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ELIXIR MEDICAL CORPORATION
PRIVACY POLICY

Last Updated: April 29, 2020

INTRODUCTION

Elixir Medical Corporation (“Elixir”, “we”, “us”) has created this privacy policy (“Privacy Policy”) in order to set out how we collect, use, and disclose personal information through our website located at www.elixirmedical.com (the “Website”). This Privacy Policy applies to all of the services and websites offered by Elixir or our related, affiliated and/or subsidiary companies (collectively the “Services”).

The privacy of our customers (and their patients) is of great importance to us. By visiting our Website and/or using the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and you hereby consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers our collection, use and disclosure of information about identifiable individuals and information which can be used to identify an individual (“Personal Information”). Personal Information does not include “aggregate” information which we aggregate from information (including Personal Information) you provide to us. Personal Information may be collected about our customers, prospective customers, visitors to the Website, and end users of the Services. You can choose not to provide us with certain information, but by doing so, you may not be able to take advantage of many of the features and functionality of our Services.

This Privacy Policy does not apply to the practices of companies that we do not own or control. You understand and agree that Elixir and its authorized business partners, affiliates, subsidiaries or agents (collectively, “Elixir”, “us” or “we”) may collect, maintain, and process information provided by you, on and through the Services. You represent and warrant that you have permission to share any information you elect to provide Elixir, you consent to such information being shared with third parties, including, if applicable, healthcare providers, and that such information is accurate, current, non-misleading, and consistent and relevant for the purpose for which you are providing information. 

The information on this site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this web site is for general information purposes only. Elixir makes no representation and assumes no responsibility for the accuracy of information contained on or available through this web site, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this web site with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS WEBSITE.

Elixir does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through this web site. ELIXIR IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS WEBSITE.

COLLECTION AND USE OF PERSONAL INFORMATION AND OTHER DATA

Log Files: Like many internet and mobile services, we may automatically gather certain information about our Services traffic and store it in log files. This information includes mobile device identifiers, browser type, IP address, mobile or internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Services, to track users’ movements around the Services, and to gather demographic information about our user base.

We also store in our log files information identifying users who have accessed data that we store about patients, and any changes they make to such data. We use this information to comply with legal obligations relating to such data and to keep a record of such changes. We may also use it to improve our Services.

We may link this automatically collected data to Personal Information. Device identifiers may be tied to Personal Information to troubleshoot access issues.

We may use third-party tracking services that use log files, cookies, and possibly other techniques to track non-Personal Information about visitors to the Services in the aggregate. These services capture usage and volume statistics as well as geographical location data to compile usage reports and maps for optimization and troubleshooting purposes.

Cookies: In operating the Services, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. As such, we use cookies throughout the Services to authenticate users. By using our Services, you indicate your consent for Elixir and our affiliates to send cookies to your computer or mobile device in order to uniquely identify your device and improve the quality of our services; you may turn off cookies in your browser though, in doing so, some or all of our Service features may not work.

We may also allow other companies that are presenting advertisements on some of our pages to set and access their cookies on your computer. Please note that ad networks’ use of cookies or web beacons, and that of any other third-party that has a link available on any Site, is subject to their own privacy policies and not this privacy policy. Advertisers or other companies do not have access to our cookies.

If you prefer, you can turn off cookies in your web browser by changing its security settings. Please note, however, some features of Products and Services may not function properly if your cookies are disabled. You may be able to set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website and/or Services. We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website. At this time, this Service does not support Do-Not-Track signals.

STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION

Elixir processes and stores its data, including Personal Information, on cloud servers located in North America. Elixir also transfers data to the third-party service providers described herein.

By submitting Personal Information or otherwise using the Services, you agree to this transfer, storing or processing of your Personal Information in the USA. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in the United States under lawful access regimes or court order.

DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

We will not sell or rent your Personal Information to anyone other than as described in this Privacy Policy.

Service Providers and Business Partners: We may from time to time employ third parties to perform tasks on our behalf and we may need to share Personal Information with them to provide certain services. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. We currently engage third party companies and individuals employed by us to facilitate our Services, including the provision of maintenance services, database management, Web analytics and general improvement of the Services, and businesses who engage our Services (to the extent provided for above).

Business Transfers: If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.

With Your Consent: If we need to use or disclose any Personal Information in a way not identified in this Privacy Policy, we will notify you and/or obtain consent as required under applicable privacy laws.

As Required by Law: We may disclose Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other end users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce our contracts or user agreement, including investigation of potential violations hereof; and (iii) detect, prevent, or otherwise address fraud, security or technical issues. We may disclose Personal Information if we believe it is necessary to investigate potential violations of our Terms of Use, or to enforce those Terms of Use. The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.

RETENTION

We will keep Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. Unless otherwise set forth in the applicable Terms of Use or a separate agreement with you governing the applicable Services, if you cease using such Service, we may retain or destroy, at our discretion, all Personal Information and non-personally identifiable information we collect through your use of such Service. All retained Personal Information will remain subject to the terms of this Privacy Policy.

OPT-OUT CHOICES

To “opt-out” of (1) any consents previously given to us, (2) receiving communications from us, or (3) having Personal Information disclosed to third parties, send an e-mail to info@elixirmedial.com. Notwithstanding this right to request to cease receiving communications from us and to have us not share Personal Information with third parties, we retain the right to collect, maintain and process information provided by and collected about you on and through the Services, and disclose such information to comply with its reasonable business and legal obligations.

MINORS

Elixir does not knowingly solicit or collect data from children nor knowingly market to anyone under the age of 18. If you are under the age of 13, you are explicitly not authorized to use this Service. If you become aware that your child has provided us with Personal Information without your consent, please contact us at info@elixirmedial.com. If we become aware that a child under 18 has provided us with Personal Information, we will take reasonable steps to remove such information from our systems.

TERMS OF SERVICE

Please also visit our applicable Terms of Service, which govern the use of our Services.

CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date at the top of this page. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or Website or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Website, Website or Services after such changes have been first posted.

ADDITIONAL INFORMATION

If you have questions regarding our Privacy Policy, its implementation, and/or our general practices, please contact us: info@elixirmedial.com. 

PMN 1718 Rev A