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1. CONTROLLER’S IDENTITY

The website https://slyndhcp.wpengine.com/ (hereinafter, the “Website”) owned by Exeltis Ph. Holding, S.L. (hereinafter, “Exeltis”), with registered offices at 180 Park Ave, Suite 101 Florham Park, NJ 07932 and Tax Identification 22-1942453. Exeltis, and all the subsidiaries dedicated to pharma sector are globally known as Insud Pharma (hereinafter, “Insud Pharma Group”).

Exeltis welcomes you, and strongly recommends to read carefully the following Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) which explain the terms and conditions that will be applicable to your navigation through the Website in accordance with U.S. Federal and state of New Jersey law. Exeltis may modify these Terms and Conditions in the future, therefore we recommend you to review periodically this agreement in order to be properly informed on the changes.

With the purpose of making the Website as transparent, plain and simple as possible, you (hereinafter, the “User”) will be able to send any question or request related to the Terms and Conditions by contacting Exeltis by email, sending your request to dataprotection@insudpharma.com

The User undertakes to use the services and utilities provided by the Website in accordance with current legislation, these Terms and Conditions and moral standards, good practice and public order.

2. OBJECT

Exeltis provides the contents and the services available in the Website which will be governed by these Terms and Conditions and the Cookies and Privacy Policy that you, as “User”, expressly accept to have read and understood.

Access or use of the Website confers you the condition of User, this means your full acceptance of these Terms and Conditions which will be available on the Website. Exeltis reserves the right, at our sole discretion, to modify or replace this Terms and Conditions at any moment. It will be responsibility of the User to read carefully these Terms and Conditions each time he visits the Website, if the User disagrees with any of these Terms and Conditions he must refrain from using the Website.

Likewise, we inform you that Particular Conditions for the use of specific contents or services of the Website could be established, if you use the mentioned contents or services it will imply your acceptance of the Particular Conditions.

3. ACCESS AND USE OF THE WEBSITE

The User is aware and expressly and voluntarily accepts that using the Website will be at his own risk and responsibility.

When using the Website, the User is fully committed to avoid any behaviour that could harm Exeltis’ or third parties reputation, interests, rights or use the Website in a way that causes, or is likely to cause any damage or an interruption in the normal use of the Website.

Exeltis implements reasonable security measures for virus detection. Nonetheless, the User must be aware that security measures are not entirely trustworthy and Exeltis cannot guarantee the non-existence of viruses or other elements which might produce alterations in your systems (software and hardware), electronic documents and data files included in them.

4. WEBSITE CONTENT

Exeltis offers the User the following possibilities:

  1. Learn more about Slynd®.
  2. If of healthcare professional standing, ability to submit a medical question or request samples to be sent to office.
  3. Download Savings Cards to save on Slynd® prescription at pharmacy.
  4. Download a Doctor Discussion Guide to discuss Slynd® with a health care provider.
  5. Connect with a doctor to book a telemedicine appointment.
  6. Read about blogs related to birth control.
  7. Submit feedback on user experience with Slynd®
  8. Contact information with Pharmacovigilance Department.

5. PRIVACY AND COOKIES POLICY 

In accordance with the provisions of the U.S. Federal and State laws, as well as European Data Protection Regulation, Exeltis informs you on the existence of automated and non-automated files owned by Exeltis where data collected through the Website is stored. Likewise, the California Consumer Privacy Act of 2018 (CCPA) gives consumers with their residence in California the right to know what categories of personal data are collected and processed and how and for what purposes Exeltis shall use and share that information.

For additional information please read our Privacy and Cookies Policy.

6. INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the contents displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trademarks, or any other sign susceptible of industrial use and / or commercial are subject to Intellectual Property rights and all trademarks, or distinctive signs, all rights of industrial and intellectual property, content and/or any other element included in the page, which are the exclusive property of Insud Pharma Group , who has the exclusive right to use them in economic traffic. Therefore, the User agrees to not reproduce copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding Exeltis or Insud Pharma Group harmless from any claim arising from the breach of such obligations.

In any case the access to the Website implies any type of waiver, transfer, license or total or partial assignment of the mentioned rights, unless expressly stated otherwise. These Terms and Conditions do not confer on the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its contents other than those expressly provided herein. Any other use or exploitation of any right will be subject to the prior and express authorization specifically granted for this purpose by Insud Pharma Group, or by the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, software, source codes and, in general, any intellectual creation existing on this Website, as well as the site, as a multimedia artistic work, are protected as copyright by Intellectual Property legislation. Insud Pharma Group owns the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, they have the corresponding license for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is granted, for written, of the mentioned company.

Likewise, it is forbidden to delete, ignore and / or manipulate the “copyright” as well as the technical protection devices, or any information mechanism that the contents may contain. The User of this Website undertakes to respect the mentioned rights and to avoid any action that could harm them, Exeltis or Insud Pharma Group reserve in any case the exercise of any legal actions in defence of its intellectual and industrial property legitimate rights.

7. USER’S OBLIGATIONS AND RESPONSIBILITIES

The User hereby undertakes to refrain from using the Website for any purpose forbidden by these Terms and Conditions. The User is responsible and liable for the use of the Website. Furthermore, the User shall comply with any obligation required by the applicable legislation.

The User, in addition, must: (i) have the means and meet the technical requirements that are required to access the Website and make use of the available services through it; and (ii) provide truthful information when filling out the forms contained in the Website with his personal data and keeping them updated at all times, responding at all times to the User’s current situation. The User will be solely responsible for the false or inaccurate statements and the damages caused to Exeltis related to the information provided.

The User must also refrain from:

a) Making an unauthorized or fraudulent use of the Website and / or content for illegal purposes or the ones prohibited in these Terms and Conditions, harmful to the rights and interests of third parties, or in any way that may damage, disable, overload, deteriorate or prevent the normal use of the services, documents, files and all kinds of content stored on any computer;

b) Accessing or attempting to access restricted resources or areas of the Website, without complying with the conditions required for the mentioned access;

c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties;

d) Introducing viruses in the network computer or any other physical or logical system that is likely to cause damage to the physical or logical systems of Exeltis or third parties;

e) Attempting to access, use and / or manipulate Exeltis’s and other Users data. Reproduce, copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorisation of the owner of the rights or it is legally permitted;

f) Deleting, hiding or manipulating the information on intellectual or industrial property rights and other data identifying the rights of Exeltis , Insud Pharma Group or third parties incorporated into the contents, as well as technical protection devices or any information mechanism that can be inserted in the contents;

g) Obtaining or attempting to obtain contents using means or procedures other than the ones that have been made available for this purpose or have been expressly indicated on the websites where the contents are or, in general, of those that are commonly used on the Internet because they do not involve a risk of damage or disablement of the Website and / or the contents;

h) The User undertakes to not transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that may:

1. In any way, is contrary or violate the fundamental rights and freedoms recognized by the U.S. Federal and State laws, International Treaties and any other valid and applicable legislation;

2. Induce or promote actions of a criminal nature, slanderous, defamatory, violent or, in general, contrary to the law, morality, generally accepted good practices or public order activities;

3. Induce or promote discriminatory actions, attitudes or feelings based on sex, race, religion, beliefs, age or sexual condition;

4. Gather, make available or allow access to products, elements, messages and / or services of a criminal nature, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public order;

5. Induce or may induce to an unacceptable state of anxiety or fear;

6. Induce or promote to participate in dangerous, risky or harmful practices for health and psychic balance;

7. Is protected by the intellectual or industrial property legislation belonging to Exeltis or Insud Pharma Group, without having authorized the intended use;

8. It is contrary to honour, personal and familiar privacy or people’ s own image;

9. Constitutes any type of non-consensual advertising;

10. Include any virus or program that prevents the normal use of the Website.

8. LIMITATION OF LIABILITY

Exeltis will be responsible for ensuring, except for force majeure reasons, the proper functioning of the Website, avoiding technical inconvenience and any other actions that may limit and / or partially interrupt the use thereof by Users.

Exeltis does not guarantee continued access, or the correct viewing, downloading or use of the elements and information contained in the pages linked to this Website, and that may be impeded, hindered or interrupted by factors or circumstances beyond its control. Exeltis is not responsible for the decisions that may be adopted as a result of access to contents or information offered through these linked sites.

Exeltis may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to these Terms and Conditions. Exeltis shall not be responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for deleting, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it will not be responsible for the damages that could be derived, among others, from:

a) Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the electronic systems, caused by deficiencies, overloads and errors in telecommunication networks, or by any other cause beyond the control of Exeltis;

b) Illegitimate intromissions through the use of malicious programs of any kind and through any means of communication, such as viruses or any other;

c) Improper or inappropriate abuse of the Website;

d) Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof;

e) Exeltis excludes any liability for damages of any nature due to the misuse of the available services by Website Users. Likewise, Exeltis will be exempt from any responsibility related to content and information that may be received as a result of an illegal or incorrect use of said services.

9. INDEMNITY OF EXELTIS

The User shall protect, indemnify and hold Exeltis harmless from any loss or damage arising from claims, actions or demands of third parties as a result of its use of the Website. Likewise, the User shall indemnify Exeltis against any damages arising from the use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action that imposes an unreasonable burden on the use of the Website.

Access to the services or contents provided through the Website will be made under the exclusive responsibility of the Users. In case of minors or incapacitated persons, the responsibility will correspond to their parents, representatives or legal guardians, who must supervise or take the necessary precautions during their navigation through the web pages.

If you negligently or willfully fail to comply with any of the obligations set forth in these Terms and Conditions, you will be liable for all damages and losses that may arise for Exeltis related to the breach.

10. CHANGE OF CONTROL

In the event that Exeltis is acquired by or merged with a third party entity, Exeltis reserves the right to transfer or assign its contractual position as well as the information collected from the Users as part of such merger, acquisition, sale, or other change of control.

The third entity shall comply with the requirements states by Exeltis in the Terms and Conditions and in the Cookies and Privacy Policy.

11. INTERNATIONAL USE AND LANGUAGE

The use of the Website by the User located at a country other than the United States will be under the responsibility of the User. The User is solely responsible to comply with the laws of the countries from which he uses the Website.

The present conditions may be translated into certain languages to ensure that they can be read and understood by all of our users, they are aware and accept that always the English version shall prevail in the assumption that might exist contradictions between the different versions and that these conditions are subject to federal and state of New Jersey laws.

12. CHANGES IN THE TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions. When this happens, a notice will be included on the Website indicating and informing Users that modifications have been made.

13. NULLITY AND INEFFICIENCY OF THE CLAUSES

If any clause included in these Terms and Conditions is declared totally or partially invalid, null and void, such invalidity or nullity will only affect the mentioned provision or the part that is null or ineffective, while the remaining parts of these Terms and Conditions will continue to apply, considering such provision totally or partially as not included.

14. GOVERNING LAW AND JURISDICTION

The relationship between Exeltis and the User will be governed under the laws of the State of New Jersey in force and any dispute will be submitted to the Courts of New Jersey, renouncing to any other venue they may be subjected to. Exeltis will pursue the breach of these Terms and Conditions, as well as any improper use of the Website by exercising all civil and criminal actions that may correspond by law.

15. CONTACT INFORMATION

You may contact us in the following email address:

Email: dataprotection@insudpharma.com.

COOKIES POLICY

We inform you that Exeltis uses a technology called “Cookies” with the purpose of facilitating User’s navigation and providing him information during their use of our Services.

In Exeltis we fulfil with privacy and electronic communications laws and in particular with those provisions related to the use of Cookies. Users will be able to find in this Cookies Policy information related to the types of Cookies that we use, the purpose for their use and the different options for managing or deleting them. If you require additional information on Cookies that are used in the Services, please contact by email dataprotection@insudpharma.com.

1. What are cookies?
A Cookie is a file that may be stored on your computer or mobile device with the purpose of storing data that may be updated and recovered by the company responsible for its installation, this is Exeltis. This may include pages you have visited, choices you have made from menus, any specific information you have entered forms and the time and date of your visit. Depending on their use and content, cookies may be used to recognize the User.

2. What types of cookies do we use and for what purpose?
When navigating through the Services, Users are using cookies from Exeltis and from third parties. Third party cookies are those that are managed by service providers external to Exeltis. Our Services uses the following Cookie types:

  1. Technical and Personalization Cookies are required to allow the User to use different options or services offered in the Services. If these Cookies are disabled, you will not be able to properly receive our contents or services.
    1. Login Cookies designed to collect and store data while the User accesses the Services. They are usually used in the context of the provision of a service requested by the User on a single occasion.
    2. Permanent Cookies or persistent cookie are data files capable of providing Services with user preferences, settings and information for future visits. Persistent cookies provide convenient and rapid access to familiar objects, which enhances the user experience.
  2. Analytics Cookies, these Cookies are used to tracking and analysing user’s behaviour. If these Cookies are disabled, the Services will continue functioning, notwithstanding the information collected by these Cookies allows us to improve our Services.

Cookie Type: TECHNICAL

Description: These Cookies are essential to improve your navigation experience and the proper functioning of our Services.

The Cookies are essential for remembering previous settings so you do not have to reconfigure them every time you visit us.

Categories of Third Parties:

      • Our affiliates
      • Our service providers
      • Network and security services
      • Third parties assisting with fraud prevention, detection and mitigation
      • Third party network advertising partners
      • Social Media platform companies
      • Our lawyers, auditors and consultants
      • Other third parties as required by law

Third Party Services:

      • Assisting with information technology and security programs which may involve retaining information on malware threats detected
      • Fraud prevention, detection and mitigation
      • Disclosing information to advertising partners

Cookie Type: LOG

Description: These Cookies are created when you register or log in into our Services.

Categories of Third Parties:

      • Fulfilment centers
      • Telehealth providers
      • Online pharmacies

Third Party Services:

      • Order processing and fulfillment
      • Progress Tracking on Questionnaires
      • Telemedicine
      • Email/Text Follow-up to Customers upon consent

Cookie Type: ANALYTICS

Description: These Cookies collect information related to your navigation experience in our Services anonymously.

We are able to quantify how many visitors reach the Services or the most viewed contents.

Categories of Third Parties:

      • Website analytics
      • Social media analytics
      • Banner Advertising Analytics

Third Party Services:

      • Track unique visits to each page, source of traffic, and click behavior
      • Track clicks/views on banner/social digital advertisements.

Cookie Type: SOCIAL

Description: Each social network uses its own cookies so that you can click on “Like” or “Share” buttons.

Categories of Third Parties:

      • Facebook
      • Instagram

Third Party Services:

      • Creating organic posts for Facebook and Instagram
      • Tracking clicks and engagement on organic posts and advertisements

Cookie Type: BEHAVORAL ADVERTISING

Description: They allow the management of Services advertising spaces. They store information on the behaviour of users obtained through continuous observation of their browsing habits, which allows the development of a specific profile to show advertising according to it.

Categories of Third Parties:

      • Google Search
      • Facebook
      • Instagram
      • Digital Banner Advertising Vendors

Third Party Services:

      • Collects data on user behavior to influence/enhance advertising strategy

3. When do I consent to the use of cookies?
When Users reach our Website and before starting their navigation, they will be warned about the use of Cookies, so that Users can give their consent in relation to our Cookies Policy. If the Users do not accept the use of Cookies they must stop navigating and leave the Website or follow the browser instructions to disable Cookies, as explained below.

4. Data Protection and Cookies
Exeltis by automatically obtaining information from the Website through cookies, may collect personal data from Users, relating to their computer device, use of the Website or their patterns of behaviour. This information may include data concerning the language, keywords, date, time, how long the User spends on certain types of pages, IP address, advertising identifier, what section of the page the User has visited and similar information concerning the use of the Website. Exeltis may collect such information using cookies.

In this sense, regarding information that identifies or makes identifiable Users, the provisions of the Privacy Policy shall apply. For any questions about how long we keep the personal data obtained through Cookies, or if Users wish to exercise the rights of access, rectification, erasure or objection, they may consult the Privacy Policy or contact us at the following address dataprotection@insudpharma.com.

5. How may I disable and block cookies?
At any time, the User will be able to disable Cookies and continue navigating, although navigation will be limited and could be blocked at some point. The User may be able to block or disable them in the browser settings, which permits to reject the installation of all the Cookies or part of them. Most browsers allow the possibility of informing of the existence of Cookies or reject them automatically. If you reject Cookies, you will be able to continue using our Website, although some functionality will be limited negatively impacting on your experience in our Website.

In order to not being tracked by Google Analytics in the Website, visit the following link: https://tools.google.com/dlpage/gaoptout?hl=es.

Unless Users have adjusted the settings of your browser, our systems will create Cookies when accessing to the Website and accept our Cookies Policy. Please note that all browsers allow the possibility of adjusting their settings for that matter.

In order to obtain more information related to the way of adjusting the settings of each browser, please visit the following links:

Internet Explorer:
http://support.microsoft.com/kb/196955
http://support.microsoft.com/kb/283185
http://www.allaboutcookies.org/manage-Cookies/internet-explorer7- plus.html
http://www.allaboutcookies.org/manage-Cookies/internet-explorer8- plus.html
http://windows.microsoft.com/is-IS/windows7/How-to-manage-Cookies-in-Internet-explorer-9

Firefox:
http://support.mozilla.org/en-US/kb/cookies

Chrome:
http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647

Safari:
http://support.apple.com/kb/PH5042

iOS:
http://support.apple.com/kb/HT1677

6. How may I revoke my consent?

Users will be able, at any moment, to revoke their consent related to use of Cookies, in order to do so Users will have to delete all Cookies stored in their computer or mobile device through the settings menu of the Internet browser.

Nevertheless, we inform you that deleting or disabling Cookies may affect to the functionalities of our Website and limit the access to certain areas or functionalities provided through the Website.