Privacy Policy

Conformis.com and Conformis.de (each, the “Site”) are owned and operated by Conformis, Inc. and its wholly owned subsidiary, Conformis Europe GmbH, (collectively “Conformis”). Conformis collects personal and non-personal information from Users of Conformis.com and Conformis.de. Conformis is committed to protecting the privacy of its Users. We have created a Data Protection Statement, which complies with the General Data Protection Regulation (GDPR) in Europe, in order to describe and explain to Users our information collection practice on Conformis.com and Conformis.de. This Privacy Policy, including the Data Protection Statement, will be continuously assessed against new technologies, business practices and all federal and global data protection laws.

1. Information We Collect

Our primary goal in collecting information from Users is to provide a Site with integrity and to enable us to provide you with efficient and professional products and services.

In general, Conformis does not collect “personal identifiable information” (PII) about you, except when you knowingly provide such information as the result of the use of one or more of the features of the Site. Although you do not have to provide us with any personal information to visit the Site, you may not be able to fully utilize all of the services on the Site if you choose not to provide certain information. If you do choose to give us personal identifiable information through the Site, we will collect and retain that information in accordance with the above Data Protection Statement.

(a) User Information: To request information concerning our products and services, Users may contact us using our online request form or automated email, where they are required to provide us with User information, including personal identifiable information such as name, entity/practice name, address, telephone number, email and other information. We may also collect other types of non-personal information (information that, by itself, cannot be used to identify or contact you), such as demographic information (your age, gender, income, education, profession, zip code, etc.) and information about your personal interests, which we may associate with personal identifiable information. Furthermore, to access certain features available on the Site, Users must register using our online registration form, where they are required to provide us with User information, including personal identifiable information such as name, address, telephone, email and other information.

(b) Usage Information: We also automatically track certain information about Users based upon their behavior in the Site. Such information may include the URL from the webpage that the User accessed prior to accessing the Site, the URL for the webpage next accessed by the User after leaving the Site, the User’s browser, and the User’s IP address.

(c) Information Not Collected: We will never ask you for personal information such as your social security number, any banking, credit card or credit history information, and such information should not be submitted to Conformis or posted on the Site. For any direct patient payments for Platinum Services, we use third-party services for payment processing. Any payment information is provided directly to our third-party payment processors whose use of your personal information is governed by such third-party’s privacy terms.

2. Third Party Sites

Users may be redirected from the Site to a third party site in order to access such third party’s information, or to use such third party’s online tools. Users may provide that third party with personally identifiable information, or other information which may be requested or collected by such third party. Conformis does not have access to that information, and a User’s disclosure of such information to a third party is at its own risk and subject to such third party’s privacy terms.3. Our Use of Information

Generally, we use information about our Users to analyze Site usage, to improve our content, products and service offerings and to customize our Site’s content, layout, and services to meet our Users’ needs. We use information to process User requests, to contact Users regarding their use of, changes to, or new products or services that we offer, and to do internal research on our Users’ demographics, interests, and behavior to better understand and serve our Users. We may use information to market our products and related services, including special offers and promotions. These marketing and promotional materials may be sent to you by postal mail, email or other means. However, the individual or organization will always be given the opportunity to elect to “opt out” to not to receive further marketing information from us. See Section 8 below for ways to opt out. Finally, we may use your information to complete transactions requested by you.

3. Our Disclosure of Information

Conformis’ policies regarding the disclosure of User information are as follows:

We do not sell, rent or loan User information to any third party.

We will obtain permission before disclosing any User information for a purpose not authorized by a User or this Privacy Policy, including the Data Protection Statement.

We may occasionally aggregate our User information and disclose such information to third parties in aggregate form for a number of business purposes, including running and enhancing the Site. In these situations, we do not disclose any information that could be used to personally identify our Users.

Occasionally, we may disclose User information to third parties we engage to facilitate our services. In such instances, we obligate those third parties to conform to our privacy standards. In addition, our corporate policies require that employees with access to confidential information about our Users may not use or disclose the information except for Conformis’ business use.

Conformis may transfer personal information subject to this Privacy Policy to a purchaser in connection with the sale of all or a portion of its business or assets.

We reserve the right to disclose or report information about our Users in limited circumstances where we believe in good faith that disclosure is required under law, to cooperate with regulators or law enforcement authorities, and to protect the rights, safety and security of Conformis, the Site and our Users. Furthermore, we may disclose User information to enforce our Terms of Use, or enforce contest, sweepstakes, promotions, and/or game rules that we may offer on the Site.

4. Security Measures to Safeguard Information

The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect User information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

5. Cookies

We use cookies to assist us in securing your transactions and to enhance the performance of the Site. We use a common technique, HTTP-header cookies, to identify one page request from another. The cookies the Site creates do not contain any personal information. They merely allow us to recognize that a page request comes from someone who has already logged on. While your browser may allow you to “reject” cookies, the Site requires that you accept all cookies in order for the features and security mechanisms to function fully. Cookies are stored on a User’s hard drive, not on the Site. Cookies are “session cookies”, meaning that they are automatically deleted at the end of a session, or are automatically “timed out” after extended inactivity.

6. Security and Browsers

Any time a User enters information on the Site, we encrypt it using Secure Socket Layer (SSL) technology. SSL protects information as it crosses the Internet. To support this technology, Users need an SSL-capable browser, preferably with strong encryption. Conformis recommends the following browsers: IE11, Edge, Firefox or Google Chrome.

7. Opt-Out Options

There are several methods by which you can exercise your opt-out choices to not receive marketing communications from us: (a) during the registration process on our Site; (b) after registration, by logging on our Site, clicking on our “Privacy Policy” links (going to the Site’s “Member” section), and following the opt-out directions; or (c) by replying with the subject line “unsubscribe” in an email to marketing@conformis.com.

8. Contact Us

If you have any questions or concerns about this Privacy Policy, including the Data Protection Statement, please contact us by email at dataprivacy@conformis.com or by telephone or postal mail as indicated under Contact Us.

9. Changes to this Privacy Policy.

We may update this Privacy Policy to reflect changes to our information practices. If we make any changes to this Privacy Policy, we will notify Users by means of a notice on the Site. We encourage Website Visitors, business contacts, and others to periodically review this page for the latest information on our privacy practices.

10. Effective Date. August 1, 2010; last amended November 17, 2022.