Washington Consumer Health Data Privacy Notice

Last Updated: [09/16/24]

Introduction
PROCEPT BioRobotics recognizes the importance of protecting the privacy of the individuals we interact with, particularly when it comes to their health data. The Washington Consumer Health Data Privacy Notice (“Notice”) provides additional details for Washington consumers and other individuals whose consumer health data is collected by PROCEPT BioRobotics, in accordance with the Washington My Health My Data Act (“MHMDA”).

This Notice supplements but does not replace or override our general Privacy Notice. It describes the practices PROCEPT BioRobotics follows regarding the consumer health data we collect, use, and disclose for different purposes. It details how we protect your consumer health data from the moment it is collected until its disposal, and also explains your rights over your consumer health data. Information is additionally provided on how you can contact us with any questions or concerns about the management of your consumer health data.

For the purposes of this Notice, consumer health data, as defined by the MHMDA, includes any personal data that is linked or can be reasonably linked to a Washington consumer and that identifies the Washington consumer’s past, present, or future health condition. Examples relevant to PROCEPT BioRobotics include benign prostate hyperplasia (BPH) diagnoses, BPH status, BPH symptoms and levels of severity, medications prescribed to manage BPH, and information about any prior or future surgical procedure related to prostate or urinary tract health.

This Notice does not apply to certain types of data that fall outside the scope of the MHMDA. For example, protected health information governed by the Health Insurance Portability and Accountability Act, personal data used solely for public health purposes, or data collected for clinical trials.

PROCEPT BioRobotics collects the following types of consumer health data:

• Individual health-related conditions, treatment, diseases or diagnoses.
• Medical interventions, treatments and medication obtained or prescribed.
• Bodily functions, vital signs, symptoms or measurements of other types of consumer health data.
• Diagnoses or diagnostic testing, treatment or medication.
• Data that identifies individuals seeking health care services.
• Reproductive or sexual health information.
• Precise location information that could reasonably indicate a consumer’s attempt to acquire or receive health services or supplies.
• Any inferences of the above categories of health information derived or extrapolated from non-health information.
• Other information that may be used to identify a consumer’s health condition.

PROCEPT BioRobotics collects and processes consumer health data for the following purposes:

• To address a complaint or question you have about our products or services.
• To provide you the information you are looking for when you contact us.
• To sign you up for communications with PROCEPT BioRobotics if you want to be updated about our products or services.
• To send your user feedback to healthcare professionals, if you consent.
• To share your stories about your experiences with our products or services, if you consent.
• To determine the severity of your symptoms through the quizzes we have available.
• To assist you in finding a healthcare professional.
• To undertake activities to verify or maintain the quality or safety of our products or services, or to improve, upgrade or enhance our products or services.
• To conduct research, analytics and data analysis.

PROCEPT BioRobotics only collects your consumer health data directly from you, such as through your contact requests or use of our websites.

PROCEPT BioRobotics may disclose your consumer health data to the following parties under specific circumstances:

• To PROCEPT BioRobotics’ employees.
• To third-party service providers that provide us support, products or services.
• To authorities as required by law, court order, legal process, government or regulatory requirement or to protect the safety, rights or property of the public or PROCEPT BioRobotics.
• To an acquirer of all or part of our business, as permitted by applicable law.

PROCEPT BioRobotics does not sell your consumer health data under any circumstances or share your consumer health data with third parties for business gain.

PROCEPT BioRobotics is committed to protecting the consumer health data we collect, process and disclose. We maintain appropriate safeguards and take reasonable steps to protect consumer health data, ensuring that we limit its use and disclose it only to the parties that have a legitimate reason to have access to it.

We ensure that all the parties that we disclose consumer health data to, internal and external to PROCEPT BioRobotics, have contractual obligations to protect the security and the confidentiality of consumer health data. Access to consumer health data is limited to employees, contractors, or service providers directly involved in fulfilling the purpose for which the data was collected or for providing services as requested by the consumer.

Subject to any exceptions provided by law, PROCEPT BioRobotics provides consumers in Washington the following rights with respect to their consumer health data:

• You have the right to confirm whether PROCEPT BioRobotics is collecting or sharing your consumer health data.
• You have the right to access the consumer health data that PROCEPT BioRobotics maintains about you.
• You have the right to request the deletion of your consumer health data that PROCEPT BioRobotics maintains about you.
• You have the right to obtain a list of all third parties and affiliates with whom PROCEPT BioRobotics has shared your consumer health data.
• You have the right to withdraw consent from PROCEPT BioRobotics collection or sharing of your consumer health data.

If you have any further questions about how PROCEPT BioRobotics collects, uses, discloses or protects your personal data or if you have any questions about this privacy notice, including any requests to exercise your personal data rights, you may contact us via:

Phone at: 1-844-220-5302

Mail at:
PROCEPT BioRobotics
150 Baytech Drive
San Jose, CA 95134

Email at: dataprivacy@procept-biorobotics.com