Privacy Policy

BIOMEDICAL SYSTEMS CORPORATION
PRIVACY SHIELD/U.S. –SWISS SAFE HARBOR PRIVACY POLICY

Biomedical Systems respects individual privacy and values the confidence of its customers, employees, clinical trial participants, consumers, business partners and others. Not only does Biomedical Systems strive to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, but it also has a tradition of upholding the highest ethical standards in its business practices. This Safe Harbor Privacy Policy (the "Policy") sets forth the privacy principles that Biomedical Systems follows with respect to transfers of personal information from the European Economic Area (EEA) (which includes the fifteen member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) to the United States.This Safe Harbor Privacy Policy (the "Policy") applies to all personal information received by Biomedical Systems in the United States from the European Economic Area, in any format including electronic, paper or verbal.

U.S. SWISS SAFE HARBOR
Biomedical Systems Corporation complies with the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from Switzerland. Biomedical Systems has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Biomedical Systems’ certification, please visit  https://safeharbor.export.gov/swisslist.aspx.

U.S. – EU PRIVACY SHIELD
Biomedical Systems Corporation participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework.  Biomedical Systems is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles.  To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.
Biomedical Systems is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf.  Biomedical Systems complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Biomedical Systems is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.  In certain situations, Biomedical Systems may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.


DEFINITIONS
For purposes of this Policy, the following definitions shall apply: "Agent" means any third party that uses personal information provided by Biomedical Systems to perform tasks on behalf of and under the instructions of Biomedical Systems. "Biomedical Systems" means Biomedical Systems Corporation, its predecessors, successors, subsidiaries, divisions and groups. "Personal information" means any information or set of information that identifies or could be used by or on behalf of Biomedical Systems to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information. "Sensitive personal information" means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, Biomedical Systems will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.

PRIVACY PRINCIPLES
The privacy principles in this Policy are based on the Safe Harbor Principles. 
1. NOTICE: Where Biomedical Systems collects personal information directly from individuals in the EEA, it will inform them about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which Biomedical Systems discloses that information, and the choices and means, if any, Biomedical Systems offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Biomedical Systems, or as soon as practicable thereafter, and in any event before Biomedical Systems uses the information for a purpose other than that for which it was originally collected. Where Biomedical Systems receives personal information from its subsidiaries, affiliates or other entities in the EEA, it will use such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
2. CHOICE: Biomedical Systems will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For sensitive personal information, Biomedical Systems will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Biomedical Systems will provide individuals with reasonable mechanisms to exercise their choices.
3. ONWARD TRANSFERS TO AGENTS: Biomedical Systems will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding (e.g., companies located in Hungary and Switzerland). Where Biomedical Systems has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Biomedical Systems will take reasonable steps to prevent or stop the use or disclosure.
4. SECURITY: Biomedical Systems will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
5. DATA INTEGRITY: Biomedical Systems will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Biomedical Systems will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
6. ACCESS: Upon request, Biomedical Systems will grant individuals reasonable access to personal information that it holds about them. In addition, Biomedical Systems will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
7. ENFORCEMENT: Biomedical Systems will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Biomedical Systems determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

COLLECTION
We may collect the following personal information from you:  

  • Contact Information, such as name, email address, mailing address, phone number, and/or fax number;
  • Unique Identifiers, such as username, account number or password;
  • Health or Medical Information, such as prescription information;

Passive Collection
As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.
Tracking Technologies

Biomedical Systems and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.   To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html
USE:
We may use this information to:

  • Respond to customer service requests
  • Administer your account
  • Respond to your questions and concerns
  • Improve our website and marketing efforts
  • Conduct research and analysis

SHARING WITH SERVICE PROVIDERS
We may share your information with third parties who provide services on our behalf to help with our business activities.  These companies are authorized to use your personal information only as necessary to provide these services to us.  
These services may include:

  • Providing customer service
  • Conducting research and analysis
  • Providing cloud computing infrastructure
  • Providing employment services and resume collection

LEGAL NOTICE
In certain situations, Biomedical Systems may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. If Biomedical Systems is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information. We may also disclose your personal information to any other third party with your prior consent.

SECURITY
The security of your personal information is important to us.  We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at privacy_office@biomedsys.com.  

We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.  

ACCESS
Upon request Biomedical Systems will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by contacting us at Biomedical Systems.  We will respond to your request within a reasonable timeframe.  

In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.

CHOICE
You may sign-up to receive [email or newsletter or other communications from us].  If you would like to discontinue receiving this information, you may update your email preferences by [using the “Unsubscribe” link found in emails we send to you or at your member profile on our website or by contacting us at privacy@company.com].

LINKS TO THIRD PARTY WEBSITES
Our website includes links to other websites whose privacy practices may differ from those of Biomedical Systems. If you submit personal information to any of those websites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

DISPUTE RESOLUTION:
Any questions or concerns regarding the use or disclosure of personal information should be directed to the Biomedical Systems Privacy Office at the address given below. Biomedical Systems will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Biomedical Systems and the complainant, Biomedical Systems has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles. 
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.  
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

CONTACT INFORMATION
Questions or comments regarding this Policy should be submitted to the Biomedical Systems Privacy Office by mail or e-mail as follows:
Biomedical Systems Privacy Office
Biomedical Systems Corp.
77 Progress Parkway.
Maryland Heights, MO 63043
privacy_office@biomedsys.com

CHANGES TO THIS SAFE HARBOR PRIVACY POLICY
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. If any material changes are made, Biomedical Systems will notify you by means of a notice on this website prior to the change becoming effective.


EFFECTIVE DATE: September 30, 2016