Privacy Policy

Your Privacy Rights
Effective: June 7, 2021

This Privacy Policy, together with the HIPAA Notice of Privacy Practices posted separately, describes the types of information gathered by Acelleron Medical Products, LLC (“Acelleron”, “we” or “us”) in the process of selling products (whether by fax, telephone, online, any form of electronic transmission, or otherwise), providing our website (acelleron.com) (the “Site”) and information, and offering supporting services to consumers (“you”) through the Site or by other means, and the data, products, services, information, tools, functionality, updates and similar materials used by us in conducting our business with consumers (collectively, the “Service”), how we use information, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information, and our efforts to protect the information you provide to us through the Site or otherwise in the course of conducting business with us.

By using the Service, you hereby consent to allow us to process information in accordance with this Privacy Policy. Please also refer to our Terms of Service, which are incorporated into this document as if repeated in full. Capitalized terms found here which are not defined in this Privacy Policy shall have the same definition as in the Terms of Service.

Territoriality
Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE SITE AND USING THE SERVICE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND, TO THE EXTENT POSSIBLE, THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

1. Who Collects Your Information On Our Service?
Acelleron does. We collect information from you, and we are responsible for the protection of your information.

2. What Information Do We Collect?
A. Personal Information. We collect certain personal information about you, which may be supplied when you register or sign up for the Service, when you create or update your Account, when you use the Site, when you request services or order products, when you complete a survey, and also when any other information about you is submitted to us, directly or indirectly through your doctor’s office or insurance company. The types of personal information we collect and save include:

    • Contact and account information such as name, email address, physical address, phone number, gender, and age;
    • Insurance and health/medical information, as described below (which may include due dates for some breast pump customers);
    • Contact information for your emergency contact person and your doctor;
    • Technical information collected in our logs. Such information may include standard web log entries that contain your IP address, first party cookies (both session and persistent), third party cookies, web beacons, page URL and timestamp.

You may also provide us information when you interact with us through email, online chat, messaging functions within the Service, or otherwise. We may retain such information in order to provide you with Services, and you agree that we may share this information as needed with other users in order to resolve any issues that may arise between you and another user of the Service.

Although it may appear that we collect financial information, it is actually collected and processed through our third-party payment processor (“Payment Processor”). Our Payment Processor may collect information such as banking information or credit card number, name, CVV code or date of expiration, from you through use of the Service.  Acelleron does not hold your financial information.

In addition to the above, the Service may request permission to access your photo gallery, camera roll, or other device storage area holding your files, documents, and images, such as a pdf or an image of a prescription, in order for you to upload and transmit them through the Service.

B. Non-personal Information. Non-personal information is anonymous or non-personally identifiable information about you, including but not limited to links and materials posted (including product reviews, images of you with the product, and feedback), information about your web browser, which goods are purchased and the timing of purchases, the pages accessed most frequently, how pages are used, search terms entered, and similar non-personal data.

Automatically tracking Internet Protocol (IP) addresses is one method of automatically collecting information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your device whenever you surf the internet, and may make it possible to identify your approximate location. Further, the Service may utilize web beacons, pixel tags, cookies, embedded links, and other commonly used information-gathering tools. Through collecting your IP address, we may be able to approximate your geographic location, however, unless and until this is information is paired with your personally identifiably information (“PII”), it cannot be used to identify you.  If non-personal information is paired or linked to any of your PII, we will treat that non-personal information as if it were also PII.

C. Aggregate Information. We may also collect anonymous, non-identifying and aggregate information such as the type of browser you are using, location, device information, session information, page views, operating system, referral sites, sites visited, the site you go to after our Site, and time spent on the page.

D. We also gather, store, and only when necessary and permitted, transmit protected health information about you. For more information about your rights with respect to protected health information, see our HIPAA Notice of Privacy Practices.

3. Why Is My Information Being Collected?
We accept and gather information in an effort to provide the Service and our products to you.  We need to collect your personal information to, among other things, respond to your requests for products and information, to add you to our email lists, and generally to allow the Service to operate and our products to be sold and shipped to you.  Our Payment Processor collects your payment information as may be necessary for sales of products. We also collect aggregate information to help us better design the Service and improve our products or product lines. We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Service, calculate usage levels, and otherwise provide products and services to you.

4. How Do We Use the Information We Collect?
A. We use the personal information you provide for the purposes for which you have submitted it including:

    • Internal Uses. We may use your PII to respond to your inquiries, to fulfill your requests for information, track usage trends, prevent fraud, develop and improve the Service and other offerings, and perform research and analytics.
    • Creating and Maintaining Your Account. We use your PII to create and maintain an account for you to allow you to purchase and use the Service.
    • Paying For Products. To the extent your order(s) exceed(s) what your insurance policy pays for, our Payment Processor uses your PII to process your payment for products you order.
    • Fulfilling Orders and Sending Information to you.  We use your PII to ship the products that you order, as well as other marketing materials, to you at the address provided.  This is usually done via a third-party carrier or the United States Postal Service, with whom we share your PII, which they use to coordinate and deliver these items to you.
    • Communicating With You About Our Services. We may use your PII to contact you in the event certain information is missing or incorrect, or to send you information about new products and services, discounts, coupons and other items that may be of interest to you.
    • Sending Administrative Emails. We may use your PII to send you emails to: (a) confirm your order and account information and your other PII; (b) process your transactions to purchase our products; (c) provide you with information regarding the Service or your orders; (d) inform you of changes to this Privacy Policy, our Terms of Service, or our other terms, conditions, or policies.
    • Sending Marketing and Promotional Emails and other Advertising. We may also use your information to provide you with information, promotions, and advertisements about our other services and products, or those of third parties. We may share your contact information with our own e-mail or other communications service provider so that these messages can be sent to you. We do not share your PII with third parties whose goods are being advertised on our Site or through our e-mail or other communications to you. You may be asked to share your PII directly with those third parties if you respond to or click on advertisements for their goods or services.
    • Coordinating with Your Doctor and Insurer.  We may use your PII to confirm your prescription with your health care provider and to communicate with your insurer in order to receive payment for the product(s) that you order from us.

B. We may use anonymous information that we collect to improve the design and content of our Service, and to enable us to personalize your internet experience. We also may use this information in the aggregate to analyze how our Site is used, as well as to offer you products or services.

5. Do We Share Your Personal Information?
Acelleron will not share your personal information except: (a) for the purposes for which you provided it; (b) with your consent; (c) as may be required by law or as we think necessary to protect our organization (including the defense of legal claims) or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); (d) with persons or organizations with whom we contract to carry out internal operations or business activities subject to confidentiality obligations; or (e) with your doctor(s) and insurance provider(s).

We may also share aggregate information with others, including affiliated and non-affiliated organizations.

Finally, we may transfer or disclose your personal information to a third party, or our successor in interest, in connection with, or as the result of, an acquisition, sale, merger or bankruptcy involving our company.

6. How Can You Access And Control Your Information?
After becoming a user of the Service, you may revise or edit your information through your account (If applicable), by calling us at 877-932-6327, or by sending an email to [email protected]. For instructions on how you can further access your personal information that we have collected, or how to correct errors in such information, please send an e-mail to [email protected]. We will also promptly stop using your information and remove it from our servers and database at any time upon your e-mail request to [email protected]. You may opt-out of the use of your personal information by the Service to send you promotional and marketing emails by using the unsubscribe feature in the email or by sending us an email to [email protected] with “Opt-Out” in the subject line.  Finally, if applicable, you may opt-out of our use of your personal information for reasons other than the primary purpose for which you provided it by sending us an email to [email protected] with “Opt-Out” in the subject line.

7. How Do We Store and Protect Your Information?
A. After receiving your personal information, we will store it for future use. We have physical, electronic, contractual, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. Unfortunately, no data transmission over the internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information (e.g., strong encryption, virus prevention, risk analysis, and active security monitoring), we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers’ systems.

B. If you are visiting the Site from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in servers located within the USA.

C. We store your personal information until you request us to remove it. We store our logs and other technical records indefinitely.

8. How Do We Use Cookies And Other Network Technologies?
A. To enhance your online experience with us, our web pages may presently or in the future use “cookies.” Cookies are text files that our web server may place on your computer’s hard drive to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other PII unless you choose to provide this information to us. Once you choose to provide PII, however, this information may be linked to the data stored in the cookie. Although it may be possible to turn off the collection of cookies through your device or browser, certain features of the Services may not function properly without the aid of cookies.

B. Our Service uses Google Analytics, provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”). Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends.  This service may collect information regarding the use of other websites, apps and online resources.  For more information on how Google uses data when you use our Site or Service, please follow this link: https://policies.google.com/technologies/partner-sites.  You may be able to opt-out of some or all of Google Analytics features by downloading the Google Analytics opt-out browser add-on, available at, https://tools.google.com/dlpage/gaoptout.  For more information about interest-based ads, or to opt-out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.aboutads.info.

C. We or our service providers may also use “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some email messages for purposes of, among other things, compiling aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to website visitors and may be associated with cookies on visitors’ hard drives. Pixel Tags allow us and our service providers to count users who have visited certain pages of the Site, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can inform the sender of the email whether and when the email has been opened.

D. Our Service uses the “Custom Audience pixel” of Facebook, Inc., 1 Hacker way, Menlo Park, CA 94025 USA (“Facebook”) on our website. This allows user behavior to be tracked after the user has been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, so we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads. For more information about interest-based ads, or to opt-out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.aboutads.info.

E. As you use the internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as “clickstream data”, can be collected and stored by a website’s server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may use clickstream data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Site, how visitors navigate through the Site, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Site.

F. Do Not Track
. At present, the Site does not specifically respond to browser do-not-track signals.

9. Collection of Information by Others.
Our Terms of Service document may identify certain third-party websites to which we may provide links, and that you may click on our Site. Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.

10. Children and Young People’s Information.
We do not knowingly collect any information from any minors, and we comply with all applicable United States privacy laws including the CCPA, the USA’s Children’s Online Privacy Protection Act (“COPPA”) and associated Federal Trade Commission (“FTC”) rules for collecting personal information from minors. Please see the FTC’s website (www.ftc.gov) for more information. If you have concerns about our Site, wish to find out if your child has accessed our services, or wish to remove your child’s personal information from our servers, please contact us at [email protected]. Our Site will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian. In the event that we discover that a child under the age of 13 has provided PII to us, we will make efforts to delete the child’s information in accordance with COPPA. If you believe that your child under 13 has gained access to our Site without your permission, please contact us at [email protected].  Importantly, we ask that users to not provide us with any personal information unless they are at least 18 years old.

11. California Privacy Rights.
California law allows California residents to request information regarding our disclosures to third parties in the prior calendar year, if any, of their personally identifiable information. To make such a request, please contact us at [email protected] with “Request for Privacy Information” in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.

12. CAN-SPAM
The CAN-SPAM Act of 2003 is a law that sets the rules for commercial email. In accordance with the CAN-SPAM Act, you may opt-out or unsubscribe from future emails by following the prompts in our emails, or by emailing us at [email protected] with “Opt-Out” in the subject line.

13. Changes to this Policy.
Because our business needs may change over time, we reserve the right to modify this Privacy Policy. If at any time in the future we plan to use your PII in a way that differs from this Privacy Policy, we will revise this Privacy Policy as appropriate. In the event of a change to our Privacy Policy, we will post the updated policy to the Site, email it to the email address that you provided to us, or otherwise make you aware of the changes. Your continued use of the Service following our notice of changes to this Privacy Policy (or other method of legal acceptance) means you accept such changes. Please refer to the “Effective Date” above to see when this Policy was last updated.

14. Our Contact Information.
If you have any questions or concerns about this Privacy Policy you may e-mail us at [email protected].

 

Copyright © Acelleron Medical Products, LLC. All rights reserved. The Service is the property of Acelleron Medical Products, LLC, and is protected by national and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Service.  All service marks and trademarks used on the Site are owned by us or by our suppliers or other third parties.

 

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