Privacy Policy

This is the official PRIVACY POLICY (this “Policy”) for www.endocare.com (the “Site”), an Internet website owned and offered by Endocare, Inc. (“Endocare”). This Policy is intended to explain Endocare’s privacy practices for the Site, and to provide you, the person accessing or using the Site and any person helping you access or use this Site (collectively, “you” or “your”), with an overview of the following:

1. The categories of information Endocare collects about you through the Site;
2. How Endocare collects such information;
3. How Endocare uses such information;
4. Who will have access to such information; and
5. Endocare’s security measures for protecting such information.

CAREFULLY READ EACH AND EVERY TERM AND CONDITION OF THIS POLICY IN ITS ENTIRETY.

THIS POLICY ONLY APPLIES TO INFORMATION COLLECTED THROUGH THE SITE.

BY ACCESSING OR USING THE SITE, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE MOST-RECENT VERSION OF THE SITE’S TERMS OF USE (WHICH GOVERNS YOUR ACCESS AND USE OF THE SITE), AND YOUR CONTINUING ACCESS OR USE OF THE SITE REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

1. HIPAA NOTICE OF PRIVACY PRACTICES
2. ELIGIBILITY
3. CATEGORIES OF INFORMATION COLLECTED THROUGH THE SITE
4. A SPECIAL NOTE ABOUT MINORS
5. HOW INFORMATION IS COLLECTED THROUGH THE SITE
6. USE OF INFORMATION COLLECTED THROUGH THE SITE
7. SHARING OF INFORMATION COLLECTED THROUGH THE SITE
8. THIRD PARTY ADVERTISEMENTS, WEBSITES AND PLATFORMS
9. SECURITY
10. ONLINE TRACKING
11. YOUR CALIFORNIA PRIVACY RIGHTS
12. MODIFICATIONS OF THIS POLICY
13. SEVERABILITY
14. CONTACT US
15. EFFECTIVE DATE

1. HIPAA NOTICE OF PRIVACY PRACTICES.

In certain situations, companies that provide services similar to those provided by Endocare may be considered subject to the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”). Likewise, while it is unlikely that any information Endocare receives via this website is intended to be used in connection with the provision of healthcare services by Endocare, some of the information Endocare may come into contact with could be considered “protected health information” under HIPAA. To the extent applicable, Endocare will abide by any obligations it may have under HIPAA.

2. ELIGIBILITY.

The Site is offered only to users in the United States of America, its territories and possessions (collectively, the “United States of America”). If you are located outside the United States of America, then your access and use of the Site is done at your own risk, and you, not Endocare, are responsible for compliance with any applicable laws of your location outside the United States of America. Consequently, to the fullest extent permitted by law, you hereby waive any claims relating to the collection, protection and/or use of your information that may arise under the applicable laws of your location outside of the United States of America.

Finally, by accessing or using the Site, you represent and warrant to Endocare that you meet all of the applicable eligibility requirements for access and use of the Site, as those eligibility requirements are set forth in the Site’s Terms of Use.

3. CATEGORIES OF INFORMATION COLLECTED THROUGH THE SITE.

Endocare may collect personal and non-personal information about you through the Site. The term “personal information” means information that would allow someone to identify or contact you, such as, by way of example only, your name, your physical address, your email address, or your telephone number. The term “non-personal information” means any information other than personal information that Endocare may collect from you. At this time, the categories of personal and non-personal information that Endocare may collect from you through the Site include the following:

Your first and last name
Your email address

4. A SPECIAL NOTE ABOUT MINORS.

The Site is not designed or intended to attract children under thirteen (13) years of age. Endocare does not collect personal information through the Site from any person Endocare actually knows to be under thirteen (13) years of age. If Endocare obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then Endocare will permanently delete such personal information from its records.

5. HOW INFORMATION IS COLLECTED THROUGH THE SITE.

Endocare may collect personal and non-personal information from you whenever it asks you for such information, such as, for example, when you register with the Site.

In addition, if you or a third party send Endocare a comment, message or other communication (such as, by way of example only, emails, letters, facsimiles, phone calls, or voice messages) about you or your activities on the Site, then Endocare may collect any personal or non-personal information provided therein or therewith.

6. USE OF INFORMATION COLLECTED THROUGH THE SITE.

Subject to applicable state and federal laws, Endocare may use your personal and non-personal information in a variety of ways, including the following:

To fulfill your requests
To administer your account with the Site
To provide you with access to particular tools, services and features
To send you appropriate communications, including administrative emails, and answers to your questions
To display content according to your preferences
To better tailor your experience with the Site
To provide you with information about Endocare, third-party businesses, products and services
To improve the Site’s content and features
To improve Endocare’s products and services
To analyze traffic to the Site
To analyze user behavior and activity on the Site
To conduct research and measurement activities
To monitor the activities of you and others on the Site
To protect Endocare’s rights and properties
To protect the rights and properties of others (which may include you)

Endocare reserves the right to use your personal and non-personal information when required by applicable law, court order, or other governmental authority (including, without limitation and by way of example only, in response to a subpoena), or when Endocare believes in good faith that such use is necessary or advisable (including, without limitation and by way of example only, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights, obligations, or properties of Endocare, a user of the Site [which may include you], or anyone else who may be harmed by such activities).

7. SHARING OF INFORMATION COLLECTED THROUGH THE SITE.

Unless you otherwise consent, Endocare will not share your personal information with any persons or entities besides the following:

Endocare’s privacy administrator(s)
Endocare’s other officers, directors, employees and agents
Endocare’s legal and financial advisors
Endocare’s parent, subsidiary, and affiliated companies
Endocare’s successors

Third parties who manage certain aspects of the Site and/or the Site’s features, products or services (including, without limitation and by way of example only, web hosting company(s), patient support service company(s) and other support services company(s)).
Notwithstanding the foregoing, Endocare reserves the right to share your personal information when required by applicable law, court order, or other governmental authority (including, without limitation and by way of example only, in response to a subpoena), or when Endocare believes in good faith that such sharing is necessary or advisable (including, without limitation and by way of example only, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights, obligations, or properties of Endocare, a user of the Site [which may include you], or anyone else who may be harmed by such activities).

Endocare does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, Endocare may freely share non-personal information with its affiliates, suppliers, employees, and agents, as well as with other individuals, businesses, and government entities.

8. THIRD PARTY ADVERTISEMENTS, WEBSITES, AND PLATFORMS.

Endocare may permit advertisements to be placed on the Site by various third parties. Except as expressly stated in this Policy, Endocare does not permit these third parties to collect any of your personal information. However, these third parties may use cookies, web beacons and/or other tracking, data aggregation or data analysis technologies. To the fullest extent permitted by law, Endocare is not responsible for, and you hereby release Endocare from any liability which may arise from, such third parties’ use of any such technologies.

Further, the Site and/or email messages sent through or as a function of the Site may contain links to the websites and platforms of various third parties. To the fullest extent permitted by law, Endocare is not responsible for, and you hereby release Endocare from any liability which may arise from, such third party websites and platforms (including, without limitation, the privacy policies and practices of such third party websites and platforms).

9. SECURITY.

Endocare is committed to maintaining the security of your personal information, and has measures in place to help protect against the unauthorized disclosure, loss, misuse, or alteration of such information under our control.

REGARDLESS OF THE FOREGOING, PLEASE OBSERVE THAT “PERFECT” OR “100%” SECURITY DOES NOT EXIST ON THE INTERNET. THEREFORE, YOUR ACCESS AND USE OF THE SITE, AND YOUR OPENING OF ANY EMAILS SENT THROUGH OR AS A FUNCTION OF THE SITE, ARE DONE AT YOUR OWN RISK.

To help maintain the security of your personal information, Endocare asks that you please notify it immediately of any unauthorized access or use of the Site, its features, or its content.

10. ONLINE TRACKING

The Site and Endocare do not respond to “Do Not Track” signals.

11. YOUR CALIFORNIA PRIVACY RIGHTS.

Pursuant to Section 1798.83 of the California Civil Code, if you are a resident of the State of California and Endocare has an established business relationship with you, then you have the right to request the following: (a) information from Endocare free of charge regarding the manner in which Endocare shares certain personal information collected through the Site with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of Endocare’s sharing of such information with such third parties. Please submit these requests to any one of the following:

By email: info@endocare.com

By mail: Endocare, Inc., Attn: Chief Privacy Officer, 9825 Spectrum Drive, Building 3, Austin, Texas 78717

Each such request must be labeled “Your California Privacy Rights” on the email or letter subject line. For each such request, please clearly state the nature of your request; that the request is related to “Your California Privacy Rights”; your name, street address, city, state, zip code and email address; and whether you prefer to receive a response to your request by email or postal mail. Endocare will not accept any such requests via telephone or facsimile. Endocare is not responsible for any requests which are incomplete, incorrectly labeled, or incorrectly sent.

12. MODIFICATIONS OF THIS POLICY.
ENDOCARE MAY SUPPLEMENT, AMEND OR OTHERWISE MODIFY THIS POLICY AT ANY TIME WITHOUT NOTICE TO YOU. SUCH SUPPLEMENTS, AMENDMENTS AND OTHER MODIFICATIONS WILL BE POSTED ON THIS OR A SIMILAR PAGE OF THE SITE, AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE DATE. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS POLICY EACH TIME YOU ACCESS OR USE THE SITE.

IF YOU REGISTER WITH THE SITE, THEN ENDOCARE WILL NOTIFY YOU BY EMAIL (SENT TO THE EMAIL ADDRESS THAT YOU SPECIFY WHEN YOU REGISTER WITH THE SITE) ABOUT ANY SUCH SUPPLEMENTS, AMENDMENTS AND OTHER MODIFICATIONS WHICH ENDOCARE DETERMINES TO BE MATERIAL IN NATURE.

AGAIN, BY ACCESSING OR USING THE SITE, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE MOST-RECENT VERSION OF THE SITE’S TERMS OF USE, AND YOUR CONTINUING ACCESS OR USE OF THE SITE REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

13. SEVERABILITY.

If any term or condition of this Policy is deemed invalid or unenforceable by a court of law with binding authority (or, as applicable, an arbitrator or arbitration panel with binding authority), then the remaining terms and conditions shall not be affected, and the court (or, as applicable, the arbitrator or arbitration panel) shall reform the invalidated or unenforceable term or condition to the maximum extent possible so as to affect the intent of the parties hereto.

14. CONTACT US.

Please direct any questions or comments you may have about this Policy to any one of the following:

By email:​ info@endocare.com

By mail:​ Endocare, Inc., Attn: Chief Privacy Officer, 9825 Spectrum Drive, Building 3, Austin, Texas 78717

By phone: ​1-888-252-6575

The foregoing contact information may change from time-to-time by supplementation, amendment or modification of this Policy.

15. EFFECTIVE DATE.

The effective date of this Policy is March 15, 2018.