Privacy Policy

Axogen Corporation (together with its subsidiaries and agents, “Axogen”, “we” or “us”) is committed to maintaining the integrity and privacy of your personal information collected through its websites: AxogenInc.com, resensation.com, and rethink-pain.com (“Sites”). This privacy policy (“Privacy Policy”) discloses Axogen’s information collection and dissemination practices in connection with the Sites and applies solely to the information collected through the Sites. This Privacy Policy also identifies your rights with respect to your personal information, all as described in more detail below. By accessing or using the Sites, you signify your acceptance of the terms in this Privacy Policy and use of your data and personal information as described in this Privacy Policy. This Privacy Policy is incorporated into and made part of Axogen’s Terms and Conditions. If you do not agree to any of the terms of this Privacy Policy, you should not use the Sites or disclose any personal information through the Sites.

Axogen may amend this Privacy Policy at any time, by posting the amended version on the Sites and including the effective date of the updated version. All amended terms automatically take effect when they are posted on the Sites and shall only apply to information collected after the date of the change. You agree that notice on the Sites of changes to the policy is sufficient notice. If you do not agree to be bound by the terms of this Privacy Policy or any subsequent modifications, you should not access, use or disclose any personal information through the Sites.

This Privacy Policy was last updated October [27], 2021.

Your privacy and the security of your personal information is, and will always be, important to us. We want to transparently explain how and why we gather, store, share, and use your personal information, as well as outline the controls and choices you have around when and how you choose to share personal information. If we use your personal information, you will have certain important rights which you can exercise. The rights you will be able to exercise will depend on how and why we use your information and the jurisdiction in which you are located.

how to contact us.
You can update your communication preferences and information by clicking the “Update your email preferences” link in emails you receive from us or contacting us at the email or postal address below.

Additionally, if you have any questions or concerns about our use of your personal information, please do not hesitate to contact us through any of the methods listed below.

mail:
Axogen, Inc.
13631 Progress Blvd., Ste. 400
Alachua, FL 32615
Attn: Data Privacy Officer

phone: [888.296.4361]

email: Privacy@AxogenInc.com

information we collect about you.
“Personal data”, “personal information”, or “PII” means any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly — in particular, by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. PII can include your name, address, telephone number and/or email address. We collect information through any correspondence that you provide to us whether through email, mail, phone calls, or through our Sites. Information that you provide might include, but is not limited to, the following: (a) first and last names; (b) mailing address; (c) email address; (d) phone number; (e) company name; (f) health or medical information (g) applicant information and (h) other information that personally identifies you.

We do not consider personal information to include information that can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.

Axogen uses your PII to address your requests for information or services and may use it at some point in the future to fulfill business transactions. Axogen will not sell, rent, or license your PII to third parties or trade your PII with third parties for their own direct marketing use unless we receive your express consent to do so. Unless you give us permission to do so, Axogen will not share your PII other than as specified in this Privacy Policy.

when and how do we collect your information?
Axogen collects your personal information through the Sites both when you choose to provide such information voluntarily and automatically when you use our Sites. Axogen may also collect information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our Sites to you, and prevent or detect fraud. Most of the personal information we receive relates to information or services that you have requested or content you have elected to receive.

In some instances, we automatically collect certain types of information when you use our Sites or correspond with us. Automated technologies may include the use of web server logs to collect IP addresses, “cookies,” web beacons, and similar technologies.

This Privacy Policy does not address personal information that you provide to us in other contacts (e.g., through business or investment relationship not handled through the Sites or information otherwise provided offline). The personal information that you provide to Axogen through the Sites may contain or implicate your health or medical information, such as a diagnosis or health condition. When we share personal information on your request, we may be sharing your health and/or medical information with third party recipient(s). Such information may not be protected by privacy laws when received by the third party.

what information do we collect from you?
For more information about the types of your personal information that we may use and how we use your personal information, see the detailed description below.

Information collected when you elect to receive content through our Sites (such as by signing up for our newsletter or requesting information related to our Sites)
Categories of Information	Description of category
Content Registration Information	This is the personal information that is provided by you or collected by us to enable you to sign up to receive content or information. This may include your name, email address, address, job title and company, phone number, health or medical information and any personal information that you choose to enter into a blank message box.

 

Information collected through use of our Sites
Categories of Information	Description of category
Site Features Information	This is the personal information that is provided by you or collected by us to enable you to use features of our Sites such as quizzes or surgeon locator tools. For patients, this may include your zip code and certain health or medical information (i.e., data involving your medical records, conditions, history, prognosis, and health interests/goals). For healthcare professionals, this may include your name, email address, phone number, job title and company. Some of the personal information we will ask you to provide is required in order to use our Sites. You also have the option to provide us with some additional personal information in order to make the services available through our Sites more personalized.
Site Usage Information	This can be personal information and non-personal information that is collected about you when you are using our Sites, and this may include: Information about the features you have interacted with, your preferences, requests, and responses. Information about your interactions with our Sites which includes the date and time of any information you enter into our Sites, and your interactions with other users of our Sites. Technical data which may include URL information, Cookie data, Web Beacons, your IP address, the types of devices you are using to access or connect to our Sites, unique device IDs, device attributes, network connection type (e.g., Wi-Fi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, and operating system. Further details about the cookie data can be found below. Information from your access or use of any of our pages on social media platforms, such as Facebook, Twitter, Instagram, or LinkedIn (“Social Media Platforms”). We may receive aggregate information and analysis about your usage of our pages on such Social Media Platforms.
Anonymized Information	We use anonymized and aggregated information that may be created or derived from your personal information or usage of the Sites for purposes that include data analysis, improving our Sites, advertising, and developing new features and functionality within our Sites. Such information may be shared on an aggregated basis with our affiliates, business partners, and service providers; if we do so, we will not disclose your individual identity.

Cookie Data
A “cookie” is a small data file that is downloaded onto your computer or mobile device when you use our Sites, used to tailor your use of our Sites and your preferences, authenticate your access, and/or display relevant information. An “anonymous identifier” is a random string of characters that is used for similar reasons as cookies. We may use cookies and anonymous identifiers for different purposes, including to identify returning visitors and tell us things such as how many people have accessed our Sites, the areas and features accessed, for security purposes, and to display content more effectively depending upon the device you are using. We may use cookies to track responses and views of our advertisements or content. There are other technologies that are similar to cookies, such as web beacons, which are also known as tags, pixels and clear GIFs. These technologies function like cookies, and we refer to cookies and these similar technologies collectively as “cookies” for purposes of this Privacy Policy.

You can find more information about cookies at: http://www.allaboutcookies.org.

Some of the cookies we use are temporary and are discarded as soon as you end your session or close your web browser. Other cookies, called persistent cookies, remain on your computer’s hard drive for longer periods of time, after which they expire, or until you delete them. We use both first-party cookies (meaning that we create and place the cookies on your browser when you visit our Sites) as well as third-party cookies (which are placed by other third-party domains such as advertising platforms and used to measure audiences, limit repeat advertisements to use, and customize content or advertising).

Strictly necessary (also known as essential) cookies: Some portions of our Sites require the use of cookies for proper functioning. Anonymous identifiers can be used where cookie technology is not available. You can set your browser to block or alert you about these cookies, but some parts of the Sites will not then work.

Performance Cookies: We use cookies to count visits and traffic sources so we can measure and improve the performance of our Sites. They help us know which pages are the most and least popular and see how visitors navigate our Sites. Information these cookies collect is mostly aggregated and therefore does not identify you; however, some cookie providers may collect and store your IP address or unique ID, which may be used to track your browsing behavior across other sites that we do not control. If you do not allow these cookies, we will not know when you have visited our Sites and will not be able to monitor its performance or make improvements that make it more useful to you.

Targeting Cookies: These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites, both with respect to our Sites and company as well as third parties’ products and services. These targeting cookies do not directly store personal information (such as names or email addresses) but store unique identifiers that identify to us and third parties a particular visitor’s browser and/or device. If you do not allow these cookies, you will experience less targeted advertising.

For more information about how to manage which cookies you allow, please see the “Your rights and options regarding your personal information” section below.

how we may use your information.
We will only use your information for the purposes identified below, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose described here. If we need to use your personal information for an unrelated purpose or if we change the basis on which we are processing your data, we will notify you and we will explain the legal basis which allows us to do so.

In the table below, we have set out the reasons why we process your information, the associated legal basis we rely upon to legally permit us to process your information, and the categories of information (identified in Section 2) used for these purposes:

If we wish to process your existing information for a new purpose other than as stated above, and you are located in the European Union, California or any other jurisdiction that has passed a similar data privacy law, we must inform you of that further processing and provide information surrounding your information’s use.

who we may share your information with.
We do not sell your information to third parties, and we will not do so. As set forth in this Privacy Policy, we may share your personal information with third parties that we engage for business purposes, to help us run our business and the Sites, to assist us with complying with our legal obligations, and for other business purposes described in this Privacy Policy. During the preceding 12 months, we have disclosed each of the categories of personal information listed above for such business purposes. In addition, your information may be accessible to third parties with whom you interact or direct us to share your information, such as surgeons where you request them to reach out to you.

We may share your personal information with the following types of recipients and for the following reasons

Categories of Recipients	Reasons for sharing
Service providers	We use service providers to operate our Sites, software and infrastructure, in particular providers which host, store, manage, and maintain our Sites and their content and the data we process and providers that help us market our products and services. This includes any email marketing or information security service providers.
Data analytics providers	We will share your personal information to create general data analytics regarding usage of our Sites.
Business partners and others	We may share certain of your personal information and information that has been anonymized with third-party partners or others that may use your information for their own purposes, including to build a profile regarding your interests and preferences and to personalize content and advertising to you.
Law enforcement and data protection authorities	We will share your personal information with third parties where required by law (including to respond to valid legal process such as a search warrant or a court order), where it is necessary in connection with our Sites or where we have another legitimate interest in doing so.
Other legal or regulatory authorities	We will share your personal information for us to comply with our legal obligations, including assessing compliance with our regulatory requirements.
Buyer or successor of our business	We will share your personal information with any buyer or successor in the event of a merger, reorganization, dissolution, or other sale or transfer of title.

Additionally, we will share your personal information with third parties where required or permitted by law, where it is necessary in connection with our business and/or to investigate or prevent fraud, abusive or unlawful uses or activities, violations of the terms governing use of the Sites and/or any law, rule or regulation, or to protect the security or integrity of the Sites.

Most of the third parties with whom we may share your personal information are located and store your information in the United States, although some may store your information outside of the United States, the laws of which may differ than those governing your personal information in your country. If you are located in the European Union, and to the extent the data protection laws in such country are deemed by your country to have inadequate data protection, we have put in place certain measures to ensure that your personal information is subject to suitable safeguards in such transfer outside the European Union.

your rights and options regarding your personal information.
If you are located in the European Union, you have the following rights with respect to your data under certain circumstances:

• The right to request access to your personal information and the following information regarding our use of your personal information:
  • The purpose of such use
  • The categories of your personal information that we have used
  • Who we have disclosed your personal information to
• The right to request us to correct any inaccurate personal information concerning you.
• The right to request us to erase your personal information when we no longer need such data in connection with our services or, with respect to “special categories” of personal information, if you withdraw consent to our use of such information.
• The right to withdraw consent to our use of personal information, if we are relying on consent to use your personal information.
• The right to request us to restrict our use of your personal information (e.g., suspend our use of your personal information).
• The right to object to our use of your personal information where we are not using it to perform services you have requested from us.
• The right to receive a copy of your personal information.
• The right to lodge a complaint with the supervising authority of your country.

If you want to exercise any of the rights listed above, please contact us through one of the methods listed in the “how to contact us” section above.

Depending on where you live, you may have certain rights with respect to personal information that we have collected and used under certain circumstances, which may include the following:

• The right to request the following information regarding our use of your personal information:
  • The purpose of such use and the categories of your personal information that we have used
  • The categories of sources for personal information we have collected about you
  • The categories of third parties with whom we have disclosed your personal information
  • If we have disclosed your personal information for a business purpose, a list identifying the personal information categories that each category of recipient obtained
• The right to request us to erase your personal information when we no longer need such information in connection with our Sites (subject to certain exceptions).
• The right to receive a copy of your personal information.
• The right to request correction of your inaccurate personal information.
• The right to opt out of sales or sharing of your personal information.

If you are a resident of California and choose to exercise your CCPA rights, we will not charge you different prices or provide different quality of services unless those differences are related to your personal information or otherwise permitted by law.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. Please understand that we are required to verify your request and may require you to provide some information to enable us to carry out such verification. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

If you reside in a jurisdiction where one or more of these rights are granted to you under applicable law, and you wish to exercise any such right, please contact us by either:

Phone: [888.296.4361]

Email: Privacy@AxogenInc.com

Under California law, individuals that live in California and have provided their information to us may request information about our disclosure of certain information to third parties for their direct marketing purposes. In response to your written request, we will provide a list of the categories of information disclosed to third parties for third party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. If you would like to exercise your rights under California law, please send your written request to the address in the “how to contact us” section above.

Managing Cookies

You may choose to disable cookies or block cookies from specific websites using your browser preferences. Each browser has its own methods for doing this. For detailed instructions on how to disable, block or delete cookies in your browser, consult your browser’s help files or visit How to Manage Cookies.

Please bear in mind that if you block or delete cookies from this website, you may not be able to access or use all parts of our sites.

Please note that our Sites are not set up to respond to Do Not Track (DNT) signals, but they do respond to browser cookies settings. You may opt-out from receiving personalized advertising from some third parties by visiting the US based www.AboutAds.info/choices or the EU based Your Online Choices. Please note that these choices will not opt you out of receiving advertisements. You will continue to receive generic advertisements. Like many websites, we use analytics, including Google Analytics. You may find out more about how Google Analytics collects and processes data by visiting “How Google uses data when you use our partners’ sites or apps” found here. Further, you can elect to directly opt out of Google Analytics using your information by using the opt-out browser add-on, which you can learn about here.

how we safeguard your personal information.

Security of your personal information is of the utmost importance to Axogen. Axogen has established safeguards to reduce the risk of loss, misuse, unauthorized access, disclosure, alteration or destruction, which includes contractual, administrative, physical and technical steps. Technical measures include use of firewall protection and encryption technology where appropriate. Other than third parties with whom we share personal information in connection with our performance of Sites, third parties we engage in our business who may have access to your personal information will only process your personal information on our instructions and they are required to only use your data as necessary to perform their contract with us.

While Axogen is committed to protecting your personal information, please note that information communicated over the Internet is never 100% secure. Any transmission of personal information is at your own risk.

Axogen urges you to take every precaution to protect your personal information when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.

how long we store your personal information.

We may store your personal information as long as you use our Sites to provide you with such Sites and for legitimate business purposes.

We may store your personal information following completion of transactions with you (including where you have requested information or to be contacted by a surgeon) to the extent required to comply with our legal, accounting, or reporting requirements and to provide information about our Sites requested by you. Additionally, we may continue to store your personal information contained in our standard back-ups.

Upon your request, we will delete or de-identify your personal information, unless we are legally required or allowed to maintain such personal information.

referrals/links.

The Sites may contain links to third-party websites that we do not control. If you click on one of these links, please understand that you are leaving our Service and any information you provide will not be covered by this Privacy Policy. Please read those websites’ privacy policies before providing any information. As discussed in Axogen’s Terms and Conditions, Axogen is not responsible for third parties’ privacy practices or content provided on these third-party websites.

children’s privacy.

Axogen understands the importance of protecting children’s privacy in the interactive online world. We do not knowingly collect information from children under the age of thirteen (13) years old. If you are under the age of thirteen (13) years old, please do not use our Sites and do not provide any information to us. For more information about the Children’s Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions

If you think we have collected information from a child under the age of thirteen (13) through our Sites, please contact us through one of the methods listed in Section 1 above. If we learn that we have collected the information of a child under the age of thirteen (13) years old, we will take reasonable steps to delete such information.

special notice to non-U.S. users regarding data transfers.

If you are located outside the United States and are using our Sites, you should be aware that your personal information will be transferred to the U.S., the laws of which may be deemed by your country to have inadequate data protection. If you are located in a country outside the U.S. and submit personal information to us, you consent to the general use and disclosure of such information as provided in this Privacy Policy and to the transfer and/or storage of that information to the U.S.

governing law and jurisdiction.

This Privacy Policy shall be construed, governed, and enforced under the laws of Delaware (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Sites, shall be in federal or state court of competent jurisdiction located in Delaware within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.