TERMS OF USE AND PRIVACY POLICIES

TRIMEDX Holdings, LLC (“TRIMEDX”) and its affiliates provide this website (the “Website”) to offer information about TRIMEDX’s clinical asset management programs for the healthcare industry and for general information purposes. By utilizing the Website, you agree to these “Terms of Use” and the embedded Privacy Policies, so you should review them carefully. These Terms of Use and the Privacy Policies may be changed from time to time, without notice except for posting to the Website, at TRIMEDX’S sole discretion. Please check these Terms of Use and the Privacy Policies for any such changes. Your continued access of the Website shall constitute acceptance of any modified Terms of Use or Privacy Policies. If you do not agree with these Terms of Use or Privacy Policies, you must not use the Website. TRIMEDX has the right to determine whether there has been a violation of the Terms of Use and has the right to determine the action that will be taken in response to a violation, including, but not limited to, legal proceedings.

1. Information Disclaimer

The information contained on, or accessible through, the Website is provided by TRIMEDX on an “as-is” basis. TRIMEDX disclaims any warranty or representation, express or implied, statutory or otherwise, about its accuracy, reliability, completeness, or appropriateness for a particular purpose, to the fullest extent permitted by law. You assume full responsibility for using and verifying the information on the Website, you utilize the Website at your own risk, and you understand and agree that TRIMEDX is not liable for any claim, loss, or damage resulting from use of or inability to use the Website.

The views and opinions expressed in media available on the Website are those of the speakers or authors and do not necessarily reflect TRIMEDX’s views or opinions.

2. Use of The Website

The information on the Website is offered solely for general information purposes. The Website may be used only for lawful purposes.

Please complete the contact page to request additional information and/or to be contacted by a member of the TRIMEDX team.

3. Links to Third Party Sites

Some hyperlinks in the Website may take you outside of the Website or link to articles, videos, other third-party media (“Linked Sites”), or to social media platforms such as LinkedIn or Facebook (“Social Media”). The presence of a hyperlink to another website does not indicate any endorsement or approval of goods or services offered by the company or through the linked website. The Linked Sites and Social Media are not under TRIMEDX’s control. TRIMEDX is not responsible for the content on Linked Sites or Social Media, any hyperlinks contained in Linked Sites or Social Media, any changes or updates to such Linked Sites or Social Media, of the privacy practices of such Linked Sites or Social Media.

These Terms of Use and Privacy Policies do not apply to such third-party websites. Please note accessing Linked Sites or Social Media may enable data collection and sharing based on the applicable third-party policies. TRIMEDX encourages you to read such applicable policies. TRIMEDX may gain access to information made available via such Linked Sites or Social Media. You are responsible for restricting access to information via Linked Sites and Social Media using the available controls on such third-party platforms.

4. Intellectual Property Rights

All rights, title, and interests in and to any intellectual property published on the Website, and any documentation downloaded or printed from the Website, are owned by TRIMEDX and no rights are licensed or otherwise transferred by such publication or your access thereto. All rights in content, trademarks, service marks, logos, and otherwise are reserved to TRIMEDX. Your use of such items for any reason without TRIMEDX written permission is strictly prohibited.

If you, on the other hand, believe your copyright has been infringed by a publication through the Website, please visit TRIMEDX’s Copyright Notice Page.

5. DISCLAIMER

TRIMEDX DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHERWISE SAFE FOR USE. THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY WEBSITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES, AND ANY LINKED SITES AND SOCIAL MEDIA.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you if you reside in such jurisdiction.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIMEDX OR ITS AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THE WEBSITE.

7. Legal Notices

Notices to TRIMEDX should be sent to:

TRIMEDX Holdings, LLC
Attn: General Counsel, Chief Compliance Officer
5451 Lakeview Parkway South Drive
Indianapolis, Indiana 46268

8. Legal Jurisdiction

The laws of the State of Indiana shall govern your use of the Website and apply to all proceedings related to the Website and these Terms of Use and Privacy Policies. You hereby agree to submit to the personal jurisdiction of the state and federal courts for or located in Indianapolis, Indiana. You irrevocably waive any defenses to such personal jurisdiction including forum non-conviens.

Privacy Policies

The Website and TRIMEDX offerings are currently targeted only at persons in those jurisdictions in which TRIMEDX operates including the United States and Cayman Islands, but not currently including any “Member States” of the European Union. TRIMEDX does not seek “Personal Data” subject to the General Data Protection Regulation.

The Website, excluding unaffiliated hyperlinked sites, is controlled by TRIMEDX, which is located in the United States. If you are using the Website when outside the United States of America, your information will be transferred to, stored, and processed in the United States. The privacy laws of the United States may not be as protective as those in other jurisdictions. By using the Website, you acknowledge that TRIMEDX collects and processes your data as described in these Terms of Use and Privacy Policies. TRIMEDX collects and uses information as reasonably necessary to fulfill your requests for services, to operate its business, and to comply with law. You acknowledge that these are acceptable reasons to collect and process your data. You also consent to the transfer of your information to the United States and the use and disclosure of your information as described in these Privacy Policies. If you want TRIMEDX to correct, delete, or no longer process your data, please contact us as describe in the “Contact Us” section below. You understand and agree that a request for us to delete or no longer process your data means that you can no longer use the Website, as it is necessary for us to process your data to provide the services and access the Website.

The following provisions apply to information TRIMEDX collects through use of the Website (“Privacy Policies”). TRIMEDX’s use, disclosure, processing and storage of information collected, gathered or obtained through the Website is subject to the Privacy Policies in effect at the time of such use, disclosure, processing and storage.

What Information TRIMEDX Collects

TRIMEDX collects and stores any information you enter on the Website or provide in any other manner, which may include when you:

Complete the online forms to create an account;
Otherwise transmit or upload information to the Website;
Contact us using online forms or email, or other means of communication; or
Request information or assistance through the Website.

The personal information you provide to TRIMEDX may include:

your name;
username and password;
e-mail address;
address;
telephone number;
date of birth; and
any other personal information that you include in a user profile or in other submissions to TRIMEDX.

You can choose not to provide personal information to TRIMEDX; however, without certain information TRIMEDX may be unable to provide you with certain assistance, products or services.

TRIMEDX also collects and stores certain types of information automatically whenever you visit the Website itself or through service provides that act on its behalf. In addition to information you provide, TRIMEDX may collect:

Data about your access to the Website, such as the domain name and host from which you access the internet;
Data about the computer or device you are using to access the Website, such as the IP address and type of computer or device you are using;
Technical information about your computer or device, such as the browser, internet service provider and operating system you are using;
Website analytical data, such as the date and time you access the Website; the number of people visiting the Website, what pages were visited and for how long, or similar information; and
Data on the links you click, and the other websites that you visited before and after visiting the Website.

This information is generally not considered personally identifiably unless it is combined with contact information, account information, or other information that is unique to you. TRIMEDX only combines automatically collected data with identification data if:

It is necessary to provide services you have requested;
It is necessary to complete a task you have asked us to perform;
In order to operate its business, including to troubleshoot problems with the Website, or exercise its legal rights;
It is necessary to comply with our legal obligations; or
TRIMEDX has informed you that automatically collected data will be combined with identifying data (for example, if you fill out a form that tells you identification information provided will be matched with automatically collected data).

How TRIMEDX Uses Information

TRIMEDX uses the information you provide, separately or in combination with pre-existing information, for the following purposes:

To provide quality products, services and functionalities to you or respond to your requests for information – TRIMEDX may use the information you provide to provide the products, services, functionalities or information you have requested and to improve upon TRIMEDX’s products, services, and functionalities;
To administer and improve the Website and conduct TRIMEDX’s business operations – TRIMEDX may use the information you provide to provide you with information about TRIMEDX or the Website, to ensure functionality of the Website, to understand how users as a group utilize and interact with the services, information and resources provided on the Website, and to develop, test and improve the Website;
To verify your identity – TRIMEDX may use the information to confirm that you are who you say you are;
To improve customer service and provide technical or account support – TRIMEDX may use information you provide to respond to customer service or technical support requests;
For purposes specified at the time of collection – TRIMEDX may use information you provide for other purposes that are specified at the time the information is collected;
For any purpose with you express consent; or
As otherwise required or permitted by law – There may be times when the law permits or requires TRIMEDX to use information for other purposes, such as to cooperate with government authorities, enforce TRIMEDX’s legal rights, or to meet its legal obligations and requirements.

TRIMEDX also uses the information that you provide communicate with you through our outreach activities and initiatives, including through the use of trusted third-party partners. TRIMEDX’s outreach may be for marketing or advertising purposes via e-mail, phone, or other mediums related to white papers, case studies, webinars, events, or otherwise. Such outreach will comply with applicable laws, rules, and regulations including CAN-SPAM and you should look for compliant markings and functions within such communications.

By submitting information, ideas, or otherwise to the Website, you grant to TRIMEDX the unrestricted and irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media, and waive any moral rights you may have in such content. TRIMEDX shall be free to use any such ideas, concepts, or otherwise submitted to the Website without liability to you.

How Information Can Be Removed, Accessed or Corrected

TRIMEDX stores personal information until:

It no longer needs the information for the purpose(s) it was collected;
All legal requirements related to the data, including legal retention periods, have been fulfilled;
TRIMEDX complies with your request to delete the data.

If TRIMEDX requires the data to provide you with products or services, to detect or resolve issues with security or functionality-related issues, to safeguard the right to free speech, to carry out actions for internal business purposes as you would reasonably expect, or to comply with law, TRIMEDX may not be able to delete the data even if you ask it to.

TRIMEDX makes every reasonable effort to disclose what personal information it collects, uses, and discloses, and to provide you with access to your personal information if you request such access in writing as described in the “Contact Us” section below. TRIMEDX will endeavor to timely respond to an individual’s request for information and will indicate whether the individual is entitled to access the information. If access is refused, TRIMEDX will provide reasons for the refusal, the name of the person who can answer questions about the request and advise of the right to have the decision reviewed by the applicable authority.

TRIMEDX uses commercially reasonable efforts to ensure that personal information in its possession is accurate and complete. If you are aware of an error in personal information about you that is under TRIMEDX’s control, please let contact us as described in the “Contact Us” section below and we will correct it on request whenever possible.

We may take reasonable steps to verify your identity before deleting, granting access or making corrections to information, such as confirming pieces of identifiable information with you already in TRIMEDX’s possession. These rights may also be exercised on your behalf by an authorized agent.

TRIMEDX will not discriminate against you for exercising the rights you have with respect to your information.

Cookies, Identifiers, Analytics and Other Tracking

The Website uses cookies, identifiers, or other tracking capabilities to enhance or improve user experience and collect information for purposes of analytics.

Cookies are small data files that are sent to your browser and placed on your computer’s hard drive when you visit a website. The information a cookie contains is set by a website’s server and can be used when the user visits or returns to the website. Cookies are designed to remember things that a user has done while on a website in the past. The use of cookies allows TRIMEDX to measure site activity. You may be able to adjust your browser settings to block cookies or to notify you before a cookie is set. Please refer to your browser Help instructions to learn more about cookies and how to manage their use. Portions of the Website may require cookies to work properly. If you block cookies, certain functionalities of the Website may not be available to you.

Identifiers may uniquely identify your device and allow a party to recognize you and your device when you return to the Website. An identifier can help the Website remember you between visits. While you can set your device to refuse cookies, or to alert you when cookies are being sent, it is not possible to refuse certain identifiers as they may be necessary for the Website to function properly or may be required as part of certain analytics gathering.

TRIMEDX uses Google Analytics, which uses the identifiers to analyze traffic on the Website. For instance, TRIMEDX can tell Google Analytics tells us how many people have used the Website, how they move through the Website, and how long they spend on each area of the Website. TRIMEDX typically does not connect this analytical information with identifiable information like name or phone number, although the analytics may associate information with a geographic location or device identifier and TRIMEDX may work with you to determine which identifier is tied to you, but TRIMEDX only typically takes such steps upon your request and in connection with its compliance with this Privacy Policy.

You agree that your anonymized information may be used by TRIMEDX to perform services or run its business. TRIMEDX will not re-identify anonymized data.

How TRIMEDX Protects Information

TRIMEDX is committed to protecting personal information that is available through the Website in accordance with these Privacy Policies. TRIMEDX uses reasonable data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on the Website. Safeguards include physical, technical and administrative procedures that are intended to limit access to personal data only to those who need that access to perform legitimate functions. TRIMEDX reviews its safeguards regularly to evaluate how they are working, and to determine if safeguards need to be added or changed.

However, even with all safeguards, transmission of information through the internet is not always secure and sometimes safeguards can be defeated. While TRIMEDX seeks to protect your information, it cannot guarantee the security of the Website or any personal information you provide through the Website, and therefore all information transferred will be at your own risk.

You are also responsible for protecting against unauthorized access to your account on the Website. TRIMEDX recommends that you use strong password security, by using a mix of letters, numbers and symbols, and a different password for your TRIMEDX account than you use for any other accounts that you may have. Keep your account information password confidential and do not share it with anyone. TRIMEDX is not responsible for any lost, stolen or compromised passwords or for any access to your TRIMEDX account from unauthorized users where caused by you. If you think your account has been compromised, please contact us as soon as you can as described in the “Contact Us” section below.

How TRIMEDX Shares Information

TRIMEDX does not sell, trade, or rent your personal identification information to others. TRIMEDX may share information about visitors to the Website:

With its business partners and trusted affiliates to help provide the services products and services to you;
With third party service providers that help TRIMEDX operate its business and the Website or that administer activities on TRIMEDX’s behalf, such as sending out newsletters or surveys, if you have agreed to receive them;
With companies that provide services to TRIMEDX, such as website hosting services or credit card processing services;
With companies that are disclosed to you at the time you provide the information;
With a prospective seller or buyer in the event of a sale or purchase of any TRIMEDX business or asset so that the buyer can continue to provide you with information and services. Your personal information may be transferred to the other party as part of such transaction in accordance with applicable law;
With your express consent; or
As permitted or required by law, including to comply with its legal, regulatory, industry, self-regulatory, insurance, audit, and security requirements; for example, to comply with a court order or subpoena, or to prevent or investigate a crime or fraud. TRIMEDX may share information if necessary, to enforce these Terms of Use and Privacy Policies related to the Website. TRIMEDX reserves the right to disclose your personal information, with or without providing notice to you, based on a good faith belief that such action is necessary or appropriate to (i) prevent or mitigate harmful or unlawful activities, (ii) protect and defend its rights or property; and (iii) act in urgent circumstances to protect the safety or security of the public or of users of TRIMEDX products, services and/or the Website.

TRIMEDX only provides third parties with the personal information required to provide the service requested of them or to perform the designated function requiring the information They enter into an agreement with TRIMEDX prior to receiving such information that prohibits them from using the information for any other purpose.

TRIMEDX may aggregate data about visitors to the Website in a non-identifiable manner and use it for a variety of purposes. For example, TRIMEDX may aggregate data for product development and improvement activities, and you grant TRIMEDX the right to use such data in this manner as well as the other manners set forth above.

Upon your request, submitted to info@trimedx.com, TRIMEDX will advise you of any categories of personal information that it discloses to third parties, and (to the extent it knows) whether those third parties use that information for their direct marketing purposes. If TRIMEDX provides your personal information to a third party, it does not allow that third party to use that information for marketing their services, unless you have consented to that use.

Protecting Children’s Privacy

The Website is intended to be used by individuals over the age of 13. TRIMEDX does not knowingly collect personal information from children under 13 years of age. If TRIMEDX becomes aware that it has collected personal information from a child under 13 years of age, it will promptly remove such information. If you believe TRIMEDX has collected information from your child, please notify us through “Contact Us.”

Do Not Track Notice

Many internet browsers have “Do Not Track” features which, when turned on, send a signal (the “DNT signal”) to the websites a user visits that indicates the user does not want to be tracked. Because there is not yet a common understanding of how to interpret DNT signals, and there is no common definition of “tracking”, TRIMEDX does not currently respond to DNT signals on the Website. TRIMEDX does not engage in targeted behavioral advertising.

Contact us

If you have any questions about these Terms of Use and Privacy Policies, how your personal information is collected, used and stored, or your interactions with this Website, please contact us at info@trimedx.com

Last updated: September 2020.

© TRIMEDX Holdings, LLC 2020.