Effective date: January 18, 2023
Aqua Medical, Inc., (hereinafter also referred as: “Aqua Medical”, “we”, “us” or “our) is conducting business within the United States, the United Kingdom, the European Union (EU) and the European Economic Area (EEA) understands the importance of privacy to our customers, visitors, suppliers, business partners, employees and other individuals (hereinafter also referred as: “you” or the “user” or the “data subject”). We are committed to protecting and respecting your privacy.
Some of the information we collect through this Site may be “personal data” as defined below, collected when you visit or use this website.
This Policy may be supplemented or amended from time to time by additional privacy notices (“Privacy Notices”), provided at the time we collect your information. For example, certain pages of this Site may contain Privacy Notices providing more details about the information we collect on those particular pages, why we need that information, and choices you may have about the ways we use that information. In other cases, specific Privacy Notices may be required to comply with the privacy laws of one of the countries, provinces, or states in which we do business.
California Residents should review the CCPA Privacy Notice Addendum to be advised of their privacy rights.
If you have a disability, you may request access to this Policy in an alternative format by contacting firstname.lastname@example.org.
By using this Site, you are consenting to the collection, use, disclosure, and transfer of your information as described in this Policy (and any Privacy Notices that apply to you). If you do not consent to the collection, use, disclosure and transfer of your information as described in this Policy (and any Privacy Notices that apply to you), you may not use this Site. If you have questions about this Policy, or any Privacy Notice, please contact us using the information provided below.
You may revoke your consent for the collection, use, disclosure, and transfer of your information as described in this Policy (and any Privacy Notices that apply to you) by contacting us directly.
Changes to this Policy
Aqua Medical reserves the right to update or modify this Policy and any Privacy Notice, at any time and without prior notice, by posting the revised version of the Policy or Privacy Notice on this Site. These changes will only apply to the information we collect after we have posted the revised Policy or Privacy Notice on this Site.
Your use of this Site following any such change constitutes your agreement that all information collected from or about you after the revised Policy is posted will be subject to the terms of the revised Policy. You may access the current version of this Policy at any time by clicking on the link marked “Privacy” at the bottom of each page of the public areas of this Site.
Information We Collect
Personal Data means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Personal Data You Manually Provide.
Aqua Medical collects the information you manually provide (using your keyboard, mouse, or touchpad) when you use this Site, for example, we collect the information you provide if you choose to complete a pre-screening questionnaire entitled, “Am I a Candidate?” or similar questionnaire, contact us with questions, or otherwise interact with this Site. Some of the information you may choose to manually provide will be Personal Data including but not limited to:
- Contact data: such as name, title, address, phone number, mailing address, and email.
- Other identifiers: such as device ID or serial number, various types of personal health information (e.g., health insurance information, medical information, and the like), online identifiers, and other similar identifiers.
- Communication data submitted by you: such as questions and feedback.
- Demographic data: such as language, age, and gender.
- Marketing preferences: such as e-mail subscription and frequency preferences.
Aqua Medical collects information that is sent to us automatically by your web browser or mobile device. This information includes but is not limited to:
- Product use and application data (including date and time of your visit)
- IP address
- The browser you are using (including name and version)
- Your location and other geographic data
- The website you came from and the website you visit after leaving
- Pages viewed on the Site
- Links clicked on the Site
- Time spend on a particular page of the Site or the Site as a whole
- Site data used to facilitate the use of the Site such as login and technical data
- Collect information about the ways visitors use this Site—which pages they visit, which links they use, and how long they stay on each page
- Support the features and functionality of this Site—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits
- Personalize your experience when you use this Site; and
- Improve our marketing efforts, including through use of targeted advertising.
The information we collect using cookies and similar technologies is not, in and of itself, personally identifiable, but we may link it to Personal Data that you provide. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit this Site, you may be unable to use all of the functionality of this Site if your browser rejects our cookies.
Information Collected by Third-Party Cookies
In addition to the cookies Aqua Medical delivers to your computer or mobile device through this Site, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites. To learn more about Google Analytics, click here.
Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online behaviors over time and across nonaffiliated websites and/or delivering targeted advertisements either on this Site or on other websites.
You have choices about the collection of information by third parties on our Sites. For example, if you don’t want information about your visit to this Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to Aqua Medical.
Our Legal Basis for Processing Personal Data
We may process the Personal Data we collect/receive under the following legal bases:
- Consent. In some cases we will only process your information where you have given your consent. For example, if you sign up for email communications, provide your phone number for phone communication, or where you may be providing special categories of personal data. Please note that we may have a different legal basis for processing (e.g., legitimate interest) so that consent is not needed. When our use and sharing is not readily apparent when you provide your information, we will provide additional information at the time we collect the information regarding our purposes and use of the information.
- Legitimate interest. We can process your personal data if (i) we have a genuine and legitimate reason; and (ii) are not harming any of your rights and interests. We will use your personal data in order to help us give you the most appropriate information and to provide you with the best experience when dealing with us. Whenever we process your personal data for our legitimate interests, we will consider and balance any potential impact on you and your rights under data protection law.
- As required by law. Where we are required to comply with our legal obligations, or to establish and defend our legal rights, or to prevent and detect crimes such as fraud.
How We Use Your Information
We may use the information we collect through this Site for various purposes, including but not limited to:
- To provide you with access to this Site.
- To respond to your requests.
- To personalize your access to our Site.
- To develop records (including records of your Personal Data).
- To contact you with pertinent information about clinical trials or important safety information.
- For analytical purposes and to research, develop, and improve programs, products, services, and content.
- To remove your personal identifiers. Once we have de-identified information, it is considered non-Personal Data and we may treat it like other non-Personal Data.
- To enforce this Policy and other rules about your use of this Site.
- To protect someone’s health, safety, or welfare.
- To protect our rights or property.
- To comply with a law or regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
How We Share Your Information
For the Purpose of Determining your Eligibility for a Clinical Study
If you choose to provide information through our Site to see if you qualify to participate in a clinical study, we may share your information with business partners or potential study center(s) so that they may contact you to see if you are a suitable candidate for one of our clinical studies. We require such business partners or potential study centers to restrict their use of any personally identifiable information received through our Site to the intended purposes.
In Aggregate or De-Identified Form
We use information collected through this Site to create a compiled, aggregate view of usage patterns. We may share aggregate information with third parties for various purposes including so they can better understand our user base. We may also share with third parties information about how particular individuals use this Site, but only on a de-identified basis (“Individualized Data”). Individualized Data is not personally identifiable, but it does reflect the usage patterns of a particular Site user, as opposed to Site users collectively. For clarity, we may use and share aggregated or de-identified data without restriction.
As Part of a Business Transfer
Your information may be transferred to successor organization if, for example, we transfer the ownership or operation of this Site to another organization or if we merge with another organization or liquidate our assets. If such a transfer occurs, the successor organization’s use of your information will still be subject to this Policy and the privacy preferences you have expressed to us.
To Comply with Laws and Protect Our Rights and the Rights of Others
As Described in a Privacy Notice or Click-Through Agreement
We reserve the right to disclose your information as described in any Privacy Notice posted on a page of this Site where you provide that information. By providing your information on that page you will be consenting to the disclosure of your information as described in that privacy notice. We also reserve the right to disclose your information as described in any click–through agreement to which you have agreed.
Aqua Medical will not sell your information to any third parties.
How We Protect your Information
Aqua Medical takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information we collect. Although we use reasonable measures to help protect your information against unauthorized use or disclosure, we cannot guarantee the security of information provided over the Internet or stored in our databases and will not be responsible for breaches of security beyond our reasonable control.
Transfer and Storage of your Personal Data
We may store, collect, transfer and process your Personal Data in the United States. The data protection and other laws of countries to which your information may be transferred may be different in your country. By submitting your Personal Data, you agree to any transfer, storing or processing.
Retention of Your Information
Aqua Medical retains the Personal Data collected on this Site as long as necessary to fulfill the purpose for which it is collected or as permitted by applicable law.
This Website is not targeted to children under the age of 16 and we do not knowingly collect or solicit Personal Data about such children. If we discover that a child has provided us with Personal Data online through this Website, we will take delete this information as quickly as possible. If you believe we may have received Personal Data from a child under the age of 16, please contact us immediately.
Your rights (US Citizens)
You may revoke your consent for the receipt of communication that we send to you at any time by using the “unsubscribe” functionality included in our emails to you or by contacting us directly.
You should note that this will not affect all communications from us, for example, we are legally required to provide notices such as notification of a data breach in which case you should expect to receive a notification via email. It is important that the Personal Data we hold about you is accurate and current. Please keep let us know if your Personal Data changes.
You may make a request to access, correct, or delete your Personal Data or otherwise object to our processing of such Personal Data by contacting us directly. We will respond to reasonable requests in accordance with applicable law and subject to legal and contractual restrictions. We will not discriminate against you for exercising these rights.
There may be times where we cannot grant you access to the Personal Data we hold. For example, if such disclosure would interfere with the privacy of others or if it would result in a breach of confidentiality. We will provide written explanation for our refusal to grant access.
California residents, please see the respective Privacy Addendums to understand your rights.
Your Rights under the GDPR (For EU and EEA citizens)
- Request access to your Personal Data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.
- Request correction of the Personal Data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
- Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please 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 your consent. You have the right to withdraw your consent on using your Personal Data. If withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Service.
- To file a complaint to a Supervisory Authority. You have the right to complain to a Supervisory Authority about our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local Supervisory Authority in the EEA.
Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
Links to Other Websites
- By email: email@example.com
- By mail: Aqua Medical, Inc., 6634 Owens Drive, Pleasanton, CA 94588
Addendum: California Residents Privacy Notice
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights”
section below for instructions regarding how to exercise these rights.
Effective January 18, 2023
The California Consumer Privacy Act (CCPA) defines Personal Information as information that identifies, relates to, or could reasonably be linked with you or your household.
Please note that we may process Personal Information of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data.
Categories of Personal Information we collect
We collect Personal Information as defined by the California Consumer Privacy Act. We have collected the following categories of Personal Information from our California consumers within the last twelve (12) months from the sources listed in the Privacy Statement:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||NO|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data||Physical location or movements.||NO|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Use of personal information
Sharing your personal information
Category A: Identifiers. Category F: Internet or other similar network activity.
We disclose your Personal Information for a business purpose to the following categories of third parties:
- Service providers;
We do not sell your Personal Information (as the term “sale” is defined in the CCPA).
By law if you are a resident of California, you have the following rights:
- The right to notice. You must be properly notified which categories of Personal Information are being collected and the purposes for which the Personal Information is being used.
- The right to access / the right to request. You have the right to request certain information
about our collection and use of your Personal Information over the past 12 months. In response, we will provide
you with the following information:
- The categories of Personal Information that we have collected about you.
- The categories of sources from which that Personal Information was collected.
- The business or commercial purpose for collecting or selling your Personal Information.
- The categories of third parties with whom we have shared your Personal Information.
- The specific pieces of Personal Information that we have collected about you.
If we have disclosed your Personal Information to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Information shared with each category of third party recipient. If we have sold your Personal Information over the past 12 months, we will identify the categories of Personal Information sold to each category of third party recipient.
- The right to say no to the sale of Personal Information. You also have the right to ask us not to sell your Personal Information to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Information” section or web page. Please note that at this time we do not sell your Personal Information.
- The right to know about your Personal Information. You have the right to request and obtain from
us information regarding the disclosure of the following:
- The categories of Personal Information collected
- The sources from which the Personal Information was collected
- The business or commercial purpose for collecting or selling the Personal Information
- Categories of third parties with whom we share Personal Information
- The specific pieces of Personal Information we collected about you
- The right to delete Personal Information. You have the right to request that we delete the Personal Information that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with the Website or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
- The right not to be discriminated against. We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Website as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Information that we receive from you.
To exercise the rights described above, you may either:
- Your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
- Email us at: firstname.lastname@example.org
- Submit a form at this address: http://www.aquaendoscopy.com/contact
You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this
Do Not Sell My Personal Information
We do not sell Personal Information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” Personal Information as defined by the CCPA law.
If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Website:
- From our “Cookie Consent” notice banner
- Or from our “CCPA Opt-out” notice banner
- Or from our “Do Not Sell My Personal Information” notice banner
- Or from our “Do Not Sell My Personal Information” link
The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Mobile Devices Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
- “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
- “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
California’s Shine the Light law
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Information with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us using the contact information provided in this Addendum.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, you can contact us using the contact information provided in this Addendum and include the email address associated with your account.
Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.