Privacy Policy

Last modified: 28 JAN 2013

This statement includes information about:

  • The ArthroCare Website Privacy Policy
  • How ArthroCare abides by the EU/US Safe Harbor Framework

ArthroCare Website Privacy Policy

Introduction

ArthroCare Corporation ("ArthroCare") and all of its worldwide subsidiaries and affiliates respects your privacy and is committed to protecting it through our compliance with this policy.

This policy (together with our Terms of Use and any other documents referred to in it) describes the personal information that ArthroCare collects from you, or that you provide on the ArthroCare website (www.arthrocare.com, www.arthrocaresportsmedicine.com, www.arthrocareent.com, www.arthrocarespine.com, and  www.education.arthrocare.com) (our "Website") and how that information may be used or disclosed by us.  ArthroCare owns other websites, and this policy applies for visitors to this ArthroCare Website as well as to other ArthroCare owned websites.

This policy does not apply to information collected on any third-party site that may link to or be accessible from the Website.

Please read the following carefully to understand our policies and practices regarding your personal information and how ArthroCare will treat it. By using or accessing our Website, you agree to this Privacy Policy. Whenever you submit information via this site, you consent to the collection, use and disclosure of that information in accordance with this Privacy Policy (and in the case of transfer of information from the European Economic Area to the U.S., the Safe Harbor Privacy Policy).  This policy may change from time to time and your continued use of the Website is deemed to be acceptance of such changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information on the Website. ArthroCare does not knowingly collect personal information from children under 13. If you are under 13, please do not register on the Website, make any purchases through the Website or send any information about you to us, including your name, address, telephone number or e-mail address. In the event that ArthroCare learns that we have collected personal information from a child under age 13 without verification of parental consent, ArthroCare will delete that information. If you believe that ArthroCare might have any information from or about a child under 13, please contact us at 800.797.6520 or info@arthrocare.com.

Information ArthroCare Collects About You

ArthroCare may collect several types of information from and about users of this Website, including:

  • Information you provide to us.
  •  Information ArthroCare collects as you navigate through the site, including usage details, IP addresses, cookies, and web beacons.

As you use this Website, certain anonymous, non-personal information can be passively collected (collected without you actively providing the information) using technologies such as, but not limited to, "cookies", "Internet tags", "Internet Protocol Addresses (IP)", "web beacons" and "Navigational data" collection methods.  Non-personal information may include, but is not limited to, the following:

  • the type of web browser software you use (for example, Firefox or Internet Explorer);use (for example, Firefox or Internet Explorer);
  • the name of the domain from which you access the Internet;
  • the Internet address of the website from which you linked directly to our Website;
  • the date and time you access our Website;
  • the search terms you use;
  • the links on which you click; and
  • personal information that has been made non-personal or anonymized (i.e., information that no longer reflects or references an iYour Internet browser automatically transmits to this Website some of this information, such as the URL of the website you just accessed prior to this Website, and the IP address and browser version your computer uses.  The use of cookies, web beacons and Internet tags can be used to collect this information from your computer.  We may place a text file called a cookie in the browser files of your computer when you visit.  The cookie may be stored on your computer’s hard drive.  The information we collect using cookies is non-personal information.  You may be able to set your computer to refuse cookies altogether, but certain features of the Website may not work without them.   ArthroCare may use this information for such things as providing better Website service, customization of the Website based on user preferences, compilation of statistics and trends, market research and other uses to improve this Website and our service to visitors.  This information is not combined with personally identifiable information collected in other parts of this Website, unless you have consented.  As mentioned above, ArthroCare will use non-personal information from you to help us make this Website more useful to visitors.  ArthroCare will also use non-personal information for other business purposes.  For example, we may use non-personal information or aggregate non-personal information to create reports for internal use to develop programs, products, services or content;

Information You Provide to Us

  • ArthroCare may collect and use the following information that you provide to us:
  • Information that you provide by filling in forms on our Website. This includes information provided at the time of subscribing to our news/update service or requesting further services. ArthroCare may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.

Some areas of this Website may ask you to submit personally identifiable information such as name, addresses, e-mail addresses, personal health information, telephone numbers, and the like, in order for you to benefit from particular features (i.e., product or information ordering and educational materials) or to participate in a particular activity (i.e., employment, case studies, research, surveys, testimonials on product/service use).  You will be informed what information is required and what, if any, information is optional.  Your submission of the information is consent for ArthroCare’s use of that information for the specified purpose(s).  Your personally identifiable information may be transferred to one or more of ArthroCare’s affiliated companies worldwide.  Furthermore, your submission of the information is consent for ArthroCare to use that information for any other legitimate business purpose, not otherwise disclosed, so long as that information is used in a form that does not personally identify you (i.e., aggregate or summary data).  If you so request or otherwise consent by using a reply, feedback or "contact me" feature of this site, ArthroCare may use information collected from this site to communicate with you, in addition to the other purposes specified in this Privacy Policy.

Uses Made of the Information

ArthroCare uses information that we collect about you or that you provide to us, including any personal information, in the following ways:

  •  To present our Website and its contents in a suitable and effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
  • To notify you about changes to our service.
  •  To allow you to participate in interactive features of our service, when you choose to do so.

Disclosure of Your Information

ArthroCare may disclose personal information that you provide via this Website to the following third parties:

  •  Our subsidiaries and affiliates.
  •  Contractors and service providers ArthroCare uses to support its business.
  •  In the event of merger, acquisition, or any form of sale of some or all of ArthroCare's assets, in which case personal information held by ArthroCare about its customers will be among the assets transferred to the buyer.

In the ordinary course of business, ArthroCare will share some personal information with companies that we hire to perform services or functions on our behalf.   For example, we may use different vendors or suppliers to ship you products or information that you order (or request) on our Website.  In these cases, we provide the vendor with information to process your order such as your name and mailing address.  In all cases in which we share your personal information with a third party, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.  We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition.

ArthroCare may also disclose your personal information to third parties to:

  • Comply with a law or regulation, any court order, or other legal obligation or process.
  • Enforce or apply ArthroCare’s Terms of Use  or ArthroCare’s Terms and Conditions of Sale and other agreements.
  • Protect the rights, property, or safety of ArthroCare, our customers, or others.

ArthroCare may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.  ArthroCare may cooperate with law enforcement authorities in investigating and prosecuting Website visitors who violate our rules or engage in behavior which is harmful to other visitors (or illegal).

Choices About How ArthroCare Uses and Discloses Your Information

ArthroCare strives to provide you with choices regarding the personal information you provide to us.  We have created mechanisms to provide you with the following control over your information:

  • Cookies. If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent.  If you do so, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your e-mail address used for promotional purposes by the Company, you can opt-out by contacting us at info@arthrocare.com.  You can also always opt-out of receiving e-mail information from us other than the e-mail informing you of the completion of user registration, correction of user data, or change of password by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to info@arthrocare.com. If ArthroCare has sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
  • You should review this privacy policy carefully, because if you do not agree with our practices, your ultimate choice is not to use the Website. Remember, by using any part of the Website, you accept and agree to our privacy practices.  If ArthroCare updates this Privacy Policy, your continued use of the Website (following the posting of the revised privacy policy) means that you accept and agree to the terms of the revised privacy policy.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@arthrocare.com or write us at: 7000 W. William Cannon Dr., Building One, Austin, TX  78735.

Communications

ArthroCare may contact you periodically by e-mail, mail or telephone if you agree to that contact to provide information regarding programs, products, services and content that may be of interest to you.  In addition, some of the features on this Website 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.

Data Security

ArthroCare has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.  The safety and security of your information also depends on you.   of your information also depends on you.  

Unfortunately, the transmission of information via the internet is not completely secure. Information you submit to this site via the Internet or through email may not be secure; however, we will take reasonable steps to protect any personally identifiable information you may transmit to us from unauthorized access and misuse.  ArthroCare cannot guarantee or warrant this Website or its security components against breaches of security, the interruption of the system or user error and misuse. 

Except for certain personal information that may be specifically requested in the Website for a specific purpose, ArthroCare discourages the submission of confidential or proprietary information to this Website.  ArthroCare does not generally request or require such information and has no obligation of any kind with respect to such information.  Any such information you submit to this Website via the Internet, email or other electronic means is not considered confidential and may be used for various purposes by ArthroCare without limitation to include, but not be limited to, developing, This site may contain links or references to other Websites.  Please be aware that we do not control other websites and that, in any case, this Privacy Policy does not apply to those websites.

Changes to Our Privacy Policy

It is our policy to post any changes ArthroCare makes to our Privacy Policy on this page and the Website home page.  If ArthroCare makes material changes to this privacy policy, we will notify you through a notice on our home page. The date the Privacy Policy was last revised is identified at the top of the page.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: and our privacy practices, contact us at: info@arthrocare.com or via our toll-free number: 800.797.6520

Safe Harbor Privacy Policy (applicable to European Economic Area and United States website visitors)

Purpose

The purpose of this Policy is to set forth the privacy principles that ArthroCare Corporation ("ArthroCare") follows with respect to transfers of Personal Data from the European Economic Area to the United States which has been collected or received by ArthroCare in conducting clinical or market research and/or in managing our workforce.

General Principle

ArthroCare is committed to protecting the privacy of those who entrust us with Personal Data. ArthroCare abides by the Safe Harbor Principles developed by the U.S. Department of Commerce and the European Commission and the Frequently Asked Questions (FAQs) issued by the U.S Department of Commerce on July 21, 2000.

Scope

This Policy sets forth the privacy principles that ArthroCare follows with respect to transfers of Personal Data from the European Economic Area to the United States which has been collected or received by ArthroCare in conducting business with customers and patients, in doing clinical or market research and/or in managing our workforce.

Definitions

Agent any third party that processes Personal Data on behalf of and under the instruction of ArthroCare.

ArthroCare ArthroCare Corporation and all of its worldwide subsidiaries and affiliates including, but not limited to, ArthroCare Medical Corporation, ArthroCare Europe AB, and ArthroCare Costa Rica SRL.

ArthroCare Contractor any person or entity engaged (directly or indirectly) to provide services and/or products to ArthroCare, whether or not pursuant to a written agreement, including but not limited to any consultant, agent, sales representative, sales associate, distributor, joint venture partner, contractor or other third party.

ArthroCare Employee any employee of ArthroCare, including any international employee.

ArthroCare Personnel any ArthroCare Contractor, ArthroCare Employee or director or officer of ArthroCare.

"Personal Data" any information or set of information that identifies or can reasonably be uses to identify an individual.  Personal Data do not include information that is encoded or rendered anonymous, or publicly available information that has not been combined with non-public personal information.

"Sensitive Personal Data" personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. Information will be treated as Sensitive Personal Data where it is received from a third party that treats and identifies it as sensitive.

Notice

ArthroCare will inform individuals about the purposes for which we collect and use Personal Data about them, how to contact us, the types of non-agent third parties with whom we may share Personal Data, and any ways that individuals may limit the use and sharing of such data. This notice will be provided when individuals are first asked to provide Personal Data or as soon thereafter as is practicable. Such notice may be provided by various means, such as internal policies, statements in forms and questionnaires, work agreements or a privacy policy

Choice

ArthroCare will offer an individual the opportunity to choose (opt out) whether Personal Data are (a) shared with a non-agent third party or (b) used for a purpose other than that for which the data were originally collected or subsequently authorized by the individual. For Sensitive Personal Data, ArthroCare will endeavor to give an individual an affirmative or explicit (opt in) choice if the information is to be disclosed to a third party or used for a purpose other than those for which it was originally collected or subsequently authorized by the individual; provided, however that choice is not required where the processing of Sensitive Personal Data is: (i) in the vital interests of the data subject or another person; (ii) necessary for the establishment of legal claims or defenses; (iii) required to provide medical care or diagnosis; (iv) carried out in the course of legitimate activities by a foundation, association or any other non-profit body with a political, philosophical, religious or trade-union aim and on condition that the processing relates solely to the members of the body or to the persons who have regular contact with it in connection with its purposes and that the data are not disclosed to a third party without the consent of the data subjects; (iv) necessary to carry out our obligations in the field of employment law; or (vi) related to data that are manifestly made public by the individual.

Access

ArthroCare will provide individuals with reasonable access to Personal Data about them and they may request the correction or amendment of Personal Data that they demonstrate to be incorrect or incomplete. ArthroCare will endeavor to process all reasonable requests for access within a reasonable time period but reserves the right to deny access or limit access in cases where the burden or cost of providing access would be disproportionate to the risks to the individual’s privacy or in the case of a vexatious or fraudulent request. Any ArthroCare Employee who desires to review or update their Personal Data can do so by contacting their human resources representative.

Transfers to Agents

ArthroCare will only transfer Personal Data to an Agent where the Agent has provided assurances that the Agent provides at least the same level of privacy protection as is required by these principles. Should ArthroCare become aware of an Agent using or sharing Personal Data in a way that is contrary to these principles, ArthroCare will take reasonable steps to prevent or stop such activity.

Onward Transfer

ArthroCare will only transfer Personal Data to a non-agent third party where consistent with the notice provided to the individuals who are the subject of the data and any consent that those individuals have given.

Data Integrity

ArthroCare will only use Personal Data only in ways that are consistent with the purposes for which it was collected or subsequently authorized by the individual. To the extent necessary for those purposes, ArthroCare will take reasonable steps to ensure that the Personal Data are relevant for its intended use, accurate, complete and current.

Security

ArthroCare will take reasonable precautions to protect Personal Data in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. ArthroCare endeavors to limit access to Personal Data to ArthroCare Personnel that have a specific business purpose for maintaining and processing such Personal Data. ArthroCare Personnel who have been granted access to Personal Data are aware of their responsibilities to protect the security, confidentiality and integrity of such information.

Enforcement

ArthroCare has put in place mechanisms to verify our ongoing adherence to the privacy principles set forth in this Policy. Individuals who wish to file a complaint, ask a question or raise a concern with this Policy should direct such communication to ArthroCare at the address provided below. ArthroCare will investigate and attempt to resolve complaints, questions and concerns regarding the use and disclosure of Personal Data in accordance with the principles set forth in this Policy. Furthermore, ArthroCare is committed to cooperating with local European Data Protection Authorities to resolve any dispute and will take steps to remedy any problems arising out of a failure to comply with the Safe Harbor principles.

Limitations on Scope of Principles

Adherence by ArthroCare to these privacy principles may be limited to the extent required to meet a legal, governmental, national security or public interest obligation.

Contact for Concerns

For questions regarding this Policy please contact ArthroCare at:

ArthroCare Corporation
7000 W. William Cannon Dr., Building One
Austin, Texas 78735
Attention: Compliance Department