Privacy Policy

Last Updated: November 21, 2024

This Privacy Notice ("Notice") describes how BySpine, its global affiliates, brands, and subsidiaries (collectively, "BySpine," "we," "our," or "us") collect, use, disclose, and otherwise process the personal information described in this Notice and the rights and choices individuals have regarding such personal information globally.

Scope
Personal Information Collected
Purposes for Collecting and Processing
Disclosures of Personal Information
Aggregate and De-Identified Information
Cookies and Tracking
Your Privacy Choices
Retention
Children's Information
International Transfers of Personal Information
Security
Third-Party Links
Changes to this Privacy Notice
Contact Us
Additional Privacy Information - EMEA (including residents of the European Economic Area (EEA), the United Kingdom (UK), and Switzerland)
Additional Privacy Information – Latin America
Additional Privacy Information - United States (including California)
Additional Privacy Information - Canada
Additional Privacy Information - APAC

1. Scope

Except as otherwise described below, this Notice applies to the personal information BySpine collects and processes related to your use of our website, www.byspine.com, where this Notice is posted, and other websites that may display or include a link to this Notice ("Site" or "Sites"), other online and offline services, and other products or services we make available to you, (collectively, "Services").

Your use of our Services, and any dispute over privacy, is subject to this Notice and our Terms of Use, available at www.byspine.com/terms-of-use. Unless applicable law requires otherwise, your decision to proceed signifies your implied consent to the processing of your information in accordance with this Notice. For information about your privacy choices, please review Section 7, Your Privacy Choices.

Not in Scope. This Notice does not apply to the personal information that we collect and process about BySpine employees. For more information, including a copy of your employee privacy notice, contact your local Human Resources representative.

Additional Notices. In some cases, additional or separate privacy notices may be provided for certain Services, programs or events that we offer. In those circumstances, the notice(s) provided should be interpreted as a supplement to the information contained in this Notice.

To the extent any additional region-specific disclosures are needed, you can find that information set out separately in this Notice, as follows:

For those in EMEA, including the EEA, UK and Switzerland: See Section 15, Additional Privacy Information - EMEA.
For those in Latin America: See Section 16, Additional Privacy Information – Latin America.
For those in the USA, including California and Washington state: See Section 17, Additional Privacy Information – United States (including California).
For those in Canada: See Section 18, Additional Privacy Information - Canada.
For those in the Asia Pacific region: See Section 19, Additional Privacy Information - APAC.

2. Personal Information Collected

As further described below, we collect personal information directly from individuals, from third parties, and automatically through your use of our Services.

Personal Information Collected Directly from You

The personal information we may collect from you depends on how you use our Services or otherwise interact or engage with us, but generally includes:

Contact information. When you contact us, including via email, phone, or webform, we collect certain personal information from you, such as your name, mailing address, phone number, email address, postal address, and any personal information that you otherwise submit to us.
Survey responses. When you fill out our surveys, we may collect your survey responses, including information regarding demographics, preferences, and your opinion about our Services. Participation in our surveys is voluntary.
Health information. We may collect information related to your health such as physical condition(s), which may be provided to us by you or your health care providers to enable us to manufacture products or deliver Services for you or your health care provider.
Transaction information. If you purchase Services from us or make a payment through the Services, we usually direct you to a third-party payment processor. In the event we use a third-party processor, the only information we process is the last four digits of your payment card, a transaction ID number, the cardholder name, billing address and email address.
Sweepstakes, contests, and promotions. If you participate in our sweepstakes, contests, or promotions, we may collect your name, email address, and other registration information related to our sweepstakes, contests, and promotions.
Professional contact information and details. When you work with us in your professional capacity, we may collect your contact information, payment information, educational and professional history, certifications, qualifications, work experience, and any other information you choose to provide to us.
Recruitment. If you apply for an employment position with us, we may collect application-related information such as your name, contact information, current employment, information contained in your CV/resume, location, field of expertise, and any other information you may wish to provide us as part of your application.
Communications and interactions. When you email, call, or otherwise communicate with us, we collect and maintain a record of your contact details, a history of our interactions with you, and information about your use of our Services.
Events. If you register for or attend an event that we host or sponsor, we may collect personal information related to your registration for and participation in such event.
Account and registration information. If you register for an account with us, we may collect your contact information, job title, username and password.
Preferences. We also may collect information about your preferences, such as communications preferences, preferences related to your use of our Services, shopping behavior preferences, a record of your purchases from us, demographic data, and any other preferences you provide when interacting with us.

Personal Information Collected from Third Parties

We may collect personal information about you from third-party sources, such as public databases, joint marketing/promotional partners, social media platforms, or other third parties, as follows:

Lead and prospect information. We may receive lead and prospect information, such as names, email addresses and contact information from third parties about individuals who may be interested in engaging with us.
Social media information. If you post information about us or engage with us on third-party platforms, such as through your social media account, we may collect personal information about you from that third-party platform or account.
References and assessments. During the recruitment process, we may collect information about you from your references, recruitment agencies, and assessment centers we engage with for recruitment purposes.

Personal Information Collected Automatically

We and our service providers automatically collect and derive personal information related to your use of our Services and your interactions with us. Such information may include:

Device and browsing information. We use cookies, log files, pixel tags, and other tracking technologies to automatically collect information when users access or use our Services. We may collect device IP address, general location information, domain name, page views, date and time stamps, browser type, device type, device ID, internet service provider, referring and exiting URLs, operating system, language, clickstream data, and similar device and usage information.
Activities and usage. We also collect activity information related to your use of the Services, such as information about links clicked, searches, features used, items viewed, and time spent within the Services.
Location Information. We may collect or derive general location information about you such as through your IP address. With your permission, we may also collect geolocation information from your device when accessing certain Services.

3. Purposes for Collecting and Processing

Generally, we collect, use, and otherwise process the personal information that we collect for the following purposes:

Services and support. To provide and operate our Services, communicate with you about your use of our Services, respond to your inquiries, gather feedback, fulfill your requests, communicate with you, run our day-to-day operations, and for similar support purposes.
Relationship management. To manage our business relationship with you, for example, to process your transactions, manage and maintain your account with us, respond to your questions and comments, and for other similar purposes.
Recruiting purposes. To evaluate your interest in employment and contact you regarding possible employment with us, to process your application, assess your ability to meet the job specifications, verify references and professional qualifications, and to comply with legal and regulatory requirements.
Analytics and improvement. To better understand how users access and use our Services, products, and offerings, and for other research and analytical purposes, such as to evaluate and improve our Services and business operations, to develop Services, features and new products and offerings, and for internal quality control and training purposes.
Customization and personalization. To tailor the content that we may send you, including to offer personalized help and instructions, and to otherwise personalize your experience.
Sweepstakes, contests, and promotions. To administer the promotional programs we offer.
Marketing, advertising, and public relations. For marketing, advertising, and public relations purposes. For example, to send you information about our Services and the products and services of our affiliates, such as newsletters, and other marketing content.
Planning and managing events. For event planning and management, including registration, attendance, connecting you with other event attendees, providing relevant educational opportunities, and contacting you about relevant events and Services.
Research, surveys, and product development. To administer surveys, such as for market research, customer satisfaction purposes or improving our Services, to conduct statistical and data analytics, and for other similar purposes.
Security and protection of rights. To protect our Services and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse, where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, violations of our Terms of Use, other applicable policies or other agreements we have with you or this Notice.
Legal proceedings and compliance obligations. To comply with the law and our legal obligations, for example with respect to internal functions such as accounting, auditing, compliance and recordkeeping, as well as for external purposes, such as to respond to legal process, subpoenas, and related legal proceedings, court orders, national security or law enforcement disclosure requirements, and other lawful requests by regulators and law enforcement.
General business and operational support. To consider and implement mergers, acquisitions, reorganizations, bankruptcies, and other transactions such as financings, and related to the administration of our general business, accounting, auditing, compliance, recordkeeping, and legal functions.

4. Disclosures of Personal Information

Generally, we disclose the personal information that we collect to provide our Services, respond to and fulfil your transactions or requests, as otherwise directed or consented to by you, and as follows:

Global affiliates, subsidiaries, branches, or associated offices. We may disclose the personal information we collect to our global affiliates, subsidiaries, branches, or associated offices who will use and disclose this personal information in accordance with the principles of this Notice.
Vendors, service providers and advisors. We may disclose the personal information that we collect to our service providers, legal advisors and others who perform functions on our behalf or provide us services. These companies and individuals may only use the data as permitted by our contracts with them.
Distributors or dealers. We may disclose the personal information that we collect to facilitate a purchasing transaction with one of our distributors or dealers.
Advertising and analytics platforms, providers, and networks. We may disclose or make available personal information to the platform providers and vendors that we use to provide or make available certain features or portions of the Services, or as necessary to respond to your requests.
General operations. If we are or may be merged with another company, or if any of our assets are or may be transferred to another company, we may transfer the information we have collected about you to the other company.
Others as permitted or required by applicable law. We may disclose personal information to other parties to the extent permitted or required by applicable law. This may include regulators, government entities, and law enforcement.
Security and protection of rights. We may disclose your personal information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use, other applicable policy or this Notice, or as evidence in litigation in which we are involved.
With consent. We may disclose personal information in ways not described above. If we do so, we will notify you, and if necessary, obtain your consent.

5. Aggregate and De-Identified Information

We may use and disclose aggregate and other non-identifiable data related to our business and the Services for quality control, analytics, research, development, and other purposes. Where we use, disclose, or otherwise process de-identified data (data that is no longer reasonably linked or linkable to an identified or identifiable natural person, household, or personal or household device) we will maintain and use the information in de-identified form and not attempt to reidentify the information, except in order to determine whether our de-identification processes are reasonable and adequate pursuant to applicable privacy laws.

6. Cookies and Tracking

We and our providers use cookies, pixel tags, and other similar tracking technologies to automatically collect information about browsing activity, device type, and similar information within our Site and Services. This information, which may be considered personal information in some jurisdictions, is used, for example, to analyze and understand how you access, use, and interact with our Site and Services; to identify and resolve bugs and errors in our Site and Services; to assess, secure, protect, optimize, and improve the performance of our Site and Services; to personalize content on our Site; and for marketing, advertising, measurement and analytics purposes.

7. Your Privacy Choices

You have certain choices regarding our processing of your personal information, and we make available several ways for you to manage your preferences and privacy choices, as described below:

Marketing Communications. We may send periodic promotional emails or other similar communications to you. You may change your preferences or unsubscribe by following the instructions provided to you in the communication.
Cookie Settings. You can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The "Help" portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies.
Industry Ad Choice Programs. You can control how participating ad networks use the information that they collect about your visits to our Site and Services and those of third parties. You can obtain more information and opt out of receiving targeted ads from participating ad networks at aboutads.info/choices (Digital Advertising Alliance).

8. Retention

We retain your personal information for as long as reasonably necessary to fulfill the purposes for which it was collected or as otherwise necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.

9. Children's Information

Use of our Sites is not designed for children. If we discover that a child has provided us with personal information, we will delete such information from our systems. If you are a parent or guardian and believe we have collected your child's information in violation of applicable law, please contact us as set forth in Section 14, Contact Us.

10. International Transfers of Personal Information

BySpine is headquartered in the United States, and has operations, entities, and service providers in the United States and throughout the world. As such, when you interact with us, your personal information may be transferred and processed in the United States and other jurisdictions where we and our affiliates and service providers have operations. Some of these jurisdictions may not provide equivalent levels of data protection as compared to your home jurisdiction.

11. Security

We have implemented safeguards that are intended to protect the personal information we collect from loss, misuse, unauthorized access, disclosure, alteration, and destruction. We also ensure that third parties we share personal information with contractually agree to comply with applicable privacy law and adequate security policies. Please be aware that despite our efforts, no data security measures can guarantee security.

12. Third-Party Links

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Notice, but instead is governed by the privacy notices of those third-party websites. We are not responsible for the information practices of such third-party websites.

13. Changes to this Privacy Notice

We may make changes to this Notice from time to time, so please be sure to check back periodically. We will post updates to the Notice on the Site. If we make any material changes to this Notice, we will endeavor to provide you prior notice, such as by emailing or posting prominent notice on our Site.

14. Contact Us

BySpine welcomes your questions and comments about your privacy or this Notice. Please contact us by emailing support@byspine.com.

We have also appointed a Data Protection Officer, whose contact details are as follows:

BySpine Privacy Office
1611 Innovation Pkwy SE
Albuquerque, NM 87123
United States
support@byspine.com

15. Additional Privacy Information - EMEA (including the European Economic Area (EEA), the United Kingdom (UK), and Switzerland)

This Section details additional information regarding our processing of personal information in accordance with applicable law in the EMEA region.

Controller

The primary controller of your personal information will be the BySpine business with whom you have interacted, including where you may have entered into a contract with us, in which case the legal entity will be identified in the contract.

Lawful Basis for Collecting Personal Information

We collect and process personal information in reliance on one of the following legal bases:

To perform a contract with you or to take pre-contractual steps at your request.
To comply with a local legal obligation to which BySpine is subject.
For legitimate interests. We may process personal information in furtherance of our legitimate interests, or those of a third party, where those interests are not overridden by your rights, freedoms, and interests.
With your explicit consent. We may process personal information about you based on your consent, for example (where required by law) to send you marketing communications, surveys, news, and updates.

Your Rights in Respect to Your Personal Information

GDPR as well as other laws in the EMEA region allow you to exercise certain rights in relation to the personal information that we hold about you, subject to certain conditions and exceptions. These rights may include:

Right of Access
Right to Rectification
Right to Erasure ('right to be forgotten')
Right to Data Portability
Right to Restriction of Processing
Withdrawal of Consent
Objection
Opt out of Marketing

You can exercise your rights by contacting us using the information set out under "Contact Us" above.

16. Additional Privacy Information – Latin America

Please note the following information in addition to the details provided above:

Collection and processing of sensitive data

For the purposes informed in this Notice, we will process the following personal information that is considered sensitive, and which requires special protection:

Health Information
Transaction Information

Your rights as a data subject

Data subjects have several rights in accordance with the applicable law in the place where they reside. These rights may include the right to be informed, the right to access, the right to request correction, the right to request erasure, the right to object, the right to portability, and the right to lodge a complaint with the applicable regulatory authority.

17. Additional Privacy Information - United States (including California)

This Section provides additional information for California residents and describes our information practices pursuant to applicable privacy laws, including the California Consumer Privacy Act and the regulations issued thereto, each as amended ("CCPA").

Categories of Personal Information Collected and Disclosed

The table below identifies, generally, the categories of personal information we collect or process about California residents, as well as the categories of third parties to whom we may disclose this personal information for a business or commercial purpose.

Sales and Sharing of Personal Information

While we do not disclose personal information to third parties in exchange for monetary compensation, we may "sell" or "share" certain categories of personal information to third-party advertising networks, analytics providers, and social networks for purposes of marketing and advertising and to improve and measure our ad campaigns.

California Residents' Rights

Under the CCPA, California residents have the following rights (subject to certain limitations):

To opt out of sales and sharing
To limit certain uses and disclosures of sensitive personal information
Deletion
To know/access
Correction
Non-discrimination

18. Additional Privacy Information - Canada

This Section provides additional information for Canadian residents and describes our information practices pursuant to applicable privacy laws, including the Personal Information Protection and Electronic Documents Act ("PIPEDA") and other applicable provincial laws.

Your Privacy Rights

Under applicable federal or provincial law, you may have the following privacy rights available to you:

Right to access your personal information
Right to restrict processing
Right to erasure
Right to object/opt-out of processing
Data portability rights

19. Additional Privacy Information - APAC

This Section supplements the Notice with additional disclosures specific to residents of countries in the Asia Pacific (APAC) region.

Data Subject Rights

Depending on where you reside, you may have the benefit of data subject rights such as:

Right of access
Right to rectify your personal information
Right to request deletion of your personal information
Right to withdraw your consent
Right to obtain a copy of your personal information
Right of portability
Right to object to processing
Right to not be subject to automated decision making
Right to file a complaint with your local data protection authority

You can exercise your data subject rights by sending an email to support@byspine.com with the specifics of your request.