Privacy Notice

ExplORer Surgical is committed to protecting the privacy of all visitors to its website (the “Site”). This Privacy Notice discloses how we collect and use the information provided by you and relating to your use of this Site. By using this Site, you consent to our collection, use, and disclosure of your information as described below. ExplORer Surgical reserves the right to change this Privacy Notice from time to time without notice, so please check back periodically.

How we collect information

ExplORer Surgical collects information that is voluntarily provided to us via our Site. The goal of our Site is to assemble and certain analyze medical and health information in order to facilitate treatment, medical research, and product improvement. We share data from our Site for these purposes, but we do so with respect for medical privacy and in compliance with laws.

ExplORer Surgical collects personally identifying information that is specifically and voluntarily provided by visitors. Such information may consist of, but is not limited to,

  • name,

  • address,

  • e-mail address,

  • telephone number.

ExplORer Surgical collects such information so that we may enhance your Site visit or follow up with you after your visit. If you are a physician, we may gather information from you as part of the registration process and your ongoing use of the Site. This may include your contact information as well as detailed information about the medical procedures you perform that you choose to voluntarily provide to us. We do not collect any sensitive information (e.g., data relating to race or ethnic origin, religious beliefs, criminal record, or sexual orientation).

The information described in the preceding paragraph may also be collected in person from, for example, attendees of seminars and medical meetings. In-person information may be collected either electronically or in paper form.

In addition, our system routinely collects information about the origin and site navigation of this Site’s visitors. That information includes technical information such as your processor type, processor speed, operating system type, browser type, audio devices, modem devices, video cards, page views and Internet protocol address. The information is used to help us continually modify this Site based on use patterns and is not linked to any personal identifying information.

“Do Not Track” Disclosure

ExplORer Surgical does not permit third parties to track consumer behavior over time across third party sites or services when you use our Site. Cookies can be rejected by amending your cookie preferences through your browser settings, but you may be denied access to some parts of the Site if your browser rejects cookies. To find out more about cookies, including how cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org

Our information collection and disclosure practices will continue to apply as described in this Privacy Notice, regardless of any “Do Not Track” signals that are sent by certain browsers.  To opt-out of these type of third-party advertising cookies or to learn more about online advertising, visit the Network Advertising Initiative (NAI) website.

How we use personally identifying information

ExplORer Surgical may use personally identifying information about patients, including personally identifying health information. For example, we may disclose your personally identifying health information to your surgeon for purposes of treatment and research. We may also disclose anonymized information, including pictures, for publication on our mobile application(s).

ExplORer Surgical may contact you regarding products and services (such as seminars and webinars) offered by ExplORer Surgical and its trusted affiliates, business partners, and independent contractors. We may also use information we collect in accordance with uses that are communicated to the users at the time of collection. We may also use information collected through our Site for research regarding the effectiveness of our Site and related marketing, advertising and sales efforts.

ExplORer Surgical may also use and disclose your information to obtain payment for services we provide you, including but not limited to disclosing your information to a billing company in connection with collections and billing activities.

If you have voluntarily provided personally identifying information, we may, from time to time, send you mail or e-mail regarding products and services that may be of interest to you. We strive to ensure that our marketing activities comply with applicable law. You may at any time request that we discontinue sending you such materials by following the “Unsubscribe” instructions in the communication or by contacting us at support@explorersurgical.com or directly via “Log In” on explorersurgical.com

Disclosure of personally identifying information to third parties

Personally identifying information may be transferred to a third party only when reasonable and appropriate steps have been taken to maintain the required level of data protection as provided in this Privacy Notice, including the provision of notice and choice where appropriate.

ExplORer Surgical may use independent companies or other third parties and individuals as agents, consultants, contractors, vendors and service providers. All agents, consultants, contractors, vendors and service providers are required to comply with ExplORer Surgical’s privacy practices and policies and are permitted to use personally identifying information only to perform services on behalf of ExplORer Surgical. A company that processes personally identifying information on behalf of ExplORer Surgical is allowed to do so only if it guarantees to provide the technical and organizational security measures required for processing personally identifying information.

ExplORer Surgical may share personally identifying information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when ExplORer Surgical believes in good faith that disclosure is legally required or otherwise necessary to protect ExplORer Surgical’s rights and property, or the rights, property or safety of others.

ExplORer Surgical will offer an individual the opportunity to choose (opt-out) whether personally identifying information about them will be disclosed to a third party or used for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by them, unless such choice is not required by law.

For sensitive personal information, if any, ExplORer Surgical will seek affirmative or explicit (opt-in) consent before the sensitive personal information is disclosed to a third party or used for a purpose other than its original purpose or the purpose authorized subsequently by the individual.

Personally identifying information may be transmitted internationally for the purposes identified below. This may include transfer to countries without data protection rules similar to those in effect in your country of residence. By providing information to ExplORer Surgical through this Site, you are consenting to such transfers.

Data Integrity

ExplORer Surgical will make reasonable efforts to ensure that personally identifying information is accurate and updated, adequate, relevant, not excessive for the purposes for which the personally identifying information is processed and kept only for the period necessary for permitted purposes.

How you can correct, access, and update your information

Individuals can update, correct, and access the personally identifying information about them that ExplORer Surgical processes, and may be able to correct, amend, or delete that information where it is inaccurate, except where, and to the extent permitted by applicable law, the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated. Users who choose to register may access their user profile, correct and update their details, or unsubscribe at any time. Visitors who have any problem accessing their profiles, or would like to request a copy of their personally identifying information should contact support@explorersurgical.com or follow the link provided on the “Contact Us” page on the Site.

How we protect your information

The security of personally identifying information is important to ExplORer Surgical. ExplORer Surgical takes reasonable steps, consistent with generally accepted industry standards, including technical, administrative and physical safeguards, to protect the personally identifying information that ExplORer Surgical processes from loss, misuse and unauthorized access, disclosure, alteration and destruction. While we strive to protect your personally identifying information, we cannot ensure or warrant the security of any information you transmit to us or receive from us. We have no way of protecting that information until it reaches us. Once we receive your transmission, we make our best effort to ensure its security on our servers. Internally, we will restrict access to your personally identifying information to those who need access to the information in order to do their jobs. We will review our security arrangements from time to time as we deem appropriate. If we make changes to this Privacy Notice, we will post the changes on this page so that you always will know what information we collect, how we use it, and when and how we will disclose it.

How you can help protect your information

If you are using a feature of the Site for which you registered and chose a password, we recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. You should also remember to sign out of the registered page by closing your browser window when you have finished your work to ensure that others cannot access personally identifying information.

Links to other sites

The Site may contain links to other sites, including those of our business partners. ExplORer Surgical is not responsible for the privacy practices or the content of these other sites. Visitors will need to check the privacy statements of these other sites to understand their policies.

Children’s Privacy Protection

ExplORer Surgical understands the importance of protecting children’s privacy in the interactive online world. The Site covered by this Privacy Notice that is not designed for or intentionally targeted at children 13 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13.

United States Site

Ideas and laws about medical privacy vary around the world. While we make efforts to honor the laws and wishes of all users, our Site operates under the laws and medical ethics of the United States of America.

California Information-Sharing Disclosure

California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by e-mail to support@explorersurgical.com with “California Privacy Rights” in the subject line.

Inquiries and Enforcement of Compliance

ExplORer Surgical commits to resolve complaints about your privacy and our collection or use of your personally identifying information. If you have any questions, comments or suggestions about this Privacy Notice or ExplORer Surgical’s privacy practices, please contact ExplORer Surgical at support@explorersurgical.com, attention Privacy Officer

Your Legal Rights

Under certain circumstances, EU residents have rights under data protection laws in relation to their Personal Information. Specifically:

Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.

Request correction of your Personal Information. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your Personal Information. This enables you to ask us to delete or remove Personal Information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.

Request restriction of processing your Personal Information of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your Personal Information to you or to a third party. This enables you to ask us to provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your Personal Information. Where you have provided consent to certain data processing, you have the right to withdraw that consent at any time.  A withdrawal of consent will not affect the validity of our use of your Personal Information up until the point you have withdrawn your consent.

No Fee Usually Required

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Data Transfer Commitment

ExplORer Surgical relies on the Model Contracts/Standard Contractual Clauses set forth by the European Commission regarding the collection, use, and retention of all personally identifying information that it processes and which is transferred from countries in the European Economic Area and Switzerland to the United States, both in electronic or paper form, including Personal Information and Sensitive Personal Information (defined below). ExplORer Surgical adheres to the data protection principles of: notice, choice and consent, onward transfer, security, data integrity, access, and enforcement.

“Personal information” means any information from which an individual can be directly or indirectly identified, as well as “Sensitive Personal Information” which means Personal Information revealing an individual’s racial or ethnic origin, political opinions or membership of political parties or similar movements, religious or philosophical beliefs, membership of a professional or trade organization or union, physical or mental health including any opinion thereof, sex life, and, where permitted by applicable law, criminal offences and alleged offences, criminal records or proceedings with regard to criminal or unlawful behavior. In addition for Switzerland, the definition of sensitive data includes ideological views or activities, information on social security measures or administrative or criminal proceedings and sanctions, which are treated outside pending proceedings.

In certain situations, ExplORer Surgical may be required to disclose Personal Information in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.

Changes to this Privacy Notice

ExplORer Surgical periodically evaluates its privacy policies and procedures to implement improvements and refinements from time to time. Therefore, ExplORer Surgical reserves the right to modify or amend this Privacy Notice at any time and for any reason. When this notice is amended, ExplORer Surgical will revise the “last updated” date at the bottom of this notice. Please review this Privacy Notice periodically and especially before you provide personally identifiable information to us. For material changes to this policy, ExplORer Surgical will notify individuals by placing a notice on this page. Your continued use of the Site after any changes to our Privacy Notice indicates your agreement with the terms of the revised Privacy Notice. Cookies, Web Beacons, Links, and Other Tracking Technologies

When you use or access the Site, we collect, monitor, store on your device, and/or remotely store one or more “Unique Identifiers,” such as a universally unique identifier.  A Unique Identifier remains on your device during your session on the Site and for a limited period thereafter (which generally will not exceed twenty-four hours after you finish your session on the Site).  Our use of this Unique Identifier enhances your navigation through the Site. Some features of the Site may not function properly if use or availability of Unique Identifiers is impaired or disabled.

ExplORer Surgical reserves the right, at any time, to use automatic data collection and analytics technologies to collect aggregate and user-specific information about your equipment, domain name, patterns of use, communication data and the resources that you access and use on the Site, including your IP address and browsing and navigation patterns.  In order to keep track of how you use and interact with the Site, ExplORer Surgical may expand its use of tracking technologies to include the use of other types of cookies, web beacons, links, and other tracking devices.  We may elect to do this to help analyze the use of and improve the Site. Through these technologies we may automatically collect information about your use of the Site and other online activities, including our email correspondences, third-party services, applications, and certain online activities after you leave the Site.  Some Site features that we implement may not function properly if you disable such cookies. The types of data that we may begin to collect include but are not limited to analytics information, sites visited before visiting the Site, browser type, operating system, and tracking of your interactions with our content and emails.

ExplORer Surgical may use third-party tracking and advertising providers to act on our behalf to track and analyze your usage of our Site.  We also may partner with third parties to manage our advertising on other sites. In such event, third-party partners may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests.

For more information on third-party advertising-related cookies and how to opt out of some cookies as you choose, see the descriptions and links below.

To visit the Network Advertising Initiative site to set preferences and opt -out of third-party targeting cookies, click here: https://optout.networkadvertising.org/?c=1

EU visitors can find general information and opt-out resources at youronlinechoices.eu

and US visitors can visit aboutads.info and allaboutcookies.org

Last Updated:  September, 2020 

DMS 12142475v2

414 North Orleans St, Suite 306
Chicago, IL 60654
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