Last Update: December 1, 2020
This policy describes the types of information Abiomed may collect from you or that you may provide when you visit our websites, including Abiomed.com, AbiomedAcademy.com, AbiomedSpeakers.com, CAMPPCI.org, ProtectedPCI.com, Impella.com, and ImpellaConnect.com (the “Websites”) or when you fill out a form, tell us your story, or contact us through the Websites, and explains how we collect, use, maintain, protect, and, in some circumstances, disclose that information.
Certain information we collect is necessary to complete our contractual or legal obligations, others are required for us to operate the Websites. In some instances, the information we collect may be done only with your consent.
The information we receive, and how we use it, depends on what you do when visiting our Websites, how your browser is configured, and what information you provide to us. We collect and use your personal information differently than your non-personal information (information that is not identifiable to you personally).
WHAT IS PERSONAL INFORMATION?
Personal information is information we collect through our Websites that we can use to specifically identify you, such as your:
· Telephone number
· E-mail address
· Medical device serial number
· Personal health information
· Work history
· Date of birth
We also collect your IP address when you use our Websites, which in some circumstances can be considered personal information. Other than the IP address, we do not automatically collect personal information, though in some places on our Websites you are able send us such information about yourself. For example, you may fill out a registration form, a survey, an e-mail form, or choose to share your story.
HOW DO YOU COLLECT INFORMATION ABOUT ME?
Information You Give Us:
Abiomed receives and stores information you enter on the Websites or give us in any other way.
Examples of the information you may give Abiomed includes:
· Information that you provide by filling in forms on the Websites, including your name, e-mail address, mailing and billing addresses, telephone numbers, usernames and passwords, and zip codes
· Information you provide about your medical condition
· Information you provide about your demography, such as age, education, gender, interests and location
· Information you provide when you contact us through the Websites or by e-mail
· Information you provide when you submit your story to the Websites
· Records and copies of your correspondence (including postal and e-mail addresses) if you contact Abiomed
· Your responses to surveys that we might ask you to complete for research purposes
· Your search queries on the Websites
We use the information that you provide for such purposes as responding to your requests, keeping you informed of news and information about Abiomed, customizing future visits to our site, improving our Websites or products, and communicating with you.
We may use your personal data to support the activities of unaffiliated third parties that are under contract to perform services for or on behalf of Abiomed (including follow-up by healthcare professionals, performing marking activities when allowed by law, or conduct surveys). For example, personal data, include heath information, that you give Abiomed through our Websites may be used to communicate with your possible suitability for treatment with Impella.
If you do not want us to have this information, you can choose not to provide it to us, but then you might not be able to take advantage of many of Abiomed’s services or features. See “What Are My Choices?”
Automatic Information We Collect:
The Websites collect a set of general data and information each time you visit. The information includes:
· Your browser type and the version used
· Your operating system
· The website from which you accessed our Websites (so-called referrers)
· The links within the Websites that you visit while accessing our Websites
· The date and time you accessed the Websites
· Your Internet Protocol (IP) address
· Your Internet service provider
· Other similar data and information required for security purposes in the case of
attacks on our information technology systems
We do not attempt to draw any conclusions about you from this general information. Instead, we use this information to:
· Deliver the contents of our Websites correctly
· Optimize the content of our Websites and the advertising for it
· Improve the long-term functionality of our information technology systems and the technology of our Websites
· Recognize you when you return to the Websites
· Monitor and respond in case of a cyber attack
· Provide information to law enforcement authorities in the event of a cyber attack
In general, we use this information to improve the security and performance of our Websites as well as to evaluate and improve the services we offer on our Websites.
HOW DOES ABIOMED KEEP AND USE PERSONAL INFORMATION?
We may keep and use personal information we collect from you through our Websites to provide you with access to the Websites. In addition, Abiomed may keep and use your personal information to:
· Respond to your requests
· Personalize your access to our Websites, for example, by telling you about new features that may be of interest to you
· Develop records, including records of your personal information
· Contact you with information that might be of interest to you, including information about clinical trials and about products and services of ours and of others
· Use it to analyze research, develop and improve programs, products, services and content
· Protect our rights or property
· Protect someone’s health, safety or welfare
· Comply with a law or regulation, court order or other legal process
· Evaluate you for employment or other business relationship if you apply for a position with Abiomed
In some instances, we de-identify or aggregate data by removing personal information (such as your name, e-mail address, social security number, etc.). Once de-identified or aggregated, the data is no longer attributed to a single unique individual. De-identified or aggregated information is non-personal information that we may treat like other non-personal information.
DOES ABIOMED EVER SHARE PERSONAL INFORMATION WITH THIRD PARTIES?
Abiomed values the information it has about its customers and is not in the business of selling it to others. We do occasionally need to share your information for the purpose of conducting our business with you or to comply with legal obligations. For example, under certain circumstances, Abiomed may need to disclose collected personal information in order to:
· Disclose to trusted third parties, who are bound by contractual obligations to keep personal information confidential, to support our business, and to use it only for the purposes for which we disclose it to them
· Comply with any court order, law, legal process, or to respond to any government or regulatory request, including requests related to laws outside of your country of residence
· Carry out our obligations and enforce our rights arising from any contracts entered into between you and us
· Protect the rights, property, or safety of Abiomed, its employees, customers, or others
· Enforce our terms and conditions
· Permit us to pursue available remedies and/or limit the damages that we sustain
· Fulfill our recordkeeping obligations and practices
· Fulfill any other purpose disclosed by us when you provide the information
· Comply with your instructions or, if allowed to do so, with your consent
We may also need to provide the collected personal information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Abiomed’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Abiomed about its Websites’ users is among the assets transferred.
CAN I SHARE MY STORY ON THE WEBSITE?
Our Websites allows you to share your stories or make other contributions to our Websites (“User Contributions”). These stories may then be published or displayed on public areas of our Websites. By agreeing to share your story, you are agreeing that the information can be made public. Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that we cannot control the actions of other users of our Websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
WHAT IS NON-PERSONAL INFORMATION?
If you visit our Websites to read or download information, such as information about a health condition or about one of our products, we may collect certain non-personal information about you from your computer. This information is collected from your computer’s web browser. If you only read or download information on our Websites, we do not collect or learn your name, e-mail address, home address, or other information directly identifying you.
“Non-Personal Information” is any information about you that does not reveal your specific identity, does not directly relate to an individual, and cannot be readily connected back to an individual such as:
· Browser and device information
· Information collected through cookies, pixel tags and other technologies
· Demographic information and other similar information provided by you
· Usage Data including information about how you use our Websites
· Information from a referring website
· Marketing and Communications Data including your preferences in receiving marketing from us and your communication preferences
· Your zip code, postal code or area code when they are not connected to other personal information
· Aggregated information
· Personal information that has been de-identified
WHAT DOES ABIOMED DO WITH NON-PERSONAL INFORMATION?
Because non-personal information cannot identify you or be tied to you, there are no restrictions on the ways that we can use or share non-personal information. We will use non-personal information from you to help us make our Websites more useful to visitors. We also will use non-personal information for other business purposes. For example, we may use non-personal information or aggregate de-identified personal information to:
· Create reports for internal use
· Develop programs, products, services or content
· Customize the information or services that are of interest to you
· Share it with or sell it to third parties
· Provide aggregated “traffic statistics” and “response rates” to third parties
Under some circumstances, we also collect information about your use of our Websites by using what are known as browser cookies. Cookies are small text files that are saved to your computer automatically and that store certain settings and data to share with our system about your browser. Cookies help us to improve our Websites and to be able to offer you a better service more tailored to you by recognizing your device and making pre-settings available to you. In general, a cookie contains the name of the domain from which the cookie data was sent as well as information about the age of the cookies and an alphanumerical identifier.
In the cookies we use, only the data explained above about your use of the Websites will be stored. There is no association with you personally. Instead, an identification number is assigned to the cookie (“cookie ID”). The cookie ID will not be connected with your name, your IP address or with similar data that would allow the cookies to be connected with you.
If you do not wish to use browser cookies, you can set up your browser so that the storage of cookies is not accepted. Please note that in this case you may only be able to use our Websites to a restricted extent or not at all. If you only want to accept our own cookies, but not the cookies of our service providers and partners, you can choose to block third-party cookies in your browser settings.
MIGHT I ENCOUNTER ANY THIRD-PARTY COOKIES?
Abiomed does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
WHAT ABOUT GOOGLE ANALYTICS?
The Websites use Google (Universal) Analytics, a web analytics service provided by Google, Inc. (“Google,” www.google.com), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses “cookies,” which are text files placed on your computer to help the Websites analyze how users interact with the sites. The information generated by the cookies about your use of the Websites will be transmitted to and stored by Google on servers in the United States.
For further information please visit: http://www.google.com/analytics/terms/gb.html
Use of Google Tag Manager:
We also use the Google Tag Manager, another service of Google, Inc. on our Websites.
Through the Google Tag Manager we arrange various codes and services in a structured and simplified way. The Google Tag Manager implements or "triggers" the tags. When a tag is triggered, Google may process information (including personal data). Google may also transmit this information to a server in a third country.
In particular, the following information, which in some circumstances may be personal information, is provided by the Google Tag Manager:
Google processes the data on our behalf to trigger the deposited tags and the services on our Websites. Google may transfer this information to third parties, if this is required by law or if third parties have commissioned this data on behalf of Google. Google also has a legitimate interest in the collected (personal) data to optimize its own services.
By using Google Analytics and integrating the Google Tag Manager we aim to provide a faster and more stable service on our Websites. These Google services allow us to optimize the loading times of our Websites and better understand how users interact with them. Our legitimate interest in doing so is to allow us to improve our Websites’ performance and to enhance our services for visitors to our Websites.
Data Processing Addendum:
We have concluded an appropriate data processing addendum with Google in order to fulfill privacy requirements under the GDPR.
You can also opt-out from being tracked by Google Analytics and Google Tag Manager in the future by downloading and installing Google Analytics Opt-out Browser Add-on (https://tools.google.com/dlpage/gaoptout) for your current web browser.
If you have deactivated individual tracking services (e.g. by setting an opt-out cookie), the deactivation will impact all affected tracking tags that are part of Google Analytics and the Google Tag Manager.
If you decide to opt-out, please be aware that the deactivation may mean that you cannot use all the features of our Websites.
WHAT CHOICES DO I HAVE?
You can always choose not to input your information, even though it might be needed to take advantage of our services.
You can decline to accept cookies, set your browser to block cookies, or erase our cookies from your computer, though doing so may prevent some aspects of our Websites from working properly.
You can prevent data collection by Google Analytics and Google Tag Manager by clicking on the following link: https://tools.google.com/dlpage/gaoptout. This places an opt-out cookie, which prevents the future collection of your data when visiting our (or other) Websites. This opt-out cookie must be stored permanently on your computer. If you delete this opt-out cookie or it is deleted automatically via browser settings, you will have to install this opt-out cookie again when visiting our Websites in the future.
If you no longer want to receive e-mail or other mail from Abiomed, please press the unsubscribe button on any of our e-mails or contact us at firstname.lastname@example.org.
If you want to exercise your rights over your data pursuant to GDPR or any similar law, please e-mail us at email@example.com.
WHAT ABOUT PRIVACY ON WEBSITES LINKED FROM ABIOMED.COM?
We may provide links to other companies on our Websites. These external website addresses contain information that was published by organizations that are independent from us. They are used to provide additional information as a service for visitors to our website.
DOES ABIOMED EVER COMMUNICATE DIRECTLY WITH VISITORS TO THESE WEBSITES?
If you provide us with your contact information through one of our contact forms, we may contact you periodically by e-mail, mail or telephone to provide information consistent with the information you requested in completing our contact forms.
In addition, some of the features on the Websites allow you to communicate with us using an online form. If your communication requests a response from us, we will send you a response via e-mail. The e-mail response or confirmation may include your personal information, including personal information about your health, your name, address, etc. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.
We may also contact you in case it is required by regulators to inform you of crucial information about products updates.
ARE THERE SPECIAL RULES ABOUT CHILDREN'S PRIVACY?
Abiomed cares about protecting the online privacy of children. We will not intentionally collect any personal information (such as a child’s name or e-mail address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us at firstname.lastname@example.org.
WHAT ABOUT WEBSITE SECURITY?
We secure our Websites and other systems through technical and organization measures against the loss, destruction, access, amendment or distribution of your data by unauthorized persons. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
CONTACT VIA THE WEBSITES
As required by law, our Websites contain information that provides a means of e-mail contact to our company as well as other means of directly communicating with us. If you contact us by e-mail or other electronic means, the personal data you transmit is stored automatically. Such personal data will be stored for the purposes of responding to your inquiry. If you use the contact form on our Websites for your inquiry, you will be asked to give your prior consent to the storage and usage of your personal data. This personal data will not be passed on to third parties.
HOW LONG DO YOU KEEP MY DATA?
CAN I ACCESS, CORRECT OR DELETE MY DATA?
You may send us an e-mail at email@example.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to access, change or delete information if we believe that doing so would violate any law or legal requirement, cause the information to be incorrect, or if we are not legally obligated to so.
If you wish to delete your User Contributions from the Websites please e-mail us at firstname.lastname@example.org, but please be aware that copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other website users.
SUPPLEMENTAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
California Civil Code Section § 1798.83 permits users of the Websites that are California residents to request certain information regarding Abiomed’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to email@example.com
The California Consumer Privacy Act (CCPA) provides California residents with specific rights regarding their personal information. This section describes those rights and explains how to exercise those rights and applies solely to residents of the State of California. Abiomed adopts this Supplemental Notice to comply with the CCPA and any terms defined therein have the same meaning when used in this Supplemental Notice.
Access to Specific Information and Data Portability Rights
California residents have the right to request that Abiomed, Inc. and its subsidiaries disclose certain information to California residents who request it (the Requestor) about our collection and use of the Requestor’s personal information over the past 12 months. Once Abiomed receives and confirms the verifiable consumer request from the Requestor, Abiomed will disclose to the Requestor:
· The categories of personal information Abiomed collected about the Requestor;
· The categories of sources for the personal information Abiomed collected about the Requestor;
· Abiomed’s business or commercial purpose for collecting or selling that personal information;
· The categories of third parties with whom Abiomed shares that personal information;
· The specific pieces of personal information Abiomed collected about the Requestor (also called a data portability request); or
· If Abiomed sold or disclosed the Requestor’s personal information for a business purpose, two separate lists disclosing;
• Sales, identifying the personal information categories that each category of recipient purchased; and
• Disclosures for a business purpose, identifying the personal information categories that each category recipient obtained.
“Personal information” under the CCPA does not preclude information that is:
· Publicly available from government records;
· De-identified or aggregated consumer information;
· Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
· Certain personal or financial information covered under certain sector specific privacy laws.
Categories of Personal Information We Sell
Abiomed does not sell personal information of California consumers. This does not include disclosures that are not a “sale” under the CCPA, including when:
· Consumers instruct us to disclose their personal information;
· A consumer instructs us to interact with a third party that does not sell that information;
· Abiomed uses or shares consumers’ personal information pursuant to a written contract with a service provider that is necessary to perform a business purpose, where our contract prevents the provider from using, keeping, or disclosing consumers’ personal information for any purpose other than the reason supplied in the contract; or
· Consumers’ personal information is transferred as part of a transaction in which the third party assumes control of all or part of our business.
Personal Information on Minors
Abiomed does not sell personal information of California consumers, including minors.
Abiomed will not discriminate against a Requestor for exercising any rights under the CCPA. Unless permitted by the CCPA, Abiomed will not:
• Deny the Requestor goods or services;
• Charge the Requestor different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive Abiomed offers will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires the Requestor’s prior opt-in consent, which may revoke at any time.
Exercising Access, Data Portability and Deletion Rights
To exercise access, data portability and deletion rights described above, please submit a verifiable consumer request to Abiomed:
• Via email at firstname.lastname@example.org;
• By telephone at: +1 978.646.1400
• Or by mail at:
22 Cherry Hill Drive
Danvers, MA 01923
Abiomed can only respond to your request if it is verifiable. This means we are obligated to take reasonable steps to verify your identity or your authorized agent’s authority and your right to access the information you request. We may ask for additional information that will help us do so. Abiomed will only use that additional information in the verification process, and not for any other purpose.
Abiomed does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Abiomed 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.
GDPR (EUROPEAN GENERAL DATA PROTECTION REGULATION)
If you are a European Union resident or are otherwise a data subject covered by the European Union’s General Data Protection Regulation (GDPR) or similar laws in other countries, you may have certain rights in relation to your personal information.
Data Privacy Contact (representative) for European Union:
Abiomed Europe GmbH
Neuenhofer Weg 3
Tel.: +49 241 8860 -0
Fax: +49 241 88660 – 111
We process your personal data only pursuant to the following legal basis:
· Your prior consent
· To fulfill contractual obligations
· Legitimate interests of Abiomed or Third Parties
In cases where we rely on legitimate interests for the processing of personal data those interest are described in this Policy under the relevant heading.
Data Processing Outside the European Union/European Economic Area:
European Union Data Subject Rights Pursuant to GDPR:
· Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
· Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
· Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You may also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
· Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also may have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
· Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
· Request the transfer of your personal information to you or to a third party (“Data Portability”). This enables you, or a third party you have chosen, to seek to have your personal information provided in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
· Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
· Complain to a data protection supervisory authority about the processing of personal data by us.
You will not have to pay a fee to exercise any of these rights. However, we may charge a reasonable fee if your request is repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We try to respond to all legitimate requests in a timely manner. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. We may also need to contact you about your request to verify your identity, confirm certain information, or clarify the request before we can fulfill the request.
If you are a European Union resident, or are otherwise a data subject covered by GDPR or a similar law, and would like to exercise these rights, or if you have questions about your rights please contact us at email@example.com or use the contact details of Abiomed listed above.
DETAILS FOR APPLICANTS
Using “Impella Connect,” our online portal accessed at impellaconnect.com, we process the following personal data/information of users:
· Contact details (e-mail address)
This information is needed to create your personal user account and to provide you with your unique user ID and password to access our services on “Impella Connect.”
We may also use information about your usage of Impella Connect (such as frequency of access, the type of information accessed etc.). We use this information for statistical purposes as well as to evaluate your use of the Websites, compile reports on site activity and provide other services relating to site activity and usage. This allows us to optimize our service.
We store your personal information no longer than necessary for the described purposes.
Personal data of users who enter their data on one of our European Union Websites is hosted only on servers located in the EU.
Subscribe to e-mail notifications via Impella Connect:
Impella Connect allows you to subscribe to various notifications (events, alarms and case following) via e-mail. The notifications will be sent to the e-mail address provided by you when registering. When you register for the first time, you will be asked if and which e-mail notifications you would like to receive. You can change the entered settings at any time in your personal account or via the link contained in each notification e-mail.
We work with an external service provider, SendGrid Inc., based in the USA, to send the notification e-mails. SendGrid Inc. is certified under the EU-US Privacy Shield. A current certificate can be viewed at https://www.privacyshield.gov/list. In addition, we have concluded a data processing agreement with SendGrid Inc. Further information on data protection at SendGrid Inc. can be found at: https://sendgrid.com/policies/privacy/.
Personal data (name, e-mail address) will only be stored for as long as it is necessary to fulfill the aforementioned purpose, unless otherwise required by law.
ACE SALES AND MARKETING INFORMATION PLATFORM
Using “ACE sales and marketing information platform,” the mobile device application that enables access to and use of the ACE platform, we process the following personal data/information of users:
· Contact details (e-mail address)
This information is needed to create your personal user account and to provide you with your unique user ID and password to access our services on “ACE.”
When you download, install, or use ACE, Abiomed may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the ACE. We may also use information about your usage of ACE (such as frequency of access, the type of information accessed etc.) We use this information for statistical purposes as well as for the purpose of evaluating your use of the platform, compiling reports on platform activity and usage. This allows us to optimize our service. We store your personal data no longer than necessary for the described purposes.
Personal data of users who enter their data on one of our European Union Websites is hosted only on servers located in the EU.
HOW DO I CONTACT YOU?
22 Cherry Hill Drive
Danvers, MA 01923
Data Protection Policy
Tel.: +1 978.646.1400
Fax: +1 978.777.8411