Effective February 06, 2020
INTRODUCTION
Welcome to NeilMed Pharmaceuticals, Inc.’s (“NeilMed”, “we”, “us”, or
“our”) privacy notice. NeilMed respects your privacy and is committed to
protecting your personal data. This privacy notice applies to and
describes how NeilMed collects, uses, shares and secures the personal
data you provide. It also describes your choices regarding use, access
and correction of your personal data. Please also use the Glossary to
understand the meaning of some of the terms used in this privacy notice.
1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. GLOSSARY
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how NeilMed collects
and processes your personal data through your use of this website,
including any data you may provide when you sign up for our newsletter,
purchase a product, take part in a competition, interact with NeilMed’s
social media pages, or otherwise interact with the website. It also
applies to data you provide us other than through the website (i.e. at
industry events, over the phone, etc.) This privacy notice also applies
to our collection and processing of data we obtain from public sources
and data aggregators. This website is not intended for children and we
do not knowingly collect data relating to children. It is important that
you read this privacy notice together with any other privacy notice or
fair processing notice we may provide on specific occasions when we are
collecting or processing personal data about you so that you are fully
aware of how and why we are using your data. This privacy notice
supplements the other notices and is not intended to override them.
CONTROLLER
NeilMed is the controller and responsible for your personal data and
for this website. If you have any questions about this privacy notice,
including any requests to exercise your legal rights, please contact the
data privacy manager by using the details set out below.
CONTACT DETAILS
Full name of legal entity: NeilMed Pharmaceuticals, Inc.
Name of Data Privacy Manager: Natasha Bowman
Email address:
privacy@neilmed.com
Name of EU Representative: Mohammed Asif
Email address:
Asif@neilmed.com
Postal address: 601 Aviation Boulevard, Santa Rosa, California 95403, USA
Telephone number: +1-877-477-8633
You have the right to make a complaint at any time to the Information
Commissioner’s Office (ICO), the UK supervisory authority for data
protection issues (
www.ico.org.uk).
We would, however, appreciate the chance to deal with your concerns
before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
We may update this privacy notice to reflect changes to our information
practices. This version was last updated on February 6, 2020 and
historic versions can be obtained by contacting us at the above contact
information provided to you. If we make any material changes we will
notify you by email (sent to the e-mail address specified in your
account) or by means of a notice on this website prior to the change
becoming effective. We encourage you to periodically review this page
for the latest information on our privacy practices.
It is important that the personal data we hold about you is accurate and
current. Please keep us informed if your personal data changes during
your relationship with us.
THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and
applications whose privacy practices may differ from those of NeilMed.
Clicking on those links or enabling those connections may allow third
parties to collect or share data about you and/or if you submit personal
information to any of those websites, your information is governed by
their privacy policies. We encourage you to carefully read the privacy
policy of any website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an
individual from which that person can be (directly or indirectly)
identified.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, maiden name,
last name, username or similar identifier, profession, marital status,
title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address, fax number, and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
- Technical Data as is true of most websites, we
gather certain information automatically which may include internet
protocol (IP) address, your login data, browser type and version,
internet service provider (ISP), referring/exitpages, the files viewed
on our site (e.g. HTML pages, graphics, etc.), date/time stamp,
approximate location, and/or clickstream data, browser plug-in types and
versions, operating system and platform and other technology on the
devices you use to access this website, to analyze trends in the
aggregate and administer the site.
- Profile Data includes your username and password,
purchases or orders made by you, your interests, preferences, feedback
and survey responses.
- Usage Data includes information about how you use our website and/or products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
We also collect, use and share Aggregated Data such as statistical
or demographic data for any purpose. Aggregated Data may be derived
from your personal data but is not considered personal data in law as
this data does not directly or indirectly reveal your identity. For
example, we may aggregate your Usage Data to calculate the percentage of
users accessing a specific website feature. However, if we combine or
connect Aggregated Data with your personal data so that it can directly
or indirectly identify you, we treat the combined data as personal data
which will be used in accordance with this privacy notice.
We collect limited health-related data which you
directly provide to us by posting questions or comments on our “Ask a
Doctor” page, or by filling out surveys where you provide health-related
data (such as expressing your experience with allergies), by
interacting with the website or self-reporting to us. We generally do
not collect any other Special Categories of Personal Data about you
(this includes details about your race or ethnicity, religious or
philosophical beliefs, sex life, sexual orientation, political opinions,
or trade union membership). Nor do we collect any information about
criminal convictions and offenses.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a
contract we have with you and you fail to provide that data when
requested, we may not be able to perform the contract we have or are
trying to enter into with you (for example, to provide you with goods or
services). In this case, we may have to cancel a product or service you
have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your
Identity, Contact, Financial or other Data by filling in forms or by
corresponding with us by mail, phone, fax, email or in-person. This
includes, but may not be limited to, personal data you provide when you:
- Purchase our products or request samples;
- Create a user account on our website;
- Subscribe to our publications;
- Request marketing be sent to you;
- Interact with our website such as through modules, visiting the webstore, or taking quizzes;
- Interact with social media by visiting NeilMed pages, commenting on or liking posts;
- Enter a competition, promotion or survey; or
- Provide information in-person at industry events or other venues, or providing information by phone, fax or email.
- Automated technologies or interactions.As you
interact with our website, we may automatically collect Technical Data
about your equipment, browsing actions and patterns. We collect this
personal data by using cookies and other similar technologies. We may
also receive Technical Data about you if you visit other websites
employing our cookies. Please see our cookie policy for further details.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
• Analytics providers such as Google based outside the EU;
• Advertising networks such as
Google Adwords, Bing Adcenter, Amazon ads, Crieto sponsored ads, and
IPromote display ads based outside the EU; and
- Contact, Financial and Transaction Data from providers of
technical, payment and delivery services such as PayPal based outside
the EU.
- Identity and Contact Data from data brokers or aggregators
including trade show organizers and other professional associations
based inside and outside the EU.
- Identity and Contact Data from publicly availably sources such as internet search engines based inside and outside the EU.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most
commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a
third party) and your interests and fundamental rights do not override
those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your
personal data. You have the right to withdraw consent to marketing at
any time by contacting
privacy@neilmed.com .
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways
we plan to use your personal data, and which of the legal bases we rely
on to do so. We have also identified what our legitimate interests are
where appropriate.
Note that we may process your personal data for more than one lawful
ground depending on the specific purpose for which we are using your
data. Please contact
privacy@neilmed.com
if you need details about the specific legal ground we are relying on
to process your personal data where more than one ground has been set
out in the table below.
| Purpose/Activity |
Type of data |
Lawful basis for processing including basis of legitimate interest |
| To register you as a new customer |
(a) Identity
(b) Contact |
(a) Performance of a contract with you |
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us |
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications |
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us) |
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey |
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications |
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
| To enable you to partake in a prize draw, competition or complete a survey |
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications |
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use
our products/services, to develop them and grow our business) |
| To
administer and protect our business and this website (including
troubleshooting, data analysis, testing, system maintenance, support,
reporting and hosting of data) |
(a) Identity
(b) Contact
(c) Technical |
(a)
Necessary for our legitimate interests (for running our business,
provision of administration and IT services, network security, to
prevent fraud and in the context of a business reorganization or group
restructuring exercise)
(b) Necessary to comply with a legal obligation |
| To
deliver relevant website content and advertisements to you and measure
or understand the effectiveness of the advertising we serve to you |
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical |
Necessary
for our legitimate interests (to study how customers use our
products/services, to develop them, to grow our business and to inform
our marketing strategy) |
| To use data analytics to improve our website, products/services, marketing, customer relationships and experiences |
(a) Technical
(b) Usage |
Necessary
for our legitimate interests (to define types of customers for our
products and services, to keep our website updated and relevant, to
develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about goods or services that may be of interest to you |
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
MARKETING
We strive to provide you with choices regarding certain personal data
uses, particularly around marketing and advertising. We have established
a privacy center where you can view and make certain decisions about
your personal data use:
Click here
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to
form a view on what we think you may want or need, or what may be of
interest to you. This is how we decide which products, services and
offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested
information from us or purchased goods or services from us or if you
provided us with your details when you entered a competition or
registered for a promotion and, in each case, you have not opted out of
receiving that marketing.
THIRD-PARTY MARKETING
We will get your express opt-in consent before we share your personal
data with any company outside the NeilMed Group of companies for
marketing purposes.
OPTING OUT
You can ask us to stop sending you marketing messages at any time by
logging into the website and checking or unchecking relevant boxes to
adjust your marketing preferences or by following the opt-out links on
any marketing message sent to you or by contacting
privacy@neilmed.com at any time.
Where you opt out of receiving these marketing messages, this will not
apply to personal data provided to us as a result of a product purchase,
sample request, rebate or coupon request, survey and feedback
information.
COOKIES
NeilMed and its partners use cookies or similar technologies to analyze
trends, administer the website, track users’ movements around the
website, and to gather demographic information about our user base as a
whole. You can control the use of cookies at the individual browser
level, but if you choose to disable cookies, it may limit your use of
certain features or functions on our website or service.. For more
information about the cookies we use, please see
COOKIE POLICY.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we
collected it, unless we reasonably consider that we need to use it for
another reason and that reason is compatible with the original purpose.
If you wish to get an explanation as to how the processing for the new
purpose is compatible with the original purpose, please contact
privacy@neilmed.com.
If we need to use your personal data for an unrelated purpose, we will
notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your
knowledge or consent, in compliance with the above rules, where this is
required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below
for the purposes set out in the table in paragraph 4 above.
• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
We require all third parties to respect the security of your personal
data and to treat it in accordance with the law. We do not allow our
third-party service providers to use your personal data for their own
purposes and only permit them to process your personal data for
specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
We share your personal data within the NeilMed Group. This will
involve transferring your data outside the European Economic Area (EEA).
We ensure your personal data is protected by requiring
all our group companies to follow the same rules when processing your
personal data. These rules are called “binding corporate rules”. For
further details, see
European Commission: Binding corporate rules.
Whenever we transfer your personal data out of the EEA, we ensure a
similar degree of protection is afforded to it by ensuring at least one
of the following safeguards is implemented:
Please contact
privacy@neilmed.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your
personal data from being accidentally lost, used or accessed in an
unauthorized way, altered or disclosed. In addition, we limit access to
your personal data to those employees, agents, contractors and other
third parties who have a business need to know. They will only process
your personal data on our instructions and they are subject to a duty of
confidentiality.
We have put in place procedures to deal with any suspected personal data
breach and will notify you and any applicable regulator of a breach
where we are legally required to do so.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to
fulfil the purposes we collected it for, including for the purposes of
satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we
consider the amount, nature, and sensitivity of the personal data, the
potential risk of harm from unauthorized use or disclosure of your
personal data, the purposes for which we process your personal data and
whether we can achieve those purposes through other means, and the
applicable legal requirements.
In some circumstances you can ask us to delete your data: see Request Erasure below for further information.
In some circumstances we may anonymize your personal data (so that it
can no longer be associated with you) for research or statistical
purposes in which case we may use this information indefinitely without
further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws
in relation to your personal data. Please click on the links below to
find out more about these rights:
• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact
privacy@neilmed.com.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to
exercise any of the other rights). However, we may charge a reasonable
fee if your request is clearly unfounded, repetitive or excessive.
Alternatively, we may refuse to comply with your request in these
circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm
your identity and ensure your right to access your personal data (or to
exercise any of your other rights). This is a security measure to ensure
that personal data is not disclosed to any person who has no right to
receive it. We may also contact you to ask you for further information
in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month.
Occasionally it may take us longer than a month if your request is
particularly complex or you have made a number of requests. In this
case, we will notify you and keep you updated.
10. GLOSSARY
LAWFUL BASIS
Legitimate Interest means the interest of our
business in conducting and managing our business to enable us to give
you the best service/product and the best and most secure experience. We
make sure we consider and balance any potential impact on you (both
positive and negative) and your rights before we process your personal
data for our legitimate interests. We do not use your personal data for
activities where our interests are overridden by the impact on you
(unless we have your consent or are otherwise required or permitted to
by law). You can obtain further information about how we assess our
legitimate interests against any potential impact on you in respect of
specific
activities by
Contacting us.
Performance of Contract means processing your
data where it is necessary for the performance of a contract to which
you are a party or to take steps at your request before entering into
such a contract.
Comply with a legal or regulatory obligation
means processing your personal data where it is necessary for compliance
with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
INTERNAL THIRD PARTIES
Other entities in the NeilMed Group acting as joint controllers or
processors and who are based in Sweden, USA, Mexico, United Kingdom,
Canada, India, Australia, Germany, Japan, Singapore, New Zealand, Hong
Kong, and Costa Rica.
EXTERNAL THIRD PARTIES
External Third Parties may include:
- Authorized distributors of NeilMed’s products.
- Service providers acting as processors based inside and outside the EU.
- Professional advisers including lawyers, bankers, auditors and
insurers based inside or outside the EU who provide consultancy,
banking, legal, insurance and accounting services.
- Regulators and other authorities acting as processors or joint
controllers based who require reporting of processing activities in
certain circumstances.
NEILMED GROUP
TThe NeilMed Group of companies includes companies owned in whole or
part by NeilMed Pharmaceuticals, Inc., and/or its shareholders. For
inquiries about which entities are part of the NeilMed Group, please
contact
privacy@neilmed.com.
YOUR LEGAL RIGHTS
You have the right to:
- Request access to your personal data (commonly
known as a “data subject access request”). This enables you to receive a
copy of the personal data we hold about you and to check that we are
lawfully processing it.
- Request correction of the personal data that we
hold about you. This enables you to have any incomplete or inaccurate
data we hold about you corrected, though we may need to verify the
accuracy of the new data you provide to us.
- Request erasure of your personal data. This
enables you to ask us to delete or remove personal data where there is
no good reason for us continuing to process it. You also have the right
to ask us to delete or remove your personal data where you have
successfully exercised your right to object to processing (see below),
where we may have processed your information unlawfully or where we are
required to erase your personal data to comply with local law. Note,
however, that we may not always be able to comply with your request of
erasure for specific legal reasons which will be notified to you, if
applicable, at the time of your request.
- Object to processing of your personal data where
we are relying on a legitimate interest (or those of a third party) and
there is something about your particular situation which makes you want
to object to processing on this ground as you feel it impacts on your
fundamental rights and freedoms. You also have the right to object where
we are processing your personal data for direct marketing purposes. In
some cases, we may demonstrate that we have compelling legitimate
grounds to process your information which override your rights and
freedoms.
- Request restriction of processing of your personal
data. This enables you to ask us to suspend the processing of your
personal data in the following scenarios: (a) if you want us to
establish the data’s accuracy; (b) where our use of the data is unlawful
but you do not want us to erase it; (c) where you need us to hold the
data even if we no longer require it as you need it to establish,
exercise or defend legal claims; or (d) you have objected to our use of
your data but we need to verify whether we have overriding legitimate
grounds to use it.
- Request the transfer of your personal data to you
or to a third party. We will provide to you, or a third party you have
chosen, your personal data in a structured, commonly used,
machine-readable format. Note that this right only applies to automated
information which you initially provided consent for us to use or where
we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying
on consent to process your personal data. However, this will not affect
the lawfulness of any processing carried out before you withdraw your
consent. If you withdraw your consent, we may not be able to provide
certain products or services to you. We will advise you if this is the
case at the time you withdraw your consent.
Click here to download the Privacy Policy in PDF
