ADDITIONAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This notice incorporates all terms, conditions and disclosures detailed in our Privacy Policy.

The California Consumer Privacy Act (CCPA) and California Civil Code § 1798.83 provide residents of the U.S. State of California with specific rights regarding their personal information. This section describes those rights, explains how to exercise those rights and applies solely to residents of California. Abiomed adopts this Supplemental Notice to comply with these provisions, including CCPA. Any terms defined in the foregoing privacy policy have the same meaning when used in this Supplemental Notice.

Requests under California Civil Code § 1798.83

California Civil Code Section § 1798.83 permits users of the Websites that are California residents to request certain information regarding Abiomed’s disclosure of personal information to third parties for their direct marketing purposes.

To make such a request, please send an e-mail to privacydatarights@abiomed.com
any terms defined therein have the same meaning when used in this Supplemental Notice.

Access to Specific Information and Data Portability Rights

California residents have the right to request that Abiomed, Inc. and its subsidiaries disclose certain information to California residents who request it (the Requestor) about our collection and use of the Requestor’s personal information over the past 12 months. Once Abiomed receives and confirms the verifiable consumer request from the Requestor, Abiomed will disclose to the Requestor:

  • The categories of personal information Abiomed collected about the Requestor;
  • The categories of sources for the personal information Abiomed collected about the Requestor;
  • Abiomed’s business or commercial purpose for collecting or selling that personal information;
  • The categories of third parties with whom Abiomed shares that personal information;
  • The specific pieces of personal information Abiomed collected about the Requestor (also called a data portability request); or
  • If Abiomed sold or disclosed the Requestor’s personal information for a business purpose, two separate lists disclosing;
  • Sales, identifying the personal information categories that each category of recipient purchased; and
  • Disclosures for a business purpose, identifying the personal information categories that each category recipient obtained.

“Personal information” under the CCPA does not preclude information that is:

  • Publicly available from government records;
  • De-identified or aggregated consumer information;
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
  • Certain personal or financial information covered under certain sector specific privacy laws.

Categories of Personal Information We Sell

Abiomed does not sell personal information of California consumers. This does not include disclosures that are not a “sale” under the CCPA, including when:

  • Consumers instruct us to disclose their personal information;
  • A consumer instructs us to interact with a third party that does not sell that information;
  • Abiomed uses or shares consumers’ personal information pursuant to a written contract with a service provider that is necessary to perform a business purpose, where our contract prevents the provider from using, keeping, or disclosing consumers’ personal information for any purpose other than the reason supplied in the contract; or
  • Consumers’ personal information is transferred as part of a transaction in which the third party assumes control of all or part of our business.

Personal Information on Minors

Abiomed does not sell personal information of California consumers, including minors.

Non-Discrimination

Abiomed will not discriminate against a Requestor for exercising any rights under the CCPA. Unless permitted by the CCPA, Abiomed will not:

  • Deny the Requestor goods or services;
  • Charge the Requestor different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or 
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive Abiomed offers will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires the Requestor’s prior opt-in consent, which may revoke at any time.

Exercising Access, Data Portability and Deletion Rights

To exercise access, data portability and deletion rights described above, please submit a verifiable consumer request to Abiomed: 

Chief Compliance Officer
Abiomed Inc.
22 Cherry Hill Drive
Danvers, MA 01923
Attn: CCPA Rights

Abiomed can only respond to your request if it is verifiable. This means we are obligated to take reasonable steps to verify your identity or your authorized agent’s authority and your right to access the information you request. We may ask for additional information that will help us do so. Abiomed will only use that additional information in the verification process, and not for any other purpose.

Abiomed does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Abiomed determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.