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    Privacy Policy

    Bioness Inc. ("Bioness," "us," "we," or "our") is committed to protecting the privacy of our Web site visitors. This Privacy Policy details the measures taken by Bioness to protect your privacy in connection with your use of www.bioness.com and other sites owned or operated by Bioness ("Site"). Please read the following to learn more about our Privacy Policy. THIS PRIVACY POLICY DESCRIBES HOW INFORMATION ABOUT YOU COLLECTED VIA THIS SITE MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. This Site does not provide medical research, treatment or advice but merely provides general information on our products and services. You should always consult your health care professional regarding the appropriateness of our products and services and Bioness cannot counsel you in this regard. IN CASE OF A MEDICAL EMERGENCY, CALL 911.

    This Privacy Policy is incorporated into and is subject to the Terms of Use. If you do not agree to the terms of this Privacy Policy or the Terms of Use, please do not provide Bioness with any information and do not use the Site. Your continued use of the Site after the Privacy Policy has been modified will signify your acceptance of the changes for information gathered after the date of the change. Please note that this Privacy Policy applies only to our online collection of information via this Site and does not apply to any information that you may provide to us by other means, such as via mail, email, telephone, or as part of a transaction or research study.

    Overview

    This policy statement discloses our privacy practices including the notification of:

    • PII collected through our Site;
    • Intended usage of this PII;
    • Choices available regarding opt-in/opt-out, data collection, use and distribution of the information;
    • Security measures to protect the loss or misuse of information under Bioness' control; and
    • How to maintain the accuracy of your information.

    The Details

    In general, you may visit our Site and access information while not revealing any individual user information other than Technology Related Information (defined below). If you download content from this Site, or e-mail us, such content will be governed by the Terms of Use, any other terms or conditions on the applicable pages and, if applicable, such content owner's terms and conditions. You may be asked to submit Protected Personal Information (PPI) to us on certain pages of the Site (such as requests for product information); provided, however, it is at your sole discretion whether you decide to send us any such requested PPI. The types of individual user information collected through the Site may include your name, e-mail address, physical address, date of birth, and other Personally Identifiable Information (PII) and other information submitted by you.

    Bioness collects PII and other information about you when you submit information to Bioness through the Site, when you visit Site pages and when you deliver communications or download communications from the Site. Bioness may combine information about you that we have with information we obtain from third parties, business associates or otherwise. Without limitation, information collected, including PII, may be used by Bioness for internal research purposes, marketing, promotions and public relations, subject to the terms of our Privacy Policy. Bioness will not disclose, transfer, sell or otherwise communicate your PII to any third party, other than Bioness' parent, subsidiaries and affiliates, and each of (i) their employees, vendors and/or contractors, (ii) our distributors and facilities that sell, install, service or work with our products and/or services; and/or (iii) our licensors and/or suppliers ("Disclosed Parties"), in each case subject to Bioness' Privacy Policy, unless you give Bioness permission to do so, except as otherwise set forth in this Privacy Policy. In addition, Bioness may share PII with parties that the Disclosed Parties have contractual relationships with, including, without limitation, parties that led you to the Site through a communication or other means employed by or on behalf of such party (each, also deemed a "Disclosed Party"), subject to such parties' agreement that such information will be governed by this Privacy Policy and/or maintained as confidential information of the Disclosed Parties. Bioness will not disclose, sell, transfer or otherwise communicate your PPI to third parties for purposes of direct marketing to you of third parties' products or services, but we may provided such information to third parties that are providing services to us or are involved in selling or marketing our products or services or assisting us in servicing or communicating with you.

    Additionally, you irrevocably agree that Bioness may disclose any information you provide if required to do so by law or pursuant to a request by law enforcement or if we have a good faith belief that disclosure is necessary to (i) comply with the law or with the legal process; and (ii) protect and defend the rights or property of Bioness or third parties; or (iii) act in an emergency to protect someone's safety or legal rights ("Mandatory Disclosures").

    Further, notwithstanding anything herein to the contrary, as we develop our business, we may buy or sell assets or change our name or form of entity, and, depending upon the transaction, your PPI may be one of the transferred assets; provided, however, we will not sell or transfer PII except subject to the terms of our Privacy Policy. For instance, in the event that Bioness is acquired by another company, your PII may be part of the assets transferred to the acquiring party but will remain subject to this Privacy Policy.

    The collected information may be provided in the aggregate to other third parties not disclosed above, including potential business partners and advertisers, but this information is not linked to any PII before it is disclosed unless Bioness has obtained your consent. So long as not connected with your PPI, Bioness has no restrictions regarding its use and sharing of data regarding you it has collected.

    To help administer our Site and provide a positive experience while visiting our Site, Bioness collects technology-related information through temporary and persistent "cookies", "clear gifs" (also known as "web beacons") and other technology and Bioness may set and access Bioness cookies and other technological tools on your computer. "Technology-Related Information" may include, but is not limited to, the following: source IP address, domain name, date and time visited, Site activities and visited pages. If you have submitted PPI, we may associate your PPI with your Technology-Related Information and non-identifiable information otherwise collected by us. A "cookie" is a small line of text that is stored with your Web browser for record-keeping purposes and to help us provide better service to you. Your browser has options to accept, reject or provide you with notice when a cookie is sent; however, if you reject all cookies you may loose some of the Site's functionality and features. To learn more about cookies please search for "cookie" in the "Help" portion of your browser. We may use cookies for a variety of purposes such as to save preferences and to deliver content (which may include third party advertisements) specific to your interests. Bioness may, in connection with your use of the Site, allow other companies that show advertisements on some of our pages and other third parties to set and access their cookies and other technological tools on your computer.

    Off-Site Links

    Bioness has no control over the information collected from or about you by any third party after you have left the Site. By clicking on links to other websites, advertisers and other third parties, you are leaving the Site. Once you have left the Site, Bioness does not control the data collection and privacy practices, or other activities, of any third party linked to or from this Site and Bioness assumes no liability and is not responsible for any practices of such third party locations. Keep in mind that it is always possible that third parties may unlawfully intercept or access transmission of privacy communications and Bioness assumes no liability and is not responsible for any such practices by third parties.

    Consent/Opt-Out/Preferences

    Bioness and/or the Disclosed Parties may send you information such as newsletters and information about products and services, promotional events, marketing events and opportunities to participate in research studies and other activities. If you would like to exercise your right under the CAN SPAM Act to not receive future e-mail correspondence from the sender, except with respect to your transactions (including use of our Site) or communications with us regarding Mandatory Disclosures or as otherwise required by law, you may do so by using a link provided at the bottom of such communications. Subject to Mandatory Disclosures, you may review, change or delete any information that you submitted to Bioness by sending us a letter at the following postal address: Bioness Inc., 25103 Rye Canyon Loop, Valencia, CA 91355 (Attn: Privacy / Legal). You must include your name and a description of the information or preferences you would like to change.

    Data Security

    Bioness endeavors to ensure the commercially reasonable protection of user's PII. We have implemented security measures to protect PII collected on our Site against loss, misuse or alteration. However, the Internet is an open system and technology and human operators are not infallible. Accordingly, we cannot and do not guarantee that the individual user information you have transmitted, including PII, will not be intercepted by others and/or decrypted or accidentally disclosed. We cannot ensure or warrant the security of any information transmitted to us over the Internet, and we accept no liability for any unintentional disclosure. In the unfortunate event that your "personal information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at Bioness' sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.

    Changes to the Privacy Policy

    As a user of the Site, please understand that our Privacy Policy may change from time to time. You should check the Privacy Policy and Terms of Use each time you visit the Site as the use of the Site constitutes acceptance of the then current Privacy Policy and Terms of Use. If we decide to make any material changes, we will post these changes on the Site. If, at any point, we decide to use PII in a manner different than what was stated at the time it was collected, we will notify users of this change by e-mail to the last e-mail address provided to us. Users will have a choice (by means of an opt out opportunity) as to whether or not we use their information in this different manner. Bioness will use information in accordance with the privacy policy under which the information was collected if you opt out of the new policy.

    A Special Note about Children, Children's Privacy and Our Compliance with the Children's Online Privacy Protection Act

    In compliance with the Children's Online Privacy Protection Act ("COPPA"), we are a general audience site and do not intend to collect any PII from children under thirteen (13) years of age, unless we believe such collection to be permitted by law. If you are the parent or guardian of a child under thirteen (13) and believe that he or she has disclosed PII to us, please contact us at the following e-mail address: privacy@bioness.com. Upon request, the parent or guardian of a child under thirteen (13) may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.

    Questions

    Still have questions? If you have any questions about Bioness' collection and use of data related to you, whether in connection with your use of this Site or otherwise, or believe Bioness is not abiding by our posted Privacy Policy, you should contact Bioness' privacy officer by e-mail at privacy@bioness.com. Alternatively, you can send mail to the following postal address: Bioness Inc., 25103 Rye Canyon Loop, Valencia, CA 91355 (Attn: Privacy / Legal).

    Sole Statement

    This Privacy Policy as posted on this Site is the sole statement of Bioness' privacy policy with respect to this Site and other sites controlled by us, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid.

    PROTECTED HEALTH INFORMATION (PHI) THAT WE COLLECT THROUGH MEANS OTHER THAN THIS WEB SITE AND HOW WE USE AND/OR HOW WE DISCLOSE SUCH PHI IS DETAILED IN OUR BIONESS INC. NOTICE OF PRIVACY PRACTICES. PLEASE REVIEW IT CAREFULLY.

    Effective Date

    This Privacy Policy was last changed and posted on our Site on May 22, 2008.

    ©2008 Bioness Inc.
    All Rights Reserved.

    Bioness Inc.
    25103 Rye Canyon Loop
    Valencia, CA 91355