Privacy Policy

This Privacy Policy describes the ways in which ReShape Medical, Inc. (“ReShape Medical®,” “our,” “us,” or “we”) collects, uses, and discloses information about you through www.reshapemedical.com, www.ReShapeReady.com, and all other websites, mobile applications, and other online services operated by ReShape Medical that link to this Privacy Policy (collectively, the “Online Services”). By using the Online Services, you consent to the collection, use, and disclosure of your information as set forth in this Privacy Policy, now and as amended by us.

What Information Do We Collect?

Information You Provide – We and our service providers collect any information that you provide, whether manually or through a connected device, when you use the Online Services, including when you:

  • create an account/profile;
  • participate in our community forums and other interactive features;
  • enter and/or upload weight, height, activity information, or dietary information;
  • log personal goals;
  • change preference settings; or
  • otherwise contact us with a question, comment, or request.

The information that you provide us can include, but is not limited to:

  • your name;
  • your photograph;
  • contact information such as your email address and phone number;
  • your city, state, and country of residence;
  • username, password, and other registration information;
  • the date of your procedure;
  • your gender, date of birth, height, and weight;
  • information about your activities, diet, and goals;
  • information you provide when you contact us;
  • information you provide to enable ReShape Medical to access data stored on third-party devices, applications, and/or online services; and
  • any other information you choose to make public on the Online Services (e.g., information you share on our community forums).

Information Automatically Collected From You – We and our service providers may automatically collect certain technical information from your computer or mobile device over time and across different websites when you use the Online Services, such as your Internet Protocol address, your general geographic location, your browser type, your operating system, the pages you view on the Online Services, the pages you view immediately before and after you access the Online Services, and the search terms you enter on the Online Services. This information allows us to recognize you and personalize your experience if you return to the Online Services, and to improve the Online Services and the services we provide. We and our service providers may collect this information using “cookies”—which are small text files that the Online Services save on your computer using your web browser and access when you return—or similar technologies.

How Do We Use This Information?

We may use the information we collect for a number of purposes, including, but not limited to:

  • providing you with products, services, or information you request;
  • tracking the utilization and effectiveness of our product;
  • providing you with reminders, rewards, or other information regarding your use of our product;
  • performing studies and publishing white papers, articles, and other materials (provided that we will not identify you individually in any white papers, articles, or other materials that we publish or otherwise make available to third parties);
  • delivering marketing communications, product updates, promotional materials, or advertisements that may be of interest to you;
  • providing you with information about the Online Services or required notices;
  • customizing your experience when using the Online Services, such as by providing interactive or personalized elements on the Online Services and providing you with content based on your interests;
  • allowing us to improve the Online Services and the products and services we provide, such as by better tailoring our content to our users’ needs and preferences;
  • generating and analyzing statistics about your use of the Online Services; and
  • detecting, preventing, and responding to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of the Online Services.

We also may combine or aggregate any of the information we collect through the Online Services, offline, or elsewhere for any of these purposes.

In addition, we also may use de-identified information for any purpose, including research, studies, and marketing (including marketing to individuals that do not currently use our products).

Under What Circumstances Do We Disclose this Information?

We may disclose the information we collect from you through the Online Services:

  • to our affiliates and subsidiaries;
  • to third parties that provide services to us in connection with our business operations and that have agreed to keep the information confidential;
  • as required by law, such as to comply with a subpoena or other legal process, or to comply with government reporting obligations;
  • with respect to information that you choose to make public on the Online Services, to other members of the Online Services (e.g., making available the information you elect to share on our community forums to other users of the community forums);
  • when we believe in good faith that disclosure is necessary (a) to protect and defend our rights or property and our affiliates, licensors, or licensees; (b) to enforce our applicable service agreements; (c) to protect the integrity of the Online Services, or your safety or the safety of others, or (d) to detect, prevent, or respond to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of the Online Services; and
  • 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 assets.

In addition, we may share de-identified information with third parties for any purpose. For example, we may share de-identified information with treating providers to inform them of how many of their patients use the ReShape Medical web portal located at ReShapeReady.com/dashboard.

The Online Services also may contain links to websites and other online services operated by third parties. This Privacy Policy does not apply to such websites and other online services. You acknowledge and agree that we are not responsible for the collection and use of your information by such third parties that are not under our control. We encourage you to review the privacy policies of each website or other online service that you visit.

Where Is This Information Processed?

Information collected through the Online Services will be processed in and subject to the laws of the United States, which, if you are not located in the United States, may not provide the same level of protection for your personal information as your home country, and may be available to the United States government or its agencies under a lawful order made in the United States. In addition, we may transfer your information outside the United States to our affiliates, business partners, and service providers located in other countries. By using the Online Services, you consent to such transfer to, and processing in, the United States and these other countries.

How Is Your Information Secured?

We have administrative, technical, and physical safeguards designed to safeguard the information collected by the Online Services. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Online Services over networks that we do not control, including the Internet and wireless networks.

Your Choices

You may access and modify certain of your information by logging into your account and updating your profile.

You may manage your email and text message notification preferences by logging into your account and modifying your notification settings.

If you do not want the Online Services to collect information through the use of cookies, you can set your web browser to reject cookies from the Online Services. Each browser is different, so you should check your browser’s “Help” menu to learn how to change your cookie preferences. If you reject or block cookies from the Online Services, however, the Online Services may not function as intended.

We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Policy. Visit the following website, www.allaboutdnt.org, for more information on this developing area.

Children’s Information

The Online Services are not directed to, nor do we knowingly collect information from, children under the age of 13. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us at the contact information listed below.

Changes to this Privacy Policy

If we update this Privacy Policy, we will notify you by posting a new Privacy Policy on this page. If we make any revisions that materially change the ways in which we use or share the information previously collected from you through the Online Services, we will give you the opportunity to consent to such changes before applying them to that information.

Contact Us

If you have any questions about this Privacy Policy or our use of your information collected through the Online Services, please contact us at:

ReShape Medical, Incorporated
100 Calle Iglesia
San Clemente, CA 92672 USA
info@reshapemedical.com
Tel: 1-844-YES-RESHAPE
Fax: 949-429-6684

This Privacy Policy was last updated on January 27, 2015.

Results and patient experience may vary.