Last Revised: September 21, 2023

AtriCure, Inc. (collectively with its subsidiaries and affiliates, “AtriCure”, “we”, “us” and “our”) is committed to protecting the information of visitors and consumers who use our products and services. This California Privacy Disclosure (“Disclosure”) outlines how AtriCure collects, uses, and discloses the personal information of California consumers covered by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”). The words “you” and “your” refer to you as a user of the Website (defined below), including as a website visitor, job applicant, or healthcare professional; “consumer” shall mean California consumers as defined in the CCPA.

This Disclosure describes the types of information we collect from you or that you may provide when you:

• visit our website(s) available at: “atricure.com” as well as any websites directly owned by AtriCure where this Policy is linked (collectively, our “Website”).

PRIVACY POLICY; TERMS OF USE

This Disclosure is incorporated by reference and should be read in conjunction with AtriCure’s (1) Privacy Notice and (2) Terms of Use.

PERSONAL INFORMATION WE COLLECT

To ensure that we provide you with the best possible experience, we will store, use, and share personal information about you in accordance with this Disclosure. Personal information is 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 user, household or device (“Personal Information”). We may collect the following categories of Personal Information from visitors and users of the Website. Additionally, the “Disclosed” column below details what categories of Personal Information have been disclosed in the past 12 months and to which category of third parties.

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

• Directly from you. For example, when you:
  • complete any form or text field on our Website;
  • subscribe to one of our e-newsletters;
  • submit a job application; or
  • otherwise communicate with us, such as contacting us for more information.
• Publicly available sources.
• Indirectly from you. For example, through information we collect from you in the course of providing our services to you.
• Directly and indirectly from activity on our Website. For example, from Website usage details that are collected automatically. For more information on automatic information collection, please review the “Automated Information Collection” in the Privacy Notice.

USE AND DISCLOSURE OF PERSONAL INFORMATION

We do not sell or lease your Personal Information to any third party. For information about what categories of Personal Information are collected and disclosed by AtriCure and to which third parties, please see the “PERSONAL INFORMATION WE COLLECT” section above. We may disclose your Personal Information to a third party for a business purpose, including the following categories of third parties:

• Within Our Organization. As a global organization, data we collect may be transferred internationally throughout our worldwide organization, including our affiliates and parent and subsidiary companies, in order to provide our products, services and effective customer support. Our employees are authorized to access Personal Information only to the extent necessary to serve the applicable purpose and to perform their jobs.
• Third-party Service Providers. We disclose Personal Information collected through the Website with third-party Service Providers who act for or on behalf of AtriCure. These third parties may need information about you to perform their functions. “Service Providers” may include suppliers, dealers, distributors, companies and consultants that provide website hosting, software development, payment processing, website and data analytics, order fulfillment, information technology and related infrastructure support, customer service, email delivery, and auditing. When Service Providers are given access to your Personal Information, we will take the required contractual, technical, and organizational measures to ensure that your Personal Information are only processed to the extent that such processing is necessary.
• In Aggregate or De-Identified Form. We may aggregate or otherwise anonymize the data we collect for purposes of analytics, research, marketing and other business interests of AtriCure. Such use shall not include Personal Information or information that can identify you as an individual or reasonably be used to identify you.

Other Uses of Personal Information. AtriCure may also use or disclose the Personal Information collected for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you disclose your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your Personal Information in order to or as part of a purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• For business purposes necessary to facilitate employment such as the processing of applicants, payroll, and the providing of benefits.
• To conduct audits and perform troubleshooting activities of our websites, products, and services and to maintain security of our websites or applications.
• To improve and personalize consumer access to and experience on our Website, for example, by telling consumers about new features, products, or services that may be of interest to them.
• To create, maintain, customize, and secure your account with us.
• For U.S. healthcare providers, to link name, National Provider Identifier (NPI), state license number, and/or IP address to web pages they visit, for compliance, marketing, and sales activities.
• To contact consumers with information that might be of interest to them, including information about clinical trials and about products and services of ours and others.
• For activities to monitor and maintain the quality or safety of our products and services.
• To comply with a law or regulation, court order or other legal process.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• Legal reasons.
  • We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, subpoena, or court order;
  • To respond to duly authorized information requests from law enforcement or other governmental authorities;
  • To enforce our agreements or policies;
  • To investigate and prevent security threats, fraud, or other malicious activity; or
  • To respond to an emergency that we believe in good faith requires us to disclose such information to assist in preventing the death or serious bodily injury of any person or AtriCure employee.
• There are circumstances where AtriCure may decide to buy, sell, or reorganize its business. Under these circumstances, it may be necessary to disclose or receive Personal Information with prospective or actual purchasers, acquisition targets, partners or affiliates. In such circumstances, AtriCure will ensure your information is used in accordance with this Policy.

Duration. The length of time AtriCure intends to retain each category of Personal Information, including sensitive personal information, if any, is for as long as reasonably necessary to carry out AtriCure’s intended business purpose for such information.

YOUR RIGHTS AS A CALIFORNIA CONSUMER

Shine the Light law. Pursuant to California Civil Code Section 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.

Do Not Track Signals. Other than as disclosed in this Disclosure, the Website does not operate any differently when it receives Do Not Track signals from your internet web browser.

WE DO NOT SELL OR SHARE YOUR PERSONAL INFORMATION. If we ever decide to “sell” or “share” Personal Information, as those terms are defined under the CCPA, we will update you via this Disclosure and include a link entitled “Do Not Sell or Share My Personal Information,” to provide you with an opportunity to opt out of the selling or sharing of your Personal Information.

Consumer Rights. If you are a California consumer, as defined by the CCPA, you may be afforded additional rights with respect to your Personal Information. Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. You may exercise each of your rights as identified below, subject to our verification of your identity.

1. Access. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
2. Correction. You can correct what personal data our Website database currently contains by contacting us to request that we correct or rectify any personal data that you have provided to us.
3. Limit Use and Disclosure of Sensitive Personal Information. If we collect any sensitive personal information, you have the right to request that we limit the use of the sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
4. Portability. Upon request and when possible, we can provide you with copies of your Personal Information. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Disclosure
5. Deletion. You have the right to request that we delete any of your Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. Where applicable, we will ensure such changes are shared with trusted third parties.
6. Opt-out of Processing. You have the right to request that we do not sell your Personal Information, use your Personal Information for Targeted Advertising, or use your Personal Information for profiling. Where applicable, we will ensure such changes are shared with trusted third parties.
7. Non-Discrimination. If a California consumer exercises his or her rights under the CCPA, we shall not discriminate against that consumer by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
8. Exercising your rights. If you are California consumer who chooses to exercise the rights listed above, you can:
   1. Submit a request via email at [email protected]; or
   2. Call us at 833-938-2723 to submit your request.

Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. If an authorized agent makes a request on your behalf, we may require proof that you gave the agent permission to submit the request.

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. Making a verifiable consumer request does not require you to create an account with us.

Responding to Your Request. Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the Personal Information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your Personal Information before acting on your request.

We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing.

In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

CHANGES TO THIS DISCLOSURE

This Disclosure may be amended from time to time and we shall post the revised Disclosure on our Website. Changes will be effective upon posting.

CONTACT US

We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us by email at [email protected] or: