Privacy Policy

Last updated: February 24, 2026

Buffalo Surgery Center, LLC (“Company“, “we“, “our“, or “us“) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes how we collect, process, retain, and disclose personal data about you when providing services to you through our website, mobile applications, and services that link to this policy (our “Services“) and our practices for using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect:

• Through the Services.
• In communications, including email, text, chat, and other electronic messages, between you and the Services.
• Responses, reviews, and other user content stored or entered into the forms found in our Services.
• When you interact with our advertising and applications (including mobile apps) on third-party websites and services, if those applications or advertising.
• In the context of your attendance at events or functions we organize, including pictures, audio and video.
• Any other information you provide to us while using our Services.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party that does not link to this policy; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Services.

This policy also does not apply to medical information that would be considered “Protected Health Information” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), including medical and related information located within the Patient Portal.  We do not share this information beyond what is necessary to provide you with medical care and to comply with applicable federal, state, or local laws, rules, and regulations.  Our Notice of Privacy Practices is a separate document that describes how we may use and disclose protected health information about you and your rights with respect to your protected health information. To the extent of any conflict between this Privacy Statement and the Notice of Privacy Practices, the Notice of Privacy Practices will apply.

We may provide additional or different privacy policies that are specific to certain features, services, or activities.

Please read this policy carefully to understand our policies and practices regarding your information and how we treat it. By interacting with our Services or providing us with your information, you agree to the collection, use, and sharing of your information as described in this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy below). Your continued use of the Services after we make changes as described here is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children’s and Minors’ Data

Our Services are not intended for, and we do not knowingly collect any personal data from, children under the age of 18. If we learn we have collected or received personal data from a child under 18 years old without verification of parental or guardian consent, we will delete that information. If you are under 18, do not use or provide any information on Services, use any of the interactive features of the Services, or provide any information about yourself to us, including your name, address, telephone number, email address, uniform resource locator, or IP address.

The Personal Data That We Collect or Process

“Personal data” is information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, email address, telephone number, home address, or payment information (for example, account information such as name, postal address, and email address, or any other identifier we may use to contact you online or offline).

The types and categories of personal data we collect or process include:

• Account and contact information, including name, address (such as home address, work address, or other address), email address, phone number, and other contact information you provide us.
• Location information, including general geographic location such as country, state or province, or municipality, if you have enabled and consented to location information collection.
• Device information, including your IP address, device identifiers, operating system and version, preferred language, hardware identifiers, browser type and settings, and other device information.
• Content and information you elect to provide in connection with your use of the Services or in any reviews you make through the Services or emails, chats, form submissions, or other communications sent to us.

We also collect:

• Statistics or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal data. For example, we may aggregate personal data to calculate the percentage of users accessing a specific Services feature.
• Technical information. Technical information includes information about your internet connection and usage details about your interactions with the Services, such as clickstream information to, through, and from our Services (including date and time), services or information that you view or search for; page response times, download errors, length of your visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from a page.

If we combine or connect non-personal statistical or technical data with personal data so that it directly or indirectly identifies an individual, we treat the combined information as personal information.

How We Collect Your Personal and Other Data

You Provide Information to Us

We, and our third party service providers, may collect information about you when you interact with our Services, such as when you contact us, submit information via an online form, subscribe to our mailing list, make a reservation request for an event we are organizing, participate in surveys, sweepstakes, contests, or promotions, or create, upload, post content to the Services, including reviews, media such as photos, videos, or audio recordings, or any other action taken by you to interact with us via the Services.

Automatically Through Our Services

As you navigate through and interact with our Services, we (and our third-party service providers) may use automatic data collection technologies to collect information that may include personal data. Information collected automatically may include usage details, IP addresses, operating system, and browser type, and information collected through cookies, web beacons, and other tracking technologies including details of your interactions with our Services, such as traffic data, location data, logs, and other communication data, and which resources and Services features that you access and use.

We may use these automatic collection technologies to collect information about your online activities over time and across third-party sites or other online services (behavioral tracking).

Using automatic collection technologies helps us to improve our Services and to deliver a better and more personalized experience.

The technologies we use for this automatic data collection may include:

• A cookie is a small file placed on your device when you interact with the Services. You may refuse to accept or disable cookies by activating the appropriate setting on your browser or device. However, if you select this setting, you may be unable to access certain features of the Services.
• Web Beacons. Some parts of the Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those parts opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

What kinds of cookies and tracking technologies do we use?

Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and improving your user experience.  Buffalo Surgery Center uses the following categories of cookies: (1) strictly necessary cookies; (2) functional cookies; (3) performance cookies; and (4) targeting cookies:

• Strictly Necessary Cookies: These cookies are necessary for the website and app to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the website and app will not then work.
• Functional Cookies: These cookies enable the website and app to provide enhanced functionality and personalization. They may be set up by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services may not function properly.
• Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site and app. They help us to know which pages are the most and least popular and see how visitors move around the site and app. All the information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our website or app and will not be able to monitor its performance.
• Targeting Cookies: These cookies may be set through our site or app by our partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.  Third party cookies may include social media cookies designed to show you ads and content based on your social media profiles and activities on our website and advertising cookies to show you ads that are relevant to you.

To the extent any of these automated technologies are considered a personal data sale, targeted advertising, or profiling, under applicable laws, depending on where you live, you may opt out from use of these automated technologies for such uses by using our cookie consent tool to manage your cookie settings.

What are your rights to manage your tracking preferences?

You can review and change your cookie settings, including managing opt-out preferences, by selecting the Manage Cookie Preferences widget in the footer of our webpage, where available.  Please note that some Services features may be unavailable as a result.  Please also note that you will not be able to withdraw consent for cookies which are strictly necessary for the Services to operate.

When you interact with the Services, there are third parties that may use automatic collection technologies to collect information about you or your device. These third parties may include:

• Advertisers, ad networks, and ad servers.
• Analytics companies.
• Your device manufacturer.
• Your internet or mobile service provider.
• Providers of external functions (for example: seminar registration, video hosting, webinars, etc.).
• Cybersecurity and technological safeguards.

These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites, apps, platforms, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

From Business Partners and Service Providers

We may receive personal data about you from other sources and combine that with information we collect directly from you. For example, we may obtain information about you from service providers that we engage to perform services on our behalf, such as email platform providers, content delivery services, event registration services, promotions services, analytics, security and anti-fraud services, and data brokers.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal data, to:

• Provide you with the Services and any contents, features, information, products, or services that we make available through the Services.
• Fulfill any other purpose for which you provide it.
• Improve our Services, including by analyzing your information and creating aggregated data derived from your information) to develop, maintain, analyze, improve, optimize, measure, and report on our Services and their features and how users interact with them. Our analysis may include the use of technology like machine learning and large language models, which may include training these models or sharing with third parties for model training.
• Promote our Services, business, and offerings by publishing advertising on our own Services and by placing ads on third parties’ services. We may use your information to model, segment, target, offer, market, and advertise our Services.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when Services updates are available and about changes to any products or services we offer or provide though them.
• For any other lawful purpose.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

The usage information we collect, whether connected to your personal data or not, helps us improve our Services and deliver a better and more personalized experience by enabling us to:

• Estimate our audience sizes and usage patterns.
• Store information about your preferences, allowing us to customize the Services according to your individual needs and interests.
• Speed up your searches.
• Recognize you when you return to our Services.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see Your Rights and Choices About Your Information.

We use location information we collect to provide location-based features, including, but not limited to, recommendations for our offices nearest you.

Who We Disclose Your Information To

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may also disclose personal data that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our organization and who are bound by contractual obligations to keep personal data confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us is among the assets transferred.
• To fulfill the purpose for which you provide it. For example, if you give us an email address to subscribe to our mailing list or register for an event, we will use that email to communicate with you regarding general information about us or information about the event you registered for.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal data:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply the terms of this policy and any other policy which governs your use of the Services.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our organization or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Rights and Choices About Your Information

This section describes mechanisms you can use to control certain uses and disclosures of your information and rights you may have under state law, depending on where you live.

Advertising, marketing, cookies, and other tracking technologies choices:

• Cookies and Other Tracking Technologies. You can set your browser to refuse all or some browser cookies or other tracking technology files, or to alert you when these files are being sent. You can choose whether or not to allow the Services to collect information through other tracking technologies by navigating to the Manage Cookie Preferences widget in the footer, as discussed in greater detail above. If you disable or refuse cookies or similar tracking files, some Services features may be inaccessible or not function properly. Some browsers include a “Do Not Track” (DNT) setting that can send a signal to the online services you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Services may not respond to all browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described in this policy.
• Promotions by the Company. If you do not wish us to use your information to promote our own products or services, you can opt out by navigating to the Manage Cookie Preferences widget in the footer.
• Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target audience preferences, you can opt out by navigating to the Manage Cookie Preferences widget in the footer. For this opt out to function, you must have your browser set to accept all browser cookies.

Location data choices:

• Location Data. You can choose whether or not to allow the Services to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some Services features may become inaccessible or not function properly.

Your State Privacy Rights

Depending on your state of residency, you may have certain rights related to your personal data, including:

• Access and Data Portability. You may confirm whether we process your personal data and access a copy of the personal data we process. To the extent feasible and required by state law, depending on your state, data will be provided in a portable format. Depending on your state, you may have the right to receive additional information and it will be included in the response to your access request.
• You may request that we correct inaccuracies in your personal data that we maintain, taking into account the information’s nature and processing purpose.
• You may request that we delete personal data about you that we maintain, subject to certain exception under applicable law.
• Opt Out of Using Personal Data for Targeted Advertising, Profiling, and Sales. You may request that we do not use your personal data for these purposes.

Important: The exact scope of these rights vary by state. There are also several exceptions where we may not have an obligation to fulfill your request.

To exercise any of these rights, please email compliance_bsc@excelsiorortho.com. To appeal a decision regarding a consumer rights request, please follow instructions contained within the decision itself.

Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to process your request to opt out from certain types of data processing, including data “sales” as defined under certain laws. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting as required by applicable law.

Legal Matters

We reserve the right to comply with the law and to release personally identifiable information relating to any user of the Services (i) if we reasonably believe that the user is in violation of our policies or other published guidelines or is engaged in illegal activity; (ii) to release information in response to court and governmental orders, other enforceable requests from government entities, civil subpoenas, discovery requests, and otherwise as required by law; (iii) if we reasonably believe that such release is required to protect the rights, property, safety, or security of any of our users or the public; or (iv) to respond to an emergency.

How We Protect Your Personal Data

We use commercially reasonable administrative, physical, and technical measures designed to protect your personal data from accidental loss or destruction and from unauthorized access, use, alteration, and disclosure. However, no website, mobile application, system, electronic storage, or online service is completely secure, and we cannot guarantee the security of your personal data transmitted to, through, using, or in connection with the Services. In particular, email, texts, and chats sent to or from the Services may not be secure, and you should carefully decide what information you send to us via such communications channels. Any transmission of personal data is at your own risk.

The safety and security of your information also depends on you. You are responsible for taking steps to protect your personal data against unauthorized use, disclosure, and access.

How We Retain Your Personal Data

We keep the categories of personal data described in this policy for as long as reasonably necessary to fulfill the purposes described or for as otherwise legally permitted or required, such as maintaining the Services, operating our organization, complying with our legal obligations, resolving disputes, and for safety, security, and fraud prevention. This means that we consider our legal and business obligations, potential risks of harm, and nature of the information when deciding how long to retain personal data. At the end of the retention period, personal data will be deleted, destroyed, or deidentified.

Information for Individuals Located Outside the United States Buffalo Surgery Center, LLC is located in the United States. Our Services are directed only at individuals in the United States. If you are using our Services, or any part thereof, from outside of the United States, please be aware that your information may be transferred to, stored, or processed in the United States and maintained on computers or servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.

Changes to Our Privacy Policy

We may update this policy from time to time, and we will provide notice of any such changes to the policy as required by law. The date the privacy policy was last updated is identified at the top of the page. We will notify you of changes to this policy by updating the “last updated” date and posting the updated policy on the Services. We may email or otherwise communicate reminders about this policy, but you should check our Services periodically to see the current policy and any changes we have made to it.

Contact Information

To exercise your rights or ask questions or comment about this privacy policy or our privacy practices, contact us at:

Compliance Office

3921 Sheridan Drive

Amherst, NY 14226

compliance_bsc@excelsiorortho.com

(716) 250-6520; ext 9888