Privacy Policy

1. Introduction

This privacy policy (the “Policy”) is designed to inform our customers, subscribers, users of our website (https://www.magnusmedical.com/) (the “Site”), and other individuals from whom we collect personal information, about how Magnus Medical, Inc. (“Magnus,” “we,” or “us”) collects, uses, and/or shares personal information in connection with the services that we provide. Magnus takes individual privacy seriously and we endeavor to inform you of the uses that we have for information that we obtain from you (collectively, “Personal Information”). We will take reasonable commercial steps to protect your privacy consistent with the guidelines set forth in this Policy and with applicable federal and state laws. In this Policy, “user,” “your,” or “you” refers to any individual from whom we obtain Personal Information, whether by browsing our Site, submitting any request through our Site, creating any account with our Site, or participating in any other activities or accessing services through us. As the manners in which we obtain Personal Information and our uses for Personal Information may change, we encourage you to return to and reread this Policy from time to time. By accessing or using our Site, you acknowledge that you have read, understand, and agree to be bound by this Policy. If you do not agree to the terms of this Policy, do not use our Site.

2. What Information Do We Collect?

We may collect two types of Personal Information from you: (i) Individualized Information, and (ii) Device Information:

2.1 Individualized Information

We may collect certain Individualized Information from you when you use our Site; submit any request for information or content, press or media inquiry, or job application to us (including through our Site); purchase any product or service from us or request that we provide any product or service; or otherwise interact or engage with Magnus. Depending on the circumstances, this “Individualized Information” may include: your first and last name, age, email address, telephone number, postal address, education or work history or background, medical history, insurance provider, or other information related to your individual interest in or need for Magnus’s services. If we obtain your Individualized Information from other sources, we may add it to the Individualized Information that we have already collected from you in order to improve our products, services, and/or our Site.

2.2 Device Information

We may collect certain web tracking information about the device that you use to connect to and browse our Site. Depending on the circumstances, this “Device Information” may include, but is not limited to: information about your web browser (e.g., browser type, domain names, access times, and operating system); Internet protocol address (“IP address“); individual web pages or products that you have viewed; web pages or search terms that referred you to our Site; how you interact with our Site; the time zone in which you are located; or information about the cookies installed on your device. We may engage third-party contractors such as HubSpot, Salesforce, or Google Analytics to help us collect your Device Information. As described in this Policy, we may also occasionally use cookies and navigational data like Uniform Resource Locators (“URLs”) to help us collect the date and time of your visit, the information for which you searched and you viewed, and other Device Information. To the extent we collect information that identifies or relates to your health condition, treatment interest, provider search, insurance information, or similar health-related inferences, we treat that information as sensitive where required by applicable law.

3. Cookies

3.1 What are Cookies?

A cookie is a small file containing a string of characters that is sent to your browser when you visit a website.  When you visit the website again, the cookie allows the website to recognize your browser.  Cookies also may store user preferences and other information.  Cookies offer a form of convenience in that they save the user time by allowing the website to identify preferences that the user has displayed or selected in the past.

3.2 Why Does Magnus Medical Use Cookies?

Magnus may use these technologies for the following purposes: (1) to provide Site functionality and security; (2) to remember user preferences; (3) to measure and improve Site performance; and (4) where permitted by law and subject to any required consent, to understand how users interact with our Site and the effectiveness of our outreach.

3.3 How Can You Control Cookies?

You can decide whether to accept, block, or reject cookies. You can generally select to accept, block, or reject cookies through your own browser controls, and you should visit your browser’s help menu for instructions on how to do so and additional information. Magnus is not responsible for making this selection for you. If you choose to reject cookies, you may still use our Site, but your access to some functionality and areas of our Site may be restricted.

We will not deploy non-essential cookies or similar technologies used for analytics, advertising, cross-context behavioral advertising, session replay, chat recording, or similar monitoring until we have provided any notice and obtained any consent required by applicable law. You may manage your preferences through our cookie or privacy settings, where available, and through your browser settings.

Where required by applicable law, Magnus also honors valid browser-based opt-out preference signals, including Global Privacy Control, with respect to personal information processed for targeted advertising or that is sold or shared. If you disable certain technologies, some parts of the Site may not function properly.

For more information on how cookies work and how to control them, you may visit www.allaboutcookies.org.

3.4 Global Privacy Control

You can use the Global Privacy Control (“GPC”) through a supported browser to signal certain of your opt-out preferences. You may opt out of the processing of your Personal Information for purposes of targeted advertising or certain sales of your personal information by broadcasting the Global Privacy Control signal through a supported browser. If you use the GPC, we will process your request for your browser, but it will not apply outside of that browser to your device. You will need to use the GPC for each browser you use to access the website If you clear your cookies in your browser after using the GPC, you will need to use the GPC again for us to process your opt out for that browser

4. How Do We Use Your Information?

4.1 Use of Personal Information

We may use Personal Information for a variety of purposes including, but not limited to: providing or communicating with you regarding our products and services (including tailoring information for you or responding to any inquiry or purchase order you have initiated); establishing and maintaining customer accounts; providing customer service and updates regarding our products and services; processing orders and transactions (including payments); verifying customer information; detecting security incidents that may compromise the confidentiality of Personal Information in our possession; maintaining or improving the quality or safety of our products or services; processing job applications; or enforcing our legal rights or as required by applicable law or requested by any judicial process or government agency.

4.2 Use of Device Information

We may use Device Information to help maintain and secure the Site; detect, prevent, and investigate fraud and other security incidents; debug, identify, and repair errors; perform analytics regarding Site usage; improve and optimize the Site and our services; and, where permitted by applicable law and subject to any required consent, measure the performance of our communications and outreach. We do not use the contents of form submissions, chat communications, or similar communications for advertising or cross-context behavioral advertising without any notice and consent required by applicable law.

4.3 Minimum Amount Necessary

Magnus (including our individual staff members) will not use your Personal Information beyond the minimum amount and scope necessary to achieve the above purposes without first obtaining your consent.

4.4 Aggregated Data

To the extent permitted under applicable law, we may also create statistical, de-identified, anonymized, or aggregated data (collectively, “Aggregated Data”) relating to our users and our Site to use for analytical, research, or any other legal purposes.  Aggregated Data includes data derived from Personal Information and data collected by Magnus from other sources that has been anonymized so that it does not relate to and could not reasonably be used to identify any individual.

4.5 Communications

If you provide us with your email address or phone number, we may in the future begin to send you administrative or promotional emails or SMS messages, including newsletters, updates regarding our products and services, or customer support.  If you wish to opt out of any such emails, you may do so by following the “unsubscribe” instructions in the email. If you wish to opt out of SMS, you can reply “STOP” to any message at any time and if you need help, you can reply “HELP”. Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the text message services.

5. What Information Do We Share or Disclose?

5.1 Disclosure of Personal Information

We generally will not share or disclose Personal Information with any third-parties, except in accordance with applicable law under the following circumstances:

• 5.1.1. When you have consented to us sharing or disclosing your Personal Information. In particular, if you are interested in receiving SAINT neuromodulation therapy services or any of our other services and voluntarily submit your Personal Information to us through an online form (or otherwise) which includes an acknowledgement that we may disclose your Personal Information to healthcare providers in your geographic area who offer these services so that they may contact you for the purpose of scheduling a consultation, we will disclose your Personal Information in this manner.
• 5.1.2. When the Personal Information is shared with or disclosed to a parent company, subsidiary, joint venture, or other entity under common control with us in order to achieve any of the purposes described in Section 4.
• 5.1.3. Subject to the terms of a confidentiality agreement, in connection with, and for the purposes of, a business deal (or negotiation of a business deal) involving the sale or transfer of all or a part of our business or assets.  These deals may include any merger, financing, acquisition, or bankruptcy proceeding.
• 5.1.4. With third-party service providers, contractors engaged to provide management, administrative, data collection, marketing, or other support services, and other processors that perform services on our behalf (“Contractor”), which require the Contractor to have access to Personal Information (including as described in Section 2.2).   We do not authorize Contractors to use Personal Information collected through our Site for their own independent advertising or profiling purposes except as disclosed to you and, where required by law, subject to your consent or opt-out rights. To the extent any Contractor may receive information regarding your interactions with our Site through cookies, pixels, analytics tools, session replay tools, chat tools, or similar technologies, we will provide any required notice and obtain any required consent before such technology is activated, where required by applicable law. By accessing or using our Site, you consent to our sharing your Personal Information with any Contractors and to the Contractors’ use of your Personal Information in accordance with all applicable law, this Policy, and the other terms and conditions applicable to our Site.
• 5.1.5. To detect, prevent, or otherwise address security, fraud, or technical issues.
• 5.1.6. To ensure the personal safety of any individual, including our staff members or job applicants, Site users, or members of the general public.
• 5.1.7. To the extent required to comply with legal obligations, processes, or requests; enforce our policies, contracts, and agreements (including this Policy); or protect or defend our legal rights.
• 5.1.8. We do not sell Personal Information for money. However, some privacy laws broadly define “sale,” “share,” and “targeted advertising” to include certain disclosures involving cookies, pixels, analytics, or advertising technologies. To the extent our practices are deemed a “sale,” “sharing,” or processing for “targeted advertising” under applicable law, you may exercise your applicable opt-out rights as described in this Policy.

5.2 Aggregated Data

To the extent permitted by applicable law, we may in our sole discretion disclose any Aggregated Data that does not contain Personal Information to any third-parties for any legal purpose.

5.3 Network Operators

Use of our Site may involve the use of third-party search engine operators or telecommunications carriers.  These operators are not our Contractors, and any information that these operators collect in connection with your use of our Site is not a part of our collected Personal Information and is not subject to this Policy.  We are not responsible for the acts or omissions of these operators.

6. Your Rights Regarding Your Information

6.1 U.S. Privacy Rights

Depending on your state of residence and subject to applicable exceptions, you may have the right to:

• confirm whether we process your Personal Information;
• access or know the Personal Information we have collected about you;
• correct inaccurate Personal Information;
• delete Personal Information;
• obtain a copy of certain Personal Information in a portable format;
• opt out of the sale or sharing of Personal Information, targeted advertising, or certain profiling in furtherance of decisions that produce legal or similarly significant effects; and
• limit certain uses or disclosures of sensitive personal information where applicable law provides that right

6.2 Privacy Settings / Right to Remove

If you would like your Personal Information to be permanently removed from our database, please complete the form on our Data Privacy Request page. We may ask you to provide a copy of your driver’s license or other identifying documents to assist us in processing your request.  Users who have requested that their Personal Information be permanently removed may still be contacted by Magnus for administrative purposes.  The removal of your Personal Information may take some time to complete and may be subject to certain restrictions, consistent with applicable law.  Please also note that the removal of any Personal Information will not necessarily result in the removal of records of past transactions or the deletion of information stored in our data archives.  Aggregated Data is not subject to requests for removal.

6.3 Access / Updates

Magnus will, to the best of our ability and in accordance with applicable law, allow you to access, review, correct, or add to your Personal Information held in our database.  To make any such request, please contact us by email at privacy@magnusmedical.com or filling out this form.  We will make our best efforts to process your request promptly once we receive it.  Please note that we may ask you certain follow-up questions prior to processing your request in order to confirm your identity and the specific Personal Information that is the subject of your request, in accordance with applicable law.

We will not discriminate against you for exercising any privacy rights granted by applicable law.

7. Additional Policies

7.1 Security

To the extent required by applicable law, Magnus will utilize appropriate, commercially reasonable physical, electronic, and managerial procedures and security precautions to protect Personal Information against unauthorized access, deletion, loss, alteration, or misuse.  However, no Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur.  We are not responsible for the actions of hackers and other unauthorized third-parties that breach our reasonable security procedures.  Additionally, to the extent that your use of our Site requires you to create an account and password, you are solely responsible for maintaining the secrecy of this login information.  This Policy is not intended to confer, nor does it confer, any rights or remedies to users.

7.2 Third-Party Activity

Our Site may contain links to other websites, cookies, or other materials from, or which may be operated by, third-party entities.  The information practices and privacy policies of these third-party entities may be different than those of Magnus.  We are not responsible for any actions or omissions by any such third-party entities.  This Policy applies only to Personal Information collected by Magnus.

7.3 Data Retention

Unless you ask us to delete your Personal Information sooner, we will maintain it until such time that we determine, in our sole discretion, that (1) it is no longer necessary for any purpose for which Magnus may use it in accordance with this Policy; and (2) it may be destroyed or deleted in accordance with applicable law.

7.4 Do Not Track

We do not respond to Do Not Track (DNT) signals or requests.  DNT is a web browser setting that informs a website that you do not want to be tracked.

7.5 Accessibility

Any person with a disability that prevents or restricts them from accessing this Policy through Magnus’s website may request a copy in an alternative format by contacting us by email at privacy@magnusmedical.com.

7.6 Children

Magnus does not knowingly collect or maintain Personal Information from persons under 16 years of age, and no part of our Site is directed at persons under 16.  Please do not use our Site if you are under 16.  If Magnus learns that Personal Information of persons under 16 has been collected without verifiable parental consent, Magnus will delete the Personal Information.

7.7 Website Visitors from Outside the United States

Magnus and its servers are located and operate in the United States, subject to the applicable state and federal laws of the United States.  Those who choose to access our Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations.  We may limit our Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.  We do not represent or warrant that our Site, or any part thereof, is appropriate or available for use in any other jurisdiction.  If you choose to access or use our Site, you consent to the use and disclosure of information in accordance with this Policy and subject to all applicable laws.

7.8 Sensitive Information and Consumer Health Data

To the extent we collect Personal Information that is considered sensitive under applicable law, including health-related information or information that may reveal an individual’s health condition, diagnosis, treatment interest, insurance information, or similar consumer health data, we process such information only for the purposes disclosed in this Policy, subject to any consent, necessity, limitation, or other requirements imposed by applicable law.

7.9 Amendments

Magnus will review this Policy from time to time and may modify or amend it as necessary to comply with applicable law.  We may also update the Policy to reflect changes to our practices or for other operational reasons.  If we make any material changes to how Personal Information is collected, used, disclosed, or transferred, we will notify you of these changes by modifying the version of this Policy that is available for your review on our Site.  Accordingly, we encourage you to review this Policy from time to time.  Notwithstanding any modifications we may make, all Personal Information will be treated in accordance with the version of the Policy that is/was in effect at the time the Personal Information was collected, unless we obtain your consent otherwise.

8. Notice for Residents of European Economic Area, United Kingdom, or Switzerland

8.1 No Marketing to Such Residents

We do not market our services to residents of Europe, the United Kingdom (UK), or Switzerland, and are not subject to Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of Personal Information and free movement of Personal Information, known as the General Data Protection Regulation (“GDPR”), or the corresponding laws of the UK and Switzerland.  If you reside in the European Economic Area (“EEA”), UK, or Switzerland, please be aware that if you voluntarily provide us with any Personal Information, that information will be transferred from your location to data centers located in the United States for processing, and this transfer will be deemed to have been made with your consent.

8.2 Rights Honored

Although we are not subject to the GDPR, we will generally make commercially reasonable efforts to honor your data privacy rights upon request, subject to certain limitations.  If you reside in the EEA, UK, or Switzerland, you have the rights, as applicable under the GDPR, to:

• 8.2.1. Request an accounting of Personal Information that we possess that pertains to you in an electronically portable format. 
• 8.2.2. Request that we correct or update Personal Information that pertains to you.
• 8.2.3. Request that we delete Personal Information that pertains to you.
• 8.2.4. Fully or partially withdraw your consent to the collection, processing, and/or transfer of your Personal Information.

8.3 Requests and Complaints

Please contact us by email at privacy@magnusmedical.com or fill out this form to request an accounting of your Personal Information, a correction or update to your Personal Information, deletion of your Personal Information, or to withdraw your consent to the collection, processing, and/or transfer of your Personal Information.  We will make our best efforts to process your request promptly once we receive it unless there are legitimate grounds for further processing the Personal Information that override your interests, rights, and freedoms, or unless we further process the Personal Information only for the establishment, exercise, or defense of legal claims.  If you believe we are unlawfully possessing, using, or disclosing your Personal Information, you have the right to complain to your local data protection supervisory authority.  You can find contact details here: https://edpb.europa.eu/about-edpb/board/members_en.

9. Contact

Please contact us by email at privacy@magnusmedical.com in the event you have any questions for us, wish to submit a complaint about how we have processed any Personal Information, or would like to contact us for any other reasons.  We will deal with any complaints or requests as soon as possible, and without prejudice to you.  In the event that you submit a complaint to us, you may of course also file any complaint with a relevant government agency in the state or jurisdiction in which you live or work.