PRIVACY POLICY

1.      Purpose and Scope

1.1   This privacy policy (“Privacy Policy”) governs how we, Eitan Medical Ltd. and our subsidiaries use, collect and store Personal Data we collect or receive from or about you (“User”, “you”) such as in the following use cases:

           1.1.1   When you browse or visit our website;

           1.1.2   When you use our mobile application (the “App”)

           1.1.3   When you use one of our products or services; and/or

           1.1.4   When you contact us (e.g. customer support, help, submit a request). 

1.2   The Purpose of the App is to connect your mobile device to the Avoset infusion pump and to upload infusion treatments that were performed with an Avoset pump to the cloud, in order to allow the medical team and care givers involved in your treatment to monitor and follow your treatment.

1.3    We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal and Sensitive Data.

1.4   “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.

1.5   “Sensitive Data” means any Personal Data that reveals sensitive information about a human being, such as political opinions, health-related data or religious views.

1.6    This Privacy Policy can be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

2.        Responsibilities

Our chief information security officer (“CISO”) is the owner of this document and is responsible for ensuring that this procedure is reviewed in line with our review requirements.

3.      What Information We Collect, Why We Collect It, And How It Is Used
Data we collect Why is the data collected and for what purposes? Legal basis (GDPR only) Third parties with whom we share your data Consequences of not providing the data
Pump users and caregivers’ name and email address Provided by customers, to be able to use our Pump configuration software Provided freely by the customers / caregivers in order to use the service. None Cannot use the pump configuration service, download software.
Technicians’ name and email address Provided by service technicians, to be able to use our service portal Provided freely by the service technicians in order to use the service. None Cannot use the service portal
Customer name and email address Provided by customers who wish to complain via our customer complaint system Provided freely by the customers in order to identify them as the complaint initiators. None Cannot be identified as the complaint initiator and receive a response.
Customer and supplier name and email address Provided by customers and suppliers who need to be included in our ERP system Provided freely by the customers and suppliers in order to identify them in our ERP system. None Cannot have managed customer / supplier transactions using our ERP system
Employee personal details (name, address, ID number) Provided by employees as part of their onboarding process. Provided freely by employees in order for the company to manage their HR processes, attendance and salary None Cannot be managed by HR or receive salary
Job candidate name and email To enable Job candidates review and screening before employment Provided freely by job candidates in order for their application to be reviewed None Cannot review job application
Location of your device is collected while a treatment is in progress, even if the App is not in use (runs in the background). The data is required to allow your medical team and care givers to review your treatments and provide remote support and/or urgent response for any problem. consent Your medical team and care givers authorized by you to receive the data Cannot establish connection between the pump and the App, support failure.
Medical data The data is required to allow your medical team and care givers to follow your treatments consent Your medical team and care givers authorized by you to receive the data the medical treatment and supervision will be jeopardized
Data we collect Pump users and caregivers’ name and email address
Why is the data collected and for what purposes? Provided by customers, to be able to use our Pump configuration software
Legal basis (GDPR only) Provided freely by the customers / caregivers in order to use the service.
Third parties with whom we share your data None
Consequences of not providing the data Cannot use the pump configuration service, download software.
Data we collect Technicians’ name and email address
Why is the data collected and for what purposes? Provided by service technicians, to be able to use our service portal
Legal basis (GDPR only) Provided freely by the service technicians in order to use the service.
Third parties with whom we share your data None
Consequences of not providing the data Cannot use the service portal
Data we collect Customer name and email address
Why is the data collected and for what purposes? Provided by customers who wish to complain via our customer complaint system
Legal basis (GDPR only) Provided freely by the customers in order to identify them as the complaint initiators.
Third parties with whom we share your data None
Consequences of not providing the data Cannot be identified as the complaint initiator and receive a response.
Data we collect Customer and supplier name and email address
Why is the data collected and for what purposes? Provided by customers and suppliers who need to be included in our ERP system
Legal basis (GDPR only) Provided freely by the customers and suppliers in order to identify them in our ERP system.
Third parties with whom we share your data None
Consequences of not providing the data Cannot have managed customer / supplier transactions using our ERP system
Data we collect Employee personal details (name, address, ID number)
Why is the data collected and for what purposes? Provided by employees as part of their onboarding process.
Legal basis (GDPR only) Provided freely by employees in order for the company to manage their HR processes, attendance and salary
Third parties with whom we share your data None
Consequences of not providing the data Cannot be managed by HR or receive salary
Data we collect Job candidate name and email
Why is the data collected and for what purposes? To enable Job candidates review and screening before employment
Legal basis (GDPR only) Provided freely by job candidates in order for their application to be reviewed
Third parties with whom we share your data None
Consequences of not providing the data Cannot review job application
Data we collect Location of your device is collected while a treatment is in progress, even if the App is not in use (runs in the background).
Why is the data collected and for what purposes? The data is required to allow your medical team and care givers to review your treatments and provide remote support and/or urgent response for any problem.
Legal basis (GDPR only) consent
Third parties with whom we share your data Your medical team and care givers authorized by you to receive the data
Consequences of not providing the data Cannot establish connection between the pump and the App, support failure.
Data we collect Medical data
Why is the data collected and for what purposes? The data is required to allow your medical team and care givers to follow your treatments
Legal basis (GDPR only) consent
Third parties with whom we share your data Your medical team and care givers authorized by you to receive the data
Consequences of not providing the data the medical treatment and supervision will be jeopardized

Finally, please note that some of the abovementioned Personal Data will be used for fraud detection and prevention, and for security purposes.

4.        PERIOD OF STORAGE OF COLLECTED INFORMATION

4.1     Personal Data. Your Personal Data (as described above) will be stored until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we will retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your Personal Data perpetually. 

4.2   Sensitive Data. Your Sensitive Data (as described above) will be stored until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we will retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your Sensitive Data perpetually.

4.3   Cookies. This depends on the cookie in question. Some cookies (e.g. essential cookies) cannot be disabled. You may also control and delete these cookies through your browser settings.

5.        HOW WE PROTECT AND STORE YOUR INFORMATION

5.1   Security. We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

5.2   Retention of your Personal Data. In addition to the retention periods mentioned in Section 1 above, in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

6.        HOW WE SHARE YOUR PERSONAL DATA

In addition to the recipients described in Section 1, we may share your information as follows:

6.1    To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order.

The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR): 6.2    If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets (including its financial and legal advisors). In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.

6.3    Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality)

6.4    Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

If you want to receive the list of recipients of your Personal Data, please make your request by contacting us to info@EitanMedical.com.

7.       ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

7.1     Storage: Azure – EU.

7.2    Access from Israel: Access from Israel is covered by the European Commission’s Adequacy Decision regarding Israel.

7.3    External transfers: Where we transfer your Personal Data outside of EU/EEA, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data. Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States.

7.4    Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

8.        YOUR RIGHTS

The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):

8.1    You have the right to request that we rectify any Personal Data we hold that it is inaccurate or misleading

8.2    You have a right to access information held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law

8.3    You have the right to request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims

8.4    You have the right to object, to or to request restriction, of the processing. However, there may be circumstances in which we are legally entitled to refuse your request 

8.5    You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller 

8.6    You have the right to object to profiling

8.7     You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority

8.8    You have the right to withdraw your consent. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. 

8.9    You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality. 

8.10    You can exercise your rights by contacting us at info@EitanMedical.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request.         

8.11    When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. 

8.12    In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law. 

9.        USE BY CHILDREN

9.1    We do not offer our products or services for use by children. If you are under 18, you shall not use our services or the Website, or provide any information to the services or Website without involvement of a parent or a guardian. We do not knowingly collect information from, and/or about children.

10.        PUBLIC INFORMATION ABOUT YOUR ACTIVITY ON THE SERVICES

10.1    Some of your activity on and through the Services is public by default. This will include, but not limited to, content you have posted publicly on the Website or otherwise through the Services.

10.2    Registered users can have some of this information associated with their Accounts. Unregistered users will not have this association, but information concerning their use of the Services (such as what pages they have visited) can be tracked anonymously through the use of cookies and stored by us.

10.3    Please also remember that if you choose to provide Personal Data using certain public features of the Services, then that information is governed by the privacy settings of those particular features and can be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.

11.        LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

11.1    The Website enables you to interact with or contain links to other third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

12.        LOG FILES

12.1   We make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.

13.    COOKIES AND OTHER TRACKING TECHNOLOGIES

13.1   Our Website utilizes “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our Website and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Website. Certain cookies and other technologies may serve to recall Personal Data, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

14.    ANALYTIC TOOLS

14.1    Google Analytics –  The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/ .

14.2  We reserve the right to use other analytic tools.

15.    CALIFORNIA PRIVACY RIGHTS

15.1    California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to info@EitanMedical.com. Please note that we are only required to respond to one request per customer each year.

Revision ECO/Project Number Category Change
02 ECO-2021-044 New process Initial release