ACT against Afib (“ACT”) is a website built and maintained by AtriCure, Inc. (AtriCure) a medical device company that provides innovative solutions designed to decrease the global atrial fibrillation (Afib) epidemic. Our first responsibility is to the patients and customers we serve and as part of that service, ACT is committed to safeguarding your privacy.
Website Privacy Notice
AtriCure, Inc. (“AtriCure”) is a medical device company that provides innovative solutions designed to decrease the global atrial fibrillation (Afib) epidemic. Our first responsibility is to the patients and customers we serve and as part of that service, AtriCure is committed to safeguarding your privacy.
This Privacy Notice (“Notice”) explains our information practices and the choices you can make about the way your Personal Data is collected and utilized throughout this website. This Notice does apply to all personal data we collect about job applicants, customers, suppliers and website visitors. We collect, use, disclose and otherwise process Personal Data that is necessary for the purposes identified in this privacy statement or as permitted by law, including the European General Data Protection Regulation (GDPR).
AtriCure complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. AtriCure has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
The table below contains a number of definitions of the terminology used in this Privacy Notice.
|You||Our website users, including job applicants and health professionals that use our website.|
|GDPR||The European General Data Protection Regulation, EU 2016/679. The GDPR is effective per 25 May 2018.|
|Criminal Personal Data||Any Personal Data that provides information on persons’ criminal convictions or offences|
|Controller||The legal person, administrative body or any other entity which, alone or in conjunction with others, determines the purpose of and means for Processing of Personal Data.|
|Processor||The person or body which processes Personal Data on behalf of the Controller, without being subject to the Controller’s direct control.|
|Personal Data||Any information relating to an identified or identifiable natural person (e.g. a person whose identity can be established reasonably without disproportionate effort by means of name, address and date of birth). By way of example but not limitation, video and voice recording is also Personal Data if the video images or the voice recording is identifiable to a natural person. If financial data (such as bank statements) relate to an identifiable natural person, such information is considered Personal Data.|
|Processing of Personal Data||Any operation or any set of operations concerning Personal Data, including in any case the collection, recording, organisation, storage, updating or modification, retrieval, consultation, use, dissemination by means of transmission, distribution or making available in any other form, merging, linking, as well as blocking, erasure or destruction of Personal Data|
|Special Categories of Personal Data||Any Personal Data that provides information on persons’ religious or philosophical beliefs, race, political opinions, health, sexual life, genetic data, biometric data for the purpose of uniquely identifying a living person or membership of trade unions.|
What is Personal Data?
Personal data means any information relating to an identified or identifiable natural person, such as a name, address, email addresses and emails, voice and video recordings, or a copy of a passport but also financial data or copies of emails and contracts, provided that such information relates to a natural person.
Which Personal Data do we collect and process about you?
This Privacy Notice describes the collection of Personal Data through our websites. Through our websites we may collect Personal Data of:
- Visitors to our websites, when contacting us via email or through online forms
AtriCure respects the privacy of visitors to our website and as such, you may browse many areas without providing any Personal Data. Should you choose to contact us, you will be asked to provide your contact information, including your name, email address and phone number. Our Cookie notice is listed below.
- Licensed medical professionals, through dedicated parts of our website
Certain dedicated areas of the AtriCure website contain information intended only for licensed medical professionals. Accordingly, AtriCure reserves the right to limit these areas to those persons who register and meet the qualifications imposed by us. Licensed medical professionals who choose to register in order to access password-protected areas of the website will be required to provide their contact information, including their name, email address, mailing address and phone number, and their professional qualifications, including profession and clinical affiliation. We also collect your username and password when you log into the website.
- Job applicants, who apply for a position through our website.
Job Applicants who apply for a position with AtriCure through our website can submit Personal Data through our website which may include contact information such as name, email address, mailing address, and phone number, the position of their interest, their qualifications and experience including prior job history and education, references, and any other information that they choose to submit.
We never ask for Special Categories of Personal Data or Criminal Personal Data unless it is required through a legal obligation.
How we use and disclose your Personal Data
In this section, we set out the purposes for which we use Personal Data, explain how we share your Personal Data, and identify the “legal grounds” on which AtriCure relies to process the Personal Data.
These “legal grounds” are set out in the GDPR and allow Controllers to process Personal Data only when the processing is permitted by that legal ground. The table below provides for a description of the legal grounds that we rely on:
|For processing Personal Data and special categories of Personal Data|
|(1) Performance of our contract with you||Processing is necessary for the performance of a contract to which you are party, or in order to take steps at your request prior to entering into a contract.|
|(2) Consent||Processing based on your explicit consent, such consent may be withdrawn at any time.|
|(3) Compliance with a legal obligation||Processing is necessary for compliance with a legal obligation in the European Union to which we are subject.|
|(4) For our legitimate business interests||Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of Personal Data. These legitimate interests are set out next to each purpose.|
For what purposes do we use your Personal Data and what legal bases do we use to justify such use?
We may use your Personal Data in the following ways. For each use, we note the legal bases we use to justify each use of your Personal Data.
For communication and service provision purposes ► we may use your Personal Data to respond to questions or comments, communicate with you about our programs, products, and services, and solicitation of information through surveys.
- Use justification: (4) for our legitimate business interests (e.g. in order to provide the requested information); and (1) performance of a contract with you.
To assess whether you are a suitable candidate to work with us ► we may use your Personal Data when you are interested in applying for a job at AtriCure and choose to submit resume information by email.
- Use justification: (1) performance of our contract with you or the preparation thereof; and (4) for our legitimate business interests (to enable us to effectively recruit staff and to enable us to share your Personal Data with our affiliates).
For security purposes and to analyse and continuously improve our website ► we may use Personal Data for testing and improving the design, content, and functionality of our website, the security thereof and for further tailoring our website to our user’s needs (including by estimating and measuring usage patterns). Only in very exceptional circumstances will we use Personal Data for testing purposes and if this is necessary, always in a closed and secured environment.
- Use justification: (1) performance of our contract with you; and (4) for our legitimate business interests (to enable us to ensure the security of our systems and further improve the website for our users).
For our business purposes, including monitoring and improving our programs, services and products, for record keeping and maintaining our accounts, complying with good practice and for other operational and administrative reasons.
- Use justification: (4) for our legitimate business interests (in running our business efficiently and in order to keep our records and accounts updated).
To defend our legitimate interests and to change our business structure ► We may disclose Personal Data in connection with legal proceedings or investigations anywhere in the world to third parties, such as public authorities, law enforcement agencies, regulators and third-party litigants (these third parties are not data processors on behalf of AtriCure and will process Personal Data for their own purposes). We may also provide your Personal Data to any potential acquirer of or investor in any part of our business for the purpose of that acquisition or investment.
- Use justification: (1) performance of our contract with you; and (4) legitimate interests (to enable us to cooperate with law enforcement and regulators and to allow us to develop our business).
AtriCure does not collect or maintain Personal Data for marketing or advertising purposes.
Disclosure and cross-border transfer of Personal Data
We may disclose your personal information to certain third parties listed below, including third parties who provide us with various business services. We will not otherwise disclose your Personal Data without prior consent, except where such disclosure is reasonably necessary for normal business operations and in accordance with all applicable Data Privacy laws.
We store your Personal Data on our IT systems located in the United States and Europe. As a global company, we transfer Personal Data to, or permit access to Personal Data from, any location throughout the world where AtriCure is doing business, including the United States, Europe, Middle East and Africa.
Third Parties/ Business service providers
We have engaged various Processors for the processing of your Personal Data on our behalf, including IT service providers and other business service providers such as website hosting, professional services, customer service, e-mail delivery, auditing and other similar services. We have contracts in place with our data processors, which means that they cannot do anything with your Personal Data unless we have instructed them to do it. They will not share your Personal Data with any organisation (unless legally required to do so) apart from us. They will hold it securely and retain it for the period that we instruct. We may also share your personal information to third parties to perform specific services you request on the website.
We may be legally required to disclose your Personal Data in response to requests from regulators and law enforcement or security agencies, in which case these regulators and law enforcement or security agencies will be acting as a Controller as well. We will always assess the legitimacy of such requests before disclosing any Personal Data and will only disclose the Personal Data required to comply with such request.
Regulators and Physicians
If you contact us regarding your experience in using one of our products, we may use the Personal Information you provide as necessary to submit complaint or adverse event reports to local and international health regulators, and as otherwise required by law. We also may use the Personal Information to contact the involved physician to follow up regarding an unexpected event involving use of our product.
Other Legal Reasons
In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations; (6) to protect the rights, privacy, safety or property of AtriCure, you and others; and (7) to enforce our terms and conditions.
Cross border transfers
We transfer Personal Data to, or permit access to Personal Data from, countries outside the European Economic Area (EEA). These countries’ data protection laws do not always offer the same level of protection for Personal Data as offered in the EEA. We will, in all circumstances, safeguard Personal Data as set out in this Privacy Notice.
If we transfer Personal Data to the Unites States of America, we have certified to both the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks that allows us to comply with data protection requirements. Where we transfer Personal Data to other countries outside the EEA, we will ensure adequate safeguards are put in place to protect the Personal Data transferred.
We commit to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship, as well as the rights of both RU and Swiss individuals.
You can request additional information about the specific safeguards applied to the export of Personal Data from firstname.lastname@example.org.
Like most websites, certain AtriCure websites may use “cookies” to help us serve you better on future visits, help you avoid having to re-enter information, and help us improve the functions of our website. A cookie is a small file that the website places on your computer for future identification purposes. A Cookie may contain your personal data if we are able to use it to directly or indirectly identify you.
We may use the following cookies:
- Strictly Necessary Cookies. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any of your personal data.
- Performance Cookies. These allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.
- Targeting Cookies. Our website makes use of Google Analytics, as described below. If you choose not to allow these cookies you will experience less targeted advertising.
Should you choose to browse our website without using cookies, if you do not want us to be able to recognize your computer, then you can prevent cookies from being saved by disabling cookies from this website. Please note that it is possible that some features or services on our website may not fully function if cookies are disabled, as described above.
Our website makes use of the Google Analytics web service from Google, Inc. Google Analytics also utilizes cookies. Examples of the items of data collected include your operating system, your browser, your IP address, the AtriCure web page you accessed, and the time and date of your visit. The information generated by the text file about the use of the website will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties when required to do so by law, or where such third parties process the information on Google’s behalf. This use is made anonymously.
Safeguarding Your Information
Consistent with applicable laws and requirements, including the GDPR, AtriCure has put in place appropriate physical, electronic, and administrative safeguards to protect your Personal Data from loss, misuse, alteration, theft, unauthorized access, or unauthorized disclosure. We evaluate these safeguards on an ongoing basis to help minimize risks from new security threats as they become known.
We restrict access to Personal Data to personnel and third parties that require access to such information for legitimate, relevant business purposes.
All our staff members, contractors and third parties who will have access to Personal Data on our instructions will be bound to confidentiality and we use controls to limit access to individuals that require such access for the performance of their responsibilities and tasks.
Our Commitment to Children’s Privacy
This website is not intended for use by children under 16 years of age. No one under age 16 may provide any information to our website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this website. Any personal information inadvertently collected from children will be promptly erased. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please Contact Us on this website.
This does not affect any medical information about children that may be provided by healthcare professionals in connection with product or service information requests.
Right to Unsubscribe
You have the right to unsubscribe from any services that we offer if you no longer want to participate. To do so, please Contact Us on this website for additional information or follow the unsubscribe directions on the specific AtriCure website. Please note that if you already have requested products or services when you decide to withdraw consent, there may be a short period of time for us to update your preferences and ensure that we honour your request.
Links to Other Websites
This Notice applies to www.atricure.com and www.afconnect.eu. For information about other AtriCure websites, contact email@example.com. Our websites may contain links to other websites that are neither owned nor operated by AtriCure. You should carefully review the privacy policies and practices of other websites, as we cannot control and are not responsible for privacy policies or practices of third-party websites that are not ours.
Limiting collection and retention
We collect, use, disclose and otherwise process your Personal Data that is necessary for the purposes identified in this Privacy Notice or as permitted by the GDPR. If we require Personal Data for a purpose inconsistent with the purposes we identified in this Privacy Notice, we will notify you of the new purpose and, where required, ask for your consent to process Personal Data for the new purposes.
Our retention periods for Personal Data are based on business needs and legal requirements. We retain Personal Data for as long as is necessary for the processing purpose(s) for which the Personal Data was collected, and any other permissible, related purpose. For example, we retain your Personal Data for the periods necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or fulfil your request to “unsubscribe” from further messages from us.
Your rights and our responsibilities
We strive to maintain Personal Data that is accurate, complete and current.
Under the GDPR, you have certain rights in relation to your Personal Data. These rights are described below. If you wish to exercise one these rights, please Contact Us in case of any questions. To ensure an efficient follow-up, we kindly ask you to specify your request and to indicate to which Personal Data your request relates.
You have the following rights (please be aware that certain exceptions apply to the exercise of these rights and so you may not be able to exercise these in all situations):
- Right of access: you have the right to obtain confirmation as to whether or not Personal Data concerning you is being processed, and, where that is the case, to obtain a copy of the Personal Data we maintain about you.
- Rectification: you may ask us to rectify any inaccurate Personal Data that we process.
- Erasure: you may ask us to delete Personal Data that we no longer have a legal ground to process.
- Restriction: you may ask us to mark certain Personal Data as restricted whilst complaints are resolved and also ask for restriction of processing under certain other circumstances.
- Portability: You can ask us to transmit the Personal Data that you have provided to us and we still hold about you to a third party electronically.
In addition, under certain conditions, you have the right to:
- where processing is based on consent, withdraw the consent;
- object to any processing of personal that AtriCure justifies on the “legitimate interests” legal ground, unless our reasons for undertaking that processing outweigh any prejudice to the individual’s privacy rights; and
- object to direct marketing at any time.
These rights are subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). We will respond to most requests within one (1) month.
If you are not satisfied with our use of your Personal Data or our response to any exercise of these rights, we kindly ask you to first contact our Data Protection Officer using the contact details set forth below. In addition, you always have the right to complain to the following:
Name of Regulator
|Belgium||Commission for the Protection of Privacy||Postal Address:
Rue de la Presse 35
1000 BrusselsTelephone: +32 (0)2 274 48 00
Fax: +32 (0)2 274 48 35
|France||Commission Nationale de l’Informatique et des Libertés – CNIL||Postal Address:
8 rue Vivienne, CS 30223
F-75002 Paris, Cedex 02Telephone: +33 1 53 73 22 22
Fax: +33 1 53 73 22 00
|Germany||Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit||Postal Address:
53117 BonnTelephone: +49 228 997799 0; +49 228 81995 0
Fax: +49 228 997799 550; +49 228 81995 550
|Netherlands||Autoriteit Persoonsgegevens||Postal Address:
Prins Clauslaan 60
2509 AJ Den HaagTelephone: +31 (0)70 888 85 00
Fax: +31 (0)70 888 85 01
|Spain||Agencia de Protección de Datos||Postal Address:
C/Jorge Juan, 6
28001 MadridTelephone: +34 91399 6200
Fax: +34 91455 5699
|United Kingdom||The Information Commissioner’s Office||Postal Address:
Water Lane, Wycliffe House
Wilmslow – Cheshire SK9 5AFTelephone: +44 1625 545 745
In addition, we agree:
• that we will be liable in cases of onward transfers to third parties;
• that we will disclose personal information in response to lawful requests by public authorities, including meeting national security or law enforcement requirements;
• that under certain conditions you may invoke binding arbitration.
Changes to This Privacy Notice
As we continue to provide additional services and as the privacy laws and regulations evolve, it may be necessary to revise or update this Notice. We encourage you to review this Notice from time to time, as you return to our website, so that you are familiar with any changes.
If you have any questions about this Privacy Notice or the practices of this website, please contact our Data Protection Officer:
Outsourced Data Protection LLP
71 Queen Victoria Street,
London EC4V 4AY
+44 (0)20 3697 7206
If you have any questions about this Privacy Notice or the practice of the website, please Contact Us on this website. You may also write to us at:
7555 Innovation Way
Mason, OH 45040
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
AtriCure is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
Document No.: POL-002-011P
Effective Date: August 12, 2019