Privacy Policy

Welcome to the Privacy Policy for newgensurgical.com (the “Site”).  This website provides you with information about our business and our devices and products.

The Privacy Policy explains how we collect, use, disclose, and secure information we obtain through the Site.  The terms “NewGen Surgical,” “we,” and “us” include NewGen Surgical, Inc. and our affiliates and subsidiaries.

The Site Collects Your Information

Information You Provide To Us.  We collect information you provide through the Site.  For example, when you contact us through the website, you may submit your name, email address, and content of your message.

NewGen Surgical is genuinely concerned about the privacy of its users, and is committed to providing a secure and private environment for the free flow of information. The public areas of this site are open to all visitors to read, search, browse, and download, at no cost. Visitors need not register or give any personal identification to use the public areas. No software or hardware techniques are employed to covertly capture a user’s name or email address.

Where visitors choose to provide the site with a name, email address or other information in order to request further information, NewGen Surgical keeps all such response lists confidential and securely stored.

Personally identifiable information collected in any area of the website will not be sold or rented to any other organization or entity unless the user is first notified and expressly agrees in advance.

Communicate with Us.  We collect information through your communications with our customer-support team or through other communications with us, including through social media and email.

Automatic Data Collection: Cookies and Related Technologies.  When you visit our Site or open our emails, we and our third-party partners, such as ad networks, social media widgets, and analytics providers, collect certain information by automated means, such as cookies, web beacons and web server logs. By using the Site, you consent to the placement of cookies, beacons, and other similar technology in your browser and on emails in accordance with this Privacy Policy.  The information collected in this manner includes IP address, browser characteristics, device IDs and characteristics, operating system version, language preferences, referring URLs, and information about the usage of our Site. We may use this information, for example, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud.  Our partners also may collect and combine information about your online activities over time, on other devices, and on other websites or apps, if those websites and apps also use the same partners.  We use Google Analytics to collect and process certain website usage data.  To learn more about Google Analytics and how to opt out, please visit www.google.com/policies/privacy/partners/.  You may be able to change browser settings to block and delete cookies when you access the Site through a web browser.  However, if you do that, the Site may not work properly.  The Site does not respond to browser do-not-track signals.

How NewGen Surgical Uses Your Information

Internal and Service-Related Usage.  We use information for internal and service-related purposes.  We may use and retain any data we collect to provide and improve any of our products and services.

Communications.  We may send emails to the email address you provide to us for informational and operational purposes, such as account management, customer service, system maintenance, and other Site-related purposes.

Marketing.  We may use information collected through the Site for marketing purposes, such as providing personalized online advertising on and off the Site and sending you information we think may be useful or relevant to you.  You may opt out of email marketing by using the unsubscribe link in a marketing email.

Aggregate Data.  We anonymize or aggregate data collected through the Site and may use and disclose it for any purpose.

NEWGEN SURGICAL May Disclose Your Information

We Use Vendors and Service Providers.  We share information we receive with vendors and service providers that perform services on our behalf.  For example, we will share your information with service providers that provide web and database hosting services.

Social Networking Websites.  The Site may allow you to share information with social networking websites, such as Facebook.  Their use of the information will be governed by their privacy policies, and we are not responsible for how they treat the information.

Marketing and Advertising Partners.  We do not rent, sell, or share personal information (as defined by California Civil Code §1798.83) about you that we collect on the Site with other people or unaffiliated companies for their direct marketing purposes, unless we have your permission.  We allow access to your information to enable the delivery of personalized online advertising to you and others on the Site and on other websites and online services from us and our third-party advertising partners, or to send you information we think may be useful or relevant to you.

You may be able to opt out of receiving personalized advertisements on this browser or device from advertisers, or other advertising networks who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out options of each of those organizations.  Links to those sites are here:

Network Advertising Initiative:

Digital Advertising Alliance:

When you opt out of personalized advertising, you may continue to see online advertising on the Site and/or our ads on other websites and online services.

Legal and Similar Disclosures.  We may access, preserve, and disclose your information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; comply with the law; or protect your, our, or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers.  If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of NewGen Surgical assets, or transition of service to another provider, your information may be disclosed in connection with the negotiation of such transaction, and/or sold or transferred as part of such a transaction as permitted by law and/or contract.

With Your Permission.  We may also disclose your Personal Information with your permission.

INFORMATION Security

We take steps in an effort to treat your information securely and in accordance with this Privacy Policy.  Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.

Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of the Site is directed to children under the age of 13.  If you learn that your child has provided us with personal information without your consent, you may alert us at info@newgensurgical.com.  If we learn that we have collected any personal information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

Governing Law and Data Storage
This Privacy Policy and your use of this Site, pursuant to the Terms of Use set forth below, are governed by the laws of the State of California and the United States of America. You should be aware that when you submit your personally identifiable information to NewGen Surgical through this Site, your information will be deemed sent to NewGen Surgical from the United States of America, that your information may go to a country that has different privacy laws than your home country and that your information will be handled in accordance with the laws of the United States of America. By providing any personal information to NewGen Surgical through this Site, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the submission, collection and processing of such information in the United States of America. Some of NewGen Surgical web pages are targeted towards countries other than the United States and are intended for visitors from those countries. If you are a resident of a country other than the United States and you give NewGen Surgical personal information through a NewGen Surgical web page targeted towards your country of residence, that information will be stored and used in accordance with the laws of the country in which the web page is maintained.

International users: If you are using the Site, you agree to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.

NON-U.S. USERS

European Union General Data Protection Regulation (GDPR)

As a data controller, we have updated our Service and processes as required by GDPR, including giving data subjects in the European Union the following rights

  • Right of access
  • Right to rectification
  • Right to erasure
  • Right to restriction of processing
  • Right to object
  • Right to data portability

Please see below for more details about the GDPR compliance of our data subprocessor, AWS.

If you require measures beyond our Privacy Policy and Privacy Shield certification, please access our Data Processing Agreement (DPA) here.

Privacy Shield

We comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. We have certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/list.

In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at info@newgensurgical.com.

We commit to cooperate with Data Protection Authorities and comply with the advice given by the panel established by Data Protection Authorities with regard to data transferred from the EU. The Federal Trade Commission has jurisdiction over our compliance with the Privacy Shield.

An individual has the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms as outlined here: https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Amazon Web Services (AWS)

As mentioned above, all data in the Service is stored and processed through third party subprocessor Amazon Web Services (AWS), with processing in the United States of America and Ireland. AWS’ security and compliance experts confirm that AWS has in place effective technical and organizational measures for data processors to secure personal data in accordance with the GDPR (https://aws.amazon.com/blogs/security/all-aws-services-gdpr-ready/), and AWS is also certified by Privacy Shield (https://www.privacyshield.gov/participant?id=a2zt0000000TOWQAA4&status=Active) on both the EU-U.S. and Swiss-U.S. privacy frameworks.

UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION

If you would like to request that we update or correct any information that you have provided to us through your use of the Site or otherwise, or if you have suggestions for improving this Privacy Policy, please send an email to info@newgensurgical.com.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

Posting of a Revised Privacy Policy.  We may make changes to this Privacy Policy from time to time, and the revised version will be effective when it is posted. If we make any material changes, we will let you know through the Site, by email, or other communication. We encourage Users to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the Site, you are agreeing to this Privacy Policy and any updates we make to it.

Contact Information
NewGen Surgical, Inc.

41 Simms Street, Suite B
San Rafael, CA 94901

info@newgensurgical.com

Effective Date: February 27, 2017

California Compliance Declaration

NewGen Surgical has developed a compliance program to ensure that its policies and internal controls adhere to applicable statutes and regulations affecting the health care industry. NewGen Surgical affirmatively declares that it is in compliance with both its own Program and the requirements of §§ 119400-119402 of the California Health and Safety Code.