This Privacy Policy details the information and data management practices of this website (the “Site”), which is owned and managed by Kaneka Medical America LLC (“Kaneka” or “we” or “us”).

Kaneka believes strongly in protecting your privacy and the confidentiality of your Personal Information. We understand and acknowledge that privacy is important to you, and that you may have privacy and security concerns with respect to the information we collect, use, and disclose to third parties. By using this Site, you consent to the privacy practices described in this Privacy Policy, as may be modified from time to time by us. Therefore, you should carefully review this Privacy Policy so you understand our privacy practices. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older by using this Site. 

Personal information is any combination of information, in the possession of or likely to come into the possession of Kaneka, that can be used to identify, contact, or locate a discrete individual (“Personal Information”) and will be handled and processed in accordance with this Privacy Policy. Any information which cannot be used to identify a discrete individual (such as aggregated statistical information) is not Personal Information.

PURPOSE FOR COLLECTION, USE AND DISCLOSURE OF PERSONAL  INFORMATION

Kaneka collects, uses and discloses your Personal Information in its normal course of business for the following purposes:

• Establishing and maintaining communications with you;

• Where you have requested a product or service from Kaneka, assisting you in the processing and shipping of the requested product or providing the service;

• Responding to your inquiries about your account and other products;

• Making proposals for future product needs;

• Allowing our affiliated companies to notify you of certain products offered by or in connection with our affiliated companies;

• Processing transactions through third party service providers;

• Meeting legal, security, processing and regulatory requirements;

• Protecting against fraud, suspicious or other illegal activities; and

• Compiling statistics for analysis of our sites and our business.

A Note Concerning Our Remarketing Practices

Kaneka and its parent and/or affiliates (“Kaneka”) may run remarketing advertisements targeting people who have previously visited this Site or another site operated by Kaneka. Such remarketing does NOT target an individual’s health condition(s). Kaneka’s re-marketing advertisements focus on Kaneka and/or its medical devices and do NOT imply that any particular user has any specific health condition. This practice is consistent with allowed remarketing from Google and other providers of online remarketing and retargeting services.

WHAT INFORMATION WE COLLECT

The information gathered by Kaneka from this Site falls into two categories: (1) information voluntarily supplied by visitors to our Site and (2) tracking information gathered as visitors navigate through our Site.

Information voluntarily provided by you

When using this Site, you may choose to provide us with information to help us serve your needs. The Personal Information that we collect will depend on how you choose to use this Site.  Any Personal Information that you send us will be used for the purpose indicated on the Site or in this Privacy Policy.

• Where you request marketing or product specification information.
  If you request a brochure or further information from us, we may require you to submit your name, e-mail address, postal address, phone number and the country in which you are based so we may send you the material you have requested, and to enable us to identify if you are an existing client of Kaneka.

• Where you register with us and/or request products.
  If you register with the Site, or request a product available on the Site, we may ask you for your name, e-mail address, country, telephone number and the reason for your communication, as well as information about your position and organization and such other information as is reasonably necessary so that we can provide you with the product. On the data submission form, we shall indicate by way of an asterisk, which information is optional and which information is mandatory. This information can include:
  
  

• your name, address, email address, physical address, credit card number, and banking information;

• Information as to your use of our products, or similar products from other suppliers;

• Information we acquire from and/or transfer to other persons to verify your identity and the accuracy of the information you have provided; and

• Information about you received from Kaneka affiliates, other intermediaries, third party providers and others which are necessary for the provision of our products.

·       Following an inquiry into receiving products from us, if you decide to proceed, we will collect Personal Information necessary to proceed with the transaction, such as your name, address, postal code, contact telephone number, e-mail address, billing address or payment details, as relevant to the product. We will use your Personal Information to administer your account, process claims etc. and generally manage your relationship with us. Please see the Disclosure of Information to Others section of this policy for information on the categories of recipients of personal data.

• Where you submit content
  Finally, if you submit content regarding any of the information that you view on our Site (such as product reviews), we will ask for your name and e-mail address, so that, if you choose, we can update you by e-mail when others also comment on the content, and also so that we can manage the content in line with the applicable Site Terms & Conditions. You should be aware that the information you provide there will be made publicly available to Kaneka employees and other users of the Site.

Website Navigational Information

As you navigate the Site, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (collectively “Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the web pages viewed and the links clicked).

• Cookies
Like many companies, we may use cookies on this Site. Cookies are pieces of information shared between your web browser and a website. Use of cookies enables a faster and easier experience for the user. A cookie cannot read data off your computer's hard drive.

There are different kinds of cookies with different functions:

(i) Session cookies: these are only stored on your computer during your web session. They are automatically deleted when the browser is closed. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.

(ii) Persistent cookies: a persistent cookie is one stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again.

(iii) First-party cookies: the function of this type of cookie is to retain your preferences for a particular website for the entity that owns that website. They are stored and sent between Kaneka’s servers and your computer’s hard drive. They are not used for anything other than for personalization as set by you. These cookies may be either session or persistent cookies.

(iv) Third-party cookies: the function of this type of cookie is to retain your interaction with a particular website for an entity that does not own that website. They are stored and sent between the Third-party’s server and your computer’s hard drive. These cookies are usually persistent cookies.

This Site uses Google Analytics, a web analytics product provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the website analyze how users use the site. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity, and providing other products relating to website activity and internet usage for Kaneka and its affiliates. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

The major browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium in their latest releases. As this standard has not been finalized, Kaneka’s Sites are not compatible with DNT, and therefore, we do not honor DNT requests at this time.

For information on all of these categories of cookies, and for more information generally on cookies please refer to www.aboutcookies.org.

We use cookies for the following purposes:

Where strictly necessary

These cookies are essential in order to enable you to move around the Site and use its features, such as accessing secure areas of the Site. Without these cookies, products you have asked for, such as obtaining a quote or logging into your account, cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.

Performance

These cookies collect information about how visitors use a Site, for instance which pages visitors go to most often, and if they get error messages from web pages. They also allow us to record and count the number of visitors to the Site, all of which enables us to see how visitors use the Site in order to improve the way that our Site works. These cookies do not collect information that identifies a person, as all information these cookies collect is anonymous and is used to improve how our Site works.

Functionality

These cookies allow our Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced features. For instance, a Site may be able to remember your log in details, so that you do not have to repeatedly sign into your account when using a particular device to access our Site. These cookies can also be used to remember changes you have made to text size, font and other parts of web pages that you can customize. They may also be used to provide products you have requested such as viewing a video or commenting on an article. The information these cookies collect is usually anonymized. They do not gather any information about you that could be used for advertising or remember where you have been on the internet.

Please consult your web browser's ‘Help’ documentation or visit www.aboutcookies.org for more information about how to turn cookies on and off for your browser.

• Web Beacons.
The Site may also use web beacons (including web beacons supplied or provided by third parties) alone or in conjunction with cookies to compile information about users’ usage of the Site and interaction with e-mails from Kaneka. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Site tied to the web beacon, and a description of a Site tied to the web beacon. We use web beacons to operate and improve the Sites and e-mail communications. We may use information from web beacons in combination with other data we have about our clients to provide you with information about Kaneka and our products. We will conduct this review on an anonymous basis.

• IP Addresses.
When you visit our Sites, Kaneka collects your Internet Protocol (“IP”) addresses to track and aggregate non-Personal Information. For example, Kaneka uses IP addresses to monitor the regions from which users navigate the Sites. IP addresses may be combined with other Personal Information which allows us to identify you via your IP address.

DISCLOSURE OF INFORMATION TO OTHERS

We do not disclose Personal Information about you to third parties except as stated in this Privacy Policy, as otherwise permitted by law, or authorized by you.

Third parties to whom we disclose information are required by law or contract to keep your Personal Information confidential and secure, and to use and disclose it for purposes that a reasonable person would consider appropriate in the circumstances, in compliance with all applicable legislation, which purposes are as follows:

• To carry out your requests, provide the products you have requested from us, respond to your inquiries, and to notify you (if applicable) regarding any promotions;

• To process transactions and shipments through third party service provider.

• If the information is a credit card or bank account number, to process credit card payments—through third party payment processing, clearing and settlement systems in association with various banks; and

• To notify you of certain products offered by or through Kaneka or to obtain market research information from you.

In the event that these third parties wish to use your Personal Information for a purpose which is inconsistent with, or in addition to the purposes described in this Privacy Policy, they are required to obtain your consent for such use.

Affiliate Sharing

In the normal course of performing products for our clients, Personal Information may be shared within Kaneka and its affiliates for research and statistical purposes, product marketing, system administration and crime prevention or detection.

Business Transactions

As we continue to develop our business, we might sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if either Kaneka itself or substantially all of Kaneka assets were acquired, your Personal Information may be one of the transferred assets. Therefore, we may disclose and/or transfer your Personal Information to a third party purchaser in these circumstances.

Other Legally Required Disclosures

Kaneka reserves the right to disclose without your prior permission any Personal Information about you or your use of this Site if Kaneka has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of Kaneka, employees, other users of this Site, or the public; (b) enforce the terms and conditions that apply to use of this Site; (c) as required by a legally valid request from a competent governmental authority; or (d) respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.  In this Privacy Policy, the purposes identified above and in “Collection, Use and Disclosure of Personal Information” will be referred to as the “Identified Purposes.”

CALIFORNIA’S “SHINE THE LIGHT” LAW

California Civil Code Section 1798.83 requires any operator of a website to permit its California-resident customers to request and obtain from the operator a list of what Personal Information the operator has disclosed to third parties for direct marketing purposes for the preceding calendar year; and the addresses and names of such third parties. Kaneka does not share any Personal Information collected from this Site with third parties for their direct marketing purposes. If you have any questions about how Kaneka shares your Personal Information, you can contact us at the address below. 

California residents are advised to also note the supplemental privacy information provided below under the California Consumer Privacy Act of 2018 (“CCPA”). 

COLLECTION AND RETENTION OF PERSONAL INFORMATION

Kaneka will collect, use, or disclose Personal Information that is necessary for the Identified Purposes or as permitted by law. If we require Personal Information for other purposes which are incompatible with the Identified Purpose, you will be notified of the new purpose, and subject to your consent (where appropriate), that new purpose will become an Identified Purpose.

Kaneka will collect Personal Information by fair and lawful means. We will normally retain Personal Information as long as necessary for the fulfillment of the Identified Purposes. However, Personal Information may be retained for longer periods as required by law, contract, our reasonable business needs, or auditing requirements.

SAFEGUARDS

Security is of upmost importance to us.  We have in place physical, electronic and procedural safeguards appropriate to the sensitivity of the information we maintain. Safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information. They include physical, technical, and managerial measures to keep Personal Information protected from unauthorized access. However, due to the nature of the Internet and related technology, we cannot absolutely guarantee the security of Personal Information, and Kaneka expressly disclaims any such obligation.  You should always exercise caution when sharing any of your Personal Information. 

EXTERNAL LINKS

Kaneka Sites may include links to other websites whose privacy policies we do not control. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your web browser), use of any Personal Information you provide is governed by the privacy policy of the operator of the website you are visiting. That policy may differ from ours, so make certain to review it in order to properly understand how that website handles Personal Information.   Whenever you leave this Site and access a third party website, you will need to make your own conclusions regarding the adequacy of the sites policies. 

ACCURACY AND ACCESS

Our knowing about changes to some of your Personal Information (e.g. email address) may be key to effectively communicating with you at your request. Please keep us informed of changes to your Personal Information. Upon your request, we may rectify any Personal Information in the file that may be obsolete, incomplete or incorrect.

CALIFORNIA CONSUMER PRIVACY ACT OF 2018

Pursuant to the CCPA, California residents are afforded additional rights regarding collection and use of their Personal Information and explanation of their rights.  This section sets out and explains the rights of California residents under the CCPA.

Contents

(i) Key Definitions

(a) “Aggregate consumer information” means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. “Aggregate consumer information” does not mean one or more individual consumer records that have been de­identified.

(b) “Biometric information” means an individual’s physiological, biological, or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA),that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.

(c) “Business purpose” means the use of Personal Information for the business’s or a service provider’s operational purposes, or other notified purposes, provided that the use of Personal Information shall be reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or processed or for another operational purpose that is compatible with the context in which the Personal Information was collected

(d) (1) “Personal Information”, as the term is used in this section, means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information includes, but not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:

(A) Identifiers such as 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.

(B) Any categories of Personal Information described in subdivision (e) of Section 1798.80 of the CCPA.

(C) Characteristics of protected classifications under California or federal law.

(D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

(E) Biometric information.

(F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.

(G) Geolocation data.

(H) Audio, electronic, visual, thermal, olfactory, or similar information.

(I) Professional or employment-related information.

(J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

(K) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

(d)(2) “Personal Information” does not include publicly available information. For purposes of this paragraph, “publicly available” means information that is lawfully made available from federal, state, or local government records. “Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge.

(d)(3) “Personal Information” also does not include the following: 

·       consumer information that is deidentified or aggregate consumer information;

·       health or medical information covered by the health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or

·       certain types of personal or financial information covered under certain sector-specific privacy laws.

(e) “Verifiable consumer request” means a request that is made by a consumer, by a consumer on behalf of the consumer’s minor child, or by a natural person or a person registered with the Secretary of State, authorized by the consumer to act on the consumer’s behalf, and that the business can reasonably verify, pursuant to regulations adopted by the California Attorney General.

(ii) Right to know

You have the right to know and request information about the Personal Information we have collected about you within the last 12 months.  As noted within this Privacy Policy, Kaneka does collect Personal Information and in certain circumstances does share that Personal Information with third parties. You may request the categories of Personal Information we have collected, the categories of sources from which such Personal Information is collected, the business or commercial purpose for collecting such Personal Information, the categories of third parties with whom we share such Personal Information, and the specific content of Personal Information that we have collected.  You also have the right to know if we have sold or disclosed your Personal Information.  If we have disclosed your information, you have the right to know what Personal Information was disclosed, and the categories of third parties to whom it was disclosed.

(iii)  Categories of Personal Information We Collect

During the past 12 months, we may have collected from you the following categories of Personal Information (as defined above):  

·       Identifiers, such as name, address, telephone number, email, fax number, Social Security number or passport number;

·       Demographic information such as gender, income or age;

·       Protected classification characteristics under California law, such as race, sex, or medical condition;

·       Other Personal Information categories listed in the California Customer Records Statute, such as identification card number, insurance policy number, education, employment, financial information, including credit card numbers, medical information, health insurance information;

·       Biometric information such as imagery of the iris, fingerprint, face or other data that contain identifying information;

·       Purchasing information;

·       Internet or other electronic network activity information;

·       Geolocation data;

·       Sensory data such as audio, electronic, visual, verbal, olfactory, or similar information;

·       Professional or employment information such as job status and current employer;

·       Inferences drawn from other personal information as defined above. 

Kaneka does not sell your Personal Information, including information from minors.

We do not respond to Do Not Track requests as there is currently no industry or legal standard for recognizing or honoring DNT signals. 

Categories of Sources of Personal Information

Your voluntary disclosure:  As noted previously in this Privacy Policy, when using this Site, you may choose to provide us with information to help us serve your needs. The Personal Information we collect will depend on how you choose to use this Site.  For example, when you request marketing or product specification information, register with us and/or request products, or submit content, you voluntarily provide Personal Information which we will then collect and store. 

Cookies/Web beacons:  We use cookies and web beacons to collect information from your device, such as web browser data (such as browser type and browser language), your IP address, and the actions you take on the Site (such as the web pages viewed, the links clicked, access times, and language).  This information helps us to understand how visitors use our Site and enables us to make continued improvements.

Location:  We may use your IP addresses to identify the general location from which users navigate the Sites.  This may include city, state, and/or zip code.  IP addresses may be combined with other Personal Information which allows us to identify you via your IP address.

Third Parties:  We may obtain information about you from third parties including web providers and analytics providers, publicly available sources, and our customers (for example insurance companies or hospitals).

Use or Disclosure of Personal Information: During the past 12 months, we may have used or disclosed your Personal Information for one or more of the following business purposes:

Consumer needs: We may use or share your Personal Information (typically to affiliated companies, trusted business partners or other service providers) in order to assist us in providing products and services to consumers, developing and storing consumer records, managing digital content, communicating with consumers, and improving consumer use of the Site.    

For U.S. healthcare providers:  We may use or share your Personal Information for our compliance, marketing and sales activities, and to help us improve our products and services.

Research and development:  We may use or share your Personal Information for purposes of research, development, monitoring, or improvement of our products, services, websites, projects, initiatives, tools, and information/content.  We may share this information with our affiliate companies and/or trusted business partners or other service providers. 

Compliance with law, security:  We may use or share your Personal Information if reasonably required to comply with law or regulation (such as a court order or subpoena), or if, in our discretion, we determine that disclosure is necessary for the protection of you, your Personal Information, our systems, the Site, or other third parties. 

Additional Rights of California Residents

Right to delete. You have the right to request the deletion of your Personal Information, subject to certain exceptions. We may deny the request if the information is necessary for our operational or business purposes as described in this Privacy Policy, including if the information is necessary for our compliance with the California Electronic Communications Privacy Act or other legal obligation, or to complete a transaction or fulfill a valid contractual obligation between Kaneka and the consumer, or to detect and protect against security incidents, deceptive acts, or unlawful activity.  

Right to Opt-out.  You have the right to opt out of the sale of Personal Information. Kaneka does not sell Personal Information of California residents, as “sale” is defined by the CCPA.

Right to non-discrimination. You will not be discriminated against for exercising any of the rights listed in this section.  We may, however, provide a different level of service or charge a different rate as reasonably related to the value of your Personal Information, as permitted by law.

Exercising Your Rights.  California residents wishing to exercise any of these rights are invited to submit a written Verifiable Consumer Request by sending an email to neuro.vascular@kaneka.com, or by mail to the address listed in the Contact Us section below.  The request must include enough information to verify the identity and residency of the requestor, as well as sufficient information to allow us to process it.  We will take reasonable steps to verify a requestor’s identity as well as their right to access the information they are requesting.  We can only respond to a Verifiable Consumer Request.  Generally, we will respond to Verifiable Consumer Requests within 45 days.  If additional time is required in order to properly respond, we will notify you of the delay.  Additional information may be required from you in order to process your request.  Please note that there may be circumstances where we will not be able to honor your request, for example, if we need to retain Personal Information in order to comply with legal obligations or any other legally permitted purpose.

CONTACT US

If you have any question regarding the applicable uses or disclosures of your Personal Information, you can contact us by writing to:
Kaneka Medical America LLC
623 5th avenue, 21st floor
New York, NY 10036

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is subject to change from time to time. Where there is a material change to this Policy, Kaneka will provide a clear and conspicuous notice of such change on the Kaneka Sites for a reasonable amount of time prior to the change becoming effective.  This Privacy Policy was last updated on February 6, 2023. New York City, New York. (800) 526-3522.