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Legal Terms of Use Privacy Policy This Policy outlines the continued commitment of Alcon Canada to safeguarding the privacy of personal information supplied to us by our clients, prospective clients, employees of such clients and the general public, and the rights of these groups regarding the personal information supplied to us. It covers personal information supplied to us directly by the groups mentioned above. It governs all branches of Alcon Canada, and applies to all our employees who deal with the personal information of clients, prospective clients and the general public. The contents of this policy also fully comply with the Federal Personal Information Protection and Electronic Documents Act, which applies to the personal information collected, used or disclosed in connection with commercial activities as of January 1, 2004, and all applicable provincial privacy legislation. Accountability Alcon Canada is responsible for personal information under its control, and we have designated a Privacy Officer who is responsible for ensuring the company's compliance with this Policy. Information regarding how to contact Alcon Canada's Privacy Officer can be found under "Openness Concerning Policies and Practices" below. Identifying Purposes Alcon Canada will only use personal information collected from clients, prospective clients, employees of such clients and the general public to process orders and credit applications, to reply to requests and inquiries, to process meeting registrations, to administer contests, to conduct statistical evaluations of and ensure the proper operation of our Web site, and to improve our products and services, unless we obtain specific permission to use that personal information for other purposes. If prospective clients, employees of such clients and the general public do not wish to receive general e-mails or communications from our office, we will discontinue the communications on request. Obtaining Consent for the Collection, Use and Disclosure of Personal Information Except where inappropriate (for example, where required by law or court order or to cooperate in a criminal investigation), Alcon Canada requires the knowledge and consent of clients, prospects and the general public to the collection, use and disclosure of personal information provided to us. Alcon Canada may store some personal information on your computer in the form of "cookies" when you view our Web site, www.alcon.ca, or on-line advertisements and/or promotions. This information, which is stored on your computer's hard drive, does not contain any personally identifiable information, and most Internet browsers will allow you to erase or block all cookies, or receive a warning before a cookie is stored. Alcon Canada may disclose personal information to third parties without consent as required by law or court order, to cooperate in a criminal investigation, or to enforce or protect our property or contractual rights. Limiting Collection of Personal Information The personal information collected by Alcon Canada will be limited to that which is necessary to respond to requests, to provide information about our company and our services and to provide services to our clients. All personal information collected for these purposes directly by us shall be collected by fair and lawful means. It is the responsibility of clients utilizing our services to follow fair and lawful means in collecting personal information that they collect and provide to us. Limiting Use, Disclosure and Retention of Personal Information Alcon Canada will retain personal information we receive only for as long as is required to fulfill the purposes for which it was collected or as required by law. We do not sell or share personal information with parties outside of Alcon Canada, with the following exceptions: to conduct credit checks; to administer contests; for event registrations; and for customer surveys and market research. Any data collected by Alcon Canada may be transferred internationally throughout Alcon Labs1 , but only for internal purposes. By submitting personal information to Alcon Canada electronically, we assume that explicit consent is provided to this trans-border transmission of data for these purposes.Accuracy of Personal Information Alcon Canada assumes that the personal information provided by clients, prospective clients, employees of such clients and the general public for the purposes identified in this Policy is accurate. However, we will ensure that the personal information we receive is as complete and up-to-date as necessary for the purposes for which it is to be used. We will permit clients, prospective clients and the general public to review, correct or update their personal information. The personal information we receive will also be verified subject to applicable professional standards and practices. Access to Personal Information Following the receipt of a written request from an individual for access, our Privacy Officer will, within a reasonable time, respond to the request advising what personal information we have, the purposes for which it is being used, and to whom it has been disclosed. In certain situations, access may not be provided to all the personal information Alcon Canada possesses about an individual. If this is the case, our Privacy Officer will advise the individual of the reasons for this lack of access and any recourse the individual may have, except where prohibited by law. Information regarding how to contact Alcon Canada's Privacy Officer can be found under "Openness Concerning Policies and Practices" below. Security Safeguards To prevent unauthorized access, to maintain data accuracy, and to ensure the correct use of personal information, Alcon Canada has implemented appropriate physical, electronic and managerial procedures. These procedures are designed to safeguard and secure the information we collect from clients, prospective clients, employees of such clients and the general public from loss, misuse, unauthorized alteration or unintentional destruction. Openness Concerning Policies and Practices
Additional information about Alcon Canada's privacy policies and practices can be obtained by contacting our Privacy Officer at the address below, or by e-mail at Privacy Officer
Alcon Canada Inc. Our Privacy Officer has ultimate responsibility for Alcon Canada's compliance with this policy and with applicable privacy legislation. Challenging Compliance Any complaints or concerns about the treatment of personal information by Alcon Canada, should be addressed, in writing, to our Privacy Officer.
Privacy Officer A response will be provided within 30 days of our receipt of written notification of the complaint or concern. If matters are not satisfactorily resolved, a complaint may be filed with the Privacy Commissioner of Canada at the address below, or with the appropriate provincial privacy authority.
Privacy Commissioner of Canada 1. As used in this Policy, "Alcon Labs" means, collectively, Alcon Laboratories Inc. and all of its subsidiaries and affiliates with respect to their worldwide operations 1. Acceptance of Terms the following legally binding terms, conditions and notices contained or referenced herein (COLLECTIVELY the "Terms of Use"), govern YOUR ACCESS TO AND use of THIS Web site AND ANY INFORMATION, DATA OR CONTENT ON THIS WEB SITE (COLLECTIVELY THE "WEB SITE"). please read the terms of use carefully. By using this site, you signify your acceptance of, and agreement to be legally bound by, the Terms of Use. If you do not agree to all of these Terms of Use, please do not use this site. We reserve the right, at our sole discretion, to update or revise the Terms of Use, so please check back periodically for changes. Your continued use of this Web Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes. 2. Overview This Web Site is designed to provide general information about Alcon Canada Inc., its affiliates (collectively "Alcon") and their products and services. Nothing contained on this Web Site is intended to be relied upon or to be interpreted as medical advice, a recommendation for any specific treatment of illness or disease, product or course of action, or to be a substitute for professional medical advice, diagnosis or treatment. Questions pertaining to your medical condition and appropriate treatment should be directed to your physician or other healthcare professional. You should never disregard professional medical advice or delay in seeking it because of something you have read on this Web Site. In addition, nothing presented on this Web Site is intended to provide instructions on the use of the products supplied by Alcon. For specific information and instruction relative to Alcon's products and services, please refer to the Directions for Use supplied with all Alcon products. 3. Alcon's Privacy Policy Personal information you provide through this Web Site or by e-mail is subject to Alcon's Privacy Policy. For information about Alcon's Privacy Policy, click here. In addition, with respect to non-personal information, if you give any ideas or submissions ("Submission") to Alcon, it shall be deemed that the content is not confidential. Alcon shall be free to use any ideas, concepts, know-how, techniques or any intellectual property contained in your Submission for any purpose and to reproduce and disclose the information to third parties without limitation. 4. Government Regulations Alcon offers products to prevent and treat diseases of the head and neck, principally the eye, ear and nose. Its medical, including non-prescription, products used by healthcare professionals are regulated by government agencies in each of the countries in which it does business, such as the Food and Drug Administration of the United States, or Health Canada in Canada. These agencies issue regulations that restrict the prescribing information that can be disclosed to the public. This Web Site contains information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing contained on this Web Site should be construed as an endorsement, promotion or solicitation for any product or procedure for the use of any product or procedure in a particular way which is not authorized by any referent law or regulation. Specific questions about the availability and use of products described on this Web Site should be directed to your local Alcon representative. 5. Links to Third-Party Sites This Web Site may contain links to other web sites ("Linked Sites"). Alcon is not responsible for the contents of any Linked Site that is not under Alcon's control, including, without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Alcon is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by Alcon in favor of any company offering products or services on the Linked Site. You should read any terms of use applicable to Linked Sites and should govern yourself accordingly. 6. No Unlawful or Prohibited Use As a condition of your use of this Web Site, you represent, warrant and covenant that you will not use this Web Site for any purpose that is unlawful or prohibited by the Terms of Use. You will not use this Web Site in any manner that could damage, disable, overburden, or impair the Web Site or any user of the Web Site, or interfere with any other party's use of the Web Site. You also agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. 7. Intellectual Property Rights You acknowledge that all intellectual property rights, including without limitation, copyright rights in this Web Site, including without limitation, in the text, images, photographs, graphics, user interface, data and other content provided on this Web Site (collectively, "Content"), and the selection, coordination, and arrangement of such Content, are owned by Alcon or its third-party licensors and are subject to protection under the United States, Canadian and international intellectual property laws. You are prohibited from copying (except as set out in the license below), modifying, distributing, displaying, performing, publishing, making, selling, licensing, translating, making available to a third party, hosting, or transmitting any of the Content for any purposes. Except for the license expressly set out below, nothing stated or implied on this Web Site or in these Terms of Use confers on you any title, license, interest or right with respect to the Web Site or Content. This Web Site and the information contained in reference herein are for informational purposes only. Any reproduction or copying of any materials or design elements of this Web Site is strictly prohibited, without the prior written consent of Alcon. Requests for permission to reproduce any information contained on this Web Site should be addressed to Alcon Canada Inc, 2665 Meadowpine Blvd, Mississauga, Ontario L5N 8C7. Alcon licenses you the non-exclusive, non-transferable, non-sublicenseable, non-assignable right to make one (1) electronic copy on your personal computer, or one (1) paper copy, of the information posted on any page on this Web Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any copyright notices, trade-mark notices, service marks, and other proprietary notices and legends contained on the Web Site are not removed or modified. Use of Content from this Web Site to create or compile, directly or indirectly, a collection, compilation, derivative work, translation, database or directory, or frame, embed, link or post the Content on another web site without written permission of Alcon is prohibited. 8. Notice of Copyright Infringement Notice of claims of copyright infringement on the site may be sent to:
Alcon Laboratories, Inc. Alcon will endeavor to remove in a timely manner any posted submission which infringes the copyright of any person. 9. Trade and Service Mark Rights All rights in the product names, trade-marks, company names, trade names, logos, product packaging and designs of all Alcon or third-party products or services, whether or not appearing in large print or with the trade-mark symbol, belong exclusively to Alcon or their respective owners, and are protected from reproduction, imitation, depreciation of goodwill, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trade-marks or any materials, except as expressly permitted in these Terms of Use, is expressly prohibited and nothing stated or implied on this Web Site confers on you any title, license, interest or right with respect to any patent or trade-mark of Alcon or any third party. 10. Disclaimer of Representations, Warranties and Conditions This Web Site and all materials, information, products and services included in or available through this Web Site are provided "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, UNINTERRUPTED OR ERROR-FREE OPERATION, COMPLETENESS, CURRENCY, RELIABILITY, LEGALITY, SUITABILITY, PRIVACY, TIMELINESS OR NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. Alcon has made and will continue to make diligent efforts to include accurate and up-to-date information on this Web Site. However, Alcon makes no warranties, conditions or representations, express or implied, that the information contained or referenced in this Web Site is accurate, reliable or correct; that this Web Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Web Site is secure, confidential, free of viruses or other harmful components. You agree that all access and use of this Web Site and on any web site linked to this Web Site and/or the contents thereof are at your own risk. To the extent that an applicable jurisdiction does not permit the exclusion of certain warranties and conditions, those specific exclusions may not apply to you. 11. Limitation of Liability Neither Alcon, its directors, officers, agents or employees, nor any party involved in creating, producing or delivering this Web Site, or any Linked Site, shall be liable in any manner whatsoever for any personal injury, incidental, consequential, special, indirect or punitive damages arising out of your access, use or inability to use this Web Site or any web site linked to this Web Site, or any errors or omissions in the Content thereof. Alcon reserves the right to alter the Content of this Web Site in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. In addition, Alcon expressly disclaims any and all liability related to, arising from, or connected with a linked third party web site or accessing or using the Web Site in jurisdictions where it may be illegal or prohibited. Subject to the foregoing, Alcon's and its directors', officers', agents' and employees' and any party involved in creating, producing or delivering this Web Site or any linked sites, maximum cumulative liability for damages is $1.00 (Cdn). These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Alcon has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental, special or consequential damages, Alcon's liability in such jurisdictions shall be limited to the extent permitted by law. 12. Indemnification Upon request by Alcon, you agree to defend, indemnify and hold harmless Alcon and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable legal and other fees and disbursements, made by any third party due to or arising out of content you submit, post to or transmit through this Web Site, your use of the Web Site, your violation of these Terms of Use or your violation of any rights of another. 13. Choice of Law and Forum These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of law rules. You and Alcon expressly agree to submit to the exclusive jurisdiction and venue of the courts in Toronto Ontario, in all disputes arising out of or relating to the use of this Web Site. 14. Entire Agreement and Integration Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Alcon and govern your use of, and access to, this Web Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Alcon in respect thereof. If any portion of this Terms of Use statement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. 15. No Waiver The failure of Alcon to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any other provisions of these Terms of Use or to act with respect to similar breaches. 16. Miscellaneous You agree that no joint venture, partnership, employment, or agency relationship will exist between you and Alcon as a result of these Terms of Use or your use of this Web Site. Nothing contained in these Terms of Use is in derogation of Alcon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Alcon with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 17. Termination Without prejudice to any other rights or remedies available to Alcon, Alcon reserves the right, in its sole discretion, to terminate your access to all or part of this Web Site and these Terms of Use, with or without notice or cause. Sections 5, 7 and 9-17 inclusive shall survive any such termination.  | ||||
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