BESINS ONLINE TERMS OF USE

Effective date of the Terms of Use

June 2016

Scope of the Terms of Use

These online terms of use (“Terms of Use”) govern your access to websites controlled by Besins Healthcare (UK) Ltd. and its affiliates (together referred to as “BESINS”) which link to these Terms of Use (together referred to as “BESINS websites”). These Terms of Use do not apply to BESINS websites that do not link to these Terms of Use, or to third-party websites to which BESINS websites may link.

By accessing or using BESINS websites, you agree that you have read, understand, and agree to be bound to the current version of these Terms of Use which you may view when accessing BESINS websites. If you disagree with these Terms of Use, or are dissatisfied with BESINS websites, your sole and exclusive remedy is to discontinue using this BESINS website.

Your use of BESINS websites

By using BESINS websites, you agree not to disrupt or intercept BESINS’ electronic information posted on BESINS websites or on any of BESINS’ servers. You also agree not to attempt to circumvent any security features of BESINS websites, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

You are fully responsible for the content and correctness of details that you send to BESINS as well as for the non-violation of any third-party rights that may be involved in such details. You are prohibited from posting or transmitting any unlawful, promotional, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. BESINS will fully cooperate with any law enforcement authorities or court order requesting or directing BESINS to disclose the identity of anyone posting any such information or materials.

Subject to these Terms of Use and BESINS’ Privacy Policy, you grant to BESINS the right to use all content you upload or otherwise transmit to BESINS websites, in any manner BESINS chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. To the extent allowed by applicable law, you waive any moral rights you may have to content you upload or otherwise transmit to BESINS websites (if any).

Except as expressly stated and agreed upon in advance by BESINS, no confidential relationship shall be established in the event that any user of BESINS websites should make any oral, written or electronic communication to BESINS (such as feedback, questions, comments, suggestions, ideas, etc.). If any BESINS website requires or request that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), BESINS shall obtain, use and maintain it in a manner consistent with BESINS’ Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and BESINS shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.

Links to BESINS websites

BESINS has not reviewed any or all of the third-party websites which contain links to BESINS websites and is not responsible for the content of any such off-site pages or any other sites linked to BESINS websites. You may not link to any pages of a BESINS website without the prior written consent of BESINS. Quotation or use of one or more portions of BESINS websites in the site of any third parties without written consent is likewise prohibited.

Links to other websites

Links to third-party websites may be provided on BESINS websites for the interest or convenience of visitors to BESINS websites. BESINS will endeavor to inform you when you are leaving BESINS websites that BESINS does not endorse the contents of the third-party site. However, BESINS accepts no liability for links from BESINS to others, and in particular BESINS is not responsible for the accuracy or legality of the content of third-party websites. BESINS accepts no liability deriving from a breach or omission in the privacy policies of third parties. In addition, the existence of a link between a BESINS website and any third-party website in no way implies that BESINS in any way approves of the content of this third-party website.

Product Information

BESINS provides all the product information on BESINS websites and it is intended for general information purposes only. Many pharmaceutical products listed are available upon prescription from a medical doctor or qualified medical professional only, and not all such products may be available in all countries. The product information is not intended to provide complete medical information. Should you have a medical condition, promptly see your own doctor or health care provider. BESINS does not offer personalized medical diagnosis or patient-specific treatment advice. You should always obtain complete medical information about your prescription medicines or medical devices (including their beneficial medical uses and possible adverse effects) by discussing the appropriate use of any medicine(s) or medical devices directly with your prescribing physician or, where appropriate, other medical advisor. Depending on your local laws, you may obtain further information from the product’s information leaflet. Information on these products may vary by country. Patients, physicians and other medical professionals should check with local medical resources and regulatory authorities for information appropriate to their country. In addition, current regulations in many countries limit (or even prohibit in some instances) the ability of BESINS to provide information and/or to respond directly to patient questions regarding its prescription products. BESINS, however, will respond to inquiries from and provide information to your qualified health care professional in accordance with local regulations.

Expert Opinions

Expert opinions or extracts from press articles concerning a particular area in relation with the content of BESINS websites shall be posted on BESINS websites. Such information represents only the opinions of the respective experts or of the newspaper, their opinions are not necessarily those of BESINS. BESINS is not responsible for the accuracy or completeness of any information or opinions set forth in such materials.

Forward-Looking Statements

BESINS websites may also contain forward-looking statements that reflect BESINS’ current expectations regarding future events and business developments. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. BESINS intends to update BESINS websites on a regular basis but assumes no obligation to update any of the content.

Intellectual Property

You should assume that all product names appearing on BESINS websites, whether or not appearing in large print, italics or with the trademark symbol are trademarks owned by or licensed to BESINS. You should assume that the material appearing on BESINS websites is copyrighted unless otherwise noted. BESINS websites may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of BESINS and/or other parties. No license to or right in any such trademarks, patents, design, copyright, trade secrets, technologies, products, processes and other proprietary rights of BESINS and/or other parties is granted to or conferred upon you. No material from BESINS websites may be copied, reproduced, modified, republished, uploaded, distorted, transmitted or distributed in any manner or in any medium, in part or in whole, without the prior written consent of BESINS. Only copying for private usage is permitted for your personal, private and non-commercial use, on your personal computer. Except as otherwise permitted in this paragraph, BESINS neither warrants nor represents that your use of materials displayed on BESINS websites will not infringe rights of third parties not owned by or affiliated with BESINS.

Privacy 

BESINS is committed to safeguarding your privacy online. BESINS understands the importance of privacy to BESINS’ customers and visitors to BESINS websites. BESINS’ use of personally identifiable information is governed by BESINS’ Privacy Policy and by accessing and using BESINS websites, you agree to be bound by that Privacy Policy.

Representations and Warranties

Although BESINS strives to provide on BESINS websites the latest developments relating to BESINS products and services, and other information about BESINS, BESINS does not warrant the accuracy, effectiveness and suitability of any information contained in BESINS websites. Each person assumes full responsibility and all risks arising from use of BESINS websites. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. BESINS reserves the right to make additions, deletions, or modifications to the information contained on BESINS websites at any time without any prior notification.

BESINS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON BESINS WEBSITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BESINS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITH THE EXCEPTION OF DIRECT DAMAGES RESULTING FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY BESINS, IN NO EVENT SHALL BESINS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OF, USE OF, OR INABILITY TO USE BESINS WEBSITES, AND/OR THE INFORMATION OR CONTENT POSTED ON BESINS WEBSITES, REGARDLESS OF WHETHER BESINS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to BESINS websites or these Terms of Use more than one (1) year after such claim or cause of action arose.

Other Terms

Your use of BESINS websites is subject to these Terms of Use. You agree that these Terms of Use (together with the Privacy Policy and the Cookies Policy) describe the entire agreement between you and BESINS with respect to its subject matter.

This BESINS website was created and is operated under the UK law. UK legislation will control the terms provided in these Terms of Use, to the extent that UK laws are not overridden by applicably mandatory law, e.g. consumer protection laws applying to you.

If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, you agree that the other provisions of these Terms of Use will remain in full force and effect.

Without prejudice to your rights under applicable law, BESINS reserves the right to amend these Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices. If BESINS changes these Terms of Use, an updated version of these Terms of Use will reflect those changes and BESINS will notify you of such changes by updating the effective date at the top of these Terms of Use.

PRIVACY POLICY                                                                                         

Effective Date of this Privacy Policy

June 2016

Privacy at BESINS

Besins Healthcare (UK) Ltd and its affiliates (together “BESINS” or “we”) recognise the importance of your privacy and understand that the security of your Personal Information is important to you. We are committed to protecting the Personal Information you provide to us. This Privacy Policy outlines how we generally manage your Personal Information and protect your privacy.

What is “Personal Information” as used in this Privacy Policy?

“Personal Information” means information that identifies you or could be used to identify you, directly or indirectly, and which is submitted to and/or collected by BESINS websites.

What kind of “Personal Information” does BESINS collect?

Examples of Personal Information that we may collect include your name, your postal address, your email address, date of birth, your telephone number, and your online identifier. We do not collect through our websites any Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, data concerning health or data concerning your sex life or sexual orientation.

What is the scope of this Privacy Policy?

Unless otherwise specifically noted, this Privacy Policy does not apply to Personal Information collected from you offline, to BESINS websites that do not link to this Privacy Policy, or to third-party websites to which BESINS websites may link. Your use of BESINS websites is subject to this Privacy Policy and the Terms of Use.

We recommend that you read this Privacy Policy before using BESINS websites or submitting Personal Information to us.

How does BESINS collect Personal Information online?

We collect information in two ways:

  • Personal Information you submit: we collect Personal Information that you enter into data fields on BESINS websites. For example, you may submit your name, postal address, e-mail address, and/or other information in order to receive information about various subjects, register for BESINS programs, contact BESINS customer service, or respond to BESINS surveys. To protect your privacy, you should not provide us with any information that is not specifically requested.
  • Passive collection of unidentifiable information: BESINS websites may collect information about your visits to BESINS websites without you actively submitting such information. Unidentifiable information may be collected using various technologies, such as cookies (see our Cookies Policy), and web beacons. Web beacons (also referred to as GIF files, pixels or Internet tags) help us recognise a unique cookie on your browser. Your Internet browser automatically transmits to BESINS websites some of this unidentifiable information, such as the URL of the website you just visited and the browser version your computer is operating. Passive information collection technologies can make your use of BESINS websites easier by allowing us to provide better service, customise BESINS websites based on consumer preferences, compile statistics, analyse trends, and otherwise administer and improve BESINS websites. Certain features of BESINS websites may not work without use of passive information collection technologies. Information collected by these technologies cannot be used to identify you without additional identifiable information and we will not connect additional identifiable information with information collected through the use of such tracking technologies. With respect to limiting or disabling tracking technology please see below “What choices do I have about how BESINS collects and uses Personal Information about me?

For what purposes does BESINS collect, hold, use and disclose Personal Information?

We will use the Personal Information you provide through BESINS websites for the purpose of responding to your questions and providing you with the requested service or information. After you have entered Personal Information into a form or data field on a BESINS website, we may use certain identifying technologies to allow that BESINS website to “remember” your personal preferences, such as sections of that BESINS website that you visit frequently and, if you choose, your user ID. We will only use your Personal Information for other business purposes (such as to offer you the opportunity to receive notices regarding BESINS’ products or services, to invite you to participate in surveys about our products, or to notify you about special promotions) if you provided us with your prior opt-in for such purposes. We will never send you a commercial electronic message unless permitted.

Does BESINS consolidate Personal Information?

We may consolidate the Personal Information of customers who use BESINS websites. In addition, we may consolidate information in a non-identifiable form (aggregate/anonymous data) to help us better design BESINS websites and BESINS products, to enhance our research activities, and to facilitate other business functions.

What choices do I have about how BESINS collects and uses Personal Information about me?

You may always limit the amount and type of Personal Information that we receive about you by choosing not to enter any Personal Information into forms or data fields on BESINS websites. However, please note that if you choose not to provide the Personal Information requested of you to us, we may be unable to provide you with the products and services you require or contact you to perform the functions and activities described below.

Other parts of BESINS websites may ask whether you wish to opt into our contact lists for offers, promotions and additional services that may be of interest to you. You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want BESINS websites to use tracking technologies, such as cookies, to “remember” your Personal Information, such as user IDs or mailing addresses, on return visits. However, BESINS websites that use tracking technologies to collect unidentifiable information do not generally provide you with the ability to opt out of the tracking technologies. Some Internet browsers allow you to limit or disable the use of tracking technologies that collect unidentifiable information. See our Cookies Policy for further guidance.

Who will have access to Personal Information about me?

Personal Information can be accessed by a restricted number of BESINS employees, by certain companies with which we may conduct joint programs, and by third parties with whom we contract to carry out business activities for or on behalf of us. We train our employees, consultants and subcontractors about the importance of privacy and how to handle and manage Personal Information and customer data appropriately and securely. Third parties who have contracted with us are instructed to process the Personal Information only on documented instructions from us, to use Personal Information for the agreed upon purpose only, not to sell Personal Information to other third parties, to make sure that their employees authorised to process the Personal Information have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality, and not to disclose it to other third parties except as may be required by law. Also, it is BESINS practice to seek your consent where required by applicable law if you are registering for a program which is conducted in conjunction with another company that may require access to your Personal Information. Personal Information collected from you may also be transferred to a third party in the event that the business of this site or a part of it and the customer data connected with it is sold, assigned or transferred, in which case we would require the buyer, assignee or transferee to treat Personal Information in accordance with this Privacy Policy. Finally, Personal Information may be disclosed to a third party if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding.

How does BESINS protect the privacy of children?

We do not knowingly collect or use any Personal Information from children (we define “children” as minors younger than 18) on BESINS websites. We do not knowingly allow children to order our products, communicate with us, or use any of our online services. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below (see: How can I contact BESINS?), and we will work with you to address this issue.

How does BESINS secure Personal Information?

It is BESINS practice to secure each BESINS website that collects Personal Information, but BESINS urges you to exercise caution when transmitting Personal Information over the Internet. BESINS websites covered by this Privacy Policy will display a warning whenever you link to a website that is not controlled by BESINS. You should check the privacy policies of such third-party websites before submitting Personal Information.

Management and security of Personal Information

BESINS stores your Personal Information in hard copy documents and/or as electronic data in our software IT systems (and those of our service providers). BESINS IT servers, databases and cloud based data centres are located globally. We may therefore transfer your Personal Information to one of BESINS’ IT servers, databases and cloud based data centres outside your country of domicile. However, BESINS is committed to keeping your Personal Information secure and to ensuring effective levels of data protection, in accordance with this Privacy Policy and applicable law.

How long will BESINS store Personal Information?

In general, we will only store your Personal Information for as long as it is needed to fulfil the purposes for which it was collected, subject to applicable data retention periods imposed upon us by applicable law.

How may I access Personal Information held by BESINS?

You can, in most cases, access the Personal Information we hold about you. All requests for access to your Personal Information can be directed using one of the methods specified below (see: How can I contact BESINS?). Please note that in certain circumstances we are entitled to deny access. If access is denied, reasons for the denial of access will be given in writing.

How may I correct Personal Information, or delete it from current customer records?

With your support we will keep Personal Information accurate and up-to-date. You may request to remove, amend or correct your Personal Information at any time. You have also the right at any time to withdraw your consent to the use of your Personal Information in the future. Please notify us of your wishes by contacting us using one of the methods specified below (see: How can I contact BESINS?), especially if you believe that the information we hold about you requires changing or has become out-of-date.

What if you have a complaint?

If you have any concerns or complaints about the manner in which your Personal Information has been collected or handled by us, please contact us using one of the methods specified below (see: How can I contact BESINS?).

It is our intention to use our best endeavours to resolve any complaint to your satisfaction. However, if you are unhappy with our response, you may make a complaint with a relevant supervisory authority (see for the UK: https://www.gov.uk/data-protection/make-a-complaint)

How can I contact BESINS?

If you would like to have access to Personal Information we hold about you, if you have questions about the scope, use, amendment, or deletion of Personal Information that you have provided to BESINS, or if you would like to opt out of future communications from a BESINS business or a particular BESINS program, or if you are a parent and become aware that your child has provided us with information, or if you want to make a complaint or raise any concern, please contact us by clicking on the “Contact Us” link on the BESINS website you are visiting or by sending an e-mail to information@besins-healthcare.com. Alternatively, you may send a letter to the following address:

Besins Healthcare

28 Poland Street

W1F 8QN

United Kingdom

Your question, request, concern or complaint will be directed to the appropriate person who will consider and respond to your complaint within fourteen (14) days. In all communications to BESINS, please include the e-mail address used for registration (if applicable), the BESINS website address on which you provided any Personal Information about which you have questions or concerns, and a detailed explanation of your request. If you would like to delete, amend or correct your Personal Information and are contacting us by e-mail, please put “Deletion Request” or “Amendment/Correction Request”, as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner.

How will I know whether BESINS has updated this Privacy Policy?

If BESINS changes its privacy practices, an updated version of this Privacy Policy will reflect those changes and we will notify you of such changes by updating the effective date at the top of this Privacy Policy. Without prejudice to your rights under applicable law, BESINS reserves the right to amend this Privacy Policy from time to time to reflect technological advancements, legal and regulatory changes and good business practices.

BHUK/2016/309. Date of preparation July 2016

COOKIES POLICY                                                                                                       

1. What is a cookie?

A cookie is a small piece of data sent from a website and stored in your web browser while you are browsing. The cookie allows the website to “remember” your actions or preference for a certain period of time.

2. Some types of cookies

Some cookies, known as “session cookies”, exist only in temporary memory while you navigate the website, and are deleted when you close your browser. Others cookies, known as “persistent cookies” remain on your device until they expire or until you delete them. These persistent cookies enable certain information about your use to be recalled when you return to the website.

First-party cookies” match the domain that is shown in your browser’s address bar. “Third-party cookies” are placed by a website from a domain other than the one you are visiting.

3. Use of Cookies

On this website, Besins Healthcare (UK) Ltd and its affiliates (hereinafter “BESINS”) use session cookies, persistent cookies, first-party cookies and third-party cookies. When browsing this website, you accept by default that BESINS installs cookies on your browser.

However, you can set your browser to refuse or remove them, if you wish. We suggest that you type “cookies” in your browser’s help section to access the setup instructions for more information about how to proceed.

Please note that if you have chosen the option for your browser not to accept such cookies, you will not benefit from the features offered by such cookies.

4. Cookies used on this website

_ga (Google analytics). This is a third party cookie that tracks users to the website. Expiration Time: 2 years.

_gat (Google analytics). The _gat global object is a third-party cookie used to create and retrieve tracker objects, from which all other methods are invoked. Used to throttle request rate. Expiration Time: 10 minutes.

_verifiedHuman (Wordfence). This is a third party security cookie used to protect the site against attackers by checking if people behave like robots or like people. Expiration Time: 30 days.

wfvt_800342983 (Wordfence). This is a third party cookie used to track users for the duration of their visit so that we can group their page views together. Expires when user exits the site.

BHUK/2016/308. Date of preparation July 2016