THE JOURNAL OF BONE AND JOINT SURGERY
Last modified and effective as of: 11-28-2018.
The Journal of Bone and Joint Surgery, Inc. (“JBJS,” we” or “us” or “our”) is a Massachusetts non-profit corporation.
This Privacy Policy relates to information collected online or offline (for customer support purposes) by, or on behalf of, JBJS through your use of, or relating to, all JBJS digital products and services, including jbjs.org, JBJS mobile applications, clinicalclassroom.jbjs.org, learn.jbjs.org and, unless other terms and conditions expressly apply, any other electronic service of JBJS that may be made available from time-to-time (each, a “Service”). This Privacy Policy is incorporated as a part of the JBJS Terms of Use. As used herein, “you” and “your” mean a user of the Service.
You should carefully read this Privacy Policy. By using the Service you are signifying your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you may not be able to use the Service.
To the extent that the Service is available to individuals located in the European Economic Area and the United Kingdom (referred to in this Privacy Policy as “EEA data subjects”) we are bound by and act in compliance with the General Data Protection Regulation 2016/679 (the “GDPR”). This Privacy Policy sets out our practices and obligations under the GDPR.
As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to, collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
This Privacy Policy serves to notify you of the following:
WHAT INFORMATION ABOUT ME IS COLLECTED?
Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information
Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, postal address, e-mail address, telephone number, fax number, and billing and credit card information. For the purposes of this Privacy Policy, personally identifiable information includes and amounts to ‘personal data’ as defined in the GDPR. All references to personally identifiable information shall be deemed to include ‘personal data’ as defined and used in the GDPR.
Non-Personally Identifiable Information
Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, including demographic information (such as age, profession, gender, current location, zip code, birth date, or year of birth), IP addresses, browser types, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, degree, profession label, sub-specialty information, training institution, residency status, employment institution, and statistical data involving the use of the Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences).
WHERE AND WHEN IS INFORMATION COLLECTED (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?
We will collect personally identifiable information that you provide or submit to us, including through your correspondence with us. We may also receive personally identifiable information about you from third parties, such as our publisher, Wolters Kluwer, which may provide us with your details when you have consented to receiving marketing information, or from third parties providing credit and debit card authorization and fraud screening services as part of your use of the Service.
Registering to Use the Service and in the Course of Using the Service.
You may be required to establish an account in order to take advantage of certain features of the Service. If you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as name, postal address, e-mail address, phone number, fax number and birth date and to provide credit card and billing information to PayPal or other third party payment processor. (The information we collect generally is stored and accessed by us at https://store.jbjs.org/customer/info.) Other information may be requested from time to time or for particular services. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an e-mail with questions or comments. Also, we will have access to any personally identifiable information that you choose to share through the Service (such as your name if you include it in comments that you post to the Service).
Cookies and Action Tags.
We may collect non-personally identifiable information passively using “cookies,” “action tags,” and HTML5 local storage.
“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your web browser and the activities of your computer on the Service and other websites. Cookies can be used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), to allow us to statistically monitor how you are using the Service to help us improve our offerings, and to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content.
In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on your computer or mobile device by third parties, including third parties that use our websites to display or serve advertisements or to collect non-personally identifiable information in order to provide advertising-related or analytics-related services. In the course of serving advertisements or providing other services, such third parties could place or recognize unique cookies on your browser.
You do not have to accept cookies to use the Service. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. However, if you reject cookies, certain features or resources of the Service may not work properly or at all and you may experience some loss of convenience.
“Action tags,” also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or e-mail sent on our behalf, may contain action tags.
“HTML5 local storage” is a method to enable web applications to store large amounts of data locally within the user’s browser, without affecting website performance.
By using the above technologies, we are able to gain valuable information to improve the Service and measure the effectiveness of our advertising and marketing campaigns.
Finally, you should be aware that, although we do not use tracking cookies in order to generate or place targeted third party advertisements, advertisers, analytics service providers, and other third parties may use their own cookies or action tags when you click on their advertisement or a link to their websites or services on or from the Service. This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services or providers of third-party advertising.
Log Files.
We also collect non-personally identifiable information through our Web Server log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.
Public Areas.
The Service may eventually feature various community areas and other public forums (the “Public Areas”) where Service users can share information, support one another or post questions. Any information you share in a Public Area (including personally identifiable information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot control or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, MSN, and Bing. If you mistakenly post personal information in a Public Area you can send us an e-mail to request that we remove it by contacting us at customersupport@jbjs.org. You should understand that in some cases, we may not be able to remove your information.
Therefore, if you wish to keep any information private or proprietary, do not submit it to the Public Areas of the Service. WE HAVE NO RESPONSIBILITY OR LIABILITY IF A USER’S INFORMATION OR IDENTITY IS MISUSED OR STOLEN, OR IF A USER SUFFERS HARM AS A RESULT OF VOLUNTARY DISCLOSURES.
DOES JBJS COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. By providing information to JBJS, you represent that you are 18 years of age or older.
WHAT DOES JBJS DO WITH THE INFORMATION IT COLLECTS?
We will only use your personally identifiable to the extent that the law allows us to do so. If you are an EEA data subject, pursuant to the GDPR, we are required to set out our legal bases (in other words, our justifications) for processing your personally identifiable information which are as follows:
- where you have given consent to the processing;
- where the processing is necessary to perform the contract we have entered into or are about to enter into with you; and/or
- where it is necessary for the purposes of our legitimate interests (or those of a third party) and your interests or fundamental rights and freedoms do not override those legitimate interests. Our legitimate interest will usually be the interests of improving the Service, ensuring that it remains a valuable source of information for orthopaedic surgeons and researchers.
In general, we use the information collected to provide the Service to you and process your transactions, to help us understand who uses the Service, for internal operations such as operating and improving the Service, to contact you for customer service and billing purposes, to facilitate the delivery of advertising, and, if you “opt in”, so that we and third parties can contact you about products and services that may be of interest to you.
We may use your information to send you a welcoming e-mail that may confirm your user name and password. If you opt in, we and third parties may send you electronic newsletters, contact you about the Service, products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences in each communication we send to you or, alternatively, you can let us know by email at customersupport@jbjs.org.
If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.
We may also use the information collected to send announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Service and are necessary for the performance of our contract with you.
We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.
WHEN DOES JBJS DISCLOSE INFORMATION TO THIRD PARTIES?
Except as set forth in this Privacy Policy, our Terms of Use or as specifically authorized by you, we will not disclose any information we gather from you through the Service. Without limitation of any provision contained herein, we reserve the right to share personal information with our publisher, Wolters Kluwer, for marketing and fulfillment purposes; to third parties in order to complete a transaction that you requested or as otherwise permitted by your organization’s customer agreements (if any); and as set forth below.
Laws and Legal Rights.
We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the JBJS Terms of Use, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Service or the general public.
Third Parties Generally.
We may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of our users of the Service, the products and/or services purchased using the Service, and the vendors of such products and services. In addition to the above, when users use our Service, third parties (including without limitation third-party analytics providers and advertisers) may directly collect personally identifiable and non-personally identifiable information about our users’ online activities over time and across different websites. For example, we might share our users’ responses to questionnaires and e-mail addresses with third parties in order for third parties to contact users about products and services that may be of interest. The third parties to which we may provide or who may independently directly collect personally identifiable and non-personally identifiable information may include potential or actual advertisers, analytics service providers, providers of advertising products or services (including vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners, sponsors, licensees, researchers and other similar parties.
Please note in particular that the Service uses Google Analytics, including its data reporting features, and Google Tag Manager. Information collected by Google includes but is not limited to web metrics. For information on how Google collects and processes data, please see the site “How Google uses data when you use our partners’ sites or apps”, currently located at www.google.com/policies/privacy/partners/. For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options presently located at https://tools.google.com/dlpage/gaoptout.
For further details of who we have shared your information with please contact us at customersupport@jbjs.org or using the alternative forms of contact details provided in the last section of this Privacy Policy.
Outside Contractors.
We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, and developing applications for the Service. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Service, including your personally identifiable information. We require that these Outside Contractors agree to (1) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted or as required by law.
Sale of Business.
We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of JBJS or any of its Corporate Affiliates (as defined below), or that portion of JBJS or any of its Corporate Affiliates to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.
Affiliates.
We may disclose information (including personally identifiable information) about you to our Corporate Affiliates. For purposes of this Privacy Policy: “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with JBJS, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.
DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES?
Our Service may provide you with access to other websites and services. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Service. We encourage you to read the privacy policies or statements of each such website and service. This Privacy Policy applies solely to information collected by us through the Service.
IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?
We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with industry standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.
Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.
COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?
Personally identifiable information collected on the Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. By using the Service and submitting such information on it, you voluntarily and expressly consent to the processing of your information as described in this Privacy Policy and to the trans-border transfer and hosting of your information (including personal and sensitive information) throughout the world, including transfer to and hosting in the United States and other countries that may not ensure adequate protection for personal information. If we do not obtain your consent to the trans-border transfer of your information, and the recipient country is not considered to be an adequate jurisdiction as described in Article 45 of the GDPR, we will put in place other appropriate safeguards as set out in Chapter V of the GDPR. For further details of these appropriate safeguards please contact us by emailing customersupport@jbjs.org or using the contact details given in the last section of this Privacy Policy.
If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Service are governed by the internal laws of the United States and the Commonwealth of Massachusetts, USA, regardless of your location.
FOR HOW LONG WILL MY PERSONALLY IDENTIFIABLE INFORMATION BE KEPT?
We will only retain your personally identifiable information for as long as necessary to fulfil the purposes for which we collected it.
To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and the applicable legal requirements.
WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
Except as otherwise described in this Privacy Policy or our Terms of Use, we will only use personally identifiable information for the purposes described above or as otherwise disclosed at the time we request such information from you. We will inform you if we are to use your personally identifiable information for another purpose and will obtain your permission if we are required to do so. You may also change your preference and “opt out” of receiving certain marketing communications from us by accessing https://store.jbjs.org/login, following the directions provided in association with the communication, or by contacting customersupport@jbjs.org.
DO NOT TRACK
The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests.
CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?
You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by accessing https://store.jbjs.org/login or contacting customersupport@jbjs.org. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
After receiving a request from you, unless we have a justification for not dealing with your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.
ADDITIONAL RIGHTS OF EEA DATA SUBJECTS
In addition to the rights described in the previous section, if you are an EEA data subjects you may, in certain circumstances, have the right to obtain a copy of your personal data, object to the processing of your personal information, request that the processing of your personal data is restricted, request that an electronic copy of your personal data is transferred to another third party (such as another service provider) or withdraw your consent (if we are relying on consent as the legal basis for our processing).
To exercise any of your rights, if this cannot be done by accessing https://store.jbjs.org/login, please contact us using the following email customersupport@jbjs.org.
As an EU data subject you also have the right to complain to your relevant supervisory authority. Before you make a complaint to a supervisory body we ask that you contact us using the contact details provided below to allow us the chance to resolve any issues.
HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?
We may revise this Privacy Policy from time to time. We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without informing you and obtaining your permission to continue processing your information, if we are required to do so. We may also make non-significant changes to this Privacy Policy that generally will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. We encourage you to check our web page at www.jbjs.org periodically for any changes. If any non-significant changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Service. Your continued use of the Service following the posting of non-significant changes to this Privacy Policy constitutes your acceptance of those changes.
WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact our Privacy Agent in any of the following ways:
By e-mail: customersupport@jbjs.org
By postal mail or courier:
Attn: Privacy Agent/Customer Support
The Journal of Bone and Joint Surgery, Inc.
20 Pickering Street, 3rd Floor
Needham, MA 02492
BY USING THE SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SERVICE. CONTINUED USE OF THE SERVICE, FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY THAT DO NOT SIGNIFICANTLY AFFECT THE USE OR DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION, MEANS THAT YOU ACCEPT THOSE CHANGES.
