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Privacy Policy – Bunion Surgery
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Privacy Policy

Privacy Policy

Revised and Effective April 25, 2022

This Privacy Policy (the “Privacy Policy”) describes how Fusion Orthopedics, LLC (“Fusion,” “we,” “us,” or “our”) and Fusion affiliates collect, store, use, and share your personal information. This Privacy Policy applies to your use of Fusion websites (which include, but are not limited to, www.fusionorthopedics.com, www.lapilock.com, www.lapilockbunionsurgery.com), and all other digital and online services provided by us, as well as information collected offline (collectively, “Services”), and describes our privacy practices relating to the Services.

Your privacy is important to maintain, and we are committed to protecting your personal information. Please review this Policy in order to comprehend how we collect, use, and share personal information.

Article I
Personal Information We May Collect About You

“Personal information” means information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information for purposes of this Privacy Policy does not include information that is publicly available, deidentified, or aggregated.

The categories of Personal Information we may collect include, but is not limited to:

  1. Identifiers including, but not limited to, your name, address, zip code, telephone numbers, email addresses, birth date, and IP addresses;
  2. Geolocation data;
  3. Membership in a protected class, including, but not limited to, sex and age;
  4. Information about your medical conditions, treatment, recovery, payment, and insurance coverage;
  5. Commercial information, including, but not limited to, records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  6. Professional and employment-related information;
  7. Information relating to internet and other electronic network activity, including browsing history, search history and information regarding your interactions with our websites, Services, or advertisements;
  8. Biometric information, including, but not limited to, x-rays;
  9. Audiovisual information;
  10. Inferences from any of the above that may reflect your preferences, characteristics, trends, predispositions, conditions, behavior, or attitudes.

Article II 
How We Collect Personal Information

We may collect your Personal Information through several means, including when you directly provide Personal Information to us, from your healthcare providers, and when we may automatically collect Personal Information about you through your use of our Services and websites.

Article III
Patient Health Information

Fusion is not a covered entity, or a business associate as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH Act”). Fusion does however regularly conduct business with medical practices and medical facilities, and as a result, may receive and store identifiable patient health information. We do so in accordance with applicable laws, rules and regulations, including those under HIPAA and the HITECH Act. For more information on your healthcare provider’s information-sharing practices, please contact the respective provider’s office.

Article IV
Information You Provide to Us

We may collect and store Personal Information you provide directly to us, including when you or someone on your behalf, including but not limited to:

  1. Submit information through our websites;
  2. Register or maintain an account with us on our websites;
  3. Apply for employment with us on our websites or through employment websites such as Indeed, Glassdoor, etc.;
  4. Submit information to us via email, or telephone;
  5. Complete an assessment to determine if you are a candidate for our products/services;
  6. Register for one of our webinars, training sessions, meetings, presentations, or conferences;
  7. Obtain technical support or speak with our customer service representatives;
  8. Submit a testimonial, photo, or video to us;
  9. Participate in an online survey or marketing promotion; 
  10. Do business with us as a medical provider, facility, or practice; or
  11. Connect with us via social media including but not limited to LinkedIn®, Facebook®, Instagram®, and/or the like.

Article V
Service Providers

We may engage third-party service providers from time to time to help us design and operate our websites and Services, understand how users interact with our websites and Services, improve website and data security, and assist us with marketing our Services through social media, search engine optimization, and email marketing. Our Service Providers may use cookies, tracking pixels, and similar technologies to collect Personal Information about your use of our websites as well as Personal Information about your use of other websites over time. 

Article VI
Information We Collect Automatically

In addition to Personal Information you provide to us, we and/or our agents, vendors, business partners, and consultants (collectively “Service Providers”) may collect and store Personal Information and data automatically about how you use our Services. Service Providers with whom Fusion shares Personal Information will not collect, sell, distribute or use the Personal Information except as necessary to perform the services disclosed in Article VIII of this Privacy Policy.  Examples of Personal Information Fusion may collect automatically when using the Services include, but are not limited to:

  1. IP addresses;
  2. Information from a referring source (an advertising site, a blog, a social media site, etc.);
  3. The webpages pages you view immediately before and after you access our Services;
  4. The webpages you view within our websites, search terms you enter, and other actions you take while visiting our websites;
  5. Information from surveys, reviews, testimonials, and promotions;
  6. Information related to whether you’ve opened an email or clicked on a link contained in an email;
  7. Browser type and language, duration of visit, operating system, access time, and referring website address; and
  8. Information from content you post or share publicly on discussion forums or other social media pages (including the content you post, your name, and a link to your profile) may be shared across our Services and in other public or private areas of the Internet.

Article VII
Cookies and Tracking Technologies

We and our Service Providers may from time to time use cookies, tracking pixels, or other tracking technologies to collect and store Personal Information and data about your interactions with our Services and websites. Cookies are small files that a website or a third-party transfers to a computer’s hard drive through a web browser that enable the site’s or service provider’s systems to recognize the user’s browser and capture and remember certain Personal Information about the user. Tracking pixels are small, often-transparent graphic images that can be embedded in web pages, videos, or emails, and can allow a web server to collect Personal Information and data about you such as whether you have viewed a particular web page or email message.

Generally speaking, we and our Service Providers may use cookies, pixels, and other tracking technologies (such as web beacons and HTTP referrers) from time to time to optimize the functionality of the Services and websites, to help us understand how the Services and websites are used, and to provide users with interest-based content or advertising that appeal to the users based on their browsing activities.

To learn more about cookies, including how to set your browser to refuse cookies and how to remove cookies from your browser, visit www.allaboutcookies.org.

Article VIII
How We Use Personal Information

We use your Personal Information for the following purposes:

  1. To send educational information about bunions, bunion surgeries, surgery recover, and our products/services;
  2. To help you determine if you may be a candidate for our products/services/surgical techniques;
  3. To assist you with finding a doctor qualified to perform a procedure using our products/services/ surgical techniques;
  4. To assist you in arranging appointments with the surgeon, doctor or physician that you select;
  5. For purposes of hiring and employment with us;
  6. To send promotional offers and advertisements regarding our products/services;
  7. To respond to questions, requests, and comments from you;
  8. To provide you with downloadable information about our products/services/surgical techniques;
  9. To operate and improve our websites and Services;
  10. For customer service, security, and to detect, prevent and mitigate fraudulent, harmful, malicious or illegal activities;
  11. We may aggregate or de-identify your Personal Information so that it can no longer be linked to you. Aggregated/de-identified information may be used for any purpose as we see fit and in our sole and absolute discretion.

Article IX
How We Share Your Personal Information

We may share Personal Information and data internally among our websites, and with our contractors, business partners, vendors, physician network and Service Providers. We may also share Personal Information and data if necessary for legal reasons, or to protect the rights, privacy, safety or security of you, others, us, our Services or websites. We do not sell Personal Information.

Article X
Ads on Third-Party Sites

We may from time to time share Personal Information with third-party sites (such as Google, Facebook, Instagram, LinkedIn, YouTube, and Twitter) to market our products and services to you while you are browsing the internet, our websites, or using social media. For more information on how these sites use your Personal Information to target advertising appealable to you, please visit their websites.

Article XI
Public Forums, Testimonials, and Patient Stories

We may, but do not currently, offer features on our websites that allow users to connect and share their stories. You do not have to use these online features, but if you do, please use common sense and good judgment when posting in these communities or sharing your Personal Information, photos, or videos with others online.

Please be aware that any Personal Information you choose to submit in any communities, forums, or reviews can be read, collected, or used by others, and could be used to send unsolicited messages to you. Despite our safety and privacy controls, we cannot guarantee that you will not encounter inappropriate or illegal conduct from others when using the Services and websites. You can help us to make our websites (including public forums) welcoming for all users by reporting any offensive or unwelcome conduct to us.

We may engage our Service Providers from time to time to assist in providing community services to you.

Article XII
Online Chat

Some of our websites may from time to time offer an online chat feature where you can ask questions and get real-time answers about our products/services or speak to representatives. We don’t currently but may use Service Providers to help us run our online chat feature if we decide to implement an online chat feature. If you choose to use this feature, the content of the chat messages, as well as your name, email address, and other Personal Information you provide, may be shared with our online chat Service Providers.

Article XIII
Email Communications

We and our Service Providers may send you email communications marketing our Services and our products. You, in your sole and absolute discretion, may unsubscribe from our promotional communications by sending a request to us to remove you from such promotional email communication. If you opt-out of receiving our promotional email communications, we may still send you non-marketing email messages related to your account with us, including specific transactions or interactions with our Services and websites.

Article XIV
Opting Out of Commercial Phone and Text Communications

By independently choosing to provide us with your mobile telephone number, you have provided us, our Service Providers, and the surgeons and doctors you select through the “Find a Doctor” tool with express written consent to send you promotional text messages and phone calls.

You, in your sole and absolute discretion, may choose to opt-out of receiving promotional text messages and phone calls regarding the Lapilock™ 4D Advanced Bunion Surgery™ Procedure at any time. Once you choose to opt-out, you will no longer receive any automated promotional phone calls or text message from us. However, we reserve the right to send you a final confirmation text message confirming that you have unsubscribed from promotional text messages and phone calls. You may also unsubscribe from receiving automated promotional communications by notifying us.

If you choose to opt-out of receiving our marketing calls or text messages, we may still send you text messages or call you for non-promotional purposes, including, but not limited to, providing you information regarding your account with us, appointment reminders, educational information, and specific transactions or interactions with our Services.

Article XV
Information Security

We have established adequate and reasonable physical, technical, and administrative safeguards to help prevent unauthorized access to, use of, and disclosure of, your Personal Information. However, there is no perfect security system and safeguards. Therefore, we cannot guarantee the security of your Personal Information. You are responsible for maintaining the secrecy of any credentials used to access your account with us and Personal Information and you should report suspected unauthorized activity to us immediately.

Article XVI
Do Not Track

We do not currently have the technology to automatically respond to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms.

Our Service Providers may collect Personal Information data that relates to you on our websites, across time, and over other websites. Their responsiveness to do-not-track signals is governed by their privacy policies. You also may limit certain tracking by disabling cookies in your web browser. For more information on Do Not Track, please visit https://allaboutdnt.com/.

Article XVII
Our Websites Are Not Intended for Children

Our websites are not intended for children nor targeted to children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16. If we learn that we happen to possess information from a child under the age of 16, we shall delete such information in accordance with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws upon notice thereof. If you are a parent or guardian and you believe that your child under the age of 16 has provided us with Personal Information without your consent, please contact us using the contact information below.

Article XVIII
Your California Privacy Rights

If you are a California resident, you have the right under the California Privacy Rights Act of 2020 (CPRA) and California Consumer Privacy Act of 2018 to submit certain requests relating to your Personal Information as described below. Please note that when submitting a request, you will be asked to provide credentials and other Personal Information to verify your identity before action is taken. You may designate an authorized agent to make the requests below on your behalf. An authorized agent must submit proof to us that he or she has been authorized by you to act on your behalf, and you will need to verify your identity directly with us through the process described below.

Article XIX
Right to Know and Access Information

If you are a California resident, you have the right to request information regarding the following, to the extent applicable:

  1. The categories of Personal Information we have collected and stored about you;
  2. The specific pieces of Personal Information we have collected and stored about you;
  3. Our business, commercial and marketing purposes for collecting your Personal Information;
  4. The categories of Personal Information that we disclosed for a business purpose in the preceding 12 months, and for each category identified, the categories of third parties to whom we disclosed that particular category of Personal Information;
  5. The categories of sources from which the Personal Information was collected;
  6. The categories of third parties with which we share your Personal Information;
  7. A list of all third parties to whom we have disclosed Personal Information, as defined under California Civil Code Section 1798.83(e) (a/k/a the “Shine the Light Law”), during the preceding year for third-party direct marketing purposes.

You, in your sole and absolute discretion, may submit a request for the Personal Information above to us. In connection with submission of your request, we will take steps to verify your identity as outlined below, and you will need to verify your identity before action is taken.

Please note that due to the different requirements of the applicable laws, our response times may vary depending on the specific type(s) of Personal Information sought. We respond to all verifiable requests for Personal Information as soon as we reasonably can and no later than legally required.

Article XX
Right to Request Deletion of Your Personal Information

California residents also have the right to request that we delete your Personal Information collected or maintained by us. Once we receive your request, we will let you know what, if any, Personal Information we can delete from our records, and we will direct any Service Providers that may have collected and stored Personal Information about you through our websites to delete your Personal Information from their records. There may be circumstances where we cannot delete your Personal Information or direct Service Providers to delete your Personal Information from their records. For example, if we need to: (1) retain your Personal Information to complete a transaction or provide Services; (2) detect security incidents and security breaches; (3) protect against unlawful and malicious activities; (4) identify, debug or repair errors with our websites; or (5) comply with a legal obligation (e.g. a statute that requires that the business maintain documentation relating to the consumer such as maintain “Do Not Call Lists” under the TCPA). You, in your sole and absolute discretion, may submit a request to us to have your Personal Information deleted. In connection with submission of your request, we will take steps to verify your identity as outlined below, and you will need to verify your identity before any action can be taken.

Article XXI
Verification of Requests for Information or to Delete Personal Information

Upon submission of a request for Personal Information or a request to delete Personal Information, we will take reasonable steps to confirm that the person submitting the request to know or request to delete is the person to whom the Personal Information relates or is the authorized agent of the person to whom the Personal Information relates, and to prevent unauthorized access or deletion of Personal Information. The specific steps taken to verify the identity of the requesting person may vary based on the nature of the request, including the type, sensitivity and value of the Personal Information requested, the risk of harm posed by unauthorized access or deletion, the likelihood that fraudulent or malicious actors may seek the Personal Information, the robustness of Personal Information provided to verify your identity, the nature of our business relationship with you, and available technology for verification.

Generally, we try to avoid requesting additional information from you for the purpose of verification, but we may need to do so if we cannot verify your identity based on the information already maintained by us. If we do request additional information to verify your identity, it will be for that purpose only, and will be deleted as soon as practical after processing the request, except as otherwise provided by applicable law.

The following generally describes the verification processes we use:

  1. Password Protected Accounts. If you have a password-protected account with us on any of our websites, we may use existing authentication practices to verify your identity, but will require re-authentication before disclosing or deleting data. If we suspect fraudulent or malicious activity relating to your account(s), we will require further verification (as described below) before complying with a request to know or delete Personal Information.
  2. Verification for Non-Accountholders. If you do not have, have not created, or cannot access, a password-protected account with us, we will generally verify your identity pursuant to the following measures:
  • For requests to know categories of Personal Information, we will verify your identity to a reasonable degree of certainty by matching at least two data points provided by you with reliable data points previously provided by you and maintained by us.
  • For requests to know specific pieces of Personal Information, we will verify your identity to a reasonably high degree of certainty by matching at least three data points provided by you with reliable data points previously provided by you and maintained by us. We will also require a declaration, signed under penalty of perjury, that the person requesting the Personal Information is the person whose Personal Information is the subject of the request or that person’s authorized representative. We will maintain all signed declarations as part of our records.
  • For requests to delete Personal Information, we will verify your identity to a reasonable degree or a reasonably high degree of certainty depending on the sensitivity of the Personal Information and the risk of harm posed by unauthorized deletion. We will act reasonably and in good faith when determining the appropriate standard to apply.

If there is no reasonable method for us to verify your identity, we will state so in response to a request to know or delete Personal Information, including an explanation of why we have no reasonable method to verify your identity and our inability to comply with such a request to know or delete Personal Information.

Article XXII
Right to Non-Discrimination for the Exercise of Your Privacy Rights

We will not discriminate against you for electing to exercise any of the privacy rights granted to you under and conferred by the CPRA. We will not deny you goods or services, charge you different prices or rates, or provide you a different quality of services unless those differences are related to the value of your Personal Information.

Article XXIII
Rights under California’s Shine the Light Statute

Under California Civil Code Section 1798.83, California consumers can request information relating to whether a business has disclosed Personal Information to any third-parties for the third-parties’ direct marketing purposes. Fusion will not sell or transfer your Personal Information to third-party companies for their direct marketing purposes without your consent.

Article XXIV
Nevada Privacy Notice

Nevada law provides that Nevada residents may opt-out of the “sale” of “covered information” to third parties, including but not limited to name, address, social security number, and online service activity. Our uses of your Personal Information are not sales under Nevada law, so no opt-out from you is required.

Article XXV
Changes to Our Privacy Policy

We may change this Privacy Policy at our sole and absolute discretion at any time. It is wholly your responsibility to review our Privacy Policy each time you use our Services and websites or provide Personal Information to us.

Article XXVI
How to Contact Us

If you have any comments or questions about how we collect and use your Personal Information, communications can be submitted to our postal address listed below.

Fusion Orthopedics, LLC
4135 S. Power Rd, Ste 118
Mesa, AZ 85212