Privacy Policy

Last updated: 1/7/2020

This Privacy Policy describes the privacy practices of any and all Apyx™ Medical controlled websites and Apyx Medical with respect to how we collect, use, disclose and transfer the information you provide when you interact with us via these websites, emails and other communications that link to or reference this policy. For European users, please see additional provisions in Section 13.

When this website receives or collects information, that information will be owned by Apyx Medical and the use, handling, disclosure and practices with respect to that information will be governed by this Privacy Policy.

1. TYPES OF INFORMATION WE COLLECT ABOUT YOU

There are two main types of information we collect about users of this website:

  • “Personally Identifiable Information”is information that identifies you and may include, for example, your full (i.e., first and last) name, phone number, email address, postal address, job title, facility/company name, specialty, and area of interest.
  • “Non-Personally Identifiable Information”is information that relates to you or the computer or mobile device you use to access this website but does not on its own identify you personally. This information may include (for example), information about your use of this website, including web pages you have visited, parts or functions of this website you have used or viewed, content you have accessed or viewed, IP address and device identifiers, information about your Internet connection, and information about the equipment or software you use to access the this website.

2. HOW WE COLLECT INFORMATION FROM YOU

We collect information about you in three main ways:

  • Directly from you, when you provide it to us: for example, when you register with the website, complete a contact form or otherwise interact with us.
  • Automatically, when you use this website: we collect information through the use of cookies and similar technologies, through logging your activities on this website. Please see the section regarding Cookies for further information, including your choices in relation to the use of these technologies.
  • From third parties: we may obtain information about you from third parties outside of this website if you interact with us through a social media function such as a plug-in (for example, a Facebook “like” button) then you may be permitting us to have on-going access to some information from your social network profile (such as your name, email address, your friend list, photo, age, gender, location, birthday, social networking ID, current city, the people/sites you follow, and so forth).

3. HOW WE USE INFORMATION ABOUT YOU

We (and our service providers) may use the information we collect about you for a variety of business purposes. For example, we may use that information to:

  • Provide the services and products you have requested;
  • Create an account on this website if you have requested one;
  • Respond to your inquiries, requests, and comments;
  • Provide technical support for the use of this website;
  • Understand how this website is being used so that we can continuously improve the services we provide to you;
  • Send you service-related communications, including announcements and administrative messages;
  • Send you newsletters and information about products, services and promotions;
  • Enforce our terms of service;
  • Create consumer profiles and audience segments, which may be used for targeted advertising;
  • Recognize devices you use and associate the information with your profile; and
  • Combine all the information we collect or receive about you for any of the foregoing purposes.

4. HOW WE SHARE INFORMATION ABOUT YOU

We may share Non-Personally Identifiable Information, such as aggregate data and information about your use of this website with third parties. We may also share information about you as disclosed at the time you provide that information, as set forth in this Privacy Policy, and in the following circumstances:

  • Service Providers that We Have Retained to Perform Certain Business-Related Functions on Our Behalf: For example, our service providers may offer services such as research, analytics, hosting websites, fulfilling transactions, maintaining databases, and providing technology services. We may also need to share information with other companies in order to enable the uses described above in “How We Use Information About You” or elsewhere in this Privacy Policy. Typically, when these companies are provided with Personally Identifiable Information they are only provided with that Personally Identifiable Information they need to perform their functions and that Personally Identifiable Information can only be used as is necessary to perform the services on our behalf, or to comply with legal requirements. Similarly, where appropriate, we take steps to require third-party service providers to protect Personally Identifiable Information.
  • Sale of Our Business or Assets: If we sell all or part of our business or assets or are otherwise involved in a merger or business transfer, we may, in our sole discretion, transfer, sell or assign any or all information to a third party as part of or in connection with that transaction. Upon such a transfer, the privacy policies of the acquiring entity may govern the use and further collection of Personally Identifiable Information and Non-Personally Identifiable Information.
  • Legal Reasons: We may use or disclose information to cooperate with or enlist the support of law enforcement, government or regulatory bodies, content protection organizations or judicial processes with respect to, or to prevent, suspected or possible fraud or other suspected or possible illegal activities. We may also use or disclose information as we determine appropriate to the extent that records have been subpoenaed or otherwise in connection with pending or potential litigation, or to enforce or protect the rights or safety of Services users, us or others, or for risk management purposes.

A Special Note About Sharing Video Viewing Information
By using this website, you are agreeing that we may share information about the video content viewed on your device through this website with analytics providers (such as Google), third-party social media sites (such as YouTube), and the other service providers we work with (as described in this Privacy Policy). You can control information shared with third parties, such as social media sites, through your privacy settings on those services.

5. CHILDREN

This website is not designed or intended for use by children under 13, and thus if you are under 13 we ask that you do not use this website or provide us with any information. If we discover that we have inadvertently gathered any such information then we will, to the extent required by law, delete such information from our records. If a parent or guardian becomes aware that his or her child under 13 has provided us with information without his or her consent, he or she should contact us at Renuvion@ApyxMedical.com.

6. HOW WE PROTECT INFORMATION

We maintain procedural, technical and physical safeguards for this website to help protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the Personally Identifiable Information you provide via this website. Unfortunately, no transmission of data is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. Therefore, any transmission of Personally Identifiable Information to us is made at your own risk. If you believe that your interaction with us is no longer secure, please notify us using the contact details below.

7. YOUR RIGHTS AND CHOICES

Communication Preferences and Opt-outs
If you have subscribed to one or more of our email newsletters or are receiving them from us and you don’t want them anymore, select the “unsubscribe” link at the bottom of any email message.

Cookies
This website uses cookies. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

The cookies that we use on this website, and the purposes for which they are used, are set out below:

  • We use Google Analytics and Hubspot cookies on this website to:
    • Track visits the website
    • Analyze the use of the website
    • Improve the website’s usability
  • We use WordPress cookies on this website to make logging into your account easier:
    • If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
    • When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

You may refuse cookies from this website at any time by changing the settings on your browser. Refer to your browser’s settings page more details. Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website.

Access and Correction
Where legally required we provide online visitors with access to their Personally Identifiable Information and the ability to review, update and correct it. To help your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, and possibly photo ID before granting access to Personally Identifiable Information about you. Please contact Renuvion@ApyxMedical.com for more information about exercising these rights.

Data Retention and Deletion
We may retain your data for as long as you use this website and for a reasonable time thereafter. If you’d like to delete, modify or update the Personally Identifiable Information that you provided via this website please contact us at Renuvion@ApyxMedical.com and we will respond in a reasonable time. Please note that some or all of this data may be required in order for you to access this website, and we may be required to retain certain information by law.

8. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION ABOUT YOU

This website is governed by and operated in accordance with, the laws of the United States. Apyx Medical makes no representation that this website is governed by or operated in accordance with the laws of any other nation.

If you are located outside of the United States, please be aware that information we collect, including Personally Identifiable Information, may be transferred to, processed, stored and used in the United States. Under United States law, your Personally Identifiable Information may be subject to access requests from governments, courts, or law enforcement in the United States.

9. IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS

Residents of the State of California may request a list of all third parties to which this website has disclosed certain personal information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at Apyx Medical Corporation, 5115 Ulmerton Road, Clearwater, FL 33760, USA. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

DO NOT TRACK
Apyx Medical does not currently take actions to respond to Do Not Track signals. When a uniform technological standard has been developed, we will reconsider. We continue to review new technologies and may adopt a standard once one is created.

10. LINKS TO OTHER WEBSITES AND SERVICES

This website may contain links to third-party websites or services. In some cases, we may embed a content feed, video player or other application from a third party into this website, and those feeds, players or other applications may appear to be part of this website, even though they are provided or served by a third party. If you access another website, or any such services, even ones that may contain the Apyx Medical or Renuvion® logo or are framed by this website, please understand that the operators of these websites or services may collect information from you, or place or read cookies or other tracking devices, which will be used by them in accordance with their own privacy practices, which may differ from ours. We are not responsible for, and we do not endorse or control, the policies or practices of any such website or services. You should always read the Privacy Policy of any website or services you access carefully in order to understand their information usage practices.

11. UPDATES TO OUR PRIVACY POLICY

From time to time, we may revise this Privacy Policy. If we make material revisions to the way we collect or use your Personally Identifiable Information, we will provide you with notice of those changes by either: (1) announcing the change on this website or (2) taking other actions as we deem appropriate under the circumstances, including without limitation, posting the revised version of this Privacy Policy online. You should check this Privacy Policy page frequently for updates.

You can determine when this Privacy Policy was last revised by referring to the “Last Updated” or similar legend at the top of this page. If you do not agree with the terms of this Privacy Policy, as it may be amended from time to time, in whole or in part, please do not continue using this website.

12. CONTACT US

For any questions in relation to this Privacy Policy please contact us at Renuvion@ApyxMedical.com or Apyx Medical Corporation, 5115 Ulmerton Road, Clearwater, FL 33760, USA.

13. EUROPEAN USERS

This section is applicable only to European Users of this website. It supplements certain sections of the Privacy Policy and provides additional information that should be read together with other sections of the Privacy Policy. To the extent there is any conflict between this section and the other Privacy Policy, this section shall govern.

DATA CONTROLLERS
When this policy mentions “Apyx Medical”, “we”, “our” or “us”, it refers to the company or companies responsible for your information under this Privacy Policy (or “Data Controller”).

THE LEGAL BASES ON WHICH WE USE YOUR INFORMATION.
We describe above in Section 3 how we use your information. We often rely on the following legal bases where we use your information, as described above:

  • Where it is necessary to fulfil a contract that we have in place with you. Examples of situations where we rely on this basis include where we have a contract with you to provide you with products or services.
  • Where it is necessary for the purposes our legitimate interests as a global medical corporation. This may include our interests in understanding our customers, ensuring our services are being provided efficiently and satisfactorily and ensuring proper administration of our businesses. Examples of situations where we rely on this basis include providing you with technical support, responding to your requests and inquiries, preventing fraud or any other potentially illegal activities and protecting the safety of our users and others.
  • Where it is necessary in order to comply with a legal obligation to which we are subject. Examples of situations where we rely on this basis include complying with subpoenas, search warrants and court orders;
  • Where you have given us your consent to do so. Examples include where we need to send you newsletters and information about products, services and promotions.

YOUR RIGHTS AND CHOICES: WITHDRAWING CONSENT AND OPTING-OUT

Porting Data
In addition to the rights above, you may have the right to have the information you have provided to us and which we use to provide services to you in a machine-readable format. This right enables you to move your information from one provider to another, for example, so that the other provider can continue to service your needs effectively.

Change of mind or objection
Where you have given us consent to use your information for any of the above purposes, you have the right to withdraw that consent at any time. You may also have a right to object to our use of your information where we are relying on a legitimate interest and there is something about your particular situation that makes you want to object to our processing on this ground.

These rights do not apply in all cases however. Please contact the relevant online service or Renuvion@ApyxMedical.com for more information about whether these rights apply if so how they can be exercised.

WHERE YOUR INFORMATION WILL BE USED
As a global corporation, Apyx Medical, may need to transfer your information outside the European Economic Area and make it accessible to our affiliates, Partners and third-party service providers internationally. We do so in order to provide you with our services and for the other purposes outlined above. Please be aware that the data protection laws in some of these countries may not offer the same level of protection as those in your country of residence. Before transferring your information in this way we will take steps to ensure that suitable safeguards are put in place aimed at ensuring an appropriate level of protection applies to your information. For further information on these safeguards, please contact us at Renuvion@ApyxMedical.com.

HOW LONG WE KEEP YOUR INFORMATION
We will keep your information only for long as it is necessary for the purposes described above (to provide you with the service or deliver a product, for our legitimate interests as described above and in order to detect and prevent fraud, and comply with our legal and regulatory obligations). This period will vary depending on your interactions with this website. For example, depending on the type of service you use, we may retain your account data for a reasonable period of time after your last activity. This is to enable you to easily come back and start using this website again. We may also keep a record of correspondence with you relating to this website, for example, if you have made a complaint, for as long as is necessary to protect us from a legal claim. Similarly, when you unsubscribe from our email newsletters or promotional emails, we will keep a record of your email address to ensure we do not send you marketing emails in the future.

COMPLAINTS
If you have any enquiries about how we use your information, please contact us at Renuvion@ApyxMedical.com. You may also have the right to lodge a complaint with a data protection authority should you have any concerns about the manner in which we use your information. Before doing so however, we would encourage you to first contact us directly to allow us an opportunity to resolve any concerns you may have.

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