Welcome to register.motivaimagine.com (the “Site”). Establishment Labs Holdings Inc. (referred to as “Establishment Labs®”, “we”, “us” or “our”, as applicable) provides you with access to the Site subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement’). Please read this Agreement carefully. By accessing or using this Site, you agree without restriction to be bound by this Agreement. If you do not agree to follow and be bound by this Agreement, you may not access, use or download materials from this Site.

Please note that if you are an existing customer or supplier of ESTABLISHMENT LABS®, these terms are not intended to replace or modify those contained in your customer or vendor agreement. In case of an inconsistency, the terms and conditions of your written agreement will prevail over those contained herein. All ESTABLISHMENT LABS® products and services may also be subject to separate terms and conditions which govern their use.

ESTABLISHMENT LABS® reserves the right to update or modify this Agreement at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by this Agreement as revised. For this reason, we encourage you to review this Agreement each time you use this Site. This Agreement was last revised on June 20, 2017.

The Availability of the Site and International Users


The Site is administered by ESTABLISHMENT LABS Holdings Inc., and its contents (the “Content”) are designed to comply with local applicable laws and regulations. Access to the Site and the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Materials published on this Site may refer to products or services that are not available in your country. Consult your local ESTABLISHMENT LABS® office for more information. Furthermore, ESTABLISHMENT LABS® makes no representation that the materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from countries where their contents are illegal is prohibited. You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which you are located.

This Site is Not a Source of Medical Advice


The Content of this Site is presented in summary form, is general in nature, and is provided for informational purposes only; it is neither intended nor recommended as a substitute for professional medical advice. You should not use the Content of this Site for diagnosing a health/fitness problem or disease, or as a recommendation. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this Site is intended to be for medical advice. Never disregard medical advice or delay in seeking it because of something you have read on this Site.

Copyright Notice and Limitation on Use


No use should be made of materials on this Site, except as expressly authorized by this Agreement. All Site Content, including the selection, arrangement and design of the Content is owned either by ESTABLISHMENT LABS® or its licensors and is protected by copyright and other intellectual property laws including the sui generis rights relating to the protection of databases. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content, in whole or in part, including any code and software. You may download Content from the Site for your own personal, non-commercial use only, provided the Content is not modified in any way you keep intact all copyright and other proprietary notices and you include the phrase, “Used with permission of Establishment Labs®” when you display or otherwise use the Content.

Procedures for Claimed Copyright Infringement


We respect the intellectual property rights of others and we ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Legal and Compliance Team (email: legalaffairs@establishmentlabs.com) with the following information:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Trademark Notice


All of the trademarks, service marks and logos displayed on this Site (the “Trademark(s)”) are registered and unregistered trademarks of ESTABLISHMENT LABS®, its affiliates, or third parties. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of ESTABLISHMENT LABS® or the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks found on the Site is strictly prohibited. Please note that the names of the companies and products mentioned on this Site may be trademarks of their respective owners. A complete list of ESTABLISHMENT LABS’s trademarks for each operating segment is provided below.

ESTABLISHMENT LABS® Brands

Public and Unsolicited Information


This Site may provide opportunities to provide ESTABLISHMENT LABS® feedback regarding this Site and our products and other unsolicited submissions (collectively, “Unsolicited Information”). You may only provide Unsolicited Information which meets the requirements of these Terms and Conditions.
ESTABLISHMENT LABS® and its employees do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ESTABLISHMENT LABS’s products or marketing strategies might seem similar to ideas submitted to ESTABLISHMENT LABS®. So, except under the circumstances described above relating to patented ideas or those for which you have filed a patent application, please do not send your unsolicited ideas to ESTABLISHMENT LABS® or anyone at ESTABLISHMENT LABS®.
If, despite our request that you not send us your ideas and materials, you still send them, and in the event you post Public Information on our Site, all such Public Information and all such Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY, and ESTABLISHMENT LABS® and its affiliates are free to use such information for any purpose and in any manner whatsoever.
This Site may present opportunities to post information to public areas of the Site, such as bulletin boards (collectively, “Public Areas”), or to send along comments and feedback (any such information provided, “Public Information”). Although ESTABLISHMENT LABS® may, from time to time, monitor or review the information posted to the Public Areas of the Site, ESTABLISHMENT LABS® is under no obligation to do so, and assumes no responsibility or liability arising from the Content of such Public Areas or the Site in general or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the Site.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law.
ESTABLISHMENT LABS® will fully cooperate with any law enforcement authorities or court order requesting or directing ESTABLISHMENT LABS® to disclose the identity of anyone posting any such material.
Children under the age of 18 should not submit any Public Information or Unsolicited Information containing personally identifiable data.

Links to Other Websites


This Agreement applies only to this Site. This Site may frame or contain references or links to other ESTABLISHMENT LABS® Web sites (the “Other ESTABLISHMENT LABS® Sites”).
Please note that other ESTABLISHMENT LABS® Sites are governed by their specific Terms and Conditions and Privacy Policies. We recommend that you carefully read those documents upon your entry to those other ESTABLISHMENT LABS® Sites.

No Framing Allowed


Elements of this Site are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing, deep linking or mirrors. None of the Content for our Site may be retransmitted without the express written consent of ESTABLISHMENT LABS®. If you are interested in linking to our Site, Contact Us for more information.

Dealings with Advertisers


Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that we are neither responsible nor shall we be liable for loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertiser on the Site.

Account Registration


Some of the functions of this Site may require creation of an account with us. As part of the registration process, visitors will select a User Name and Password, along with registration information, which must be accurate and updated. You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person’s authorization. Failure to comply with the above shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your password.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. You shall notify ESTABLISHMENT LABS® of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.

Site Privacy Statement


Our Privacy Statement is available on this Site and by accessing the Site, you are agreeing to be legally bound by the Privacy Policy. The Privacy Policy in its entirety is hereby incorporated into this Agreement by reference. To read our Privacy Policy, please click here.

Disclaimer of Warranties


THIS SITE CONTAINS INFORMATION CONCERNING ESTABLISHMENT LABS® THAT MAY BE USEFUL TO OUR CUSTOMERS, EMPLOYEES, AND SHAREHOLDERS AS WELL AS TO THE GENERAL PUBLIC. HOWEVER, ESTABLISHMENT LABS® MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SAID INFORMATION.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SITE. ESTABLISHMENT LABS® AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. ESTABLISHMENT LABS® DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.


Limitation of Liability


YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL ESTABLISHMENT LABS®, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF ESTABLISHMENT LABS® OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ESTABLISHMENT LABS® AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.

Forward-Looking Statements


This Site may from time to time contain certain forward-looking statements regarding ESTABLISHMENT LABS’s performance, including future revenues, products and income, or events or developments that ESTABLISHMENT LABS® expects to occur or anticipates occurring in the future. All such statements are based upon current expectations of ESTABLISHMENT LABS® and involve a number of business risks and uncertainties. Actual results could vary materially from anticipated results described, implied or projected in any forward-looking statement. Factors that could cause actual results to vary materially from any forward-looking statement include, but are not limited to: competitive factors; pricing and market share pressures; uncertainties of litigation; ESTABLISHMENT LABS’s ability to achieve sales and earnings forecasts, which are based on sales volume and product mix assumptions, to achieve its cost savings objectives, and to achieve anticipated synergies and other cost savings in connection with acquisitions; changes in regional, national or foreign economic conditions; increases in energy costs: fluctuations in costs and availability or raw materials and in ESTABLISHMENT LABS’s ability to maintain favorable supplier arrangements and relationships; changes in interest or foreign currency exchange rates; delays in product introductions; and changes in health care or other governmental regulation, as well as other factors discussed in this Site in ESTABLISHMENT LABS’s filings with the Securities and Exchange Commission. We do not intend to update any forward-looking statements.

Indemnification


In the event that any legal action is taken resulting from (i) your use of the Content or Site, including your breach of the terms of this Agreement, or (ii) any Unsolicited Information provided by you, you agree to defend, indemnify, hold harmless and pay any reasonable legal and accounting fees without limitation incurred by ESTABLISHMENT LABS®, its affiliates, its and their directors, officers, employees, agents, investors or licensors. ESTABLISHMENT LABS® shall provide notice to you promptly of any such claim, suit, or proceeding. ESTABLISHMENT LABS® shall have the right, at its option and expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on ESTABLISHMENT LABS® without its prior written consent.

General


You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. ESTABLISHMENT LABS® reserves the right to alter or delete material from this Site at any time. this Site is controlled and operated by ESTABLISHMENT LABS Holdings Inc. from its offices within Costa Rica. Any claim relating to, and the use of, this Site are governed by the laws of Costa Rica. By using this Site, you consent to personal jurisdiction in Costa Rica, for any action arising out of or relating to this Site or your use of this Site. Such courts shall have exclusive jurisdiction over all such actions. The United Nations Convention on Contacts for the International Sale of Goods does not apply to this Agreement.
This Agreement constitutes the entire agreement between you and ESTABLISHMENT LABS® with respect to your access to and/or use of this Site. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. All provisions of this Agreement pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of this Agreement for any reason. If any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that closely matches the intent of the original provision. The failure by us to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. All rights not expressly granted herein are hereby reserved.

Introduction

This privacy policy is distributed to you by Establishment Labs® S.A., having its registered address at Coyol Free Zone, B15, Alajuela, Costa Rica (individually "Establishment Labs "), and sets out how ESTA processes as controller and protects any personal data that you give to or are otherwise processed by Establishment Labs® when you use this website (https://register.motivaimagine.com)

If you are located within the EU, please note that European Distribution Center Motiva BVBA, having its registered address at Sint-Jansveld 11 bus A, 2160 Wommelgem, Belgium, VAT BE 0881.512.541 RPM/RPR Antwerp (individually "EDC"), is carrying out the above processing as joint controller (jointly determining the purposes and means of processing of your personal data) with ESTA and is acting as ESTA's representative in the EU.

ESTA, together with EDC as the case may arise, is/are hereinafter referred to as "Establishment Labs®", "we", "us" or "our".

All personal data is stored in a secure data base.

Establishment Labs® is committed to ensuring that your privacy is protected. Should we ask you to provide certain personal data (i.e., any information relating to identified or identifiable individuals) when using this website, then you can be assured that it will only be used in accordance with this privacy policy

This privacy policy describes the types of personal data we collect on this website, for which purposes we use such personal data, with whom we may share the data, and the rights and choices available to you regarding our use of your personal data. This privacy policy also describes how your personal data are secured and how you can contact us about our privacy practices.

Please read this privacy policy before using or submitting any personal data on this website.

By accessing and using this website, you confirm that you have read and that you understand the way Establishment Labs® collects, processes, uses and discloses your personal data as described in this privacy policy.

Please note that before using or submitting personal data on certain sections of this website, such as the Implant Registration section, you may be asked to confirm electronically your understanding and acceptance of this privacy policy by ticking specific boxes. Your affirmative action in ticking any of these boxes and your use of this website signify that you understand – and agree to – the relevant collection, processing, use and transfer of your personal data for the purposes described in relation to this box and in the manner described in this privacy policy.

Our records of your acceptance of this privacy policy, the date thereof, and of all future amendments to this privacy policy, shall be regarded as conclusive and written evidence of your consent.

Establishment Labs® may change this policy from time to time by updating this page and notifying you by e-mail (where appropriate or required by law and to the extent that Establishment Labs® has your e-mail address). You should check this page from time to time to ensure that you agree with any changes implemented. This policy is effective from August 21st, 2018 (latest revision).

Which personal data we collect

Information you provide

We may collect the following personal data about you that you may provide when accessing or using this website:

  • Identification and contact details: name, address, e-mail address and telephone number
  • Data relating to your health: the fact that you are equipped with an implant, procedure dates
  • Data relating to your implant(s): its(their) serial number
  • Data about the warranty program you are subscribed to: date of purchase, type, start date, expiration date
  • Name of your attending surgeon

You may decide not to provide the information requested in the forms or anywhere in this website, but if you refuse, we may not be able to provide you the requested services relating to the creation of your account, the registration of your implants and your participation in any benefits, as well as to comply with our legal obligations, and your data will not be used in the manner described in this document.

Automatic Information Collection

Subject to your consent where required by law, Establishment Labs® and its third-party service providers may use a variety of technologies that collect and provide information about how this website is accessed and used. Such information may consist of your internet browser type, operating system, service provider, the webpages you viewed, the time you viewed them and for how long, demographic information about you (such as your age, gender, language, location and interest areas, where available) and what webpages you looked at before viewing the current page. Establishment Labs® uses this information to get a better idea of how the users interact with this website and then tailor and improve this website accordingly. Such information generally cannot be linked to you individually, but if we can link it to you, we treat it as your personal data in accordance with this privacy policy.

Certain information is gathered by means of cookies. Establishment Labs® uses cookies and similar technologies on this website as described in the "How we use cookies" section below.

For which purposes and on basis of which legal bases we collect personal data

We will use your personal data and information in accordance and conformity with the terms described in the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 and other applicable international and local regulations.

We require the personal data identified in the section "Which personal data we collect" above to provide you with the services you required, comply with our legal obligations and understand your needs and provide you with a better service, and in particular for the following reasons:

Purposes of processing

Legal bases for the processing of "standard" or non special categories of data

Legal bases for the processing of special categories of data (health related data)

Registration of your implant(s) via your account, including internal record keeping, provision of related customer services and responding to your requests

-      Legitimate interests pursued by Establishment Labs® or by a third party in carrying out and organizing our business activities

-      Performance of the contract entered into between you and Establishment Labs® relating to the registration of your implants.

-      Your explicit and free consent

Compliance with mandatory Materiovigilance or other applicable legal requirements, including to contact you if there are any important health information that we are legally required to provide you

-      Compliance with a legal obligation to which we are subject

-      Protection of your vital interests

-      For reasons of public interest in the area of public health, such as ensuring high standards of quality and safety of medical devices, on the basis of EU or Member State law which provides for suitable and specific measures to safeguard your rights and freedoms of the data subject, in particular professional secrecy

Participation in the warranty or insurance programs to which you would subscribe

-      Performance of the contract entered into between you and Establishment Labs® relating to your subscription to determined warranty or insurance programs

-      Your explicit and free consent

To improve our products and services

-      Legitimate interests pursued by Establishment Labs® or by a third party in carrying out our business activities

-      Your explicit and free consent

To send you emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided

This is not applicable for Belgium

-      Your consent to the processing of your data / Legitimate interests pursued by Establishment Labs® to inform our existing customers about similar products or services we provided

-      Your explicit and free consent

To contact you by email, phone, fax or mail for market research or medical research purposes

-      Your consent to the processing of your data

-      Your explicit and free consent

To customize this website according to your interests

-      Legitimate interests pursued by Establishment Labs® or by a third party in offering tailored experience to the users of this website

-      Your explicit and free consent

 

How we may share personal data

For the purposes and based on the legal bases described under the Section "For which purposes and on basis of which legal bases we collect personal data" above, Establishment Labs® may need to disclose and transfer personal data as detailed in this Section.

When required to achieve the above purposes, Establishment Labs® may share personal data:

  • with your prior (explicit) consent or as you may direct;
  • between ESTA and EDC, acting as joint controllers (if applicable);
  • with affiliated companies of Establishment Labs®, primarily for business and operational purposes; a list of Establishment Labs' affiliated companies is available at https://establishmentlabs.com/
  • with our insurance providers, who shall protect your information with the same care and only use your personal data as processors on our behalf and in accordance with our instructions;
  • with our service providers [that provide web-related, data storage, advertising or analytics services to us so that we can administer web servers and store information on a secure database or on back-up disks], who shall protect your information and only use your personal data as processors on our behalf and in accordance with our instructions;
  • when required by law or by the courts or other law enforcement authorities or judiciary authorities of the countries where we have operations.

The above recipients may be located in Costa Rica, Belgium, USA, Brazil, UK, Sweden, Denmark or Norway, which include countries outside the EEA that are not recognized as providing an adequate level of protection. In any case, we will only transfer personal data to recipients that provide an adequate level of data protection or as permitted by data protection laws by implementing appropriate safeguards, including, relevant data transfer agreements based on the EU Commission Standard Contractual Clauses for the transfer of data to third countries (Article 46, 2., (c) of the GDPR as of 25 May 2018. A copy of these appropriate safeguards may be obtained from privacy@establishmentlabs.com  (see further contact details in the Section "How to contact us" below).

Only a limited number of individuals within Establishment Labs® will be granted access to personal data about you on a need to know basis.

Personal data about other individuals

If you provide us with personal data about other individuals, including but not limited to your attending surgeon, you undertake and warrant that you have informed such individuals about the processing, use and transfer of their personal data by us for the purposes and in the manner described in this privacy policy, about their right as described in the "What are your rights" Section below in accordance with applicable data protection laws, as well as to obtain their explicit consent, where necessary, to the processing and transfer of their personal data as set out in this privacy policy.

Security

We are committed to ensuring that your personal data is secure. In order to prevent accidental or unlawful destruction or accidental loss, misuse, unauthorized access, disclosure, alteration or destruction, and against any other unlawful form of processing of personal data as defined by applicable data protection laws, we have put in place – and required that any third-party services providers and/or processors processing personal data on our behalf and under our instructions put in place – appropriate technical and organizational measures to safeguard and secure the personal data we collect and process online or otherwise in the context of your use of this website. Both EDC and ESTA (if you are located in the EU) are responsible for implementing and maintaining such security measures to protect personal data stored on their respective servers, platforms and systems.

However, please note that no electronic transmission or storage of information is 100% secure. Therefore, despite the security measures that we have put in place to protect personal data about you, we cannot guarantee that loss, misuse, or alteration of data will never occur.

 

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and refer to the privacy statement applicable to the website in question.

How long we may keep personal data

Your personal data will not be kept for longer than necessary for the purposes identified herein, or as required to comply with our obligations under applicable law or for the establishment, exercise or defense of legal claims, which can in principle be up to 10 years after the end of your contractual relationship with Establishment Labs® (if any), unless shorter or longer retention periods apply under applicable law.

What are your rights

You, as individual whose personal data is processed as described in this privacy policy, have a number of rights which are summarized in broad terms as laid down in the following list. Please note that exercising these rights is subject to certain requirements and conditions as set forth in applicable law.

If you wish to access personal data about you or exercise any of the rights listed below, please submit a request to ESTA, which is responsible for responding to it, by using the contact details identified in the "How to contact us" Section below. Alternatively, if you are located in the EU, you may also contact EDC at the address mentioned in the Introduction of this privacy policy, which will then transfer your request to ESTA.

Right to withdraw consent: if you have given your consent for any personal data processing activities as described in this privacy policy, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to withdrawal of the consent. If you withdraw your consent to the use of your health data for the purpose of the performance of an agreement between you and Establishment Labs® relating to your subscription to determined warranty or insurance programs, such withdrawal will also be understood as a waiver of any right or claim which exists or may exist, on any program, warranty or coverage which may have been granted under the condition of providing the required information.

Right of access: you have the right to obtain confirmation as to whether or not your personal data is processed, and, if so, to request access to such personal data as well as other information about such processing that are also contained in this policy.

Right to rectification: you have the right to have inaccurate personal data about you rectified or completed if it is incomplete.

Right to erasure ('right to be forgotten'): you have the right to request that we erase your personal data.

Right to restriction of processing: you have the right to request from us that we limit the way we use your personal data.

Right to data portability: you have the right to receive the personal data you provided, in a structured, commonly used and machine-readable form and to transmit that data to another controller or to have it transmitted directly from us to another controller.

Right to object: you have the right to object, on grounds relating to your particular situation, at any time, to the processing of your personal data and we may have to stop processing your data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims. You have the right to object, at any time, to the processing of your personal for direct marketing purposes.

How to contact us

If you have any questions on this privacy policy, or to exercise your rights identified under the Section "What are your rights" above, please contact ESTA by email at privacy@establishmentlabs.com or at the contact address below: https://motiva.health/support/.

Alternatively, if you are located in the EU, you may also contact EDC at the address mentioned in the Introduction of this privacy policy, which will then transfer your request to ESTA.

How we use cookies

This website uses cookies as described below. By clicking "I Agree" on this website cookie banner, you consent to our use of cookies in line with your current cookie setting and in accordance with this privacy policy and to the underlying personal data processing, unless you have disabled cookies in your browser settings.

If you do not agree to our use of cookies in this way, you should set your browser settings accordingly. You will always be able to withdraw your consent and change your choice by amending your browser settings in the future. If you disable cookies, this may impact your user experience while on this website.

What are cookies

Cookies are files or pieces of information that may be stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when you visit this website. A cookie will usually contain the name of the website from which the cookie has come from, the "lifetime" of the cookie (i.e. how long the cookie will remain on your device), and a value, which is usually a randomly generated unique number.

Two types of cookies may be used: "session cookies" and "persistent cookies". Session cookies are automatically deleted at the end of your browsing session. Persistent cookies remain longer on your device, for the duration of each specific cookie, and will remain valid until its set expiry date (unless deleted by the user before the expiry date).

Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website. Cookies do not contain any information that personally identifies you, [but personal information that we store about you may be linked to the information stored in and obtained from cookies].

For what purposes does this website uses cookies?

Many cookies on this website perform essential functions or services you have requested or are used for security purposes, as further described in the section below.

Establishment Labs® uses cookies to make this website easier to use. Cookies may also be used to help speed up your future activities and experience on this website. We also use cookies to compile anonymous, aggregated statistics that allow us to understand how users use this website and to help us improve the structure and content of this website (for example, by monitoring which features of this website are being used, which pages are visited, how often, and what information is downloaded).

What types of cookies does this website use?

The table below summarises the different types of cookies we use on this website, together with their respective purposes and duration.

  • Functional Cookies

Cookie Name

Purpose of the cookie

Duration of the cookie

Cookie banner

This cookie is used to control the appearance of the cookie’s information/consent banner.

Persistent

Preference cookie

This cookie is used to remember a user's choice about cookies on the website.

Persistent

Language cookie

This cookie is used to remember user's language choice on the website.

Persistent

Country cookie

This cookie is used to remember a user's choice of country/ location (to keep it for next visit, for example).

Persistent

Authentication cookie

These cookies are used to identify unique visitors to the website. These cookies allow us to remember users so that we can provide users with access to pages personal to them, for example, personal account pages. These cookies help maintain your visit secure.

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  • Analytics Cookies

Cookie Name

Purpose of the Cookie

Duration of the Cookie

Google Analytics

Cookies with names beginning _ut

Common Google Analytics cookies are, _utma, _utmb, _utmc, and _utmz.

Google Analytics is a web analytics service provided by Google, Inc. ("Google"). These cookies are used to collect information about how visitors use the website. We use the information to compile reports and to help improve the website. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the website from and the pages visited.

More information can be found at http://www.google.com/analytics/learn/privacy.html

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  • Third-Party Cookies

Cookie Name

Purpose of the Cookie

Duration of the Cookie

Google Adsense

We publish Google Adsense interest-based advertisements on this website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour across the web using cookies. You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager, available at: http://www.google.com/ads/preferences/
http://www.google.com/privacy_ads.html

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DoubleClick DART Cookie

Use of the DART cookie enables to serve ads to users based on their visit to this website and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL - http://www.google.com/privacy_ads.html

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Atlas Ad Serving

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atlas dmt

This cookie is used to collect information about the marketing activity and the sales driven from this activity. We use the information to compile reports and to help to improve this website and marketing activity. The cookies collect information in an anonymous form, including the number of clicks to the site from marketing activity, where the clicks have come from and the number of sales.

Used to personalize web pages to the preferences of each user, gather demographic information about how many users visit the page and how long they spend viewing it, monitor which banners are displayed to the user and how long.

More information can be found at: http://atlassolutions.com/privacy-policy

Persistent

When you visit this website, you may receive cookies from third-party websites or domains. We do not control the placing of these cookies and you should check the relevant third party's website for more information about these cookies. The relevant third party is responsible for providing you with information regarding the cookies they place and obtaining your consent before placing cookies on your device.

How can you control, delete or withdraw your consent to the use of cookies?

If you wish to withdraw your consent to our use of cookies on this website, or if you wish to delete or control the placing of cookies on your computer, you can change your browser settings to block cookies or to alert you when cookies are being sent to your device. There are a number of ways to manage cookies. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings at:

If you disable the cookies that this website uses, this may impact your experience while on this website – for example, you may not be able to visit certain areas of this website or you may not receive personalized information when you visit this website.

You can also delete cookies already stored on your computer.

Again, doing this may have a negative impact on the usability of many websites.