Privacy Policy and Terms

Emphilon’s Privacy Policy

Last Modified: August 28th, 2024.

Emphilon.com, the website and services of Emphilon Inc. (“Emphilon,” “we,” “our,” or “us”) understands that privacy is important to our online visitors and users. This Privacy Policy explains how we collect, use, share and protect your personal information that we collect on our website. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Service[SK1] .

1. WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE.

The categories of information we collect can include:

  • Information you provide to us directly: We may collect personal information such as first and last name, phone number, e-mail address, when you correspond with us, or otherwise provide us your information.
  • Information we collect from third parties: We may collect information about you from third party services. If used by us, the data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on such third-party websites and services before linking or connecting them to our website.

How we use this information. We may use this information to communicate with you, such as to send you email messages, and to follow up with you to offer information about our services (our “Service”) and your account.

For personal data subject to the GDPR, we rely on several legal bases to process the data. These legal bases include where:

  • The processing is necessary to perform our contractual obligations in our Terms of Service or other contracts with you (such as to provide you the Service as described in our Terms of Service);
  • You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
  • The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;
  • The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described above.

If you have any questions about or would like further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below.

2. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION.

We and our third party partners may automatically collect certain types of usage information when you visit our website. A cookie may also convey information to us about how you use our website (e.g., the pages you view, the links you click, how frequently you access our website, and other actions you take on our website), and allow us to track your usage of our website over time. We may collect log file information about your browser or mobile device each time you access our website. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on our website, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are not able to respond to Do Not Track signals from your browser at this time.

We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content, including targeted advertising; (c) provide and monitor the effectiveness of our website; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our website.

3. SHARING OF YOUR INFORMATION

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices About Your Information” section below.

We may share your personal information with:

  • Other companies owned by or under common ownership with Emphilon. These companies will use your personal information in the same way as we can under this Privacy Policy;
  • Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, billing, payment processing, email services, or providing analytic services;
  • Our business partners who offer a service to you jointly with us, or who partner with us to provide our services to you;
  • Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings; and
  • Third parties as required by law or subpoena or to if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to protect the security or integrity of our website; and/or (c) to exercise or protect the rights, property, or personal safety of Emphilon, our users, or others.

We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

4. YOUR CHOICES ABOUT YOUR INFORMATION

How to control your communications preferences: To the extent applicable, You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests.

Modifying or deleting your information: If you have any questions about reviewing, modifying or deleting your account information, you can contact us directly at [email protected].

5. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION IF YOU ARE RESIDENT IN THE EU AND SWITZERLAND

If you are located in the EU or Switzerland, you have the following rights in respect of your personal data that we hold:

  1. Right of access. The right to obtain access to your personal data.
  2. Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.
  3. Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.
  4. Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.
  5. Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.
  6. Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy.

You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

6. CHILDREN’S PRIVACY

Emphilon does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at [email protected].

7. LINKS TO OTHER WEB SITES AND SERVICES

Our website may integrate with or contain links to other third party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, or linked from our website and your interactions with any third-party website or service are subject to that third party’s own rules and policies.

8. HOW TO CONTACT US

If you have any questions about this Privacy Policy, the website, or any of our services, please contact us at [email protected].

9. CHANGES TO OUR PRIVACY POLICY

Emphilon may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy we will update the ‘last updated’ date at the top of this page.

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Emphilon’s Terms of use

Last modified: August 28th, 2024.

Overview

These Terms of Use are an agreement between you and Emphilon that govern your access to and use of this website. If you do not agree to these terms, please do not use this website.

Emphilon may, without notice to you and at any time, revise these Terms of Use. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of our webpages.

General

All content and services available through this website, including text, graphics, logos, images, sounds, downloads, and software, is the exclusive property of Emphilon or its content suppliers and is protected by the various applicable intellectual property laws in the United States and internationally. This website contains proprietary notices and copyright information, the terms of which must be observed and followed.

Except for the limited permission in the preceding paragraph, Emphilon does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you.

Rules of conduct

Your use of www.emphilon.com (or related websites) is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws.

You agree not to post or transmit through www.emphilon.com any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.

Some of the services available through the website may require you to open an account, for which you may register by providing us with current, complete, and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may not impersonate another user, use another user’s account without their permission, attempt to capture or guess other users’ passwords, forge headers or otherwise manipulate identifiers for any purpose. Please notify Emphilon immediately of any unauthorized use of your account. Emphilon will not be liable for any loss that you may incur as a result of someone else using your password or account.

You may not engage in any activity on www.emphilon.com which restrict or inhibit any other user from using or enjoying the website by hacking or defacing any portions of the website.

You may not post or transmit through the website any advertising or commercial solicitations; promotional materials; political campaign materials; software or materials that contain malware, viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, spam mail, or any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of website or contents. You may not harvest or collect information about website visitors without their express written consent.

Disclaimer

From time to time, this website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this website. This website may contain information about products and services that are not available in all jurisdictions or countries in which Emphilon does business.

If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.

This website may provide links or references to third-party websites and resources. Emphilon makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Emphilon website or resource, is not responsible for the contents of any linked website, and is not a party to or responsible for any transactions you may enter into with third parties.

Confidential information

Emphilon does not want to receive confidential or proprietary information from you through our website and any information sent through the website will be deemed NOT to be confidential. By sending Emphilon any information or material, you grant Emphilon an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Emphilon is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Personally-identifiable information that you submit to Emphilonf or the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the link at the bottom of this webpage entitled “Privacy” for information regarding Emphilon’s privacy policies.

Linking to this site

Emphilon consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Emphilon; (c) imply that Emphilon approves or endorses you or your service or product offerings; and (d) present false or misleading impressions about Emphilon.

DISCLAIMER OF WARRANTY

ALL CONTENT AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. EMPHILON EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. EMPHILON MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMPHILON BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF EMPHILONIS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.