IF YOU ARE SITUATED IN THE EU OR A RESIDENT OF CALIFORNIA OR NEVADA, PLEASE SEE THE SECTIONS “ADDITIONAL EU DISCLOSURES,” “CALIFORNIA CONSUMER RIGHTS” OR “NEVADA PRIVACY RIGHTS” FOR SPECIFIC DISCLOSURES WITH RESPECT TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
- We collect Personal Information (defined below) from you that identifies you as an individual when it is voluntarily provided by you, such as your name, email address, or mailing address and other information.
- We automatically collect browsing information and other information from you that does not directly identify you as an individual, but may identify your device, such as information about your browsing activities and information about the devices you use to access the Website.
- You can access, delete and control certain uses of your information as set forth in the “California Consumer Rights” and “Additional EU Disclosures” sections below.
Personal Information as used herein is information, or a combination of pieces of information, which could reasonably allow you to be identified (“Personal Information”).
Information We Collect From You:
When using the Website, in order to utilize some of the services that may be available, such as signing up for alerts or providing user feedback, you may be asked to provide, or you may choose to provide, certain Personal Information. In addition, we may also collect information from you automatically, such as IP host addresses, web pages viewed, browser type, referring pages, usage and browsing habits and similar data.
Automatic Data Collection:
The information that we automatically collect may include Personal Information, or we may maintain or associate automatically collected information with Personal Information collected in other ways or received from third parties. Such information is used to help us to improve the Site or Services and to make them more personalized. We may automatically collect:
- details of your use of the Site or Services, such as traffic data, location data (including GPS and IP based location identification), logs, and other communication data and the resources that you access and use through the Site;
- information about your device and internet connection, such as your IP address, operating system, and browser type; and
- information about you regarding your current and historical usage of the Site and other data associated therewith.
We may also obtain information from or about you in other ways. We may use your information alone or in combination with additional information we collect from other third parties or sources, as authorized and permitted by law. Also, we may collect the information you send to us such as correspondence, customer satisfaction surveys or customer service communications, testimonials or content provided by you, such as photos, blogs and writings.
We will use your Personal Information as described herein, unless you have specifically consented to another type of use, either at the time the Personal Information is collected from you or through some other form of consent from you or notification to you. You acknowledge that:
- We may use your Personal Information to respond to your inquiries or requests or to carry out transactions authorized by you.
- We may permit our vendors and subcontractors to access and process your Personal Information, but they are only permitted to do so in connection with performing services for us; they are not authorized by us to use the information for their own benefit. HOWEVER, the Website may use third-party tools in connection with some of the products or services provided. Nephros does not have any control over how your Personal Information is used by the providers of the third-party tools. We strongly recommend you review the privacy policies and terms of service of any tool provider to make an informed decision about your usage of such tools.
- We may disclose Personal Information as required by law or legal process.
- We may disclose Personal Information to resolve disputes, investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services.
- We may transfer your Personal Information in connection with the sale, merger, reorganization or change of control of Nephros or as part of a bankruptcy proceeding.
- We may use and disclose Aggregate Information for any number of reasons, so long as those reasons constitute the legitimate business interests of Nephros.
Cookies and Similar Technologies:
As with many websites, we may use “cookies” for the purpose of facilitating and enhancing your communication and interaction with the Website. By accessing the Website, you agree that we and certain third-party business partners and service providers may use such cookies to identify the browser software used to visit the Website and to analyze the traffic patterns on the Website. Cookies may also be used to understand how many people visit the Website, where visitors go on the Website and the number times a user has been on certain pages, how visitors interact with the Website, and the number times a user has been on certain pages. By tracking how and when you use the Website, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Website are based on data obtained from cookies. The cookies we use include session cookies, i.e., cookies that will persist only until you end your session on our Website, and persistent cookies, i.e., cookies that persist even after you end your session on our Website.
We may also use and place cookies on your device from our third-party service providers in connection with the Website, such as an analytics provider that helps us manage and analyze Website usage. An example of such a third party is Google Analytics, through which Google will collect certain information to be used according to Google’s privacy practices. To opt-out of the use of Google Analytics, click here.
Sharing of Personal Information:
We do not share your Personal Information in a manner that constitutes a “sale,” as defined by the CCPA. We disclose the following categories of Personal Information for business purposes:
- Personal identifiers
- Personal information covered by the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Internet or other similar network activity
This Website contains links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Website. These social media platforms collect information pursuant to their own policies. We do not control their practices, so you should read their policies on their sites. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services, you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
Your Choices, Rights and the Opt-Out Process:
You may opt-out of receiving commercial emails from us at any time — please contact us to do so. Please note that there might be a brief delay between when you submit your request to opt-out of such emails and when it is processed and reflected in our systems; accordingly, you may continue to receive communications from us for a limited time after you unsubscribe.
You can set your browser to notify you when you receive a cookie, flush any cookies that may already be on your computer and/or device or refuse to accept cookies. You should understand that some features of many sites may not function properly if you don’t accept cookies. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Website or some of its functionality may be affected.
Subject to local law, you may also have certain rights regarding information that we have collected and that is related to you. See “Additional EU Disclosures”, “California Consumer Rights” and “Nevada Privacy Rights” below for more information on your additional rights over the collection, use and disclosure of your information under those jurisdictions.
California Consumer Rights:
If you are a California resident (“California Consumer”), under CCPA, you have specific rights regarding your Personal Information. This section describes the rights that you have under CCPA or similar laws under your jurisdiction (if any) and explains how to exercise those rights.
Right to Know About Personal Information Collected, Disclosed or Sold
As a California Consumer, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see “Exercising Access and Deletion Rights”), and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:
- The categories of Personal Information we collected about you.
- The categories of sources from which the Personal Information is collected.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you (also called a data portability request).
Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Access and Deletion Rights”), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. However, we may retain Personal Information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions in accordance with applicable laws, set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.
Exercising Access and Deletion Rights
To exercise the access and deletion rights described above, please contact us to do so.
Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (each an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the Personal Information or an authorized representative of that person. For more information about verification, see “Response Timing and Format” immediately below.
Response Timing and Format
We will respond to consumer requests in a reasonably timely manner. If we require extra time to respond, we will inform you of the reason and extension period in writing. In order to protect the security of your Personal Information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. The method used to verify your identity will depend on the type, sensitivity and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the Personal Information that we already have.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons why we cannot comply.
We will not discriminate against you for exercising any of your CCPA rights.
Nevada Privacy Rights:
If you are a Nevada resident, you have the right to request that we do not sell (as defined by N.R.S. 603A) certain personal information that we have collected, or may collect, from you. We do not “sell” your personal information as defined by N.R.S. 603A, however, if you would like to make such a request, please contact us to do so.
Additional EU Disclosures:
Grounds for Using Your Personal Data:
We rely on the following legal basis to process your Personal Information:
- It may be necessary for us to use and disclose your Personal Information for the performance and fulfillment of the contract between us and to provide you with our services;
- We may use and disclose your Personal Information where it is necessary for our legitimate interests (or those of a third party) and your interest and fundamental rights do not override those interests;
- If you specifically consent to certain uses of your Personal Information, we may use your Personal Information in a manner consistent with that consent; and
- We will also process, transfer, disclose and preserve Personal Information when we have a good faith belief that doing so is necessary.
Data Subject Rights
If you are located in the European Union with rights under the General Data Protection Regulation (“GDPR”), you have the right to withdraw previously provided consent for our processing of your Personal Information — please contact us to do so. Such individuals also have the following rights:
- Right to access – This right allows individuals to obtain confirmation that his or her Personal Information is being process and allows individuals to request details of the processing of his or her Personal Information, including, without limitation, categories of recipients to whom the Personal Information have been or will be disclosed and purposes of processing.
- Right to rectify – This right allows individuals to rectify any inaccurate Personal Information about him or her.
- Right to restrict processing – This right allows individuals to block or suppress processing of Personal Information under certain circumstances.
- Right to be forgotten – This right is also known as the “right to erasure”. It is an individual’s right to have Personal Information erased or to prevent processing in specific circumstances.
- Right of data portability – This right allows individuals to move, copy or transfer Personal Information from one place to another in a secure manner without interrupting the integrity and usability of the information.
- Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling, and providing for purposes of scientific or historical research and statistics.
We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Due to the inherent open nature of the Internet, however, we cannot guarantee that all information will be free from unauthorized access by third parties, such as hackers, and your use of the Website demonstrates your assumption of this risk.
If you provide us with Personal Information through the Website, we retain your information for as long as necessary for our business purposes. This may include, but is not limited to, retaining such information to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use Aggregate Information previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
Links to Other Websites:
This Website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of other websites and by linking to such websites we are not endorsing their content or practices. We encourage you to be aware when you access any such third-party links and to read the privacy policies of each website that you access.
Our servers are maintained in the United States of America (“USA”). By using the Website, you freely and specifically give us your consent to export and store your Personal Information in the USA. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA. We may transfer Personal Information from the European Economic Area and Switzerland to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Personal Information of European Union residents will be transferred in compliance with the requirements of the GDPR.
Website Terms and Conditions:
Use of the Website is governed by the provisions contained in the Terms and Conditions. Your use, or access, of the Website constitutes your agreement to be bound by those provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE.
For questions or concerns relating to privacy, please contact us. If you are located in the European Union with rights under the GDPR and have any complaints regarding our privacy practices, you have the right to complain to a supervisory authority.
Questions and Concerns