Who We Are And How This Statement Applies To You
At Surgere, we believe trust is the cornerstone of all relationships. This statement describes the Personal Data Surgere may collect about you through websites, applications or other means, how we may use this data, and other related information that is important for you to know.
This data privacy statement reflects the value we place on earning and keeping the trust of our customers, business partners, and others who share their Personal Data with us. Below we describe the Personal Data Surgere may collect about you through websites and/or applications (our “Online Interfaces”) or other means, how we may use this data, and other related information that is important for you to know.
For the purposes of this statement, “Surgere” refers to Surgere, LLC. Please see the “Contact Us” section below for further information on the identity of the data controller.
What Happens If I Do Not Provide My Personal Data To Surgere?
As a general principle, your granting of any consent and your provision of any Personal Data hereunder is entirely voluntary.
There are generally no detrimental effects on you if you choose not to consent or to provide Personal Data or withdraw your consent to our processing of Personal Data. However, there are circumstances in which Surgere cannot take action without certain Personal Data, for example because this Personal Data is required to process your orders or provide you with access to a web offering or newsletter. In these cases, it will unfortunately not be possible for Surgere to provide you with what you request without the relevant Personal Data.
Types Of Personal Data We Collect
When Surgere collects your personal data, we collect what is relevant, adequate, and not excessive for the purpose it is collected. These types of data may include contact, communications and payment data, demographic and marketing data, data relevant to our website, and other types of Personal Data relevant to the purpose for which it is collected.
These are the types of Personal Data that we may collect or create about you:
- Contact data, such as name, title, phone number, mailing address, and e-mail address;
- Communication data submitted by you, such as orders, questions, and feedback;
- Demographic data, such as language, age, and gender;
- Marketing preferences, such as e-mail subscription and frequency preferences;
- Payment data, such as credit card details and account data;
- Site data used to facilitate the use of the site, such as login and technical data;
- Other data, such as product use and application data, the browser you are using, your location and other geographic data, the website you came from and the website you visit after leaving and social media data.
Surgere will generally not collect Sensitive Personal Data unless allowed by law or with your affirmative consent. Surgere accepts your explicit consent to use this data in the ways described in this Privacy Statement or at the point where you disclosed the data.
How We Collect Your Personal Data
We may collect, create, and observe Personal Data about you from a variety of sources, including directly from you, from technology such as cookies, and from third parties.
These are the ways that we may collect or create information about you.
- Directly From You. We may collect Personal Data directly from you through a variety of sources, such as telephone, email, our Online Interfaces (including the chat functionalities and contact forms) or our online advertisements. Specifically, we may collect Personal Data during the initiation or execution of business relationships, during events or tradeshows, when you subscribe to newsletters, request publications, complete surveys, submit rebates and promotions, register for Surgere events or online services, submit an application for employment, contact us for further information, utilize website tools.
- From Third Parties. We may also collect Personal Data from public sources or third party data providers. When we receive such data, we will notify you about where the Personal Data came from and if it came from publicly accessible sources.
How We Retain Your Personal Data
We will keep your Personal Data for the period necessary to fulfill the purposes described in this Privacy Statement unless a longer retention period is permitted by law.
How long we retain your personal data depends on the purpose for which it was obtained and its nature. We will keep your Personal Data for the period necessary to fulfill the purposes described in this Privacy Statement unless a longer retention is required. Some of the primary criteria we use to determine when to retain your data:
- When you have an active account or relationship with Surgere;
- When we are getting to know you as a potential customer;
- When we need to comply with a court order, law, or legal process;
- When stored on our backup and disaster recovery systems in accordance with our backup and disaster policies and procedures;
- When we have a legitimate interest in retaining the data, and our interests are not outweighed by your rights and freedoms;
- When legal requirements and professional guidelines require it – such as tax and audit purposes, or information on aspects of health and safety;
- When we have your consent.
For more information on where and how long your personal data is stored, please contact us at email@example.com
How We Use Your Personal Data
Surgere may use your Personal Data to serve you, improve our services, and fulfill the purpose for which you gave us your Personal Data, such as to carry out a transaction, communicate with you, and run our business operations. Surgere relies on several legal bases, such as your consent or Surgere’s legitimate interests, for using your Personal Data depending on the circumstances.
How we use your Personal Data may include:
- Carry out transactions you have requested, such as processing orders, registering purchased products, handling warranty claims, and answering customer service requests;
- Communicate with you about your account or our relationship;
- Inform you of products or services available from Surgere in which you may be interested;
- Send you surveys regarding your use of Surgere products and services;
- Improve the usability of the site while on our website, including making navigation easier;
- Learn about you and how you interact with our web content;
- Respond to or process a job application or inquiry;
- Run our business operations and manage our risks, including protecting the rights and property of Surgere and others;
- Comply with legal requirements and internal policies, such as audit and security policies; and
- Improve our products and services.
Surgere does not use your Personal Data with automated decision making processes without human intervention.
Basis For Processing Your Personal Data
We process your personal information based on your consent, our legitimate interests, in order to fulfill our obligations to you under our contract, or as required by law.
Surgere has a lawful basis for each of the uses of your Personal Data in the above listed ways. Specifically, we process your Personal Data under the following bases:
- Consent. In some cases, Surgere will only process your Personal Data after you have granted your prior consent. Subject to this Privacy Statement or the consent statement at the point of collection of the consent, these are for example signing up for news about Surgere products, services, training, or other events; creating user profiles; registering for an event or training. Please note that most likely we do have a different legal basis for processing (e.g. legitimate interest) so that consent is not needed. When our use and sharing is not readily apparent when you provide your Personal Data, we will provide you additional information at the time we collect the Personal Data regarding our purposes and use of the Personal Data.
- Legitimate Interests. Surgere will process your Personal Data as necessary for our legitimate interests such as to facilitate communication between Surgere and you; to improve our Online Interfaces by reviewing how you use our site and issues you may encounter while using our Online Interfaces; promote our business by using your email or other contact information to communicate with you; to safeguard our IT infrastructure and intellectual property by logging your IP address for intrusion detection purposes, detect and prevent fraud and other crimes; to check your credit and perform risk assessments; and to develop or enhance our product and services. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms are outweighed by our processing.
- To Fulfill Our Obligations to You Under Our Contract. We process your Personal Data in order to fulfill our obligations to you pursuant to our contract with you to deliver our goods and services to you. Specifically, we process your Personal Data to provide you with the products and services you request from us.
- As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspection, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.
How We Share Your Personal Data
Surgere may share your Personal Data with third parties with your consent, for processing on our behalf, or for legal reasons.
We do not share your Personal Data with third parties except in the following circumstances.
- With your consent. We may share your Personal Data when we have your consent.
- For processing on our behalf. We may share your Personal Data with third parties that carry out activities at our direction. These activities could include any of the processing activities that Surgere carries out as described in the above sections, ‘HOW WE COLLECT YOUR PERSONAL DATA’ and ‘HOW WE USE YOUR PERSONAL DATA.’ These third parties are contractually obliged to keep Personal Data protected and to limit its use only to the purposes for which your data was provided.
- For legal reasons. We may share your Personal Data with a third party when it is reasonably necessary to comply with law, statute, rule, regulation, or professional standard, or to respond to a subpoena, search warrant, or other legal request.
Security Of Your Personal Data
The security of your Personal Data is important to us. Surgere has put in place technical and organizational safeguards to protect the confidentiality, integrity, and availability of your Personal Data.
The security of your Personal Data is important to us. Surgere has put in place technical and organizational safeguards to protect the confidentiality, integrity, and availability of your Personal Data. We protect your Personal Data against unauthorized access, use or disclosure, using security technologies and procedures, such as encryption and access controls and limitations.
The safety and security of your Personal Data also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Online Interfaces, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
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 your Personal Data transmitted to our Online Interfaces. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Online Interfaces.
Accessing And Making Choices About Your Personal Data
We use some third-party services to help us provide you with the services you order from us and to help us manage, maintain, and improve our Online Interfaces. You have choices regarding how these third party services use and disclose your Personal Data. Additionally, we provide a number of other choices to you regarding our use and disclosure of Personal Data you provide to us.
We strive to provide you with choices regarding the Personal Data you provide to us. We have provided the following mechanisms to provide you with control over your information:
Promotional Offers from Surgere. We will only use your Personal Data to promote our own or third parties’ products and services with your express consent. If you wish to consent to this use, you can check the relevant box located on the form on which we collect your data or seek such consent. If you wish to change your choice, you may do so by contacting us at firstname.lastname@example.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or you may click the “unsubscribe” link within the email. This opt out does not apply to information provided to Surgere as a result of a product purchase, warranty registration, product service experience, or other transactions.
Your Rights Regarding Your Personal Data
Applicable data protection laws may provide you with certain rights regarding our processing of your Personal Data. Specifically, these laws may provide you the right to access and update your Personal Data, restrict our processing of your Personal Data, withdraw your consent to our processing of your Personal Data (when applicable), and the right to have your data erased. You also have the right to lodge a complaint with supervisory authorities if you believe your rights have been violated.
Applicable data protection laws may provide you with certain rights regarding our processing of your Personal Data. These rights, and information on how you may exercise these rights, are described in detail below.
- Access Update Restriction and Deletion. You can review, change, update and delete your Personal Data. You can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing, but we have retained it as permitted by law. If you request deletion of your Personal Data, we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed.
- Portability. To the extent the Personal Data you provide Surgere is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used, and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
- Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account or by exercising your rights as described below. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
- How You May Exercise Your Rights. You may exercise any of the above rights either by contacting us at email@example.com. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements.
Complaints. You also have the right to lodge a complaint with the applicable data protection authority in the country you live or work in. However, before doing so, we request that you contact us directly to give us an opportunity to work directly with you to resolve any concerns about your privacy.
Where Do We Process Personal Data?
In order to provide our Online Interfaces, products and services to you, we may send and store your Personal Data outside the country where you reside or are located, when this occurs, we use appropriate safeguards permitted under applicable data protection law to protect your Personal Data.
Your Personal Data may be transferred within Surgere or to third parties who process the data on our behalf outside the country where you reside or are located, including the United States, India and other countries that may have a lower data protection level than the countries of the European Economic Area (EEA).
Your Personal Data is transferred by us to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with this Privacy Statement, Surgere uses Data Protection Agreements between Surgere and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third party.
Our Online Interfaces are intended for adults and we do not knowingly collect information from children under the age of 16. Children under the age of 16 are prohibited from using or providing any information on our Online Interfaces. If we learn we have collected or received Personal Data from a child under the age of 16, we will delete it.
Surgere understands the importance of protecting the privacy of children especially in an online environment. Our Online Interfaces where this Privacy Statement is found are intended for adults, and we do not knowingly collect information from children under the age of 16. If you are under 16, do not use or provide any information on our Online Interfaces or on or through any of their features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 16, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at firstname.lastname@example.org or through the contact information below.
How We Change And Update This Privacy Statement
We may update our privacy statement at any time. When we do, we will publish the current version. If we make material changes to how we treat our user’s Personal Data, we will notify you by email and/or through a notice on our Online Interfaces’ home page.
If you have any questions about this Statement or our use of your Personal Data, please contact us at email@example.com or by using the information below.