the App. If you use the App on behalf of any other individual, you represent and warrant your authority to do so and, for purposes of this Privacy Notice, references to “you” and “your” refer to you or to such individual, as applicable. For purposes of this Privacy Notice, “Authorized User” means an individual who creates an App account and uses it to perform a Quidel Test.

PLEASE REVIEW THIS PRIVACY NOTICE CAREFULLY. Upon registration and each time you access or use the App, including when you submit information to or through the App, you consent to the collection and processing of your information as described in this Privacy Notice, including the disclosure of your personal information to federal, state, local and tribal health authorities, pursuant to our arrangements with such parties, as discussed in the section entitled “Disclosure of Personal Information by Quidel”.

This Privacy Notice is subject to the Quidel QVue Application Terms of Service (the “Agreement”). Capitalized terms used in this Privacy Notice that are not defined herein shall have the meaning set forth in the Agreement.

IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE OR THE AGREEMENT, PLEASE DO NOT USE THE APP. You may still perform a Quidel Test using the written user instructions leaflet included with each Quidel Test.

We collect and process Authorized User’s personal information when setting up and using the App, which includes or may include: your full name, email address, home address, phone number, gender, date of birth, race, ethnicity, occupation, vaccine status, vaccine type and date vaccination was received, and Results Data.

This personal information will be made available to individuals authorized by Quidel for purposes of storing and sharing Authorized User’s information, and by other recipients in accordance with this Privacy Notice. By accessing and/or using the App, you consent to make your Results Data and other personal information about you available as permitted by applicable law, including, without limitation, to federal, state, local and tribal health authorities, and Quidel’s service providers.

We limit who we provide access to and share personal information with. In no instance will we ever sell your personal information to any third party for monetary consideration.

We use personal information as described in this Privacy Notice including to: (1) provide the Authorized User with access to the App; (2) supply recipients with Results Data in accordance with this Privacy Notice; and (3) comply with legal obligations, including those related to safety, quality and improvement.

We will share personal information with our affiliated companies and service providers including to help support and provide technical assistance for the App, for compliance purposes, or to detect systemic issues. This Privacy Notice applies to Quidel’s and its affiliates’ processing, transfer, and storage of personal information, as well as the processing of personal information by our service providers.

We store personal information on servers in the United States. Where your location grants you certain rights in relation to your personal information, we will respond to such requests. By making your personal information available to Quidel, you represent and warrant that Quidel’s use of your personal information in accordance with this Privacy Notice will in no way violate data privacy or other applicable laws.

If you have questions, comments, or complaints about Quidel’s privacy practices, please email us at privacy@quidelortho.com.

If we update this Privacy Notice with material changes, we will alert you via the App.

We collect information (including personal information and Traffic Data) when you use and interact with the App, and in some cases from third party sources. Such means of collection include:

• When you use the App’s interactive tools and services;
• When you voluntarily provide information through the App or through responses to surveys, questionnaires and the like within the App;
• If you use a location-enabled browser, we may receive information about your location and mobile device, as applicable;
• When you send us an email or otherwise contact us; and
• Through use of features on your device. If you take a photograph of your Quidel Test to read Results Data and enable access to photos and data on your device, this includes use of your device’s camera to capture an image of your test and your device’s local storage to temporarily save and pre-process the image. The App accesses storage on the device only to store files created by the App on a user’s device.

The following categories of personal information are or may be processed for purposes of the App:

• full name;
• email address;
• zip code;
• street address;
• city;
• county;
• phone number;
• gender;
• sex assigned at birth;
• date of birth;
• race;
• ethnicity;
• occupation;
• vaccine status, vaccine type, and date vaccination was received;
• Results Data;
• symptoms;
• type of Quidel Test;
• photographs of the Quidel Test;
• information about App performance and usage; and
• any other information that may be required to be collected by us pursuant to regulatory requirements.

In order to access and use certain areas or features of the App, you hereby consent to our collection and use of certain information about your use of the App through the use of tracking technologies or by other passive means. Your consent to our access and use of this metadata and “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the App, search engines used, the internet protocol (IP) address used and the geographic location data associated with such IP address, the length of time spent on the App, the pages you looked at on the App, other webpages you visited before and after visiting the App, the type of internet browser you have, the frequency of your visits to the App, and other relevant statistics (“Traffic Data”).

We may use tools outlined below in order to provide the App and better understand users.

• Analytics: We may use our internal analytics tools in connection with the App, including, for example, to register scrolling activity and text typed into the App. We use the information collected from these services to help make the App easier to use and as otherwise set forth in the section entitled “Quidel’s Use of Your Personal Information”. These internal analytics tools generally do not collect personal information unless you provide it.

• Mobile Device Identifiers: Mobile device identifiers help Quidel learn more about our users’ demographics and behaviors on the App in order to personalize and improve the App. Mobile device identifiers are data stored on mobile devices that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of personal information (such as media access control, address and location) and Traffic Data.

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to web services that a visitor does not want to have their online activity and behavior tracked. If a web service operator elects to respond to a particular DNT signal, the web service operator may refrain from collecting certain personal information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many web service operators, including Quidel, do not proactively respond to DNT signals. For more information about DNT signals, visit https://allaboutdnt.com/.

Quidel processes personal information, such as testing information, including for the following purposes:

• to provide the Authorized Users with access to the App, Quidel Tests and related services;
• to provide Results Data to the Authorized User or other recipients as permitted by this Privacy Notice;
• to keep a record of an Authorized User’s contact with Quidel when the Authorized User contacts Quidel directly;
• for quality management and research, and educational purposes, including product development, improvement, safety, performance, and vigilance;
• to validate upgrades, and to keep the App and/or related applications safe and secure;
• to provide public health-related data to federal, state, local and tribal health authorities, pursuant to our arrangements with such parties, or as required under applicable law;
• to perform broader analysis to detect systemic issues for public interest and to share aggregate Results Data and inputs with healthcare providers and administrators, public health officials and the general public for purposes of public health;
• to develop and test the App, including new and existing features and functionality, and to test and improve the App and/or related applications for product development;
• to develop other products and services;
• to fulfill your requests and provide customer service; and
• to comply with government and regulatory requirements.

Personal information received through the App is stored on servers in the United States controlled by Quidel and/or our service providers.

Quidel may use personal information where legally required, including to respond to any competent regulatory, law enforcement body or government authorities, to address national security or epidemics, to respond to a judicial proceeding, court order, government request or legal process served on us, to protect the safety, rights, or property of Quidel, our customers, or the public, and to exercise, establish or defend Quidel’s legal rights or 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.

Personal information collected via the App will be retained for as long as necessary to fulfill the purpose for which it was collected or as required to comply with applicable laws and regulations.

By accessing and/or using the App, you consent to the sharing of your personal information, including as follows:

• We share personal information with federal, state, local and tribal health authorities, pursuant to our arrangements with such parties, or as required under applicable law.
• We share your Results Data and other personal information with whom you request us to. Please note that when you request us to share your Results Data and other personal information through the App, such sharing is done through the native function of your phone (i.e., iOS or Android), which may or may not encrypt your information.
• We reserve the right to share personal information where legally required, including to respond to any competent regulatory, law enforcement body or government authorities, to address national security or epidemics, to respond to a judicial proceeding, court order, government request or legal process served on us, to protect the safety, rights, or property of Quidel, our customers, or the public, and to exercise, establish or defend Quidel’s legal rights or 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.
• We share personal information with third-party suppliers solely to provide, maintain, host, and support the App. Where we provide personal information to third-party suppliers to assist us with the App, they are required to keep your personal information confidential and secure and to use personal information to the minimum extent necessary.
• Where possible, we use third-party service providers to assist with system errors, and we reserve the right to share personal information with such third-party service providers so that we can support and improve the App.
• We will transfer and assign personal information in connection with or in the event of a sale, merger, reorganization, liquidation, change in control or transfer of Quidel or a product line or division or other sale by or of us or any affiliated entity (in each case whether in whole or in part), so that the acquiror can continue to provide you with the App. For the avoidance of doubt, we will not sell or license your personal information for monetary consideration to third parties.
• You authorize us to share your personal information with our affiliates, agents, third-party service providers, and partners, across borders and from your country and jurisdiction to any other countries and jurisdictions across the world for the purposes specified under this Privacy Notice or as may be required by law.

The App may provide links to websites and other third-party content that is not owned or operated by Quidel or subject to this Privacy Notice. The websites and third-party content to which we link may have separate privacy notices or policies, and you should check the privacy policies of such third-party websites before submitting personal information. Quidel is not responsible for the privacy practices of any entity that it does not own or control. If you provide any personal information through a third-party website, your interaction and your personal information will be collected by and controlled by the privacy policy of that third-party website. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties, which are not governed by this Privacy Notice.

Quidel has implemented reasonable security controls within the App designed to protect personal information from accidental or unlawful destruction or accidental loss, alteration, disclosure, or access, and you hereby agree that such measures are secure and adequate. For example, personal information collected via the App is encrypted before transmission. The App includes various security measures to enhance the security of your profile which are designed to protect against unauthorized access to, or disclosure of, personal information. Only those persons authorized by Quidel or the Authorized User will have access to that Authorized User’s profile and only through unique IDs and passwords.

It is Quidel’s practice to take reasonable steps to secure the App; however, the confidentiality of information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting personal information over the Internet, especially personal information related to your health. Quidel cannot guarantee that unauthorized third parties will not gain access to your information; therefore, when submitting personal information to the App, you should weigh both the benefits and the risks.

You can always choose whether or not to provide personal information through the App. However, if you choose not to disclose certain personal information, you may not be able to register as a user of the App, which may limit your access to certain portions of the App. We will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services.

In the preceding 12 months, we collected and disclosed for a business purpose the following categories of personal information about California consumers:

Categories of Sources. We have collected the above personal information directly or indirectly from you as set forth in the section entitled “Collection and Processing of Your Personal Information”.

Purposes for Collection and Disclosure. We collect and disclose the above personal information for the purposes, as further described in the section entitled “Quidel’s Use of Your Personal Information”, including for our business purposes and as follows:

• Auditing related to our interactions with you;
• Legal compliance;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and exercising our related rights;
• Debugging;
• Performing services (for us or our service provider);
• Internal research for technological improvement;
• Internal operations;
• Activities to maintain and improve our services; and
• Other one-time or short-term uses.

We will retain the above personal information for as long as necessary to fulfill the purpose for which it was collected, or as required by applicable laws or regulation.

Where applicable, if you are a California resident you may have the following rights under the California Privacy Rights Act (“CPRA”) in relation to personal information we have collected about you, to the extent required by the CPRA and subject to verification and any applicable exceptions:

Right to Know/Access: You have the right to request that we disclose certain information to you about our collection and use of certain personal information about you as described below:

• The specific pieces of personal information collected;
• The categories of personal information collected;
• The categories of sources from whom the personal information is collected;
• The purpose for collecting, selling or sharing the personal information;
• The categories of third parties with whom we have disclosed the personal information;
• The categories of personal information that we have sold or shared, and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each third party to whom the personal information was sold or shared;
• The categories of personal information that we disclosed for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

Right to Delete: You have the right to request that we delete your personal information, subject to certain exceptions.

Right to Correct Inaccurate Personal Information: You have the right to request that we correct inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

Right to Opt-Out of Sale or Sharing: We do not “sell” or “share” your personal information as such terms are defined under the CPRA. We do not have actual knowledge that we sell or share the personal information of consumers under the age of 16.

Right to Limit the Use and Disclosure of Sensitive Personal Information for Certain Purposes: Quidel does not use or disclose your sensitive personal information as defined under the CPRA, for purposes other than what is permitted under the CPRA.

Freedom from Discrimination: You have the right to be free from unlawful discrimination for exercising any of the rights above.

To make a request in relation to the above rights, please contact us using the information in the “Contact Us” section below or for requests to delete or correct, you may go to your account settings and either request to delete your account or correct your information yourself. To fulfil your request, we will need to verify your identity either: (i) through the normal account authentication process, meaning you will need to sign on with your username and password; or (ii) if you do not have an account with us, we may ask you to provide us with additional information depending upon the type of request, the type, sensitivity and value of the personal information that is the subject of the request, and the risk of harm to you that may occur as a result of unauthorized access or deletion, among other factors. Only you, or someone legally authorized to act on your behalf, may make a request related to personal information collected about you. To designate an authorized agent, you must provide the agent with signed written permission to submit requests on your behalf.

Virginia, Colorado, Connecticut and Utah Residents
The categories of personal information we process about you is set forth in the section entitled “Collection and Processing of Your Personal Information”. The purposes for processing such personal information are set forth in the section entitled “Quidel’s Use of Your Personal Information”. We share the personal information we process about you with the third parties set forth in the section titled “Disclosure of Personal Information by Quidel”.

If you are a resident of Virginia, Colorado, Connecticut and Utah, you have the rights to:

• Confirm whether or not we are processing your personal information and access such personal information;
• For Virginia, Colorado and Connecticut residents, correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of your personal information;
• Delete personal information provided by, or, for Virginia, Colorado and Connecticut residents obtained about, you;
• Obtain a copy of your personal information we process, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance, where the processing is carried out by automated means; and
• Opt out of the processing of personal information for purposes of:
  • Targeted advertising;
  • The sale of personal information; or
  • For Virginia, Colorado and Connecticut residents, profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
  • Please note that Quidel does not process your personal information for purposes of targeted advertising, the sale of personal information or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

You may exercise these rights by contacting us using the information in the “Contact Us” section below or for requests to delete or correct, you may go to your account settings and either request to delete your account or correct your information yourself. In the event we deny your request, you may appeal our denial by contacting us in the same manner by which you submitted your request.

Under Nevada law, Quidel does not sell your personal information. However, if you are a Nevada resident, you may submit a request that we not sell any personal information we have collected about you by contacting us using the information in the “Contact Us” section below.

The App is not intended for use by children and individuals under the age of 18 are prohibited from using the App. Quidel does not knowingly collect any information from children, nor is the App directed to children. If you are under 18, please do not attempt to register for the App or send any personal information about yourself to us. By accessing, using and/or submitting information to or through the App, you represent that you are not younger than age 18. If you are a parent or legal guardian of a minor child, you may, in compliance with this Privacy Notice, use the App on behalf of such minor child. Any information that you provide us while using the App on behalf of your minor child will be treated as personal information as otherwise provided herein. If you use the App on behalf of another person, regardless of age, you represent and warrant that you have authority to do so.

If you have questions, concerns or complaints about your personal information in the App, please contact us by calling us at 1-833-784-2588 or by emailing privacy@quidelortho.com. Alternatively, you may send a letter to the following address:

Quidel Corporation
Attention: Legal Department
9975 Summers Ridge Rd
San Diego, CA 92121

In all communications to Quidel, please include the email address used for registration (if applicable), the website address or the specific Quidel program to which you provided personal information (e.g., Quidel.com, myquidel.com, etc.) and a detailed explanation of your request. We will do our best to respond to all reasonable requests in a timely manner.

Quidel reserves the right to amend this Privacy Notice at any time. If Quidel changes its privacy practices, a new Privacy Notice will reflect those changes and the effective date of the new Privacy Notice will be set forth at the beginning of this Privacy Notice.

Without prejudice to your rights under applicable law, we reserve the right to update and amend this Privacy Notice, without prior notice to you, to reflect technological advancements, legal and regulatory changes, and good business practices to the extent that they do not change the privacy practices as set out in this Privacy Notice.