Last Updated June 10, 2024,

This privacy notice (“Privacy Notice”) applies to personal information processed by Waveclear Vascular. (“Company,” “we,” “us,” or “our”) when engaging with us on websites and other online offerings owned or operated by Company (collectively, the “Services”). Our Privacy Notice is designed to help you understand how we collect, use, process, and share your personal information and to help you understand and exercise your privacy rights.

As used in this Privacy Notice, “personal information” has the meaning given to it under the law where you live, but typically refers to information that can be used to identify you as an individual; meanwhile our activities taken with respect to your personal information are referred to as “processing.” For residents of California and other US states with special privacy rights, additional disclosures are available below.

TABLE OF CONTENTS
I. SCOPE
II. PERSONAL INFORMATION WE COLLECT
III. HOW WE USE YOUR PERSONAL INFORMATION
IV. HOW WE DISCLOSE YOUR PERSONAL INFORMATION
V. YOUR PRIVACY CHOICES AND RIGHTS
VI. SECURITY OF YOUR INFORMATION
VII. INTERNATIONAL DATA TRANSFERS
VIII. RETENTION OF PERSONAL INFORMATION
IX. CHILDREN’S INFORMATION
XI. THIRD-PARTY WEBSITES/APPLICATIONS
XII. CONTACT US
X. NOTICE AT COLLECTION AND SUPPLEMENTAL NOTICE FOR RESIDENTS OF CERTAIN U.S. STATES

I. SCOPE

We are developing solutions for treating venous thromboembolism and engage in relationships with organizations in the health care space such as clinical research organizations, private clinics, and hospitals (collectively “Commercial Partners”). We have independent contracts with our Commercial Partners that govern our relationships with and govern the way that we process personal information on behalf of those Commercial Partners. If our Commercial Partners have collected, control, or direct our processing of your personal information, the respective privacy policies of our Commercial Partners govern their collection and use of your personal information, not this Privacy Notice. This Privacy Notice only describes the personal information we collect and process independently as a data controller.

Changes to our Privacy Notice. We may revise this Privacy Notice from time to time in our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law, such as by sending you an email or announcing the change to policy on our Services. If you continue to use our Services after the new Privacy Notice takes effect, we will assume you have read and acknowledged the new policy.

II. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depends on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

A. Information You Provide to Us

• Your Communications with Us. We collect personal information from you such as name and email address when you request or register for information about our Services, inquire about the Company or our products, request customer or technical support, or otherwise communicate with us.
• Medical and Scientific Professionals or Representatives. If you are a medical or scientific professional involved in or interested in our Company, our work, or our products, we may collect personal information from you directly, such as your professional contact information, credential and institutional affiliations information, information about our programs and activities in which you have participated, and information about our interactions with you.
• Social Media Content. The Company may maintain a social media presence. Any content or personal information you provide on these channels will be considered “public” and subject to the privacy policies and other terms of the social media platform provider.
• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
• Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us directly through the Services or via a third-party, we will collect and use your information to assess your qualifications and potential employment.

B. Policy Regarding Cookies and Similar Technologies

• Automatic Collection of Personal Information. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate city-level location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
• Cookies and Other Technologies. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through your use of our Services.
  • Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
  • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Our uses of these Technologies fall into the following general categories:

• Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of functionalities available through our Services.

• Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services.

• Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services.

• Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services. One of our analytics partners is Google Analytics. For more information about how Google uses your personal information (including for its own purposes, e.g., for profiling or linking it to other data), please visit Google Analytics’ Privacy Notice. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.

• Social Media Platforms. Our Services may contain social media buttons that link to social media platforms. Those social media buttons may include widgets such as the “share this” button or other interactive mini programs. These features may collect personal information such as your IP address and which page you are visiting on our Services and may set a cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policies of the companies providing them.

C. Other Sources

Third-Party Services and Sources. We may obtain personal information about you from other sources, including through third-party services and organizations. For example, if you access our Services or apply for a job through a third-party application, we may collect personal information about you from that third-party application that you have made available. In addition, if you are a healthcare professional, we may collect personal information such as hospital affiliation, license information, areas of interest, contact information such as address, email, and phone number, and other due diligence related information from various sources.

III. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

A. Provide Our Services.

We use your information to fulfil our contract with you and provide you with our Services, such as:

• Managing your information and associated profiles or accounts;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for customer or technical support;
• Communicating with you about your, activities on our Services or policy changes;
• Undertaking activities to verify or maintain the quality or safety of our Services;
• Processing applications if you apply for a job we post on our Services; and
• Allowing you to register for events.

B. Administrative and Business Purposes.

We use your information for various administrative purposes, such as:

• Pursuing our legitimate interests such as direct marketing, research, and development (including marketing research), network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Short-term, transient use, such as contextual customization of ads;
• Improving, upgrading, or enhancing our Services;
• Developing new products and services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Notice;
• Debugging to identify and repair errors with our Services;
• Auditing relating to interactions, transactions, and other compliance activities;
• Disclosing personal information with third parties as needed to provide the Services;
• Performing services on behalf of the business, including maintaining or servicing accounts, providing analytic services, providing storage, or providing similar services on behalf of the business;
• Enforcing our agreements and policies;
• Supporting industry initiatives, symposia, conferences, and scientific, educational, and volunteer events related to our customers or our business;
• Carrying out activities that are required to comply with our legal obligations, and
• For other legitimate business purposes as permitted by law.

C. Marketing our Products and Services.

We may use personal information to tailor our messaging to you and provide you with content and offers related to our Company or products. We may provide you with these materials as permitted by applicable law.

D. With Your Consent

We may use your personal information for other purposes that are clearly disclosed to you at the time and in the context that you may choose to share it with us, as requested by you, at your direction or otherwise with your consent.

E. Other Purposes

We also use your personal information for other purposes as permitted by applicable law, including to create de-identified and/or aggregated analyses.

IV. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We may disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

A. Disclosures to Provide our Services

The categories of third parties with whom we may share your personal information are described below:

• Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, business analytics, hosting, payment processing, customer service, and related services.
• Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
• Affiliates. We may share your personal information with our affiliated companies, for example for our administrative purposes, IT management, or for them to provide services to you or support and supplement the Services we provide.

We may also share your information with third parties as appropriate and permitted by law. The privacy choices you may have about your personal information are determined by applicable law and as described in the Your Privacy Choices and Rights section below.

B. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in an actual or proposed merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another commercial entity, your information may be disclosed, sold, or transferred as part of such a transaction, as permitted by law and/or contract.

V. YOUR PRIVACY CHOICES AND RIGHTS

YOUR PRIVACY CHOICES

The privacy choices you may have about your personal information are determined by applicable law and described below.

• Email Communications. If you receive an unwanted email from us, you can use the ‘unsubscribe’ link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services, updates to legal terms or this Privacy Notice).
• Cookies and Tracking Technologies.
  • You may stop or restrict the placement of certain non-essential Technologies on your device or remove them by adjusting your preferences as your browser or device permits. (Note you must separately opt out in each browser and on each device connected to our Services.)
  • “Do Not Track” / “Global Privacy Control.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Additionally, some browsers or plug-ins use a “Global Privacy Control” (“GPC”), which you can learn more about at https://globalprivacycontrol.org/. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. However, if our site detects a GPC signal from your device, we will interpret it as either a “Do Not Share My Personal Information” request or a request to limit the sharing of personal information depending on the law applicable to your jurisdiction. (Note you must turn the GPC signal on for each supported browser or browser extension you use to connect with our Services.)

YOUR PRIVACY RIGHTS

The privacy rights you may have about your personal information are determined by applicable law and described below.

• Obtain Access to and Portability of Your Personal Information, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information including specific pieces of personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (also known as the “right of data portability”);
• Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
• Request Deletion of your personal information;
• Withdraw your Consent to our processing of your personal information. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal, and
• Request Restriction of or Object to our processing of your personal information depending on the legal rights of your jurisdiction. For example, depending on where you live, you might have the right to opt out of (i) the sale or sharing of your personal information, (ii) our use or disclosure of your sensitive personal information, and/or (iii) the processing of your personal information for purposes of (a) targeted advertising, and (b) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below or as otherwise instructed in the additional privacy notices provided at the time we collect your personal information. We will process such requests in accordance with applicable laws and will not discriminate or retaliate against you for the exercise of any of these rights.

For additional rights applicable to residents of certain US states, please see “XI. THIRD-PARTY WEBSITES/APPLICATIONS.”

VI. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of your personal information.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically, for example by posting a notice on our Services, by mail, or by sending an email to you.

VII. INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

VIII. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Notice for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws, or based upon other criteria, including, but not limited to, the sensitivity and volume of such data. Additionally, we endeavor to retain all such personal information in accordance with legal requirements.

IX. CHILDREN’S INFORMATION

The Services are not directed to children under the age of 18 and we do not knowingly collect personal information from children through our Services. Protecting children’s privacy online is very important to us. If you are a parent or guardian and believe your child has uploaded personal information to the Service without your consent, please Contact Us. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it (such as to comply with a legal investigation or otherwise to protect our rights).

XI. THIRD-PARTY WEBSITES/APPLICATIONS

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

XII. CONTACT US

Company is the controller of the personal information we process under this Privacy Notice. If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at:

By Mail:
Attention: VP, Legal
Waveclear Vascular
170 Knowles Drive
Los Gatos, CA 95032

By Email:
privacy@shifamed.com

X. NOTICE AT COLLECTION AND SUPPLEMENTAL NOTICE FOR RESIDENTS OF CERTAIN U.S. STATES

This Notice at Collection and Supplemental Notice is for residents of states that have adopted comprehensive privacy legislation and others that may come into effect from time to time (collectively, “Applicable State Laws”).

PERSONAL INFORMATION WE COLLECT AND SHARE

As more fully described in the section titled Personal Information We Collect, the sources from which we collect personal information include directly from you when you interact with us, automatically from you when you use our sites and Services (for example through cookies and other Technologies), from third parties (for example, from third-party referrals).

Depending on how you use our Services, the information we may have collected about you, as well as the categories of third parties with whom we have shared this information, are described in the table below.

B. USE OF PERSONAL INFORMATION

We may use or disclose the personal information we collect for the purposes outlined in Use of Information above. These purposes include:

To provide our Services to you;
For our administrative purposes (including security, fraud detection and protection, and improve our Services);
To process your requests, orders, and transactions (including provide customer service to you);
To advertise and market to you;
With your consent; and,
To comply with law and enforce our rights and the rights of others.

Where required under applicable law, we will not collect additional categories of personal information or use the personal information we have collected for materially different, unrelated, or incompatible purposes without first providing you notice.

C. SALES/SHARING OF PERSONAL INFORMATION

For purposes of certain laws, Company does not “sell” personal information, nor do we have actual knowledge of any sale of personal information of minors under 16 years of age as the term “sell” is commonly understood. That said, we may share information with third-party analytics partners for the purpose of analyzing and refining our Services as described above. You may limit such sharing by adjusting your browser settings to send a GPC signal, or by Contacting Us.

D. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in our Privacy Notice for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, enforce our agreements, and comply with applicable laws, or based upon other criteria, including, but not limited to, the sensitivity and volume of such data. We endeavor to retain all such personal information in accordance with legal requirements.

E. ADDITIONAL PRIVACY RIGHTS FOR RESIDENTS OF CERTAIN STATES

Non-Discrimination. Residents of certain states have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by applicable law.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To authorize an agent, provide written authorization signed by you and your designated agent and Contact Us for additional instructions.

Verification. To protect your privacy, we will take steps to reasonably verify your identity before fulfilling your request. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, or to answer questions regarding your account and use of our Services.

De-Identified Information. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law.