This Privacy Statement explains our practices with regard to “Personal Information.” Personal Information is any information that can be used to identify, locate or contact you. It also includes other information that may be associated with such Personal Information. Examples of types of Personal Information:
In many cases, we collect Personal Information directly from you. We will ask you for Personal Information when you interact with us, such as registering on our websites, using any interactive features or applications, sign up to receive a newsletter or a rebate, or make a direct purchase, or apply for employment. We may collect additional information from third party data suppliers who enhance our files or from social media sites such as Facebook, if you like our pages or join our communities.
ReShape Lifesciences may use your Personal Information for its business purposes, such as to:
ReShape Lifesciences does not sell, share or otherwise distribute your personal information with third parties for their marketing purposes. ReShape Lifesciences will share your Personal Information only in compliance with any obligations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and other applicable laws. For example, we will share your Personal Information as follows:
Please note that we may also disclose information about you that is not personally identifiable. For example, we may publish reports that contain aggregated and statistical data about our customers. These reports do not contain any information that would enable the recipient to contact, locate or identify you.
When you visit our website or use our mobile applications, we collect certain information by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons.
For example, when you visit our website, we place cookies on your computer. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and enable us to detect certain kinds of fraud.
ReShape Lifesciences uses Flash Cookies (also known as Local Stored Objects), Microsoft Silverlight and similar technologies to personalize and enhance your online experience in compliance with Network Advertising Initiative standards. The Adobe Flash Player is an application that allows rapid development of dynamic content, such as video clips and animation. Flash cookies (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies, but these are managed through a different interface than the one provided by your web browser. To manage Flash cookies, please see Adobe’s website at http://kb2.adobe.com/cps/526/52697ee8.html or visit www.adobe.com. To manage Silverlight cookies, see Microsoft’s privacy statement at http://www.microsoft.com/getsilverlight/get-started/install/privacy.aspx or visit www.microsoft.com.
Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure response to our communications and improve our web pages and promotions.
We collect many different types of information from cookies and other technologies. For example, we may collect information about the device you use to access our website, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also record the IP address of the device you use to connect to the Internet. An IP address is a unique identifier that devices use to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to ReShape Lifesciences and the website you visit after you leave our site.
In many cases, the information we collect using cookies and other tools is only used in a non-identifiable way, without any reference to Personal Information. For example, we use information we collect about all website users to optimize our websites and to understand website traffic patterns.
In some cases, we do associate the information we collect using cookies and other technology with your Personal Information. This Privacy Statement governs how we use that all of this information when we associate it with your Personal Information.
ReShape Lifesciences has relationships with third party advertising companies to place advertisements on this website and other websites, and to perform tracking and reporting functions for this website and other websites. These third party advertising companies may place cookies on your computer when you visit our website or other websites so that they can display targeted advertisements to you. These third party advertising companies do not collect Personal Information in this process, and we do not give any personal information to them as part of this process. However, this Privacy Statement does not cover the collection methods or use of the information collected by these vendors. For more information about third party advertising, please visit the Network Advertising Initiative (NAI) at www.networkadvertising.org.
ReShape Lifesciences offers “tell-a-friend” functionality on our websites. If you choose to use this function, we will collect Contact Information for your friend. We will automatically send your friend a one-time email with the information you specified or inviting him or her to visit the site. ReShape Lifesciences uses this information for the sole purpose of sending this one-time email and does not retain the information.
You can always limit the information you provide to ReShape Lifesciences. You can also limit the communications that ReShape Lifesciences sends to you by following a simple opt-out process. Simply follow the instructions in our emails to opt-out of receiving future marketing communications. You may also contact us via email at [email protected] for help and further information.
Please note that even if you opt-out of promotional emails, we may still need to contact you with important transactional information about your account or your equipment. For example, even if you opt-out of emails, we will still send you a confirmation when you purchase something from our website as well as product safety communications. You can manage cookie preferences and opt-out of having cookies and other data collection technologies used by adjusting the settings on your browser. All browsers are different, so visit the “help” section of your browser to learn about cookie preferences and other privacy settings that may be available.
You can opt-out of being targeted by those third party advertising companies that are NAI members online at www.networkadvertising.org/consumer/opt_out.asp.
ReShape Lifesciences respects your right to access and correct your Personal Information. You may update your Personal Information at any time by contacting us via email at [email protected], or directly by logging into your online account, should you have one. You can also write us using our form here. If you send us a letter, please provide your name, address, email address, and detailed information about the change you would like to make.
ReShape Lifesciences has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard your Personal Information from unlawful use and unauthorized disclosure.
ReShape Lifesciences is headquartered in the United States of America. Your Personal Information may be accessed by or transferred to the United States or to our affiliates and data processors elsewhere in the world. By providing us with your Personal Information, you consent to this transfer to the U.S. which your country may not consider to provide for adequate privacy protections. We will always protect the privacy and security of your personal information as expressed in this policy, regardless of where it is processed or stored.
This Privacy Statement only addresses the use and disclosure of information by ReShape Lifesciences. We may provide links to outside websites or advertisements for third parties that have their own privacy policies and data collection, use and disclosure practices. Our independent dealers, suppliers and business partners have their own privacy policies too. We encourage you to familiarize yourself with the privacy statements provided by all third parties prior to providing them with information or taking advantage of an offer or promotion.
The ReShape Lifesciences website and applications are not intended to attract children, and we do not knowingly collect any Personal Information of anyone under the age of 13. If you believe your child is using our website, please contact us at [email protected] so we can investigate and delete any inappropriate information.
From time to time, we may update this Privacy Statement to reflect new or different privacy practices. We will place a notice on our homepage when we make material changes to this the Privacy Statement. Additionally, if the changes will materially affect the way we use or disclose previously-collected Personal Information, we will notify you about the change by sending a notice to the primary email address associated with your account.
Any portions of this policy are void to the extent they are prohibited by applicable law.
Please contact us if you have any questions or comments about our privacy practices, your privacy choices, or this Privacy Statement. You can always reach us online at [email protected]. You can reach us via mail at the address below. If you send us a letter, please provide your name, address, email address, and information about the communication that you do not want to receive.
Attention: Legal Department
1001 Calle Amanecer,
San Clemente, CA 92673
If you have applied for employment with ReShape Lifesciences, the Personal Information submitted with your job application will be used to process and consider your job application. ReShape Lifesciences will not sell the information on your application to unaffiliated third-parties for their marketing purposes. We may share the information on your applications with recruiters, consultants, attorneys, background services and our affiliates. The information on your application may also be used for certain regulatory, compliance and legal purposes, consistent with this Privacy Statement.
To the extent the Personal Information you provide contains details of your: racial or ethnic origin; political opinions or beliefs; religious beliefs; membership in a trade union or political party; physical or mental health condition; sexual life; commission (or alleged commission) of an offence or related proceedings; job evaluations or educational records, you expressly authorize ReShape Lifesciences to handle such details for the purposes of your job application and for the other purposes described herein.
By submitting information to us online, you are sending it to the United States, where it will be subject to the protections afforded under US laws that may be different from the laws in your country and which your country may consider not to provide adequate privacy protections. If you do not agree that your submission of your application information will be governed solely by United States law, ReShape Lifesciences will not accept your application.
California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed “Personal Information” to any third parties for the third parties’ direct marketing purposes. ReShape Lifesciences will not sell or share your Personal Data for marketing purposes without your consent.
California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices and policies may contact us at [email protected], or write to us at ReShape Lifesciences, Inc., 1120 S. Capital of Texas Highway, Bldg1, Suite 300, Austin, Texas 78746, Attention: Legal Department.
Social Security Number Protection Policy ReShape Lifesciences collects Social Security numbers and other sensitive personal information in the ordinary course of its business. ReShape Lifesciences has implemented reasonable technical, physical and administrative safeguards to help protect the Social Security numbers and other sensitive personal information from unlawful use and unauthorized disclosure. All ReShape Lifesciences workers are required to follow these established procedures, both online and offline. In particular:
Updated: March 1, 2014
ReShape Lifesciences grants you a limited right to use the Site only for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site.
All product names, logos, and service marks displayed on the Site that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to ReShape Lifesciences or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of ReShape Lifesciences or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the product or services of the company.
Each person assumes full responsibility and all risks arising from use of the Site.
IN NO EVENT SHALL ANY OF RESHAPE LIFESCIENCES, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER RESHAPE LIFESCIENCES OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. This includes damages to, or for viruses that may infect your computer equipment.
IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.
Without limiting the foregoing, everything on the Site is provided to you “AS IS” AND RESHAPE LIFESCIENCES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE.
RESHAPE LIFESCIENCES HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
RESHAPE LIFESCIENCES MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that ReShape Lifesciences may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ReShape Lifesciences’s liability will be equal to the minimum permitted under such applicable law.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS RESHAPE LIFESCIENCES, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SITE, TO THE FULLEST EXTENT ALLOW BY LAW.
You further agree that any claim related to this Site must be filed within one year after it arises.
These Terms, as well as any claim that might arise under these Terms, will be governed by the laws of the state of California. Use of this Site implies and is subject to the consent to the laws of the United States and exclusively in the jurisdiction of the courts in the state of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the California courts for the purpose of litigating all such claims.
Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Site provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.
This Site contains information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from such forward-looking information.
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The Lap-Band System is indicated for weight reduction for patients with obesity, with a Body Mass Index (BMI) of at least 40 kg/m2 or a BMI of at least 30 kg/m2 with one or more obesity-related comorbid conditions. It is indicated for use only in adult patients who have failed more conservative weight reduction alternatives, such as supervised diet, exercise and behavior modification programs. Patients who elect to have this surgery must make the commitment to accept significant changes in their eating habits for the rest of their lives.
The Lap-Band System is not recommended for non-adult patients, patients with conditions that may make them poor surgical candidates or increase the risk of poor results, who are unwilling or unable to comply with the required dietary restrictions, or who currently are or may be pregnant.
The Lap-Band System is a long-term implant. Explant and replacement surgery may be required. Patients who become pregnant or severely ill, or who require more extensive nutrition may require deflation of their bands. Anti-inflammatory agents, such as aspirin, should be used with caution and may contribute to an increased risk of band erosion.
Placement of the Lap-Band System is major surgery and, as with any surgery, death can occur. Possible complications include the risks associated with the medications and methods used during surgery, the risks associated with any surgical procedure, and the patient’s ability to tolerate a foreign object implanted in the body. Most common related adverse events include: Band slippage, pouch dilation, stoma obstruction, gastroesophageal reflux, esophageal dilation, cholelithiasis, incisional infection, abdominal pain, gastroenteritis, or nausea and vomiting may occur. Reoperation may be required. Rapid weight loss may result in complications that may require additional surgery. Deflation of the band may alleviate excessively rapid weight loss or esophageal dilation.
Important: For full safety information please click here or talk with your doctor.
CAUTION: Rx only.