PRIVACY POLICY

What is Personal Data?

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.

Your acknowledgment of this Policy

By using this Site, including your choices regarding cookie settings, or using the Services, you are acknowledging and agreeing to the collection, use, disclosure, and transfer of your information as described in this Policy (and any additional Privacy Notices that apply to you). If you do not agree 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 or the Services. If you have questions about this Policy, or any Privacy Notice, please contact us using the information provided below.

Where any of your Personal Data is processed based on your consent, you may revoke your consent to 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.

Complete agreement for use of the Site

This Policy is a component of the Terms of Use that govern your use of this Site. A link to our Terms of Use is also provided through the Privacy Statement link near the bottom of each page of this Site.

Except as written in any other disclaimers, policies, or other notices on this Site, this Policy and the Terms of Use are the complete agreement between you and Reflow Medical with respect to your use of this Site. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use. There may be additional terms that apply to particular materials on or sections of this Site.

Changes to this Policy

Reflow 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 or the Services 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 Statement” near the bottom of each page of the public areas of this Site.

How do we collect your Personal Data?

How we collect Personal Data will depend upon the nature of your dealings with us. We collect and use non-Personal Data differently from Personal Data.  Whenever it is reasonable and practical to do so, we will collect your Personal Data directly from you. We may also collect Personal Data from third parties, including in the course of providing products to you such as from our distributors, your healthcare practitioners, your caregiver/family member, guardian, publicly available information and databases supplied by third parties.

If you are one of our suppliers, distributors or a healthcare professional that uses our products, your Personal Data may be collected from you, your employer, other employees, or third parties. Similarly, if you are a prospective employee, we may collect information through third parties such as recruiters.

If you choose not to provide some Personal Data to us, this may affect our ability to provide products or services to you.

Information We Collect

Generally, Personal Data we may collect might include but is not limited to:

• Name and contact details;
• Details of your company, industry, role and accreditations;
• Information from your visits to our websites, including the IP address, type of browser, device (including unique device identifiers) and operating system you use, network information, access times, pages viewed, links clicked on, cookie information;
• Details of products you have inquired about, including any additional information necessary to respond to your inquiries;
• Information that you provide to us directly through one of our websites, apps or that you email to use; and
• Information you provide in customer surveys, interviews or case studies.

It is important that the Personal Data we hold about you is accurate and current. Please let us know if your Personal Data changes.

Product User Data

If you are a someone who uses our products including clinical trial participants: we may collect additional specific information about your use of our products and you, such as your gender, date of birth, your medical history and conditions, treatment, device information, family and social history, medical inquiries you or your physician make, and adverse events you report. We may receive some of this information from third parties, such as our distributors or your health care professional. Some of this information may be, but is not always, anonymized, or de-identified. If you are a clinical trial participant, your information will be used in accordance with the informed consent and applicable law.

Suppliers, Customers or Other External Stakeholder Data

If you are a supplier, customer, distributor, or a healthcare professional that uses our products: we may collect additional specific information including information about your professional details, practice specialty and areas of interest, membership of professional associations, product usage and your dealings with us.

If you are an employee, contractor or applicant: we may collect additional specific information including your gender, date of birth, contact details, information collected in our employment records, including tax file number, job application, reference checks, curriculum vitae/resume, records of training, documentation of performance appraisals and disciplinary matters, employment terms, and medical condition or history. We may receive some of this information from third parties such as recruiters or from reference checks.

Personal Data You Manually Provide through this Site

Reflow Medical collects the information you manually provide (e.g., using your keyboard, mouse, or touchscreen) when you use this Site. For example, we collect the information you provide if you choose to complete a 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 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.

Information Automatically Collected through this Site

Reflow Medical collects information through this Site that is sent to us automatically by your web browser or mobile device. This information may include 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, if you are sharing that information
• The website you came from and the website you visit after leaving
• Pages viewed on the Site
• Links clicked on the Site
• Time spent 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

The information we receive may depend on your browser or device settings as well as your cookie settings. The information we receive from your web browser and device typically is not, in and of itself, personally identifiable. However, we may combine it with other information that either does, or may, identify you.

Information Collected by Cookies and Other Technologies through this Site

We use “cookies” and other technologies to collect information and support certain features of this Site. For example, we may use these technologies to:

• 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 choose to reject cookies in your cookie settings when you visit our Site. You may also 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 you or your browser rejects cookies.

Information Collected by Third-Party Cookies through this Site

In addition to the cookies Reflow Medical delivers to your computer or mobile device through this Site, certain third parties (Tracking and Performance Cookies) may deliver cookies to you for a variety of reasons. For example, we may use a web analytics tool that helps us understand how visitors engage with our Sites.

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. You may use the cookie pop-up banner on the Site to decline non-essential cookies. Additionally, you may download an Opt-out Browser Add-on to opt-out of Google Analytics by clicking here. Similarly, to opt-out of cookies used for interest-based advertising by similar services globally, click here or here.

You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on this Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies. Please note that the industry-developed opt-out mechanisms are device and browser specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices and browsers, you need take the steps outlined above from each device and browser.

Our Legal Basis for Processing Personal Data

We may process the Personal Data we collect/receive under the following legal bases.

• 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 provide you with our services and to give you the most appropriate information, products and services 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.
• 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 such as your health information. Please note that we may have a different legal basis for processing (e.g., legitimate interest) in some cases 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. We will obtain your consent before we process health information about you.
• 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

Collected through this Site

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 products, clinical trials, or important safety information, and about products and services of ours and of others.
• 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 may be considered non-Personal Data and if so 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.

Collected through our Services

Generally, the purpose for which we collect Personal Data will be apparent from the way in which we collect it or will be disclosed before or at the time of collection. We may use your information, including Personal Data to:

• Provide you and your healthcare professionals with product support.
• Respond to and fulfill queries and requests you, your healthcare professional and our distributors and suppliers may make.
• Administer, improve and promote our products.
• Analyze the performance of our products.
• Improve our services and services of our third-party suppliers and distributors.
• Monitor the safety of our products and record, analyze and respond to and act on medical queries, complaints and safety reports and to report as required to regulatory bodies and other relevant companies which market and sell our products.
• Notify you of matters concerning the safety of our products which we consider you should be notified of or to notify you as may be required by law or regulation.
• Generate and maintain customer lists for the purposes of our own market research and to enable us or our distributors to undertake marketing to you and others.
• Perform clinical trials and other research organized by us which you have agreed to be involved in.
• Administer patient support, health awareness/management programs or other similar programs organized by us.
• Organize and administer conferences, symposia, seminars or other events and meetings.
• Generate and maintain our investor information to comply with legal requirements and to enable reporting to investors.
• Provide you with information such as our press releases.
• To maintain our register of shareholders and investor communication lists and to make offers and communicate with our shareholders and investors.
• Comply with applicable laws, regulations, guidance, codes of conduct, product approvals, license requirements and ethical requirements including to comply with demands or requests made by regulators, governments, courts and law enforcement authorities.

How We Share Your Information

Our headquarters are in the United States. We may disclose your information to other companies, or to databases or servers overseas which may be provided to us by our third-party service providers. As a result, your Personal Data is sometimes shared with others and transferred and processed outside of your home country. We may share your Personal Data with:

• Companies within our group.
• Third parties who we have a business relationship with, including distributors, agents, suppliers, healthcare professionals and advisors. This would also include companies that provide technology services to us, our professional advisors, and auditors.
• Governments, regulators, courts, and law enforcement authorities.
• Other third parties in connection with any reorganization or sale of all or any part of our business.

We will not sell, share, or otherwise distribute Personal Data about you to any person, except as provided in this Policy and in accordance with applicable law and regulation. The circumstances in which we may disclose that information include where:

• We may share your information with selected third-party service providers in connection with our business operations, for example, email or cloud service providers.
• We expressly tell you at the time you supply the information, or it is expressly permitted under any agreement with you.
• The information is aggregated and/or no longer personally identifiable.
• It is necessary to provide you with the products which you have requested.
• It is requested by third parties for use in the ordinary operation of our business. We will only disclose your Personal Data to reputable third parties and only on a confidential basis.
• Disclosure is in response to demands or requests made by regulators, governments, courts, and law enforcement authorities.
• Permitted or required by law, regulation, or applicable guidance.

How We Protect your Information

Reflow Medical takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information we collect. Although we seek to 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 electronically, whether by us or a third party.

Transfer and Storage of your Personal Data
We may store, collect, transfer, and process your Personal Data in a country other than your country of residence. These countries include the United States, the United Kingdom, or countries in the European Union. The data protection and other laws of countries to which your information may be transferred may be different in your country.

Retention of Your Information
We will always keep Personal Data for the period required to comply with applicable laws, regulations, guidance, codes of conduct, product approvals, license requirements, ethical and safety requirements. We may also maintain your information as required to comply with any contract of which we are a party. Otherwise, we keep your Personal Data:

• For as long as needed to provide you with access to product and longer to assist us in best addressing any safety matters that may arise with respect to our products.
• Where you have contacted us with a question or request, for as long as necessary to allow us to respond to your question or request.

Children’s Privacy
This Website is not targeted to children under the age of 18 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 delete this information as quickly as possible. If you believe we may have received Personal Data from a child under the age of 18, please contact us immediately.

Your Rights

Marketing Email Opt-Out
You may revoke your consent for the receipt of marketing communications 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, such as notices we are legally obligated to provide or if we are responding to an email you send us.

Data Subject Rights
Your rights will vary depending on which laws apply, and different laws may apply depending on where or your data is located. You may make a request to exercise any rights that you may have, and we will comply with any laws that apply. You may have the following rights:

• Know. You may have the right to know about and confirm the existence of Personal Data about you, how we use or share it, what categories of Personal Data we process, our purposes of processing, and categories of parties we disclosed Personal Data to.
• Access and portability. You may have the right to access your Personal Data, specific pieces of information, and know of third parties Personal Data was disclosed. You may have a right to obtain a copy of your data, including in a machine-readable format.
• Correction. You may have the right to correct or amend your data if it is incomplete, inaccurate, or outdated.
• Deletion or elimination. You may have the right to request your Personal Data be deleted or eliminated. Subject to applicable law, we may de-identify this data in certain circumstances.
• Restriction. You may have a right to restrict processing of your data in some circumstances, such as if processing is excessive or unlawful, the accuracy of the data is contested, the controller no longer needs the data for its primary processing purposes but is needed for legal or compliance purposes, or if (in California) the data is sensitive Personal Data like health information and it is being used for purposes beyond those reasonably necessary to perform services or provide goods requested.
• Objection and opt–out. You may have the right to object to or opt-out of processing of Personal Data about you in certain circumstances. This can include cases where that data is used for direct marketing (including email or telephonic marketing), shared with third parties for their own marketing or for retargeting or cross-contextual marketing, sold to third parties, used to make certain automated or artificially-generated decisions or profiles about you, used for historical or scientific research, or used to contact you with automated/prerecorded voice telephonic messages in some cases.
• Consent and cancelation of consent. You may have the right to consent, and to withhold or cancel that consent, for some practices, including processing of sensitive Personal Data or data on children, or where we use consent as our lawful basis for processing or transfer. If you cancel your consent, we will not further collect or process the Personal Data on the basis of that consent unless allowed or required by applicable law.
• Non–discrimination. We will not discriminate against you for exercising your rights. This does not necessarily include, where permitted by applicable law in your jurisdiction, cases where a difference in price or services offered is reasonably related to the value provided by Personal Data you provide, or where you consent to participate in a voluntary program offering incentives (such as a loyalty program).
• Appeal. You may have the right to appeal decisions we make about the exercise of your rights. To submit an appeal to a decision we made about the exercise of your rights, you may send an email to info@reflowmedical.com. Please enclose a copy, or otherwise specifically reference our decision on your data subject request, to allow us to address your appeal. We will strive to comply with applicable law when we respond to your appeal.
• Make a complaint. You may have the right to complain to regulators, such as your state attorney general, local data protection agency or authority, or other public bodies responsible for data protection and privacy enforcement. If you are not satisfied with our response to your request or if you have concerns about our data practices.

Submitting a Request or Inquiry

• If you want to submit a request or inquiry to us regarding privacy rights you may have, you or your Authorized Agent can contact us using our contact information below. You do not have to create an account with us to submit a request.
• Your request will be confirmed within ten days of receipt and we will respond within 45 days, unless shorter periods are required by law. If we need more than 45 days, we will notify you that your request is being delayed.
• We can only respond to your request if it is verifiable. This means we are obligated to take reasonable steps to verify your identity or your authorized agent’s authority and your right to access the information you request. In the process of verifying your request, we may contact you to ask for additional information that will help us do so, including government-issued IDs containing your name and address, utility bills containing that same information, and/or unique identifiers like usernames. We will only use that additional information in the verification process, and not for any other purpose. Once we have received and verified the requested information from you, we will contact you with our response to your request, including any data, if applicable. If we do not hear from you or are unable to verify your identity for the request, we will contact you to inform you that we cannot process your request because we cannot verify your identity.
• We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
• 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 comply with your request. 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 an explanation for our refusal to grant access.
• California and Washington residents, please also see the respective Privacy Addendum for further details.

Data Subject Rights Contact

Reflow Medical
Jennifer Carlyle
Sales Support Manager and Office Manager
208 Avenida Fabricante, Suite 100San Clemente, CA 92672
1(949)481-0399
jcarlyle@reflowmedical.com

Links to Other Websites

This Policy applies only to the Reflow Medical-operated websites on which it is posted. Reflow Medical and its affiliates may operate different websites for different purposes and in different countries, where different laws may apply. If you visit another Reflow Medical website, please take a moment to review the privacy policy posted on that site to learn what information may be collected through that site and how it is processed. This Site may also contain links to websites that are not operated by or on behalf of Reflow Medical or its affiliates. These links are provided for your reference and convenience only and do not imply any endorsement of the products sold or information provided through these websites, nor any association with their operators. Reflow Medical does not control these websites and is not responsible for their data practices. Any information you provide to third parties on their websites is covered under their privacy and data collection policies and is not covered by this Policy. We recommend you review the privacy policy posted on any site you visit before using the site or providing any Personal Data

Contact Us

If you have any questions regarding this policy or about our privacy practices, or need to contact us for purposes related to this Policy, please contact us.

Email:
info@reflowmedical.com

Mail:
Reflow Medical
208 Avenida Fabricante, Suite 100
San Clemente, CA 92672

Further Information on Privacy
You may also contact your local supervisory authority or regulator for more information about your privacy rights.

State Privacy Notice Addendums
If you are a resident of one of the following states, you have the rights set forth in the applicable section.

If there are any conflicts between the applicable section and any other provision of this Privacy Policy and if you are a resident of the state, the portion that is more protective of Personal Information will control to the extent of the conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us via the contact information provided below.

 

Addendum: California Residents Privacy Notice

Effective January 1, 2023

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track (“DNT”) 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.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Site does not respond to Do Not Track (“DNT”) 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 Data 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 Policy.

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 Policy 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.

 

Addendum: Washington My Health My Data Act (“MHMDA”) 

Effective June 30, 2024

Categories of Consumer Health Information We Collect and Share

If you are a Washington resident, this addendum applies to you and 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.

“Consumer Health Data” is used in this addendum as it is defined in the Washington My Health My Data Act (MHMDA). It generally includes any information that is linked or reasonably linkable to a Washington resident and that identifies that individual’s past, present, or future physical or mental health status. Excluded from Consumer Health Data are certain types of health information, such as when we must collect, use and disclose health information to meet our regulatory obligations or as part of a clinical trial. We do not collect, share, or sell Consumer Health Data unless we have your consent.

See the chart below for categories of Consumer Health Data we may collect and process about you, if you give us your consent.

The effective date of the law is variable depending on company data collection volume.

Category of Consumer Health Data	Purpose for Processing Data	Source of Information	Shared / Recipients
Individual health conditions, treatment, diseases, or diagnosis
Dynamics interventions
Health-related surgeries or procedures
Use or purchase of prescribed medication
Bodily functions, vital signs, symptoms
Diagnoses or diagnostic testing, treatment, or medication
Genetic Data
Precise location information that could reasonably indicate a consumer’s attempt to acquire or receive health services or supplies (geofencing)
Data that identifies a consumer seeking healthcare services

Exercising Your Rights Under MHMDA

As a resident of Washington, you have the right to:

• Confirm whether Reflow Medical is collecting, sharing, or selling Consumer Health Data concerning you and to access such data, including:
  • A list of all third parties and affiliates with whom Reflow Medical has shared or sold the Consumer Health Data
  • Access an active email address or other online mechanism that you may use to contact these third parties
• Withdraw consent from Reflow Medical to collect and share your consumer health data
• Request to have Consumer Health Data concerning you deleted and exercise that right by informing Reflow Medical of your request for deletion
• Appeal if Reflow Medical does not address an attempt to exercise one or more of these rights to your satisfaction

You may request that Reflow Medical take the actions outlined in the paragraphs above to exercise your rights under MHMDA by submitting a request, at any time, to Reflow Medical. Reflow Medical must respond within forty-five (45) days unless an extension is requested (for up to 45 additional days).