1-800-235-7500 info@curbellmedical.com

PRIVACY POLICY

Last Updated: February 3, 2023

This is the website of Curbell Medical Products, Inc. (“Curbell”).

Our postal address is: 7 Cobham Drive Orchard Park, NY 14127

We can be reached via e-mail at privacy@curbellmedical.com or by telephone at 1-800-235-7500.

Curbell is committed to protecting your privacy. Any information we collect about you will be used to assist us in providing services to you and in the compilation of anonymous statistical information. Our Privacy Statement summarizes our current practices related to gathering and handling your personal information. 

This policy applies to information we collect:

  • On this website.
  • In email, text, and other electronic messages between you and this website.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Curbell or any third party (including our affiliates and subsidiaries); or
  • 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 through 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 website. By accessing or using this website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information Collection
In our effort to continuously improve our customer service, Curbell may collect and use (i) your personal information including, without limitation, your name, e-mail address, IP address, mailing address, and any other personal information that you provide to Curbell and (ii) aggregate browsing information or other information that may be available to us by various means (see below).  This information is collected and used in order to provide you with, among other things, personalized services and communications. 

Information Use
When you provide information to us, we may use that information to (i) fulfill your orders and requests, (ii) process, execute and monitor orders, (iii) assist you with any questions, (iv) provide you with quotations and information about products and services that we believe may be of interest to you, and (v) to optimize our website experience and meet our legal obligations, when necessary (vi) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; and (vii) for any other purpose with your consent..

We do not sell, rent or license your personal information to third parties. However, we may share your personal information with our service providers to enable them to provide their services to us or to you (for example payment processors, co-marketing providers, suppliers).  We require that such service providers protect your personal information and we do not allow them to use your personal information for any purpose not specifically authorized by us and for us. Please be aware that such service providers may be located throughout the world and by accepting this Privacy Statement, you agree that your personal information may be sent from your domicile country to third party service providers located in other countries.

We may also aggregate statistics that we gather about customers, sales, traffic patterns, and services; however, when we do, these statistics will not include any personally identifiable information. You may receive email and other communications from us, such as communications relating to your account or recent orders.

In the event that we are acquired by another entity, go out of business, or enter bankruptcy, user information could be one of the business assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your personal information as set forth in this Privacy Statement.

We furthermore reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms and Conditions of Sale and Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam and/or malware prevention.

Except as set forth in this Privacy Statement, Curbell will notify you when your personal information may be shared with third parties so as to provide you with the option to prevent the sharing of this information. 

Cookies and Information Automatically Collected
We may collect certain information by automated means when you visit our website, such as how many times you visited our site and what pages you accessed. By collecting such information, we learn how to personalize our website for you. We collect this information through various means such as cookies, Google analytics, and IP addresses as explained below. 

We may use cookies to record user-specific information on what pages visitors access, alert visitors to new areas that we think might be of interest to them when they return to our website, and record past activity at a site in order to provide better service when visitors return to our website. Your browser may tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies, but please note that without cookies you may not be able to take full advantage of all our website features. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

Furthermore, your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites that you visit. Please note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

We may also use Google Analytics; a web analytics service provided by Google, Inc. Google Analytics uses cookies to help analyze how users use our website. The information generated by these cookies, which includes information such as your IP address, the URL visited, and the date/ time each page was viewed,  is transmitted to and stored by Google on servers in the United States. Google uses this information to monitor your use of our website and to provide other services relating to website activity and internet usage. Google may transfer this information to third parties where required by law, or where such third parties process the information on Google’s behalf. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout  or downloading the Google Analytics Opt-out Browser Add-on. You may also refuse the use of cookies by selecting the appropriate settings on your browser to disable cookies but please note that without cookies you may not be able to take full advantage of all our website features. By using our website, you consent to the processing of aggregate data about you by Google in the manner and for the purposes set forth herein.

Finally, when you visit our website, we may view the IP address of the device that you use to connect to the Internet. We use this information to determine the general physical location of the device and to better understand in what regions of the country or areas of the World that our visitors or customers are located so as to enhance the overall website experience.

Third party service providers that we partner with may also place their own cookies on your device. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you. The information that they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. We do not control these third parties’ tracking technologies or how they may be used. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by any third parties.

Email Addresses
If you do not want to receive e-mail from us in the future, you may opt-out by unsubscribing at any time by replying to the unsubscribe email link in such email or by calling us directly at the above telephone number or by contacting us at privacy@curbellmedical.com. We do not share your e-mail address with third parties except as set forth herein. 

Mailing Addresses
If you supply us with your postal address on-line, you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by email at privacy@curbellmedical.com or by calling us directly at the above telephone number. We do not share your mailing address with third parties except as set forth herein. 

Phone Numbers
If you provide us with your telephone number on-line you may receive telephone calls from us with information regarding the products and services you are interested in. If you do not wish to receive such telephone calls, please let us know by email at privacy@curbellmedical.com or by calling us directly at the above telephone number. 

Personal Information Protection and Access
We have implemented commercially reasonable measures designed to protect your personal information will be collected and kept secure in a firewall and password protected security system. However, we do not guarantee that any electronic commerce or information is totally secure. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website. Once you have provided us with your personal information, you will have reasonable access to such information so you can update, modify or delete it. You may do this by logging into your user account. By accessing your personal profile, you also may change your preferences on how we communicate with you. If you wish to have your account and personal information deleted, please let us know by email at the above email address or by calling us directly at the above telephone number. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

 

European Union’s General Data Protection Regulation 2016/679
Where the European Union’s General Data Protection Regulation 2016/679 (“ GDPR”) applies, you have certain rights in relation to the personal information we hold about you. We set out below an outline of those rights and how to exercise those rights. Please note  that we will require you to verify your identity before responding to any requests to exercise these rights by providing details only known to the account holder. To exercise any of your rights, please call us at the phone number listed above or by email at privacy@curbellmedical.com. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.

  • Access

You have the right to know whether we process personal information about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.

  • Portability

You have the right (i) to receive a subset of the personal information you provide us if we process it as a result of our contract with you or with your consent in a structured, commonly used and machine-readable format and (ii) to request that we transfer such personal information to another party. If you wish for us to transfer the personal information to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the personal information or its processing once received by the third party.

  • Correction/Rectification

You have the right to require us to correct any personal information that we hold about you that is inaccurate and also have any incomplete data completed correctly. Where you request correction, please explain in detail why you believe the personal information we hold about you is inaccurate or incomplete so that we can assess whether a correction is required. Please note that while we assess whether the personal information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.

  • Deletion

You may request that we delete the personal information we hold about you in the following circumstances:

  • where you believe it is no longer necessary for us to hold the personal information;
  • we are processing it on the basis of your consent and you wish to withdraw your consent;
  • we are processing your data on the basis of our legitimate interest and you object to such processing;
  • you no longer wish us to use your data to send you marketing; or
  • you believe we are unlawfully processing your data.

Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for deletion.

  • Restriction of Processing to Storage Only

You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in the following circumstances:

  • You believe the personal information is not accurate for the period it takes for us to verify whether the data is accurate;
  • We no longer need the personal information for the purposes of the processing but you require us to retain the data for the establishment, exercise or defense of legal claims; or
  • You have objected to us processing personal information we hold about you on the basis of our legitimate interest and you wish us to stop processing the personal information while we determine whether there is an overriding interest in us retaining such personal information.
  • Objection

You have the right to object to our processing of data about you and we will consider your request. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it in relation to legal claims.

You also have the right, at any time, to object to our processing of data about you in order to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.

  • Withdrawal of Consent

Where you have provided your consent to us processing your personal data, you can withdraw your consent at any time by calling us at the above phone number or by sending us an email at privacy@curbellmedical.com

 

Special Category Data:
We do not collect any Personal Data about you that is identified under GDPR as special category data.  Special category data includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, personal or political opinions, trade union membership, information about your health, and genetic and biometric data. We also do not collect any information about criminal convictions and offenses.  If we learn that we have collected such Personal Data, we will take steps to delete the data as soon as possible.

Legal Basis for Processing Personal Data Under GDPR:
To process your Personal Data, we must have a legal basis for doing so.  We may process your Personal Data under the following conditions:

  • Consent: You have given your consent for processing Personal Data for one or more specific purposes.
  • Performance of a contract: The Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
  • Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
  • Vital interests: Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
  • Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
  • Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

Data Transfers outside of the European Economic Area (“EEA”) or United Kingdom (“UK”)

  • If you are located in the EEA or UK, we have implemented secured transfer mechanisms and, where applicable, additional technical, contractual and/or organizational measures to secure the transfer of your Personal Data to jurisdictions that the European Commission or Information Commissioner’s Office (ICO) does not consider to provide the same privacy protections as in the EU and UK. You can learn about these safeguards or, as the case may be, obtain a copy by contacting us at privacy@curbellmedical.com. We are based in the United States of America. We may process, store, and transfer the Personal Data we collect, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own, including the United States of America.
  • By submitting your Personal Data or engaging with our websites, you consent to this transfer, storing, or processing.

California Shine the Light Law
Curbell may share personal information as defined by California’s “Shine the Light” law with third parties. If you are a California customer, you are entitled to request certain information regarding our compliance with this law. To request such a notice, please send a letter to the address set forth above. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Curbell is not required to respond to requests made by means other than through the provided e-mail address or mail address.

Children’s Online Privacy
Curbell recognizes the importance of protecting the privacy of children online. Curbell’s websites are intended for general audiences and are not directed or intended for children under thirteen (13) years of age. We do not knowingly collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) from children in a manner that is not permitted by COPPA.

If you become aware that a child under the age of 13 has provided us with personal information as defined by COPPA through Curbell’s websites, we ask that you e-mail us at privacy@curbellmedical.com. If we become aware that a child under 13 has provided us with personal information as defined by COPPA, we will delete the child’s information from our records to the extent required by COPPA.

Privacy Policy Updates
From time to time, we may use personal information for new, unanticipated uses not previously disclosed in our privacy notice. If our personal information practices change at some time in the future we will post the policy changes to our website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our website periodically. Customers may prevent their information from being used for purposes other than those for which it was originally collected by emailing us at the above address. 

Contact Us
If you have a problem with our use of your personal information, please let us know and we will take all reasonable efforts to address your concerns as set forth herein. If you have any questions or comments regarding this Privacy Statement, please contact us at privacy@curbellmedical.com.