Last Revision: January 16, 2020
1. Purpose and Scope
The purpose of this Policy is to inform you about our privacy practices and to ensure that you understand the purposes for which we collect and process your Personal Data. The following is a brief summary of the manner and purposes for which we process your Personal Data.
This Policy does not apply to any data insofar as it is held, processed, disclosed or published in a form which cannot be linked to a living individual (such as anonymized data, aggregated data, or coded data which, in a given form, cannot effectively be used to extract your Personal Data) (“Anonymized and Aggregated Data”). We reserve the right to generate Anonymized and Aggregated Data extracted out of any databases containing your anonymized Personal Data and to make use of any such Anonymized and Aggregated Data as we see fit.
3. Data We Collect
Personal Data That You Provide Through the Services
We collect Personal Data (such as name, email address, phone number, address (city, state, zip), and other health-related information) from you when you voluntarily provide such information by taking advantage of certain functionalities on our Website, such as “Find a CORUS Surgeon”, or “Contact Us”. You may also provide Personal Data when you contact us for more information on our Services or contact us for other reasons as well as content you share through the Services. register for access to the Services (e.g., creating an account), or use certain Services. You have control over the information you share in your account profile. If you share confidential information through the Services, there is no guarantee that information will stay confidential. Please think about this before you share it.
Data from Others
Data Collected through Your Use of the Services
When you interact with the Services, we do not store certain information using various technologies, such as your Internet Protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, mobile carrier, mobile device type, details about your browser, operating system or device, or other unique identifiers.
Cookies, Pixels, and Other Technologies
Some technologies may automatically collect information through users’ use of websites, applications, or other services. Cookies, Pixels, and other technologies (“Technology” or “Technologies”) are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow entities to record certain pieces of information whenever you visit or interact with websites, applications, or other services.
A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. A “pixel tag” (also known as a “web beacon”), is a piece of code embedded within a website, email, or application that collects information about users’ engagement.
PMT does not use any Technologies to automatically collect information from you.
Services Via Mobile Devices
PMT provides Services that are specifically designed to be compatible and used on mobile devices. PMT will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device only to the extent necessary to provide the Service via your mobile device. PMT may enable individuals to download an application, widget, or other tools that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices and may enable individuals to access the Services.
4. Our Use of Personal Data and Other Information
- Provide you with the information, products, and services that you request from us or that are similar to those that you have inquired about
- Respond to questions, comments, and requests, and otherwise communicate with you
- Provide you access to certain areas, functionalities, and features of our Services
- Provide you with notifications and customized materials
- Manage accounts
- Measure interest in and engagement with the Services
- Conduct research and development
- Prevent fraud or other potentially prohibited and/or illegal activities
- Comply with laws and regulations
- Improve on and develop new Services
- Detect and resolve bugs and other software issues
For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such Services and to evaluate improvement opportunities for the Services. PMT may also use Personal Data and other information collected through the Services to help us improve the content and functionality of the Services, better understand our users, or otherwise improve your experience with the Services.
Investigation of Product Complaints
PMT and the Services are wholly owned and operated by Providence Medical Technology, Inc. (“PMT”), a privately-held medical device company with an office located at 3875 Hopyard Road, Suite 300, Pleasanton, CA 94588.
PMT is obligated by the Food and Drug Administration (“FDA”) to report and investigate complaints regarding PMT products. PMT may investigate complaints regarding PMT products provided via the Services as required by the FDA. If you submit a complaint via the Services, PMT may use your personal information as part of its investigation.
PMT does not participate in behavioral or targeted advertising, either on the Services or elsewhere. Additionally, PMT does not permit users or other third parties to advertise on the Services.
Research and Development
PMT may use Personal Data, alone or with information obtained from other sources, in order to help us to optimally deliver our existing Services or develop new Services. We may perform research (online and offline) via surveys or otherwise within specific, opt-in areas of the Services. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve individuals by learning more about their needs and the quality of the Services we provide. The survey responses may be utilized to determine the effectiveness of our Services. If an individual participates in a survey, the information given will be used along with that of other study participants.
5. Our Disclosure of Personal Data and Other Information
PMT will not sell your Personal Data. We consider information to be a vital part of our relationship with you. We may, however, share Personal Data with any member of our corporate group and with certain third parties as set forth below:
Your Account Profile
Any Personal Data included in your account profile will be available to other users. Your contact information will not be included in your profile unless you choose to include it. You can edit the information available in your profile.
Business Associates and Third Parties
PMT, like many businesses, sometimes hires other companies to perform certain business-related functions and we may share any Personal Data we collect with our third-party service providers for the purpose of maintaining and/or improving the Services or for the performance of any contract we enter into with them or with you. Examples of such functions include data storage and cloud services. Where information is shared with such third parties, we ensure that the third-party service provider will deal with your information only on our behalf based on our instructions and solely for the benefit of our business and not for the third party’s benefit.
PMT does not disclose your personal information to third parties for the third parties’ direct marketing purposes.
As noted above, PMT may also disclose personal information as required by the FDA in connection with reporting and investigating complaints regarding PMT products.
6. Data Processing, Storage, and Transfers
You agree that all Personal Data collected via or by PMT may be transferred, processed, and/or stored in the United States in the cloud, on our servers, or on the servers of our service providers. By providing information to PMT, you explicitly consent to the storage of your Personal Data in these locations.
While we take precautions to protect your Personal Data, not all data transmission over the internet may be secure and PMT cannot guarantee its security.
7. Your Rights and Choices
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. The Services do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. However, as noted above, the Services do not collect information about your webpage visits or how you browse across websites.
You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. On many mobile devices, application users may opt out of certain mobile data collection via their device settings. As noted above, the Services do not store information about your mobile device and collect only the information necessary to provide the Services to your mobile device.
Inquiry into Processing of Personal Data
Consistent with applicable laws, you may inquire as to whether PMT is processing Personal Data about you, request access to Personal Data, and ask that we correct, restrict, provide a copy of, or delete Personal Data by contacting us at email@example.com. Please include your full name, email address associated with your account, and a detailed description of your data request. Such requests will be processed in line with local laws.
Although PMT makes good faith efforts to honor individual requests with respect to Personal Data, there may be circumstances in which PMT is unable to do so, including but not limited to: where the information contains legal privilege; would compromise others’ privacy or other legitimate rights; where the burden or expense would be disproportionate to the risks to the individual’s privacy in the case in question; or where it is commercially proprietary. If PMT determines that your rights should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, PMT will take commercially reasonable steps to verify your identity before granting access to or making any changes to Personal Data.
You have the right to opt out of certain uses and disclosures of your Personal Data. Where you have consented to PMT’s use of your Personal Data, you may withdraw that consent at any time and opt out of further use by contacting us at firstname.lastname@example.org. Even if you opt out, we may still collect and use non-identifiable data regarding your activities on the Services.
If you use the Services via a mobile application, we may occasionally send you push notifications through the mobile application with notices that may be of interest to you. You may at any time opt out from receiving these types of communications by removing the mobile application from your mobile device or changing the push notification settings on your mobile device.
Rights of California Residents
California law permits users who are California residents to request and obtain from us, once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Data (if any), for their direct marketing purposes, in the prior calendar year, as well as the type of Personal Data disclosed to those parties. PMT does not share Personal Data with third parties for the third parties’ own marketing purposes.
Rights of EU Residents
Users based in the European Union have the following legal rights in respect to their information:
a) The right to require PMT to confirm whether or not their information is being processed, the purpose of any such processing, the recipients of any information that has been disclosed, the period for which their information is to be stored and whether any automated decision-making processes are used in relation to their information;
b) The right to require PMT to rectify inaccurate information without undue delay;
c) The right to request the erasure of their information. Subject to certain conditions, PMT may be required to erase the information in response to such request where:
a. the information is no longer necessary in relation to the purpose for which it was collected, such as where a user chooses to terminate his or her use of the Services;
b. where the processing of the information is based on the user’s consent (and the other circumstances described in the ‘Our Use of Personal Data and Other Information’ and ‘Our Disclosure of Personal Data and Other Information’ sections above no longer apply), if the user withdraws his or her consent; or
c. the user objects to the processing of his or her information and there are no overriding legitimate grounds for the processing.
d) Where PMT has disclosed the information of a European Union user to a third party and the user requests the erasure or rectification of the data, PMT will take all reasonable steps to inform the third party of such request.
e) The right to restrict PMT from processing their information in certain circumstances, such as where the accuracy of that information is disputed or an objection has been raised (see below). In such circumstances, PMT will only process that information with the express consent of the user, or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest;
f) The right to receive their information from PMT in a structured, commonly used and machine-readable format;
g) The right to object to the processing of their information by PMT where: PMT has relied on the ‘legitimate interest’ basis for processing that information, in which case we will immediately stop processing the user’s information unless we have compelling legitimate grounds which override the interests, rights, and freedoms of the user; or the information is used for direct marketing purposes, in which case we will immediately stop processing the user’s information for such purposes.
h) The right to lodge a complaint with the data protection supervisory authority of the EU member state where the user resides.
i) The right to contact our Data Protection Officer at: Michael Miller, 3875 Hopyard Rd. Suite 300 Pleasanton, CA 94588, email@example.com
The above legal rights of EU residents are subject to various conditions and exceptions including where the data is used for statistical or scientific research purposes and the exercise of the right would prevent such purposes from being attained or would seriously impair their attainment.
8. Children’s Information
Our Services are not directed to children under 16 (or other age as required by local law), and we do not knowingly collect Personal Data from children. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction, which is not less than 18 years of age. If we learn that we have collected any Personal Data about a child in violation of applicable laws, we will promptly take steps to delete such information and terminate the child’s account.
9. Patient Information
PMT does not intentionally collect Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996, its amendments and the rules promulgated thereunder (“HIPAA”), personally identifiable information of patients, or other patient information. If you have reason to believe that any such information is available through the Services, please contact us at firstname.lastname@example.org.
10. Data Retention
PMT takes reasonable steps to protect the data (personal, public, non-public, and otherwise) provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, the Internet cannot be guaranteed to be completely secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for any unintentional disclosures.
By using the Services or by providing Personal Data to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.
12. Sites and Services of Others
13. Contact Information