PRIVACY POLICY

Effective as of August 13, 2018.

NuGEN Technologies, Inc. and our subsidiaries and affiliates ("NuGEN", “we”, “us”, or “our”) value your privacy and the privacy of our other customers and visitors to our Websites, located at http://www.nugen.com (collectively, with any successor websites, the "Websites").

This Privacy Policy describes what information NuGEN collects, how we use, disclose, and otherwise process that information, what we do to protect it, and the choices available to you with respect to your information.

Individuals located in the European Union should be sure to read the important information provided here.

Table of Contents

  1. The Information NuGEN Collects
  2. The way NuGEN Uses Information
  3. When NuGEN Discloses Information
  4. Your Choices
  5. Our Commitment to Children's Privacy
  6. Our Commitment to Data Security
  7. International Visitors
  8. External Websites
  9. In the Event of Merger or Sale
  10. Changes and Updates to this Privacy Notice
  11. NuGEN Contact Information
  12. Additional Information for European Union

1. The Information NuGEN Collects:

Information you provide:

  • Personal and business contact information, such as your first name, last name, postal address, email address, telephone number, job title, and employer name
  • Account information, such as your username, password, and affiliated organization
  • Feedback and correspondence information, such as information you provide in your responses to surveys, when you participate in market research activities, report a problem with the Websites, receive scientific, sales or order support, or otherwise correspond with us
  • Transaction information, such details about purchases you make through the Websites, registrations you make through the Websites, and billing details
  • Usage information, such as information about how you use the Websites and interact with us
  • Marketing information, such your preferences for receiving marketing communications and details about how you engage with them
  • Employment information, educational history, and professional credentials, such as that contained on a resume or a curriculum vitae, in connection with a job application or inquiry or thought leadership engagement.

Information Collected Automatically:

  • Cookies: When you visit the Websites, we collect information using cookies. Cookies are small text files containing a string of alphanumeric characters, which are stored on the hard drive of your computer or mobile device by a website. Please visit our Cookies Policy for additional information about our use of cookies.
  • Pixel tags: When you visit the Websites, we automatically record certain information from your web browser by using different types of technology, including “pixels,” "clear gifs" or "web beacons." This information may include your IP Address, web browser type, the web pages or sites that you visit just before or just after the Websites, the pages you view on the Websites, and the dates and times that you visit the Websites.
  • Log files: We gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Websites, track users' movements around the Websites, gather demographic information about our user base as a whole, and better tailor our services to our users' needs.

Information collected from other sources:

We may also get information about you from other sources, for example, social media sites and conference vendors, and we may add this to information we get from our Websites or that you provide to us directly.

2. The Way NuGEN Uses Information:

To operate our Websites. If you use our Websites, we use your personal information to:

  • Operate, maintain, administer, and enhance our Websites
  • Understand and analyze the usage trends and preferences of visitors to the Websites, to improve the way the Websites works and looks, and to create new features and functionality
  • Provide support and maintenance for our Websites
  • Respond to your service-related requests, questions and feedback

To perform research and product-improvement actives. We use your personal information when necessary to facilitate our research and related activities that support product improvement, including to:

  • Support symposia, conferences, and scientific, educational and volunteer events
  • Identify thought leaders and external experts
  • Attribute authorship to academic and promotional materials

To provide our products and services. We use your personal information as necessary to provide NuGEN products and services, including to:

  • Manage access to our products, including where access is limited by law to licensed physicians
  • Pay for services that physicians, researchers and other individuals may provide to us
  • Process and manage registrations you make through our Websites, including to track and administer trainings, webinars, or events you have registered for and attended

To evaluate your application for employment. If you apply for a job with NuGEN or make an employment-related inquiry, we use your personal information to evaluate your candidacy and determine you eligibility for employment.

To communicate with you. If you request information from us or participate in our events, we may send you NuGEN-related marketing communications as permitted by law. You will have the ability to opt out of such communications.

To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.

To comply with regulatory monitoring and reporting obligations. We use your personal information as we believe necessary or appropriate to comply with regulatory monitoring and reporting obligations, such as those related to adverse events, product complaints, and financial disclosures.

With your consent. We will request your consent to use your personal information where required by law, such as where we use certain cookies or similar technologies or would like to send you certain marketing messages. If we request your consent to use your personal information, you have the right to withdraw your consent any time in the manner indicated when we requested the consent or by contacting us.

To create anonymous data for analytics. We may create anonymous data records from personal information by excluding information that makes the data personally identifiable to you. We reserve the right to use anonymous data records for any purpose and to disclose anonymous data records to third parties in our sole discretion.

For compliance, fraud prevention and safety. We use your personal information as we believe necessary or appropriate to (a) enforce the terms and conditions that govern our Websites, products and services; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

3. When NuGEN Discloses Information:

  • NuGEN does not sell, trade, rent or share your Personally Identifiable Information with other organizations for their marketing or promotional uses without your express consent.
  • NuGEN may disclose automatically collected and other aggregate non-personally identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Websites.
  • NuGEN works with some authorized service providers to provide hosting for the Websites and maintenance as well as other services for us, such as customer service, event planning and related travel, and payment, shipping, and fulfillment providers. NuGEN requires these service providers to safeguard personal information you provide to us. To the extent it is necessary for these service providers to complete their contractual obligations to NuGEN; these third parties may have access to or process your personal information. NuGEN limits the use of your personal information to the purpose for which it was shared.
  • We may share some or all of your personal information with our parent company, subsidiaries, joint ventures, or other companies under a common control.
  • We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personally Identifiable Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.
  • NuGEN may also disclose information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to individuals.
  • NuGEN also reserves the right to disclose information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect NuGEN from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Websites; or to protect the rights, property, or personal safety of NuGEN, our customers, users, or others.

4. Your Choices:

  • If you become aware that the personal information we maintain about you is inaccurate, incomplete, misleading, irrelevant or out of date, or if you would like to request to access or review your information, you may contact us at privacy@nugen.com .
  • If you gave us consent to post a testimonial on our Websites, but wish to update or delete it, please contact us.
  • You may, of course, decline to share your personal information with NuGEN, in which case NuGEN will not be able to provide to you some of the features and functionality found on the Websites, and we may not be able to provide you with our products or services and may need to terminate our relationship with you. We will tell you what information you must provide to us by designating it as required when we request the information or through other appropriate means.
  • We will periodically send you free newsletters and e-mails that directly promote the use of our Websites or other NuGEN services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly.
  • Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
  • If you decide at any time that you no longer wish to accept cookies from our Websites, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Websites or all functionality of the service. Please see our Cookies Policy for more information.

5. Our Commitment to Children's Privacy:

Protecting the privacy of young children is especially important to NuGEN. For that reason, NuGEN does not knowingly collect or maintain personally identifiable information on Websites from persons under 13 years of age, and no part of Websites is directed to persons under 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE WEBSITES AT ANY TIME OR IN ANY MANNER. If NuGEN learns that personally identifiable information of persons less than 13 years of age has been collected on NuGEN, then NuGEN will take the appropriate steps to delete this information.

6. Our Commitment to Data Security:

NuGEN uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to NuGEN, and you do so at your own risk. Once we receive your transmission of information, NuGEN makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

7. International Visitors:

Personal information collected on the Websites may be stored and processed in the United States or any other country in which NuGEN or its affiliates, subsidiaries or agents maintain facilities where laws regarding processing of personal information may be less stringent than the laws in your country.

8. External Websites:

Our Websites may contain links to external websites, including co-branded and other affiliate sites that may or may not be owned or operated by NuGEN. These are provided for your convenience only, and unless otherwise explicitly stated, we do not have control over the content or privacy and security practices and policies of third party sites. Any personal information you provide on linked pages is provided directly to that third party and is subject to that third party's privacy policy. Please learn about the privacy and security practices and policies of external websites before providing them with personal information.

9. In the Event of Merger or Sale:

In the event that NuGEN is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from individuals as part of such merger, acquisition, sale, or other change of control.

10. Changes and Updates to this Privacy Notice:

This Privacy Policy may be revised periodically at any time. Please revisit this page to stay aware of any changes. If we make material changes to this Privacy Policy, where required by applicable law, you will be notified via email or another manner that we believe is reasonably likely to reach you.

11. NuGEN Contact Information:

Please contact NuGEN with any questions or comments about this Privacy Policy, your personal information, our third-party disclosure practices, or your consent choices at: Attn: Privacy, NuGEN Technologies, Inc. Headquarters, 201 Industrial Road, Suite 310, San Carlos, CA 94070 U.S.A., Tel: 650-590-3600, Fax: 650-590-3630, privacy@nugen.com.

12. Additional Information for European Union:

Personal information

References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller

NuGEN is the controller of your personal information for purposes of European data protection legislation. See the Contact Us section above for contact details. NuGEN’s EU representative is Jan Gietema and can be reached at jgietema@nugen.com​.

Legal bases for processing

We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described in the table below. If you have questions about the legal basis of how we process your personal information, contact us at privacy@nugen.com.

Processing purpose (click link for details)

Legal basis

To provide our products and services

Where we have a contract governing this processing purpose, the processing is necessary is perform that contract, or necessary to take steps that you have requested prior to entering into the contract.

In other cases, these processing activities are necessary to protect your, or another person’s, vital interests.

To operate our Websites

To communicate with you
To create anonymous data for analytics
For compliance, fraud prevention and safety

These processing activities constitute our legitimate interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

To evaluate your application for employment

The processing is necessary to take steps that you have requested prior to entering into an employment contract.

If there is no employment contract, this processing activity constitutes our legitimate interest. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

To comply with regulatory monitoring and reporting obligations

To comply with law

Processing is necessary to comply with our legal obligations.

With your consent

Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated when we requested the consent or by contacting us.

Use for new purposes

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

Your rights

European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

  • Access. Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct. Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information.
  • Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
  • Restrict. Restrict the processing of your personal information.
  • Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information.

You can submit these requests by email to privacy@nugen.com or our postal address provided here. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us as described here or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.