What Does This Privacy Policy Cover?
This privacy policy (“Privacy Policy”) applies to
http://www.cercacor.com and the mobile applications owned and operated by Cercacor Laboratories,
Inc. and Cercacor International Sarl (“Cercacor,” “We,” “Us,” or “Our”). This Privacy Policy
describes how Cercacor collects, uses, shares and secures the personal information you provide
on our website http://www.cercacor.com and our mobile application Ember. It also describes the
choices available to you regarding our use of your personal information and how you can access,
correct and update this information. We are the data controller for processing your personal
data. For any questions regarding this Privacy Policy, please contact us using the details
listed in the “Contact Us” section below.
Does Cercacor Participate in the EU-U.S. Privacy Shield
Framework?
Cercacor complies with the EU-US Privacy Shield Framework
as set forth by the US Department of Commerce regarding the collection, use, and retention of
personal information from European Union member countries. Cercacor has certified that it
adheres to the Privacy Shield Principles of Notice, Choice and accountability for Onward
Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and
Liability. If there is any conflict between the policies in this privacy policy and the Privacy
Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy
Shield program, and to view our certification page, please visit https://www.privacyshield.gov/
With respect to personal data received or transferred
pursuant to the Privacy Shield Framework, Cercacor is subject to the regulatory enforcement
powers of the U.S. Federal Trade Commission.
What Personal Information About Customers Does Cercacor
Gather?
Personal Information You Give Us: When you
sign up to receive product updates and other notifications on our website, post on our
blogs/forums, purchase products, or contact us, we may collect a variety of personal
information, including your name, your IP address, mailing address, phone number, email address,
contact preferences, and credit card information.
Mobile: When you download and set up apps
created by Cercacor, we may collect a variety of information such as full name, email address,
mailing address, phone number, age, biological sex, or date of birth. In addition, during the
use of our apps, we may also collect information about your location, your mobile device and
sensitive personal information relating to your health/wellness, such as the following
measurements – hemoglobin (Hgb), pulse rate (PR), oxygen saturation (SpO2), perfusion index
(PI), methemoglobin (Met), carboxyhemoglobin (CO), respiratory rate (RR) and pleth variability
index (PVI). We ask for your explicit consent to process this data. We obtain this consent
separately when you set up an account with us. However, setting up an account is not required
for you to use Ember. When you download and use our mobile application, we automatically collect
information on the type of device you use, operating system version, and the device identifier
(or "UDID").
Does Cercacor Collect Any Non-Personal Information?
As you navigate through and interact with our website, we
may use automatic data collection technologies to collect certain information about your
equipment, browsing actions and patterns, including:
- Details of your visits to our website, including traffic data, location data, logs and
other communication data and the resources that you access and use on the website.
- Information about your computer and Internet connection, operating system and browser
type.
- We gather certain non-personal information automatically and store it in log files. This
information may include Internet protocol (IP) addresses, browser type, Internet service
provider (ISP), referring/exit pages, operating system, date/time stamp, and/or
clickstream data.
- We may collect data about how you use your device and applications in order to help app
developers improve their apps.
- The information we collect automatically is statistical data and may not include
personal information, but we may maintain it or associate it with personal information
we collect in other ways or receive from third parties, including through purchased
marketing data about our customers. This helps us to improve our website and to deliver
a better and more personalized service, which enables us to:
- Estimate our audience size and usage patterns.Store information about your
preferences, allowing us to customize our website according to your individual
interests.
- Store information about your preferences, allowing us to customize our website
according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our website.
- Analyze trends in the aggregate and administer the website.
To the extent that Internet Protocol (IP) addresses,
similar identifiers, or other pieces of information are considered personal information by
applicable law, we also treat these identifiers as personal information. Similarly, to the
extent that non-personal information is combined with personal information, we treat the
combined information as personal information for the purposes of this Privacy Policy.
How Does Cercacor Use the Personal Information
Collected?
Our purposes for processing your personal information are
listed below:
- The personal information we collect allows us to conduct marketing activities and keep
you posted on Cercacor’s latest product announcements, software updates, and upcoming
events. If you don’t want to be on our mailing list, you can opt out anytime by updating
your preferences here.
- We also use personal information to help us create, develop, operate, deliver, and
improve our products, services, content, and advertising, and for loss prevention,
anti-fraud purposes and complaint handling purposes.
- We may use your personal information, including date of birth, to verify identity,
assist with identification of users, and to determine appropriate services. For example,
we may use date of birth to determine the age of Cercacor account holders.
- From time to time, we may use your personal information to send important notices, such
as communications about purchases and changes to our terms, conditions, and policies.
Because this administrative and service-related information is important to your
interaction with Cercacor, you may not opt out of receiving these communications.
- We may also use personal information for internal purposes such as accounting, auditing,
data analysis, and research to improve Cercacor’s products, services, and customer
communications.
We will retain your information for as long as your account
is active or as needed to provide you services. We will retain and use your information as
necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Legal Basis for Processing Personal Information
Where we need to rely upon a legal basis to process your
personal information, we generally rely on the fact that the processing is necessary for our
legitimate interests, including for those processing activities described above, and/or is
necessary for the performance of a contract between us and you.
Our legal basis to process your sensitive personal
information (i.e. health/wellness related data, as listed above), geo-location and testimonials
includes processing that is based on your express consent. You have the right to withdraw
consent for such processing at any time. To withdraw your consent, please use the contact
details in the “Contact Us” section below, or refer to the “What Choices Do I Have?” or “What
About Information Entered through Other Media Channels?” sections below. Withdrawing your
consent will not affect the lawfulness of processing based on consent prior to its withdrawal.
Does Cercacor’s Website or Mobile App Use Tracking
Technologies?
We and our partners, affiliates, or analytics or service
providers, may use any of the tracking technologies listed below to analyze trends, administer
the website, track users’ movements around the website, learn about user behavior on the
website, to improve our product and services, and to gather demographic information about our
user base as a whole. Cercacor may also use this information in our marketing and advertising
services:
Cookies (or browser cookies). A cookie is
a small text file placed on the hard drive of your computer. You may refuse to accept browser
cookies by activating the appropriate setting on your browser. However, if you select this
setting, you may be unable to access certain parts of our website. Unless you have adjusted your
browser setting so that it will refuse cookies, our system will issue cookies when you direct
your browser to our website. You can remove persistent cookies by following directions provided
in your Internet browser’s “help” file.
Local Storage (HTML5). Local Storage
(HTML5) to provide certain features on our website, to display advertising based on your web
browsing activities, and/or to store content information and preferences. Various browsers may
offer their own management tools for removing HTML5.
Web Beacons. Pages of our website and our
e-mails may contain small electronic files known as web beacons (also referred to as clear gifs,
pixel tags, and single-pixel gifs) that permit Cercacor, for example, to count users who have
visited those pages or opened an e-mail and for other related website statistics such as
recording the popularity of certain website content and verifying system and server integrity.
Cercacor also uses cookies and other technologies (beacons,
scripts, and tags) to remember personal information when you use our website, online services,
and applications. Our goal in these cases is to make your experience with Cercacor more
convenient and personal.
Can I opt out of behavioral tracking and how does
Cercacor respond to browser signals and other mechanisms that enable me to exercise choice about
behavioral tracking (*Do not track disclosure)?
Where we need to rely upon a legal basis to process your
personal information, we generally rely on the fact that the processing is necessary for our
legitimate interests, including for those processing activities described above, and/or is
necessary for the performance of a contract between us and you.
If you are located in the European Union, click here.
Please note this does not opt you out of being served ads; you will continue to receive generic
ads.
*Do Not Track Disclosure:
Currently, various browsers offer a “do not track” or “DNT”
option which sends a signal to websites visited by the user about the user's browser DNT
preference setting. Cercacor does not currently commit to responding to browsers' DNT signals
with respect to the Cercacor’s websites, in part, because no common industry standard for DNT
has been adopted, including no consistent standard of interpreting user intent.
Is data collected from Children? Can data collected
inadvertently from children be deleted?
Cercacor does not knowingly collect personal information
from children under the age of 16 If you are a parent or guardian who knows or has discovered
that your child under the age of 16 has submitted his or her personal information or other
information without your consent, permission, or authorization, upon your request, we will
promptly remove your child’s personal information or other information from our database, cease
the use of such information, and direct any other party with access to such information to do
the same.
How Does Cercacor Share Information It Collects?
We will share your personal information, such as, your IP
address, mailing address, phone number, email address, contact preferences, and credit card
information with third parties only in the ways that are described in this Privacy Policy. We do
not sell your personal information to third parties. We will also share your information with
limited members of our IT, customer support andaccounting departments.
Service Providers: We may provide your
personal information to companies that provide services on our behalf to help us with our
business activities such as fulfilling your orders, delivery of product, processing credit card
payments, conducting marketing surveys or offering customer service. These companies are
authorized to use your personal information only as necessary to provide these services to us.
Legal Disclaimer: We may also disclose
your personal information:
- as required by law, such as to comply with a subpoena or similar legal process;
- when we believe in good faith that disclosure is necessary to protect our rights,
protect your safety or the safety of others, investigate fraud, or respond to a
government request;
- if Cercacor is involved in a merger, acquisition, or sale of all or a portion of its
assets, you will be notified via email and/or a prominent notice on our website of any
change in ownership, uses of your personal information, and choices you may have
regarding your personal information; and
- to any other third party with your prior consent.
In certain situations, Cercacor may be required to disclose
personal data in response to lawful requests by public authorities, including to meet national
security or law enforcement requirements.
We will provide an individual opt-out or opt-in choice
before we share their data with third parties other than our agents, or before we use it for a
purpose other than which it was originally collected or subsequently authorized.
Cercacor’s accountability for personal data that it
receives under the Privacy Shield and subsequently transfers to a third party is described in
the Privacy Shield Principles. In particular, Cercacor remains responsible and liable under the
Privacy Shield Principles if third-party agents that it engages to process the personal data on
its behalf do so in a manner inconsistent with the Principles, unless Cercacor proves that it is
not responsible for the event giving rise to the damage.
Your Rights
You are entitled, in accordance with applicable law, to
request access to, rectification of, erasure of and portability of your personal data, and to
object to or request restriction of the processing of your personal data by logging into your
account or contacting us at the details listed in the “Contact Us” section below. If you are
aware of any changes to or inaccuracies in your personal data, you can also inform us so that
your personal data may be updated or corrected. To protect your privacy and security, we may
take reasonable steps to verify your identity before granting access or making corrections.
Moreover, if you believe that one of your contacts has
provided us with your personal information and you would like to request that it be removed from
our database, you may delete your personal information by contacting us at the details listed in
the “Contact Us” section below. We will respond to your request within a reasonable timeframe.
You can also easily access certain information at
Cercacor.com or via our mobile app including up-to-date information regarding recent orders,
personal information (including name, email, health/wellness data, communications, and
personalized preferences), payment settings (including credit card information, promotional
certificate, and gift card balances), e-mail notification settings (including product
availability alerts, deliveries, and newsletters).
What Choices Do I Have?
Opt-out Preferences: If you wish to
subscribe to our newsletter(s), we will use your name and email address to send the newsletter
to you. You may choose to stop receiving our newsletter or marketing emails by following the
unsubscribe instructions included in these emails, accessing the email preferences in your
account settings page, or contacting us at privacy@cercacor.com. You may also choose not to
provide the personal information that we have requested, but, if you chose not to do so, in many
cases we will not be able to provide you with our products or services or respond to any queries
you may have.
Geo-Location: With your permission, we
collect your location-based information for the purpose of tracking correlations between changes
in geo-specific information (such as elevation, humidity, and temperature), and the device's
measurement of health/wellness information.
Turn off Location services: Mobile devices
provide users with the ability to disable location services. These controls are located in the
device's settings menu. You may opt-out of location-based services at any time by editing the
setting at the device level.
Mobile Analytics: We use mobile analytics
software to allow us to better understand the functionality of our mobile software on your
phone. This software may record information such as how often you use the application, the
events that occur within the application, aggregated usage, performance data and from where the
application was downloaded. We do not link the information we store within the analytics
software to any personally identifiable information you submit within the mobile application.
Push Notifications: We send you push
notifications in order to enable link loss, a notification to let you know that your phone may
not be in pairing distance with Cercacor’s device. Mobile devices provide users with the ability
to disable push notifications. These controls are located in the device's settings menu. You may
opt-out of push notifications at any time by editing the setting at the device level.
How Secure Is Information About Me?
The security of your personal information is important to
us. We follow generally accepted standards to protect the personal information submitted to us,
both during transmission and once it is received. If you have any questions about the security
of your personal information, you can contact us at privacy@cercacor.com.
What About Links to Third Party Sites?
Our website may include links to other websites whose
privacy practices may differ from those of Cercacor. If you submit personal information to any
of those sites, your information is governed by their privacy policies. We encourage you to
carefully read the privacy policy of any website you visit.
What About Information Entered Through Other Media
Channels?
Blogs/Forums: Our website offers publicly
accessible blogs or community forums. You should be aware that any information you provide in
these areas may be read, collected, and used by others who access them. To request removal of
your personal information from our blog or community forum, contact us at privacy@cercacor.com.
In some cases, we may not be able to remove your personal information, in which case we will let
you know if we are unable to do so and why.
Testimonials: We display personal
testimonials and other endorsements of satisfied customers on our website. With your consent, we
may post your testimonial along with your name. If you wish to update or delete your
testimonial, you can contact us at privacy@cercacor.com.
Social Media Features and Widgets: Our
website includes social media features and widgets, such as the Facebook Like button, sharing
features from Twitter, LinkedIn or Google+, or interactive mini-programs that run on our
website. These features and widgets may collect your IP address, which webpage you are visiting
on our website, and may set a cookie to enable the feature and widget to function properly.
Social media features and widgets are either hosted by a third party or hosted directly on our
website. Your interactions with these features are governed by the privacy policy of the company
providing it.
How Are Changes To The Privacy Policy Communicated?
We may update this Privacy Policy to reflect changes to our
information practices. If we make any material changes we will notify you by email or by means
of a notice on this website prior to the change becoming effective. We encourage you to
periodically review this page for the latest information on our privacy practices.
How are Disputes Resolved?
In compliance with the Privacy Shield Principles, Cercacor
commits to resolve complaints about your privacy and our collection or use of your personal
information. European Union individuals with inquiries or complaints regarding this privacy
policy may first contact Cercacor using the contact information listed in the below “Contact Us”
section. You may also lodge a complaint with a supervisory authority if you consider that our
processing of your personal data infringes applicable law.
Cercacor has further committed to refer unresolved privacy
complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit
alternative dispute resolution provider located in the United States and operated by the Council
of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if
your complaint is not satisfactorily addressed, please visit
www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
Under certain conditions, more fully described on the
Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute
resolution procedures have been exhausted.
Contact Us
If you have questions about this Privacy or our data
practices, please contact us at privacy@cercacor.com, or as follows:
Cercacor Laboratories, Inc.
40 Parker
Irvine, CA
92618
USA
Phone: 1 (800) 610-8522
