Certain areas of the Site contain information intended only for licensed medical professionals. Accordingly, the company reserves the right to limit certain areas of the Site to those persons who register and meet the qualifications imposed by us. This Policy addresses our privacy practices relating to general and registered use of our Site by visitors located within the United States.
Information We Collect and How We Use It
Personally identifiable information (Personal Information) is information that can be used to identify or contact you, such as your name, email address, telephone number or similar information. the company only collects Personal Information that you choose to share with us, such as when (1) contacting us via the Site (by clicking on the “Contact” button at the top of each web page), (2) submitting your resume online in response to a job posting, (3) registering online for an event or course or, (4) upon registration for access to those areas of our Site intended only for licensed medical professionals.
If you are a licensed medical professional, to register, you must provide us with certain Personal Information, including your name, profession, email address, postal mail address, title and clinical affiliation. We will use this Personal Information to review and verify your registration information. We may use your Personal Information to send periodic marketing or promotional notices to you or notify you of any changes to this Policy. You can always opt-out of receiving these communications from us by following the “opt-out” procedures described below.
If your Personal Information is submitted through the Site when applying for a position with the company, your Personal Information will be used solely for the purpose of accepting and evaluating you for the position. We may retain your Personal Information for a period of time, but only for the purpose of considering your application for current or future positions at the company. This information may be shared within the company as well as with third party service providers contracted by us to collect and maintain candidate submissions for job postings.
Contacting the company
If you contact the company via the Site, we will only use your Personal Information contained in your email to respond to your specific inquiry or comments in the email. We may retain your email for a period of time, but will not use any of your Personal Information for any purpose other than responding to your email.
General Information and Accuracy
Any information you provide to the company must be true, accurate, current, non-misleading, and consistent and relevant for the purpose for which you are providing the information. If you are a registered user, you must have the authority to provide the information submitted to and through the Site, and understand and agree that we may from time to time verify such authority.
The Site automatically tracks certain information about your behavior while visiting the Site. The information gathered includes only the URL from which you accessed this Site, and which URL you visit next. We collect and store this aggregate information in order to measure the Site’s performance and improve the Site’s design and functionality. We may also share this aggregate information with third parties to illustrate how the Site is used and for other marketing purposes. If you are a registered user, we may use your Usage Data with or without your Personal Information, in order to measure the Site’s performance and improve the Site’s design and functionality. We may also share this aggregate information with third parties to illustrate how the Site is used and for other marketing purposes. We may use your Personal Information to improve our marketing efforts, statistically evaluate site usage, improve our Site or customize our Site’s content, layout and services. See also “Cookies”, below.
Cookies and Clear Gifs
Session cookies are temporary bits of information that are erased once you exit your web browser or turn off your computer. Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. They store information on your computer for a number of reasons, such as retrieving certain information you have previously provided ( i.e. , username and password), helping to determine what areas of the Site you find most valuable, and customizing the Site based on your preferences on an ongoing basis. Persistent cookies placed on your computer by this Site may hold Personal Information, but only if you are a registered user or have otherwise consented to the provision of Personal Information in accordance with the terms of this Policy. Otherwise, the Site’s server only knows that an unidentified visitor with your cookies has returned to the Site. In addition to customization, persistent cookies will be used to provide you with better service on the Site, to compile and analyze statistics and trends, and to otherwise administer and improve the Site for your use. Subject to applicable law and in accordance with the terms of this Policy, information gathered through the use of persistent cookies on the Site may also be shared with, or sold to, third parties.
The Site may also use clear gifs (also known as web beacons) in combination with cookies, in order to help Site operators understand how visitors interact with the Site. A clear gif is typically a transparent graphic image (usually 1 pixel by 1 pixel in size) that is placed on the Site, which allows the Site to measure the actions of a visitor who opens the page that contains the clear gif. the company uses clear gifs to measure traffic and related behavior, and to improve your experience when visiting the Site. We also use clear gifs to manage the content available on the Site.
the company contracts with a number of third party service providers who use cookie technology to track and analyze usage and volume statistical information, and monitor responses to email and advertising campaigns on behalf of the company. The information obtained from cookies is used by the company, and in certain cases by its third party service providers, to administer the Site, improve the quality of your experience when visiting, and monitor the efficacy of the company’s marketing activities. Data collected by any such third party from this Site is owned and used by the company, but is accessible by such third party administrators. To read the privacy policies of the company’s third party providers, please visit the website.
Use and Disclosure
In addition to the uses described throughout thisPolicy, and subject to applicable law, we and our Service Providers (as described below) may disclose your Personal Information:
- To unaffiliated third parties that are under contract to perform services for or on behalf of the company (Service Providers), and are required to uphold and maintain the company’s policies with respect to privacy and the treatment of your Personal Information
(e.g., vendors maintaining our computer databases or performing marketing activities for the company relating solely to services and products provided by the company and its affiliates);
- To other persons as permitted by applicable law or regulation; and
- To law enforcement personnel and agencies, or as part of a legal process, in order to protect our property or in furtherance of an investigation regarding a breach of the Site rules and policies, unauthorized access to or use of the Site or any other illegal activities.
Any access to such information will be limited to the purpose for which such information was provided to our affiliate, subsidiary or Service Provider. Our affiliates, subsidiaries and Service Providers may be located throughout the world. Accordingly, information may be sent worldwide to countries which have a different level of privacy protection than the United States.
Consent to Processing
By using our Site, or providing information to the company, you understand and unambiguously consent to the collection, processing, transfer and use of information in the United States and other countries and territories, for the purposes and in accordance with the terms set forth in this Policy. You hereby consent to the collection, processing, disclosure, and transfer by the company of your Personal Information as described under this Policy, including but not limited to the transfer of your Personal Information between the company’s Service Providers, affiliates and subsidiaries in accordance with this Policy. For further certainty, any consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of the applicable Personal Information to a jurisdiction which may have a different level of privacy protection than that available in your own country.
To “opt-out” of (1) receiving communications from the company (except for communications necessary for your use of the Site), (2) having your Personal Information disclosed to third parties for marketing purposes, or (3) any other consent previously granted for a specific purpose concerning your Personal Information, send an e-mail to the company at email@example.com.
Reviewing or Changing Information
If you are a registered user, you may request to review, change or delete information previously provided to us by modifying your profile at the Login Screen or by sending an e-mail to firstname.lastname@example.org. Requests for changes to or deletions of your Personal Information should be made by you directly.
Other Web Sites
This Policy applies only to www.prolieve.com. the company, its affiliates and subsidiaries operate many web sites for different purposes and in multiple jurisdictions where local laws may apply. This Site includes links to both our affiliated sites and to non-the company web sites, including access to content, products and services of such affiliated and non-affiliated sites (Other Sites). In some cases, these Other Sites are made available via “framing technology”, and may appear to be part of this Site. However, prior to accessing Other Sites or non-the company content via the the company Site, a dialogue box will inform you that you are about to leave the Site, and will prompt you for your consent to proceed. Although some of the entities controlling these framed sites are under contract with the company, we urge you to familiarize yourself with the individual privacy and other terms for each linked or framed site prior to submitting your Personal Information.
Sale or Transfer of Information
In the event of a sale, merger, liquidation, dissolution, or sale or transfer of substantially all of the assets of the company, registration data and/or usage data collected about you from the Site may be sold, assigned, or transferred to the party acquiring all or substantially all of the equity and/or assets of the company in order to permit the party to continue the operation of the Site, including the restricted areas. Subject to your ability to opt-out as described above, by using this Site and submitting your information to us, you consent to the sale and transfer of your information as described in this paragraph.
the company takes seriously the security of the information it collects. the company has therefore implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to, such information, reasonably appropriate to the nature of the data concerned.
Our Site is not generally intended for use by children under the age of 13, and the company does not knowingly collect Personal Information from children in this age group. If we become aware that a user under the age of 13 has registered or is attempting to register, we will notify the user that he or she is not eligible for registration. We will then expunge any related Personal Information from our records.
the company may, in its sole discretion, update this Policy at any time and from time to time, by posting the amended Policy on this Site. The amended Policy shall be effective upon posting, and your access to or use of the Site following an update shall be deemed consent to the revised Policy. We urge each visitor to refer back to this page regularly and especially prior to providing or updating any Personal Information. This Policy may not be otherwise amended without the written consent of the company. This Policy was last updated on March 12, 2007.
Contact, Questions, Comments, Complaints
If you would like to communicate with the company regarding privacy issues or have questions, comments or complaints about this Policy or Site, please forward such communication to: email@example.com.
All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of the company, its affiliates or subsidiaries, or third parties who have licensed their trademarks to the company or one of its affiliates or subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by the company, its affiliates or the company’s third party licensors (Content) is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized by the company, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you. You may download, view, copy and print Content, subject to the following: (a) the Content may be used solely for personal, informational, or internal business purposes; (b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page; (c) the Content may not be modified or altered in any way; and (d) no graphics may be used separate from accompanying text. Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of the company. Requests for such permission should be made to firstname.lastname@example.org. Any rights not expressly granted herein are reserved. Please be advised that the company enforces its intellectual property rights to the fullest extent of the law. Certain product, service, or company designations for companies other than the company may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where the company is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
We control and operate this Site from the United States of America. This Site is intended for use by United States residents only and contains information regarding the company products and services available for sale or distribution within the United States. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services on the Site do not imply that the company intends to announce or offer these products or services in your country.
2. Registered Users
3. Modifications to Site
the company reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. the company shall not be liable to you or any third party in the event that the company exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
4. Copyright Notice
All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of the company, its affiliates or subsidiaries, or third parties who have licensed their trademarks to the company or one of its affiliates or subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by the company, its affiliates or the company’s third party licensors ( Content ) is protected by copyright, patents or other proprietary agreements and laws, and you are only permitted to use Content as expressly authorized by the company, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you.
You may download, view, copy and print Content, subject to the following:
a) the Content may be used solely for personal, informational, or internal business purposes;
b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
c) the Content may not be modified or altered in any way; and
d) no graphics may be used separate from accompanying text.
Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of the company. Requests for such permission should be made to email@example.com. Any rights not expressly granted herein are reserved. Please be advised that the company enforces its intellectual property rights to the fullest extent of the law.
Certain product, service, or company designations for companies other than the company may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where the company is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
5. No Medical Advice
The information on this Site is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.
We may also include certain information, reference guides and databases intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation.
6. User Feedback
the company is pleased to hear from visitors and welcomes your comments regarding the Site. Please be advised, however, that the company and its employees do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send your unsolicited ideas or any original materials to the company or anyone at the company. If, despite this request, you still send the company your ideas and materials, please understand that by submitting the information through this Site, you assign the company, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. We will be entitled to use any information and materials you submit through this Site for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to the company that you have the right to do so.
7. Resume Submission
In general, in the absence of any other agreement with the company, you may link or hyper-link to the home page of the Site from your web site, subject to the following:
a) you notify us by email at firstname.lastname@example.org specifying the URL of each page from which you will be linking to our home page;
b) you do not frame the Site or any portion of the Site;
c) you do not deep link into the Site ( i.e. , you do not link into any page other than the home page);
d) the link or hyper-link to the Site is not used in a way that suggests that the company endorses you or your web site;
e) the link is identified using a plain text rendering of the the company name and not any trademark or the company logo;
f) the link or hyper-link to the Site is not used or presented in any way that disparages the company or tarnishes, blurs, or dilutes the quality of the company’s names or trademarks or any associated goodwill; and
g) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. the company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. the company MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. the company SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the company OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. Stock Price Disclaimer
The stock price performance shown on stock quotes available on or through the Site are not necessarily indicative of future price performance. All Content is for informational purposes only and no Content (including without limitation, stock quotes or company information) is intended to be relied upon for trading or investment purposes. the company will not be responsible for any trading or investment decisions made based on such Content.
11. Securities Laws
This Site may include forward looking statements that involve risks and uncertainties concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are beyond our control. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities filings or documents. We wish to caution the reader that actual results may differ from those discussed in the forward-looking statements and may be adversely affected by, among other things, risks associated with other factors described in our filings with the Securities and Exchange Commission.
12. Limitation of Liability
IN NO EVENT SHALL the company BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF the company WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS ( E.G. , YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. No Resale of the Site
Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of the company.
You agree to indemnify, defend and hold the company, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms.
16. Export Restrictions/Legal Compliance
the company controls this Site from within the United Sates of America. You may not access, download, use or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. the company’s failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to personal jurisdiction by the state and federal courts located in Suffolk County, Massachusetts.
the company may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of the company.
By accessing this Site or registering with the company, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
19. Contact Information
If you have any questions regarding these Terms or the Site, please contact the company at email@example.com.
U.S. Health Information Privacy (HIPAA)
We understand that most of our U.S. customers are “Covered Entities” under the Health Information Portability and Accountability Act ( HIPAA ) privacy regulations. As a HIPAA Covered Entity, our customers are legally obligated to maintain the privacy of all patient information that they create or receive. Although the company is not a HIPAA Covered Entity (except for certain portions of our group health plan), we recognize the impact that the HIPAA privacy regulations have on our customers. We wanted to take this opportunity to let you know that the company remains committed to interacting with you and your patient’s as responsible professionals who are dedicated to maintaining the privacy of information that we receive on-the-job, consistent with applicable law and regulations.
To perform their jobs, the company employees may create, develop or receive information about patients’ experiences with our medical devices in a variety of situations. For example:
- We provide information or technical support for our products.
- We receive questions and suggestions about our products and services from patients, nurses, physicians and other health care providers.
- We enroll patients in clinical trials we sponsor.
- We collect information as required by the FDA and other governmental authorities relating to the quality, safety and efficacy of our devices.
- We collect, analyze and re-analyze our data in a continuous effort to improve the design, quality and functioning of our devices.
We have made available to our sales and marketing employees training materials on the HIPAA privacy regulations, and expect our employees to respect our customers’ explicit and implicit instructions regarding incidental exposure to protected health information while visiting a customer’s site.