1. What types of information do we collect?
Generally, we intend to collect information related to our Services, namely manufacturing and sales of medical devices and provision of related services. We do not request sensitive personal health information from individual use of these devices.
We may collect the following categories of personal information about you:
- Account information. We collect information when you create and use an account through the Services, such as when you make a purchase. Personal information collected may include your username, password, social media profiles, and email address.
- Contact information and preferences. We collect contact information, such as your name, telephone number, mailing address, and other identifiers when you use the Services, including when you provide information to us or make a purchase.
- Biographical and demographic information. This information includes your date of birth, age, and gender.
- Employer information. We collect information about your employer, including your employer’s name and address.
- Financial and payment information. If you make a purchase through the Services we will collect your order information, payment, and billing/shipping information, such as your credit card number, expiration date, and CVV code to process and fulfill your orders.
- Internet activity/device information. When you use the Services, we automatically gather information made available by your web browser, internet service provider, and device (such as your computer, phone, tablet, or smart watch), depending on your settings for each. For example, we may collect your IP address, information about the operating system or type of device used, the device ID associated with your device, the date and time you access the Services, and your log in attempts. We may also collect information about your browsing and search history and information regarding your interaction with a particular website, application, or advertisement, including the Services; and we may collect information regarding the websites, applications, or advertisements you visited immediately before and after your use of the Services.
- Geolocation information. We collect your approximate location from your IP address.
- Communications with Avive. We collect information including your interactions with us and contacts through social media.
- Other personal information. We may collect other information from you, such as when you request assistance through customer service, or when you voluntarily subscribe to newsletters or reminders. You will always be asked for your consent in advance of providing such other information.
2. How/when do we collect your information?
Avive collects the personal information referenced in Section 1 through the following sources and means:
- When you provide information through use of the Services. We collect personal information when you provide it, for example, when you create an account, make a purchase, or save preferences. We also collect personal information, such as your email address, if you sign up for newsletters, or provide your contact information via downloads of our published content.
- From your device(s). We collect data through our websites and apps and automatically from devices you use to connect to our Services.
- When you make a purchase. When you make a purchase, we will collect information to process, fulfill and ship your order.
- When you communicate with us. We collect information from your communications, such as when you email us, contact customer service, or communicate via social media.
- From third parties. Avive may collect transaction and payment information as well as email addresses, phone numbers, and other personal information from services providers (for example, payment processors and shipping providers) as necessary to complete transactions through the Services.
- Other non-personalized data. We may collect this information at any time from public, third party, and other sources including social media.
3. How do we use your information?
Avive uses the information we collect for certain business and commercial purposes. “Business purposes” means the use is necessary to provide and Services and “commercial purposes” are uses that advance our business interests, such as marketing the Services.
For the most part, Avive uses personal information to provide our products and Services to you and make them better, to process your transactions, to communicate with you, for security and fraud prevention, and to comply with law. We may also use personal information for other purposes with notice or with your consent.
Generally, we use personal information to:
- Provide and develop our products and Services. Avive collects information to provide our Services, maintain our websites and apps, and better understand the interests of our customers and visitors who use our Services. We may also use your information to customize your experience with Avive such as recognizing you when you visit our websites, remembering your preferences, or showing you more relevant advertisements.
- Process and fulfill your orders. We collect payment information to process your transactions and deliver our products and Services.
- Communicate with you. We use your information to respond to your inquiries from you. We may send you administrative communications regarding our products or Services, your purchases and transactions. We may also notify you about special promotions or offers that may be of interest to you and invite you to participate in surveys about our products or Services.
- Security and fraud prevention. We may use personal information to monitor, detect and prevent fraud and improper or illegal activity and protect you, Avive, other customers, and the public. We also use data to secure our online services including our network, websites and apps debug our online services.
- Comply with law. To comply with applicable law, comply with Avive’s legal and regulatory obligations, defend ourselves in litigation and investigations, and to prosecute litigations.
- To advertise to you. We may use information gathered through cookies and web beacons, including those placed by third parties, to deliver advertisements specific to your personal interests. You can learn more about retargeting practices, including how to revoke your consent, by visiting these websites or contacting us.
- To advertise to others. We may use information to advertise to others, for example, by sharing your reviews about us.
We may also aggregate, anonymize and/or de-identify data we collect about customers and site visitors and use it for any purpose, including product and service development and improvement activities.
4. How do we disclose your information?
Avive may disclose your personal information with the following third parties for the business and commercial purposes discussed above:
- Service Providers. We may share your personal information with our vendors, contractors, business and service partners, or other third parties. Examples of service providers include advertisers, payment processing companies, customer service and support providers, email, IT services and SMS vendors, web hosting and development companies and fulfillment companies. Avive’s practice is to require its service providers to keep your personal information confidential and to use personal information only to perform functions for Avive.
- Government Officials and Other Parties. To comply with our legal obligations, we may disclose your personal information in response to subpoenas, court orders, and other valid legal processes (for example it may be necessary for us to share information with the FDA). We may also disclose personal information when we believe it is necessary to prevent illegal, fraudulent, or injurious actions that may cause harm to individuals.
- Advertising Partners. We may disclose information as needed to advertising partners. For example, we may share information gathered through cookies and tracking tools to allow a third party to advertise our products to you after you leave our website.
- Other Users. We may share your public content, such as reviews and comments about the Services and our products, including by reposting your reviews on our website, in our advertising, and through our social media accounts.
- Sponsors or Promoters. We may disclose information as needed to sponsors or promoters of any competition we run.
5. International transfers of personal information
6. How do we protect your information?
We maintain safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the internet can be 100% secure. As a result, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our Services, and you do so at your own risk. The security of your personal information also depends on you. You should protect and refrain from sharing your sensitive personal information and immediately notify us or impacted third parties of any suspected data breach.
7. What are your privacy rights?
We respect your decisions about your personal information. Depending on where you reside, you may have certain rights and choices regarding our processing of your information, as outlined below.
- Right to know the categories and/or specific pieces of personal information collected about you, including whether your personal information is sold or disclosed, and with whom your personal information was shared
- Right to access a copy of the personal information we retain about you
- Right to correct personal information we retain about you
- Right to request deletion of your personal information
- Right to direct us to correct your personal information
- Right to opt out of certain privacy practices, including any sale or sharing of information and use of automated decision-making technology if applicable. Please see our Do Not Sell or Share My Personal Information
- Right to limit the use and disclosure of sensitive personal information if applicable. Please see our Limit the Use of My Sensitive Personal Information
- Right to access information about automated decision making
- Right to no discriminatory treatment (we will not discriminate against you for exercising your rights)
Avive offers programs, benefits, and other offerings to consumers related to the collection, retention, or sharing of personal information that may be deemed a “financial incentive” or “price or service difference”. These offerings may involve collecting the following categories of personal information from customers who participate: identifiers; commercial information and preferences; internet or other electronic network activity information and device information. We are providing you with this information so that you may make an informed decision on whether to participate in our programs.
California’s Shine the Light
In addition, under California’s “Shine the Light” law, California residents who provide information when using the Services may request certain information regarding our disclosure of your information to third parties for their direct marketing purposes.
European Economic Area Residents
Generally, residents of the European Economic Area (“EEA”) have the right to access information we hold about you and to ask that your information be corrected, updated, or erased, and the right to object to, or request that we restrict, certain processing of your information. You also have the right to lodge a complaint with the data privacy authority where you live, see e.g., this website. If you are a resident of the EEA or the UK, our legal basis for collecting and using your personal data or information is to do so with your consent, in performance of a contract, or where the collection and use is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. You may withdraw your consent to our collection and use of your personal data and to exercise your rights. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
If certain other privacy laws apply to you that afford you with additional rights, please contact us to make a request, as we strive to comply with all privacy rights.
Process for Making a Request
To make a privacy request regarding your personal information, please contact us as outlined below with your name and the email associated with your use of the Services. If you are making a privacy request through an authorized agent, please also provide the agent’s name and email address and statement of authorization. If we need additional information to verify your identity or process your request, we will promptly respond to you.
There may be situations where we cannot grant your request, for example if you make a request and we cannot verify your identity, we will not be able to comply with the request. We may also be unable to comply with your request if we have a legal or regulatory obligation to keep your personal information. Where we deny your request in whole or in part, we will take steps to inform you of the denial and provide an explanation of our actions and the reasons for the denial.
Please note, certain choices may affect our ability to deliver the Services. For example, if you sign up to receive marketing communications by email, then ask us to delete all of your information, we will be unable to send you marketing communications.
8. How do we protect the privacy of children?
Avive does not knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected such information, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to third parties.
9. How long do we keep your information?
10. Do we transfer your information to a different country?
The personal information we collect is stored and processed in Canada and United States, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.
11. How can you receive and opt-out from marketing communications?
12. Links to third-party websites
13. Do we respond to Do No Track ("DNT") signals?
DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked. We do not respond to DNT requests.
Avive Solutions, Inc.
Attention: Privacy & Security
223 Mississippi Street, Suite 2
San Francisco, CA 94107