Privacy Policy, Linking Policy, and
Terms & Conditions
Privacy Policy
Alcon Laboratories, Inc., and its affiliates (collectively "Alcon"), is committed to maintaining the privacy and accuracy of your personal information and to protecting such information from loss, misuse, unauthorized access, alteration and destruction. This Privacy Policy applies to all Alcon Web sites (the "Web sites"). To the extent local laws provide for additional protections beyond those provided by this Policy, Alcon will endeavor to comply with such laws at all times. The Alcon Web sites principally are designed for the benefit of its customers, and seek to furnish information that may be of interest or use to them.
Please read this Privacy Policy carefully to understand how your personal information will be treated as you make full use of our Web sites. This Privacy Policy may change from time to time, so please check back periodically. Feel free to contact us with any questions or comments regarding our privacy practices.
The following Privacy Policy will inform you of:
- Your control over the information collected
- The difference between personal and non-personal data
- How we may use the information collected
- How we will collect the information
- The security of the data collected
- Limits on how we may share and/or disclose any information
- Our stance on the privacy of children
- Liability for links to or from other Web sites
- Your consent and agreement
Control Over the Collection and Use of Personal Information
Alcon wants to give you as much control as possible over information that personally identifies you ("Personal Information"). In general, you can visit our site without telling us who you are or revealing any of your Personal Information. There are times, however, when we may need this information from you. This includes when you (1) create a user identity/account online, (2) purchase products or request information to be sent to you, (3) request details about participating doctors, (4) contact us about our products or services, or (5) utilize services on Alcon Web sites.
You may always opt-out, or choose not to submit your Personal Information, but this may limit your access to certain services and/or areas within various Alcon Web sites. For those who do submit Personal Information, the data is available for review, revision or removal at any time. This can be accomplished by contacting us at or at the following address:
Alcon Laboratories, Inc.
Attn: Web Site Services
6201 South Freeway
Fort Worth, TX 76134
Personal and Non-Personal Data
Personal Information is data that can identify you as a unique user such as name, address, telephone number or e-mail address. We collect Personal Information only where we have first requested it from you and/or you have voluntarily submitted it to us via any of our Web sites. We may use the information to respond to your requests, improve our level of service and the content of our Web sites, or for monitoring usage of our Web sites.
We also automatically gather certain Non-Personal Information about the usage of our site such as the total number of visits to our Web sites, the number of visitors to each page of our Web sites, and the domain names of our visitors' Internet service providers. We use this information, which remains in aggregate form, to understand how our visitors use our Web sites so that we may improve the online experience and better facilitate your visit to our Web sites. We do not connect this non-personal data to any Personal Information we collect from you.
How Alcon Uses Collected Information
We will use collected Personal Information to reply to your requests and inquiries, to process account applications, to service accounts, and to assist with questions about membership, billing, or use of our products or online services. Collected data will generally be kept at our headquarters in Fort Worth, Texas, U.S.A. It may in the course of internal use be shared with the offices of our wholly-owned Alcon affiliate in your country of residence, as applicable.
We may collect Personal Information from you, such as contact information, demographic information (i.e. your zip code) or information regarding your opinion of a product or service, via online surveys or related research tools. This may be used by Alcon to better provide you with information and services that you requested or may find useful.
We also may use your Personal Information to provide you with updated information on Alcon products and services, to alert you to special product and service offerings, or to engage in other targeted marketing activities.
You may elect not to have your Personal Information used for any of these purposes ("opt-out") by notifying us at the address listed above or by contacting us via the Web site. Where applicable, you also may opt out by checking the box that indicates, "Check here if you do not want Personal Information disclosed or used." In certain cases where appropriate or required by local law, we first may ask for your consent ("opt-in") before communicating with you.
Collection and Use of Non-Personal Information
Our Web services automatically gather certain non-personal information about the usage of our sites. We collect this Non-Personal Information only on an aggregate basis and we may analyze such data for trends and statistics in the aggregate and without any link to personally identifiable data.
The following collective data, which is used for internal purposes, may help us improve your online experience:
Cookies
To enable us to provide customized and personalized services, we may use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer. Cookies, by themselves, do not tell us any personally identifiable information about you. However, if you choose to furnish the site with personally identifiable information (i.e. your e-mail address), that information could be linked to the data stored in the cookie.
You have the ability to accept or decline cookies by modifying your browser settings. Please refer to your Internet browser's instructions or help screen to learn more about these functions. If you choose to decline cookies, you may not be able to fully experience the features of this Site or other Web sites that you may visit.
IP Address Tracking
Depending on your Internet connection, you may have a static or dynamic IP address that is assigned to your computer by your Internet service provider. This Internet Protocol (IP) address identifies you through a set of numbers that may (dynamic) or may not (static) change each time you log on. Alcon may collect IP addresses for the purposes of systems administration and site audits for usability. We do not ordinarily link a user's IP address to personally identifiable information of that user, meaning that each user's session will be logged, but the user remains anonymous. However, we may use IP addresses to identify users of our site when we feel it is necessary to enforce compliance with the site's terms of use, or to protect our service, site or other users.
Visitation and Login Tracking
We may track the total number of visitors to our Web sites, the number of visitors to each page of our Web sites, and the number of visitors that logs in to visit certain areas or utilize certain functionality of our Web sites. Such information is not linked to any personally identifiable information that can identify any individual person. We may share this information in aggregate form with corporate partners and/or third party vendors for analysis of the current uses of the Alcon Web sites and to assist in future Web site development and operating of our Web sites.
Security of Data Collected
Alcon takes very seriously its responsibility to keep your Personal Information, including your personal financial and health-related information, private. With all such data being stored at our corporate headquarters in Fort Worth, Texas U.S.A., we take all reasonable steps to protect your Personal Information through the use of technologies and processes such as access control procedures, network firewalls and physical security. These technologies and methods increase the security and privacy of information traveling to, from and within our Web sites.
We also safeguard Personal Information from unauthorized access. Only authorized Alcon employees or agents carrying out permitted business functions are permitted to access Personal Information. Employees who violate Alcon's privacy access policies are subject to disciplinary actions, including termination when appropriate. Alcon has implemented Secure Socket Layer (SSL) technology to protect the transmission of your personal information via the Internet. This technology encrypts the information prior to transmission over the Internet between your computer and our servers. While Alcon has implemented SSL technology for some purposes, we cannot guarantee the privacy of all transmissions to and from our Web sites.
Sharing Collected Data
Generally, collected data will be stored at our headquarters in Fort Worth, Texas U.S.A. and it may be shared with offices of our wholly-owned Alcon affiliates in your country or other countries as applicable. This includes Personal and Non-Personal Information as defined above.
We may share Personal Information and/or Non-Personal Information in aggregate or partial form with Alcon's wholly-owned affiliates, corporate partners and/or third party agents for analysis of the current uses of the Alcon Web sites, to assist in future Web site development and operating of our Web sites, and to furnish information to you about Alcon products and services.
We also may disclose Personal Information when required to do so by law or when such action is necessary or appropriate (a) to conform to the edicts of the law or comply with legal process served on Alcon, (b) to protect and defend the rights or property of Alcon, or (c) to protect the personal safety of users of our Web sites. We reserve the right to contact the appropriate authority at our discretion when it appears that activities that are illegal or violate Alcon's terms of service are taking place within the context of a member account.
Alcon is a global company and your Personal Information may be transferred across international borders. It may be transferred to countries that have different levels of data protection laws to the country from where you submitted your Personal Information. We make all reasonable efforts to maintain security of such Personal Information both during transit and at the final destination.
The Privacy of Children
We currently do not knowingly collect or use Personal Information from children or minors, as those terms are defined or understood under the local laws where a Web site user resides, and we will not do so in the future without first obtaining verifiable consent from a parent or legal guardian. Should a user whom we know to be a child or minor as defined by local applicable laws send Personal Information to us, we will only use that information to respond directly to that child, seek parental consent or provide parental notice.
Practices of Third Party Web Sites
Alcon is not responsible for the data collection, use practices or content found on the third party sites of merchants and other companies to which Alcon's Web sites may link, nor are we responsible for the data collection and use practices of those Web sites that link to Alcon Web sites.
Links To and From Alcon Web Sites
Alcon provides links to various Web sites for your convenience. Alcon does not monitor content on Web sites to which is links for accuracy and shall have no responsibility or liability for the content contained on these sites. Alcon does not monitor content on Web sites linking to Alcon Web sites.
Alcon does not require requests for, nor provide consent for, links to its Web sites. Links to Alcon Web sites must be in accordance with Alcon's Linking Policy. In turn, Alcon does not request permission to link to Web sites except where expressly requested by the owner of those Web sites.
Alcon reserves the right to demand the removal of links to its Web sites at any time for any reason and also responds to requests to remove links from its Web sites. Such requests should be sent through the contact us form on the corporate Alcon.com Web site and must indicate the link, where the link was found, the reason for the request and the authority of the requestor to make the request. This authority must include direct ownership of the Web site in question.
If you have complaints about any link from any Alcon Web site, please contact us.
Consent and Agreement
By using the Alcon Web sites, you signify your agreement to the terms and conditions of this Privacy Policy. If you do not agree to these terms and conditions, please do not disclose any Personal Information to the Alcon Web sites. If you have any questions or comments about our use of Personal Information or about this Privacy Policy, please contact us via this Web site or at the address listed above. Alcon will use reasonable efforts to promptly investigate any complaint you may have regarding our use of Personal Information and to comply fully with the legal and regulatory supervisory authorities responsible for enforcing our adherence to the privacy principles stated above.
Changes to Policy
This Privacy Policy may be revised periodically. By using Alcon Web sites, you acknowledge our right to change this Policy, without prior notification. We recommend that you visit our Policy regularly so that you are aware of any changes made to this Policy.
Privacy Policy Last Updated: April 4, 2007
Linking Policy
Alcon, Inc. and its affiliates (collectively, "Alcon") permits links to its Web sites, provided that such links do not improperly represent an endorsement by or affiliation with Alcon or any of its products, or otherwise adversely impact Alcon, and provided that you act pursuant to the terms below. It is not required that you submit a request to link to any of Alcon's Web sites.
By linking to any page on any of Alcon's Web sites, you hereby agree to abide by the Alcon Legal Terms of Use, as well as the terms and conditions below:
- Links must be text-based and use appropriate company names, domain names, logos, or trademarks with accompanying notice and descriptive words, such as: "Alcon, Inc.", "Alcon Laboratories, Inc.", www.alcon.com, www.pataday.com, "PATADAY® ophthalmic solution", etc. (the "Licensed Marks"). Subject to the terms and conditions set forth herein, Alcon grants you a non-exclusive, personal, worldwide and royalty-free right to use the Licensed Marks for the purpose of establishing a hyperlink in accordance with these terms and conditions and for no other purpose. Except as expressly provided herein, Alcon does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. Your use of the Licensed Marks shall comply with Alcon's standards and guidelines, and Alcon shall have the right to inspect your use of the Licensed Marks. All goodwill arising from the use of the Licensed Marks shall inure to the benefit of Alcon.
- You may not use Alcon logos as a link unless you also provide a text link incorporating a Licensed Mark below the graphic logo (e.g., Alcon, Inc.; Alcon Laboratories, Inc.; or www.alcon.com).
- By linking, you acknowledge and agree that, other than as set forth herein, all rights to the Licensed Marks, other Alcon marks, the content appearing on the Alcon Web site and the design of the Alcon Web site belong to Alcon, Inc.
- You may not create a border environment (e.g., frames) around Alcon Web pages or use other programming techniques that alter in any way the visual presentation or appearance of Alcon's Web site.
- You may not modify the content presented on the Alcon Web site(s), or interrupt or attempt to interrupt the function of the Web sites in any way. You may not republish the content presented on any Alcon Web site without Alcon's written permission.
- You must not misrepresent your relationship with Alcon or present false or misleading impressions about Alcon. No links to Alcon's Web site may be used in a manner that implies or suggests that Alcon approves or endorses you, your Web site or your goods and services (in all cases, except as Alcon may have agreed separately with you in writing).
- Alcon shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend Alcon against all claims arising out of or based upon your Web site.
- You may not link to any Alcon Web site from any page within your Web site that recommends or discusses the use of any Alcon product in a manner that has not been approved by your local country's regulatory body or medicines authority, such as the United States Food and Drug Administration.
- You may not link to Alcon Web sites if your Web site contains material that could be construed as libelous, distasteful, offensive, harassing, obscene or criminal; or that infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
- Alcon may at any time, in its sole discretion, without cause, revoke your right to use the Licensed Marks and your right to link to any pages on the Alcon Web site. In such event upon request, you agree to immediately remove all links to Alcon's Web site and to cease using the Licensed Marks.
If you have questions about this policy or links that you are considering, please contact us. Alcon, Inc. reserves the right to change this linking policy at any time. Changes will be posted on this page.
Terms & Conditions
Legal Terms of Use
Overview
These Terms of Use shall apply to your use of any Alcon Web sites (referred to as "Alcon's Web sites" and the "Web sites").
Alcon's Web sites are owned and operated by Alcon, Inc., a global company based in Hünenberg, Switzerland, and its affiliates (collectively "Alcon"). The Web sites are designed to provide general information about Alcon and its products and services. Nothing contained on Alcon's Web sites is intended to offer medical advice for the treatment of illness or disease, or to be a substitute for professional medical advice, diagnosis or treatment. Should you have a medical condition, promptly see your healthcare provider. Specific questions pertaining to your medical condition and appropriate treatment should be directed to your healthcare provider. You should never disregard professional medical advice or delay in seeking it because of something you have read on Alcon's Web sites. Before using any product or service discussed on the Web sites, please consult your healthcare provider.
In addition, nothing presented here is intended to provide instructions on the use of the products supplied by Alcon. For specific information and instruction relative to Alcon's products and services, please refer to the product labeling supplied with all Alcon products.
Acceptance of Terms
Alcon's Web sites are offered to you, subject to the following terms, conditions and notices contained or referenced herein (the "Terms of Use"), which govern use of the Web sites. By using the Web sites, you signify your agreement to the Terms of Use. If you do not agree to all of these Terms of Use, please do not use Alcon's Web sites. Alcon reserves the right, at its discretion, to update or revise the Terms of Use without notice to you. Your continued use of the Web sites following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.
Alcon's Privacy Policy
Information you provide through Alcon's Web sites is subject to Alcon's Privacy Policy. If you provide any information via the Web sites it shall be deemed that the content is not confidential. Alcon shall be free to use this information. In addition, if you give any feedback to Alcon, it shall be deemed that the content is not confidential. Alcon shall be free to use any ideas, concepts, know-how or techniques contained in your feedback for any purpose and to reproduce and disclose the information to third parties without limitation.
Scope of Use
Alcon's Web sites and the information contained in reference herein are for general informational purposes only. Any reproduction or copying of any materials or design elements of the Web sites is strictly prohibited, without the prior written consent of Alcon. Requests for permission to reproduce any information contained on the Web sites should be addressed to Alcon Laboratories, Inc., c/o Corporate Communications, mail code TA-7-5, 6201 South Freeway, Fort Worth, TX 76134 USA.
Notwithstanding the above, Alcon authorizes you to make one (1) electronic or paper copy of the information posted on any page on the Web sites, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on Alcon's Web sites. Systematic retrieval of data or other content from the Web sites to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Alcon is prohibited.
Government Regulations
Alcon offers products and services to diagnose, prevent and treat diseases of the head and neck, principally the eye, ear and nose. These products, used by healthcare professionals, are regulated by government agencies in each of the countries in which Alcon does business, such as the Food and Drug Administration of the United States, or the Committee on Safety of Medicine in the United Kingdom. Please check with the relevant government agency and regulatory authority for information appropriate in your country.
Alcon's Web sites contain information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
Nothing contained on Alcon's Web sites should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by any referent law or regulation in your jurisdiction. Specific questions about the availability and use of products described on Alcon's Web sites should be directed to the office of your local Alcon affiliate.
Links to Third-Party Sites
Alcon's Web sites may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Alcon and Alcon is not responsible for the contents of any Linked Site, including, without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Alcon is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by Alcon in favor of any company offering Internet services, products or services on the Linked Site. Alcon accepts no responsibility for any loss or damage that may arise from your use of or reliance on any content products or services available on or through a Linked Site.
Links from Third-Party Sites
You may link to Alcon's Web sites provided you do so in a way that is fair and legal and in accordance with Alcon's Linking Policy.
Alcon reserves the right to withdraw, without notice, your permission to link to the Web sites.
Account, Password, Confidentiality and Security
You may be required to provide an account and password to access portions of Alcon's Web sites. You agree to be fully responsible for all access, use and activities that occur under your account and password. You are solely responsible for maintaining the confidentiality of your account and password. You must NOT disclose your account and password to anyone. You must NOT leave any computer unattended while logged on to any of Alcon's Web sites. You agree to immediately notify Alcon of any breach of security of your account or password, such as theft, unauthorized use, attempted use, or tampering. You agree to exit and log out from your account at the end of each session. The account and password must not be transferred from the person that it was issued to. Replacement accounts can be obtained from Alcon.
No Unlawful or Prohibited Use
As a condition of your use of Alcon's Web sites, you warrant that you will not use the Web sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Web sites in any manner that could damage, disable, overburden, or impair the Web sites or any user of the Web sites, or interfere with any other party's use of the Web sites. You may not use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Web sites or to intercept or expropriate any system, data or personal information from the Web sites. You also agree that you will not upload, post or transmit any communications or content of any type that (1) infringes or violates any rights of any party, (2) is false, inaccurate, misleading or fraudulent, (3) violates any applicable law, statute, rule or regulation. You will not use the Web sites to access any third party sites or cause damage to them.
Intellectual Property
You acknowledge and agree that information presented to you through the Alcon Web sites is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Alcon, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web sites in whole or in part. Any rights not expressly granted herein are reserved.
Notice of Copyright Infringement
Notice of claims of copyright infringement on Alcon's Web sites may be sent to:
Alcon Legal Department: Intellectual Property Counsel
Alcon Laboratories, Inc.
6201 South Freeway
Fort Worth, TX 76134 USAAlcon will endeavor to remove in a timely manner any content which infringes the copyright of any person under the laws of the United States upon receipt of written notice in a manner consistent with the requirements set forth in 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
Trademark and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all Alcon or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Alcon or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on Alcon's Web sites confers on you any license or right under any patent or trademark of Alcon or any third party.
Disclaimer of Warranties
All materials, information, products and services included in or available through Alcon's Web sites are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Alcon has made and will continue to make diligent efforts to include accurate and up-to-date information on the Web sites. However, Alcon makes no warranties or representations, express or implied, that the information contained or referenced in the Web sites is accurate, complete, reliable or correct; that the Web sites will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. You agree that all access to and use of the Web sites, any Linked Site and the contents thereof are at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Limitation of Liability
Neither Alcon nor any party involved in creating, producing or delivering Alcon's Web sites, or any Linked Site, shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use the Web sites or any Linked Site, or any errors or omissions in the content thereof. Alcon reserves the right to alter the content of the Web sites in any way (including removing links to any Linked Sites), at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. In addition, Alcon expressly disclaims any and all liability related to, arising from, or connected with a third party Linked Site.
These limitations apply whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if Alcon has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Alcon's liability in such jurisdictions shall be limited to the maximum extent permitted by law and any exclusion or restriction on liability for death or personal injury arising from Alcon's negligence or fraud will not apply if it is prohibited in your jurisdiction.
Indemnification
You agree to defend, indemnify and hold harmless Alcon and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees from and against any and all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Web sites, your use of the Web sites, your violation of the Terms of Use or your violation of any rights of another person or entity.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law rules. You and Alcon expressly agree to submit to the exclusive jurisdiction and venue of the courts in Tarrant County, Texas, in all disputes arising out of or relating to the use of the Web sites.
Severability and Integration
Unless otherwise specified herein, these Terms of Use (together with the documents referred herein) constitute the entire agreement between you and Alcon and govern your use of the Web sites, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Alcon. If any portion of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
No Waiver
The failure of Alcon to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship will exist between you and Alcon as a result of these Terms of Use or your use of the Web sites. Nothing contained in these Terms of Use is in derogation of Alcon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web sites or information provided to or gathered by Alcon with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination
Alcon reserves the right, in its sole discretion, to terminate your access to all or part of the Web sites, with or without notice to you. You agree that Alcon shall not be liable to you or any third party for any termination of your access to the Web sites.