Nuvasive® Privacy Statement

Effective Date: 5/25/2018

Thank you for visiting this NuVasive, Inc. (“NuVasive,” “we,” or “us”) owned Internet web site (“Site”) located at www.nuvasivespinefoundation.org. This Privacy Statement describes how NuVasive collects, uses, and shares the information that you provide to us through your use of the Site or any NuVasive owned web site that links to this Privacy Statement.

The Data Controller

NuVasive Inc, with registered office in the United States, and which can be contacted at the following address 7475 Lusk Blvd, San Diego CA 92121, is the data controller of the processing of your personal information collected through the Site.

Information We Collect

Personal Information

You can generally visit our Site without revealing your personal data. However we can collect identifying data, such as for instance name, surname, email address and any other contact information that you voluntarily provide by communicating with us, such as by sending an email or submitting an online information request form. Additionally, we can collect any other personal information that you choose to provide to us. This includes information you provide to us (or our service provider) to apply for a job. Other information provided through a job application may include, for example, your educational and employment background, and your contact information.

Data Collected Automatically

NuVasive does not automatically collect your information when you use or access our Site. If there are any changes to our practice in the future, this will be reflected in an updated Privacy Statement.

We may use service providers, such as Google Analytics, a web analytics service provided by Google, Inc. (“Google”), that may use cookies to collect information about your online activities across this and other sites over time for non-advertising purposes such as those described above. We use this aggregated data analysis to gain insights on user activity and improve the content and functionality of the website. Please note, this is not personal data.

To learn more about how Google Analytics collects and processes data and the choices Google may offer to control these activities, you may visit:

https://www.google.com/intl/en/policies/privacy/.

You can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under:

https://tools.google.com/dlpage/gaoptout?hl=en.

Further information concerning Google’s terms and conditions of use and data privacy can be found at:

http://www.google.com/analytics/terms/gb.html.

Use and Disclosure of Information

If you do voluntarily provide personal data through our Site, we may use this information to provide you with our services and to respond to your requests (including to consider you for employment).

Furthermore, we may send you communications in order to provide other information that we think may be of interest to you. Please see below the “Marketing Communications” section for more information on your options for such communications.

For such extents, we may process personal data in order to fulfil legal obligations relevant to us.

To the extent permitted by applicable local law, we may provide your personal information to other entities – which can process your data as our processors or as autonomous controllers – as described in this section:

• We may provide your personal information to our parent, subsidiary and affiliate entities within our corporate family and our partner entities that are not within our corporate family.
• In the United States, we may use your personal information to communicate with you via email or share with vendors and service agencies that we may engage to assist us in providing our Services to you. For example, we may provide your personal information to a marketing, research and/or advertising agency to send advertising to you on our behalf.
• We reserve the right to release personal information contained concerning any user when that user partakes (or is reasonably suspected of partaking) in any illegal activity. If permitted by applicable law in your jurisdiction, we may make such disclosures without a subpoena, warrant, or other court order, and we may also make such disclosures when we suspect a user is in violation of our Terms of Use or other published guidelines.
• We may release any information, including personal information, in response to court and governmental orders, civil subpoenas or discovery requests where permitted by applicable local law, and as otherwise required by law. We cooperate with law enforcement agencies in identifying those who may be using our servers or services for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement entities for investigation or prosecution.
• We may transfer your personal information to a successor entity in connection with a merger, acquisition, consolidation or other corporate reorganization in which NuVasive participates or to a purchaser of all or substantially all of NuVasive’s assets to which this Site relates, including a sale in bankruptcy where permitted by applicable local law.
• We may also share your personal information with your consent, such as if we ask your permission to use your testimonial in our advertising. You can withdraw such consent at any time.

You may require us the accurate list of our processors by writing to the email contact below.

Marketing Communications

In jurisdictions that require prior consent for marketing communications, we may send you promotional e-mails if you have consented to receiving such communication. At any time, you may limit the communications that NuVasive sends to you by following the unsubscribe process or contacting us at [email protected]. Please follow the instructions in our emails to unsubscribe from receiving future marketing communications from us.

Please note that even if you unsubscribe from promotional emails, we may still need to contact you with important transactional information about your account or your equipment.

Legal Basis for the Processing

The processing of your personal data is necessary in order to permit us to provide you the service required, respond to your requests and fulfil our related obligations. The processing of personal data is also necessary for us in order to fulfil our legal obligations according to law or other regulations. If you do not provide us with your information, we will not able to provide you with the service.

On the other hand, the provision of your data for marketing purposes is not necessary and we may only process your data with your prior consent.

We do not need your consent for processing your data for our legitimate interest; even if in this case you can oppose to such a processing for reasons relating to your particular situation.

Data Retention Period

Your personal information collected through the Site is retained in accordance with NuVasive’s retention schedule and where that has not been possible, we have set out a criteria to determine the retention period. In the case of legal obligations, personal data is stored for such period as is necessary in order to comply with each legal obligation.

Purpose Limitation and Data Integrity

NuVasive will only process personal information in a way that is compatible with and relevant to the purpose for which it was collected or authorized by the individual. NuVasive will take reasonable steps to ensure that personal information is accurate, complete, current, and reliable for its intended use.

Your right

NuVasive respects your right to access and correct your personal information.

Furthermore, EU users have additional rights relating to the processing of their personal data, and in particular the right:

• To request confirmation whether your personal data is being processed;
• To request access to your personal data;
• To request correction of inaccurate personal data relating to you;
• To object to NuVasive’s processing of your personal data for direct marketing;
• To oppose processing based on our legitimate interest for reasons relating to your particular situation. We may continue to process your personal data, even if you have opposed to the processing, if we have compelling legitimate grounds for the processing which overrides your privacy interest;
• To request (under certain circumstances) the deletion of your personal data. This does not apply if we, for example, are required under law to retain your data;
• To request (under certain circumstances) the restriction of the processing of your personal data; and
• To receive a copy of the personal data concerning you in a structured format and, if technically feasible, transfer the data to another data controller (data portability). Please note that the right to data portability only includes data which you have provided yourself and which we process based on certain legal grounds, e.g. the agreement with you (the terms).

You may request to review, correct, update, or delete your personal information at any time by contacting us via email at [email protected].

Links to Third Party Sites

The Site may provide links to other web sites or resources over which NuVasive does not have control (“External Web Sites”). Such links do not constitute an endorsement by NuVasive of those External Web Sites. You acknowledge that NuVasive is providing these links to you only as a convenience, and further agree that NuVasive is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on those Web Sites. We encourage you to read the privacy policy of any website that you visit before you provide any information to the operator of that website.

Security

We employ procedural and technological security measures that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction.

Users Outside of United States

If you are visiting our Site from locations outside of the United States, please note that any information you provide to us through your use of the Site may be transferred to and processed in countries other than the country from which you accessed this Site, including the United States where our computer systems are currently based.

Please be aware that your personal data may also reside on servers in other countries. Your data may be transferred to the United States and other countries, which may not offer an equivalent level of protection as that in your country. For visitors from the European Union, note that NuVasive adopts the Standard Contractual Clauses approved by the European Commission in order to ensure that an adequate level of data protection is provided according to local standards.

Children’s Privacy

This Site is not intended for children under the age of 18. NuVasive does not target its services or this Site to children under 18. NuVasive does not knowingly collect personal information from children under the age of 18; in case of NuVasive unconsciously collects such information, NuVasive will promptly delete and/or destroy it.

Privacy Statement Updates

NuVasive may need to update this Privacy Statement from time to time. If we update this Privacy Statement, we will post the updated Privacy Statement on our Site and update the effective date at the top of the statement. We encourage you to regularly visit this Privacy Statement to ensure that you are aware of our current practices with respect to any information that you provide to us through the Site.

Questions / Data Protection Officer

Please contact our data protection officers if you have any further questions, suggestions or wishes regarding data protection at the following email addresses:

If you have any questions regarding this Privacy Statement, please contact us via email at [email protected].