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Privacy Statement
PLEASE READ THESE TERMS OF USE CAREFULLY
INTRODUCTION
This Privacy Statement describes Kyphon’s
policy regarding the collection of data from users of the Kyphon.com
Web site (the “Web site”). "We," "our," “us” and "Kyphon" mean
Kyphon Inc. and any of its affiliated companies. "You" means
you, the visitor to and user of this Web site. Access and use of this
Web site is at your own risk and is subject to the terms and conditions
set forth herein and all applicable laws, statutes, and/or regulations.
Kyphon may revise this Policy Statement from time to time by updating
this posting. Please review this Policy Statement each time you visit
the Web site.
The information we receive via Kyphon.com, and how we
use it, depends on what you do when visiting our Web site. We collect
and use Non-Personal
Data (information that is not identifiable to you personally) differently
than your Personal Data.
The term "Personal Data" as used in
this Policy Statement refers to information such as your name, e-mail
address, mailing address and
telephone number, which can be used to identify you. Kyphon will not
process your Personal Data without your consent. In processing your
Personal Data,
we pledge to fully comply with recognized standards of privacy protection.
INTENDED USE OF PERSONAL DATA
Our Web site does not generally
require any form of registration, allowing you to visit our without
telling us who you are. However, some of the
Web site’s services may require registration. When you register
with us, you may need to complete certain fields, as well as choose
a user name and password. In these situations, if you choose to withhold
any Personal Data requested by us, it may not be possible for you to
gain
access to certain parts of the site. The Web site processes Personal
Data for specific and limited purposes, which we inform you about when
we ask
you for information. For example, we may collect and use Personal Data
to provide you with products or services or to communicate with you
for other purposes. Information you send to us via the Web site is
otherwise kept private. Kyphon will not knowingly collect, use or disclose
Personal
Data from a minor under the age of 13 without obtaining prior consent
from a person with parental responsibility (i.e. a parent or guardian)
through direct off-line contact. We will provide the parent with (i)
notice
of the specific types of Personal Data being collected from the minor,
and (ii) the opportunity to object to any further collection, use,
or storage of such information. Kyphon abides by the Children's Online
Privacy
Protection Act in the United States.
NONDISCLOSURE OF PERSONAL DATA
Kyphon will not sell,
share or otherwise distribute Personal Data collected via the Web site
to third parties outside Kyphon. However, Personal
Data may occasionally be transferred to third parties who act for or
on behalf
of Kyphon or in connection with Kyphon’s business, for further processing
in accordance with the purpose(s) for which the data were originally
collected. Where disclosure of Personal Data to a third party is likely
or necessary
for whatever reason, Kyphon will, wherever possible, endeavor to ensure
that the disclosure and intended use of the data are clearly indicated.
Such third parties may operate different privacy policies.
NON-PERSONAL
DATA AND “COOKIES”
If you only read or download information
while on our Web site, we do not collect or learn your name, e-mail
address, home address, or
other personal information about you. Our Web site does, however, use "cookies" to
estimate and report site traffic and to help improve the contents of
the site. The information that we collect using cookies is non-personal
information.
Cookies are small data files that are stored on your computer’s
hard drive. They do not damage your computer and cannot be used to
run programs or deliver viruses. The cookies used on Kyphon.com do
not allow
access to users' personal information, but they may be used to identify
individual computers. You have the ability to accept or decline cookies
by modifying the settings of your web browser. If you choose to decline
cookies, you may not be able to fully experience the interactive features
of Kyphon.com or other Web sites you visit. U.S. Government Information
Bulletin (I-034) contains a good description of cookie technology at:
http://www.ciac.org/ciac/bulletins/i-034.shtml.
LINKS TO OTHER SITES
This Privacy Statement applies only
to Kyphon.com and does not include third-party Web sites. Kyphon.com
may contain links to Web sites not
operated by Kyphon. We provide these links for your convenience, but
we do not
review, control, or monitor the content of or materials contained on
them. We are not responsible for those materials or the performance
of those
Web sites or for your business dealings with them. Your use of other
Web sites is subject to the terms of use of those Web sites, including
the
privacy policies of those Web sites.
CHANGES TO THIS POLICY
Kyphon will notify visitors to
this site of any material changes to its Privacy Policy for this Web
site by listing the date and substance
of any material changes following this paragraph:
October 25, 2006:
Privacy Policy adopted and posted. CONTACT KYPHON
If you have any queries or complaints
about our compliance with this Privacy Statement or if you would like
to make any recommendations
or comments to improve the quality of our Privacy Statement, please
contact Kyphon’s Chief Compliance Officer at (408) 548-6500.
EFFECTIVE
DATE
The effective date of this Privacy Statement is October
25, 2006.

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