A. OUR COMMITMENT TO PRIVACY
We respect the privacy of your information. As a result, we believe that it is important to provide you with this explanation about our online information practices as they relate to your usage of this Website. Biosensors may collect, on the Website or elsewhere, visitor information, which includes information that individually identifies you, such as your name, user name, e-mail address, physical address or similar information ('Personally Identifiable Information'). Biosensors is the sole owner of all information provided to us, including Personally Identifiable Information, subject to the limitations of this Policy.
B. THE INFORMATION WE COLLECT
The Website collects Personally Identifiable Information that you choose to share with us, such as (a) when you contact us on the Website by clicking on the 'Contact' button, (b) when you register yourself for access to those areas of the Website where access is restricted (such as a password- protected area for licensed medical professionals), or (c) when you register online for an event or course.
We may require users to register on the Website or otherwise by providing certain Personally Identifiable Information in order to access certain parts of the Website ('Registered Users'). For example, certain content may only be made available to Registered Users who are licensed medical professionals. Any information you provide to us must be true, accurate, non-misleading and consistent and relevant for the purpose for which you are providing the information. If you are a registered user, you must have the authority to provide the information submitted to and through the Website, and understand and agree that we may from time to time verify such data.
In addition, we automatically gather general statistical information about our Website and visitors, such as IP addresses, date and time you access the Website, your origin and destination URLs, the computer technology you are using, the pages you viewed, the number of visitors, your time spent on each page, items accessed, your browsing preferences, etc. ('Usage Data').
C. THE WAY WE USE INFORMATION
We will only use Personally Identifiable Information for the legitimate purposes specified below. Generally we will not willfully share or disclose Personally Identifiable Information without your permission, except that visitor information including Personally Identifiable Information:
(1) May be shared or used for the purpose of providing a visitor with any requested information, goods or services, or in connection with any such transaction;
(2) May be shared or used in connection with our efforts to inform visitors about additional goods, services, information, updates, notices and the like, offered by us or by third parties, which might be of interest to the visitors;
(3) May be shared, used or sold to any successor to or purchaser of part or all of the assets of the business;
(4) May be shared or used in connection with editorial feedback on products or other materials we provide; in connection with statistical analyses of the Website and its Usage Data; for product development; to improve our marketing and promotional efforts; for content and product improvement; and to customize content, layout and services of the Website;
(5) May be shared or used for the purpose of reviewing and verifying your registration information; and
(6) May be shared or used when necessary for the performance of a contract to which the visitor is a party or third party beneficiary.
In certain instances, we may contract with nonaffiliated companies to perform services for us. Where reasonably necessary, we will disclose visitor information including Personally Identifiable Information to these third parties. While we only disclose as much information as is reasonably necessary to complete the task, and we also require third parties to treat your private information with the same degree of care that we do, we make no representations or warranties that such third parties will comply with this requirement, and we disclaim any liability for a potential breach of your privacy or of this Policy by any third parties with whom we provide such information.
D. SAFE HARBOR
For information collected from individuals in the European Union the following applies:
The U.S. Department of Commerce and the European Commission have agreed to a set of data protection principles to enable U.S. companies to satisfy European Union data protection requirements and allow the transfer of personal information from countries in the European Union to the United States. More information regarding the Safe Harbor program can be found at www.export.gov/safeharbor. This policy is based on the Safe Harbor Privacy Principles (the 'Principles'). In addition, Biosensors provides the following specific information in relation to the Safe Harbor.
Notice. The purposes for which Biosensors collects and uses Personally Identifiable Information and the types of third parties to which Biosensors discloses Personally Identifiable Information are stated in Paragraph C, above. Individuals may contact Biosensors with any inquiries or complaints, or to choose to limit the use and disclosure of Personally Identifiable Information pursuant to Paragraph J, below.
Choice. Biosensors will offer individuals the opportunity to choose (opt-out) whether their Personally Identifiable Information is (a) disclosed to a non-agent third party (other than as required by law); or (b) used for a purpose different from the purpose for which the Personally Identifiable Information was originally collected, pursuant to Paragraph J, below. The European Union has adopted special rules which apply to the collection and processing of information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or data concerning health or sex life ('Sensitive Personal Information'). With the possible exception of data concerning health, Biosensors does not collect Sensitive Personal Information via the Website. In the event that Biosensors does collect Sensitive Personal Information, including data concerning health, Biosensors will not disclose such Sensitive Personal Information to a non-agent third party or use such Sensitive Personal Information for a purpose different than the purpose for which it was originally collected unless the subject affirmatively and explicitly consents (opts-in) to the disclosure or use of the Sensitive Personal Information, which such affirmative consent may be given, among other ways, by a Registered User in connection with the registration process.
Onward Transfer. Prior to onward transfer of Personally Identifiable Information to third parties acting as Biosensors' agent, Biosensors will first determine that the receiving party (a) subscribes to the Safe Harbor principles; (b) is subject to the European Union data protection directive or another adequacy finding; or (c) has entered into an agreement with Biosensors to provide at least the same level of privacy protection as required by the Safe Harbor principles.
Security. Biosensors will take reasonable precautions to protect the Personally Identifiable Information from loss, misuse and unauthorized access, disclosure, alteration or destruction.
Data Integrity. Biosensors will only collect Personally Identifiable Information that is reasonably relevant for the purposes for which it is collected. Biosensors will take reasonable steps to ensure that the Personally Identifiable Information that it does collect is reliable for its intended use, accurate, complete and current. Biosensors will maintain the Personally Identifiable Information only for so long as it is necessary for the purpose for which it was collected.
Access. Upon request, Biosensors will provide individuals with reasonable access to the Personally Identifiable Information related to them as well as comply with requests to correct or amend any incorrect or inaccurate Personal information, except when providing access would entail a disproportionate burden or expense or when access to Personally Identifiable Information would infringe or unduly prejudice rights, including privacy rights, of other parties. We also reserve the right to use information obtained previously to verify your identify or take other actions that we believe are appropriate.
Enforcement. Biosensors will perform internal reviews of compliance with this Policy and the Principles. Any employee found to be in violation of this policy will be subject to disciplinary action up to and including termination. Any questions about this policy, or concerns regarding the use or disclosure of Personally Identifiable Information should be made pursuant to Paragraph J below. Biosensors will investigate all reports and attempt to resolve the issue in accordance with the Principles. Any dispute that cannot be resolved by Biosensors can be referred to the Enforcement Division of the Federal Trade Commission.
E. YOUR CONSENT TO PROCESSING
By using the Website, or providing information to Biosensors, you understand and unambiguously consent to the collection, processing, transfer and use of information in the United States and other countries and territories which do not ensure an adequate level of privacy protection, as defined by European Union standards. You hereby consent to the collection, processing and disclosure by Biosensors of your Personally Identifiable Information as described under this Policy, including but not limited to the transfer of your Personally Identifiable Information between Biosensors, its service providers, affiliates and subsidiaries, in the United States and elsewhere, in accordance with this Policy.
F. NO LIABILITY FOR ACTS OF THIRD PARTIES
Although Biosensors will use reasonable efforts to safeguard the confidentiality of Personally Identifiable Information, transmissions made by means of the Internet cannot be made absolutely secure. Biosensors will have no liability for disclosure of information due to errors in transmission, unauthorized acts, or through the use of third-party cookies, including those of advertisers when you view or click on their advertisements. Once you leave the Website, you will be subject to third-party privacy policies, which may differ significantly from this Policy.
G. EFFECTIVE DATE AND UPDATES
Biosensors reserves the right to change or update this Policy, or any other Biosensors policy or practice, at any time, for any reason. Any changes or updates will be effective immediately upon posting to the Website, and your use of any part of the Website following such posting constitutes your acceptance of this Policy as so changed or updated.
Biosensors does not currently accept any information submitted to the Website from children under the age of 13. No information should be submitted to or posted at the Website by children under 18 years of age without the consent of their parent or legal guardian. Biosensors does not allow children under 13 to register or to receive direct marketing communications arising from their use of the Website and, therefore, Biosensors does not provide any Personally Identifiable Information from children under 13 to any third party.
I. HARM TO OTHERS
Notwithstanding any other provision of this Policy, Biosensors reserves the right to use and release your account and other Personally Identifiable Information when it believes it is appropriate to do so in order to: comply with the law; enforce or apply the Terms and Conditions of Use and other applicable agreements with you; protect Biosensors' or its affiliates vital interests, which may relate to litigation, arbitration, mediation, corporate compliance or internal audits; resolve disputes; investigate problems; or to protect the rights, property or safety of Biosensors, its clients or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction but does not include disclosing your Personally Identifiable Information for commercial purposes in violation of this Policy.
J. HOW TO CONTACT US
You may contact us to discuss this Policy, to opt out of receiving communications from us, to access and correct any Personally Identifiable Information collected about you, or to request a change of use via the contact us form or one of the locations that corresponds to your area.
K. PUBLIC AREAS
Any information purposefully disclosed in public areas of the Website will become public information. We cannot control the use of information disclosed in public forums, such as bulletin boards, blogs and chat rooms. You should exercise caution when disclosing information in these public areas and should refrain from disclosing Personally Identifiable Information. Content posted in public areas of the Website, including advice and opinions, represents the views and is the responsibility of those who post the content. Biosensors does not necessarily endorse, support, verify or agree with the content posted.
L. DISPUTE RESOLUTION; TIME BAR
The construction and validity of this Policy shall be governed by the substantive and procedural laws of the State of California, U.S.A., without regard to any conflict of laws rules. You and Biosensors agree to submit to the personal and exclusive jurisdiction of the state and federal courts of the State of California, U.S.A., and/or to the national or canton courts located in Morges, Canton of Vaud, Switzerland, save that nothing in this Policy shall limit the right of one Party to take proceedings against the other Party in any other court or courts of competent jurisdiction for the purpose of protecting the former Party's intellectual property rights (including, without limitation, patents, trademarks, service marks, copyrights and trade secrets). You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Policy or any use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The failure of Biosensors to exercise or enforce any right or provision of this Policy shall not constitute a waiver of such right or provision. If any provision of this Policy is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to Biosensors' intentions as reflected in the provision, and the other provisions of this Policy shall remain in full force and effect. You agree that this Policy describes the entire agreement between us with respect to its subject matter.
Copyright © 2009. Biosensors International Group, Ltd.