Privacy
Policy
Last updated: December 10, 2020
ONWARD Global Privacy Policy
Welcome to the website of ONWARD, Inc. (“ONWARD”, “we”, “us” and/or “our”). ONWARD is a company that specializes in developing and commercializing targeted, programmed stimulation of the spinal cord (“Research”) through clinical trials, including the ARCEX and ARCIM Systems. Our website (“Site”) allows you to easily access and use content, including features, resources and other information intended to help you learn about ONWARD’s Research, our technological developments, and to provide information about our latest developments and marketing information for investors, researchers, and potential study participants, among others.
ONWARD intends to process Personal Data in accordance with applicable data protection privacy principles, including applicable laws and regulations in the countries where we conduct clinical trials and where we have operations. ONWARD understands the importance of privacy and the protection of Personal Data and is committed to ensure an adequate level of data protection for everyone ONWARD collects data from. This includes:
• Research participants and their caregivers;
• healthcare professionals and researchers;
• users of our products and services, including website users;
• contractors, vendors and business partners;
• representatives of the scientific community; and
• job applicants.
This Privacy Policy explains ONWARD´s general data handling practices for all data processing, including what Personal Data (defined below) we collect from users when you visit our website or request information about a clinical trial and through the Site, how we use and share that data, and your choices concerning our data practices. This Privacy Policy forms part of our Terms of Use, which are available at www.onwd.com/terms-of-use Research participants should read this Privacy Policy in conjunction with any informed consent forms, privacy notices, or trial documents that have been provided to you in relation to the collection, use, and transfer of your Personal Data. Research participant privacy notices describe in more detail how research participant Personal Data will be processed in relation to the study, including the types of Personal Data collected, the purposes and legal bases of processing, processing methods, your rights with respect to your Personal Data, how long ONWARD may retain your Personal Data and biological samples (if any), potential international data transfers, if Personal Data will be shared with third parties and specific security measures to protect Personal Data.
By providing us with your Personal Data when engaging with the Site or participating in Research, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access or use the Site or participate in Research.
Information We Collect and How We Use It:
I. Research Participants
Information We Collect: When you participate in Research, we collect information that, alone or in combination with other information, could be used to identify you (“Personal Data”), described below.
Personal Data You Provide Us. Our Research Partners (defined below) collect the information that you provide when you choose to enroll in Research, including your name, email address, address, and contact information, that alone or in combination with other information, could be used to identify you (“Personal Data”). Personal Data includes demographic information, such as racial or ethnic origin, gender, age, religious or philosophical beliefs, or information specifying the participant’s sex life, and may include medical or health conditions. [For purposes of this Policy, Personal Data collected by our Research Partners will be de-identified before it is provided to us to mask the identity of any individual data subject.] Personal Data will also be provided to our Research Partners including without limitation the investigators who running our trials and the site where the trial is being conducted. Our Research Partners’ use of Personal Data is governed by our contracts with them and the Research Partner’s own privacy policies. Each Research Partner will have its own privacy policy and its privacy practices may differ from the practices described in this Privacy Statement. In the United States, we are not responsible for the privacy policies or privacy practices of Research Partners or other third parties. EU participants should view the European Users section below for more on our obligations and controls related to third party processors. If Personal Data that could allow us to identify you are transferred to Us, it is our policy to delete the information as soon as it is identified.
How We Use Research Participant Personal Data and Our Legal Bases for Processing:
To conduct Research, including performing drug development research and Research-related activities such as reporting to industry regulators. For Research purposes, ONWARD relies on reasons of public interest in the area of public health and your consent to process your Personal Data, as well as your express consent.
• Please note the following: As a participant in Research, you may instruct Us to discontinue collecting data by withdrawal of consent;
• However, in order to safeguard the validity of the Research and comply with regulatory obligations related to clinical trials, your research data cannot be deleted even if you decided to stop participating in the Research;
As necessary for certain legitimate business interests, including as necessary to send administrative information to you, for example, information regarding the Research trial, changes to, or termination of the Research; and
As necessary to comply with legal obligations or regulatory obligations and legal process, including (a) comply with legal obligations and legal process; (b) respond to requests from public and government authorities including public and government authorities outside your country of residence; (c) enforce our Terms of Use, contracts and other agreements; (d) protect our operations or those of any of our affiliates; (e) protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain, as required or permitted by the law.
ONWARD may, on a case-by-case basis, rely on other legal grounds, such as the protection of your vital interests, in accordance with applicable data protection law, as set forth in elsewhere in this Privacy Policy or other applicable privacy notice.
II. Site Users
Information We Collect: When you engage with the Site, we collect information that, alone or in combination with other information, could be used to identify you.
Personal Data You Provide Us. We collect Personal Data that visitors to the Site send to us electronically, for example when completing any “free text” boxes in our forms (such as on our “Information Request” or “Contact Us” page), requesting information or subscribing to emailing lists. While the type of data we collect depends on the nature of the inquiry, it typically includes name and email address.
Automatically Collected Data. When you use or interact with the Site, the following information is created and automatically logged in our systems:
• Log Data: Information (“log data”) that your browser automatically sends whenever you visit the Site. Log data includes your IP address (so we understand which country you are connecting from when you visit the Site), browser type and settings, the date and time of your request, and how you interacted with the Site.
• Cookies: Information from cookies stored on your device. Please see the “Cookies” section below (Cookies) to learn more about how we use cookies and other technologies.
• Device Information: Includes type of device you are using, operating system, settings, unique device identifiers, network information and other device-specific information. Information collected may depend on the type of device you use and its settings.
• Usage Information: Information about how you use our Site, such as the types of content that you view or engage with, the features you use, the actions you take, the other users you interact with and the time, frequency and duration of your activities.
How We Use Site Personal Data and Our Legal Bases for Processing:
As necessary for certain legitimate business interests, which include the following:
• To authenticate users and provide access to the Site;
• To respond to your inquiries and fulfill your requests for products, services, and information;
• To provide, maintain and improve the content and functionality of the Site. For example, we regularly fix bugs or user experience issues that may be tied to particular user accounts. We use cookies to analyze how users interact with our Site, and that analysis can help us build a better Site;
• If you ask us to delete your data and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing;
• To prevent fraud or criminal activity, misuse of our products or services, and ensure the security of our IT systems, architecture and networks; and
• To (a) comply with legal obligations and legal process; (b) respond to requests from public and government authorities including public and government authorities outside your country of residence; (c) enforce our Terms of Use; (d) protect our operations or those of any of our affiliates; (e) protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain, as required or permitted by the law.
With your express consent, where you have clearly consented to ONWARD’s processing of your Personal Data. In practice, this will generally mean that ONWARD will ask you to sign a document, or to fill-in an online “opt-in” form or take other steps where you either clearly accept or refuse the data processing we describe.
To perform a contract between you and ONWARD or its representative, including to provide services you request.
To comply with a legal obligation applicable to ONWARD’s activities; for instance, ONWARD is required to implement procedures to monitor adverse effects of marketed products or products being tested in clinical trials, which generally involves the collection and retention of Personal Data.
ONWARD may, on a case-by-case basis, rely on other legal grounds, such as the protection of your vital interests, in accordance with applicable data protection law, as set forth in elsewhere in this Privacy Policy or other applicable privacy notice. For individuals in the European Union (“EU”), please see the “European Union (EU) Users” section below for more information about your rights.
Sharing and Disclosure of Information
We may share or disclose your information at your direction, such as when you authorize a third-party service to access your account or when you voluntarily share information or content via the Services.
There are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, unless your consent is required by law, as set forth below:
• Vendors, Service Providers, and Research Partners: To assist us in conducting Research and to perform certain Research services and functions, including providers of clinical trial operations services such as trial site personnel, investigators, clinical research organizations (“CROs”), and others conducting Research-related activities on our behalf (“Research Partners”); providers of administrative services such as email communication (including appointment reminders, investment information you request through the Site) and Site support services; to assist us in meeting business operations needs and to perform certain services and functions; and analytics (for more details on the third parties that place cookies through the Site, please see the “Cookies” section below). For example, we use Google Analytics to understand how our Site is used, and [WEBHOST NAME] for hosting. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.
• Business Transfers or Acquisitions: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.
• Legal Requirements: If required to do so by law, including US and applicable EU member state or United Kingdom law, or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect and defend our rights or property, (c) act in urgent circumstances to protect the personal safety of users of the Site or the App, or the public, or (d) protect against legal liability.
Data Retention
We will keep your Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g. for regulatory reporting including to government entities who may oversee the safety and efficacy of Research, legal, tax, accounting or other purposes), whichever is the longer. For Personal Data collected as part of Research, unless otherwise required in order for us to comply with industry regulations or law, we will only retain your Personal Data for at least two years after our medical device candidate has been approved by regulators, or at least two years after an application for approval has been withdrawn.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Update Your Information
If you need to change or correct your Personal Data, other than the Personal Data collected through your participation in Research, or wish to have it deleted from our systems, you may contact us. We will address your request as required by applicable law. In the event you wish to correct or change your Personal Data as a Research participant, please contact the site or Privacy Representative. You may also request that we update your Personal Data by contacting us at privacy@ONWD.com. EU Users should read the section European Union (EU) Users below for more on your data access rights.
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California Privacy Disclosure
Do Not Track Signals: The Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.
European Union (EU) Users
Scope. This section applies if you are an EU User (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway).
Data Controller. ONWARD is the data controller for processing Personal Data provided to us through your interactions with the Site and your participation in Research. To find out our contact details, please see the “Contact Us” section below, which also provides the contact details of our UK representative for purposes of the UK Data Protection Act of 2018 as amended (“UK GDPR”).
If you are an individual in the EU, and would like to contact ONWARD’s Data Protection Officer on matters related to the processing of Personal Data, or otherwise exercise your rights in respect of your personal data (described below), please contact privacy@ONWD.com.
Your Rights. Subject to applicable EU law, you may have the following rights in relation to your Personal Data that we hold about you, depending upon whether the Personal Data was collected for Research purposes or through use of our Site, and depending upon the EU member state in which you reside:
• Right of Access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of all Personal Data you are lawfully entitled to receive along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
• Right to Rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
• Right to Erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent, where applicable. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly. However, due to the public interest in the availability of clinical trial data, this right may not apply to Personal Data collected during Research.
• Right to Restrict Processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly. If you are a clinical trial Research participant, you may not be able to restrict the processing of Personal Data.
• Right to Data Portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by us by automated means. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere. However, this right may not apply to Personal Data from Research participants.
• Right to Object: You may ask us at any time to stop processing your Personal Data, and we will do so:
- If we are relying on a legitimate interest to process your Personal Data -- unless we demonstrate compelling legitimate grounds for the processing or
- If we are processing your Personal Data for direct marketing.
• Right to Withdraw Consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
• Rights in Relation to Automated Decision-making: You have the right to be free from decisions based solely on automated processing of your Personal Data, (including profiling) unless this is necessary in relation to a contract between you and us or you provide your explicit consent to this use.
• Right to Lodge a Complaint with the Data Protection Authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
Please see the “Contact Us” section below for information on how to contact us to exercise your rights.
Children in the EU: The Site is not directed to EU data subjects who are children who are under the age of 16. ONWARD does not knowingly collect Personal Data from children who are under 16. If you have reason to believe that a child under the age of 16 has provided Personal Data to ONWARD through the Site please contact us and we will endeavor to delete that information from our databases.
Children in The US:
The Site is not directed to children who are under the age of 13. ONWARD does not knowingly collect Personal Data from children who are under 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to ONWARD through the Site please contact us and we will endeavor to delete that information from our databases.
Links to Other Websites
This Privacy Policy only applies to the Site and our conduct of Research. The Site may contain links to other websites not operated or controlled by ONWARD (“Third Party Sites”), including social media services such as Facebook, Twitter, YouTube, Vimeo, or LinkedIn (“Social Media Services”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. We do not own, control or operate such linked sites, and we are not responsible for the privacy policies or practices of such linked sites. By providing these links, we do not imply that we endorse or have reviewed these sites. Privacy policies and practices for such linked sites may differ from this Privacy Policy and our practices. We encourage you to read the privacy policies of such linked sites before disclosing personal information on Third Party Sites.
Cookies
Our Site uses cookies to operate and administer our Site and make it easier for you to use the Site during future visits and gather usage data on our Site.
What Are Cookies. A “cookie” is a piece of information sent to your browser by a website you visit. By choosing to use our Site after having been notified of our use of cookies in the ways described in this Privacy Policy, and, in applicable jurisdictions, through notice and unambiguous acknowledgement of your consent, you agree to such use.
Some cookies expire after a certain amount of time, or upon logging out (session cookies); others remain on your computer or terminal device for a longer period (persistent cookies). Our Site uses first party cookies (cookies set directly by ONWARD) as well as third party cookies, as described below. For more details on cookies please visit All About Cookies.
Type of Cookies Used. The Site uses the technologies described below.
Strictly Necessary Cookies
We use cookies that are strictly necessary to provide users with access to the Site and to use some of their features, such as the ability to log-in and access to secure areas. These cookies are essential for using and navigating the Site. Without these cookies, basic functions of our Site would not work. Because these cookies are strictly necessary to deliver the Site, users cannot opt out of their deposit.
We also use a cookie to record when a user has agreed to the cookie consent banner.
Optional Cookies
We use “analytics” cookies that allow us to recognize and count the number of visitors and to see how visitors move around the Site when they are using it. This helps us to improve the way our Site works, for example by making sure users are finding what they need easily. These cookies provide us only with anonymous traffic data (like number of page views, number of visitors, and time spent on each page). These cookies may also allow us to track how often posts on third party websites, such as social media sites, are clicked on.
Optional cookies are deposited on our Site by Google as part of our use of Google Analytics. These cookies help to provide you with content that may be tailored to your interests and to recognize you across different media. To learn more about how Google Analytics collects and uses personal data, please refer to their privacy policy, which can be accessed here: Google Privacy Policy. To opt out of being recognized by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout. You may also opt out by downloading and installing an opt-out add-on for your web browser.
The Site uses other analytics cookies provided by third parties similar to the Google Analytics cookies and also include links from the site to plug-ins (such as social media services) and from sites or applications operated by Third Party Sites. We do not control any Third Party Sites and are not responsible for any information they may collect.
Your Choices. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
• Microsoft Edge
• Mozilla Firefox
• Google Chrome
• Apple Safari
Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.
If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.
Other Terms and Conditions
Your access to and use of the Site is subject to any additional terms applicable to such Site that may be posted on the Site from time to time, including without limitation, ONWARD’s Terms of Use at www.onwd.com/terms-of-use. If you enroll, your participation in Research is subject to any additional terms applicable to such Research, including without limitation, any informed consent to participate in Research you may have executed or privacy notice you may have received.
Changes to the Privacy Policy
The Site, our Research, and our business may change from time to time. As a result, we may change this Privacy Policy at any time and when we do we will post an updated version on this page and change the Last Updated date above, unless another type of notice is required by the applicable law. You should consult this Privacy Policy regularly for any changes. By continuing to use the Site or participate in Research, or providing us with information after we have posted an updated Privacy Policy, or notified you if applicable, you consent to the revised Privacy Policy and practices described in it.
International Users and Data Transfers
ONWARD is based in the European Union and has operations in the United States. If you are accessing our Site, or participating in Research, from or in the European Union or other regions with laws governing data collection and use, please note that your Personal Data will be transmitted to our servers in the United States as necessary to for your participation in Research, provide you with the information that you requested, administer our contract with you or to respond to your requests as described in this Privacy Policy, and the data may be transmitted to our service providers supporting our business operations (described above). The United States may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located. Where we transfer your Personal Data out of the EU we will take steps to ensure that your Personal Data receives an adequate level of protection where it is processed and your rights continue to be protected.
Data Security
We have implemented a variety of commercially reasonably and industry standard technological and organizational procedures and measures to ensure the integrity and confidentiality of your Personal Data from unauthorized access, use and disclosure.
Exclusions
This Privacy Policy shall not apply to any unsolicited information you provide to ONWARD through your use of the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All such Unsolicited Information shall be deemed to be non-confidential and ONWARD shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Contact Us
Please feel free to contact us if you have any questions about ONWARD’s Privacy Policy or the information practices of the Services.
You may contact us as follows: You may send an email to privacy@ONWD.com or send mail to:
ONWARD Medical BV
Attention: Privacy Officer
High Tech Campus, Building 32
5656 AE Eindhoven
Netherlands
