Privacy Policy

We collect personal information in relation to providing the Websites. We collect, process, share, and retain information from you and any devices you may use when you access our Websites, provide us information on a web form, update or add contact information, or participate in discussions, chats, or otherwise correspond with us.

The type of personal information we collect depends on your use of the Websites and/or your relationship with us (e.g. whether you are a visitor, a customer, prospective employee, etc.). Examples of the types of information we collect are:

• Operating system type and version, web server type and version, database type and version
• Unique IDs such as a cookie placed on a computer or mobile device, or device IDs
• IP address or MAC address, and information derived from an IP or MAC address, such as geographic location
• Browsing activities, cookies and similar data, and platform or mobile application use data
• Referring domain, destination domain and destination path
• Geolocational data
• Cookies
• Information about the performance, security, software configuration and availability of our software on your servers and network
• Website User statistics and viewing activity records
• User IDs and passwords for Users with accounts on the Websites
• Communication preferences
• Your first and last names and contact details, including residential address, phone number, email
• Your testimonials, feedback and complaints
• Professional information, such as employer or organizational affiliation for a User
• Any data in any files uploaded, emailed or otherwise provided by Users for support and QA
• If you are an employee or prospective employee
  • Your tax file number or other government related identifiers
  • Your employment history and qualifications, and background checks relevant to your job application
  • Employee number
• Date of birth
• Other similar information

We may collect your personal information in several ways, including, in person, by telephone, by email or electronically when you contact us, or visit our Websites, including as follows:

• Use of, and registration within, the Websites: Information such as name, email address, telephone number, company/organization, and other information, may be collected in connection with registration on, and use of the Websites (for example, submitting contact information as part of sending a message to us). Users may update their information by logging into their account.
• Communications: Personal information such as name, email address, and other information, may be collected, when provided in any communications, whether via email, social media, telephone or otherwise.
• Information We Automatically Collect: We receive and store certain types of information whenever you interact with us or our Websites. Our Websites use “cookies,” tagging and other tracking technologies. This information includes computer and connection information such as statistics on your page views, traffic to and from our Websites, referral URL, ad data, your IP address, and device identifiers; this information may also include your browsing history, and your web log information.
• User Comments and Content: If you post any comments or content on our Websites, you should be aware that any personally identifiable information you choose to provide there may be read, collected, or used by third-parties. We are not responsible for the information you choose to submit, and we cannot guarantee that third-parties have not made copies of or will not use such information in any way. As noted elsewhere in this Policy, no Protected Health Information or sensitive personal information should be provided to us through the Websites.
• Information from Other Sources: We may supplement the personal information we collect with information from third-parties, including to add it to your account information. Information from third-parties may include, but is not limited to, demographic information that is publicly available, additional contact information, group affiliations, occupational information, and educational background. We may also collect your personal information from third-parties, including data available on the internet, and data purchased from third-party sources. Where personal information is obtained from third-party sources, the collection, use and disclosure of that personal information will be governed by the third-party’s privacy policy, as well as by applicable privacy laws. If you are a prospective employee, we may also collect personal information from credit agencies (after seeking your consent to do so).

You can choose not to provide us with certain information, but then you might not be able to take advantage of some features of the Websites.

We may use the information, including personal information, collected in connection with the Websites for providing and supporting our business functions, such as fraud prevention, marketing, analytics and legal functions, and other legitimate purposes.

To the extent permitted by applicable law, we may use information collected in connection with our Websites:

• to provide, maintain, and improve the Websites for internal or other business purposes;
• to fulfill User requests, or to provide requested information;
• to communicate with our Users; to inform Users, as applicable, of products, programs, and changes to our policies or terms, as applicable;
• to respond to reviews, comments, or other feedback provided to us;
• to support, optimize, improve and personalize our Websites, including tracking and evaluating the use of the Websites;
• in the case of server logs, to help us statistically monitor how many people are using our site and for what purpose;
• to protect the security and integrity of our Websites, content, and our business;
• to explore prospective leads;
• to meet our contractual requirements, to comply with applicable legal or regulatory requirements and our policies, and to protect against criminal activity, claims and other liabilities; and/or
• for any other lawful purpose for which the information is provided, including fulfilling requests for information.

Aggregate Information. To the extent permitted by applicable law, we may use, process, transfer, and store any data about Users in an anonymous (or pseudonymous) and aggregated manner. We may combine personal information with other information, collected online and offline, including information from third-party sources. We may also use information in other ways with consent or as permitted by applicable law. By using the Websites, our Users agree that we are licensed to collect, use, share and store anonymized (or pseudonymized) aggregated data collected through the Websites for benchmarking, analytics, A/B testing, metrics, research, reporting, machine learning and other business purposes.

Automated Decisions. To the extent permitted by applicable law, we may collect data in an automated manner and make automated decisions, including using machine learning algorithms, about individual Users of the Websites for security or analytics purposes, and for any other lawful purpose.

To the extent permitted by applicable law, we may share and disclose information, including personal information, as set forth below:

• Customers. We may share information with our customers and their service providers and other platforms that may assist those customers.
• Affiliates and Agents. We may share information with our affiliates, any business partners or agents acting on our behalf. Please refer to the websites of such third-party suppliers for their privacy policies and other information on such supplier.
• Service Providers. We may share information with our service providers (e.g., data storage service providers), agents, vendors and other third-parties we use to support our business. We share personal information with such third-parties to the extent necessary to provide services to us, and pursuant to binding contractual obligations.
• Mergers, Acquisitions, Divestitures. We may share, disclose or transfer information to a buyer, investor, new affiliate, or other successor in the event JenaValve, or any affiliate, portion, group or business unit thereof, undergoes a business transition, such as a merger, acquisition, joint venture, consolidation, reorganization, divestiture, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or a portion of any assets of JenaValve or any affiliates or during steps in contemplation of such activities (e.g., negotiations and due diligence).
• Law Enforcement and National Security. We may share information with legal, governmental, or judicial authorities, as instructed or required by those authorities or applicable laws, or to comply with any law or directive, judicial or administrative order, legal process or investigation, warrant, subpoena, government request, regulatory request, law enforcement or national security investigation, or as otherwise required or authorized by law.
• Protection of Rights, Property or Safety. We may also share information if, in our sole discretion, we believe disclosure is necessary or appropriate to protect the rights, property or safety of any person, or if we suspect fraud or other illegal activity.

We may also disclose personal information for other purposes or to other third-parties when a User has consented to, or requested, such disclosure, or where such disclosure is otherwise legally permitted for legitimate business purposes.

We may use cookies and similar technologies to operate and improve the Websites, as well as to simplify our interaction with you. A “cookie” is a unique numeric code that we transfer to your computer so that we can keep track of your interests and/or preferences and recognize you as a return visitor to the Websites. We may use cookies, log files, pixel tags, web bugs, web beacons, clear GIFs, Local Storage Objects (LSOs) such as HTML5 and Flash or other similar technologies to collect information about the ways you interact with and use the Websites, to support and enhance features and functionality, to monitor performance, to personalize content and experiences, for marketing and analytics, and for other lawful purposes. This may include first-party cookies placed by JenaValve, and third-party cookies placed by a website other than JenaValve, local shared objects (commonly referred to as “Flash Cookies” or “HTML 5 Cookies”) and tracking pixels (including transparent or clear gifs).

We may use session cookies and persistent cookies in connection with the Websites. Session cookies refer to cookies that are operable for the duration of your visit only and are deleted when you close your browser. Session cookies are typically used to track your navigation of the Websites in order to support the function or security of the Websites. Session cookies may also be used to avoid data re-entry such as information you might provide within forms available on the Websites. Persistent cookies refer to cookies that are stored following your visit. Persistent cookies are not deleted from your browser at the end of a session and are typically used to remember your preferences for future visits to the Websites. These cookies make websites easier to use as you won’t need to repeatedly select your preferences each time you visit. A good example would be a website with language settings – perhaps you choose to change the content language from English to French. The next time you visit the website, your preference will be remembered.

We may use the following types of cookies and similar technologies:

• Essential/strictly necessary cookies required for the operation of the Websites. They include, for example, cookies that enable you to log into secure areas.
• Analytical/performance cookies that collect information about how you use the Websites. They allow us to recognize and count the number of visitors and to see how visitors move around our Websites. This helps us to improve the way our Websites work. These cookies are sometimes placed by third-party providers of web traffic analysis Websites.
• Functional cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region) or allow the pre-population of certain resource request forms, making it easier for you to access JenaValve content.

Opting out: Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may encounter issues using the Websites and accessing certain pages, specifically password-protected pages.

• As part of improving the Websites, we may deploy third-party technology on our Websites to collect and transfer information using web beacons, and in certain configurations, using tracking tag pixels and cookies (“Tag Data”). This third-party technology may automatically collect Tag Data from your browser. Some of the Tag Data collected may be considered personal data in your jurisdiction, such as IP address and online identifiers (cookies) and some may be considered non-personal information, such as browser version, operating system, pages viewed, and timestamps.
• We may use third-party analytics such as Google Analytics or similar analytics Websites. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout.
• Please note that the use of online tracking mechanisms by third parties, such as our partners, is subject to those third parties’ own privacy policies, and not this Privacy Policy. You may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out at: (https://optout.networkadvertising.org/) or of companies participating in the Digital Advertising Alliance program by opting out at:  (https://optout.aboutads.info), the Digital Advertising Alliance of Canada (DAAC) (for Canadian users) by opting out at:  (https://youradchoices.ca); or the European Interactive Digital Advertising Alliance (EDAA) (for users in the EU) by opting out at:  (https://www.youronlinechoices.com).

To the extent permitted by applicable law, we may retain information for as long as the account of the User for whom we collected the information is active, for at least six (6) months thereafter, or as long as is reasonably necessary, or as needed for other lawful purposes. If, however, we become aware that you inadvertently or intentionally submitted or transmitted Protected Health Information or sensitive personal information to us, you will be considered to have explicitly consented to us processing that Protected Health Information or sensitive personal information for the purposes of deleting the same and we will not retain such information. We may retain cached or archived copies of information. We may retain anonymized or pseudonymized, aggregated data indefinitely, to the extent permitted under applicable law. We may be required to retain some data for a longer period of time because of various laws and regulations or because of contractual obligations. We also will retain information as long as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Once information is no longer needed for the purposes for which it was collected, we will take reasonable steps to de-identify and destroy it.

To the extent required by applicable law, or in our discretion otherwise, we will allow Users to limit use of personal information. If at any time after providing us with your personal information such information changes or you change your mind about receiving information from us, you may request access to your data or that your data be changed. Where you provide us with your personal information (e.g. when you contact or message us), we may use your personal information for direct marketing. If you prefer not to receive these communications from us, you may ask us at any time to stop contacting you or sending you direct marketing information by emailing us at: info@jenavalve.com.

When you use your mobile device to interact with us or use the Websites, we may receive information about your mobile device, including a unique identifier for your device. We and our service providers and third-parties we collaborate with, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.

We provide you with a means for submitting your resume or other personal information through our Websites for consideration for employment opportunities at JenaValve. Personal information received through resume submissions will be kept confidential. We may contact you for additional information to supplement your resume, and we may use your personal information within JenaValve, or keep it on file for future use, as we make our hiring decisions.

The Websites may provide links to other websites or resources over which JenaValve does not have control (“External Websites”). Such links do not constitute an endorsement by JenaValve of those External Websites. You acknowledge that JenaValve is providing these links to you only as a convenience, and further agree that JenaValve is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms of use and privacy policies located on the applicable External Website. We encourage you to be aware when leaving our Websites and to read the privacy statements of External Websites that collect your personal information.

To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of personal information, we employ technical and organizational measures that are reasonably designed to help safeguard the information we collect. Only authorized JenaValve personnel have access to the personal information, including server logs and cookie utilization data, that we collect. These individuals are required to follow strict security policies and procedures. JenaValve may use encryption, secure socket layer, firewall, password protection and other physical and logical security measures to help prevent unauthorized access to such personal information. JenaValve may also place internal restrictions on who in the company may access data to help prevent unauthorized access to such information.

Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Therefore, despite our efforts, we cannot guarantee its absolute security. We do not warrant or represent that personal information about you will be protected against, loss, misuse, or alteration by third-parties.

If you use the Websites, you are responsible for maintaining the confidentiality of your access information and password. You are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your password. We cannot secure any personal information that you release on your own, that you request us to release or that is released through another third party to whom you’ve given access.

Where required under applicable law or by contract, we will notify the appropriate parties or individuals of any loss, misuse or alteration of personal information so that such parties or individuals can take the appropriate actions for the due protection of their rights. If such personal information is information of a JenaValve customer, we will notify such customer and coordinate with them regarding any required notices to particular individuals.

We recognize the importance of protecting the privacy and safety of children. The Websites are not intended for children under 13 years of age – and for European residents, for children under 16 years of age – see our European Privacy Policy. We do not knowingly collect personal information from children under 13. Anyone under 13 should not use the Websites. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us as set forth below.

Sensitive personal information’ is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation. We do not knowingly or intentionally collect sensitive personal information or Protected Health Information from individuals through the Websites. If, however, you inadvertently or intentionally submit or transmit sensitive personal information or Protected Health Information to us, you will be considered to have explicitly consented to us processing that sensitive personal information or Protected Health Information. In such case, we will use and process Protected Health Information and sensitive personal information solely for the purposes of deleting it, if and when we become aware of the same.

The Websites may be provided using resources and servers located in various countries around the world, including the United States and other countries. Therefore, personal information about Users may be transferred, processed and stored outside the country where the Websites are used, including to countries outside the European Union (“EU”), European Economic Area (“EEA”) or Switzerland, where the level of data protection may not be deemed adequate by the European Commission. With respect to Europe, we may use standard data protection clauses adopted by supervisory authorities and approved by the European Commission to safeguard transfers.

California residents should read our California Supplemental Privacy Notice in conjunction with this Privacy Policy. The California Supplemental Privacy Notice for California Residents explains JenaValve’s commitment to comply with California law and applies to personal information of California residents collected in connection with the Websites.

If you have questions, concerns, or complaints about this Policy or our privacy practices, please contact our Corporate Compliance Officer by email at info@jenavalve.com or by telephone at 949-396-7530. We will respond to your inquiries as soon as is practicable.

A. CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

B. DISPUTE RESOLUTION. Except as otherwise expressly provided above, or in our European Privacy Policy or otherwise required by applicable law, you agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with, this Privacy Policy, shall be in the courts of California state and U.S. federal courts in Orange County, California. Any dispute, controversy, or claim arising out of or relating to this Privacy Policy or the collection, use, storage or transfer of any of your information or data, including, but not limited to, the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach of this Privacy Policy, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or JAMS International Arbitration Rules, if the matter is deemed “international” within the meaning of that term as defined in the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator, and shall be conducted in Irvine, California. If the JAMS International Arbitration Rules apply, the language to be used in the arbitral proceedings will be English. Judgment upon the arbitral award may be entered by any court having jurisdiction. This section shall apply to and require arbitration of all disputes, controversies, and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other people, or classes of individuals, entities, or other people. You hereby consent to receive service of process by electronic means or social media to the extent allowed by the applicable court. This constitutes express agreement of the parties regarding your consent pursuant to United States Federal Rule of Civil Procedure 5(b)(2)(E) and any applicable state (or other jurisdiction) equivalent.

We may update this Privacy Policy from time to time in our sole discretion to reflect changes to our information and privacy practices. We will post any updated Privacy Policy on this page at https://jenavalve.com/privacy-policy or in the Websites, or with any notice to individual Users if required by applicable law. Continued use of the Websites after any such modifications constitutes acceptance to any such modified Privacy Policy. JenaValve encourages you to review this Privacy Policy regularly for any changes. The date of last revision is shown at the “Last Updated” legend at the top of this page.

If you have any questions regarding our Privacy Policy, the practices of this site, or your dealings with us, please feel free to email us at info@jenavalve.com.

The following European Privacy Policy applies if your personal data is processed in the European Union, the European Economic Area and Switzerland.

Personal Data and Processing. For the purposes of this European Privacy Policy:

“Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of such natural person; and

“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Personal Data may be transferred outside of Europe, provided that certain conditions as set out in the applicable legislation are complied with. Your Personal Data will also be processed by personnel operating outside Europe who works for us. This includes personnel engaged in, among other things, the fulfillment of an order and the provision of support Websites. We are party to data transfer agreements with each of our service providers and the members of our group and we will (i) keep each document up to date with current law, and (ii) only engage in personally identifiable information transfers from Europe to outside Europe in accordance with such an agreement or an alternative means of transfer in compliance with data protection legislation. We may also process personal data submitted relating to individuals in Europe via other compliance mechanisms, including the use of the European Union Standard Contractual Clauses or Binding Corporate Rules.

Purposes and Legal Basis for Processing Personal Data. We process data for the purposes as set forth in our Privacy Policy, and as explained in the Use of Information and Sharing of Information sections. To fulfill these purposes, we may access data, including Personal Data, to correct and address technical, service or security problems, or in response to contractual requirements. Please see our JenaValve Privacy Policy Information We Collect and Data Retention sections for additional details on how we collect, use, disclose and share data, make automated decisions, and retain data, including Personal Data, about individual Users.

Our legal basis for the processing of Personal Data are: (i) consent or (ii) any other applicable legal basis, such as our legitimate interest in engaging in commerce, offering products and services of value to JenaValve customers, preventing fraud, ensuring information and network security, direct marketing, and complying with industry practices.

Data Transfers:

Where personal data is transferred from the EU or Switzerland to the US in the context of an employment relationship, we will cooperate in investigations by and comply with the advice of EU data protection agencies and the Swiss Federal Data Protection and Information Commissioner (FDPIC).

The Services may be provided using resources and servers located in various countries around the world, including the United States and other countries. Therefore, personal information about individuals or customers may be transferred, processed, and stored outside the country where the Services are used, including to countries outside the European Union (“EU”), European Economic Area (“EEA”) or Switzerland, where the level of data protection may not be deemed adequate by the European Commission. In the case of such transfers, JenaValve will rely upon a compliant transfer mechanism, such as standard contractual clauses. We will only transfer data to our agents, resellers or third-party service providers (such as travel service providers, accountants, attorneys, consultants, and other service providers) who need the information in order to provide services to or perform activities on behalf of JenaValve, including in connection with the delivery of services or products, JenaValve’s management, administration, or legal responsibilities. We acknowledge our liability for such data transfers to third-parties.

Additional Rights: Under European law, you may have one or more of the following additional rights:

Access. To request a copy of the Personal Data we have collected about you by contacting us.

Rectification & Erasure. To request that we rectify or delete any of the Personal Data about you that is incomplete, incorrect, unnecessary or outdated.

Objection. To object, at any time, to Personal Data about you being Processed for direct marketing purposes.

Restriction of Processing. To request the restriction of processing of Personal Data about you for certain reasons, such as, for example, if you consider Personal Data about you collected by us to be inaccurate or you have objected to the processing and the existence of legitimate grounds for Processing is still under consideration.

Data Portability. To request and receive the Personal Data we have collected about you in a commonly used and machine-readable form.

Right to Withdraw Consent. If Personal Data about you is processed solely based on your consent and not for any other legitimate interest, to withdraw your consent at any time, without affecting the lawfulness of our Processing based on such consent before it was withdrawn, including processing related to existing contracts for our Websites.

Right to Lodge a Complaint with a DPA. If you believe our Processing of Personal Data about you is inconsistent with the applicable data protection laws, to lodge a complaint with your local supervisory data protection authority (“DPA”).

To exercise any of the above-listed rights, please contact us as set forth below and provide sufficient details so that we can respond appropriately. We will process any requests in accordance with applicable law and within a reasonable period of time. We may need to verify the identity of the individual submitting a request before we can address such request. If the request relates to data our customers collect and process through JenaValve services, we will refer the request to that customer and will support them in responding to the request.

Questions and Complaints. If you have questions, concerns, or complaints about this Policy or our privacy practices, please contact our Privacy Officer by email at: info@jenavalve.com.

Compelled Disclosures. We may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have any questions, requests or comments about this Privacy Policy, please do not hesitate to contact us at:

Phone: +1 888 812 JENA (5362)
Website: www.jenavalve.com
Email: info@jenavalve.com

Postal Address:
Corporate Compliance Officer
JenaValve Technology Inc.
4 Cromwell
Irvine, California 92618
USA

T +1-949-767-2110
F +1-949-315-3253
E-Mail: info@jenavalve.com

German Supervisory Authority:

Regierung von Oberbayern
Maximilianstr. 39
80538 München

United Kingdom Information Commissioner’s Office:

Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF