LAST UPDATED:  18 March 2022

Theragnostics Inc. (“Theragnostics” or “we”) respects the privacy of its visitors to our Nephroscan website at https://www.nephroscan.com (the “Site”). Theragnostics developed this Privacy Notice to provide information about our practices regarding the collection, use, and disclosure of personal information that you may provide when you visit the Site. We encourage you read this Privacy Notice before submitting information. By using this Site, you acknowledge that you understand and agree to the terms of this Site’s Privacy Notice.

 

INFORMATION WE COLLECT

For purposes of this Privacy Notice, “Personal Data” means any information relating to an identified or identifiable natural person.  As described in detail below, we may collect certain Personal Data from or about you in connection with your use of, or your submissions to, the Site. 

We may collect Personal Data as follows:

  • When you communicate with us, sign up for materials, and interact with the Site.  We may collect Personal Data, such as your name, address, phone number, email address, fax number, medical information and business contact information, when you communicate with us or submit information to us.  We may also collect Personal Data when you interact with our Site our utilize Site features, and when you sign up to receive newsletters, updates, or other information.  If you contact us through phone or email to report an adverse event or report a product quality complaint we may collect additional information such as: patient identifier, date of birth, race, sex, medical condition/history, summary of incidence including outcomes, batch lot number, date of incidence, contactor’s name, company address and contact information
  • When we collect data from third parties or publicly-available sources.  We may obtain certain data about you from third-party sources to help us provide and improve the services.  We may combine your Personal Data with data we obtain from our services, other users, or third parties to enhance your experience and improve the services. 
  • When we leverage and/or collect cookies, device IDs, location, data from the environment, and other tracking technologies.  We may collect certain Personal Data using cookies and other technologies, such as web beacons, device IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization and performance/analytics. When you visit the Site, we may also automatically collect certain data about your device, including information about your device’s operating system, your web browser, IP address, and time zone. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.  Our “Use of Cookies and Similar Technologies” section contains more information and options to control or opt-out of certain data collection or uses.

You are not required to provide all Personal Data identified in this Privacy Notice in order to use the Site; however, if you do not provide the Personal Data requested, we may be unable to provide some or all of the Site to you.

USE OF COOKIES AND SIMILAR TECHNOLOGIES

The Site uses cookies and similar technologies to improve user experience, for performance and analytics, and to improve our content, products, and services.  We also use cookies and similar technologies for purposes of marketing and advertising.  

A “cookie” is a small text file that a web server stores in browser software.  A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others.  Some cookies and other technologies may serve to track Personal Data previously entered by a web user on our site. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them.   Cookies can remember login information, preferences, and similar information.  

Cookies, as well as other tracking technologies, such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data. 

We may also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types, clickstream patterns, dates and times that our site is accessed, and other categories of data.

If you want to block the use and saving of cookies from the Site on to the computers’ hard drive, you should take the necessary steps within your web browser’s settings to block all cookies from the Site and its external serving vendors, or use the cookie control system, if available upon first visit.  Please note that if you choose to erase or block your cookies, certain parts of our Site may not function correctly. For information on how to disable cookies, refer to your browser’s documentation or documentation specific to certain types of cookies (for example Flash cookies and HTML5 cookies). 

Our Site may use the following technologies to implement cookies and pixels:

  • Google Analytics.  In order to ensure that the content from the Site remains up to date, user-oriented and comprehensive, this Site employs Google Analytics, a web-analysis tool from Google Inc. (“Google”) that enables us to optimize our Site for you. Google Analytics uses cookies that track your preferences during your visit to our Site. This allows us to simplify navigation, for example, thereby helping us to make the site more user-friendly. The information that is generated in this process (including the IP address) is anonymized, making personal identification impossible. An evaluation for reporting purposes is carried out only after the anonymization process. The data, generated by this Cookie are usually transferred and stored on a server in the USA. As a user of our Site, you always have the option of disabling cookies in your browser settings. Most browsers allow cookies as a default setting. Should you change this setting, this may disrupt certain functions of our Site. Furthermore, you can prevent Google’s acquisition and processing of the information that is generated by the cookie and concerns your activity on the Site (including your IP address) by downloading and installing a browser plug-in. In this process, your IP-Address is in a first step reduced to Countries in the European Union or other Countries in the European Economic Community. The actual link to the tool is: http://tools.google.com/dlpage/gaoptout?hl=us. Further information on the terms of use and the privacy options of Google are available on:
    http://www.google.com/analytics/terms/us.html
  • Google AdWords. As an AdWords customer, the Site also uses Google conversion tracking by Google on some pages. This means that Google AdWords places a cookie on your computer (“conversion cookie”) if you have accessed our webpage via a Google ad. These cookies become invalid after 30 days. If you visit certain pages on our Site and the cookie has not yet expired, we and Google can recognize that someone has clicked on an ad and been directed to our page as a result thereof. Each AdWords customer receives a different cookie. Cookies can therefore not be tracked via the websites of AdWords customers. The information collected with the help of the conversion cookie allows us to prepare conversion statistics to optimize our services. AdWords customers know, for instance, the total number of customers who have clicked on their ad and been redirected to a page with a conversion tracking tag. But they do not receive any information by which users can be personally identified. If you do not want to participate in the tracking, you can prevent the placement of the necessary cookie – for instance through a browser setting that deactivates the automatic placement of cookies in general. “You can also deactivate conversion tracking cookies by setting your browser to block cookies from the domain googleadservices.com”.
  • Google Remarketing. Moreover, the Site uses Google’s Remarketing technology on some pages. With this technology, users who have already visited our web pages and online services and shown in interest in what we have to offer are shown targeted advertising on other websites of the Google Partner network. The ads are displayed through the use of cookies, by means of which the user’s behavior during his or her visit to the website is analyzed and then used for targeted product recommendations and interest-based advertising.

If you do not wish to receive any interest-based advertising, you can deactivate Google’s use of cookies for these purposes by going to https://www.google.com/settings/ads. Alternatively, users can deactivate cookies from third-party providers by going to the network advertising initiative’s deactivation page (link: https://optout.networkadvertising.org/?c=1).

Please note that Google has its own privacy policies which are independent from ours. We do not accept any responsibility or liability for these policies and procedures. Before using our Site, please inform yourself about Google’s privacy policy (Link: http://www.google.com/privacy.html).

HOW WE USE THE INFORMATION WE COLLECT

 

We may use Personal Data for a variety of different purposes as set out in further detail below.  Subject to applicable law, the purposes for which we use and process Personal Data, and the legal basis for such processing, are set forth below.

  • For our legitimate business interests. To operate our business and provide the Site, other than in performing our contractual obligations to you, for our legitimate business interests for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.  Legitimate interests may include:
  • To maintain the Site, including for technical support;
  • To communicate with you regarding the Site, including to provide you important notices regarding changes to our Terms of Use;
  • To address and respond to your requests, inquiries, and complaints;
  • To develop, provide, and improve the Site, including to better tailor the features, performance, security and support of the Site, and for statistical and analytics purposes; 
  • For our direct marketing purposes;
  • In any other way we may describe when you provide the information;
  • For any other purpose with your consent;
  • For fraud, loss, and other crime prevention purposes;
  • To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties; 
  • To enforce our Terms of Use, this Privacy Notice, or agreements with third parties; 
  • To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process; or
  • Subject to applicable contractual or legal restrictions, in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction. 
  • To comply with legal obligations.  To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.
  • To protect data subjects’ vital interests.  To protect the vital interests of you or of another person.

In some cases where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data:

  • Special Categories of Personal Data.  We generally do not collect or require special categories of Personal Data (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health information, biometric data, or sexual orientation) in order to access our Site.  In the event you voluntarily provide this information to us or we need to collect such information to provide a specific service to you, we will obtain your consent if required by law. If you choose not to provide consent, you may not be able to access all of the features and content of our Site. In certain circumstances, subject to applicable law, we may process or otherwise disclose special categories of Personal Data without consent, such as to protect the vital interests of you or of another person.
  • Cookies.  We may also request consent for some cookies in accordance with our cookie policy.

HOW WE MAY DISCLOSE INFORMATION

 

We may disclose Personal Data as described in this Privacy Notice, including:

  • For the Purpose Disclosed.  We may disclose your Personal Data to fulfill the purpose for which you provided it to us. 
  • Affiliates.  We may disclose some or all of your Personal Data to our subsidiaries, joint ventures, and other companies under our common control (collectively, “Affiliates”), for the purposes described in this Privacy Notice.  Where we share Personal Data with our Affiliates, we will require our Affiliates to honor this Privacy Notice.
  • Service Providers.  We may disclose Personal Data to business partners, distributors, service providers, marketing partners, and vendors in order to maintain, provide and improve the Site.  We may also share Personal Data for other technical and processing functions, such as sending e-mails on our behalf, technical support, or otherwise operating the Site, for analytics, and for marketing purposes. Such third parties may have access to Personal Data only as needed to perform their functions for us, and they may not use Personal Data for other purposes.
  • Pursuant to Legal Process and Protection of Rights.  We may also disclose Personal Data to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or as otherwise pursuant to legal process. We may also use and disclose Personal Data to establish or exercise our legal rights, to enforce our Terms of Use, this Privacy Notice, or agreements with third parties, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.
  • Corporate Transactions.  Subject to applicable law, we reserve the right to sell or transfer Personal Data in the event that we are acquired by or merged with another company or in connection with the potential sale or transfer of some or all of the business assets of the Site or Theragnostics, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.  If the sale occurs, the purchaser will be entitled to use and disclose the Personal Data collected by us, and the purchaser will assume the rights and obligations regarding Personal Data as described in this Privacy Notice.
  • Consent. We may also disclose Personal Data with your consent.

De-Identified or Anonymous Data

We may create de-identified or anonymous data from Personal Data by removing data components (such as your name, email address, or linkable tracking ID) that make the data personally identifiable to you or through obfuscation or through other means.  Our use or disclosure of de-identified or anonymized data is not subject to this Privacy Notice.

DO-NOT-TRACK

Do-Not-Track is a public-private initiative that has developed a “flag” or signal that an Internet user may activate in the user’s browser software to notify websites that the user does not wish to be “tracked” by third-parties as defined by the initiative. The online community has not agreed on what actions, if any, should be taken by the websites that receive the “do not track” signal, and therefore Do-Not-Track is not yet standardized. Please note that the Site does not alter its behavior or use practices when we receive a Do Not Track signal from your browser.

Information from Children Under 13 Years of Age 

We do not knowingly collect information from minors under the age of 13 years without parental consent.  If you become aware that an individual under 13 years of age has provided us with Personal Data without parental consent, please contact us at [email protected]  If we become aware that an individual under 13 years has provided us with Personal Data without parental consent, we will take steps to remove the data as permitted by law.

LINKS TO OTHER SITES

Our Site may contain links or otherwise provide access to another website, mobile application, or Internet location (collectively “Third-Party Sites”).  We provide these links merely for your convenience.  We have no control over, do not review, and are not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Notice does not apply to Third-Party Sites.  We encourage you to read the privacy policies of any Third-Party Site with which you choose to interact.

CALIFORNIA RESIDENTS

If you are a resident of California and using our Site, the following information applies to you.  For purposes of this section, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associate with, or could reasonably be linked, directly or indirectly, with you or your household.  Personal Information does not include publicly available information, information that is de-identified, aggregated information, or any other information outside the scope of the California Consumer Privacy Act of 2018 (“CCPA”).

Information we collect

We may collect Person Information from you in a variety of ways

Category of Personal Information Categories of Sources Purpose of Collecting/Sharing  Categories of Third Parties to Whom We Disclose Personal Information
Personal identifiers such as name, date of birth, email address, IP address, account name, online identifier, social security number, license number or other similar identifiers You, your computer and mobile devices when you access our Site To allow you access to our Site and to provide you with services, such as responding to questions you may have Third parties that help us administer and manage our Services, including third parties that help us manage our communications, complete transactions, assist with our information technology and security programs, our lawyers, accountants, auditors, or regulatory bodies or other third parties as may be required by law.
Protected classification characteristics under California or federal law such as age, gender, gender identity, gender expression, health information, education  N/A We do not generally collect this information N/A
Commercial information, such a Services provided, your interaction with our Site and Services You To allow you access to our Services, to provide you with Services, to respond to questions you may have Third parties that help us administer and manage our Services, including third parties that help us manage our communications, complete transactions, assist with our information technology and security programs, our lawyers, accountants, auditors, or regulatory bodies or other third parties as may be required by law.
Biometric Information N/A We do not generally collect this information N/A
Internet or other similar network activity information such as browsing history, login information, device type, accounts, IP address and other similar information concerning your interactions with our Site. Your computer and mobile devices when you visit our Site.  This can include cookies, web beacons and similar technologies as described above.   To analyze and improve our Services, administer our Site and Services, provide you with access to our Services, analyze and improve our information technology, monitor compliance with our Terms of Use, and enforce our Terms of Use or other legal or regulatory obligations Third parties that help us administer and manage our Services, including third parties that help us manage our communications, complete transactions, assist with our information technology and security programs, our lawyers, accountants, auditors, or regulatory bodies or other third parties as may be required by law.
Geolocation Data such as physical location information that may be provided by the device you are using Your computer and mobile devices when you access our Site. To analyze and improve our Services, administer our Site and Services, provide you with access to our Services, analyze and improve our information technology, monitor compliance with our Terms of Use, and enforce our Terms of Use or other legal or regulatory obligations. Third parties that help us administer and manage our Services, including third parties that help us manage our communications, complete transactions, assist with our information technology and security programs, our lawyers, accountants, auditors, or regulatory bodies or other third parties as may be required by law.
Audio, electronic, visual, thermal, olfactory or similar information N/A We generally do not collect this type of information N/A
Professional or employment-related information You or others you have authorized to submit employment related information as part of the job application process We collect this information in connection with the job application process.    Third parties that help in our employment processing, verification status and background checks.  Third parties that help us manage our communications, complete transactions, assist with our information technology and security programs, our lawyers, accountants, auditors, or regulatory bodies or other third parties as may be required by law.
Educational Information such as your academic credentials, degrees or licenses, and training You  We collect this information in connection with the job application process.    Third parties that help in our employment processing, verification status and background checks.  Third parties that help us manage our communications, complete transactions, assist with our information technology and security programs, our lawyers, accountants, auditors, or regulatory bodies or other third parties as may be required by law.
Inferences drawn from other Personal Information You To analyze and improve our Services, administer our Site and Services, provide you with access to our Services, analyze and improve our information technology, monitor compliance with our Terms of Use, and enforce our Terms of Use or other legal or regulatory obligations Third parties that help us administer and manage our Services, including third parties that help us manage our communications, complete transactions, assist with our information technology and security programs, our lawyers, accountants, auditors, or regulatory bodies or other third parties as may be required by law.

Exercising your Rights under CCPA

If you wish to exercise your rights under California law, please see the “Right to Access and Control Your Personal Information Under the European Union Data Protection Regulation (GDPR) and CCPA  ” section below for information on how to contact us to exercise your rights.

In addition to the rights listed below, you have the right to:

  • To not be discriminated against for exercising your rights.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

California Shine the Light Law:

California Civil Code Section 1798.83, known as the “Shine the Light” law, permits individuals who are California residents to request and obtain from us a list of what PII (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. We will never disclose your PII to third parties for direct marketing purposes without your authorization.  However, if you would like to make a request for information under the Shine The Light law, please contact us at the “Contact Us” section below. 

Requests may be made only once a year and are free of charge.

RIGHT TO ACCESS AND CONTROL YOUR PERSONAL INFORMATION UNDER THE EUROPEAN UNION DATA PROTECTION REGULATION (GDPR) AND CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

Individuals in California, the EU and certain other jurisdictions who are accessing this site and whose data we may be collecting and processing may have certain rights under applicable data protection law, including the right to request confirmation from us as to whether or not we are processing your Personal Data.  Where we are processing your Personal Data, subject to applicable law, you also have the right to:

  • Request access to, modification or rectification, or deletion. You may have the right to request access to, modification of, correction of, or deletion of your Personal Data we maintain.  
  • Request restriction of processing. You may have the right to request that we restrict processing of your Personal Data in certain circumstances, such as where you believe that the Personal Data we hold about you is inaccurate or our processing is unlawful.
  • Object to processing. In certain circumstances, you may have the right to request that we stop processing your Personal Data, such as a request to stop sending you direct marketing communications.  To opt-out of direct marketing communications, please see the instructions in the “Withdrawing Your Consent” section of this Privacy Notice.
  • Data portability. In certain circumstances, you may have the right to receive the Personal Data concerning you that you provided to us or to request that we transmit your Personal Data to another data controller. 
  • Lodge a Complaint.  You have the right to lodge a complaint with a supervisory authority. 

To exercise your rights, you may contact us as at [email protected]  As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion.  Furthermore, where permissible, we may charge for this service.  We will respond to reasonable requests as soon as practicable and as required by law. To protect your privacy and security, we may take steps to verify your identity in order to respond to your request. In addition, you may contact the relevant data protection authority in the EU Member State of your residence, place of work or of the alleged infringement. 

WITHDRAWING YOUR CONSENT 

In most cases, we need to process certain components of your Personal Data in order to fulfill our contractual obligations to you and for our legitimate interests. Please note that, subject to applicable law, we may continue to process your Personal Data even where you object if there are compelling legitimate grounds for processing that override your interests and rights, or where processing is necessary to establish, exercise, or defend legal claims.

Since your consent is the basis of processing, you may at any time withdraw the consent you provided for the processing of your Personal Data for the purposes set forth in this Privacy Notice by contacting us at [email protected], provided that we are not required by applicable law or professional standards to retain such information. 

If you would like to stop receiving newsletters or other marketing or promotional messages, notifications, or updates, you may do so by following the unsubscribe instructions that appear in these e-mail communications.  Alternatively, you may contact us at [email protected] to opt-out of direct marketing.  Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including legal notices and certain communications related to the provision of the Site.

Please note that if you do not provide consent, if you withdraw your consent or object to processing, or if you choose not to provide certain Personal Data, we may be unable to provide you some or all of the Site.

TRANSFER OF DATA

Please note that if you are visiting the Site from outside of the United States, your information may be transferred to, stored, and/or processed in the US.  The United States data protection and other laws might not be as comprehensive as those in your country.  If you are located outside of the United States, the transfer of Personal Data is necessary to provide you with the requested information and Site and/or to perform any requested transaction. By using any portion of the Site, you acknowledge and consent to the transfer of your information to our facilities in the United States. 

DATA RETENTION

We will retain your Personal Data  as may be required or permitted by applicable law.  We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

SECURITY

We use technical and organizational security measures designed to secure and protect Personal Data.  Please note, however, we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

UPDATES TO THIS PRIVACY NOTICE

We may update this Privacy Notice from time to time.  The most recent version of the Privacy Notice is reflected by the version date located at the top of this Privacy Notice. We encourage you to review this Privacy Notice often to stay informed of how we may process your information.

 

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail at the following address:

 

Theragnostics Inc.  

150 Grossman Drive #306

Braintree, MA 02184

617-286-7479