Privacy and Cookie Policy

Shape Memory Medical, Inc. and its affiliates (“Shape memory Medical” “we,” “our,” and/or “us”) value the privacy of individuals who use our website and related services (collectively, our “Site”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from or about visitors to Shape Memory Medical’s Site. By using our Site, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes.

Information You Provide to Us

Communications. If you contact us directly, we may receive additional information about you. For example, when you email us, we will receive your email address, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Careers. If you decide that you wish to apply for a job with us, you may submit your contact information and your resume. We will collect the information you choose to provide on your resume, such as your education, employment experience, and any other information you make available to us.

Information We Collect When You Use Our Site

Location Information. When you use our Site, if you allow us, we may infer your general location information (for example, your IP address may indicate your more general geographic region).

Device Information. We receive information about the device and software you use to access our Site, including internet protocol (IP) address, web browser type, operating system version, phone carrier and manufacturer, and device identifiers.

Usage Information. To help us understand how you use our Site and to help us improve it, we automatically receive information about your interactions with our Site, like the pages or other content you view, your comments, any content you email, and the dates and times of your visits.

Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Site, you may not be able to utilize the features of the Site to their fullest potential.

Information We Receive from Third Parties

Background Checks. We work with third-party partners to perform background checks on people who apply for a job with us and receive publicly available information such as criminal history.

Other third parties. We may receive additional information about you from third parties such as data or marketing partners and combine it with other information we have about you.

How We Use the Information We Collect

We Use The Information We Collect:

• To provide, maintain, improve, and enhance our Site;

• To understand and analyze how you use our Site and develop new products, services, features, and functionality;

• To communicate with you, provide you with updates and other information relating to our Site, provide information that you request, respond to comments and questions, and otherwise provide customer support;

• For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you;

• To de-identify and aggregate information collected through the Site and use it for any lawful purpose.

• To find and prevent fraud;

• For compliance purposes, including enforcing our Terms of Site or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and

• For other purposes for which we provide specific notice at the time the information is collected.

How We Share the Information We Collect

We share the information we collect with the following third parties:

Affiliates. We may share any information we receive with our corporate affiliates for any of the purposes described in this Privacy Policy.

Vendors and Site Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of our Site.

Marketing. We do not rent, sell, or share information about you with non-affiliated companies for their direct marketing purposes, unless we have your permission.

Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Advertising Partners. We may work with third party advertising partners to show you ads that we think may interest you. If you interact with these ads, these advertising partners may set and access their own cookies, pixel tags and similar technologies on our Site and they may otherwise collect or have access to information about you which they may collect over time and across different online services.

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

Merger, Sale, or Other Asset Transfers. We may disclose and transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our business or assets. The use of your information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable information was collected.

Consent. We may also disclose information from or about you or your devices with your permission if permitted by applicable law.

Your Choices

Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us. See the tabbed area toward the bottom of this page for more specific options.

Third Parties

Our Site may contain links to other websites, products, or services that we do not own or operate.  We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

Security

We make reasonable efforts to protect your information by using physical and electronic safeguards designed to improve the security of the information we maintain. However, as our Site is hosted electronically, we can make no guarantees as to the security or privacy of your information.

Notice for California Residents

Your Rights And Choices. The California Consumer Privacy Act (“CCPA”) provides certain consumers (California residents) with rights with regards to certain personal information. This section describes your CCPA rights and explains how to exercise those rights. The rights described in this section do not apply to information collected from customers as part of our business relationship.

Categories Of Personal Information That We Collect And Disclose. As required by the CCPA, below are the categories of personal information about California consumers that Shape Memory Medical collects and discloses, where we determine the means and purposes of data processing. We do not sell personal information.

We collect and disclose for a business purpose the following categories of personal information:

Employment History, including professional or employment-related information.

Education Information, including information about education history or background.

Categories Of Sources Of Personal Information. The categories of sources of personal information we collect are described above.

Purposes For Collecting Personal Information. We collect the personal information identified above to communicate with you, for advertising and marketing purposes, to provide and improve our services, and other purposes set forth in How We Use the Information We Collect section above.

Categories of Third Parties with Which Personal Information is Shared. We share personal information identified above with the following categories of third parties:

• Third-party providers that serve business, professional or technical support functions;

• Third parties for legal matters or safety purposes.

California Consumer Rights. California law gives California consumers the right to make the following requests:

• The right to request a copy of the personal information that we have collected about you in the prior 12 months.

• The right to request deletion of the personal information that we have collected from you, subject to certain exemptions (for example, where the information is used by us to detect security incidents, debugging or to comply with a legal obligation).

• The right to request more details about the personal information we collect and how and why we use and share it, including the categories of personal information we have collected about you, the categories of sources for personal information we collect, the business or commercial purposes for collecting personal information, and the categories of third parties with which we share personal information.

• The right to opt-out of sale of your personal information. Shape Memory Medical Inc. does not sell personal information.

You can submit a copy, deletion, or right-to-know request by emailing us at privacy@shapemem.com or writing to us at Shape Memory Medical, Inc., 1321 Ridder Park Drive, Suite 10, San Jose, CA 95131. An authorized agent may submit a request on your behalf by sending a written authorization signed by you. We may still require you to directly verify your identity and confirm that you provided the authorized agent permission to submit the request.

The CCPA prohibits discrimination against California consumers for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California consumers related to their personal information, unless the different prices, rates, or quality of goods or services are reasonably related to the value of the consumer’s data.

International Visitors

Our Site is hosted in the United States and intended for visitors located within the United States. If you choose to use the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Site. By providing any information, including personal information, on or to the Site, you consent to such transfer, storage, and processing.

Pose a Question

If you have questions about your privacy on the Site or this privacy policy, please contact us at privacy@shapemem.com.

Changes to this Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share personal information previously collected from you through the Site, we will notify you through the Site, by email, or other communication.

Contact Information

If you have any questions, comments, or concerns about our processing activities, please email us at privacy@shapemem.com or write to us at Shape Memory Medical, Inc., 1321 Ridder Park Drive, Suite 10, San Jose, CA 95131.

Last Updated: 4/8/2024