Effective Date: January 1, 2020
This California Consumer Privacy Act Notice (“CCPA Notice”) supplements our Privacy Notice, available at https://www.butterflynetwork.com/privacy-notice and applies to personal information we collect, use and share as a business under the California Consumer Privacy Act (“CCPA”). This CCPA Notice does not apply to information that we collect about our Service Users or other individuals in our capacity as a service provider. It also does not apply to information that is outside of the scope of the CCPA, including, without limitation, information collected (i) from individuals acting as representatives of another business in connection with business communications or transactions with us; (ii) about our employees, contractors, or job applicants; or (iii) about Service Users’ patients that is governed by certain laws and regulations, such as medical information governed by the Confidentiality of Medical Information Act or protected health information we collect in our capacity as a business associate under the Health Insurance Portability and Accountability Act of 1996 (also known as HIPAA).
Where defined terms from our Privacy Notice are used in this CCPA Notice, they shall have the same meaning given to them in the Privacy Notice unless stated otherwise. In the event of a conflict between any other Butterfly policy, statement or notice and this CCPA notice, this CCPA Notice will prevail as to Butterfly’s obligations and California residents’ rights under the CCPA.
We collect and share the following categories of personal information as set forth in the table below.
We use and disclose, to the categories of third parties listed above, personal information for various business purposes, including providing the Site and Services, processing and managing interactions and transactions, quality assurance, security, debugging, research and development, and marketing.
In addition, we may collect, use and disclose your personal information as required or permitted by applicable law, or as directed by you, in accordance with this CCPA Notice or our Privacy Notice.
We do not sell personal information that we collect from you, in accordance with the definition of sell in the CCPA, and will treat personal information we collect from you as not being subject to a “do not sell” request. Although we do not sell personal information generally, the CCPA requires us to state that we have no actual knowledge that we sell the personal information of minors under 16 years of age.
There is not yet a consensus as to whether third party cookies and tracking devices associated with our Site and Services may constitute a sale of your personal information as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Please visit our Cookie Notice { https://butterflynetwork.com/cookie-notice
} for a description of how cookies and similar tracking technologies are employed on our Site and Services, and how to opt out of certain uses of them.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner. We also do not understand such signals to indicate a “do not sell” expression by you, so we currently do not recognize these as a “do not sell” request. We understand that various parties are developing “do not sell” signals and we may recognize certain such signals if we conclude such a program is appropriate. In general, we do not recognize do not track signals, as there is not yet a consensus in the industry on how to address such signals.
If you are a California resident (referred to in the CCPA as a “consumer”) you can exercise certain privacy rights under the CCPA. In particular, you may request to know personal information collected, used and disclosed by a business and request deletion of the personal information that a business has collected from you. You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your personal information that we have collected in the period that is 12 months prior to the request date and are maintaining. You may exercise these rights via an authorized agent who meets the agency requirements of the CCPA.
To make a CCPA request, please contact us at support@butterfly.com. Any request you submit to us is subject to an identity verification process. In order to verify your request, we will review the information you have provided with your request and compare it with information that we have in our records. In some circumstances, we may ask you for additional information during the verification process.
Some personal information we maintain is not sufficiently associated with a particular individual for us to be able to verify that it is a particular consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As a result, we do not include that information in response to a consumer request. As to deletion requests, we may have one or more bases under applicable law, including the CCPA, for retaining certain information. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify personal information that is subject to the CCPA and to respond to your rights request. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome. Please note that personal information is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.
In addition to providing notice under the CCPA, we are required to provide notice under California’s Shine the Light law. In particular, California residents have the right to opt out of disclosing information to third parties for the purpose of allowing such third parties to directly market their products and services. At this time, we do not engage in this type of disclosure.