Effective: April 2024

At Recor Medical Inc. (“Recor,” “us,” “we,” or “our”), we understand that privacy is important to our consumers (“consumer,” “you,” or “your”). This Consumer Privacy Notice (“Policy”) provides you with information about how we collect, use, and disclose Personal Information when you visit https://www.recormedical.com/, any other websites that link to this Policy, or otherwise engage with us online or offline (collectively, the “Services”). Please read this Policy carefully so that you understand your rights in relation to your Personal Information, and how we will collect, use, process, and disclose your Personal Information.

This Policy does not cover information we may collect from job applicants (whether they apply through the Services or otherwise), contract workers, or business contacts (again whether they come through the Services or otherwise). For our privacy policy for business contacts, see our Business Contact Privacy Policy. For our privacy policy for job applicants, current and former contract workers, and for former employees, see our Applicant, Contract Worker, and Former Employee Privacy Policy.

Please note that the Services are intended only for consumers who reside in the United States. If you visit our website or use our Services from outside the United States, please note that the United States has data protection laws that may not be consistent with those of other countries and that information collected about you in connection with your use of the Services will be processed in accordance with United States law.

If you do not agree with the practices we have described in this Policy, please do not provide us with your Personal Information. By providing your Personal Information to us, by reaching out to us by email or postal mail, or by accessing or using our Services, you agree to our use of your information as described in this Policy and our Terms of Use.

Definitions

• “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information also includes “Sensitive Personal Information” that we specifically describe in this Policy. Personal Information does not include publicly available information or de-identified or aggregated consumer information.
• “Sell,” “Sale,” or “Sold” means renting, releasing, or transferring an individual’s Personal Information to a third party for money or other valuable consideration.
• “Share,” “Shared,” or “Sharing” means transferring an individual’s Personal Information to a third party for cross-context behavioral advertising or targeted advertising purposes, whether or not for money or other valuable consideration. Sharing includes “targeted advertising,” as that term is defined by U.S. state comprehensive privacy legislation that applies to Recor.
• “Third Party” means any non-affiliated person that is not a Service Provider.
• “Service Provider” means a service provider, contractor, or processor which collects, stores, or otherwise handles Personal Information for us and is bound by contractual obligations to use your Personal Information only as directed by us.

Categories of Personal Information Collected

We, and our Service Providers, may collect and process, and in the past 12 months have collected and processed, the following categories of Personal Information for the purposes described in this Policy.

We retain each of the categories of Personal Information listed above for the period reasonably necessary to provide goods and services to you and for the period reasonably necessary to support our business operational purposes listed under “Purposes of Collection.” We may retain Personal Information for longer periods if retention is required by applicable laws.

Purposes of Collection

We may use the Personal Information, including Sensitive Personal Information, we collect, including information that we combine from your interactions with our Services, to provide you with our quality products, services, and experiences. 

Here are ways we use your Personal Information:

• To provide you access to our Services.
• To personalize your experiences with us, including to remember your interests and preferences, personalize our Services and the content we make available to you through the Services, facilitate interactions with us, track and categorize your activity and interests on the Services, including identifying and linking the different devices you use, and to enrich your experience on the Services.
• To provide information, including information about the Services or required notices.
• For analytics, including understanding how you use the Services, and our other products and services.
• To improve and develop, such as improving and further developing our products, services, and the content, features, performance, and support of the Services.
• To provide user support.
• To communicate with you, including to obtain information about you; to respond to your inquiries, concerns, and requests; or to provide other legal or service-related notices about our Services.
• For marketing and advertising, such as delivering marketing communications, promotional materials, or advertisements about Recor Medical or third-party products or services that may be of interest to you, including to display targeted ads to you elsewhere online (see your options related to marketing and advertising in the Your Privacy Rights and Choices section below).
• For business purposes, including to operate and improve our business and business activities; to administer the Services; for research; to maintain our programs, accounts, and records; to understand your satisfaction with our products and services including the Services; to authenticate the information you provide us; to protect the security and integrity of our Services and information technology infrastructure; to detect, prevent, and respond to fraud, misuse of our services, intellectual property infringement, violations of law, or other misuse of the Services or our products and services; and for any other business purpose permitted by law.
• For legal and safety purposes, including to defend or protect us, you, or our customers or third parties from harm or in legal proceedings; to protect our rights or the rights, property, and safety of others; to comply with legal obligations; to maintain the security of our customers, employees, and property; to pursue remedies available to us and limit our damages; to respond to court orders, lawsuits, subpoenas, and government requests; to comply with judicial proceedings, court orders, legal processes or lawful requests from government authorities; to address legal and regulatory compliance; and to notify you of product recalls or safety issues.

We may combine or de-identify any information we collect for any of these purposes. We may also de-identify your Personal Information in such a way that you may not reasonably be re-identified by us or any other organization and may use such de-identified information for any lawful purpose. When we do so, we take reasonable measures to ensure that the information cannot be associated with a consumer or household, and we maintain and use the information in de-identified form. We will not attempt to re-identify the information, except that we may attempt to re-identify the information solely for the purpose of determining whether our de-identification processes satisfy applicable legal requirements. After it has been de-identified, the information is no longer Personal Information and is not subject to this Policy.

We may combine or de-identify any information we collect for any of these purposes. We may also de-identify your Personal Information in such a way that you may not reasonably be re-identified by us or any other organization and may use such de-identified information for any lawful purpose. When we do so, we take reasonable measures to ensure that the information cannot be associated with a consumer or household, and we maintain and use the information in de-identified form. We will not attempt to re-identify the information, except that we may attempt to re-identify the information solely for the purpose of determining whether our de-identification processes satisfy applicable legal requirements. After it has been de-identified, the information is no longer Personal Information and is not subject to this Policy.

Sales, Shares, and Targeted Advertising

We are required to describe certain disclosures of Personal Information as “Sales” or “Shares” where we receive valuable consideration or where the disclosure is made for cross-context behavioral advertising purposes. No money is paid in exchange for your Personal Information.  However, because certain disclosures of Personal Information to Third Parties for marketing and analytics purposes may constitute “Sales” or “Shares” under applicable privacy laws, we provide notice here that we Sell, Share, and process for targeted advertising, and have Sold and Shared in the past 12 months, identifiers, such as IP addresses, commercial information, Internet or network activity information, geolocation data, and inferences via cookies, web beacons, and other tracking technologies (collectively, “Cookies”) to Third Party analytics and marketing providers and ad networks to conduct marketing and analytics. Consumers have the right to opt-out of the Sale and Sharing of their Personal Information and can submit a request to opt out by clicking the “Your Privacy Choices” link in the footer of each page of our website and clicking “Reject All” to opt out of non-strictly necessary Cookies.

Further, because the information we collect via Cookies may include health-related inferences about you, we provide the following notice as required by applicable law:

NOTICE: We may sell you Sensitive Personal Information.

Further, please note that we collect, process, and disclose Sensitive Personal Information for the purposes described in this Policy, which include purposes other than those that are permitted by Section 7027 of the California Consumer Privacy Act (“CCPA”) regulations. Accordingly, California residents have the right to limit the use of their sensitive Personal Information, as further detailed in the “Your Privacy Rights and Choices” section, below.

Disclosures to Service Providers and Third Parties

Disclosures to Affiliates and Subsidiaries

We disclose, and in the past 12 months we may have disclosed, each of the categories of Personal Information described above to our affiliates and subsidiaries for the purposes set out in the “Purposes of Collection” section of this Policy, including to deliver marketing communications, promotional material, or advertisements that may be of interest to you.

Disclosures to Service Providers

We disclose, and in the past 12 months we may have disclosed, each of the categories of Personal Information described above to our Service Providers for business purposes. These business purposes include the following: to provide customer service; to communicate with you; to provide advertising or marketing services; to provide analytic services; to support internal research; to verify service quality; to address online fraud and security; to support our business; and/or to provide similar services on our behalf. If we disclose your Personal Information to a Service Provider, we do so pursuant to a written contract that prohibits the Service Provider from retaining, using, or disclosing the Personal Information for any purpose other than for the specific purpose of performing the services specified in the contract, or as otherwise permitted by applicable law.

Disclosures to Third Parties

We disclose, and in the past 12 months, we may have disclosed, each of the categories of Personal Information described above:

• To Third Parties, such as marketing and analytics providers and ad networks, who may deliver marketing communications, promotional materials, or advertisements that may be of interest to you. Please note this may constitute a Sale or Share of your Personal Information. For more information, please see the “Sales, Shares, and Targeted Advertising” section of this Policy, above.
• To Third Parties when you engage in or interact with co-branded or co-sponsored content or activities, with your consent or at your direction to the extent required by applicable law.

Additionally, we may disclose each of the above-listed categories of Personal Information to Third Parties:

• Upon your request or approval, though we may not be able to accommodate all requests.
• As reasonably necessary to facilitate a merger, acquisition, sale, joint venture or collaboration, reorganization, divestiture, 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), or other types of strategic business transactions.  
• To law enforcement, government entities, including regulatory agencies and courts as reasonably necessary for our business operational purposes, to assert and defend legal claims, and otherwise as permitted or required by law.

We may also aggregate or de-identify the Personal Information we collect, and we may disclose aggregated and/or de-identified information to our Service Providers, and to Third Parties for our business operational purposes and for any other purposes permitted by applicable law.

Sources of Information

We obtain Personal Information from the following categories of sources as further explained below:

• Directly from you. For example, from information you provide on the Services, phone, mail, email, fax, forms you complete, or when you otherwise interact with us. You may choose not to provide us with your Personal Information. If you choose not to provide us with this information, you may still access and use portions of the Services. However, you may not be able to use portions of the Services which require you to provide Personal Information, such as the contact us page.
• Indirectly from you. For example, through information we collect while providing services to you and from observing your actions on the Services.
• Automatically from you. As you navigate through the Services, information collected automatically may include usage details, IP addresses, and information collected through Cookies. More specifically, this is collected through device identifiers (e.g., IP address, MAC address, other device IDs), IP address demographics (location, language, country of origin, etc.), technical device data (e.g., domain server, type of device, type of web browser) and activity information (e.g., access times, pages visited, search history, referring web site addresses, interactions with site features).
• Service Providers and Third Parties. We have previously collected and may continue to collect Personal Information from outside sources, including from our Service Providers and from Third Parties, such as advertising networks, online social networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers. We have relationships with these entities, who may collect or receive information and use this to assist in analyzing our business and customers.

How We Protect The Information We Collect

We build security into our system to help protect Personal Information from unauthorized access, disclosure, alteration, and destruction. We look for threats and take reasonable steps to respond to those threats and to protect the Personal Information we collect. Of course, no method of internet transmission or data storage can provide guaranteed protection to your information. We therefore cannot ensure that your Personal Information will not be disclosed, misused, or lost by accident or by the unauthorized acts of others.

Children Under The Age Of 18

Our Services are not intended for children under 18 years of age. No one under age 18 may provide any Personal Information on the Services. We do not knowingly collect Personal Information from children under 18, nor do we knowingly Sell or Share Personal Information of children under 18. If you are under 18, please do not use or provide any information on the Services. If we learn we have collected or received Personal Information from a child under 18, we will take steps to delete that information in accordance with applicable law. If you believe we might have collected Personal Information from your child who is under 18, please contact us at DPO@RecorMedical.com.

Links to Third-Party Websites; Social Media Sites

Our Services may link to third-party websites and services that we do not operate and are outside of our control. We are not responsible for the security or privacy of any information collected by other websites or other services. Please exercise caution and review the privacy statements applicable to the third-party websites and services you use.

We may offer social sharing features or other integrated tools, which let you share actions you take with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

Your Privacy Rights and Choices

This section provides additional disclosures to residents of states with comprehensive privacy legislation that applies to Recor (“U.S. Privacy Laws”), describes the rights, subject to applicable U.S. Privacy Laws, such consumers have with respect to their Personal Information, and explains how to exercise those rights.

Right to Know

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information. The information you have the right to request is:

• The categories of Personal Information we have collected about you.
• The categories of sources of the Personal Information we have collected about you.
• Our business or commercial purposes for collecting, Selling, and Sharing the Personal Information.
• The categories of Third Parties to whom we have disclosed Personal Information.
• The categories of Personal Information we have Sold or Shared about you and the categories of Third Parties to whom we have Sold or Shared the Personal Information.
• The categories of Personal Information we have disclosed for a business purposes and the categories of Service Providers to whom we have disclosed the Personal Information.
• Residents of certain states, including Minnesota and Oregon, also have the right to obtain a list of the specific Third Parties to whom we have disclosed Personal Information.

Please note that you can only make a verifiable request to know twice within a 12-month period.

California’s “Shine the Light” law (Civil Code Section § 1798.83) also permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please complete this webform or call us at 1-888-914-9661 (PIN 347535).

Right to Data Portability

You have the right to request the specific pieces of Personal Information we have collected about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the Personal Information to another data controller.

Right to Correct

You have the right to request that we correct any inaccurate Personal Information we maintain about you. Please note this right does not apply to Iowa or Utah residents.

Right to Delete

You have the right to request that we delete any of your Personal Information that we collected from you or about you, depending on your state of residence and subject to certain exceptions.

Exercising You Right to Know, Right to Data Portability, Right to Correction, or Right to Deletion

To exercise your right to know, right to data portability, right to correction, or right to deletion as described above, please submit a verifiable consumer request to us by completing this webform or by calling us at 1-888-914-9661 (PIN 347535). Only you, or your authorized agent (to the extent permitted by applicable U.S. Privacy Law in your state of residence), may make a verifiable consumer request related to your Personal Information.

To submit a request to know, data portability, correct, or delete, we require that you explain your relationship with us, specify your request type, and provide your name, email address, country, home address, the details of your request, and your date of birth. We use this information to identify responsive records and to verify your identity. Your request should include sufficient detail that allows us to properly understand, evaluate, and respond to it. Please note that we may require additional information from you to verify your identity and process your request.

If applicable U.S. Privacy Law in your state of residence permits an authorized agent to submit a request on your behalf and if you choose to use an authorized agent to submit a request on your behalf, you must provide the agent written permission to do so and the agent must verify their own identity directly with us, in addition to the steps we would take if we processed your request directly. If the agent does not submit proof that they have been authorized by you to act on your behalf, we may deny the request. In order to process your request, you or your authorized agent will need to provide such authorization to our data privacy department at DPO@RecorMedical.com.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Right to Opt-out of Sales and Sharing; Right to Limit; Right to Withdraw Consent

Right to Opt-Out of Sale, Sharing, and Processing or Targeted Advertising.

You have the right to opt out of the Sale and Sharing of your Personal Information and the processing of your Personal Information for targeted advertising. To do so, click the “Your Privacy Choices” link in the footer of each page of our website and click “Reject All.”

Right to Limit Use of Your Sensitive Personal Information

We process Sensitive Personal Information for the purposes listed in the “Purposes of Collection” section of this Policy, which may include purposes beyond those strictly permitted by the CCPA regulations. Accordingly, California residents have the right to limit the use of their Sensitive Personal Information to the purposes permitted by the CCPA. To limit the use of your Sensitive Personal Information collected via Cookies, click the “Your Privacy Choices” link in the footer of each page of our website and click “Reject All.” To limit the use of your Sensitive Personal Information in all other contexts, complete this webform or call us at 1-888-914-9661 (PIN 347535). Authorized agents may also submit requests via these methods, where permitted by U.S. Privacy Laws.

Right to Revoke Consent

You have the right to revoke any consent you previously provided for the processing of your Personal Information. To revoke consent you previously provided for processing of your Personal Information collected via Cookies, click the “Your Privacy Choices” link in the footer of our websites and click “Reject All.” To revoke consent you previously provided for the processing of your Personal Information collected in other contexts, complete this webform or call us at 1-888-914-9661 (PIN 347535). Authorized agents may also submit requests via these methods, where permitted by U.S. Privacy Laws.

As described above, we do not engage in profiling or automated decision making that has legal or similarly significant effects. But if we did, you would have the right to opt out of the profiling of Personal Information in furtherance of solely automated decisions that have legal effects or similarly significant effects concerning consumers.

Appeals Rights

Residents of certain states have the right to appeal our decisions on their privacy rights requests. This section does not apply to California or Utah residents, or to residents who reside in other states where the applicable U.S. Privacy Law does not give them the right to appeal a controller’s decision regarding privacy rights requests. To submit an appeal, email DPO@RecorMedical.com with ‘Privacy Appeal’ in the subject line. Please enclose a copy of or otherwise specifically reference our decision on your privacy rights request so that we may adequately address your appeal. We will respond to your appeal in accordance with applicable law.

Choices Concerning Cookies and Other Tracking Technologies

Cookies

We use Cookies to enhance your browsing experience, serve personalized ads or content, and analyze the usage of our Services. You can choose your preferences for Cookies by accessing the Cookie Preference Center on our Services, which you may access via the cookie banner or by clicking on the “Your Privacy Choices” link in the footer of our website, using the toggle buttons to accept or reject each type of Cookie, and then clicking “Confirm My Choices.” Most web browsers automatically accept cookies, but depending on your browser, you may be able to change your browser settings to prevent the browser from accepting cookies. If you reject Cookies, you may still use the Services, but your ability to use some areas and features/functions of the Services may be limited. 

Browser Opt-Out Preference Signals

Some web browsers or devices offer settings where you may pre-set a signal to websites that you do not want to have your online activity and behavior tracked, Sold, Shared, or otherwise used for targeted advertising purposes. We recognize the opt-out preference signals that we are required to recognize for compliance with applicable law. Where required by law, we treat the opt-out preference signals we are required to comply with as a valid request to opt-out of Sale, Sharing, and processing for purposes of targeted advertising, as applicable, for the browser or device through which the signal is sent and any consumer profile we have associated with that browser or device, including pseudonymous profiles. Further, if we know the identity of the consumer from the opt-out preference signal, we will also treat the opt-out preference signal as a valid request to opt out of Sale and Sharing for such consumer. Consumers may use opt-out preference signals by downloading or otherwise activating them for use on supported browsers and setting them to send opt-out preference signals to websites they visit. Please note that we do not currently respond to the “Do Not Track” signal.

Right to Non-Discrimination

We will not discriminate or retaliate against you for exercising any of your rights as set forth in this Policy. Unless permitted by the law, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other Disclosures

California Residents Under Age 18

If you are a resident of California under the age of 18 and a registered user of our Services, you may ask us to remove content or data that you have posted to the Services by writing to DPO@RecorMedical.com. Please note that your request does not ensure complete or comprehensive removal of the content or data, as, for example, some of your content or data may have been reposted by another user.

Financial Incentives for California and Colorado Residents

We do not provide financial incentives to California consumers or bona fide loyalty programs to Colorado consumers who allow us to collect, retain, Sell, or Share their Personal Information. We will describe such programs to you if and when we offer them to you.

Disclosure for Nevada Consumers

We may sell “covered information” as defined under Nevada law, but we generally do not disclose or share “personal information” as defined under Nevada law for commercial purposes. Under Nevada law, you have the right to direct us to not sell your covered information to third parties, as defined under Nevada law. To exercise this right, if applicable, you or your authorized representative may contact us at DPO@RecorMedical.com or by phone at (888) 914-9661. 

Changes to Our Consumer Privacy Notice (Privacy Policy)

We reserve the right to amend this Policy at our discretion and at any time. This Policy will be reviewed at least once every 12 months and will reflect the date it was last updated at the top of the Policy. If required by applicable law, we will provide you with additional notice if we make a material change to the Policy, for example, by sending you an email or posting a banner on our Services.

Contact Us

If you have any questions or concerns regarding our Policy or any questions about the security of our Services, please contact us by email at DPO@RecorMedical.com or by phone at (888) 914-9661.