Privacy Policy

Updated July 3, 2023:

PhotoniCare, Inc. Privacy Policy

THIS IS THE OTOSIGHT MIDDLE EAR SCOPE OFFICIAL PRIVACY POLICY. PLEASE TAKE THE TIME TO READ IT CAREFULLY, AS IT CONTAINS DETAILS OF WHAT INFORMATION WE COLLECT ABOUT YOU AND HOW IT IS USED.

PhotoniCare, Inc. (“”OtoSight Middle Ear Scope,” “OtoSight,” “us” or “we”) values the privacy of our users, members, and others (collectively or individually “Users”) who visit and use https://photoni.care and its associated websites and services (collectively, the “PhotoniCare Site”). This statement governs information you provide to us or that we learn from your use of the PhotoniCare site and tells you how we may collect and use information, the circumstances in which we disclose or share information, and how you can access, update or delete certain information we have collected about you. This online Privacy Policy applies only to information collected through the PhotoniCare site and not to information collected offline.

The Information PhotoniCare, Inc. Collects
User Provided Information: You may provide to PhotoniCare, Inc. what is generally called “personally identifiable” information, such as your name and e-mail address, when you register, email us, or provide information on the Contact Us site. In addition, PhotoniCare, Inc. may give you the option to provide us with certain demographic information about yourself, to upload photographs or other personally identifiable information about you, and to allow us to determine your physical location. Unless you voluntarily provide or send us personally identifiable or location information, we will always ask your permission before collecting your personally identifiable or location information. If you provide or submit your personally identifiable or location information to us we will provide you with the ability to review, update and/or delete your personally identifiable or location information, subject to our obligations to comply with legal, regulatory, internal audit and record-keeping requirements. To update and/or delete your personally identifiable or location information you have on file with us, please send an email to [email protected].

“Automatically Collected” Information: When you visit the PhotoniCare site or open one of our HTML emails, we may record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your Internet Protocol address (“IP Address”), web browser type, the web pages or sites that you visit just before or just after the PhotoniCare site, the pages you view on our site, and the dates and times that you visit.

“Cookies” Information: We and our operational service providers and others who host the PhotoniCare site often use technology that can recognize, collect and/or transmit information that is associated with the device you use to access and otherwise interact with the OtoSight Middle Ear Scope® Site. Although the term “cookie” specifically refers to a small text file that is stored on a User’s computer for record-keeping purposes, we use the term “cookie” to refer generically to any technology that can recognize, collect and/or transmit information about your visits to the PhotoniCare site. This type of information includes such data as the Internet or web domain that referred you, the type of operating system and browser you are using, the date and time of your visit, data relating to activities on the PhotoniCare site(e.g., so-called ‘clickstream’ data) and other technological attributes about your visit to the PhotoniCare site. This information is used to analyze trends, administer the PhotoniCare site, track user movements on the site, and gather aggregate demographic information about visitors so we can continually improve the site. Cookies also allow PhotoniCare to recognize your computer or access device each time you visit and cookies can keep count of how often you return. Cookies can also track how you use the PhotoniCare site and your preferences for features and functions, and cookies can store information such as your user name and password so that you don’t have to re-enter them each time you return to visit.

When you visit the PhotoniCare site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer. PhotoniCare, Inc. uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the PhotoniCare site. By using these cookies, we can “remember” what you have done on the PhotoniCare site before and personalize our site for you. These persistent types of cookies can be removed. You can disable or turn the cookie feature off by changing the settings on your Internet browser and you can also change the settings to stop your browser from automatically accepting cookies. Each web browser implements different functionality, so please refer to the manuals or technical support resources that are available in conjunction with your web browser to learn the correct way to modify your cookies set-up. If you are using the PhotoniCare site in a jurisdiction where your prior consent is required for us to deploy any particular cookies, you will be asked to accept such cookies before they are deployed. Please note that disabling cookies or declining to accept certain cookies will prevent you from accessing some of the functionality and site offerings available, and may also require you to re-enter certain information each time you visit or attempt to use the site.

The Way PhotoniCare, Inc. Uses Information
PhotoniCare, Inc. uses the information that we collect to provide to you all of the features and services found on the PhotoniCare site. We may use your email address for marketing purposes, unless you have expressly notified us that you prefer for us not to use your email address for any specific marketing purposes (“opt-out”). Where required by applicable law, we will seek your prior consent to use your email for marketing purposes. While you may opt-out (or withhold consent, as applicable) from such marketing use, you may not opt-out from our use of your email address for non-marketing or administrative purposes such as automatic notifications of recent account activity, or notifying you of major site updates.

PhotoniCare, Inc. may use all of the information that we collect from our Users to (a) respond to User requests or inquiries, (b) complete User purchases, (c) improve our customer service, (d) provide customer support, (e) administer a contest, promotion, survey or other feature, (f) send Users periodic communications, news or other updates, (g) understand usage trends and preferences, (h) improve the way the PhotoniCare site works and looks, (i) improve our marketing and promotional efforts, and (j) create new features and functionality.

As part of this process, we may use Google Analytics (or a similar service) to provide us with aggregated information about how Users interact with the PhotoniCare site, and may set cookies and/or use web beacons for this purpose. The information gathered by the Google Analytics software (including any personally identifiable information about you) will be sent to Google where it will be stored and used by Google in accordance with its own privacy policy rather than ours. Please review the Google Privacy Policy http://www.google.com/policies/privacy/ or contact Google for more information.

When PhotoniCare, Inc. receives information from you, we store it on servers that may be located in a country, state, province or other jurisdiction that is different from the jurisdiction where you are located. By using the PhotoniCare site, you consent to our transfer of that information to such other jurisdictions; if you are located outside the United States, your consent includes your consent to our transfer and storage of your information to and in the United States.

PhotoniCare, Inc. may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the OtoSight Middle Ear Scope® Site; (b) provide custom, personalized advertisements, content and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed.

PhotoniCare, Inc. may use your email address or other personally identifiable or location information to send promotional or marketing messages except for those specific programs or features for which you will have the ability to opt-out, or where we are required to seek your consent under applicable law. We may also use your personally identifiable or location information to perform contractual obligations we owe to you, to protect our legal interests, to process your payments to us, to comply with the law and as you may otherwise authorize us to do.

When PhotoniCare, Inc. Discloses Information
PhotoniCare, Inc. may disclose both personally identifiable and automatically collected information to affiliated companies or other businesses or persons to process such information on our behalf, to provide website maintenance and security, to offer certain features on the PhotoniCare site, to assist us in improving the way the site works and looks, and to create new features. We require that these parties agree to process such information in compliance with our Privacy Policy, we use reasonable efforts to limit their use of such information, and we require these parties to use any other appropriate confidentiality and security measures.

PhotoniCare, Inc. may share automatically collected and other aggregated non-personally-identifiable information with interested third parties for their use and distribution for their business purposes, including without limitation for the purposes of assisting them in understanding the usage patterns for certain content, services, advertisements, and promotions.

We may share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent, except with respect to any specific program or feature for which you will have the ability to opt-out, or where we are required to seek your consent under applicable law.

We may disclose your personally identifiable information if we believe in good faith that such disclosure is necessary (a) to comply with laws or to respond to subpoenas, court orders, warrants or other legal demands or to establish or defend PhotoniCare, Inc. from legal claims; (b) to protect and defend our rights or property, you, or third parties from fraud, abuse, illegal act or violations of our Terms and Conditions s; (c) to protect the safety or integrity of PhotoniCare, Inc., its Users, the public or other parties as it is deemed appropriate, in our sole discretion; or (d) in a merger, acquisition, change of control, joint venture or other business combination. You hereby consent to our sharing your personally identifying information under the circumstances described herein.

Except as otherwise noted in this Privacy Policy, PhotoniCare, Inc. does not share personally identifiable information about Users with third parties unless doing so is appropriate to carry out a User’s request or it reasonably believes that doing so is legally required or is in PhotoniCare, Inc.’s interest to protect its property or other legal rights or the rights or property of others.

Choice/Opt-Out
The PhotoniCare site provides you with the opportunity to affirmatively opt-out of receiving communications from us and our partners at the point where we request information about you. The PhotoniCare site gives you the option to end our use of your information, and to cease receiving or otherwise having access to future communications or services. Opt-out by sending an email to [email protected].

Third-party Advertisers, Links to Other Sites
PhotoniCare, Inc. may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the OtoSight Middle Ear Scope® Site. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements and links that appear within the OtoSight Middle Ear Scope® Site. They may automatically receive your IP Address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.

PhotoniCare, Inc. may provide personally identifiable information to these third-party ad servers or ad networks except as part of a specific program or feature for which you will have the ability to opt-in, or where we are required to seek your consent under applicable law. Also, please note that if an advertiser asks PhotoniCare, Inc. to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach.

You should consult the respective privacy policies of these third-party ad servers or ad networks. PhotoniCare, Inc.’s Privacy Policy does not apply to, and we cannot control the activities of, such other ad servers or ad networks or their websites.

Our Commitment to Data Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure sockets layer (SSL) (SSL) technology and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be illegally or improperly accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. Also be aware that third parties who provide services to us have their own security systems and procedures, and your information may be transmitted to equipment operated by those third parties in the course of using the PhotoniCare site. We cannot, and do not, guarantee the effectiveness of the security systems and procedures of those third parties.

If PhotoniCare learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the PhotoniCare site or providing personally identifiable information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the PhotoniCare site. PhotoniCare, Inc. may post a notice on the PhotoniCare site if a security breach occurs. If this happens, you will need a web browser enabling you to view the PhotoniCare Site. PhotoniCare, Inc. may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us via email at [email protected].

Special Note to California Users
A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.
As stated earlier in this Privacy Policy, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the particular user or visitor’s permission. Whenever a user or visitor to the PhotoniCare site agrees to allow us to collect personal information, we provide that person with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by contacting us at: [email protected]

Because the PhotoniCare site has a comprehensive privacy policy and provides you with details on how you may opt-in or opt-out of the use of your personal information by third parties for direct marketing purposes, we are not required to provide you with the third party list contemplated under California’s Shine the Light law. In addition, if you are a resident of California you have additional rights pursuant to the California Consumer Privacy Act that went into effect on January 1, 2020.

Special Note to International Users
The PhotoniCare site is hosted in the United States. If you are a User accessing the PhotoniCare site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as other countries, and by providing your personal data you consent to: (a) the use of your personal data for the uses identified above in accordance with this Privacy Policy; and (b) the transfer of your personal data to the United States as indicated above.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

In the Event of Merger or Sale
If PhotoniCare, Inc. should ever file for bankruptcy or have its assets sold to or merge with another entity, information PhotoniCare, Inc. receives from you through the PhotoniCare site is a PhotoniCare, Inc asset and may be transferred to another party; however, in the event of such a transfer, we will require that the transferee agree to honor this Privacy Policy, as it applies to Users prior to the effective date of any such transfer, unless we are legally prohibited from doing so.

Changes and Updates to this Privacy Policy
PhotoniCare, Inc. reserves the right, at our discretion, to change, modify, add, or remove portions of this Privacy Policy at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Updated ” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check this Privacy Policy periodically for changes. Your continued use of the PhotoniCare site after the posting of changes constitutes your binding acceptance of such changes.

Contacting PhotoniCare, Inc.
If you have any questions, comments, or concerns about this Privacy Policy, please email us at [email protected]