Privacy Policy

Welcome

Zimmer Biomet is a leader in musculoskeletal healthcare. Our purpose is to restore mobility, alleviate pain, and improve the quality of life for patients around the world. This Zimmer Biomet Privacy Policy (“Policy”) explains our practices for the collection and processing of information collected from or about you (“Personal Information“) by any subsidiary or affiliate of Zimmer Biomet Holdings, Inc. (including Zimmer, Inc. and Biomet, Inc., collectively “Zimmer Biomet,” “we,” “our,” or “us”). We value your privacy and have created this Policy to inform you of our practices.

Personal Information

“Personal Information” (also referred to as “Personal Data” in some jurisdictions) is any information that can be used to identify an individual or that we can link directly to an individual, such as name, address, email address, telephone number or credit card number, as applicable. Personal Information, in some jurisdictions, can even include information that indirectly identifies a person – such as a unique number assigned to a patient by a medical facility or healthcare professional, even absent other identifying information. Health and treatment information pertaining to an identified or identifiable individual is a form of Personal Information that, in this Policy, we call Special Personal Information (“Special Personal Information”). We will process any Special Personal Information and Personal Information we collect in accordance with applicable law and as explained in this Policy (unless, as explained above, one of our other policies governs). If you do not want to provide us with this information, certain products, services, or features of the Websites may be unavailable to you.

Below is a summary of how we collect and use Personal Information:

We may disclose the above categories of information for business purposes described in the Using and Sharing the Information We Collect section of this Policy.

Examples of instances where we collect Personal Information, include if you:

• register for an account for one of our services or events;
• sign up for newsletters or other informational or marketing materials;
• participate in our events, conferences, or trainings, including surgery trainings and product demonstrations;
• ask us a question by contacting us at the information provided in the Contact Us section of the Website;
• apply for employment with us;
• interact with us as a customer, supplier, or business partner or an employee or representative of same, including if you provide information about your customers or patients;
• respond to our surveys or questionnaires;
• make a complaint to us or to our customers about us and we receive your information from them; or
• purchase our products or services.

The information we collect is typically related to the product or service requested, such as name and contact details, the nature of the product or service requested, and related information so that we may fulfill requests and respond to them. For example, if you apply for a job with Zimmer Biomet, the information collected will include your qualifications for the position, your education, applicable licenses or certifications, prior job history, references, and any other information that you choose to include about yourself. Similarly, if you contact our customer service telephone number for assistance, the information collected may include your name, contact details, a description of your experience with a certain product or service, and any other information that you choose to disclose about yourself.

We may be required by law to collect certain Personal Information about you or as a consequence of any contractual relationship we have with you. Failure to provide this information may prevent or delay the fulfillment of these obligations.

Occasionally, Zimmer Biomet may invite you to participate in a survey or poll, for example, to provide feedback on our services or products.

Zimmer Biomet uses the information we collect: to communicate with you, to provide our products and services to you; to customize or personalize content for you; to identify and authenticate you; to improve our products and services, including the content on our Websites; to market to you; and for administrative purposes, system security, product development, and research.

We may share the information that we collect, including your Personal Information, among our affiliates, subsidiaries, and related companies, as well as with certain third parties that assist us in providing the products or services that you request or improving our marketing or administration. These may include companies that provide analytics to us about use of our products and services, including your use of our Websites, so that we can evaluate those analytics and continue to improve our products and services. Because we operate as part of a global business, the recipients referred to above may be located outside the jurisdiction in which you are located (or in which we provide the services).

To the extent that Personal Information and Special Personal Information is transferred out of the country where you, or other individual whose information is provided to us, lives, such as to Zimmer Biomet companies in other countries, including in the United States, there may be different standards that apply to how your Personal Information may be used and protected. Zimmer Biomet has put in place appropriate safeguards, in accordance with applicable legal requirements, to ensure that Personal Information is adequately safeguarded and protected, irrespective of the standards in the country where your Personal Information may be transferred. This includes obtaining written assurances from any third parties, such as service providers, given access to your Personal Information, so as to require them to adopt standards that ensure an equivalent level of protection for data as that adopted by Zimmer Biomet. Should you wish to know more about how Personal Information and Special Personal Information are protected please contact privacy.emea@zimmerbiomet.com.

From time to time, we will provide aggregate statistics about our customers (including their customers), sales, online traffic patterns, and related information to reputable third parties, who help us improve our business and services. These aggregate statistics do not include any personally identifying information. Anonymized or de-identified and aggregated information may also be shared with third parties for other purposes, including the optimization of your web browsing experience and for reports on industry or company trends.

We also may use or disclose information to third parties, such as law enforcement agencies and government authorities, when we have a good faith belief that disclosure is necessary in order to protect the legal rights, safety, and security of Zimmer Biomet, our affiliates, or our business partners; to respond to and resolve claims or complaints; to prevent fraud; for risk management purposes; and to comply with or respond to law enforcement, a legal process, or a request for cooperation by a government or other regulatory entity.

In the event that we sell, assign, or transfer all or part of the Zimmer Biomet business or its assets, we may transfer your information, including Personal Information, to the buyer, assignee, or transferee that is a party to that transaction. However, the buyer, assignee, or transferee will be required to safeguard Personal Information in a manner that is consistent with the requirements in this Policy. In such situations, your continued use certain products or services may signify your agreement to be bound by the privacy policy and other applicable terms of the subsequent owner or operator.

There are different legal bases that we rely on to use Personal Information, namely:

• Performance of a Contract – The use of Personal Information may be necessary to perform the contract that you or your organization has with us or to take steps at your request prior to entering into a contract with you or your organization. For example, where you work for us either as an employee or a service provider or apply for a job with us, your Personal Information will be necessary in connection with your contract of employment or services agreement or for the possibility of entering into a contract with us. If you are a consumer or a user of our services we will use your Personal Information to carry out our obligations under the contract that we have with you. We similarly process patient-related Personal Information from our customers and employee and representative information from our customers, suppliers and business partners to perform our contracts with those organizations.
• Consent – We will rely on consent, which, in some cases, may be implied, to use: (i) technical information, such as cookie data and geolocation data, as described in this Policy; and (ii) Personal Information for certain marketing purposes. Where we would like to use Special Personal Information, like health information that we collect from you, we will only do so with your explicit consent if required by law, unless we have an obligation under employment law. You may withdraw your consent at any time by contacting us at the addresses at the end of this Policy. We may obtain certain Personal Information and Special Personal Information about you from healthcare professionals (including hospitals, medical scanning facilities or similar healthcare providers or one of their representatives) that use our products and services, in which case they are responsible for obtaining and handling any required consents or for having another legitimate basis for processing such information.
• Legitimate interests – It is in our legitimate interests to process Personal Information in order to improve our products, services, perform administrative tasks, communicate with you, including the delivery of marketing communications with users and patients (and where consent is not required by applicable law), customize and personalize content for users, identify and authenticate you, secure our systems and information, conduct research, and develop new products. It is also in our legitimate interests to protect the legal rights, safety, and security of Zimmer Biomet, our affiliates, and our business partners; to respond to and resolve claims or complaints; to prevent fraud; and to manage risks associated with our business. For more information about the balancing test that we carry out to process your Personal Information to meet our legitimate interests, please contact us using the details below.
• Public interest – In limited circumstances, including, in some cases, complaint handling, we may process your information, including sensitive Personal Information, for reasons of public interest in the area of public health. In particular, Zimmer Biomet may process your information in connection with efforts to ensure high standards of quality and safety for medical devices.
• Legal obligations – We may use Personal Information to comply with legal obligations to which we are subject. For example, we may disclose Personal Information for medical device regulatory reporting requirements or to law enforcement in accordance with legal process.

To the extent we offer any public or group forums on our Websites, such as newsfeeds, blogs, message boards or similar tools (“Interactive Features”), the posts or comments you make may be public and viewed by others. You should use care before posting information about yourself, including Personal Information, online. You acknowledge and understand that you have no expectation of privacy or confidentiality in the content you submit to Interactive Features over the Websites. Except when required to do so by applicable law, we assume no obligation to remove Personal Information from postings on our Websites and you disclose any Personal Information in your postings at your own risk.

Our Websites may contain links to other websites that are not owned or operated by Zimmer Biomet, such as social media websites like Facebook, Twitter or through other mechanisms such as email. You should carefully review the privacy policies and practices of other websites, as we cannot control and are not responsible for privacy policies or practices of third-party websites.

Consistent with applicable laws and requirements, Zimmer Biomet has put in place physical, electronic, and administrative safeguards to protect Personal Information from loss, misuse, alteration, theft, unauthorized access, or unauthorized disclosure, consistent with legal obligations and industry practices. We evaluate these safeguards on an ongoing basis to help minimize risks from new security threats as they become known. However, as is the case with all websites, we unfortunately are not able to guarantee security for data collected through our Websites.

If you are providing any Special Personal Information or sensitive personal information to us through our Websites, such as credit card details, please be sure that the computer you are using to do so has up-to-date anti-virus software in place, to minimize the risk of any access to the information before it reaches us. As is the case with all websites, we unfortunately are not able to guarantee security for information collected through our Websites.

Zimmer Biomet takes reasonable steps to ensure that Personal Information is accurate and up-to-date for the purposes for which it was collected. We encourage you to contact us to update or correct your information if it changes or if you believe any information that we have collected about you is inaccurate. You can also ask us to erase, restrict, or port your Personal Information and you may tell us if you object to our use of your Personal Information. Consistent with legal requirements and limitations, Zimmer Biomet will comply with reasonable requests to obtain a copy of Personal Information that we hold about you where applicable law requires we do so.

If you are a resident of California, you may have the following rights:

• Right to access Personal Information;
• Right to data portability;
• Right to deletion;
• Right to disclosure: Users exercising this right can receive additional information regarding the sources from which we collect Personal Information, the purposes for which we collect and share Personal Information, the Personal Information of theirs we hold, and the categories of parties with whom we share their Personal Information;
• Right to be free from discrimination on account of exercise of these rights;

Please note that we do not “sell” Personal Information for monetary or other valuable consideration, including the personal information of minors under 16 years of age.

To exercise your rights, please write to us at privacy.emea@zimmerbiomet.com or Zimmer Biomet, Attn:  Global Privacy Officer, P.O. Box 708, 1800 West Center Street, Warsaw, Indiana 46581-0708 USA. If you are a California resident, you may also submit your request here, via telephone at 844-922-2721, or via an authorized agent. If you use an authorized agent, we will require that the agent demonstrate that they are registered with the California secretary of state and have the authority to act on your behalf. Please note that we will require sufficient information for us to identify records responsive to your request. We may, after receiving your request, require additional information from you in order to honor the request.

If you are located in the Asia Pacific region, please contact the relevant data protection officer for your country listed at Appendix 2 to this Policy via the contact details set out therein.

If you are concerned about how your Personal Information is used, please email us or contact us at the address below. Alternatively you may have a right to complain to your local data protection authority (if one exists in your country).

You may unsubscribe from our marketing or promotional emails. To do so, please email us at websupport@zimmerbiomet.com or use the unsubscribe mechanism offered in our marketing emails or other communications as applicable. Please note that if you already have requested our products or services when you decide to withdraw consent, there may be a short period of time for us to update your preferences and ensure that we honor your request.

We will retain your Personal Information for as long as we maintain a relationship with you, or provide a service for customers that serves you, and as long as is reasonably necessary thereafter for legitimate business purposes.

If you are located outside of the United States, such as in the European Economic Area or the UK, you may have the right to ask questions regarding or contact our Data Protection Officer. To do so, you may contact:  privacy.emea@zimmerbiomet.com . You may also write to us at Zimmer Biomet, Attn: Global Privacy Officer, P.O. Box 708, 1800, West Center Street, Warsaw, Indiana 46581-0708.

If you are located in the Asia Pacific region, and would like to get in contact with a data protection officer, please contact the relevant data protection officer for your country listed at Appendix 2 to this Policy via the contact details set out therein.

We may update this Policy from time to time without notice. As such, you should review this Policy periodically. Your continued interactions with us, use of the products and services, or our Websites subject to this Policy constitutes your agreement to this Policy.