LAST UPDATE: February 5, 2018

NextPhase Medical Devices LLC and its affiliates (“NextPhase”, “we”, “our”, and “us”) respect your concerns about privacy and personal data protection and value our relationship with you.  This Website Privacy Policy (the “Policy”) applies solely to personal information collected through the NextPhase website and services and web pages that post, specifically reference, and incorporate this Policy (all of the foregoing, collectively, the “Site”), whether accessed via computer, mobile device or other device.

This Policy describes the types of personal information we collect through the Site and how that personal information may be used and/or with whom it may be shared.  This Policy also describes how you can reach us to update your personal information, access and control the use of the personal information, or get answers to questions you may have about our privacy practices at this Site.  Please read this Policy carefully, because by accessing and using this Site you are acknowledging that you understand and agree to the terms of this Policy.

  1. COLLECTION AND USE OF PERSONAL INFORMATION

Personal Information You Provide

The privacy and security of the personal information that NextPhase collects from you is a priority for NextPhase.  When you visit this Site you may be asked or choose to provide personal information that could reasonably be used to contact you or to identify you personally including, but not limited to: your name, email address, address, phone number. We may combine the personal information you submit directly through this Site with other personal information we have collected from you, whether on- or offline.  We may also combine it with information we receive about you from other sources, such as other companies, publicly available information sources, and other third parties.

Passive Information Collection and Use

As you navigate around this Site, certain information can be passively collected (that is, gathered without you actively providing the information), using various technologies.  We passively collect and use information in a variety of ways, including:

  • Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type, screen resolution, operating system version, and Internet browser type and version.  We may collect similar information, such as your device type and identifier, if you access this Site through a mobile Device.
  • Cookies: Cookies are pieces of information stored directly on the computer you are using.  Cookies allow us to collect information such as browser type, time spent on this Site, pages visited, and language preferences.  We and our service providers use the information for security purposes, to facilitate navigation, and display information more effectively.  In addition, we use cookies to gather statistical information about Site usage in order to continually improve its design and functionality, understand how individuals use it, and to assist us with resolving questions regarding it.

You can choose to accept or decline cookies.  Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer.  If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) to disable existing cookies; or (iii) to set your browser to automatically reject any cookies.  If you set your browser to reject cookies, part of the Site may not work for you.

  • Pixel tags, web beacons, clear GIFs, or other similar technologies: These may be used in connection with some Site pages to, among other things, track the actions of Site users and compile statistics about Site usage and response rates.
  • IP Address: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider.  An IP Address is identified and logged automatically in our server log files whenever a user visits this Site, along with the time of the visit and the page(s) that were visited.  Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.  We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering this Site.
  • Do Not Track Requests: Some web browsers incorporate a “Do Not Track” (DNT) or similar feature that signals to digital devices that a visitor does not want to have his/her online activity tracked. Because not all web browsers offer DNT options and DNT signals are not yet uniform, we and many other digital service operators do not respond to DNT signals.

We may permit third-party advertising partners to use the foregoing tracking technologies to collect information about your browsing activities over time and across different websites when you use the Site.  For example, we may be using third party advertising services on the site to prepare reports regarding our website’s usage.  Certain third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

How We Use and Disclose Information

We may use, disclose and transfer personal information from or about you:

  • to contact you in the future about NextPhase products, services, etc;
  • to share with websites that you access via links from the NextPhase site;
  • to respond to your inquiries and fulfill your requests, such as to send you documents you request or e-mail;
  • to send you important information regarding our relationship with you or regarding this Site, changes to our terms, conditions, and policies and/or other administrative information;
  • for our business purposes, such as marketing new products and services, data analysis, audits, developing new products or services, enhancing our Site, improving our products and services, identifying Site usage trends, and determining the effectiveness of our Site;
  • to our third party service providers who provide services such as website hosting and moderating, mobile application hosting, data analysis, infrastructure provision, IT services, e-mail services, marketing services, auditing services, and other services, in order to enable them to provide services;
  • to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings); and
  • when we otherwise have your consent.

In addition, we use and disclose personal information collected through this Site as we believe to be necessary or appropriate: (a) as permitted by applicable law, including laws outside your country of residence; (b) to comply with any legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (f) to allow us to pursue available remedies or limit the damages that we may sustain. We may also use and disclose personal information collected through this Site in other ways, with your prior consent.

We also use and disclose information we collect passively as described above, under “Passive Information Collection and Use,” and for any other purpose, except where we are required to do otherwise under applicable law (for example, if we are required to treat such information as personal information). In addition, we may use and disclose information that is not in personally identifiable form (such as anonymized, masked or de-identified information) for any purpose. If we combine information that is not in personally identifiable form with information that is (such as combining your name with your geographical location), we will treat the combined information as personal information as long as it is combined.

Use of Information for Marketing Purposes

NextPhase and our affiliates may send you promotional communications about our products, services, events and promotions.  Such promotional materials may be sent to you via different channels, such as: email, phone, SMS text messages, postal mailings, and third party social networks.

In order to provide you with the best personalized experience, sometimes these communications may be tailored to your preferences (for example, as you indicate these to us, as we may have inferred from your website visits, or based on the links you click in our emails).  When required by applicable law, we will obtain your consent before starting these activities.  In addition, you may withdraw your consent (opt-out) at any time.

In particular, you can opt-out from receiving marketing-related emails by following the unsubscribe instructions provided in each email.  You can also contact us using the contact details provided below to opt-out from receiving marketing-related communications.

Please note that even if you opt-out from receiving marketing communications, you might still receive administrative communications from us, such as technical updates of our products, order confirmations, notifications about your account activities, and other important notices.

  1. GENERAL PRINCIPLES FOR THE PROCESSING OF PERSONAL INFORMATION

Personal information will be collected, stored, processed and transmitted in accordance with NextPhase’s established policies and applicable federal, state, local and foreign laws, rules and regulations.

The principles of NextPhase with respect to the processing of personal information are as follows:  (1) personal information will be processed fairly and lawfully, (2) personal information will be collected for specified, explicit, and legitimate purposes and not further processed for incompatible purposes, (3) personal information collected by NextPhase will be adequate, relevant, and not excessive in relation to the purposes for which it is collected, (4) personal information collected by NextPhase will be accurate and, where necessary, kept up to date to the best of our ability, and (5) personal information collected by NextPhase will be retained as identifiable data for no longer than necessary to serve the purposes for which the personal information was collected.

If NextPhase engages in the processing of personal information for purposes other than those specified in this Policy, NextPhase will provide notice of these changes, the purposes for which the personal information will be used, and the recipients of personal information.

  1. THIRD PARTY SITES AND SERVICES

This Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or web property (including, without limitation, any application) that is available through this Site or to which this Site contains a link.  The availability of, or inclusion of a link to, any such site or property on this Site does not imply endorsement of it by us or by our affiliates.

  1. CHOICES AND ACCESS

We give you choices regarding our use and disclosure of your personal information.  You may opt-out of our collection of your personal information at any time by contacting us as specified below in the CONTACTING US section.  We will seek to comply with your request(s) as soon as reasonably practicable.

How You Can Access, Change, or Delete Your Personal Information

If applicable and you would like to review, correct, update, or delete the personal information that you have provided via this Site, please contact us as specified below in the CONTACTING US section.  We will try to comply with your request as soon as reasonably practicable.  You should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

  1. ACCURACY

It is your responsibility to provide NextPhase with accurate personal information.  Except as otherwise set forth in this Policy, NextPhase shall only use personal information in ways that are compatible with the purposes for which it was collected or subsequently authorized by you.  To the extent necessary for these purposes, NextPhase shall take reasonable steps to ensure that personal information is accurate, complete, current and relevant to its intended use.

  1. RETENTION PERIOD

We retain your personal information for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.

  1. SECURITY

We use reasonable organizational, technical, and administrative measures to protect personal information under our control.  Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised.  We will take other steps in accordance with any applicable laws and regulations.  If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with the CONTACTING US section below.

  1. USE OF SITE BY MINORS

We do not intentionally collect information from individuals under the age of 13.  The Site is not directed to individuals under the age of 13 and we request that these individuals not provide personal information through this Site.

  1. COMPLIANCE WITH LOCAL LAWS

This Policy is meant to guide NextPhase with respect to personal information collected from or about you at this Site.  While this Policy applies to personal information generally, the local laws, rules and regulations of jurisdictions that are applicable to NextPhase (“Local Laws”) may require standards which are stricter than this Policy and, in such event, NextPhase will comply with applicable Local Laws.  Specific privacy policies may be adopted to address the specific privacy requirements of particular jurisdictions.

  1. CROSS-BORDER TRANSFER

Your personal information may be stored and processed in any country where we have facilities or service providers, and by using our Site or by providing consent to us (where required by law), you specifically acknowledge and agree to the transfer of information to countries outside of your country of residence, including to the United States, which may provide for different data protection rules, and a lower standard of required protection, than in your country.

  1. UPDATES TO THIS PRIVACY POLICY

We may change this Policy.  Please take a look at the LAST UPDATE legend at the top of this page to see when this Policy was last revised.  Any changes to this Policy will become effective when we post the revised Policy on this Site.  Your use of this Site following these changes means that you accept the revised Policy.

  1. COMPLIANCE

NextPhase will use a self-assessment approach to verify compliance with this Policy and periodically verify that the Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible.

If you believe that your personal information has been processed or disclosed in violation of this Policy, NextPhase encourages you to raise any concerns using the contact information provided in this Policy.  NextPhase will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information.

  1. CONTACTING US

If you have any questions about this Policy, please contact us via one of these methods:

On this Site, via the CONNECT WITH US section, if available

or by phone please call 877-639-2673 (Monday to Friday, 8am – 5pm EST)

or by e-mail at webmaster@nextphasemed.com

or please write to the following address:  NextPhase Medical LLC, 88 Airport Drive, Rochester, NH 03867