Effective Revision Date: December 19, 2018
1. How Does Nuvectra Collect Personal Information?
“Personal information” means information that identifies you or could reasonably be used to identify you, and may sometimes include information deemed “sensitive” by applicable law. We collect personal information in a variety of ways, including through personal contact, via the Website, over the telephone, through third parties who have your authority to disclose such personal information to us, or where we are required to do so by law. An example of when personal information may be collected include when you contact us for more information about our products or services.
Generally, where we request personal information from you, we will explain the purpose of its collection and use and to whom it may be disclosed at the time we collect it. If you decide to withhold particular information, it may limit our ability to provide you with the services or products you requested.
We may use or augment the personal information we have about you with information obtained from other sources, such as public databases, social media platforms, and other third parties. For example, we may use such third party information to confirm contact or financial information, to verify licensure of healthcare professionals, or to better understand your interests by associating demographic information with the information you have provided.
If you believe that a third party has disclosed your personal information to us without your consent to do so, please contact that third party. If they do not adequately respond to your inquiries, please let us know.
2. How Does Nuvectra Use and Disclose Personal Information?
We may collect, use, and disclose personal information to meet the needs of our customers and for the following business purposes:
- recording and reporting on our products and related medical conditions, including reporting to regulatory and medical authorities and recording and responding to product inquiries, feedback, and complaints;
- registering and tracking certain Nuvectra implanted devices in compliance with applicable legal obligations and for quality and safety purposes;
- learning about our markets and improving our products and services;
- shipping product information or providing products and services to our customers;
- performing administrative functions such as accounting, billing, auditing, and collection activities;
- performing services and technical support for our products and services;
- ensuring and protecting health and safety;
- contacting you (including by way of e-mail), including:
- in response to your inquiries, questions, or comments;
- to safeguard your interests;
- to provide you with information about our products and services, or those of others, that we believe may be of interest to you;
- to meet legal requirements;
- in the case of health care professionals (HCPs):
- in connection with research and clinical trials that the HCP is involved with or that we believe the HCP may be interested in being involved with;
- to provide education, training, evaluation, and/or demonstration of products;
- in connection with conferences, symposia, expert panels, or other events with which we are involved or with which we believe a HCP may wish to be involved; and
- for complying with our corporate policies for expense reimbursement that require us to record the names and affiliations of attendees;
- in the case of patients:
- in connection with our patient programs, research, and clinical trials;
- to register and track patients who have been implanted with our devices, where required by law or where we have obtained explicit consent; and
- to communicate with the hospital, medical practitioner, or the health insurer of the patient in relation to the patient’s care;
- in the case of our contractors, distributors, or commissioned agents, in connection with our business purposes, including information to third-party suppliers/distributors subject to obligations of confidentiality;
- protecting our rights and property against fraud, unauthorized claims or transactions, and other liabilities;
- disclosing information to external service providers that we engage to assist us in the conduct of our business; or
- in other ways of which you are notified prior to collection or to which you have authorized.
In the event we disclose personal information to our service providers, we require our service providers to agree to contractual requirements that are consistent with our privacy and security policies and to comply with applicable legal requirements. We prohibit our service providers from using personal information except for the specific purpose for which we supply it to them or in any way that violates laws and regulations applicable to the personal information in question.
Nuvectra may disclose personal information as required by law, regulation, warrant, subpoena, court order, or regulator or law enforcement agency or personnel, as well as in respect to a criminal investigation or to meet government tax reporting requirements. In some instances, such as a legal proceeding or court order, we may also be required to disclose certain information to government authorities. Only the information specifically requested is disclosed and we take precautions to verify that the authorities making the request have legitimate grounds to do so. We also may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others and ourselves. There are some situations in which we are legally permitted to disclose personal information, such as employing reasonable and legal methods to enforce our rights or to investigate suspicion of illegal activities.
Nuvectra may also disclose aggregate or de-identified data that is not personally identifiable to third parties for any purpose.
Cookies are small data files that are sent to your browser and saved on your computer or mobile device when you visit a website. Cookies enable a website to store your preferences (such as language, font size, and other display preferences) and other information on your computer or mobile device.
Nuvectra uses session cookies and persistent cookies. Session cookies are temporary bits of information that are erased once you exit your web browser window or turn off your computer. Session cookies are used for purposes such as improving the navigation and usability of the Website, blocking visitors from providing inappropriate information, and collecting aggregated statistical information. Persistent cookies are more permanent bits of information that remain on your hard drive until you delete them. Persistent cookies are used for purposes such as retrieving your user preferences, customizing the Website based on your preferences, and helping us to determine what areas of the Website visitors find most valuable. Persistent cookies may contain personal information, but only if you have given your consent to the use of such personal information.
Nuvectra may also use web beacons (also known as clear GIFs, invisible GIFs, and internet tags) in combination with cookies to help us understand how visitors use the Website. A web beacon is a tiny graphic that is placed on the Website, which is used to track which pages are viewed and what information is consulted.
Through the use of these technologies, we monitor which pages of the Website visitors view and how often visitors view them. In most circumstances, the information captured is non-personal information and cannot identify you as an individual.
If you would like further information about managing and disabling cookies, you can refer to your browser’s help section or user guide. Alternatively, the Interactive Advertising Bureau has produced a guide (see www.allaboutcookies.org) that explains to users how cookies work and can be managed.
Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time.
5. How Does Nuvectra Comply with Information Protection Regulations?
As a global company, in all countries where we do business, Nuvectra is committed to complying with applicable laws and regulations when we collect, use, process, transfer, and store information. We value the personal information we are responsible for and we protect this information by implementing privacy and security controls throughout our organization.
6. What About Children’s Privacy?
This site is not intended for use by children under the age of 18 and Nuvectra does not intentionally collect personal information from such children. If we discover that a child has provided us with personal information online through the Website, we will take reasonable steps to delete this information. If you believe we may have received personal information from a child under the age of 18, please immediately contact us at 1-844-727-7897.
7. How Can I Opt Out of Marketing Mailings?
We may from time to time send you marketing material that we believe may be of interest to you. You have the right to ask us not to process your personal information for marketing purposes. We will inform you if we intend to use it for such purposes or if we intend to disclose your information to any third-party for such purposes. If you no longer wish to receive information from us, please use the “opt-out” or “unsubscribe” link on the e-mail to remove yourself from the mailing list. You may also elect not to receive such materials by checking certain boxes on the forms we use to collect your information, or contacting us at 1-844-727-7897. Please note that we may be required to send certain information to you under a legal, regulatory, or ethical requirement.
8. Where Is My Personal Information Stored and For How Long?
Subject to applicable business, legal, or regulatory requirements, we securely destroy, erase, or de-identify personal information when it is no longer required to fulfill our services and commitments to you or to enforce our rights or meet our obligations. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the Website to you; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).
9. How Is My Personal Information Kept Secure?
We take reasonable steps and utilize no less than industry standard security safeguards, including maintaining physical, electronic, and procedural safeguards in compliance with industry standards and applicable laws to protect personal information from loss and unauthorized access, modification, disclosure, inappropriate alteration, or misuse.
When you call our customer support line for patient and product questions, you will be required to verify your identity by providing personal information, including your name, date of birth, and address. We will only use this information in order to identify you.
10. How Can I Request My Personal Information?
You may request access to personal information we hold about you by sending written request to:
5830 Granite Parkway, Suite 1100
Granite Parkway, Plano, TX 75024
We will process that request in line with applicable laws and our policies and procedures in place for dealing with such requests and will respond to you within a reasonable time frame.
There may be circumstances where we are unable to provide access to your personal information. We may deny or restrict access for legally permissible reasons, such as situations where the information contains references to other individuals and is not reasonably severable, or where the information cannot be disclosed for legal, security, or commercial proprietary reasons. We will advise you of any reason for denying or restricting an access request.
11. What If I’m in the European Economic Area (EEA)?
If you are located in the EEA, you have certain rights and protections under the law regarding the processing of your personal information, as follows:
We process your personal information when:
- We need to use your personal information to perform our responsibilities under our contract with you;
- We have a legitimate interest in processing your personal information. For example, we may process your personal information to send you marketing communications and to provide, secure, and improve our services; or
- We have your consent to do so.
You have the right to:
- Access personal information we hold about you;
- Ask that your personal information be corrected, updated, or erased;
- Object to, or request that we restrict, certain processing;
- Withdraw your consent to data processing; and
- Data portability.
If you would like to exercise any of the above rights, you may contact us at 1-844-727-7897 or at the address indicated above. If we choose to further process or use your personal information for a purpose other than that for which it was initially collected, we will notify you and provide you with information on the new purpose.
If you have a concern about our practices concerning the processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the data protection authority where you reside. For contact details of your relevant local Data Protection Authority, please see http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
12. What About Other Websites?
Links to third-party sites are provided for information only and do not constitute endorsements of those sites. Nuvectra is not responsible for the content of links or third-party sites and does not make any representation regarding their content or accuracy. Your use of third-party websites is at your own risk.
Additionally, we are not responsible for the privacy practices employed by third-party websites. Therefore, we suggest that you examine the privacy policies of those websites to learn how your information may be collected, used, shared, and disclosed by the third-party in question.
14. Who Can I Contact For More Information?
These Terms were last updated on May 26, 2015. We may change these Terms at any time. Please review the Terms each time you visit this website. By using this website, it means you accept the most recent version of the Terms.
Emergencies and Medical Advice. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Information on this Website. Much of the information on this website relates to products and services offered by Nuvectra. The materials on this website are for your general educational information only. Information you read on this website cannot replace the relationship that you have with your healthcare professional. Nuvectra does not practice medicine or provide medical services or advice and the information on this website should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment.
This website contains information about products and therapies approved and cleared for use in the European Union, and is intended for a European Union audience. If you live outside the European Union, you may see information on this website about products or therapies that are not approved or marketed in your country.
Our Intellectual Property. The materials on this website belong to us or are licensed to us. The materials are protected by United States and foreign intellectual property laws. You may e-mail, download, or print copies of the materials on this website, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. We also own the names we use for our products and services on this website, and these names are protected by United States and foreign trademark laws.
If you use the materials or trademarks on this website in a way that is not clearly allowed by these Terms, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.
No Warranties. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. NUVECTRA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NUVECTRA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.
NUVECTRA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
Limitation of Liability. YOU AGREE THAT NEITHER NUVECTRA NOR ANY PERSON OR COMPANY ASSOCIATED WITH NUVECTRA SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS NUVECTRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF NUVECTRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL NUVECTRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF NUVECTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you violate these Terms or the Privacy Statement in a way that causes harm to others, you agree to hold Nuvectra harmless against any liability for that harm, including any legal fees for defending against a claim related to your conduct.
Your obligations under this section and the sections called “Your Feedback”, “No Warranties” and “Limitation of Liability” will survive termination of these Terms.
Miscellaneous. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
By using this website, you agree that the only proper jurisdiction and venue for any dispute with Nuvectra, or in any way relating to your use of this website, is in the state and federal courts in the State of Delaware. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Nuvectra or its affiliates, employees, officers, directors, agents, or suppliers.
These Terms are governed by the internal substantive laws of the State of Delaware without respect to its conflict of laws principles, and the federal laws of the United States.
Forward-looking Statements. This website may contain forward-looking statements. These statements, at the time they were made, were based on then-current expectations of future events.
Contact Information. If you have any questions regarding these terms and conditions of this Web site, please Contact Us.
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