INNOVATION

This Privacy Policy aims to illustrate the means and purposes of the processing of personal data carried out by Orthofix Srl, in its quality of data controller (hereinafter the “ Controller” or the “ Company”), in connection and through the website www.fixyouridea.com (hereinafter the “ Website”).

Please note that this Policy shall apply to anyone who navigates and/or uses the Website, or otherwise interacts with the contents and services accessible through the Website (hereinafter the “ User”).

The processing of personal data of the Users will take place full compliance with the applicable data protection legislation, including the Regulation (EU) 2016/679 (the “ GDPR”).

1. REDIRECT TO OTHER WEBSITES

The Website incorporates links which allow you to connect to other websites run both by other companies of Orthofix Group and by third parties. The Company assumes no responsibility regarding the processing of personal data which may take place through and/or in connection with third-parties’ websites.

Therefore, each User who accesses such web pages and/or social platforms through the Website must carefully read the relevant privacy policies in order to better understand how their personal data will be processed by the third parties which, as autonomous controllers, will provide and manage such websites.

2. CATEGORIES OF PERSONAL DATA COLLECTED

(A) Traffic data

The computer systems and software procedures used to operate this Website need to acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols.

This category of data includes: IP addresses, browser type, operating system, the domain name and website addresses from which you are logged in or out, the information on pages visited by User within the Website, the time of access, time period of User's staying on a single page, the internal path analysis and other parameters regarding the User's operating system and computer environment.

This technical / IT data is collected and used only in an aggregated and not immediately identifiable manner and can be used to ascertain liabilities in case of hypothetical crimes committed within or against the Website or upon competent authorities’ request.

(B) Personal data provided directly from User

There are few sections of the Website (e.g. “Request for information”, “Customer Service” and “Newsletter”) which allow the collection only of those personal data which the User will decide to share with the Company. It remains understood that, in this case, the Controller must collect the data provided by the User in order to fulfil the requests received. Accordingly, if the User prefers that the Controller does not collect his/her personal data, he or she is invited not to send any request.

In any event, the Users will always be free, after having read this Policy in order to understand in detail how and for which purposes their personal data will be processed by the Company, to share his/her own data by filling out the specific forms available on the Website.

3. PURPOSES OF THE PROCESSING

The Website has been designed with the main goal of providing information – and therefore as an interactive window – regarding the activities, products and services offered by the companies belonging to Orthofix Group. This is the reason why, in most cases, the collection of the User's personal data is not required.

In any case, according to the principles set forth by the GDPR, the Website is also set to minimize the collection of personal data, as well as to exclude the processing of such data in all cases when the purposes described hereunder can be achieved with different means and/or by anonymous data.

Your personal data will be processed by the Company for the sole purposes of:

1. allowing an appropriate navigation on the Website;
2. allowing the Users to better explore and get more information regarding the activities, services and products offered by the Company and other legal entities of Orthofix Group;
3. answering and fulfilling the Users’ requests;
4. to run the recruitment process and collect the CVs delivered through the Website;
5. to comply with obligations provided for by applicable laws and/or requests or orders made by competent authorities;
6. delivering promotional newsletter regarding the products and services of the Company.

Should the data be collected in the future also for purposes other than those described above, it will be duty of the Company, on one hand, to provide adequate information to the User relating to such new purposes in order to enable transparency and user awareness and, on the other hand, ensure that that a valid legal basis (such as the User’s consent) exists, where needed, to undertake the relevant processing.

4. LEGAL BASIS OF THE PROCESSING

The provision of personal data by the User - unless otherwise noted - is optional, but it must be highlighted that in case of refusal to make some data available to the Company, it could be impossible to fulfill the User’s request or provide certain specific services (such as the newsletter).

The processing activities listed from a) to e) above do not require the acquisition of the User’s consent, as they are based on different legal bases, i.e. the need to perform and provide the services which have been directly requested by the User and the need to ensure compliance with a legal obligation applicable to the Controller.

On the contrary, the although sending promotional newsletters requires the User's registration, the Company will not be able to deliver this kind of communication in absence of the User’s prior specific consent.

5. METHODS OF THE PROCESSING AND DATA SECURITY

The personal data are collected and processed lawfully and fairly, for the above purposes and in accordance with the fundamental principles established by the applicable legislation.

Processing operations may take place both manually and electronically, or by information technology tools, always under technical and organisational measures that ensure the security and confidentiality of the data, especially in view of reducing the risks of accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to the personal data or, more generally, processing that is not compliant with the purposes of the collection.

The processing will be carried out under the authority of the Controller only by those subjects who have been duly authorized to access and process the data in accordance with the instructions provided for by the Company and the applicable data protection laws and regulations.

6. COMMUNICATIONS TO THIRD PARTIES

The personal data collected through the Website will not be shared or communicated to third parties, unless upon specific consent of the User.

Should the data be made available by the Company to third-party suppliers or partners (such as service providers, mail carriers, hosting providers, IT companies, communication agencies) in order to enable them to perform specific services connected to or necessary for the fulfilment of the purposes listed above, it will be responsibility of the Controller to appoint such third parties as data processor by virtue of their capacity, experience and reliability and to provide them with specific instructions regarding the security of the data. The updated list of appointed data processors can be accessed at any time by sending a written request to the Company, as specified below.

It remains understood the Users’ personal data must be communicated to third parties, such as public or judicial authorities, to comply with binding orders and request, as well as with applicable legal provisions.

7. DATA RETENTION

Personal data collected by the Website will be kept in a format that allows User’s identification for no longer than necessary to fulfill the purposes for which the data have been originally collected and, in any case, within the time limits set forth by applicable laws and regulations, as well as to enforce or protect the rights of the Controller (consistent with the retention periods and statutes of limitations provided for by the law), where necessary.

When no longer necessary in accordance with the above, the data will be cancelled or anonymized.

8. COOKIES (CROSS-REFERENCE)

To get more detailed information regarding the installation and use of cookies by this Website, please refer to the applicable cookie policy .

9. TRANSFER OF DATA ABROAD

Given the international nature of the Controller’s business activities, the data will be transferred and so processed abroad, still for the sole purposes described above, by the companies belonging to Orthofix Group which are established both inside and outside the territory of the European Union (mainly in the U.S.).

In all cases when the data will be transferred to non-EU countries, the relevant transmission will be subject to specific data protection guarantees, as required by the law, e.g. through the adoption of Standard Model Clauses as approved by the European Commission, or other equivalent safeguards.

10. DATA SUBJECTS’ RIGHTS

The User can at any time exercise his/her rights, including:

1. accessing his/her personal data, obtaining evidence of the purposes pursued by the Controller, the categories of data involved, the recipients to whom they may be disclosed, the applicable storage period, the existence of automated decision-making processes;
2. having incorrect personal data referred to him/her rectified without delay;
3. having his data erased in the cases provided for by the law;
4. obtaining restrictions to processing, where possible;
5. requesting portability of the data provided to the Controller, e. receiving them in a structured, commonly used and machine-readable format, also for transmitting such data to another controller, without any hindrance by the Company, in all situations where it is required by the law in force;
6. lodge a complaint to the competent Supervisory Authority.

To exercise these rights, or for any further information and/or clarifications, please write to [email protected]

11. DATA CONTROLLER

The Data controller is Orthofix Srl, a company duly incorporated under the Italian law, with registered office at Via Vittor Pisani 16, Milan (Italy).

The Data controller may be contacted by writing to [email protected]

12. POLICY UPDATING

The Controller shall have the right to amend and/or integrate this Privacy Policy over time in order to comply with new legal provision and/or include new services. For this reason, each User is invited to periodically visit this page.

Below is highlighted the date when the last version of this policy has been uploaded.

Last Update: May 25, 2018

GENERAL CONDITIONS OF USE
Art. 1 Definitions
1.1 The following expressions will have the meanings attributed to them here for the purposes of these general conditions:
The Website: the website "www.fixyouridea.com."
Company: the company Orthofix Srl, with registered offices at Via Vittor Pisani no.16, 20124 Milan (Italy), and business premises at Via delle Nazioni no. 9, 37012 Bussolengo (VR), Italy.
Idea: an idea regarding development of new orthopedic devices and solutions.
User: the User who accesses the Website as a single individual and, through the function provided, submits his or her Idea to the Company, in his or her own name.
Art. 2 Purpose of the Website
2.1 The Website is a platform allowing Users to submit Ideas to the Company with the purpose of contributing to the study and development of new orthopedic devices and solutions.
2.2 Submitting an Idea does not result in formation of any relationship of any kind or with any content between the User and the Company other than that regulated by these general conditions.
Art. 3 Access to the Website
3.1 The Website permits anyone aged 18 or over to submit an Idea to the Company.
3.2 To submit an Idea, the User must use the function provided on the Website, according to the obligatory procedure described therein.
3.3 Specifically, the User will be required to accept these general conditions and the confidentiality agreement, to confirm that he or she has read the personal data processing notice, and to provide all the data required by the Website and identified as obligatory.
3.4 The User guarantees the truthfulness and accuracy of the data provided, which must be personal and real, and not belong to another person or be made up.
3.5 If the User declares that he or she is acting on behalf of a corporate entity, organization or association, the User will be asked to specify, under his or her own exclusive responsibility, the qualifications by which he or she is authorized to do so.
Art. 4 Confidentiality and exclusiveness – Intellectual property rights
4.1 The Company will be required to comply with the confidentiality requirement identified in a separate confidentiality agreement in relation to the User.
4.2 The User declares and guarantees that, at the time of submission to the Company, the Idea has not been disclosed to any third parties, and likewise agrees not to disclose the Idea to third parties after submitting it to the Company and not to develop the Idea himself or herself or through an intermediary until the process of assessment of the Idea has been completed and, in all cases, for the entire duration of the confidentiality agreement.
4.3 By submitting the Idea to the Company, the User grants the Company, and the Company reserves the right to use, free, exclusive, irrevocable rights to use and development of the Idea, or a part thereof, with no limitations on timing or methods. The Company will likewise be entitled to economic exploitation of any devices or solutions implemented through development of the Idea, even in part.
Art. 5 Development of the Idea
5.1 The process of assessment and potential development of the Idea will proceed in the following stages:
i) The Company will conduct a preliminary assessment to determine whether it would be advisable to take into consideration the Idea received;
ii) If the outcome of this assessment in point i) is positive, the Company will conduct a second assessment, aimed at determining the suitability of the Idea for industrial development;
iii) If the outcome of this assessment in point ii) is positive, the Company will consider whether it may expect reasonable positioning on the market of the product or solution developed out of the Idea and, if this assessment is positive, proceed with development using the resources at its disposal.
5.2 If the outcome of this assessment in point 5.1.iii) is positive, the Company will contact the User to assess and agree on the subsequent steps in development of the Idea and any payments that may be made to the User, to be determined on the basis of company policy at the time of submission of the Idea.
Art. 6 Payment
6.1 It being understood that submission of the Idea and granting of the rights to its development and application take place free of charge, the Company may grant the User a payment to be determined on the basis of company policy at the time of submission of the Idea.
6.2 In all cases, the provisions of point 6.1 do not entitle the User to any rights or expectations in this regard.
Art. 7 User’s obligations and guarantees
7.1 The User must use the Website for the purposes identified in art. 1, and, in all cases, for lawful purposes, without infringing anyone else’s rights in any way.
7.2 The User guarantees the truthfulness and accuracy of the data and information provided and agrees to notify the Company of any changes in this information.
7.3 All statements are made by the User under his or her own exclusive responsibility, with an obligation to protect the Company and relieve it of any damaging consequences that may result from these statements.
7.4 Specifically, in submitting an Idea, the User declares and guarantees that:
i) the Idea is the User’s own, and, in all cases, the User is entitled to all rights to the use and exploitation of the Idea, and grants these rights to the Company;
ii) the Idea and submission thereof do not infringe anyone else’s rights in any way.
7.5 Considering that the Company, based on the User's declarations and guarantees, will not perform a preliminary or subsequent check whether the submission of the Idea infringes anyone else's rights, it is the sole responsibility of the User to immediately notify the company in writing, should the User become aware of any risk at all that submission of the Idea may have infringed someone else’s rights after submitting it.
7.6 In any case, the User must protect and relieve the Company of any damaging consequences and/or obligations to pay compensation that may arise for the Company in relation to use of the Website and submission of the Idea by the User.
Art. 8) Personal data processing
8.1 The User’s data will be stored by the Company for the purposes and by the methods specified in the notice provided to the User under art. 13 of Legislative Decree no. 196/03.
8.2 The above remaining in effect, the User may not disclose others’ personal data to the Company, including sensitive data, except for data
on corporate entities, organizations, or associations of the type identified in art. 3.5.
Art. 9) Applicable law and jurisdiction
9.1 These general conditions, the relationship regulated by them and the interpretation thereof are subject to the Italian law.
9.2 The Court of Verona shall have exclusive jurisdiction over any disputes regarding the existence, interpretation, and application of these general conditions and the relationship regulated by them.
Art. 10) Changes to the general conditions
10.1 These general conditions may be changed at any time, without any obligation of prior or subsequent notification; the relationship with the User shall be regulated by the general conditions accepted by the User.
10.2 The up-to-date version of the general conditions will always appear on the Website.
Art. 11) Miscellanea
11.1 The Company reserves the right to deactivate the Website at any time, without advance notice and without entitling Users or other persons to make claims or demands of any kind, continuing the relationship already established with Users who have submitted their Ideas.

CONFIDENTIALITY REQUIREMENT
(art. 4.1 of the General Conditions)
1. Preamble
1.1 This agreement refers to the relationship regulated by the General Conditions (link to) for use of the website “www.fixyouridea.com” and to which the definitions contained therein will apply, in art. 1.
2. The Company’s obligations
2.1 The Company is obliged to keep the User’s Idea (and documents about it) confidential for one year after the Idea and the documents are submitted.
2.2. In no case will the obligation identified in point 2.1 apply to data, information and/or documents that are part of the public domain at the time they are disclosed to the Company or that become part of the public domain after they have been disclosed to the Company for reasons not attributable to the Company.
2.3 The provision contained in art. 2.1 will also apply to the Company’s employees and assistants of all kinds performing their work in the assessment and development of the Idea.
3) Exclusions
3.1 The obligation identified in art. 2.1 does not apply to any ideas which, at the time they are sent by the User, are already entirely or partly the subject of analysis and/or development by the Company, even if through a third party, which the Company is therefore free to use without any obligations to the User.
3.2 The confidentiality requirement identified in art. 2.1 will in all cases cease to apply one year after the Idea is submitted. After this, and, as far as the User is concerned, only if the process of development of the Idea under art. 5.1 does not have positive results, the Company and the User
reserve the right to disclose the Idea to third parties or companies in the Orthofix Group, who may freely use it and enjoy all rights to it.
4. Applicable law and jurisdiction
4.1 This confidentiality agreement is subject to Italian law.
4.2 The Court of Verona shall have exclusive jurisdiction over any disputes that may arise regarding its validity, efficacy, interpretation or execution.