Privacy Policy

Privacy statement

Privacy Policy and Terms of Use Effective as of April 22, 2015

APOLLO ENDOSURGERY PRIVACY STATEMENT
By using this website, you agree to the terms of the most recent version of this Privacy Statement. You may be subject to additional terms that may apply when you access particular services or materials on certain areas in this Website, or by following a link from this Website.

INTRODUCTION
The information we receive, and how we use it, depends on what you do when visiting our Website. We collect and use your non-personal information (information that is not identifiable to you personally) differently than your personal information.

WHAT IS NON-PERSONAL INFORMATION?

Non-personal information is information we collect through this website that does not identify you as an individual person. It may include information such as the following:

  • the type of Web browser software you use (for example, Google Chrome or Internet Explorer)
  • the name of the domain from which you access the Internet
  • the Internet address of the Website from which you linked directly to our Website
  • the date and time you access our Website
  • which pages you have visited on our Website
  • personal information that has been de-identified

If you visit our Website to read or download information, such as information about a health condition or about one of our products, we may collect certain non-personal information about you from your computer. This information is collected from your computer's Web browser: If you only read or download information on our Website, we do not collect or learn your name, e-mail address, home address, or other personal information about you. We may place a text file called a cookie in the browser files of your computer when you visit. The cookie may be stored on your computer's hard drive. The information that we collect using cookies is non-personal information. You are always free to decline our cookies if your browser permits, but some parts of our Website may not work properly for you if you do so. We will not allow third parties to place cookies on our Website.

WHAT DOES APOLLO DO WITH NON-PERSONAL INFORMATION?

Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. We are always looking for ways to better serve you and improve this Website. We will use non-personal information from you to help us make this Website more useful to visitors. We also will use non-personal information for other business purposes. For example, we may use non-personal information or aggregate de-identified 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

WHAT IS PERSONAL INFORMATION?
Personal information is information we collect through this Website that we can use to specifically identify you, such as your:

  • name
  • telephone number
  • e-mail address
  • medical device serial number
  • personal health information
  • date of birth

In some places on this Website you have the opportunity to send us personal information about yourself. For example, you may fill out a registration form, a survey, or an e-mail form.

You also may choose to allow us to personalize your visits to the Website, in which case we will ask you for certain personal information to make your visits to our Website more helpful to you. When this information is combined with the non-personal information that we collect through cookies (described above), we will be able to tell that you have visited our Website before and can personalize your access to our Website, for example, by telling you about new features that may be of interest to you.

HOW DOES APOLLO KEEP AND USE PERSONAL INFORMATION?
We may keep and use personal information we collect from you through this Website to provide you with access to this Website. In addition, we may keep and use your personal information:

  • to respond to your requests
  • to personalize your access to our Website, for example, by telling you about new features that may be of interest to you
  • to develop records, including records of your personal information
  • to, upon your request, contact you with information that might be of interest to you, including information about clinical trials and about products and services of ours and of others
  • for analytical purposes and to research, develop and improve programs, products, services and content
  • to remove your personal identifiers (your name, e-mail address, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information.
  • to enforce this Privacy Statement and other rules about your use of this Website
  • to protect our rights or property
  • to protect someone's health, safety or welfare
  • to comply with a law or regulation, court order or other legal process

DOES APOLLO EVER SHARE PERSONAL INFORMATION WITH THIRD PARTIES?
APOLLO will not share your personal information collected from this Website with an unrelated third party without your permission, except as otherwise provided in this Privacy Statement. 

In the ordinary course of business, we will share some personal information with companies that we hire to perform services or functions on our behalf. 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. 

We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting Website visitors who violate our rules or engage in behaviour which is harmful to other visitors (or illegal). 

We may disclose your personal information to third parties if we feel that the disclosure is necessary to:

  • enforce this Privacy Statement and the other rules about your use of this Website
  • protect our rights or property
  • protect someone's health, safety or welfare
  • comply with a law or regulation, court order or other legal process

Please note: In addition to the ways that we may keep, disclose, and use information described in this Privacy Statement, we also may keep, disclose, and use personally identifiable information that you give us through this Website in ways that we believe are consistent with governmental guidance, directions, regulations, and laws.

OTHER WEBSITES.
This Website may contain links to other Websites. We provide the links for your convenience, but we do not review, control, or monitor the privacy practices of Websites operated by others. This Privacy Statement does not apply to any other Website. We are not responsible for the performance of Websites operated by third parties or for your business dealings with them. Therefore, whenever you leave this Website we recommend that you review each Website's privacy practices and make your own conclusions regarding the adequacy of these practices.

DIRECT COMMUNICATION WITH VISITORS.
We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you and where you have indicated that you would like to receive such information. In addition, some of the features on this Website 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.

PRIVACY OF CHILDREN UNDER 13.
We care about protecting the online privacy of children. We will not intentionally collect any personal information (such as a child's name or e-mail address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.

WEBSITE SECURITY.
We take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

HOW TO CONTACT APOLLO
If you have a question, a complaint or comments about this Privacy Statement, please contact: 

The Privacy Officer
Apollo Australia 
Suite 1116-1118, 1 Queens Rd.
Melbourne, VIC 3004
Phone: 1800 082 586 

TERMS OF USE
Access to and use of this Website are subject to the following terms and conditions and all applicable laws. If you do not agree with these terms of use, please do not use this Website. Because we may revise the terms of use from time to time, you should review them periodically.

COPYRIGHTS
You should assume that all contents of the Website are copyrighted unless otherwise noted and may not be used except as provided herein and without our express written permission. Except as expressly provide above, nothing contained herein shall be construed as conferring any license or right under any Apollo copyright.

TRADEMARKS
All product names, logos, and service marks displayed on the Website that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the "Trademarks") are registered or unregistered trademarks owned by or licensed to Apollo or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of Apollo or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the product or services of the company.

USER RESPONSIBILITY
Each person assumes full responsibility and all risks arising from use of the Website. IN NO EVENT SHALL WE, OR ANY OF OUR AFFILIATES, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS AND/OR THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE WEBSITE, REGARDLESS OF WHETHER APOLLO OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. This includes damages to, or for viruses that may infect your computer equipment. Without limiting the foregoing, everything on the Website is provided to you "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THIS WEBSITE. WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL BE TIMELY OR ERROR FREE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

MEDICAL ADVICE
No information contained on this Website is provided with the intention to give medical advice or instructions on the accurate use of our products. We cannot answer unsolicited e-mails requesting personal medical advice; visitors should always consult a health care professional.

COUNTRIES
This Website and its contents are intended for use by Australian residents only. Nothing contained on the Website should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Website provides information about products or uses that may not be available in particular countries. Trademarks used for certain products may differ in specific countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.

LIABILITY
So far as permitted by applicable laws, we do not accept, and expressly disclaim, any liability for any direct, incidental, consequential, indirect, or punitive loss or damage arising out of access to, use of, or inability to use this Website, or any errors or omissions in the content thereof. Except as may otherwise be required by law, we have no duty to update our Website.

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