Introduction
You should read these Conditions of Use and Privacy Statement below carefully. In these Conditions of Use “We”, “Our” or “Us” means CLINUVEL PHARMACEUTICALS LIMITED ABN: 88 089 644 119 and includes its subsidiaries, directors, employees and agents; and “You” or “Your” means the person who accepts these Conditions of Use, by using this website. Acceptance by You of these Conditions of Use binds You and all of Your employees, officers and agents to comply with these Conditions of Use. Without implying any licence to do so, if you pass on any information contained in the web site to any other person, you should pass on these Conditions of Use also and draw it to their attention.
Your Information and Password
Please ensure that all information provided by You in making use of this website or any of the information, services or material provided by this website is and remains accurate and complete.
A password may be required in order to access some services provided by this website. If a password is required You agree not to disclose Your password to any third party or use Your password for any unauthorised purpose.
Not Investment Advice
The information on this website should be considered general, public information and should, under no circumstances be construed as investment recommendations or advice. When making investment decisions, You should speak with a professional consultant who has the ability to make decisions based on Your personal situation.
Not Medical Advice
Please see our disclaimer.
Binding Conditions and Variations
These Conditions of Use and any which are imposed by law and which may not lawfully be excluded, are the only conditions which bind Us.
Our commitment to make CLINUVEL an informative website means that we are constantly adding new features and information to the site. Because of this, from time to time, our policies will be reviewed and may be revised. CLINUVEL reserves the right to change its privacy policy at any time and notify You by posting an updated version of the policy on its website.
By using this website or the services provided through it after the Conditions of Use have been varied, You agree to be bound by the varied Conditions of Use.
Exclusions and Limitations of Liability
All statutory or implied terms, conditions or warranties concerning the quality or condition of this website or any information, service, material, advice or recommendation supplied by Us to You through this website is limited to the fullest extent permitted by law.
If We breach any term, condition or warranty which is implied by law and which cannot lawfully be excluded, Our liability for a breach of the applicable term, condition or warranty (other than a warranty implied by section 69 of the Trade Practices Act 1974 (Cth) or corresponding state legislation) is limited to, at Our election:
(a) the resupply of the relevant goods, advice, service, recommendation or information; or
(b) the payment to You of the cost of having the relevant goods, advice, service, recomendation or information supplied again.
Except to the extent that liability may not lawfully be excluded, We will not be under any liability to You (or any of Your officers, agents or employees) for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage,) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with Your use of this website or Your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to You or Our negligence or Our breach of Our obligations under these Conditions of Use. We do not warrant that any of the functions contained in the website or Your access to the website will be uninterrupted or error-free, or that any notifications (such as may be selected in the investor relations section of the website), will be made in a timely manner, or at all.
The information contained in this website is derived from sources believed to be true and accurate. However, the content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. For various reasons substantial delays may occur before particular information on the website is updated. Accordingly, We do not warrant the reliability, accuracy, currency or completeness of that information and any reliance by You upon that information is at Your sole risk. You should satisfy Yourself as to the currency and accuracy of any information provided through this website.
You must indemnify Us and hold Us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by You of these Conditions of Use, Your access and/or use of the website or reliance on its contents or information received through it by Yourself or any person accessing any content through Your website.
Links to Other Sites
CLINUVEL will from time to time publish links to other websites on this website. Contents, hyperlinks or information held on other sites is not the responsibility of CLINUVEL. These links are provided for Your convenience only and by accessing these linked sites You agree to any terms of access or use imposed by those linked sites. We do not endorse any material on those websites and do not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites, nor do we warrant that material on other websites does not infringe intellectual property rights of any other person.
Copyright and Trade Marks
The materials displayed on this website, including without limitation all information, text, graphics, names, logos, trademarks, design, software and advertisements (“Content”) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the website. You may access and display these pages on a computer or a monitor, and print out for Your personal or internal business use any page or part of any page of this website. All other use, copying or reproduction (including reproduction on any other website) of any part of this website is prohibited unless expressly stated otherwise. You must not use this website in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content. Unless expressly stated otherwise, nothing contained in this website should be construed as a licence or right of use of any trademark displayed on the website without the express written permission of the owner of the trademark.
Viruses
We do not represent or warrant that this website and any other information or material contained in, downloaded or accessible from this website, is free from computer viruses (including macro viruses) or any other defect or error which may affect Your software or systems. You should protect Your software and systems by installing and implementing Your own security and system checks.
Governing Law
The website under the domain name www.clinuvel.com is created and controlled by CLINUVEL in the State of Victoria, Australia.
We reserve the right to revise the content of, amend links from or withdraw access to this website at any time without notice. You must terminate Your link to this website if we request You to do so, either directly or by notice on this website.
CLINUVEL Website Privacy Statement
About this Privacy Statement
This Privacy Statement applies to this website which is operated by CLINUVEL (ABN: 88 089 644 119 ) under the domain name and “clinuvel.com” (“CLINUVEL Website”) and all subdomains, and the EPP.care website and all subdomains.
CLINUVEL recognises that Your privacy is very important to You and that You have a right to control Your personal information. We know that providing personal information is an act of trust. We value and take Your trust very seriously. Unless You give us explicit consent to act otherwise, the following policy will govern how CLINUVEL handles Your personal information and safeguards Your privacy.
This policy applies where We are acting as the data controller with respect to the personal data collected from our customers, website visitors and service users, i.e. where we determine the purpose and way of processing personal data.
CLINUVEL is committed to ensuring the protection of Your personal information and giving You option regarding in who can use Your personal information and how it can be used.
Frequent Review Recommended
As the Our website develops and as technology evolves, We will continue to strive to provide You with a more effective website. It is recommended and encouraged that You review this Privacy Statement periodically as it may change from time to time.
Information Collected
The information collected about You through the CLINUVEL website may include: information collected when You register or update Your details in the Email Alerts area, for example Your profile, including identifying information such as Your name, mobile phone number, email address, physical address and company information; personalisation preferences or requests for information You select as You use the CLINUVEL Website, for example the kinds of Alerts You would like to receive and the method of delivery; any messages or comments You submit to CLINUVEL via the CLINUVEL Website, including identifying information such as Your name, email address and telephone number, for example any emails collected through the “Contact us” section; information submitted to online facilities such as search tools; and tracking information we collect as You use the CLINUVEL Website including which areas of the site You visit.
The CLINUVEL website uses Cookies to improve the overall user experience. We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website. Please note if you do choose to decline cookies, not all elements of this website may function as intended, so your website experience may be affected. The full list of cookies used on the CLINUVEL website can be viewed here.
You may browse some information-only areas of the CLINUVEL Website without providing any personal information, however we may not be able to provide the full range of services through the CLINUVEL if You do not provide the information outlined above.
The CLINUVEL website may contain links to websites operated by third parties (“Third Party Websites”). Third Party Websites should contain their own privacy statements and those third parties are responsible for informing You about their own privacy practices.
CLINUVEL Email Alerts
CLINUVEL has made available Alerts, allowing visitors to the CLINUVEL website to register and subscribe to receive information on the Company via Email, Fax and SMS. During the process of subscribing and registering for Alerts, You will be required to give Us certain personal information such as Your Name, Address, Email Address, etc and Your preferences regarding the Alerts sent to You from Our website. You will also be asked to confirm that you are sixteen (16) years of age or older.
Updating Your Information
When registering to receive Email Alerts, You are required to input some personal information so that the alerts can be delivered to You. You are also required to nominate which Alerts You want to receive and the format in which You want to receive them. You can change Your personal details and Email Alert preferences at any time by clicking on the Email Alerts link, logging in using Your username and password and then altering Your details as required.
Use and Disclosure of Your Personal Information
We may process data about Your use of our website and services. This usage data (“usage data”) may include Your IP address, geographical location, the geographical location of Your computer, browser types and versions, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of Your service use. The source of the usage data is Our analytics tracking system, which includes Cookies on this website. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent or our legitimate interests, namely monitoring and improving our website and services.
You may choose to disclose data to Us through Our website and/or by correspondence (including emails, “Contact Us” forms, social media platforms, telephone, facsimile and like services) and/or by requesting to subscribe to updates from CLINUVEL and/or metadata associated with Your disclosure. We may process Your data, including your name and email address and any other information provided by You. The source of this data is You. This data may be processed for the purposed of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent or our legitimate interests, namely the proper administration of our website and business
We may process personal data identified through safety reporting. This data may include your name, address, date of birth, telephone number, email address, and personal health information disclosed by You and/or pseudonymously by Your healthcare provider. This data may be processed to ensure Our compliance with safety reporting regulations in the US, Europe and the rest of the world. The legal basis for this processing is Our legitimate interests, namely the protection and assertion of Our safety reporting obligations, legal rights, Your legal rights and the legal rights of others.
We may process any of Your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceeding or in an administrative or out-of-court procedure and/or for the purpose of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is Our legitimate interests, namely the protection and assertion of Our legal rights, Your legal rights and the legal rights of others and/or the proper protection of Our business against risks.
We ask that You do not supply the personal data of any other person to Us, unless it is in relation to a safety concern or We request it of You.
CLINUVEL will not use or disclose any information about You without Your consent to a third party unless: Required by law; We believe it necessary to provide You with a service which You have requested (such as the delivery of Alerts and tracking of communication through a third party customer focused tracking system); To protect the rights or property of CLINUVEL, another visitor to the CLINUVEL website, or any member of the public; To lessen a serious threat to a person’s health or safety; The use or disclosure is otherwise authorised by any law (including laws for the protection of personal information); The data are used to as is reasonably necessary to maintain insurance coverage, manage risks, obtain professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. CLINUVEL does not sell data to third parties for any purpose, including marketing purposes.
Information on You may, under certain circumstances, be transferred to countries internationally, including countries where CLINUVEL has operations and/or subsidiaries (Australia, the United Kingdom, the United States of America, Switzerland and Singapore) and/or third party contractors (including member states of the European Economic Area). Transfers to each of the countries will be protected by appropriate safeguards. This website is hosted in the United States of America but may be mirrored in other countries.
Personal data that We process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. In most instances this is in line with local legal requirements. We may retain Your personal data where such retention is necessary for compliance with a legal obligation to which We are subject, or in order to protect Your vital interests or the vital interests of another natural person.
How We Handle Email and “Contact Us” Messages
CLINUVEL may preserve the content of any email or “Contact us” message that You send us. Any personal information contained in Your message will only be used or disclosed in ways set out in this Privacy Statement. Your message content may be monitored by our service providers or CLINUVEL employees for trouble shooting, compliance auditing and maintenance purposes, legal purposes including suspected breaches of the law or actual or perceived legal claims against Us and/or where email abuse is suspected.
Your Rights to Your Data
You may instruct Us to provide You with a copy of any personal information We hold on You provided that:
- You can supply appropriate evidence of your identity. For this purpose we will generally accept a photocopy of your passport certified by a solicitor or bank, plus an original or certified copy of a utility bill showing your current address; and
- You agree to pay a processing fee (of no more than £20) should the request be deemed by Us to be unfounded, excessive or repetitive.
Information requested by You may be withheld to the extent permitted by law.
You may request at any time that We may not process Your personal information for marketing purposes and or for other purposes for which you have given your consent. Such requests should be made in writing to:
CLINUVEL PHARMACEUTICALS LTD
Data Protection Officer
Level 11, 535 Bourke Street
Melbourne, Victoria
3000
Australia
Or by email to: [email protected]
We may still retain and/or process your personal information for other purposes as outlined in this policy.
You have the right to complain to regulatory authorities if You believe We are not handling or processing Your personal information appropriately.
Security
We use a number of mechanisms to protect the security and integrity of Your personal information. Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information You transmit to us and You do so at Your own risk. Once Your personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.
As You may be aware, CLINUVEL has wide obligations with respect to privacy and other information not collected on the internet. In Victoria both the Privacy Act 1988 and the Health Records Act 2001 will apply to CLINUVEL’s activities, as well as the General Data Protection Regulations in Europe. If You need any more information about CLINUVEL’s privacy obligations in general please let us know.
If You have any questions or feedback about privacy on the CLINUVEL Website or this Privacy Statement please contact us at [email protected].