Privacy Policy for California Residents

This Privacy Policy for California Residents supplements the information contained in AtriCure's Privacy Notice which can be found on the internet at https://www.atricure.com/privacy-notice and applies solely to all employees, visitors, users, and others who reside in the State of California ("consumers" or "you"). AtriCure has adopted this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Notice of the categories of personal information that are collected specifically from our website and application users by AtriCure and the purposes for which that information may be used can be found here.

Information AtriCure Collects

AtriCure is committed to protecting personal information. AtriCure collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information").

In particular, AtriCure has collected the following categories of personal information from California consumers within the last twelve (12) months. This does not mean that all examples of that category of Personal Information were in fact collected but reflects our good faith belief to the best of our knowledge that types of personal information that fall into that category were collected about consumers:

  • Identifiers. Examples of this category of personal information include a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples of this category of personal information include a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
  • Protected classification characteristics under California or federal law. Examples of this category of personal information include age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.
  • Commercial information. Examples of this category of personal information include records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Biometric information. Examples of this category of personal information include physiological information or other identifier or identifying information, such as, fingerprints, faceprints, and exercise data.
  • Internet or other similar network activity. Examples of this category of personal information include browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
  • Geolocation data. Examples of this category of personal information include physical location or movements.
  • Professional or employment-related information. Examples of this category of personal information include current or past job history or performance evaluations.
  • Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Examples of this category of personal information include education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
  • Inferences drawn from other personal information. Examples of this category of personal information include profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

AtriCure obtains the categories of personal information listed above from the following categories of sources:

  • Directly from consumers’ interactions with us, including with our devices, applications, websites, services, and representatives.
  • Publicly available sources.
  • Customers, including health care providers and insurance providers.
  • Organizations with whom we partner to provide services to consumers.

How AtriCure Uses Personal Information

AtriCure may use or disclose the personal information collected for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information in order to or as part of a purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • For business purposes necessary to facilitate employment such as the processing of applicants, payroll, and the providing of benefits.
  • To conduct audits and perform troubleshooting activities of our websites, products, and services and to maintain security of our websites or applications.
  • To improve and personalize consumer access to and experience on our websites or applications, for example, by telling consumers about new features, products, or services that may be of interest to them.
  • To create, maintain, customize, and secure your account with us.
  • For U.S. healthcare providers, to link name, National Provider Identifier (NPI), state license number, and/or IP address to web pages they visit, for compliance, marketing, and sales activities.
  • To contact consumers with information that might be of interest to them, including information about clinical trials and about products and services of ours and others.
  • For activities to monitor and maintain the quality or safety of our products and services.
  • To comply with a law or regulation, court order or other legal process.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

AtriCure will not collect additional categories of personal information or use the personal information collected for materially different, unrelated, or incompatible purposes without providing you notice.

How AtriCure Shares Personal Information

AtriCure may disclose your personal information to a third party for a business purpose. AtriCure does not sell personal information. When AtriCure discloses personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who receive the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, AtriCure has disclosed the following categories of personal information for a business purpose:

  • Identifiers. Examples of this category of personal information include a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples of this category of personal information include a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
  • Protected classification characteristics under California or federal law. Examples of this category of personal information include age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
  • Commercial information. Examples of this category of personal information include records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Biometric information. Examples of this category of personal information include physiological information or other identifier or identifying information, such as, fingerprints, faceprints, and exercise data.
  • Internet or other similar network activity. Examples of this category of personal information include browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
  • Geolocation data. Examples of this category of personal information include physical location or movements.
  • Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Examples of this category of personal information include education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
  • Inferences drawn from other personal information. Examples of this category of personal information include profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

AtriCure has disclosed for a business purpose each category of personal information it collected in the last 12 months to the following categories of third parties:

  • Service providers.
  • Our parent or subsidiary companies.
  • Operating systems and platforms.
  • AtriCure Affiliates.
  • Internet cookie data recipients, like Google Analytics.
  • Social networks (with your permission)
  • Government and regulatory entities.

Your Rights Under California Law

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

  1. Right to Access:
    1. If you are a California consumer, you have the right to request, twice in a 12-month period, that AtriCure disclose certain information to you about our collection and use of your personal information over the past 12 months. Once AtriCure receives and confirms your verifiable consumer request, AtriCure will disclose to you:
      1. The categories of personal information we collected about you.
      2. The categories of sources for the personal information we collected about you.
      3. Our business or commercial purpose for collecting or selling that personal information.
      4. The categories of third parties with whom we share that personal information.
      5. The specific pieces of personal information we collected about you (also called a data portability request).
      6. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
        1. Sales (if any), identifying the personal information categories that each category of recipient purchased; and
        2. disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  2. Right to Delete
    1. If you are a California consumer, you have the right to request that AtriCure delete any of your personal information that AtriCure collected from you and retained, subject to certain exceptions. Once AtriCure receives and confirms your verifiable consumer request, AtriCure will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
    2. AtriCure may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
      1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
      2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
      3. Debug products to identify and repair errors that impair existing intended functionality.
      4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
      5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
      6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
      7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
      8. Comply with a legal obligation.
      9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
  3. Exercising Access, Data Portability, and Deletion Rights
    To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
    1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative which may include providing email or phone verification, known consumer information, or other information needed to verify your identity depending on the sensitivity of the information.  Such verification may require a notarized declaration that you are the consumer whose personal information is the subject of the request. An authorized agent will need to complete the verification process, including the submission of proof that it has been designated to act on your behalf. For access and deletion requests made by an authorized agent on your behalf, we will require the authorized agent verify that it has your permission to submit access and deletion requests on your behalf.
    2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

      We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.
      We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
  4. Calling us at 833-938-2723.
    Emailing us at privacy@atricure.com.
    Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
    You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
  5. Right to Non-Discrimination.
    California consumers have the right to exercise their access, deletion, and other rights without discrimination, and to receive transparent disclosures about any incentives a business offers them with regard to the collection, use and disclosure of their personal information. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
    1. Deny you goods or services.
    2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    3. Provide you a different level or quality of goods or services.
    4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

      We do not offer financial incentives for collection and/or retention of personal information.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, up to 45 days, we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Other California Privacy Rights

California Civil Code Section § 1798.83 entitles California residents to request information concerning whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. To make such a request, please Contact Us on this website. Be sure to include your name and address. If you would like a response via email, please include an email address. Otherwise, we will respond by postal mail within the time required by law.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which AtriCure collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, or if you are a consumer with a disability and need a copy of this notice in an alternative format, please do not hesitate to contact us at:

Phone: 833-938-2723
Website: https://www.atricure.com/contact-us-usa
Email: privacy@atricure.com
Postal Address:  AtriCure, Inc.
Attn: Compliance Department
7555 Innovation Way, Mason, OH 45040
 

Policy No.: POL-002-009P
               Version No.: 01
Last Revised On: June 25, 2020
Last Reviewed On: June 25, 2020