Zimmer Biomet (collectively “Zimmer Biomet,” “we,” “our,” or “us”) values your privacy and the protection of your Personal Data.
The Zimmer Biomet Privacy Notice (“Privacy Notice”) accessible at https://www.zimmerbiomet.com/en/corporate/privacy-notice.html describes how we handle your Personal Data generally.
In some circumstances, Zimmer Biomet may process Personal Data that could constitute “Consumer Health Data” as defined under applicable U.S. state consumer health privacy laws (“collectively CHD Laws”), such as the Washington State My Health My Data Act (MHMDA) and Nevada’s Consumer Health Data Law (SB 370).
Under CHD Laws, Consumer Health Data is broadly defined as Personal Data that is linked or reasonably linkable to a consumer and that may identify the consumer's past, present, or future physical or mental health status or that is used to identify health status.
This Consumer Health Data Privacy Policy (“Health Privacy Policy” or “Policy”) supplements our Privacy Notice and explains how Zimmer Biomet collects, uses and otherwise processes Consumer Health Data in connection with our websites, mobile applications, online services, products and services (collectively “Products and Services”).
In the event of a conflict between any other Zimmer Biomet policy, notice, or statement and this Health Privacy Policy, this Policy will prevail as to Consumer Health Data collected under CHD Laws.
Consumer Health Data We May Collect
Zimmer Biomet only collects, uses and discloses Consumer Health Data as needed (i) with your consent; (ii) to provide you with the Products or Services that you request; and/or (iii) where required, with your authorization.
Zimmer Biomet may collect the following categories of Consumer Health Data from and about you:
- Interest in specific Products and Services or similar health-related products and services
- Health-related surgeries or procedures
- Health conditions, treatments, diseases or diagnoses
- Social, psychological, behavioral, or medical interventions
- Bodily functions, vital signs, symptoms, or measurements
- Biometric data (photos or videos) for specific Products or Services or research studies
- Genetic information for specific Products or Services or research studies
- Use or purchase of prescribed medication
- Diagnoses or diagnostic testing, treatment, or medication
- Precise location information that could reasonably indicate your attempt to acquire or receive health services or supplies
- Information that could identify your attempt to seek health care services
- Any inferences of the above categories of health data derived or extrapolated from non-health information
Sources of Consumer Health Data
Zimmer Biomet may collect Consumer Health Data directly from you, from your interactions with our Products and Services, from third parties acting at your direction, from authorized legal representatives, family members and caregivers, and from publicly available sources.
- From you. Examples include when you request our Products and Services or similar health-related products and services, join an email marketing list, participate in an event or course, or volunteer the information in connection with a survey, promotion or via social media.
- From your interactions with our Products and Services. Examples include when you consent to providing health trend data or treatment data when using our Products and Services, or browse our websites (via cookies and other similar technologies). More information about the cookies and other technologies that we use when you interact with our Products and Services is available in the Marketing, Cookies and Analytics section of our Privacy Notice and in our Cookie Notice accessible at https://www.zimmerbiomet.com/en/corporate/cookies-notice.html.
- From your authorized legal representatives, family members and caregivers.
- From our business and marketing partners or third-party applications acting at your direction. Examples include third parties that purchase our Products and Services or similar health-related products and services, that take advantage of our promotions, or third-party service providers that collect your Consumer Health Data over time and across different websites or online services when you use our Products and Services. Third parties that provide us with information about consumers that visit our websites or use our online applications may also collect Consumer Health Data from you that is unrelated to our Products and Services. This data collection can occur over time and across different websites or online services depending on your browser, browser add-ons, and associated permissions you set on your device. Please review your browser settings and review third party privacy notices for more information about their Consumer Health Data practices.
- From other third-party sources. Examples include third parties such as data brokers who provide us with information about consumers that may be interested in our Products and Services.
- From publicly available sources.
- We may also infer or derive Consumer Health Data by analyzing other non-health related data we have about you or other consumers.
Why We May Collect, Use and Disclose Consumer Health Data
We may collect, use and disclose Consumer Health Data for purposes generally described in our Privacy Notice.
Primarily, we collect, use and disclose Consumer Health Data as reasonably necessary to provide you with the Products and Services that you have requested, authorized or with your consent. This includes using Consumer Health Data to deliver or operate our Products and Services, to personalize your experience with our Products and Services, to communicate with you, and to comply with the law. We may also collect, use and share Consumer Health Data for the following purposes:
- Customer Service and Communications. To communicate with you about your use of our Products and Services, to provide technical support, and to respond to your questions or to fulfill your requests. We may also send you transactional messages or administrative information, including messages related to and an event, educational content, medical studies, security and technical alerts or changes to our terms, conditions and policies.
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Business Operations. To deliver and operate our Products and
Services and to conduct other essential business operations that
support and improve our Products and Services, including to:
- conduct internal quality control, workforce training and data analytics;
- conduct system security, administration and technology management to optimize and protect our Products and Services;
- administer and maintain risk management, auditing, assessments, investigations, reporting, recordkeeping and other legal and compliance functions;
- assesses and implement mergers, acquisitions, reorganizations, bankruptcies, financing and other business transactions;
- analyze our business performance and identify usage trends; and
- measure and track the effectiveness of advertising campaigns.
- Legal Compliance. To comply with applicable laws, lawful requests and legal processes, including to respond to requests from government authorities.
- Marketing and Advertising. To conduct marketing and advertising campaigns with your consent about our Products and Services (or the products and services of our partners), including to send you personalized marketing and promotional communications, surveys and information about our Products and Services. We may provide you this information via phone, text or email in compliance with applicable laws and based on your preferences.
- Research and Development.We may aggregate, de-identify, pseudonymize, or anonymize Consumer Health Data and use and disclose aggregated, de-identified, pseudonymized or anonymized Consumer Health Data related to our Products and Services for research, development and other purposes as permitted under applicable law. If we de-identify information that was originally based on Consumer Health Data, we maintain and use that information in de-identified form and will not attempt to re-identify the data, except as otherwise permitted under applicable law. We may also communicate with you about our Products and Services and seek your input for market research and product improvement purposes.
- Health & Safety. To prevent, detect, investigate or respond to potential threats to health and safety, fraud, unauthorized activities and access, illegal activities and misuse of our Products and Services.
Third Parties with Which We May Share Consumer Health Data
As necessary for the purposes described above, we may share each category of Consumer Health Data with the following parties:
- Affiliates, subsidiaries and business partners. We may disclose your Consumer Health Data to our affiliates, subsidiaries and any company owned or controlled by Zimmer Biomet. We may also disclose Consumer Health Data with other businesses that we partner with to provide the Products and Services.
- Vendors and service providers. We may disclose your Consumer Health Data to vendors, service providers and contractors who perform functions and provide services on our behalf, such as IT support services and website hosting, marketing and marketing research providers, customer support, data storage, data analytics providers, auditors, consultants and legal counsel. These data processors may only use the data as directed by us and in a manner consistent with this Policy.
- Government Agencies, Law Enforcement and Other Third Parties as Required by Law; Protection and Safety. We may disclose your Consumer Health Data to government or law enforcement officials or other third parties when we believe doing so is necessary to comply with applicable law or respond to a valid legal process. We may also disclose your Consumer Health Data to government or law enforcement officials or other third parties when we believe doing so is necessary to protect our Products and Services, our rights and property or the rights, property and safety of others.
- Parties to a corporate transaction. We may disclose Consumer Health Data as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.
- Other disclosures. We may disclose Consumer Health Data to other parties in ways not described above. We will notify you of any material changes and obtain your consent to the extent required by applicable law.
Your Consumer Health Data Rights
The CHD Laws may provide certain rights with respect to Consumer Health Data we process. If you are a resident of a U.S. state with a CHD Law, you may exercise the following rights regarding Consumer Health Data we process, subject to applicable law and certain exceptions.
- The right to confirm whether we are collecting or sharing your Consumer Health Data.
- The right to request access to the Consumer Health Data we collected about you.
- The right to request access to all third-party recipients of your Consumer Health Data.
- The right to request that we cease collecting or sharing your Consumer Health Data.
- The right to request that we delete the Consumer Health Data we collected about you.
- The right to withdraw your consent to our collection and sharing of your Consumer Health Data.
- The right not to receive discriminatory treatment for the exercising your Consumer Health Data rights.
To exercise these rights, appeal the denial of one of your requests, or make a complaint about how we process your Consumer Health Data, please submit a request using the Privacy Request Form, write at privacy.global@zimmerbiomet.com or for the US only, call us at 1-844-922-2721.
Zimmer Biomet will not discriminate against you for exercising any of the rights described above, although we may not be able to continue to provide you with certain Products and Services or it may otherwise affect the way we are able to interact with you.
Please note that after receiving your request, we may require additional information from you or your authorized agent to honor your request and may deny your request if we cannot verify your identity or status. Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so.
If your request to exercise a Consumer Health Data right remains unresolved, you may contact the relevant U.S. State Attorney General or other regulatory authority, as applicable.
Changes to This Policy
This Health Privacy Policy is effective as of the date last updated, as indicated below. We reserve the right to amend this Policy at our discretion and at any time. If we make any material changes to this Policy, we will obtain your consent to the extent required by applicable law, including by either notifying you at the time of collecting Consumer Health Data, or by updating this Policy without notice. As such, you should review this Policy periodically. Your continued interactions with us and/or the use of our Products and Services subject to this Policy constitutes your agreement to this Policy.
Contact Us
If you have any questions, concerns or complaints about this Health Privacy Policy or the way we process your Consumer Health Data please email us at privacy.global@zimmerbiomet.com or write to us at Zimmer Biomet, Attn: Global Privacy Officer, 345 East Main Street, Warsaw, Indiana 46581-0708.
Effective Date: November 20, 2024