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Privacy Policy

This statement includes information about:

 

Safe Harbor Privacy Policy (applicable to European Economic Area and United States website visitors)

 

Purpose


The purpose of this Policy is to set forth the privacy principles that KCI follows with respect to transfers of Personal Data from the European Economic Area to the United States which has been collected or received by KCI in conducting clinical or market research and/or in managing our workforce.

General Principle

KCI is committed to protecting the privacy of those who entrust us with Personal Data. KCI abides by the Safe Harbor Principles developed by the U.S. Department of Commerce and the European Commission and the Frequently Asked Questions (FAQs) issued by the U.S Department of Commerce on July 21, 2000.

Scope

This Policy sets forth the privacy principles that KCI follows with respect to transfers of Personal Data from the European Economic Area to the United States which has been collected or received by KCI in conducting business with customers and patients, in doing clinical or market research and/or in managing our workforce.

Definitions


Agent any third party that processes Personal Data on behalf of and under the instruction of KCI.

KCI Kinetic Concepts, Inc. and all of its worldwide subsidiaries and affiliates including, but not limited to, KCI USA, Inc., KCI International and LifeCell Corporation.

KCI Contractor any person or entity engaged (directly or indirectly) to provide services and/or products to KCI, whether or not pursuant to a written agreement, including but not limited to any consultant, agent, sales representative, sales associate, distributor, joint venture partner, contractor or other third party.

KCI Employee any employee of KCI, including any international employee.

KCI Personnel any KCI Contractor, KCI Employee or director or officer of KCI.

“Personal Data” any information or set of information that identifies or can reasonably be uses to identify an individual. Personal Data do not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.
“Sensitive Personal Data” personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. Information will be treated as Sensitive Personal Data where it is received from a third party that treats and identifies it as sensitive.

Notice

KCI will inform individuals about the purposes for which we collect and use Personal Data about them, how to contact us, the types of non-agent third parties with whom we may share Personal Data, and any ways that individuals may limit the use and sharing of such data. This notice will be provided when individuals are first asked to provide Personal Data or as soon thereafter as is practicable. Such notice may be provided by various means, such as internal policies, statements in forms and questionnaires, work agreements or a privacy policy

Choice

KCI will offer an individual the opportunity to choose (opt out) whether Personal Data are (a) shared with a non-agent third party or (b) used for a purpose other than that for which the data were originally collected or subsequently authorized by the individual. For Sensitive Personal Data, KCI will endeavor to give an individual an affirmative or explicit (opt in) choice if the information is to be disclosed to a third party or used for a purpose other than those for which it was originally collected or subsequently authorized by the individual; provided, however that choice is not required where the processing of Sensitive Personal Data is: (i) in the vital interests of the data subject or another person; (ii) necessary for the establishment of legal claims or defenses; (iii) required to provide medical care or diagnosis; (iv) carried out in the course of legitimate activities by a foundation, association or any other non-profit body with a political, philosophical, religious or trade-union aim and on condition that the processing relates solely to the members of the body or to the persons who have regular contact with it in connection with its purposes and that the data are not disclosed to a third party without the consent of the data subjects; (iv) necessary to carry out our obligations in the field of employment law; or (vi) related to data that are manifestly made public by the individual.

Access

KCI will provide individuals with reasonable access to Personal Data about them and they may request the correction or amendment of Personal Data that they demonstrate to be incorrect or incomplete. KCI will endeavor to process all reasonable requests for access within a reasonable time period but reserves the right to deny access or limit access in cases where the burden or cost of providing access would be disproportionate to the risks to the individual’s privacy or in the case of a vexatious or fraudulent request. Any KCI Employee who desires to review or update their Personal Data can do so by contacting their human resources representative.

Transfers to Agents

KCI will only transfer Personal Data to an Agent where the Agent has provided assurances that the Agent provides at least the same level of privacy protection as is required by these principles. Should KCI become aware of an Agent using or sharing Personal Data in a way that is contrary to these principles, KCI will take reasonable steps to prevent or stop such activity.

Onward Transfer

KCI will only transfer Personal Data to a non-agent third party where consistent with the notice provided to the individuals who are the subject of the data and any consent that those individuals have given.

Data Integrity

KCI will only use Personal Data only in ways that are consistent with the purposes for which it was collected or subsequently authorized by the individual. To the extent necessary for those purposes, KCI will take reasonable steps to ensure that the Personal Data are relevant for its intended use, accurate, complete and current.

Security

KCI will take reasonable precautions to protect Personal Data in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. KCI endeavors to limit access to Personal Data to KCI Personnel that have a specific business purpose for maintaining and processing such Personal Data. KCI Personnel who have been granted access to Personal Data are aware of their responsibilities to protect the security, confidentiality and integrity of such information.

Enforcement

KCI has put in place mechanisms to verify our ongoing adherence to the privacy principles set forth in this Policy. Individuals who wish to file a complaint, ask a question or raise a concern with this Policy should direct such communication to KCI at the address provided below. KCI will investigate and attempt to resolve complaints, questions and concerns regarding the use and disclosure of Personal Data in accordance with the principles set forth in this Policy. Furthermore, KCI is committed to cooperating with local European Data Protection Authorities to resolve any dispute and will take steps to remedy any problems arising out of a failure to comply with the Safe Harbor principles.

Limitations on Scope of Principles

Adherence by KCI to these privacy principles may be limited to the extent required to meet a legal, governmental, national security or public interest obligation.

Contact for Concerns


For questions regarding this Policy please contact KCI at:

Kinetic Concepts, Inc.
12930 Interstate Highway 10 West
San Antonio, Texas 78249
Attention: Compliance Department


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KCI Web site Privacy Policy

Privacy is very important to KCI. We also understand that privacy is very important to you. This Privacy Policy tells you how we protect and use information we gather through this KCI Web site based in the United States. Some KCI affiliates and subsidiaries (as defined in the Terms of Use) operate other Web sites. This Privacy Policy does not apply to other KCI Web sites to the extent that those sites have specific privacy policies posted. You should review the privacy policy posted on other KCI Web sites when you visit them.

By using this site, you agree to the terms of this Privacy Policy. Whenever you submit information via this site, you consent to the collection, use and disclosure of that information in accordance with this Privacy Policy (and in the case of transfer of information from the European Economic Area to the U.S., the Safe Harbor Privacy Policy) . You may be subject to additional terms that may apply when you access particular services or materials on certain areas in this Web site, or by following a link from this Web site.

This site is not intended for children under the age of 13. KCI will not knowingly collect personally identifiable information via this site from visitors in this age group. Parents are encouraged to talk with their children about the use of the Internet and the information they disclose to Internet sites. Please contact KCI if you think we may have collected information from a child in this age group.

As you use this site, certain anonymous, non-personal information can be passively collected (collected without you actively providing the information) using technologies such as, but not limited to, “cookies”, “Internet tags”, “Internet Protocol Addresses (IP)”, “Web beacons” and “Navigational data” collection methods. Non-personal information may include, but is not limited to, the following:

  • the type of web browser software you use (for example, Firefox or Internet Explorer)
  • the name of the domain from which you access the Internet
  • the Internet address of the Web site from which you linked directly to our Web site
  • the date and time you access our Web site
  • the search terms you use
  • the links on which you click
  • personal information that has been made non-personal or anonymized (i.e., information that no longer reflects or references an individually identifiable user)


Your Internet browser automatically transmits to this site some of this information, such as the URL of the Web site you just accessed prior to this site, and the IP address and browser version your computer uses. The use of cookies, Web beacons and Internet tags can be used to collect this information from your computer. We may place a text file called a cookie in the browser files of your computer when you visit. The cookie may be stored on your computer’s hard drive. The information we collect using cookies is non-personal information. You may be able to set your computer to refuse cookies altogether, but certain features of the site may not work without them.  KCI may use this information for such things as providing better site service, customization of the site based on user preferences, compilation of statistics and trends, market research and other uses to improve this site and our service to visitors. This information is not combined with personally identifiable information collected in other parts of this site, unless you have consented. You may also choose to allow us to personalize your visits to the site, in which case we will ask you for certain personal information to make your visits to our site more helpful to you. When this information is combined with the non-personal information we collect as described above, KCI will be able to tell that you have visited our site before and can personalize your access to the site, for example, by telling you about new features that may be of interest to you or to help you automatically visit your country of origin.

As mentioned above, KCI will use non-personal information from you to help us make this site more useful to visitors. KCI will also use non-personal information for other business purposes. For example, we may use non-personal information or aggregate non-personal information to:

  • create reports for internal use to develop programs, products, services or content
  • customize the information or services that are of interest to you
  • share it with or sell it to third parties
  • provide aggregated “traffic statistics” and “response rates” to third parties


Some areas of this site may ask you to submit personally identifiable information such as name, addresses, e-mail addresses, personal health information, telephone numbers, and the like, in order for you to benefit from particular features (i.e., product or information ordering and educational materials) or to participate in a particular activity (i.e., employment, case studies, research, surveys, testimonials on product/service use). You will be informed what information is required and what, if any, information is optional. Your submission of the information is consent for KCI’s use of that information for the specified purpose(s). Your personally identifiable information may be transferred to one or more of KCI’s affiliated companies worldwide. Furthermore, your submission of the information is consent for KCI to use that information for any other legitimate business purpose, not otherwise disclosed, so long as that information is used in a form that does not personally identify you (i.e., aggregate or summary data). If you so request or otherwise consent by using a reply, feedback or “contact me” feature of this site, KCI may use information collected from this site to communicate with you, in addition to the other purposes specified in this Privacy Policy.
In the ordinary course of business, KCI will share some personal information with companies that we hire to perform services or functions on our behalf. For example, we may use different vendors or suppliers to ship you products or information that you order (or request) on our Web site. In these cases, we provide the vendor with information to process your order such as your name and mailing address. In all cases in which we share your personal information with a third party, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide. We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition.
KCI may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation. KCI may cooperate with law enforcement authorities in investigating and prosecuting Web site visitors who violate our rules or engage in behavior which is harmful to other visitors (or illegal).
KCI may disclose your personal information to third parties if we feel that the disclosure is necessary to:

  • enforce this Privacy Policy and the other rules about your use of this Web site
  • protect our rights or property
  • protect someone's health, safety or welfare
  • comply with a law or regulation, court order or other legal process

Please note: In addition to the ways that KCI may keep, disclose, and use information described in this Privacy Policy, we also may keep, disclose, and use personally identifiable information that you give us through this Web site in ways that we believe are consistent with FDA and other applicable regulatory guidance, directives, regulations, and laws
KCI may contact you periodically by e-mail, mail or telephone if you agree to that contact to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this Web site allow you to communicate with us using an online form. If your communication requests a response from us, we will send you a response via e-mail. The e-mail response or confirmation may include your personal information, including personal information about your health, your name, address, etc. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.
Please be aware that Internet transmissions, to include emails, are never totally secure. Information you submit to this site via the Internet or through email may not be secure; however, we will take reasonable steps to protect any personally identifiable information you may transmit to us from unauthorized access and misuse. KCI cannot guarantee or warrant this Web site or its security components against breaches of security, the interruption of the system or user error and misuse.

Except for certain personal information that may be specifically requested in the Web site for a specific purpose, KCI discourages the submission of confidential or proprietary information to this Web site. KCI does not generally request or require such information and has no obligation of any kind with respect to such information. Any such information you submit to this Web site via the Internet, email or other electronic means is not considered confidential and may be used for various purposes by KCI without limitation to include, but not be limited to, developing, manufacturing and marketing products.

This site may contain links or references to other Web sites. Please be aware that we do not control other Web sites and that, in any case, this Privacy Policy does not apply to those Web sites. We encourage you to read the privacy policy of every Web site you visit, whether sponsored or affiliated with KCI or not.

If you have any questions or concerns about this Privacy Policy or the information practices of this site, please contact us at privacy.office@kci1.com

If this Privacy Policy changes, the revised policy will be posted on this site. Please check back periodically, and especially before you provide any personally identifiable information. This Privacy Policy was last updated on 03/01/2009.


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