Website Privacy Policy

This Privacy Policy (together with our website Terms and Conditions and any other documents referred to in it) explains how the information BionX®, Inc. (a company incorporated in Delaware, U.S.A.), its representatives and affiliates, (together known as “BionX” or “we”, “us”, or “our”) collect from you will be processed. Please be sure to read this entire Privacy Policy before using this website or submitting information to us (including via this website or email). This Privacy Policy was last updated on March 2, 2105.

This website is controlled and owned by us and we operate this website (the “website”) to provide information to and communicate better with people who may be interested in learning more about BionX. In the circumstances set out below your personal information may be shared with our BionX Customers which are clinicians and practices that are trained and certified to provide BionX to people who qualify.

BionX recognizes the importance of protecting the privacy of personal information we may receive from visitors to our website. You may visit our website without telling us anything about yourself, and our website only collects such personal information as disclosed in this Privacy Policy. If you contact us, the BionX Customers, or one of our representatives and choose to provide personal information (including any sensitive information, such as health information), it will only be used/treated:

  • confidentially;
  • in accordance with this Privacy Policy; and
  • in accordance with the Privacy Act 1988 (the “Act”), which regulates the collection, storage, use and disclosure of personal information.

By providing your personal information (including any sensitive information, such as health information) to us, the BionX Customers, or one of our representatives, you consent to the collection, use and disclosure of that information in accordance with this Privacy Policy. We do not use any personal information for resale purposes, or share your information with any other company or organization not involved in the direct management of this website or our services, unless and except as otherwise expressly set out in this Privacy Policy.

Information Collected from You

We may collect and process personal information (such as your name, contact details and how you heard about us) when you:

  • Contact us about any of our services or the services of the BionX® Customers;
  • Fill in a form on the website;
  • Send correspondence to us; and/or
  • Visit our website.

We may also collect:

  • Sensitive information (such health information) from you as part of the process of determining your eligibility for a product you are enquiring about and by submitting your sensitive information to us or our third-party service providers you consent to the collection and handling of such information in accordance with this Privacy Policy; and
  • other (ie non-dentifiable) information including, but not limited to, traffic data, location data and other communication data and the parts of the website that you access.

Other than as specifically requested by us as part of the eligibility process referred to above, please do not send information relating to medical conditions or other specific personal health information via email or this website. We, the BionX Customers and our representatives are not able to respond to health/medical enquiries and do not offer any additional protection (beyond that specified in this Privacy Policy in relation to general personal information) in respect of your personal health information sent through this website or via email. Questions of this nature should be directed to your physician or healthcare team at the BionX practice.

If we determine that you qualify as a potential candidate for BionX, then our representative will send all of your information to a BionX Customer near you. The BionX Customer will contact you to schedule an appointment and see if BionX might be right for you.

You do not have to provide us with your personal or sensitive information but, if you do not provide us with the information we require, we may not be able to provide you with the information that you have requested from us, the BionX Customers or our representatives.

Unsecured Email Warning

Please note that any information you send to us, the BionX Customers or our representatives via email is sent via an unsecured email link. Due to the nature of the Internet there is a possibility that unsecured (unencrypted) email could be intercepted and read by third parties. We assume no responsibility for interception of confidential information that you send in an unsecured (unencrypted) email message, which you do at your own risk.

Disclosure of Your Personal Information

We may share some or all of the personal information provided to us with our affiliates, representatives or the BionX Customers who will only use this data in accordance with this Privacy Policy. BionX, our affiliates, representatives and BionX Customers may also share your personal information with third-party vendors who act for or on our, or our affiliates’, behalf (for example, companies that provide support services to us, including a call center, data processing service providers or companies that help us market our products and services). These companies may need information about you in order to provide us with the information that you have requested. These companies are not authorized to use the information we share with them for any other purpose.

In addition, there may be some other limited circumstances in which we, our affiliates, representatives or the BionX Customers may share or transfer your personal information, for example:

  • to comply with a legal or regulatory requirement;
  • to enforce the Terms and Conditions governing the use of this website;
  • to protect our, your or any third party’s rights, property or safety;
  • in the event we buy or sell any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or
  • in the event BionX is the subject of a corporate sale, merger, reorganization, dissolution or similar event.

This website is intended for use by residents of the country in which the BionX Customers are located, however, as part of providing our services we may transfer your personal information to our servers or to our vendors in countries outside of your country of residence, including the United States of America.

Use of Personal Information

The BionX Customers, BionX, our affiliates and representatives do not sell, trade, or rent your personal or sensitive data to others. The BionX Customers, BionX, our affiliates, representatives and third-party vendors may use the information you provide to:

  • provide you with the information that you have requested (including re-directing your enquiry to the appropriate medical practice);
  • determine your eligibility for the product that you are enquiring about;
  • respond to your e-mails, answer your questions or provide appropriate follow-up;
  • process and deal with any complaints or enquiries by you;
  • help us monitor, develop and improve the content and functionality of our website to better understand our customers and markets, and to improve our products and services;
  • contact you in the future to ask your opinions and/or tell you about products or services we believe might be of interest to you, but only if you give us your prior consent to do so. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications;
  • allow you to participate in interactive features of the website, when you choose to; and
  • notify you about changes to the service you have requested.

Anonymous Data Collected Through This Website

In addition to the information you provide when you use our website, we use technology to collect anonymous information about the use of our website, which is gathered without you actively providing the information. For example, we use technology to track how many visitors access our website, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine the address from which they accessed our site (for example, if they connected to this website by clicking on one of our banner ads from another website). This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our website. We, the BionX Customers and our affiliates and representatives may use this anonymous data and share it with third parties to improve the content and functionality of our website, to better understand our customers and markets, and to improve our products and services.

We may collect information about your computer, including (where available) your IP address, operating system and browser type, for system information. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

Cookies

In order to collect the anonymous data described in the preceding paragraph, we may use temporary “cookies” that collect the first level domain name of the user (for example, if your email address is “bob@xyz.com,” the cookie collects the “xyz.com” portion of your email address) and the date and time you accessed this website. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information that is sent to your browser and stored on your computer’s hard drive. Cookies keep track of non-personal information such as the URL that you came from and go to next, your navigation through the website (for example, the advertisements that you click on), the browser and operating system that you use, and your IP address. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. At the present time, we only use temporary or “session” cookies. These cookies expire when your browser window is closed. Some of the cookies we use are essential for the site to operate.

Detailed Information on Cookies set by this website

Access to your Data

The Act entitles you to request access to or correct the personal information held about you. Your right to request access can be exercised in accordance with the Act. You will not be charged a fee for lodging a request for access. However, any access to the personal information we hold about you may be subject to a fee to meet our reasonable costs in providing you with such access.

Third-Party Information and Websites

This website may provide links to and from other websites operated by third parties that are not covered by this Privacy Policy. If you navigate to these websites, please note that they may have their own privacy policies, which may differ from ours and which we encourage you to read. We are not responsible or liable for the data policies, content or security of these linked websites.

Notification of Changes to this Policy

We are continually improving and adding new functionality and features to this website and improving and adding to our existing products, services and programs. Because of these ongoing changes, changes in the law and the changing nature of technology, our data practices will change from time to time. If and when our data practices change, we will post any material changes on our website to notify you of the material changes. Such changes to the Privacy Policy will become effective when posted and your continued use of the website or our services after the changes are posted on this page of the website constitutes your acceptance of the revised Privacy Policy. However, we stand behind the promises we make and will not materially change our policies and practices to make them less protective of personal information collected in the past without the consent of affected individuals. We encourage you to check this page frequently by clicking on the Privacy Policy link on any page of our website.

Complaints

If you wish to make a complaint about the handling of your personal information or a breach of the privacy principles set out in the Act, you can contact us via the phone number or the submission form on this website. We will promptly investigate your complaint and contact you in writing to notify you of the steps we will take to attempt to resolve your complaint.

Questions About Our Privacy Policy

If you have any questions about this Privacy Policy or concerns about the way we process your personal data, please contact us via the phone number or the submission form on this website.