BY YOUR USE OF THIS WEBSITE YOU AGREE TO THE FOLLOWING:
1. INTRODUCTION AND AGREEMENT TO TERMS Encore Medical Education, LLC (“ENCORE”) is pleased to provide this website (“Site”) to host programs for professional informational and educational use (“Program” or “Programs”). The following agreement governs your access and use of this Site. Throughout, the terms “you” and “your” refer to any individual, company or legal entity that accesses or otherwise uses this Site.
2. OWNERSHIP AND USE OF THIS SITE ENCORE owns the Site and provides many types of medical education and other information to be distributed through the Site. The Site and any content on the Site are intended for the use of physicians and other qualified healthcare professionals solely for medical education purposes.
You acknowledge and agree that all content on this Site, including, without limitation, the Site’s design, graphics, text, formatting, sounds, pictures, images, user interfaces, page headers, custom graphics, button icons, scripts, software, trademarks, service marks, trade names, trade dress, logos and other materials and information on this Website, and the selection and arrangement thereof (“Content”), is owned, controlled or licensed by or to ENCORE, and is protected by United States and international copyright, trademark and various other intellectual property laws and rights. You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of ENCORE. Any other use, including distribution to or use of the Site or Program Content found on the site by any third parties not granted such specific permission, is not allowed, and legal action may be taken in case of such wrongful access, distribution, or use.
THIS SITE, THE PROGRAMS, AND THEIR CONTENT, DO NOT PROVIDE MEDICAL ADVICE.
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS". ENCORE, ITS AGENTS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
ENCORE, ITS AGENTS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES. NEITHER ENCORE NOR ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENCORE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. GOVERNING LAW AND JURISDICTION
How do we collect your data?
If you visit the Site for any purpose, including viewing videos or information through or on the Site or you fill out an evaluation form of a medical education event you either attended in person or accessed through the internet, you will transfer certain personal data to us.
What data do we collect?
We may, from time to time, collect information from you, including the following:
Personal identification information, such as your name, address, email address, telephone number, and demographic information that you voluntarily give to us when you choose to access or exchange information on the Site. You are under no obligation to provide us with personal information of any kind, but your refusal to do so may prevent you from using certain features of the Site.
Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
User information from social networking sites, such as Facebook, Google+, Instagram, Pinterest, Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if we link the Site and you connect your account to such social networks. PLEASE NOTE: We do not currently link the Site to or obtain information from those social networks.
If you access the Site from a mobile device, device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device.
Information from third parties, such as personal information or network contacts, if you connect your account to the third party and grant the Site permission to access this information.
Personal and other information you may provide to us, either on the Site or through a third party’s request that you respond to surveys or evaluations.
How will we use your data?
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Although at present we do not currently collect data for all of the uses listed below, we want to notify you that we may now or in future use information collected about you via the Site to:
Do we disclose your information to others?
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
If you interact with other users of the Site, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.
We may share your information with our business partners to offer you certain products, services or promotions.
We may share your information with investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
How do third parties handle my data?
How do we store your data?
We use reasonable precautions, including appropriate technical, administrative, and physical procedures, designed to protect your personal data from loss, misuse, or alteration. If we contract with other companies to provide us with services, we will require them likewise to use reasonable safeguards to protect your personal data. However, we are not responsible for any breach of security or for the actions of these parties. Due to the design of the internet and other factors outside our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties. If there is a breach of security of which we become aware, we will do everything we can to minimize the breach and stop any use of information which may have been obtained. Our principal offices are in the United States, and we will not transfer your data to anyone outside of the United States other than to our employees who may be located elsewhere.
We will keep the information you provide to us for a period not exceeding five (5) years. Once this time period has expired, we will delete your data by using technological methods designed to destroy the information permanently.
PLEASE NOTE: While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
How do we get information from you when you browse the Site?
You may not decline web beacons, which are clear picture files used to keep track of your navigation through a single website or a series of websites. Web beacons also go by the name of web bugs and are normally used by websites that use third party traffic monitoring and tracking services. Web beacons might be used by the Site in connection with cookies to gain an understanding of how a website's users navigate through and process the content contained in that website.
Please be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
What if I specify “Do Not Track” in my web browser?
What are your data protection rights?
We want to be sure you are fully aware of all of your data protection rights. Because the European Union has enacted a regulation known as the GDPR to protect the collection of personal data from persons in the EU, we will give to you and all of those from whom we collect personal data the protections required by the GDPR. Those include:
Under certain conditions, you may be entitled to the following:
What rights do children have for protection of their data?
We intend to comply with the U. S. Children's Online Privacy Protection Act (“COPPA”) of 1998. The primary goal of COPPA is to place parents in control over what information is collected from their young children online. The Rule was designed to protect children under age 13, while accounting for the dynamic nature of the Internet. Accordingly, we do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under 13 years of age, please contact us using the contact information provided below.
How do you contact us to ask questions or to exercise your data protection rights?
If you have questions or concerns about this policy, or you want to change the data you have provided to us or terminate your use of the Site, you may contact us through the information below. If you make a request to exercise one or more of your rights, we have one month from the date we receive it to respond to you.
Here are the ways you may contact us:
By email: email@example.com
In writing via mail or courier: Encore Medical Education, LLC
Fran Grega, President and Data Protection Officer 1967 Cedardale Avenue
Baton Rouge, LA 70808
What if you are a resident of California?
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.
If you are a Nevada resident, what are your rights?
Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. We do not sell your personal information for monetary consideration; however, this right applies even if we do not sell personal information for monetary consideration. If you are a Nevada consumer and wish to exercise this right, please submit your request by email, including your name, physical address in Nevada, email address, and telephone number to our Data Protection Officer at firstname.lastname@example.org.
If you are in the European Union, who is the supervisory authority to contact regarding your GDPR privacy rights?