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.
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.
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.
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.
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.
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.
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.
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.
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.
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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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)
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
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:
- protect our rights or property
- protect someone's health, safety or welfare
- comply with a law or regulation, court order or other legal process
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.