Website Usage & Legal Information

BAYLIS MEDICAL COMPANY INC. PRIVACY STATEMENT

 

FOR EUROPEAN ECONOMIC AREA (EEA) RESIDENTS ONLY

This Privacy Statement was last revised on May 24, 2018. We may change this Privacy Statement at any time and for any reason. The current Privacy Statement will always be posted on this webpage. Significant changes to the Privacy Statement are discussed below in the Section called "Changes to this Privacy Statement." We encourage you to review this Privacy Statement each time you visit the Website.

At Baylis Medical Company Inc. (“we”, “our”, “us”, “Baylis”), we are committed to protect and respect your privacy in compliance with EU- General Data Protection Regulation (GDPR) 2016/679, dated May 25th 2018. This privacy statement explains when and why we collect personal information, how we use it, the conditions under which we may disclose it to others, and how we keep it secure. This Privacy Statement applies to the use of our products and to our sales, marketing, and customer contract fulfilment activities. It also applies to individuals seeking a job in Baylis.

Baylis is the data controller and our Data Protection Officer can be contacted by email: weblegal@baylismedical.com

 

When do we collect personal data about you?

• When you are using our products.

• When you interact with us in person, through correspondence, by phone, by social media, or through our websites.

• When we collect personal information from other legitimate sources, such as third-party data aggregators, Baylis marketing partners, public sources, or social networks. We only use this data if you have given your consent to these sources to share your personal data with others.

• When there are situations of legitimate interest and this interest is not overridden by your privacy interests.

 

Why do we collect and use personal data?

• We collect and use personal data mainly to perform direct sales, direct marketing, and customer service. We also collect data about suppliers, partners, and persons seeking a job or working in our company.

• We may use your information for the following purposes:

o Send you marketing communications which you have requested. These may include information about our products and services, events, activities, and promotions of our associated partners’ products and services. This communication is subscription based and requires your consent.

• Send you information about the products and services that you have purchased from us.

• Perform direct sales activities in cases where legitimate and mutual interest is established.

• Provide you content and venue details on a webinar or event you signed up for.

• Reply to a ‘Contact me’ or other web forms you have completed on one of our Baylis websites (e.g. to download a whitepaper).

• Follow up on incoming requests (customer support, emails, chats, or phone calls). You can opt out or unsubscribe to any email list at any time by following the instructions at the end of the newsletters or emails you receive. If you have provided more than one email address to us, you may continue to be contacted unless you request to unsubscribe each email address you have provided. Please allow five to ten business days for changes to take effect.

• Provide access to our Contact Us forms.

• Perform contractual obligations such as order confirmation, license details, invoice, reminders, and similar. The contract may be with Baylis directly or with a Baylis partner.

• Notify you about any disruptions to our services (system messages).

• Contact you to conduct surveys about your opinion on our products and services.

• Process a job application.

 

OUR LEGAL BASIS FOR COLLECTING PERSONAL DATA

 

Collecting personal data based on consents

The collection of personal data based on consent from the data subject will be done by using “Consent Forms” that will store documentation related to the consent given by the individual. Individual consents will always be stored and documented in our systems.

Collecting personal data based on contracts

We use personal information for fulfilling our obligations related to contracts and agreements with customers, partners, and suppliers.

Collecting personal data based on legitimate interest

We may use personal data if it is considered to be of legitimate interest, and if the privacy interests of the data subjects do not override this interest. Normally, to establish the legal basis for data collection, an assessment has been made during which a mutual interest between Baylis and the individual person has been identified. This legal basis is primarily related to our sales and marketing purposes. We will always inform individuals about their privacy rights and the purpose for collecting personal data.

 

What type of personal data is collected?

We may collect your name, phone number, title and email address, in addition to your company’s name and contact information. We may also collect feedback, comments and questions received from you in service-related communication and activities, such as meetings, phone calls, documents, and emails. From our websites we may collect your IP-address and actions taken on the site.

If you upload photos or videos, add posts or comments, etc. on our European Union website, the information can be read by anyone with access to the site and used for purposes over which Baylis or you have no control. Therefore, Baylis is not responsible for any information you submit to the European Union website.

If you apply for a job at Baylis, we collect the data you provide during the application process.

Baylis does not collect or process any special categories of personal data, such as public unique identifiers or sensitive personal data. This includes, but is not limited to, race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, and any actual or alleged criminal offences or penalties.

 

How long do we keep your personal data?

We store personal data for as long as we find it necessary to fulfill the purpose for which the personal data was collected, while also considering our need to answer your queries or resolve possible problems, to comply with legal requirements under applicable laws, to attend to any legal claims/complaints, and for safeguarding purposes.

This means that we may retain your personal data for a reasonable period of time after your last interaction with us. When the personal data that we have collected is no longer required, we will delete it in a secure manner. We may process data for statistical purposes, but in such cases, data will be anonymized.

Your rights to your personal data

• You have the following rights with respect to your personal data:

• The right to request a copy of your personal data that Baylis holds about you.

• The right to request that Baylis correct your personal data if inaccurate or out of date.

• The right to request that your personal data be deleted when it is no longer necessary for Baylis to retain such data.

• The right to withdraw any consent to personal data processing at any time. For example, your consent to receive e-marketing communications:

• If you want to withdraw your consent to e-marketing, please make use of the link to manage your subscriptions included in our communication. Please note that you may still receive system messages and administrative communications from Baylis, such as order confirmations, system messages and notifications about your account activities.

• The right to request that Baylis provides you with your personal data and, if possible, to pass on this information directly (in a portable format) to another data controller when the processing is based on consent or contract.

• The right to request a restriction on further data processing, in case there is a dispute in relation to the accuracy or processing of your personal data.

• The right to object to the processing of personal data, in case data processing has been based on legitimate interest and/or direct marketing.

• The right to lodge complaints with supervisory authorities.

Any query about your Privacy Rights should be sent to weblegal@baylismedical.com.

 

The use of cookies and beacons

We use cookies and web beacons (‘Website Navigational Information’) to collect information as you navigate the company’s websites. Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address and the actions you take on the company’s websites, such as the web pages viewed and the links clicked.

This information is used to provide business and marketing information to the owners of the site. Personal data (e.g. browser type, operating system, referring page, path through site, domain of ISP, etc.) are gathered for the purposes of understanding how visitors use a website and make the website more efficient. Cookies and similar technologies help us tailor our website to your personal needs as well as to detect and prevent security threats and abuse. If used alone, cookies and web beacons do not personally identify you.

You may stop or restrict cookies and web beacons on your computer or purge cookies from your browser by adjusting your web browser preferences. Although you may still use the websites, if you “turn off,” purge, or disable cookies or web beacons, you may not be able to use all of the features, functions, or services available on the websites.

Do we share your data with anyone?

We do not share, sell, rent, or trade your information with any third parties without your consent, except for the following:

Third-party Service Providers working on our behalf:

We may pass your information on to our distributors, agents, sub-contractors and other associated organizations with the purpose of them providing services to you on our behalf.

Third-party Product Providers we work in association with:

We work closely with various third-party product providers to bring you a range of products and services designed to meet your extended needs. When you enquire about or purchase one or more of these products, the relevant third-party product provider will use your details to provide you with information and carry out their obligations arising from any contracts you have entered into with them. In some cases, our third-party product providers will be acting as data processors of your information and, therefore, we advise you to read their Privacy Policy and sign a Data Processing Agreement. These third-party product providers will share your information with us, which we will use in accordance with this Privacy Statement.

 

If required by law:

We will disclose your personal information if required by law or if we, as a company, reasonably believe that disclosure is necessary to protect our company’s rights and/or to comply with a judicial proceeding, court order or legal process. However, we will do what we can to ensure that your privacy rights continue to be protected.

Use of sub-contractors (processors and sub-processors)

We may use sub-contractors to process personal data on our behalf. We are responsible for ensuring that they commit themselves to adhere to this Privacy Policy and applicable data protection legislation by signing a Data Processing Agreement.

If the sub-contractor processes personal data outside the EU/EEA area, such processing must be in accordance with the EU Privacy Shield Framework, EU Standard Contractual Clauses for transfer to third countries or another specifically stated lawful basis for the transfer of personal data to a third country.

If a new sub-contractor is signed or a change of sub-contractor is performed related to our online service, the customers will be notified in line with our Terms of Service.

Changes to this Privacy Statement

Baylis reserves the right to amend this Privacy Statement at any time. The applicable version will always be found on our websites. We encourage you to check this Privacy Statement occasionally to ensure that you are happy with any changes.

If we make changes that significantly alter our privacy practices, we will notify you by email or post a notice on our websites prior to the change taking effect.

 

Your right to complain with a supervisory authority

If you are unhappy with the way in which your personal data has been processed, you may, in the first instance, contact weblegal@baylismedical.com.

If you remain dissatisfied, then you have the right to apply directly to your national supervisory authority for a decision. The supervisory authorities can be contacted at:

• Germany:

Each individual German state has a Data Protection Authority which is responsible for the enforcement of data protection laws and competent in respect of data controllers established in the relevant state.

• United Kingdom:

Information Commissioner’s Office (ICO)

ico.org.uk

 

Contact Information

If you have any comments, questions or concerns about any of the information in this Privacy Statement, or any other issues relating to the data processing carried out by us, or on our behalf, please contact:

Baylis Medical UK Ltd.

Croxley Green Business Park

Suite 11, Building 6

Watford, Hertfordshire

WD18 8YH

United Kingdom

Telephone:+44 (0) 1923 634 720

Email: weblegal@baylismedical.com

 

 

WEBSITE TERMS AND CONDITIONS

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

Unless otherwise stated, Baylis Medical Company Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

 

You must not:

 

* republish material from this website (including republication on another website);

* sell, rent or sub-license material from the website;

* show any material from the website in public;

* reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

* redistribute material from this website except for content specifically and expressly made available for redistribution.

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Baylis Medical Company Inc. express written consent.

 

You must not use this website for any purposes related to marketing without Baylis Medical Company Inc. express written consent.

 

Restricted access

 

Access to certain areas of this website is restricted. Baylis Medical Company Inc. reserves the right to restrict access to areas of this website, or indeed this entire website, at Baylis Medical Company Inc. discretion.

 

If Baylis Medical Company Inc. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

 

Baylis Medical Company Inc. may disable your user ID and password in Baylis Medical’s sole discretion without notice or explanation.

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied. Baylis Medical Company Inc. makes no representations or warranties in relation to this website or the information and materials provided on this website.

 

Without prejudice to the generality of the foregoing paragraph, Baylis Medical Company Inc. does not warrant that:

 

* this website will be constantly available, or available at all; or

* the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical (see MEDICAL DISCLAIMER below) matter you should consult an appropriate professional.

 

Limitations of liability

 

Baylis Medical Company Inc. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

* to the extent that the website is provided free-of-charge, for any direct loss;

* for any indirect, special or consequential loss; or

* for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Baylis Medical Company Inc. has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Baylis Medical Company Inc. liability in respect of any:

 

* death or personal injury caused by negligence;

* fraud or fraudulent misrepresentation on the part; or

* matter which it would be illegal or unlawful for to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

You accept that, as a limited liability entity, Baylis Medical Company Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against all officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Baylis Medical Company Inc.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify Baylis Medical Company Inc. and undertake to keep Baylis Medical Company Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Baylis Medical Company Inc. to a third party in settlement of a claim or dispute on the advice of legal advisers) incurred or suffered by Baylis Medical Company Inc. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

 

Without prejudice to Baylis Medical Company Inc.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Baylis Medical Company Inc. may take such action as Baylis Medical Company Inc. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

Baylis Medical Company Inc. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

Baylis Medical Company Inc. may transfer, sub-contract or otherwise deal with Baylis Medical Company Inc. rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and Baylis Medical Company Inc. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

 

 

WEBSITE DISCLAIMER

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied. Baylis Medical Company Inc. makes no representations or warranties in relation to this website or the information and materials provided on this website.

 

Without prejudice to the generality of the foregoing paragraph, Baylis Medical Company Inc. does not warrant that:

 

* this website will be constantly available, or available at all; or

* the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, or medical matter you should consult an appropriate professional.

 

Limitations of liability

 

Baylis Medical Company Inc. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

* [to the extent that the website is provided free-of-charge, for any direct loss;]

* for any indirect, special or consequential loss; or

* for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Baylis Medical Company Inc. has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Baylis Medical Company Inc.’s liability in respect of any:

 

* death or personal injury caused by Baylis Medical Company Inc. negligence;

* fraud or fraudulent misrepresentation on the part of Baylis Medical Company Inc. or

* matter which it would be illegal or unlawful for Baylis Medical Company Inc. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

You accept that, as a limited liability entity, Baylis Medical Company Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Baylis Medical Company Inc. officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Baylis Medical Company Inc. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Baylis Medical Company Inc.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

MEDICAL DISCLAIMER

 

No advice

 

This website contains general information about medical conditions and treatments. The information is not advice, and should not be treated as such.

 

Limitation of warranties

 

The medical information on this website is provided “as is” without any representations or warranties, express or implied. Baylis Medical Company Inc. makes no representations or warranties in relation to the medical information on this website.

 

Without prejudice to the generality of the foregoing paragraph, Baylis Medical Company Inc. does not warrant that:

 

* the medical information on this website will be constantly available, or available at all; or

* the medical information on this website is complete, true, accurate, up-to-date, or non-misleading.

 

Professional assistance

 

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.

 

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.

 

If you think you may be suffering from any medical condition you should seek immediate medical attention.

 

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

 

Liability

 

Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

 

Intellectual Property

 

Baylis Medical Company Inc. reserves the right to change specifications or to incorporate design changes without notice and without incurring any obligation relating to equipment previously manufactured or delivered. TorFlex, NRG, ProTrack, PowerWire, Lev-Or and the Baylis Medical logo are trademarks or registered trademarks of Baylis Medical Company Inc. in the United States of America and/or other countries. All other trademarks are the property of their respective owners.

CAUTION: Federal Law (USA) restricts the use of this device to or by the order of a physician.

Patents Pending and/or issued