Privacy Notice 

Last Updated: February 15, 2024

Introduction

Alphatec Spine, Inc., Alphatec Holdings, Inc., its affiliates, and subsidiaries, (collectively “ATEC”, ‘EOS”, “our”, “we”, or “us”) respect your privacy and are committed to safeguarding your right to privacy and your Personal Data. This Privacy Notice describes the types of information we may collect from you or that you may provide to us when you use our products or interact with us. This Privacy Notice also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. 

This Privacy Notice applies to all Alphatec Spine companies and applies to information we collect: 

• When you visit www.atecspine.com, www.eos-imaging.com, www.onefit-medical.com (collectively our "Website").
• Via e-mail and other electronic communications with you including signing up for our newsletters or requesting information about us.
• When our business partners provide services to you using our products.

Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, access, or use our website and do not disclose your information to us. By accessing or using the Website, you agree to this Privacy Notice. This Privacy Notice may change from time to time. Please check this Privacy Notice periodically for updates.

Residents of certain states in the United States, such as California, Colorado, Connecticut, Utah, and Virginia may have additional rights and choices with respect to their Personal Information rights. Please see Your US Privacy Rights for more information.

This Privacy Notice is intended to explain our privacy practices and covers the following areas:

1. Information We May Collect From You and How We Collect It
2. Purposes for Collecting Personal Data
3. How We Disclose Information With Others
4. Transfer of Data Outside of Home Country
5. How Long We Keep Personal Data
6. Choices for How We Use and Disclose Your Information
7. Data Security
8. This Website Is Not Intended for Children
9. Your Privacy Rights and How To Contact Us
10. US Privacy Rights
11. Changes to Our Privacy Notice

Information We May Collect About You and How We Collect It.

Personal Data, or Personal Information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We collect several types of information from or about you, including:

• Information that identifies you personally or with which you can be contacted, such as, for example, your name, postal address, email address, or telephone number.
• Information that is, used for managing and investigating complaints and research such as, for example, your age, height, weight, racial or ethnic origin, date of birth or gender. 
• Information that is used for improving system health and performance, research and managing complaints, such as, for example, your biometric data including certain body images, diagnostics, and medical history.
• Information about your internet connection, your equipment, and your use of the Website, such as, for example, your IP address or cookie information.
• Information about your interactions with us, such as, for example, the process of receiving, logging, and investigating complaints.

We may use de-identified data in some instances. We maintain such data without attempting to re-identify it or treats such data as Personal Data subject to applicable law. This is performed when data is collected for research purposes from third parties, including business partners, physicians, and hospitals and or vendors. Consent is collected from individuals prior to collection and purpose of collecting the data is provided.

We collect this information:

• Directly from you when you provide it to us such as through submitting forms, providing feedback to us, contacting us, when you subscribe to our newsletters or marketing publications, if you participate in a research study, when you enter any sweepstakes or promotions, and when you submit a survey.
• Automatically as you access or use our website.
• From our service providers and partners such as physicians and hospitals providing information that you have shared with them and they have shared with us to increase the efficiency of the services they provide using our products or to improve our system’s health. 
• Directly from you and to manage and investigate complaints.
• From events you attend including any training events where it has been made known to you that your Personal Data provided will be shared with us.
• From public domains and websites where you may have provided to the public domain such as via academic conference presentations and journal publications.

Automatic Information Collection and Tracking

As you access or use the Website, we may use automatic data collection technologies to collect certain information such as:

• Details of your access and use of the Website.
• Details about your device(s), equipment, connection, and other resources utilized in accessing or using the Website.

We also may use these technologies to collect information about your online activities over time and across third-party apps, websites, or other online services (behavioral tracking). The technologies we use for automatic information collection may include:

• Cookies.  A cookie is a small file placed on your device. Accepting cookies on our websites will opt-in to the collection of some information tied to online tracking mechanisms. The collected information may include IP Address, Device Type, Operating System, Browser Language, Web Page Interaction, and Network Service Provider. If you wish to opt-out of cookies, please click here: “Cookie Settings” . Note that if certain cookies are disabled, it may interfere with the functionality of our website, and you may not use all the features. 
• Beacons.  Pages or screens of the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or screens and for other related usage statistics (for example, recording the popularity of certain content and verifying system and server integrity).

If you are accessing our Website from the European Economic Area (EEA), tracking technologies such as Fathom Analytics use cookies and other, similar technologies, to collect information about how users use the Website. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Fathom Analytics on servers in the EEA. Fathom uses this information for the purpose of logging your clicks through webpages to evaluate your use of our Website, and compiling reports on Website activity to improve site performance. Fathom may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Fathom’s behalf. To learn more about Fathom Analytics, including how to opt out of it, visit https://usefathom.com/privacy.

For more information about the tracking technologies we use, please see our Cookie Policy.

Purposes for Collecting Personal Data

We may use the information that we collect or that you provide to us, including any Personal Data and Personal Information to:

• Provide our product and services to you.
• Provide you with any information, products, or services that you request from us.
• Fulfill any other purpose for which you provide it.
• Communicate with you, including in response to your inquiries and to fulfill your requests, including investigating and addressing your concerns and to monitor and improve our responses.
• For regulatory compliance to manage complaints and adverse events.
• Notify you of updates or changes to our products or services we offer or provide such as through newsletters or other communications.
• Carry out our obligations and enforce our rights, including those arising from any contracts entered between you and us, 
• Provide support, personalize, and develop or improve our website.
• Manage the security and integrity of our premises, systems, products, services, and data.
• Conduct internal data analysis and product or service development.
• Where it is necessary for our legitimate interests and where your interests and fundamental rights do not override those interests.
• To process your job application when you apply for a position with us.
• In any other way described to you when you provide the information; or
• For any other purpose with your consent or as otherwise permitted by law.

For those processing activities that fall under the EEA, United Kingdom and Switzerland data protection laws, the legal basis for processing Personal Data that we rely on may vary depending on the jurisdiction, the types of Personal Data being processed, the nature of the processing being undertaken and the manner and context in which you engage with us. We may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. For example, for complaint processing or adverse event reporting, we rely on compliance of a legal obligation. For new product development, we rely on consent, performance of a contract and legitimate interest. Where we are conducting recalls or supporting the product and system health, we rely on legitimate interest; and where we are conducting post market research or data collection, we obtain consent for legal basis of processing.

How We Disclose Information With Others

We may disclose your Personal Data we collect, or you provide to us:

• With our subsidiaries or affiliates specifically within Alphatec Spine group of companies, “ATEC”, “EOS”.
• With Public Authorities / Government Bodies, in compliance with legal obligations.
• With Physicians and Hospitals with consent of the individual. 
• With Business Partners and External Auditors.
• To contractors, service providers, and other third parties we use to support the operation of our business, including our marketing.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, or other sale or transfer of some or all ATEC/EOS assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding in which Personal Information we hold is among the assets transferred.
• To comply with any court order, law, or legal process, including responding to any government or regulatory request.
• To fulfil our legal contractual obligation. E.g., to provide services using our products.
• Comply with laws and regulations, including (without limitation) applicable tax, health and safety, anti-discrimination, immigration, labor and employment, and social welfare laws.
• Monitor, investigate, and enforce compliance with and potential breaches of ATEC/EOS policies and procedures and legal and regulatory requirements.
• To exercise or defend the legal rights of ATEC/EOS and its employees, affiliates, customers, contractors, and agents.
• As necessary to fulfill the purpose for which you provide it; and
• Otherwise with your consent or in a manner disclosed by us when you provide the information.

Transfer of Data Outside of Home Country

When possible, the data we collect from you is stored and processed at data centres in your home country.

ATEC/EOS will take all reasonable legal, technical, and organizational measures to ensure that if your data is transferred outside of your home country, it will be treated securely and with an adequate level of protection compared to the level of protection offered in your home country.

We may share your Personal Data with ATEC/EOS group of companies who are based outside of your home country. We may also share your Personal Data with public authorities, government bodies or service providers.

We have taken specific steps, in accordance with the applicable data protection law, to protect your Personal Data.  We will strive to restrict the transfer of your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data.

Transfers of Personal Data outside of your home country will take place only where the organization receiving the Personal Data has provided us with adequate safeguards, and subject to a written agreement, in line with applicable data protection laws. This includes implementing legal transfer mechanisms such as Standard Contractual Clauses prior to any cross-border data transfers.

How Long We Keep Personal Data

We retain your Personal Data in an identifiable format for only as long as necessary, for the purposes of use described in this Privacy Notice and generally for the least amount of time necessary to fulfil our legal or regulatory obligations and for our business purposes. We may retain your Personal Data for a longer period when there is a specific legal requirement to do so, for example in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances, we may anonymize your Personal Data for statistical purposes or research. 

It is important that the information and Personal Data we hold about you is accurate and current.  For more information about our retention practices, please contact us using the contact information provided below.

Choices for How We Use and Disclose Your Information

We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. You have the following choices:

• Tracking Technologies. You can set your browser or device to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly. 
• Marketing Emails. You can opt out of marketing or advertising emails and newsletters by using the mechanism noted in communications you receive from us. Once we process your request, we will cease using the information for such purposes at no charge to you. 
• Fathom Analytics. To learn more about Fathom Analytics, including how to opt out of it, visit https://usefathom.com/privacy.

Although we do not believe we disclose any of your Personal Data for marketing or advertising purposes, we do not control any third parties' collection or use of your information to serve interest-based advertising. These third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting Your Information

You may send us an email at privacy@atecspine.com to request access to, correct or delete any Personal Data that you have provided to us. We may not delete your information if retention is required for compliance with a legal obligation or otherwise for our legitimate business purposes consistent with this Privacy Notice or as permitted by law. We may not accommodate a request to change Personal Data if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Security

Protecting your Personal Data and your privacy is extremely important to us. Being entrusted with some of your most valuable data, we have set high standards for data security. We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used, accessed, altered, or disclosed in unauthorized manner.

We store all Personal Data provided to us behind firewalls on servers employing security protections. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of the information transmitted to or via the Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Website.

Your Privacy Rights and How To Contact Us

Contact Information

To ask questions or comment about this Privacy Notice and our privacy practices, contact us at: privacy@atecspine.com or via our toll-free number (844) 222-6773.

Under certain circumstances, you have privacy rights under the data protection laws in relation to your Personal Data. For residents of jurisdictions without privacy rights, we will consider requests but will apply our discretion in how we process such requests.

Subject to certain exceptions, the common privacy laws afford individuals the following rights:

Request access to your Personal Data

This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Data 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 Data

This enables you to ask us to delete or remove your Personal Data. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. We may, however, keep some of your data to comply with the law or for tax purposes but we will evaluate your request within applicable data protection laws.

Object to processing of your Personal Data

In certain circumstances you can object to our processing of your Personal Data. You have the absolute right to object where we are processing your Personal Data for direct marketing purposes. You can exercise this right at any time by contacting us.

You have the right to opt-out of the sale or sharing of your Personal Information.

You have the right to direct us to limit the use or disclosure of your Sensitive Personal Information to only the purposes specified in the relevant data protection law.

You have the right to opt out of automated decision-making, including profiling, that we use to evaluate certain qualifications as part of the recruitment process.

Request the transfer of your Personal Data to you or to a third party.

We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine readable format. This right applies to information which you have provided consent for us to use or where we used the information to perform a contract with you.

Request restriction of processing of your Personal Data

This enables you to ask us to suspend the processing of your Personal Data in the following scenarios:

• If you want to establish the data’s accuracy.
• Where our use of the data is unlawful, but you do not want us to erase it.
• 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.
• You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

Withdrawal consent at any time where we are relying on consent to process your Personal Data

If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

You have the right to not be discriminated against for exercising your rights. We will not discriminate against you, deny you services, charge you a different price, or provide you with a lesser quality of services if you exercise any of your rights.

If you wish to exercise any of the rights set out above, you may reach out to us by contacting us as provided above or by completing the Data Subject Request webform. Please note that before we process your request, we may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a safeguard to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Your US Privacy Rights

Certain states provide their residents with additional rights regarding our use and disclosure of their Personal Information.  To learn more about the additional rights applicable to your state, please see the additional provisions for your state below:

Colorado, Connecticut, Utah, and Virginia

Colorado, Connecticut, Utah, and Virginia provide their residents with certain additional rights and protections about their Personal Information.  In addition to the Notice and disclosures set forth above, the following specific terms apply to Colorado, Connecticut, Utah, and Virginia residents and their Personal Information:

• Non-Discrimination. You will not receive discriminatory treatment because of exercising your rights under the Colorado Privacy Act (“CPA”), Connecticut Data Privacy Act (“CTDPA”), Utah Consumer Privacy Act (“UCPA”) or Virginia Consumer Data Protection Act (“VCDPA”), as applicable.
• Disclosure. You can learn about the categories of Personal Information we process, the purposes for our processing your Personal Information here, and the categories of third parties with whom we share your Personal Information by reviewing the relevant sections of this Privacy Notice, above. 
• Sensitive Information.  You have the right to be notified and provide affirmative consent prior to our processing of sensitive data about you as that term is used in the CTDPA, CPA, UCPA, or VCDPA, as applicable.  We do not collect sensitive data about you unless we provide specific Notice prior to collection and obtain your affirmative advance consent. 
• Right to Confirm, Have Access, and Data Portability. You have the right to confirm whether we process your Personal Information. You have the right to request access to and/or obtain a copy of any Personal Information we may hold about you.
• Right to Correct. You have the right to request that we correct inaccuracies in your Personal Information.
• Right to Delete. You have the right to request that we delete Personal Information we have collected from or obtained about you.
• Right to Opt Out of Sales. You have the right to opt out of sales of your Personal Information.
• Right to Opt Out of Profiling. You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects.
• Right to Opt Out of Targeted Advertising. You have the right to request that we stop disclosures of your Personal Information for targeted advertising. In addition, you have the right to opt out from processing your Personal Information for the purpose of targeted advertising to you.
• Right to Appeal. If you are unsatisfied with our actions related to the exercise of one of your privacy rights above, you may appeal against our decision.
• Right to Contact the Attorney General.  If you are unsatisfied with the results of your appeal, you may contact the Attorney General of your state.

How to Exercise your Rights.  Colorado, Connecticut, Utah, and Virginia residents may exercise their privacy rights by utilizing the contact information provided above or emailing us at privacy@atecspine.com. Alternatively, you may complete the Data Subject Request webform.

Nevada

Nevada provides its residents with a limited right to opt-out of certain Personal Information sales. We do not currently sell any information or otherwise trigger Nevada's opt-out requirements.  Nevertheless, any Nevada residents who wishes to exercise this sale opt-out right proactively may submit a request using the contact information provided above or emailing us at privacy@atecspine.com. Alternatively, you may complete the Data Subject Request webform.

California

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This Privacy Notice for California Residents supplements the information contained in ATEC/EOS’ Privacy Notice, above, and applies solely to visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this Notice to comply with the California Consumer Privacy Act of 2018, as amended, including through the California Privacy Rights Act and all implementing regulations (collectively the "CCPA") and any terms defined in the CCPA have the same meaning when used in this policy. 

This policy does not apply to workforce-related Personal Information collected from California-based employees, job applicants, contractors, or similar individuals, which information is subject to a separate Employee Notice. Please contact privacy@atecspine.com for more information on the California specific Employee Notice.

Information We Collect

As described in our Privacy Notice, above, we may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (generally "Personal Information"). Personal Information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
  • 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), clinical trial data, or other qualifying research data.
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Within the last twelve (12) months, we have collected the following categories of Personal Information from consumers, for the following businesses purposes in each category without limiting the description of our purposes for collection and use in our Privacy Notice above, and for the following categories of third parties we may share your Personal Information with: 

Category	Examples	Purposes of Collection, Use and Disclosure	Categories of Third Parties Shared
Identifiers	Last name, first name, date of birth, full name, or email address, height, weight	To manage, log and investigate complaints & adverse event reporting To perform risk management and compliance activities necessary throughout our products lifecycle To perform research and analysis for new product development To determine usage and system health / performance to enhance the operations of imaging equipment To communicate with you, including in response to your inquiries and to fulfill your requests	Physicians and Hospitals Public Authorities/Government Bodies External Auditors
Personal Information described in Cal. Civ. Code § 1798.80(e) ("Customer Records" information)	Age or gender	To manage, log and investigate complaints & adverse event reporting To determine usage and system health / performance To enhance the performance of imaging equipment's To perform research and analysis for new product development	Physicians and Hospitals Public Authorities/Government Bodies External Auditors
Protected classification characteristics under California or federal law	Racial or ethnic origin	To perform research and analysis for new product development To manage, log and investigate complaints & adverse event reporting	Physicians and Hospitals
Biometric Information	Patient diagnostics, medical histories, or imaging	To manage, log and investigate complaints & adverse event reporting To determine usage and system health / performance to enhance the operations of imaging equipment To perform research and analysis for new product development	N/A
Internet or other similar network activity	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. and comply with legal requirements	To maintain communication with site visitors To understand your preferences, make recommendations, and deliver personalized offers and communications To promote and offer our Products To operate our business, complete transactions, and comply with legal requirements	Third party marketing providers

We obtain the categories of Personal Information listed as being collected above from the following categories of sources:

• Directly from you. For example, from when you contact us to log a complaint with us. 
• Indirectly from you. For example, from observing your actions while using the Website.
• From our service providers and business partners.  For example, when we provide maintenance to our products used by our business partners and service providers, e.g., hospitals. 
• From events including training when you register to attend.

For all categories of Personal Information, we may also use such Personal Information for the following business purposes:

• To fulfill or meet the reason you provided the information.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including developing and improving our website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosing Personal Information

We do not sell your Personal Information.

We may disclose your Personal Information with our service providers in connection with the operation of our business as well as sharing your Personal Information with them in context of Website analytics and performance.

Reselling Personal Information

The CCPA prohibits a third party from reselling Personal Information unless you have received explicit notice and an opportunity to opt-out of further sales. We do not authorize third parties to resell your Personal Information. 

Sensitive Personal Information

We may collect the following categories of Sensitive Personal Information about you: 

• Protected classification characteristics under California or federal law such as racial or ethnic origin. This Personal Information is gathered to perform research and analysis for new product development. This Personal Information is also used to manage, log, and investigate complaints and adverse event reporting. 
• Biometric information such as patient diagnostics, medical histories, or imaging. This is gathered to manage, log, and investigate complaints & adverse event reporting, determine usage and system health / performance. It is also used to enhance the operations of imaging equipment and perform research and analysis for new product development. 

We collect and use these categories of Sensitive Personal Information for the legitimate business purposes described above. We do not collect Sensitive Personal Information for the purpose of inferring characteristics about you and we also do not use or disclose Sensitive Personal Information for purposes to which your right to limit use and disclosure applies under the CCPA.

Retaining Personal Information

The length of time that we retain each category of Personal Information will depend on a number of criteria, including (i) the length of time we are required to retain Personal Information in order to comply with applicable legal and regulatory requirements, (ii) the length of time we may need to retain Personal Information in order to accomplish the business or commercial purpose(s) for which such Personal Information is collected, used or disclosed (as indicated in this Notice), and (iii) whether you choose to exercise your right, subject to certain exceptions, to request deletion of your Personal Information.

Your Rights and Choices 

The CCPA provides consumers with specific rights regarding their Personal Information. This section describes your additional CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity, we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• If we sold or disclosed your 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 of recipient obtained. 
• The specific pieces of Personal Information we collected about you (also called a data portability request).

Right to Delete 

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action. 

Right to Correct

You have the right to request that we correct Personal Information that we maintain about you if you believe it is inaccurate. We may request documentation to validate the request and will use reasonable efforts to correct the Personal Information. In certain applications, you can also correct certain Personal Information we maintain about you by logging into your account and editing your profile or account information.

Exercising Your Rights to Know, Delete, or Correct

To exercise your rights to know, delete or correct described above, please submit a request by either: 

• Contacting us at privacy@atecspine.com.
• Call us at: (844) 222-6773
• Completing the Data Subject Request webform

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information. Authorized agents can submit a request on your behalf by completing our Agent or Legal Representative Webform.

You may only submit a request to know twice within a 12-month period. 

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. 

We will only use Personal Information provided in the request to verify the requestor's identity or authority to make it. 

Any disclosures we provide will only cover the 12-month period preceding receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we 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. 

Opt-Out Rights

CCPA provides you the right to opt out of various processing, use, and disclosures of your Personal Information as follows below. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Tracking

You may have the right to opt out of the use of automated technologies to collect information about a consumer's online activities over time and across various websites and services (also called tracking).  We have enabled Global Privacy Control, which is designed to recognize opt-out preference signals assuming your browser or extension supports such signals. You can also opt out of tracking by adjusting your cookie settings.  

Profiling

You may have the right to opt out of automated processing of Personal Information in connection with evaluating personal aspects and making predictions about a consumer's performance or characteristics (also known as profiling or automated decision making).

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by using the contact information above.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you with a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
• Offer financial incentives as defined by the CCPA.

Other California Privacy Rights

California's "Shine the Light" law (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 email us at privacy@atecspine.com 

Changes to Our Privacy Notice for California Residents 

We reserve the right to amend this Privacy Notice for California Residents at our discretion and at any time. When we make changes to this Privacy Notice for California Residents, we will post the updated Notice on the Website and update the last revised date. 

Contact Information

If you have any questions or comments about this Notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (844) 222-6773

Email: privacy@atecspine.com

Postal Address: 

ATEC SPINE

Attn: Legal Department

1950 Camino Vida Roble

Carlsbad, CA 92008

If you need to access this Policy in an alternative format due to having a disability, please contact privacy@atecspine.com or (844) 222-6773.

Changes to our Privacy Notice

We will regularly review and update this Privacy Notice. Any changes or updates we make will be posted on this page and, where required, notified to you by your email that you provided to us. However, you are responsible for periodically visiting this Privacy Notice to check for any changes. If you would like to know when the last update of this Privacy Notice is, please refer to the “Last Update” on the top corner of this Privacy Notice.