Prestige Brands (UK) Limited
Last revised July 31, 2020
Prestige Brands (UK) Limited (“Prestige Brands” or “we” or “our” or “us”) and each of its affiliates and subsidiaries (collectively, the “Prestige Brands Group”) is committed to respecting your privacy. This Privacy Statement describes to users of the website [INSERT HYPERLINK TO PB UK WEBSITE HERE] (our “Website”) how Prestige Brands, as Controller (within the meaning of the General Data Protection Regulation (referred to herein as “GDPR”), collects and processes personal data and other information of such users in connection with their use of our Website. Please read this Privacy Statement carefully, and if you do not agree with our policies and practices, your choice is to not use our Website. By accessing or using our Website, you agree to this Privacy Statement. This Privacy Statement may change from time to time and note that your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check back periodically. Please also note that for other Prestige Brands Group websites, other privacy terms and information may apply. This Privacy Statement is not intended to and does not create any contractual or other legal right in or on behalf of any party. This Privacy Statement does not apply to third-party sites which may be linked to from our Website. All capitalized terms in this Privacy Statement, if not otherwise defined, have the same meaning as defined in the GDPR
CONTENT OF THIS PRIVACY STATMENT:
- Categories of Personal Data, Processing Purposes and Legal Basis for Processing
- Consequences of Not Providing Your Data
- Categories of Recipients and International Transfers
- Applicable Retention Periods
- Your Rights as to Personal Data
- Cookies and Other Tracking Technologies
- Questions and Contact Information
- Categories of Personal Data, Processing Purposes and Legal Basis for Processing – What Personal Data do we process about you and why?
- If you visit our Website and create an account on our Website, you will be required to provide the following personal data constituting account data: user ID, password, email address, name, address, information about your age, (and may be asked to provide information about your business or occupation and why you are interested in our Website and communicating with us). The purposes for collecting such personal data is to use for account administration and security, response to your inquiries and/or information requests, providing you with marketing materials and information to the extent permitted by applicable law, whilst ensuring and maintaining the user-friendly quality of our Website (including timely delivery of information to meet your needs). The legal bases for processing this information is that it is necessary for the: (a) purposes of legitimate business interests, except where such interests are overridden by the interests or fundamental rights and freedoms of a data subject (user of our Website) which require protection of personal data pursuant to GDPR (Art. 6(1)(f)). Such interests are to create and administer your account as requested by you, as well as to achieve other purposes set forth below. Additional information may be requested by contacting us using the details set forth below; and/or (b) performance of a contract to which you are a party or in order to take steps pursuant to your request prior to entering into a contract pursuant to GDPR (Art. 6(1)(a)); and/or (c) compliance with a legal obligation to which we are subject GDPR (Art. 6(1)(c)).
- If you participate in surveys or contests through our Website, we collect and process the following personal data about you: email address, name, address, information about your business or occupation, feedback to the survey or contest or other information provided in connection with the contest, and additional demographic information. The purposes for collecting such personal data is to use for effecting the survey or contest, informing the winner(s), delivering the prize(s), analysing your interest (for marketing purposes, improving our products and assessing interest, demand). The legal bases for processing this information is that it is necessary for the: (a) purposes of legitimate business interests, except where such interests are overridden by the interests or fundamental rights and freedoms of a data subject (user of our Website) which require protection of personal data pursuant to GDPR (Art. 6(1)(f)). Such interests are to create and administer your account as requested by you, as well as to achieve other purposes set forth below. Additional information may be requested by contacting us using the details set forth below; and/or (b) compliance with a legal obligation to which we are subject GDPR (Art. 6(1)(c)). Additionally, there is a legal basis based on that you have given your consent to the processing of your personal data for one or more specific purposes (i.e. the survey or contest) GDPR (Art. 6(1)(a)).
- Consequences of Not Providing Your Data
Upon visiting our Website, it is necessary for you to provide your personal data to enter into a contract with us or to receive marketing, information, and/or other responses to your requests. Where the provision of your personal data is voluntary and you do not provide your personal data, you may not then be able to receive such marketing, information and/or other responses to your requests. However, unless otherwise specifically required, not providing your personal data will not result in any legal consequences to or for you.
- Categories of Recipients and International Transfers
Your personal data may be transferred by us to the following parties for the processing purposes.
- The Prestige Brands Group: our parent entity, Prestige Consumer Healthcare Company Inc., in the USA and each of its affiliates and subsidiaries within the global Prestige Brands Group may receive your personal data as necessary for the processing purposes described above. Depending on the categories of personal data and the purposes for which the personal data has been collected, different internal departments within Prestige Brands may receive your personal data. For example, our IT department has access to your account data, and our Marketing and/or Medical Affairs departments may have access to your data relating to an inquiry in order to respond to it. Moreover, other of our internal departments may have access to certain personal data about you on a need to know basis, such as the Legal department or the Finance department.
- Data Processors: our Website requires certain third party service providers to support its information technology (“IT”), who will receive and process your personal data as directed by us (referred to as “Processors”) as necessary for the processing purposes described herein. Processors may include service providers such as IT support, customer care, medical affairs, and marketing. We ensure that such Processors are subject to data privacy addendum agreements that include contractual obligations of such Processors: (a) to implement and maintain appropriate technical and organizational measures to ensure data security and safeguard your personal data; and (b) to process only such personal data as instructed by us.
- Other Recipients in compliance with applicable data protection laws and regulations: we may transfer your personal data to law enforcement agencies, governmental authorities, judicial bodies, legal counsel, consultants and business associates. In the case of a corporate merger or acquisition, personal data may only be transferred by us to third parties involved in such transaction and only under strict agreement of confidentiality. Any other disclosure of your personal data shall only be done by us with your permission, and only as permitted by applicable law.
- International Transfers. We ensure that the personal data of EU residents within the EU will not be transferred outside the European Economic Area (“EEA”) without a data protection addendum contract in place by an between us and the processor (recipient) which includes not only the processor’s implementation of appropriate technical and organizational measures, but also includes the Standard Contractual Clauses (“SCCs”) for purposes of GDPR Art. 26(2). Further, we are committed to comply with the Court of Justice of the European Union (“CJEU”) holding in in Case C-311/18 Data Protection Commission vs. Facebook Ireland and Maximillian Schrems (“Schrems II”) and will continue to monitor each recipient’s ability to comply with the SCCs, making sure we take all necessary measures to ensure that transfers outside of the EEA are adequately protected.
- Applicable Retention Periods
We do not keep your personal data any longer than is necessary to provide you with the information, services and/or responses you have requested. Upon your termination of the relationship with us. Once you have terminated your account with us or otherwise end your relationship, we will remove your personal data and/or properly anonymize it so that you can no longer be identified from it (unless there is some other GDPR basis for longer retention or other compliance obligation to which we are subject GDPR (Art. 6(1)(c)). Additionally, we will retain your contact information in order to continue to send you marketing materials and offers, as only may be allowable by applicable law. As to any personal data in connection with a contractual relationship, your data will be maintained on a need to know basis after the termination of such contractual relationship and only retained as necessary to comply with applicable laws or in defence of a claim.
- Your Rights as to Personal Data
You have the following rights which you may exercise by using the contact information as set forth below:
- Right to withdraw your consent. You can withdraw your consent to our processing of your personal data at any time.
- Right to request access to your personal data. You can request that we confirm whether or not your personal data is being processed and if we are, the you have the right to request access to such personal data, including a listing of the categories of personal data, the categories of recipients of it, and the right to obtain a copy free of charge. However, please note that there may be other bases under GDPR that may restrict this right to access your personal data.
- Right to request rectification of your personal data. You have the right to have any incomplete or incorrect personal data completed or corrected.
- Right to request erasure (right to be forgotten). You have the right to obtain from us the erasure of your personal data and (depending on the basis for processing), we may be obliged to erase such personal data.
- Right to request restriction of processing. You have the right to obtain from a us a statement that we may be obligated to restrict the processing of your personal data, unless there is a basis overriding such restriction pursuant to GDPR.
- Right to request data portability. You have the right to receive your personal data which you have provided to us in a structured, commonly used and readable format. Further you have the right to transmit such personal data to another entity without any hindrance from us, where our processing is carried out by automated means and is based on consent pursuant to GDPR Art. 6(1)(a).
- Right to object. You have the right to object, under certain circumstances, to our processing of your personal data, unless there in an overriding basis for such processing pursuant to GDPR. If your objection is not overridden by applicable law, your personal data will no longer be processed for such purposes by us.
- Right to lodge a complaint. You have the right to lodge a complaint with the competent data protection supervisory authority in the relevant Member State found here: https://edpb.europa.eu/about-edpb/board/members_en.
- 6. Cookies and Other Tracking Technologies
- Contact and Other Information
If you have any questions about this Privacy Statement, you want to exercise your rights as stated above, or you have any concern about your privacy in connection with this policy, please send us a thorough description of your concern to and contact us at: Prestige Brands (UK) Limited, Clockhouse Court, 5-7 London Road, St. Albans, AL1 1LA; visit our Contact Us page and send us an e-mail; or send an e-mail to: Privacy@PrestigeBrands.com.
Privacy Notice For Pharmacovigilance (Drug Safety) and Medical Information
Purposes and legal basis for processing – Pharmacovigilance
Any personal data provided to Prestige Brands related to adverse events or other activities related to pharmacovigilance (drug safety) will be used solely for these purposes. This information is very important for public health and will be used for the detection, assessment, understanding and prevention of adverse effects or any other medicine-related problem.
We collect and process your data for these purposes in order to comply with our legal obligations (Article 6(1)(c) of the GDPR). We may also be required to report the data to regulatory authorities. Your data will not be used for any other purposes.
Purposes and legal basis for processing – Medical Inquiries
Any personal data provided to Prestige Brands related to a medical inquiry may be used to answer the inquiry, follow up on such requests and maintain the information in a Medical Information database for reference. Where required by law (such as for pharmacovigilance (drug safety)), we may also be required to report the data to regulatory authorities. Your data will not be used for any other purposes.
We collect and process your data to respond to your inquiries based on legitimate interests (Article 6 (1)(f)) and, where applicable, your consent (Article 6(1)(a)). If reporting of adverse event is required, your data may be processed to comply with Prestige Brands’ legal pharmacovigilance (GVP) obligations (Article 6(1)(c)).
Categories of personal data processed
The type of information that we collect from you will depend on the data subject and the type of processing activity:
- Pharmacovigilance (drug safety): We collect the name, contact details, and affiliations/profession of the reporting individual. We may collect some additional personal data related to health and medical history of the individual experiencing an adverse event if required for processing of adverse event for pharmacovigilance purposes.
- Medical Inquiries: We may collect the name, contact details and affiliation/profession of the individual making the inquiry.
Recipients of your personal data
Prestige Brands may share the data you provided to us among Prestige Brands’ affiliates, business partners and service providers, where required to operate Prestige Brands’ global pharmacovigilance database and fulfill obligation of pharmacovigilance legislation.
Prestige Brands is also obliged to report certain pharmacovigilance and product relevant information to Health Authorities worldwide, including those with different level of data protection compared to EU. The reports contain details about the incident but will only contain limited personal data:
- Patients: Information as provided, including age or date/year of birth (where permitted by regulations) and gender (note that patient name will never be provided);
- Reporting Individuals: Information as provided to allow the regulatory authority to follow up with the reporting individual, including name, profession, initials, address, email, phone number.
Additional information in case your data is covered by GDPR
It is possible that in the exchange of data within the Prestige Brands’ affiliate entities, business partners and service providers, your personal data may be transferred to countries that do not provide the same level of protection as your own. In this case, contracts containing the EU Standard Contractual Clauses according to EU Commission decisions of 27 December 2004 (2004/915/EC) and 05 February 2010 (C(2010) 593) constitute appropriate and suitable safeguards to ensure compliance with GDPR.
As information related to pharmacovigilance (reports about adverse events) are important for public health reasons, reports are kept for minimum of 10 years after the withdrawal of the product in the last country where the product is marketed. Personal data retained as part of a medical information inquiry are kept for minimum of 10 and maximum of 15 years after receipt.
Information about your rights
If your personal data is covered by GDPR, please note that you have the right to request from Prestige Brands information on which personal data we store and the purpose for which we process them. You can also request access to and rectification of your personal data as well as the right to data portability, if applicable (which means if the legal basis for collecting your data is consent). Erasure or restriction of processing is only possible if and to the extent the processing of personal data is based on consent or legitimate interest. Please note that due to our legal obligations for on pharmacovigilance legislation, Prestige Brands may not be able to erase or restrict processing of your data if processed for pharmacovigilance.
If data processing is based on consent, kindly note that you have the right to withdraw your consent at any time, however, without affecting the lawfulness of processing based on consent before its withdrawal. If you would like to contact us to exercise your right to withdraw consent, please see find our contact details in the section “Identity and contact details of the data controller” below.
To prevent your data from being entered into our systems again after your request for erasure, in your interest and for us to comply with GDPR, we may keep your name and e-mail address with a flag “Don’t contact anymore” in our systems.
In the event you have the impression that our data processing is non-compliant with GDPR, you are entitled to lodge a complaint with the responsible supervisory authority.
Identity and contact details of the data controller
Prestige Brands (UK) Limited, Clockhouse Court, 5-7 London Road, St. Albans, AL1 1LA, United Kingdom; email: Privacy@PrestigeBrands.com (“Prestige Brands”) is the data controller.
Please direct any questions and requests related to this information to Privacy@PrestigeBrands.com.
The Company may revise this Agreement at any time without notice by updating this posting. By using the Site you agree to be bound by any such revisions and should therefore periodically visit the Site and page to determine the then current terms and conditions of access and use to which you are bound. Any new Materials (as defined below) or features on the Site shall be subject to this Agreement. Company may add, change, discontinue, remove or suspend any Materials posted on the Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Please read the Company Privacy Statement, which is incorporated herein by reference and may be accessed by clicking on the following link: [INSERT HYPERLINK TO THE PRIVACY STATEMENT]. By using the Site, you agree to be legally bound by the Company Privacy Statement, which discusses and governs Company’s collection and use of any information you submit to the Company online.
SITE USE RESTRICTIONS
Copyright. All Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links, and other files and the selection and arrangement thereof (“Materials”) are copyrighted materials of Prestige Consumer Healthcare, Inc. or any of its subsidiaries, as applicable, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the Materials on the Site for personal, noncommercial use only; provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any Materials on the Site for commercial use without prior written approval of Company. You may not “mirror” any Materials contained on the Site on any other server without prior written permission from Company. Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks. The trademarks, service marks, trade names, trade dress and logos (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of Company or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are Trademarks of Company or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the Trademark owner. You acknowledge that the Trademarks used and displayed on the Site are and shall remain the sole property of Company or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark used or displayed on the Site, without the express written permission of Company or the Trademark owner. The misuse of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited.
Hyperlinks and Framing. You are granted a limited, nonexclusive right to create a “hypertext” link to the Site provided that such link is to the entry page of the Site and does not portray Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page, without Company’s express written consent.
Downloadable Materials. Any software, including codes or other materials that are made available to download from the Site, is the copyrighted work of Company and/or its licensors, suppliers and affiliates. If you download software from the Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Company in the case of codes or other downloadable materials.
Limited Access. Except as otherwise expressly permitted by Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purpose is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the webpages on the Site or the content contained therein without Company’s express, prior written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure.
Additional Use Restrictions. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by Company (the “Services”) which, in the sole judgment of the Company: (i) is in violation of any applicable local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the Services. In addition, you may only use the Services in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact Company at webmaster@PrestigeBrands.com.
By way of example, and not limitation, the uses of the Services described below are expressly prohibited:
- upload, post, e-mail, or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere;
- harm or attempt to harm minors in any way;
- impersonate any person or entity, including, but not limited to, Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- upload, post, e-mail, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information) learned or disclosed as part of employment relationships or under nondisclosure agreements;
- upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity;
- upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Services, if any, that are designated for such purpose;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. You shall be responsible for determining what laws or regulations are applicable to your use of the Services;
- “stalk” or otherwise harass another Person;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;
- effect security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access;
- restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; and
- assist any third party in engaging in any activity prohibited in this Agreement.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Company is done so at your risk.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links to third party websites. These links are provided solely as a convenience to you. If you use these links, you will leave the Site. Company has not reviewed all of these third party websites and does not control and is not responsible for any of these websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
ACCESS BY CHILDREN
Use of the Site by any child under the age of 13 is prohibited. If you are a parent or legal guardian of a child under the age of 13 and you believe that we have unknowingly received information concerning your child, please contact us at webmaster@PrestigeBrands.com to discuss the deletion of that information.
DISCLAIMER OF WARRANTY
THIS DISCLAIMER OF WARRANTY (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE SITE. COMPANY IS NOT OFFERING THE SITE, IN WHOLE OR IN PART, FOR SALE TO YOU. THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THE SITE IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THE SITE IS PROVIDED FOR FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ANY PERSON AND/OR ENTITY AFFILIATED OR ASSOCIATED WITH THE COMPANY, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY OTHER SITES LINKED TO THE SITE. THE MATERIALS OF THE SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THE SITE. COMPANY DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. COMPANY DOES NOT WARRANT THAT THE SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION SET FORTH HEREIN.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. You agree that our sole obligation to you is to provide the Site as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional willful misconduct or (b) a violation of a consumer protection statute in connection with the Site, we will not be liable to you or to any third party for your use of the Site.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE CONTENTS OF THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT ON THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS AFFILIATES, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT OR ON THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR REVENUE, LOST BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO THE SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNMENT RESTRICTED RIGHTS
The Materials on the Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the Materials by the government constitutes acknowledgment of Company’s or other owner’s proprietary rights in them.
TRANSMISSIONS ARE NON-CONFIDENTIAL
Any material, information or idea you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
APPLICABLE LAWS & MISCELLANEOUS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
The Site is controlled by Company from its offices within the United Kingdom. Company makes no representation that Materials on the Site are appropriate or available for use in other locations, and access to them from territories where the content is illegal or prohibited. Those who choose to access the Site from other locations do soon their own initiative and are responsible for compliance with applicable local laws.
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of Company. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the United Kingdom for any dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the United Kingdom Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the United Kingdom Courts represent the exclusive jurisdiction for all disputes relating to this Agreement. Company shall be entitled to all reasonable attorneys’ fees and costs in connection with enforcing any provision of this Agreement.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY