Last Revised: September 25, 2019

General

As used in this Privacy Policy, the terms “we”, “us”, “our”, and Trudell means Trudell Medical Limited, and its affiliates, Trudell Medical International, Trudell Medical UK Limited, Trudell Medical Marketing Limited, Monaghan Medical Corporation, Northgate Technologies Inc., NasoNeb, Inc. and ProResp Inc.

We are committed to protecting the security and privacy of all your Personal Information collected by us and under our possession or control and ensuring that we conduct our business in compliance with laws on privacy, data protection and data security. For purposes of this Policy, ”Personal Information” shall mean any information relating to an identified or identifiable natural person. This Privacy Policy describes:

  • what Personal Information we collect about you
  • how we use your Personal Information;
  • on what basis we use your Personal Information;
  • how long we keep your Personal Information;
  • sharing of your Personal Information with others and transferring it internationally;
  • how we protect your Personal Information;
  • your rights regarding your Personal Information; and
  • what to do if you object to the processing of your Personal Information.

This Policy applies only to information we collect, process and use through our websites, including any other website maintained and controlled by us, emails we send, mobile applications or other communication means as identified in this Policy (collectively the “Site”). 

How We Use Information

Data privacy laws set out different reasons for which a company may collect and use your Personal Information.  Such laws include Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and free movement of such data, known as the General Data Protection Regulation (“GDPR”).  Consistent with applicable data privacy laws, we use your Personal Information for the following reasons:

  • For legitimate business purposes:  We use your Personal Information to: (i) deliver services or carrying out transactions that you have requested; (ii) provide information about our products, services, transactions, and advertisements that may be of interest to you; and (ii) make our communications with you more relevant and personalized to you.
  • To comply with our legal obligations:  We may be required to: (i) comply with laws, regulations, court orders, or other legal process; (ii) establish, exercise or defend legal claims; and (iii) detect, prevent and respond to fraud, intellectual property infringement, violation of our contracts or agreements, violations of law, or misuse of our Site, products or services; complying with our obligations to retain certain business records for minimum retention periods.
  • To process a contract to which you are a party: We may need to process your Personal Information for the purpose of fulfilling a contract or to provide a product or service you requested.
  • Because you have given your consent:  There are times when we may need to obtain your consent to allow us to use your Personal Information for one or more purposes set out above.  When we process your Personal Information in such circumstances, it will be consistent with the scope of the consent you provide us.

Information You Give Us

We collect information when you fill out registration forms, subscribe to newsletters, order products, or provide us with other information actively, we collect that information for processing and use in accordance with this Policy.  Depending on how you use our Site, the Personal Information we collect from you may vary.

The following are the types of Personal Information we may obtain from you, and we may in turn provide such information that you give us to third-party service providers:

  • contact information (name, company name, job title, phone and fax number, email and address);
  • information used to create an online account (username, password, security question and answer);
  • biographical and/or demographic information (such as date of birth, age, gender, marital status, dependent, spousal or other family information), except for sensitive data as that term is defined by the GDPR  (specifically, we will not collect data relating to your racial or ethnic origin, political opinions, religious or trade union membership, genetic data, biometric data, health data, or data concerning your sex life or sexual orientation);
  • financial information (payment information, including name, billing address and payment card details (i.e. card number, expiration date and security code);
  • purchase and customer service history;
  • location data (IP address, country and zip/postal code) and the location of your mobile device;
  • information that is obtained when you interact with any of our social media posts through Facebook, Google+, or another networking site (each a “Social Networking Site”) (such as public profile information, birthdate, current city of work, employer, school, email address);
  • clickstream data and other information about your online activities (device information, browsing history and usage patterns), including information from third-party providers and external websites, that we obtain through the use of cookies, web beacons and similar technologies; and
  • Personal Information contained in any content you submit to us through our “Contact Us” link.

If you use our Site to make an online purchase, your name and address and credit card information is sent directly to third-party service providers we use to manage order fulfillment and credit card processing.  The service providers are not permitted to use the information you provide except for the sole purpose of order fulfillment or credit card processing on our behalf.

External Websites

Our Site may contain links to other websites. You should review the Privacy Policy of the other websites that you may link to via our Site as their Privacy Policy may differ from ours. Please be aware that we are not responsible for the privacy practices of other websites.

Information Automatically Collected from Your Device

  • Device and Browser Information: We may collect information about your computer and/or device, including device type, IP address, device identifier, and operating system. We collect this information by using cookies or similar technologies.
  • Location Data: If you have enabled access to your location on your mobile device, we may collect location information, including precise and imprecise location derived from your IP address.
  • Information and Statistics on Site Usage:  We may collect technical data about your use of our Site and how you interact with digital advertisements and promotions, including content viewed or downloaded, time spent on pages, links clicked, promotional emails opened, features used, and dates and times of interactions. We collect this information using cookies and similar technologies.

  Cookies and Similar Technologies.  A “cookie” is a file of information that is placed on your device when you visit a website. Cookies and similar technologies can enhance your user experience by saving your preferences, personalizing your online experience, holding items in your shopping cart, and providing you with advertisements that have been tailored to your interests. For more information on Cookies, how we use them, the third parties we work with who use them, and how you can control them, please refer to our Cookie Policy 

How We Share Information

 We only disclose your Personal Information to third parties as follows:

  • Consistent with our ability to provide services to you, we use affiliated and unaffiliated service providers all over the world, including web servers, cloud storage systems, CRM providers, email services, content support teams, marketing partners, advertising partners and others, to help us deliver our products and services. 
  • We may also share your information with Trudell affiliates, namely an entity that directly or indirectly controls, is controlled by, or is under common control with Trudell.  Such affiliates shall process your Personal Information where we believe it is consistent with the context in which the information was collected or with your consent.
  • We will disclose data If we believe in good faith such disclosure is necessary (1) to comply with relevant laws or to respond to subpoenas or warrants or legal process served on us; (2) to enforce our Terms of Use and Privacy Policy; (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; (4) as we otherwise deem necessary and is permitted by applicable laws to protect and defend the rights or property of Trudell, the users of our services, or third parties; or (5) as permitted under applicable laws to meet national security and similar requirements;
  • In reorganization or sale of our company or assets, your data may be transferred, subject to the acquirer and its affiliates accepting the commitments made in this Policy and compliance with applicable law;
  • We will otherwise share Personal Information only with your consent.

Other Important Privacy Information

How Long We Keep Your Personal Information

We keep your Personal Information only so long as we need it to provide the Site to you and fulfill the purposes described in this Policy. Retention periods can vary based on the type of information and how it is used. Our retention periods are based on criteria that include legally mandated retention periods, pending or potential litigation, our intellectual property or ownership rights, contract requirements, operational directives or needs, and historical archiving. When we no longer need to use your Personal Information and there is no need for us to keep it to comply with our legal or regulatory obligations, resolution of disputes and enforce our agreements, we’ll remove it from our systems.

Privacy of Minors

We do not knowingly collect information from individuals under the age of 18.  To access or use the Site, you must be at least 18 years of age otherwise you may not use the Site. If you have reason to believe that a child under the age of 18 has provided us with Personal Information without parental consent, please contact us. If we become aware that a child has provided us with Personal Information without parental consent, we will remove such information.

Data Transfer

Some of the services we provide are hosted and provided outside of the European Economic Area (EEA), including Canada and the United States, for the purposes described in this Policy. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country.  If you are an EEA resident and we we transfer your Personal Information outside of the EEA, we will only do so for the purposes described in this Policy.  In accordance with applicable data protection and privacy laws, we take additional measures to help protect your Personal Information when is transferred from the EEA.  This includes having standard clauses approved by the European Commission in our contracts with parties that receive information outside the EEA. Information about data transfer agrees can be found here

Your Rights Regarding your Personal Information

  • Right to Be Informed: You have the right to ask us whether we process your Personal Information and if we do, you have the right to request access to your Personal Information that we process, together with the following information: (i) the purposes of the processing; (ii) the categories of Personal Information we process; (iii) the recipients of your Personal Information; (iv) the anticipated retention period of your data where possible, or the criteria used to determine the retention period; (v) your right to request rectification or erasure of your Personal Information, or restriction of the processing of such data; (vi) your right to file a complaint with a supervisory authority; and (vii) whether we use your Personal Information to make automated decisions that have legal or other similar effects on you.
  • Right to Rectification:  You have the right to request correction of your Personal Information if such information is inaccurate.  If wish to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us using the contact details provided under the “How to Contact Us” section.
  • Right to Erasure:  You have the right to request deletion of your Personal Information if (i) the Personal Information is no longer necessary for the purpose of which it was originally collected or processed; (ii) if we process your information on the basis of consent, and you withdraw your consent; (iii) if we process your Personal Information for our legitimate business interest, you object to the processing of your Personal Information, and there is no overriding legitimate interest to continue this processing; (iv) if we have processed your Personal Information unlawfully; (v) the Personal Information must be erased to comply with a legal obligation. We are not required to erase your personal data to the extent that we need to process it: (i) to exercise the right of freedom of expression and information; (ii) to comply with a legal obligation; (iii) for the performance of a task carried out in the public interest or in the exercise of official authority; or (iv) for the establishment, exercise of defense of legal claims.
  • Right to Restrict Processing:  You have the right to request that we restrict the processing of your Personal Information in the following circumstances: (i) when you contest the accuracy of your Personal Information, for the period of time we need to verify the accuracy of your Personal Information; (ii) when the Personal Information has been unlawfully processed and you oppose the erasure of it, but instead request that we restrict the use of the Personal Information; (iii) when we no longer need the Personal Information, but you need us to keep it in order to establish, exercise or defend a legal claim; or (iv) if you object to the processing of your Personal Information for our legitimate business interests, for the period of time we need to verify whether our legitimate grounds override yours interests
  • Right to Data Portability:  You have the right to receive Personal Information you provided to us when: (i) the processing of the Personal Information is based on your consent or is necessary for the performance of a contract between you and us; and (ii) the processing of your Personal Information is carried out by automated means.
  • Right to Object:  You have the right to object to the processing of your Personal Information if it is for direct marketing purposes or to opt-out of marketing communications we send you at any time.  You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.  To opt-out of other forms of marketing materials (such as postal marketing or telemarketing), you may by contacting us using the details provided under the “How to Contact Us” section.
  • Right to File Complaint with Local Data Protection Authority:  We will use our best efforts to address and settle any requests or complaints brought to our attention.  In addition, you have the right to complain to your local data protection authority if your privacy rights are violated.

If you would like to exercise your rights regarding your Personal Information, you can exercise these rights by contacting us using the details provided under the “How to Contact Us” section. 

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We will respond to all requests within thirty (30) days from the receipt of a request.  Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolution of disputes and enforce our agreements.

How to Contact Us:

By email:  globalprivacy@tmlcorp.com

By mail: 725 Baransway Drive, London, Ontario, Canada N5V 5G4

By fax: 519-455-4469

If your questions, concerns, or complaints have not been resolved to your satisfaction, you may contact our Director, Global Privacy by emailing globalprivacy@tmlcorp.com.

Updates to Our Privacy Policy

We may revise this Policy from time to time by posting an updated version on the Site, along with information on any material changes. The revised Policy will be effective immediately and any modifications will apply only to the Personal Information we collect after the posting. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by email (sent to the email address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Site is subject to the most current effective version of this Policy.

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