Virtual Incision Corporation (“Virtual Incision”, “we”, “us”, “our”, or similar) understands the importance of your privacy and we take our responsibility to protect it seriously. Virtual Incision operates MIRA IQ™, our proprietary technology Services that allows surgeons and staff to access procedure data and other case information collected during surgical procedures using the MIRA^TM Surgery System (“MIRA”). We refer to MIRA IQ as the “App.”

This Privacy Policy (the “Policy”) describes the types of information we collect from you through your access and use of our App, as well as our website located at virtualincision.com, and when you interact with us or communicate with us (collectively, the “Services”).

By providing us with personal information or otherwise accessing or using the Services, including the App, our websites, and any other applications widgets, or chat features, you expressly consent to the information-handling practices described in this Policy. If you do not agree with this Policy, please do not use the Services or provide us with your information.

Important Information About This Policy

While we always aim to provide complete and transparent information about how we process your personal information, we reserve the right to amend or update this Policy from time to time or to create additional policies in order to accurately reflect changed circumstances or new legal requirements.  As a result, it is important that you read this Policy closely so that you are fully aware of how and why we are using your personal information.

To assist us in ensuring that we can provide the most accurate information possible, we ask that you check this Policy for updates. We also ask that where we have an ongoing relationship with you and any of the data you have provided becomes no longer accurate that you keep us informed of this so we can amend our records accordingly.

Information We May Collect or Receive About You

For the purposes of this Policy, “personal information” is any information that identifies, relates to, or can be used to contact a particular individual. The types of personal information we collect include the following categories.

• Contact information – first name, last name, email address (personal or business), telephone number (personal or business), and employer and employment details. SMS Consent or phone numbers are not shared for the purpose of SMS with third parties or affiliates.
• Transactional information – details about your company’s transactions with us, including method of payment, payments received, payment details, transaction history, and other information relating to the services purchased by your company.
• Marketing information – details regarding informational and promotional materials you have requested or received from us, your subscription to receive promotional communications from us, the services you are interested in, and information on your marketing or communication preferences.
• Inquiry information – copies of communications and inquiries you have submitted to us, including through email, calls, and features available on our website (such as chat or chatbot features).
• Job applicant information – If you apply for a job using our website, contact information, information regarding your qualifications and background, educational information, and any other information you provide as part of your application.
• Device and usage information – details regarding how and when you use our Services, including the device used to connect to our Services, your IP address and device identifier, the frequency and duration of your usage, the pages you view, what websites or search terms referred you to our Services, and information about your interaction with our Services.

We collect this information when you access, use, or navigate our Services, fill in forms on our Services, request information via our Services, communicate with us or another user (including by phone, email, chat, or otherwise), participate in surveys or sponsored activities, or otherwise provide us with personal information.

Please note that we may aggregate or anonymize the foregoing types of data such that they are no longer capable of identifying you, in which case they are no longer considered “personal information.”

A. Information Specific to MIRA or the App

In addition to the above, if you are a user of MIRA or the App, we collect the following categories of personal information from or about you:

• Account information – if you are given permission to access and use our App, your username, account password, account number, and other information that we may request or that you may provide relating to your account.
• Case information – with respect to the use of MIRA, the case type, teaching status, non-identifiable information about the individual who is the subject of the case (e.g., BMI), details of case performance (e.g., level of difficulty), and any other details about the case that may be requested as an available “field” in the App.
• Customer support information – details of any communications or inquiries you submit to us, including technical or customer support requests, through email, calls, our software applications, or other features available in our Services.

B. Automatically Collected Usage and Device Information

Like most website and mobile application operators, we use various technologies to automatically collect the following types of information about you.

For example, we use log files to track actions occurring on the website and our App and collect data about visitors, including IP address, browser type, Internet service provider, referring/exit pages, date/time stamps, and device identifiers. This information is used for security purposes and to detect and prevent fraud.

We also use the following technologies in our business:

• Cookies. Cookies are small text files that a website transfers to a visitor’s device or browser for recordkeeping purposes.  Our website uses different types of cookies to, among other things, automatically recognize you when you return to our website, store information regarding your preferences, personalize content for you, provide social media functionality, and analyze our website traffic.   Please note that if cookies are disabled, you may not be able to enjoy certain features of our website.
• Pixels, tags, web beacons and similar technologies. Our website may use other tracking tools, including pixels, tags, and web beacons, which are small electronic images embedded in web content and email messages that are not ordinarily visible to users.  These technologies are small pieces of code that run when a website page or email is loaded. They are used to monitor the behavior of the visitor or email recipient—such as what icons were clicked or whether links in an email were opened—and gather analytics.  Web beacons allow us to track pages and content accessed and viewed by users, as well as to monitor email readership.  We may also use pixels to track visitors.  Pixels work in conjunction with cookies to let us know what portions of our website are of interest to you and to help us provide you with tailored information from our website. If you turn off cookies, the pixels, tags, and web beacons we use may still detect certain information about your interaction with our website and disregard any cookie-prohibitive markers or signals. Note, the vendors that supply us these pixels, tags, web beacons, or similar tracking technologies collect your personal information instantaneously and simultaneous to our collection of such information and they may use the information for their own purposes.
• Analytics. Our website may also use third party analytics vendors such as Google Analytics.  Please click here for more information about how data is collected and processed in connection with the Google Analytics service:   https://policies.google.com/privacy?hl=en.  We use analytics data for a variety of purposes, including to analyze use of our website and improve its design and content.

The information collected through these technologies may be combined with personal information. We may share information about your use of our Services with our advertising and analytics partners, who may combine it with other information that you previously provided to them.

Note, we do not use any of the above technologies in connection with our App for marketing purposes.

C. Information from Other Sources

We may obtain both personal and non-personal information about you from affiliates, business partners, vendors, contractors, suppliers, and other third parties and add it to other information we have collected. We, and the third parties we engage, may combine information we collect from you over time, and across the Services, with information obtained from other sources.  This helps us improve the information’s overall accuracy and completeness, and also helps us better tailor our interactions with you.

How We Use Your Information

We (or the service providers acting on our behalf) use the personal information identified above for the following purposes:

• Negotiating, entering into, and managing our business relationship and agreements with our organizational partners and customers, including providing our products and services to and processing payments from our organizational partners and customers.
• Making MIRA and our App available to individual end users, such as hospital administrative staff and surgeons.
• Providing and optimizing your experience on our Services and ensuring that our content is presented to you in the most effective manner.
• Communicating with you and responding to your inquiries and communicating regarding our Services and other issues.
• Managing customer service issues, including issues relating to the performance of our Services.
• Developing, updating, and improving our services, end user experience, and otherwise improving our knowledge and insights regarding users.
• Preventing and detecting fraud, financial crime, hacking activities, security breaches, and other unlawful activities in connection with the Services.
• Enforcing our agreements with customers or organizational partners, complying with our legal or regulatory obligations, and defending or advancing legal claims.
• If you are a job applicant, to process your application and perform related Human Resources functions.
• Notifying you about changes to our Services, our Terms of Use, or material changes to this Policy.
• Providing you with surveys or otherwise soliciting feedback from you.
• Performing other functions as otherwise described to you at the time of collection or to which you otherwise consent.

For more information about your options relating to your personal information and your communication preferences, see “Your Choices About Collection and Use of Your Information” below.

Disclosure of Your Information

When the information we collect is aggregated, anonymized, or otherwise does not identify you, it is no longer considered “personal information.” We may use such information for any purpose or disclose it to third parties, to the extent permitted by applicable law.

We may disclose your personal information to the following types of third parties:

• Service providers we use to facilitate our business operations and administer our Services. These third parties have access to your personal information only to perform specific tasks on our behalf. For example, our service providers include (i) IT and system administration providers, (ii) data storage providers, and (iii) web hosting vendors. We may also share your information with our third-party vendors whose technologies we leverage to provide certain features in the Services. Note, the technology vendors we use to make the Services available to you via the internet or a mobile application may collect your personal information, on our behalf, instantaneously and simultaneous with us collecting your information.
• If you are a user of MIRA or the App, the healthcare institution that has purchased the ability to use MIRA or the App pursuant to a written contract with Virtual Incision.
• Analytics vendors in order to understand our Services traffic and usage patterns and optimize our Services.
• Regulatory and governmental authorities, law enforcement agencies, and courts, as necessary to comply with applicable laws and regulations, respond to a subpoena, search warrant, or other lawful request for information, or to otherwise protect our rights or the security of our Services.
• Our professional advisors, such as lawyers, accountants, and other similar advisors.
• For job applicants, we disclose your information to third-party vendors necessary for us to evaluate your application, verify your credentials and representations, and assess your suitability for employment with us.
• Buyers or other successors prior to or in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as a part of bankruptcy, liquidation, or similar proceeding, where the information is among the assets being transferred.
• Other parties for any purpose we disclose at the time you provide the information.

Please note, we may use your phone number to communicate with you via SMS text message when you give us permission to do so or where the law allows. While we engage third-party vendors to help us communicate with our customers and business contacts, including via phone, email, and SMS text messages, these vendors are not authorized to use your information, including your phone number, for any purpose other than facilitating our communications with you and providing us their services.

Protection of Personal Information

We use appropriate administrative, technical, and physical measures to protect your personal information from loss, theft, and unauthorized use, disclosure, or modification.  Please be aware that no data transmission over the Internet is 100% secure.  While we strive to protect your personal information, we cannot ensure or warranty the security of any information you transmit to us and you do so at your own risk.

Your Choices About Collection and Use of Your Information

We respect your right to make choices about the ways we collect, use, and disclose your information.  We try to offer you meaningful choices regarding your personal information.  Some choices you have regarding personal information include the following.

• Cookies – Depending on your browser or device, you may have the option to set the browser to accept all cookies, reject all cookies, notify you when a cookie is set, or delete cookies.  Each browser and device are different, so we recommend you evaluate the tools and settings available in your browser or device, as well as any available instructions for the same.  Please note that if you disable or delete cookies, you may not be able to access or use certain features of the Services.
• Declining to Provide Information – You can choose not to provide us with information we may request through our Services, but that may result in you being unable to use certain features of our Services, request information about our services, or initiate other transactions with us.
• Do Not Track Mechanisms – Please note that our Services does not honor “Do Not Track” signals, and such signals will not impact the operation of the Services. 

In addition to the above, you may contact us using the details provided at the end of this Policy with any questions about the choices relating to your personal information.

Children’s Privacy

Our Services is intended for a general audience and is not directed at children under the age of 13. Accordingly, we do not knowingly collect personal information from children under age 13 through the Services.  Should we discover that a child under age 13 provided us with personal information, we will use that information only to inform the child that we must have parental consent before receiving such information.

Rights Afforded to California Residents

California Civil Code § 1798.83 (California’s Shine the Light Act) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your personal information with certain of our affiliates and other third parties for their direct marketing purposes. Please tell us your preference by contacting us at the contact information below.

Changes to this Policy

Please note that we may change this Policy from time to time. If there are changes to our Policy, we will post them here and update the “Last Updated” date at the top of this document. Continued use of this Services after any changes is deemed to be acceptance of those changes. Accordingly, we encourage you to check the Policy periodically for updates.

How to Contact Us

For questions or more information about our privacy practices, or to raise any challenges or concerns, please contact us by e‑mail at info@virtualincision.com.