CUTERA | Face + Body Aesthetic Solutions

I. Corporate Commitment to Privacy

Cutera and its subsidiaries and affiliates (collectively Cutera or the Company) are committed to respecting your privacy. This Privacy Policy describes how we collect, use, disclose, store and otherwise process information when you use our websites and other online products and services.

We urge you to read this Privacy Statement so that you understand our commitment to you and your privacy, and how you can participate in that commitment.

II. GDPR Compliance

Cutera complies with the General Data Protection Regulation (GDPR) as set forth by the European Parliament in April 2015. The regulation mandates that Cutera protects the personal data and privacy of EU data subjects. This policy lays out the principles of data usage, collection, and storage in accordance with the principles and intent of the GDPR.

III. Definition of Personal Information

Personal Information (GDPR)

Personal information refers to any information relating to an identified or identifiable natural person, such as an identification number, physical, physiological, mental, economic, cultural, or social identifiers.

Examples of Personal Information:

Personal Information may include the following: name, address, date of birth, gender and contact data (i.e. e-mail address, telephone number and employer name).

Definition of Personal Information (Special Categories of Information (GDPR)

Special categories of personal data refers to genetic and biometric data which can identify a unique individual. Under GDPR, these categories require additional privacy protections.

IV. Definition of Non-Personal Information

We may also collect information that is related to you but that does not personally identify you (“Non-personal Information”). Non-personal Information may also include information that could personally identify you in its original form, but that we have modified (for instance, by aggregating, anonymizing or de-identifying such information) in order to remove or hide any Personal Information.

V. Scope

Cutera has established and implemented this privacy policy to inform visitors of the website and users of our services how we use and protect the information we collect from our websites and services.

VI. Consent

Cutera collects personal information about you in connection with many of our services. When working for, or using our company, you may be prompted to make an account which may hold personal information such as your name, mailing address, email address, or credit card information, etc. Prior to collecting this information, Cutera will obtain your consent. You may revoke consent at any point in time and, after confirming your intent, we will cease using and processing your data immediately.

VII. Information Collected Automatically

Cutera may also collect Technical Information about you when you visit our websites, which your web browser automatically sends whenever you visit a website on the Internet. "Technical Information" is information that does not, by itself, identify a specific individual but which could be used to indirectly identify you. Our servers automatically record this information, which may include your Internet Protocol ("IP") address, browser type, browser language, and the date and time of your request. Gathering your information helps us ensure our websites and other services work correctly and support out customer analytic efforts. We consider this type of information to be non-personal information.

VIII. Information Collected Automatically (Examples)

Email communication

We use pixel tags and cookies in our marketing emails so that we can track your interaction with those messages, such as when you open the email or click a URL link that’s embedded within them. When recipients click on one of those URLs, they pass through a separate web server before arriving at the destination page on a company website. We use tools like pixel tags and cookies so that we can determine interest in particular topics and measure and improve the effectiveness of our communications.

Mobile communication

When you download or use our mobile-device applications, or access one of our mobile-optimized websites, we may receive information about your mobile device, including a unique identifier for your device.

Cookies and Similar Technologies

We may collect information about your use of the websites through cookies and similar technology. 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. For example, we may use these technologies to collect information about the ways visitors use our websites, to support the features and functionality of our websites, and to personalize your experience when you use our websites.

For more information regarding cookies, see https://ruinmysearchhistory.com/blog/how-to-block-cookies-in-all-browsers/. By using our website with cookies enabled on your browser a party agrees to store the website’s cookie on their local system.

IX. Information Collected from Social Media Applications/Networking Websites

Our websites includes social media features, such as the Facebook, LinkedIn, Twitter and Instagram “Like” buttons and other widgets that run on our site. These features may collect your IP address and which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features are governed by the privacy policy of the organization providing it. For example, if you create or log into your account through a third-party social networking site, we may have access to certain information from that site, such as your name, account information and friends, in accordance with the authorization procedures determined by such third-party social networking site.

X. Information Collected from Other Sources

Cutera may also collect information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our services to you, and prevent or detect fraud.

XI. Information Collected from Other Sources (Examples)

Third-Party Vendors

In order to provide the services and improve Cutera’s websites, we may engage the services of third-party vendors. In the process of supplying services to Cutera, these third-party vendors may need to collect Personal Information about you.

Co-branding

Some company websites or services may be co-branded and offered in conjunction with another company. If you use such websites or services, both Cutera and the other company may receive the Personal Information that’s collected via that co-branded website or service.

Public Forums, Blogs and the Customer Reference Programs

Cutera websites may feature bulletin boards, blogs or forums. Any Personal Information that you choose to submit via such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages.

Flash LSOs

We use Local Storage Objects (LSOs) such as HTML5 and Flash to store content information and preferences. We partner with third parties to provide certain features on our site or to display advertising based upon your browsing activity. Various browsers may offer their own management tools for removing HTML5 LSOs.

Log Files

Log files record website activity on our services and enable us to gather statistics about our users' browsing habits. These entries help Cutera determine (among other things) how many and how often users have accessed or used our services, which pages they've visited, and other similar data.

Clear GIFs

Clear GIFs, sometimes called "web bugs" or "web beacons," are small electronic images that are placed on a web page or in an email message. We use clear GIFs to monitor user behavior, deliver cookies, collect information, count visits, understand usage and campaign effectiveness, and to tell if a recipient has opened and acted upon an email.

XII. Permitted Use of Personal Information

Cutera uses your personal information to provide you products and services, such as to fulfill your requests for products or to help us personalize our offerings to you. We also use your personal information to support our business functions, such as fraud prevention, marketing, and legal functions. To do this, we combine personal and non-personal information, collected online and offline, including information from third party sources.

XIII. Permitted Use of Personal Information (Examples)

Fulfill Requests

To fulfill your requests for products and services and communicate with you about those requests;

Understand Customer Behavior

To better understand customer behavior so that we may improve our marketing and advertising efforts and to improve the distribution of our products and services;

Personalize Offerings

To help us personalize our service offerings, websites, mobile services, and advertising;

Credit Card Information

Credit card information may be used to check the financial qualifications or collect payment from customers regarding orders of products and services;

Protection

To protect the security and integrity of our websites, mobile services, and our business;

Legal/Regulatory

To comply with legal and/or regulatory requirements;

Responding to Customers

To respond to reviews, comments, or other feedback you provide us;

Industry Benchmarking

For industry benchmarking and analysis consistent with our legitimate business purpose;

Employment Applications

In connection with a job application or inquiry, you may provide us with data about yourself, including your educational background or work history and other information, including your ethnicity where required or permitted by law. We may use this information throughout Cutera, its subsidiaries and affiliates, and its joint ventures for the purpose of employment consideration.

XIV. Promotional Messaging or Advertising

Cutera uses your contact information to recommend products and services that might be of interest to you, to send you marketing and advertising messages such as newsletters, announcements, or special offers or to notify you about our upcoming events.

XV. Ability to Opt-In to Promotional Messaging or Advertising

By registering your information with Cutera, unless subject to specific national legislation, you may occasionally receive promotional messaging or advertising. You may at any point opt-out of receiving this messaging by clicking on a link included in the footer of each message.

XVI. Disclosure of Personal Information to Third Parties

Cutera will not rent or sell your Personal Information to others but may disclose personal information with third-party vendors and service providers that work with Cutera. We will only share Personal Information to these vendors and service providers to help us provide a product or service to you.

XVII. Disclosure of Personal Information for Business Purposes

If Cutera sells any part of its operations, Cutera may transfer personal information in connection with the sale. Prior to a sale occurring, Cutera will contact you to gain your consent for the disclosure of your personal information.

XVIII. Disclosure of Personal Information for Legal and Safety Reasons

Cutera may be required to disclose personal information to the authorities, law enforcement agencies, government agencies, or legal entities. We may disclose information by law, litigation, or as a matter of national security to comply with valid legal process including subpoenas, court orders or search warrants, and as otherwise authorized by law. We may also need to disclose personal information in the event of an emergency that threatens an individual's life, health, or security.

XIX. Disclosure of Personal Information Via Links to Third-Party Websites, Services, and Applications

Using our website or services may link to third party web websites, services, and applications. Cutera is not responsible for any Personal Information collected through these means. Information collected is governed through the third party's website's Privacy Policy. Any interactions you have with these web websites, services, or applications are beyond the control of Cutera.

XX. Onward Transfer Liability

In cases of onward transfer to third parties of your personal data, Cutera is potentially liable. In particular, Cutera remains responsible and liable under GDPR if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with its principles, unless Cutera proves that it is not responsible for the event giving rise to the damage.

XXI. Ability to Disable Technologies

Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you 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 not have access to all features available through our services. For more information, visit the help page for your web browser or see http://www.allaboutcookies.org.

XXII. Consequences of Disabling Technologies

Please note that if you disable your web browser's cookies and other technologies, certain features of our website and services will be disabled and you will limit the functionality we can provide when you visit our site.

XXIII. Security Measures Taken to Protect Personal Information by Company

Security of all information is of the utmost importance for Cutera. Cutera uses appropriate technical and physical safeguards to protect the security of your personal information from unauthorized disclosure. We use appropriate encryption technology to keep all information secure. We also make all attempts to ensure that only necessary people and third parties have access to personal information. Nevertheless, such security measures cannot prevent all loss, misuse or alteration of personal information and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. In the case of a data breach, we will notify you without delay of any loss, misuse or alteration of personal information that may affect you. We will notify relevant regulatory bodies within 72 hours of a breach.

XXV. Security Measures to Protect Personal Information by Third Parties

We require that our third party service providers and channel partners agree to keep all confidential information we share with them and to use the information only to perform their obligations in the agreements we have in place with them. These third party service providers and channel partners are expected to maintain privacy and security protections that are consistent with Cutera’s privacy and information security policies.

XXVI. Data Retention and Storage

Cutera retains your information for business purposes, for as long as your account is active, and/or as long as is reasonably necessary to provide you with our products and services. Cutera will also retain your information as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We may also retain cached or archived copies of your information for a reasonable period of time. At any point in time, you can withdraw consent and we will immediately stop processing your data.

XXII. Choice: Your Privacy Rights

Cutera gives you choices about the ways we collect, use, and share your personal information. You can choose what contact and financial information will be stored in your account and preferences. However, if you choose not to provide certain details, some of your experiences with us may be affected. If at any point in time you wish know what data we process about you, you can request to access the information by contacting [email protected] or go to http://pages.cutera.com/Preference-Center-10_Preference-Center.html.

XXVIII. Access to and Correction of Personal Information

Cutera provides you with many opportunities to access and update your personal information. You can ensure that any account, contact, or financial information is up-to-date and can correct, update or delete inaccuracies to the information by contacting the Company. We will respond to your request to access within [x] days. In some cases, however, we may limit or deny your request if the law permits or requires us to do so, infringes on the privacy of other individuals or internal procedures, or if we are unable to verify your identity.

XXIX. Collection of Information from Children

The Company recognizes the importance of protecting the privacy and safety of children. Our website and services are primarily directed towards the general audience and are not directed towards children. We do not knowingly collect information about children under the age of 16 however there are some instances where we may collect information, but we will make sure parental consent is achieved beforehand. A parent or guardian of a child may go to http://pages.cutera.com/Preference-Center-10_Preference-Center.html to request that we delete such information.

XXX. International Transfer of Personal Information

Cutera may share customer information within our family of companies for a variety of purposes, for example to provide you with the latest information about our products and services and offer you our latest promotions. To facilitate our global operations, Cutera may transfer personal data from your home country to other Cutera locations across the world. To protect your personal information, we will only transfer data to countries who provide an "adequate" level of personal data protection. If the data is transferred to counties without 'adequate' protection as determined by the European Parliament, we will use additional safeguards to ensure your data is protected.

XXXI. Questions/Updates to Policy

Inquiry, Compliant, and Dispute Process

In compliance with GDPR, Cutera commits to resolve complaints about your privacy and our collection/use of your personal information. If you have an inquiry or compliant regarding this privacy policy should first contact Cutera at: 3240 Bayshore Blvd., Brisbane, CA 94005, or [email protected]. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.cutera.com for more information and to file a complaint.

Changes to the Data Privacy Policy

Cutera may review and update this Privacy Policy periodically without any prior notice. Cutera will post a notice to its website to inform you of any changes to our Privacy Policy and indicate when it was most recently updated. In the case of material changes that may adversely affect you, the Cutera may provide a more direct way of notifying you of changes to this Privacy Policy.

XXXII. Cutera: Contact Point to Update/Delete Personal Information

You have the right to access and limit the use and disclosure of your personal data. If you would like to express your point of view, challenge an explanation of data use, or otherwise obtain further information, contact [email protected]. If at any time after registering for information, your personal information changes, notify us and we will update your contact information. Please note, at any time, if you desire to obtain or transfer your information, we will provide you with your personal data in a structured and commonly used electronic format.

XXXIII. Location of Data Processing/Storage

Any personal information collected about EU data subjects via our websites is processed in the United States by Cutera or by a third party acting on our behalf. When you provide personal information to Cutera, you consent to the processing of your information in the United States. Our websites are generally hosted in the United States.

XXXIV. Applicable Regulations - California Privacy Rights

California Civil Code Section 1798.83 permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected] or write us at 3240 Bayshore Blvd., Brisbane, CA 94005.

XXXV. GDPR Rights

At any point in time, you can confirm your data is being processed and request to access your data. If you wish to access/confirm you data is being processed, please contact [email protected] or go to http://pages.cutera.com/Preference-Center-10_Preference-Center.html.

Right to Consent

Before collecting and using your personal data, Cutera will obtain consent. At any point in time, you can revoke consent and Cutera will stop using and processing your personal data.

Right to Erasure

You have the right to request Cutera erases all of your personal data on a number of grounds, including if the data is no longer necessary for its original purpose or if you withdraw consent. If Cutera receives a request, we will inform all third parties who have the data of this request. For additional information on when you can request data erasure, please contact [email protected] or go to http://pages.cutera.com/Preference-Center-10_Preference-Center.html.

Right to Rectification

If any personal data is inaccurate or incomplete, you can request Cutera corrects the data. When this occurs, Cutera will notify third parties who have access to the data of the change. If you wish to alter your data, please contact [email protected].

Right to Restrict Processing

Even if personal data is still stored by a company, now or in the future, you can request Cutera stops using or processing your data. If you wish to restrict data processing, please contact [email protected] or go to http://pages.cutera.com/Preference-Center-10_Preference-Center.html.

Right to Object

You have the right to object to your personal data being processed for profiling, direct marketing, scientific research, and statistics. If you wish to object, please contact [email protected].

Rights Related to Automatic Decision Making and Profiling

At any point in time, you can contact a Cutera representative to express your point of view, challenge an explanation of data use, or otherwise obtain further information on automatic data processing.

Right to Data Portability

You have the right to transfer your personal data from one electronic processing system to another without being prevented from doing so by Cutera's data processor. Right to Data Portability (Company’s Response) You have the right to transfer your personal data from one electronic processing system to another without being prevented from doing so by Cutera's data processor. Within one month, Cutera will respond to the request and provide you with the desired information for free in a structured and commonly used electronic format.

Data Breach Response

Security of all information is of the utmost importance for Cutera. Cutera uses technical and physical safeguards to protect the security of your personal information from unauthorized disclosure. We use [insert relevant encryption technology] to keep all information secure. We also make all attempts to ensure that only necessary people and third parties have access to personal information. Nevertheless, such security measures cannot prevent all loss, misuse or alteration of personal information and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. In the case of a data breach, we will notify you of any loss, misuse or alteration of personal information that may affect you.

Terms of Use

Patent

This site contains references to and descriptions of technology for which Cutera has filed for patent protection, including both methods and apparatuses. You are not granted any license to or right in any such technology or any pending patent applications or issued patents in the U.S. or any other country.

Copyright

All content on this site, including text, graphics, logos, icons, images, audio clips, and software available or used in this site, is the property of Cutera or its content suppliers and is protected by U.S. and international copyright laws and treaty provisions. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Cutera and is protected by U.S. and international copyright laws and treaty provisions.

Except as specifically stated, none of the material on this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without Cutera's prior written permission. You also may not, without Cutera's prior written permission, "mirror" or “frame” any material contained on this site. You are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes. Permission is only granted for you to make a single copy of documents published by Cutera on this site solely for informational and non-commercial use within your organization; provided that you keep intact all copyright and other proprietary notices. No other use of the information or content provided on this site is authorized.

Trademark

ACUTIP 500, COOLGLIDE, COOLGLIDE EXCEL, COOLGLIDE XEO, CUTERA, LIMELIGHT, PEARL, PEARL FRACTIONAL, PROWAVE 770, SOLERA, SOLERA TITAN, TITAN, TRUSCULPT, and XEO are trademarks and/or service marks of Cutera in the U.S. and other countries. All other trademarks, service marks, registered trademarks, or registered service marks may be the property of their respective owners. The Cutera trademarks may not be used in connection with any product or service that is not Cutera's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cutera.

Disclaimer

WHILE CUTERA ATTEMPTS TO PROVIDE ACCURATE INFORMATION, THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS AND CUTERA ASSUMES NO RESPONSIBILITY FOR ITS ACCURACY. IN ADDITION, THIS SITE MAY INCLUDE VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT AND CUTERA ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THAT MAY RESULT FROM SUCH VIRUSES. INFORMATION MAY BE MODIFIED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE. HOWEVER, CUTERA DISCLAIMS ANY OBLIGATION OR DUTY TO UPDATE ANY INFORMATION CONTAINED IN THIS SITE.

ALL INFORMATION PROVIDED ON THIS SITE, INCLUDING OPERATION OF THE SITE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS, IS PROVIDED "AS IS, WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CUTERA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

THE INFORMATION ON THIS SITE SHOULD NOT BE CONSIDERED MEDICAL ADVICE, AND IS NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED PHYSICIAN. CUTERA DOES NOT ANSWER SPECIFIC MEDICAL QUESTIONS OR REFER PEOPLE TO A PARTICULAR MEDICAL PROFESSIONAL.

TO THE EXTENT YOU ARE ABLE TO OBTAIN INFORMATION ABOUT A SERVICE PROVIDER THROUGH THE USE OF THIS SITE, CUTERA PROVIDES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, REGARDING SUCH SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO THE SKILL, TRAINING OR ABILITIES OF ANY SERVICE PROVIDER (OR ITS EMPLOYEES OR REPRESENTATIVES). AS WITH ANY AESTHETIC TREATMENT, RESULTS CAN VARY BETWEEN CLIENTS AND TREATMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE OR FROM CUTERA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

YOU ARE ENCOURAGED TO CONFIRM INFORMATION CONTAINED IN THIS SITE WITH OTHER SOURCES.

Limitation of Liability

CUTERA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR INFORMATION PROVIDED ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR LOSS OF USE ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY CUTERA PRODUCT OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF CUTERA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law and Jurisdiction

This site is created and controlled by Cutera in California, USA. As such, the laws of the California, USA will govern these Terms & Conditions, without reference to any principles of conflicts of laws. This agreement and all claims or issues regarding this site, shall be governed according to the laws of the State of California. Any legal action concerning these Terms & Conditions on this site must be brought within one (1) year after the claim or cause of action arises and must be brought in San Francisco, California, USA. Compliance with Applicable Laws and Export Control Laws Use of this site is governed by all applicable federal, state, and local laws. All information available on this site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. No content from this site may be downloaded or otherwise exported in violation of any law. All Cutera products and publications are commercial in nature. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-19.

Links to Third Party Websites

This site may be linked to other Websites that are not under the control of Cutera. Cutera is not responsible for the content of those sites. Cutera is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Cutera of those sites. If you decide to access any such third party Website, you do so entirely at your own risk.

General

Mention of non-Cutera products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. WITH THE EXCEPTION OF THE LIMITED RIGHTS PROVIDED ABOVE, YOU ARE NOT GRANTED ANY LICENSE OR RIGHT IN CONNECTION WITH THIS WEBSITE, INCLUDING ANY LICENSE TO OR RIGHT IN ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, TECHNOLOGY, PRODUCT, PROCESS OR ANY OTHER PROPRIETARY RIGHT.