Last updated: 07-18-2024

Introduction to this Privacy Notice

This Privacy Notice applies to personal information Bay Medical Products, LLC dba Bay Medical, including its affiliates, collects and uses about individuals who visit our website (www.bay-medical.com) (“Website”), create an account with us, register for our events, join our marketing lists, and/or buy goods or services from us (collectively, “Services”).  It describes how we collect, use, and protect personal information, and your rights in respect of your personal information.

This Privacy Notice does not apply to personal information we process on behalf of customers who use our Services.  Where we process personal information on behalf of customers, this is instead governed by any contractual data processing terms we have agreed with those customers. 

If you have a question or concern about our use of your personal information, please email us at [email protected]. 

About Bay Medical

For nearly 40 years, Bay Medical has been supplying hospitals, surgery centers, first responders and oral surgeons with leading brands in anesthesia and respiratory products. We specialize in Anesthesia and Respiratory consumables at affordable prices while supplying products from leading brands.

Collection of information

We collect personal information about you in the following ways:

1.  Information you provide voluntarily

You may choose to provide us with personal information when you use our Website or Services.  The types of personal information you may provide voluntarily include:

• Identity data: This is personal information you provide to create or maintain an account with Bay Medical or one of its affiliates, such as your name, title, role, email, phone number, billing address, shipping address, and details of your organization, type and size of organization, sector, and service offerings.

• Payment data: This is personal information you provide to purchase Services through our Website or by contacting us directly.  We will collect information about the Services purchased, the payment amount, payment method, date of purchase and your purchase history.

• Complaint data: This is personal information you provide in connection with a complaint, concern or issue with our products used in medical treatment.  We will collect information about the substance of the underlying issue, the user and/or provider of the medical treatment, the outcome of the medical treatment and any other information we deem necessary for us to review, evaluate, investigate, and address your complaint. 

• Communications data: This is personal information relating to any correspondence you send us (for example, questions you send about our Website or our Services).  We will collect information such as the communication type, content, subject, sender, recipient and date. 

• Preference data: This is personal information relating to any settings you select on our Website or in connection with our Services, such as language or display settings, or settings relating to the frequency and format of any communications we send.

2.  Information we collect automatically

When you visit our Website or use our Services, we may collect some personal information automatically.  The types of personal information we collect automatically may include:

·       Device data:  This is personal information relating to visits to our Website and our Services from your computer or other device (e.g. mobile devices), such as your IP address, approximate geographical location (e.g. country / city-level), browser type, internet service provider, and resources viewed (e.g. Website pages), operating system, length of visit and referring website addresses.

We may collect this personal information using cookies (and similar technologies).  For more information about our cookies (and similar technologies), please see our Cookie Statement.  [If you wish to change your cookie preferences, you can access our cookie management tool here]

3.  Information we collect from third party sources

In some cases, we may collect personal information about you from third party sources, including business partners, event organizers, and professional networking sites.  In general, the personal information we collect from these third parties will be identity data (as described above under the sub-heading “Information you provide voluntarily”) but may also include complaint data (as described above under the sub-heading “Information you provide voluntarily”).

Use of information

We use the personal information we collect about you for the following reasons:

• To provide the Website and the Services to you: We will use your personal information to provide our Website and the Services to you, including to maintain any account you have with us and process any orders you place.  [The types of information we use for this purpose are identity data, payment data and communications data, as described above.]

• To generate analytics: We will use your personal information to generate analytics for the purpose of better understanding how our visitors and customers use our Website and the Services, so that we may continually improve our offering.  [The types of information we use for this purpose are identity data and device data, as described above.]

• To send Service or support-related communications: We will use your personal information to send Service or support-related communications to you (for example, to confirm orders you have placed with us, to update you about the status of a delivery or about updating your account details), as well as to respond to any customer inquiries you raise.  [The types of information we use for this purpose are identity data, payment data, complaint data, preference data and device data, as described above.]

• To deliver advertising and send marketing.  We may use your personal information to send you marketing communications (including news, promotions, offers and market surveys) and provide you with online advertising in accordance with any preferences you have expressed (on our Website and on third party websites).  [The types of information we use for this purpose are identity data, payment data, preference data and device data, as described above.]  Online advertising technologies use cookies (and similar technologies) to work.  [If you wish to change your cookie preferences, you can access our cookie management tool here]

• To maintain security.  We may use your personal information to maintain the security of our Website and Services (for example, to detect and prevent fraudulent behavior, violations of our terms of service, or similar).  The types of information we use for this purpose are identity data, payment data and device data, as described above.]

• To comply with legal requirements.  We will use your personal information to comply with the laws and regulations to which we are subject (for example, legal requirements to report to tax authorities, disclose information to law enforcement authorities, or similar).  [The types of information we use for this purpose are identity data, data, payment data, complaint data and device data, as described above.]

Disclosure of information

We may disclose your personal information to the following categories of recipients:

·       To our group companies:  We may share your personal information with other Bay Medical group companies where this is necessary for the purposes described above.  Bay Medical group companies will at all times protect your personal information in accordance with this Privacy Notice.

·       To our service providers: We may share your personal information with service providers who provide services related to the delivery of the Website and the Services (for example, hosting providers, marketing providers, payment providers, IT providers, delivery partners, insurers and professional advisers).

• To competent authorities: We may use and disclose your personal information where we believe it is necessary to exercise, establish or defend legal claims, to protect the vital interests of any person, or to comply with an order or request from any competent court, regulator, law enforcement agency or government authority.

·       To a potential buyer: We may disclose your personal information to potential buyer (and its agents and advisers) in connection with any proposed purchase of any part of our business.  We will inform the buyer to use your personal information only for the purposes set out in this Privacy Notice.

·       To any other third party: We will only transfer your personal information to other third parties with your consent or where we are required or permitted by law to do so.

International transfers

Bay Medical is located in the United States of America, but we, our group companies and our service providers operate in various countries around the world.  For these reasons, when you visit our Website or use our Services, your personal information may be transferred to countries other than the country in which you reside. Bay Medical will take all necessary measures to ensure that your personal information is protected in accordance with this Privacy Notice and that any such transfers are lawful. 

Some countries may have specific requirements that apply when we transfer personal information internationally.  Where this is the case, the requirements that apply and measures we take to comply with those requirements (where applicable) are described further under the relevant “Additional information for individuals in…” heading below.

Cookies

We use cookies to provide our Website and Services.  For more information, please see our Cookie Statement.  [If you wish to change your cookie preferences, you can access our cookie management tool here]

Your rights

Data protection laws give individuals rights with respect to the collection and use of their personal information.  Depending on the laws that apply in your country and to which we are subject, these may include the ability for you:

·       to request access to, correction of, deletion of, or portability of personal information that we process about you,

·       to request that we restrict processing, or to object to our processing, of personal information about you,

·       to opt-out of marketing communications that we may send you (even if you previously consented to receive these) – for example, by clicking on the unsubscribe link in any marketing emails we send,

·       to not be subject to wholly automated decisions if these have legal effects on you or similarly significantly affect you, and

·       if our processing is based on your consent, to withdraw your consent to our processing (although this will not affect the lawfulness of our processing prior to your withdrawal).

Please contact us using the details provided in this Privacy Notice if you wish to exercise any of these rights.  We will fulfil any such requests in accordance with applicable data protection laws. 

In addition, you also have the right to complain to your local data protection authority about our use of your personal information.  However, while you are not required to do so, we ask that you contact us first to give us the opportunity to address your concerns directly before speaking with your data protection authority.

Data retention

We store the personal information we collect for as long as is necessary for the purpose for which it was collected (for example, as long as is necessary to provide you with the Website or the Services) or as otherwise necessary to comply with applicable legal requirements.

When we have no ongoing need to use your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information is stored in backup archives), we will securely store your personal information and isolate it from any further processing until deletion is possible.

Children

Neither our Website nor our Services are intended for or advertised to children under 16.  We do not knowingly or intentionally collect information about children under 16. 

If you believe that we have collected information about a child under 16, please contact us using the details provided above so that we may delete the information.

Updates

We may update this Privacy Notice from time to time in response to changing legal, regulatory or operational requirements.  We will provide notice of any such changes (including when they will take effect) in accordance with law.

To see when this Privacy Notice was last updated, please see the “Last Updated” section at the outset of this Privacy Notice.

No Fee Usually Required

You will not have to pay a fee to access your Data (or to exercise any of the other rights).  However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Additional information for individuals in the EEA/UK and Switzerland

If you are in the European Economic Area (“EEA”) or UK, then please note the following additional information:

1.  Data controller

The data controller of your personal information is Bay Medical.  You can contact Bay Medical using the details provided above.

2.  EEA/UK legal basis

We will ordinarily collect and use your personal information only where (i) we have your consent (which will be apparent from the context, because we will ask for you consent when you provide your personal information); (ii) it is necessary to perform a contract with you (for example, we must process your payments data in order to fulfil any order you place with us), in which case we will be unable to fulfil our contract with you if you do not provide necessary information; (iii) the use is within our legitimate interests and not adverse to your rights and freedoms (for example, to send you marketing communications, provided this is consistent with your communications preferences); or (iv) it is necessary for compliance with a legal obligation. 

As we may rely on different legal bases for each of the different categories of personal information we process and the purposes for which we process them, please contact us if you would like further information about the specific legal basis relied upon in any particular context.

3.  International transfers

If Bay Medical transfers your personal information to a country outside of the EEA (for EEA residents) or the UK (for UK residents), it will ensure that any such transfers are compliant with EU and UK data protection law, as applicable. 

In practice, this means that Bay Medical will only transfer your personal information to a non-EEA or non-UK recipient where: (i) the recipient is located in a country that the European Commission has decided is adequate to receive personal information from the EEA or the UK Secretary of State has decided is adequate to receive personal information from the UK (as applicable); (ii) the recipient has signed appropriate contractual terms with Bay Medical that incorporate the European Commission’s Standard Contractual Clauses or the UK Information Commissioner’s International Data Transfer Agreement or International Data Transfer Addendum (as applicable); or (iii) a data transfer derogation applies (for example, where you have consented to the transfer of your personal information).  

If you have further questions about our international data transfers and the specific measures we use in any case, please contact us for further information.

Additional information for California Consumers

The California Consumer Privacy Act or “CCPA,” as amended (Cal. Civ. Code § 1798.100 et seq.) provides consumers who reside in California with certain rights with respect to their personal information (referred to elsewhere in this Notice as “personal data”).  This subsection concerning the CCPA applies solely to individuals who are residents of the State of California.  Any terms defined within the CCPA have the same meaning when utilized within this subsection.

1.  Category-based Disclosures

• Categories of Personal Information Collected: In the past 12 months, we have collected the following categories of personal information: identifiers, characteristics of protected classifications under California or U.S. federal law, professional and employment-related information, education information, commercial information, internet and electronic network activity, inferences, sensitive personal information, and other categories of personal information that relate to or are reasonably capable of being associated with you.  For additional details about the personal information we collect, please see “Collection of information” above.

• Business or Commercial Purpose for Collecting and Using Personal Information: We collect and use personal information for the purposes described in the “Use of information” section above.

• Categories of Sources of Personal Information: We collect personal information directly from you and from the sources described in the “Collection of information” section above.

• Categories of Personal Information Disclosed and Categories of Third-Party Recipients: In the past 12 months, we have disclosed identifiers, employment data, commercial information, and internet and electronic network activity to the following categories of recipients: customers, cloud service providers, consultants, data analytics providers, internet service providers, data storage providers, potential/actual purchasers of our business assets and operating systems and platforms. We also disclosed professional and employment-related information, education information and certain sensitive personal information to customers, cloud service providers, potential/actual purchasers of our business assets and consultants. For additional information on how we disclose personal information, see “Disclosure of information” section above.

• Sharing and Sales of Personal Information: We do not sell or share your personal information (as “sell” and “share” are defined in the CCPA), though we do disclose personal information to our subsidiaries, service providers and other vendors as described above.  We also do not have actual knowledge that we have sold or shared personal information of minors under age 16.

• Uses and Disclosures of Sensitive Personal Information: We do not use or disclose your sensitive personal information for purposes that, with limited exceptions, are not necessary in order to provide our products and services as are reasonably expected by an average consumer requesting those goods and services.

• Retention of Personal Information: Please see “Data retention” above.

2.  Your Consumer Rights as a California Consumer

Subject to certain limitations, as a California consumer you  have the right to (1) request to know more about the categories and pieces of personal information we collect, use, and disclose, (2) request deletion of your personal information, (3) request correction of your personal information, and (4) not to be discriminated against for exercising these rights, including an applicant’s right not to be retaliated against for the exercise of their CCPA rights.  California consumers or their authorized agents may make such a request by calling +1 (800) 237-5481 or by emailing us at [email protected].  We will verify your request by asking you to provide information sufficient to confirm your identity, such as your name, email address, and information about your interactions with us.  If you would like to use an authorized agent to exercise your rights, we may request evidence that you have provided such agent with power of attorney, or that the agent otherwise has valid signed authority to submit requests on your behalf, and ask that you verify your identity directly with us.

We may not be able to 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.

Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond.  We will not use the personal information we collect from an individual to determine a verifiable request for any other purpose, except as required or permitted by law.

We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of receipt, but we may require an extension of up to forty-five (45) additional calendar days to respond and we will notify you of the need for the extension.

3.  California’s Shine the Light Law

California Civil Code Section 1798.83, known as the “Shine The Light” Law, permits California residents with whom we have an established business relationship to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties.  Under Section 1798.83, we currently do not, and have not in the preceding calendar year, disclosed any personal information with third parties for their direct marketing purposes.  Californians may request information about our compliance with this law by contacting us at [email protected].