Kaliber Privacy Policy

EFFECTIVE DATE : November 2, 2021

 

Kaliber Labs, Inc. (“we”, “us”, or “our”)  respect your privacy and are committed to protecting it through our compliance with this policy.

 

This Privacy Policy (“Policy”) describes the types of information we may collect from you or that you may provide when you visit the Kaliber.ai website or the rekap.kaliber.ai website (collectively, the “Websites”), and Rekap software; (“the Service).

This Policy applies to information we collect:
 

(A) On these Websites;


(B) In email, text, and other electronic messages between you and these Websites;
 

(C) Through mobile and desktop applications you download from these Websites, which provide dedicated non-browser-based interaction between you and these Websites;
 

(D) Through information that we collect from the software; and/or
 

(E) Through information that we collect from any devices that you connect to a computer or mobile device running the software.

It does not apply to information collected by:
 

(A) Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or 


(B) Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from [or on] the Website]

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites or our Service. By accessing or using our Websites or our Service, you agree to this Privacy Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of Websites or our Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Your information is stored in the United States. By using or downloading this Service, you agree that your personal information, including any information about your health that you provide directly to us or that we collect through your use of the Service, may be transferred to and stored in the United States.

 

The Information We Collect About You. We collect information directly from you, from devices and third-party services you connect to, and automatically through your use of our Services.

 

When you register to use the Service, we collect personal information including name, email address, telephone number, password, gender, ethnic background, birthdate, emergency contact name, and telephone number from patient users. We collect information including surgeon and staff names, telephone numbers, addresses, email addresses, and professional biographical information from healthcare provider users.

 

In addition to the collection described above, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including basic information from your equipment or mobile device, including device model, OS version, device language, IP address, and browser make and version used to access our Websites or our Service.

 

When you contact us directly, such as when you contact support, we will receive the content of your message or any attachments you may send us, as well as any additional information you choose to provide.

 

How we use your information
 

We process your information for the following purposes:

 

(A) To provide our Websites and Service to you, to communicate with you about your use of our Service, to respond to your inquiries, and for other customer service purposes;
 

(B) To tailor the content and information that we may send or display to you, to offer personalized help and instructions, for identification and security purposes, and to otherwise personalize your experiences while using the Websites and Service;

 

(C) To research and develop new products and features, to the extent permitted by applicable law, and where required, with your consent;

(D) For marketing, promotional and informational purposes, to the extent permitted by applicable law, and where required, with your consent.  

(E) To better understand how users access and use our Websites and Service, both on an aggregated and individualized basis, to improve our Websites and Service, and respond to user desires and preferences, and for other analytical purposes;

 

(F) To administer surveys and questionnaires; 

 

(G) To comply with legal obligations, as part of our general business operations, and for other business administration purposes;

 

(H) To investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Use or this Privacy Policy; and

 

(I) For any other purpose with your consent.

 

How we share your information
 

We may share your information, including personal information, as follows: 

 

(A) Third Party Partners. With your consent, we may share your information from the Websites and Service with other third party partners, including your personal information and data collected from your devices.
 

(B) Your Healthcare Providers or Family. With your consent, we may share your information, including information collected from your connected devices, with your healthcare providers and/or family members that you designate to receive your information.

(C) Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries. If we do so, their use and disclosure of your personal information will be subject to this Policy.

 

(D) Service Providers. We provide selected information we collect from you to third party vendors, service providers, contractors, or agents who perform service functions needed by us to run the business, such as providers of hosting, email communication, customer support services, analytics, marketing, and advertising, based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

 

(E) Clinical Trial Studies. With your consent, physicians and staff of clinical trial programs may use the Service as a means of collecting data for trial studies. If the Service is used as part of a clinical trial study, we will use and share information about the clinical trial collected through the Service in accordance with our agreement with the clinical trial program and any privacy notices provided to you as part of the clinical trial program.

 

(F) Aggregated and De-identified Information. We may share aggregated or de-identified information with third parties for marketing, advertising, research or similar purposes. Aggregated or de-identified information cannot reasonably be used to identify an individual.

 

(G) In Response to Legal Process. We may disclose the information we collect from you to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena, or to respond to any government or regulatory request.

 

(H) To Protect Us and Others. We may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which Kaliber is involved.

 

(I) Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Service. We also may use other analytic means to evaluate our Service. We use these tools to help us to improve our Service, performance, and user experiences.  

 

(J) Business Transfers. If we are acquired by or merge with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding or reorganization, we will give affected users notice before transferring any personal information to a new entity.

 

Cookies
 

Cookies are small text files stored on your device and used by web browsers to deliver personalized content and remember logins and account settings. We use cookies for authentication purposes. Our authentication library is Auth0, whose cookie policy can be found here.  
 

We use Google analytics. The cookie policy for Google analytics can be found here.

 

Third-party links
 

Our Service may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites. We do not control third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

Security of your personal information
 

We have implemented reasonable security precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please be aware that despite our best effort, no data security protocol can guarantee security.

 

You should take steps to protect against unauthorized access to your password, phone, and computer, by, among other things, signing off after using a shared computer, choosing a robust password that no one else knows or can easily guess, and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

 

Access to, storage of, and deletion of your personal information
 

You may access and modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Websites and Service for a period of time. Your personal data is stored and accessible on your device as well as in the cloud.

 

We store information associated with your account until your account is deleted. You can delete your account at any time by contacting us at privacy@kaliberlabs.com. Please note that it may take some time to delete your account information, and we may preserve it for legal reasons or to prevent harm, including as described in the “How Information is Shared” section of this Policy.

 

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

 

Children under the age of 16
 

Our Websites are not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Websites. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on these Websites or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@kaliberlabs.com.

 

Users under the age of 16 must have parental or guardian consent to use the Rekap Service. Kaliber does not knowingly collect personal identifiable information from users under 16, unless a minor under 16 years of age has parental or guardian consent to use the Service and we have parental or guardian consent to collect personal information of the minor. If a child under 16 has provided us with information without parental or guardian consent, the parent or guardian may contact us at privacy@kaliberlabs.com. We will remove the information and unsubscribe the child from any of our electronic marketing lists. Where required by applicable law, we may ask children for consent from their parents or guardian before allowing the use of the Service or providing a product or service to them.   

 

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

 

Your California privacy rights
 

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

 

You can find information regarding the sources from which we collect personal information above in the section titled, “The Information We Collect about You,” business and commercial purposes for which we collect your personal information in the section titled, “How We Use Your Information,” and categories of recipients with whom personal information is shared in the section above titled, “How We Share Your Information.”

 

We do not sell any personal information collected from your use of the Kaliber Service.

 

We do not use cookies on our website that collect and share information collected from your browser for behavioral targeting.  

 

For any questions about our Privacy Policy or practices, please contact us at privacy@kaliberlabs.com.

 

GDPR - rights for EEA users 
 

This Privacy Policy (the “Policy”) applies to the processing of Personal Data, subject to all applicable privacy and data protection laws of the European Union and the European Economic Area (collectively, “Europe”), by Kaliber. It describes how we collect, use, and disclose such Personal Data, your rights and choices with respect to your Personal Data, and how you can contact us if you have any questions or concerns.

 

(A) Personal Data We Collect: “Personal Data” means any information relating to an identified or identifiable individual. We may collect Personal Data about you from various sources, including those described below:
 

(i) Communications. When you contact us via a contact form, email, or other means, you provide us with Personal Data, such as your name and contact details, and the content, date, and time of our communications.
 

(ii) Careers. If you apply for a job with us, you may provide us with your resume, name, contact details, and any other relevant information. If you become an employee, we collect additional information, such as your family information, beneficiary selections, banking information, and other relevant information for employment, payroll, and benefit purposes, and we may collect certain sensitive Personal Data such as trade union membership data or biometric data for identity verification.
 

(iii) Support Information. When you request technical support services, we will process your Personal Data such as your name and the contact details you use to contact us, as well as information on the reasons for your support request, and any additional information you may provide in that context.
 

(iv) Business opportunities. Information we collect in order to communicate with current and prospective business partners and vendors.

 

Where applicable, we may indicate whether and why you must provide us with your Personal Data as well as the consequences of failing to do so. For example, it may be necessary for you to disclose certain Personal Data in order for us to provide the Services to you.

 

Our Services are not intended for use by children under the age of 16.  We may collect personal information of children under the age of 16 with parental or guardian consent.

 

Information collected from other sources
 

Third Parties. We may obtain Personal Data about you from third parties such as current and prospective vendors and business partners and other entities. This information may include names, email addresses, phone numbers, business addresses and other similar information.

 

Information we collect by automated means
 

Cookies. We may collect Personal Data via cookies and similar technologies.

 

How we use personal data
 

We use the Personal Data we collect for the following purposes:

 

(A) Providing services, including to operate, maintain, support, and provide our Services.

 

(B) Communicating with you, including to contact you for administrative purposes (e.g., to provide services and information that you request or to respond to comments and questions), or to send you marketing communications, including updates on promotions and events relating to products and services offered by us.

 

(C) Personalization, including to customize our Services to you and provide you with the most relevant marketing and advertising materials.

 

(D) Analytics and product development, including to analyze usage trends and preferences in order to improve our Services, and to develop new products, services, and features.

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(E) Customer and vendor relationship management, including to track emails, phone calls, and other actions you have taken as our customer or vendor.

 

(F) Aggregation. We may aggregate or anonymize Personal Data and use the resulting information for statistical analysis or other purposes.

 

(G) Administrative and legal, such as to address administrative issues or to defend our legal rights and to comply with our legal obligations and internal policies as permitted by law.

 

Legal basis for the processing of personal data
 

We rely on various legal bases to process your Personal Data, including:

 

(A) Consent. You may have consented to the use of your Personal Data, for example to send you electronic marketing communications or for the use of certain cookies.

 

(B) Contract. We need your Personal Data to provide you with our Services and to respond to your inquiries.

 

(C) Legal. We may have a legal obligation to process your Personal Data, for example to comply with tax and accounting obligations, and we may process your Personal Data when necessary to establish, exercise, or defend legal claims. We may also process your Personal Data when necessary to protect your or another individual’s vital interests.

 

(D) Legitimate interest. We or a third party have a legitimate interest in using your Personal Data, for example to prevent fraud. We only rely on this legal basis when such legitimate interests are not overridden by your interests or your fundamental rights and freedoms.

 

How we disclose personal data
 

We may disclose Personal Data about you in the following circumstances:

 

(A) Group Entities. We may disclose Personal Data about you to our affiliates and subsidiaries.

 

(B) Service providers. We work with third parties to provide services such as hosting, maintenance, and support. These third parties may have access to or process your Personal Data as part of providing those services to us.

 

(C) Legal. We may disclose your Personal Data if it is necessary (i) for compliance with our legal obligations or (ii) to establish, exercise, or defend legal claims.

 

(D) Merger. Information about our users, including Personal Data, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

 

(E) Aggregated information. We may use and disclose aggregated or otherwise anonymized information for any purpose, unless we are prohibited from doing so under applicable law.

 

Your rights and choices
 

As provided under applicable law and subject to any limitations in such law, you have the following rights:

 

(A) Access and portability. You may ask us to provide you with a copy of the Personal Data we maintain about you, including a machine-readable copy of the Personal Data that you have directly provided to us, and request certain information about its processing.

 

(B) Rectification. You may ask us to update and correct inaccuracies in your Personal Data.

 

(C) Deletion. You may ask to have your Personal Data anonymized or deleted, as appropriate.

 

(D) Restriction and objection. You may ask us to restrict the processing of your Personal Data or object to such processing.

 

(E) Consent withdrawal. You may withdraw any consent you previously provided to us regarding the processing of your Personal Data at any time and free of charge. We will apply your preferences going forward. This will not affect the lawfulness of the processing before you withdraw your consent.

 

(F) Complaint. You may lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where you believe an incident took place.

You may exercise these rights by contacting us using the contact details at the end of this Policy. Note that applicable laws contain certain exceptions and limitations to each of these rights.

 

International data transfers
 

We may transfer your Personal Data outside of the country in which it was collected and where the level of protection of Personal Data may be different than in your country. Personal Data may be transferred to the United States. If we do so, we will comply with applicable data protection laws, in particular by relying on an EU Commission adequacy decision, on contractual protections for the transfer of your Personal Data, or on another approved derogation for a specific situation, such as your explicit consent. For more information about how we transfer Personal Data internationally, or to obtain a copy of the safeguards we use for such transfers, please contact us as specified below.

Data security and data retention
 

We use physical, managerial, and technical safeguards that are designed to improve the integrity and security of Personal Data that we collect, maintain, and otherwise process.

We take measures to delete or anonymize your Personal Data when it is no longer necessary for the purposes for which we process it, unless we are required by law to keep it for a longer period. When determining the retention period, we take into account various criteria, such as the type of products or services provided to you, the nature and length of our relationship with you, mandatory retention periods, and applicable statutes of limitations.

 

Third-party services

Our Services may contain features or links to websites and services provided by third parties. Any information you provide via these websites or services is provided directly to these third-party operators and is subject to their privacy policies, even if accessed through our Services. We encourage you to learn about these third parties’ policies before providing them with your Personal Data.

 

Contact us
 

If you have any questions about our Privacy Policy, please contact us at privacy@kaliberlabs.com.

 

Kaliber Labs, Inc.

188 King Street

San Francisco, CA 94107

 

If you are an EEA customer and are unable to reach Kaliber at the contact information provided above, you have the right to contact your local Data Protection Authority.

Changes to this policy
 

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time. We will post any changes to this Policy on our Websites or Service. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change.