Privacy & Terms of Use

Privacy Policy | Terms & Conditions | Code of Ethics

BeneChill’s Privacy Policy

This Privacy Policy describes how we handle the personal information that you provide to us on our web site. It does not apply to information collected from you in different forums, including offline information collection. We understand the importance of privacy to our customers and visitors to our web site. Please be sure to read this Privacy Policy before using or submitting information to us. This Privacy Policy is subject to change from time to time, so please check back periodically. Your use of this web site is subject not only to this Privacy Policy, but also to this site’s Terms and Conditions. By accessing and using our web site, and by providing us with your information, you agree to be bound by this Privacy Policy.

Your Information

BeneChill® provides you with the opportunity to contact us about questions you may have about BeneChill or our products or services. As part of that process, BeneChill may collect personally identifying information, such as customer names, street or email addresses, phone numbers, or any other information which, when used by itself or with other data, might identify a customer or visitor to our web site individually. To protect your safety, you should not provide BeneChill with any personal information that is not specifically requested, such as your personal medical history. We will use the information you provide to respond to any direct question you asked. We may also use this information for other business purposes, such as offering you the opportunity to receive notices regarding existing or new BeneChill products or services, to invite you to participate in surveys about our products or services, to notify you about promotions we may be hosting, and to further personalize your experience on our site. Personal identifying information is used only for our legitimate business interests, including complying with applicable laws and regulations. We may share your personal information with our affiliates, business partners, and other limited and carefully screened third parties. We will also share your personally identifying information if required by law to do so. From time to time, we may also provide aggregate statistics about our customers, sales, online traffic patterns and related information to reputable third parties, but these statistics will not include any personally identifying or medical information.

Cookies

As part of offering and improving our products and services, we may use “cookies” to store and sometimes track information about our online customers and users. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. Cookies can make use of the Web easier by saving status and preferences about a web site. Some parts of our web site where you are prompted to log-in or that are customizable may require that you accept cookies. Cookies by themselves cannot be used to find out the identity of any user. Most browsers are initially set to accept cookies but users can change the setting to refuse cookies or to be alerted when cookies are being sent.

Children

We understand the need to protect children’s privacy online (we define “children” as minors younger than 13). We do not knowingly collect or use any personal information from children. We do not knowingly allow children to register with us, order our products or services, or communicate with us.

Your Control/Contacting BeneChill

You may, at any time, remove your personal identifying information from our current customer database. If you have submitted personal identifying information to BeneChill, and you wish to have it removed from our records, please email us at webmaster@BeneChill.com. To process your request, you must indicate on the subject line “Deletion Request.” However, for our record keeping purposes, we will retain personal identifying information you submitted for any previously completed contractual transactions. If you have other questions about this policy, the information you have provided to us, or wish to notify us that you do not want your information shared with unaffiliated third parties, please contact us at webmaster@BeneChill.com and please include the email address used for registration. Again, in order to process your request, you must include a detailed explanation of your request. We will respond to all reasonable requests as soon as feasible.

Security

BeneChill is committed to providing reasonable measures to protect your personal identifying information from any unauthorized access or disclosure, and uses industry standard measures such as SSL technology to protect your information. In addition to the steps taken by BeneChill to protect your privacy, you should also take measures to safeguard your personal information.

BeneChill complies with the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. BeneChill has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit www.export.gov/safeharbor/

Privacy Complaints by European Union and Swiss Citizens:

In compliance with the US-EU and US-Swiss Safe Harbor Principles, BeneChill commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact BeneChill at:
privacycomplaints@benechill.com

Or:

BeneChill International AG
HZW / Alte Winterhurerstrasse 14
CH-8304 Wallisellen, Switzerland
Phone: +41 43 223 35 00
Fax: +41 43 233 35 09
Web: www.benechill.com


BeneChill, Inc.
10060 Carroll Canyon Rd Suite 100
San Diego, CA 92131
Phone: +11 858 695 8118
Fax: +11 858 695 8163
Web: www.benechill.com

BeneChill has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by BeneChill, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

Online Terms of Use and Conditions

Your access to BeneChill.com is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing or using this web site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms and Conditions. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this web site after posting by us of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this web site, your sole and exclusive remedy is to discontinue using this site.

DISCLAIMERS

You acknowledge and agree that:

  1. Although we strive to provide on this web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. BeneChill reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
  2. BENECHILL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE. BENECHILL HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL BENECHILL BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER BENECHILL HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
  3. BeneChill is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this web site, BeneChill will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its web site. Such information should, therefore, be considered as suspect and is not endorsed by BeneChill.
  4. This web site may contain forward-looking statements that reflect BeneChill’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future product trials, ongoing commercialization of its products, regulatory approvals of products, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. BeneChill intends to update this site on a regular basis but assumes no obligation to update any of the content.

YOUR USE

You understand, acknowledge, and agree to the following:

  1. By using this web site, you agree not to disrupt or intercept our electronic information posted on this web site or on any of our servers. You also agree not to attempt to circumvent any security features of the web site, and to abide by all applicable local, state, federal and international laws, rules and regulations.
  2. You grant to BeneChill the right to use all content you upload or otherwise transmit to this web site, subject to these Terms and Conditions and BeneChill’s Privacy Policy in any manner BeneChill chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
  3. Except as expressly stated and agreed upon in writing in advance by BeneChill, no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written or electronic communication to BeneChill (such as feedback, questions, comments, suggestions, ideas, etc.). If any BeneChill web site page requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), BeneChill shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and BeneChill shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to BeneChill is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

PRODUCT LABELING

Unless otherwise noted, product and service names, descriptions and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Some of the products listed may be available only by prescription. Except as expressly stated and agreed upon in writing in advance by BeneChill, no director, employee, agent, or representative of BeneChill, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this web site.

INTELLECTUAL PROPERTY

The information, documents, and related graphics published on this web site (the “Information”) are the sole property of BeneChill, except for information provided by third-party providers under contract to BeneChill, its subsidiaries or affiliates. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Internet site are used separate from accompanying text. BeneChill is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of BeneChill.

All product names appearing in italics are trademarks owned by or licensed to BeneChill, its subsidiaries or affiliates. No use of any BeneChill trademark, trade names, trade dress and products in this Internet site may be made without the prior written authorization of BeneChill, except to identify the product or services of the company.

PRIVACY AND SECURITY

BeneChill understands the importance of privacy to our customers and visitors to our web site. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our web site, you agree to be bound by that policy.

You recognize and agree that when submitting your personally identifiable information to BeneChill.com, while BeneChill has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, BENECHILL SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF BENECHILL HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BENECHILL DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

LIMITATION OF LIABILITY

BeneChill does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this web site. Reliance on these materials, information and opinions is solely at your own risk. BeneChill disclaims any liability for injury or damages resulting from the use of this web site, or the content contained thereon.

THIS BENECHILL WEB SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL BENECHILL, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “BENECHILL PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY BENECHILL AND WHETHER OR NOT BENECHILL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEB SITES OWNED OR OPERATED BY BENECHILL, ITS SUBSIDIARIES OR AFFILIATES.

GENERAL

You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. BeneChill.com was created and is operated under the laws of the State of California. The laws of the State of California will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to BeneChill.com or these Terms and Conditions more than one (1) year after such claim or cause of action arose.

Code of Ethics

BeneChill® is dedicated to ongoing legal, regulatory, and ethical compliance in all areas of business. Accordingly, BeneChill has developed a compliance program with regard to payments to our healthcare professional customers which is applicable to all BeneChill employees and contractors.

BeneChill hereby adopts this voluntary Code of Ethics to comply with the law in its interactions with healthcare customers. BeneChill has modeled its Compliance Program after the “Compliance Program Guidance for Pharmaceutical Manufacturers” issued by the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) on April 2003. BeneChill has also followed the spirit of the AdvaMed Code on Interactions with Healthcare Professionals in establishing this Policy. BeneChill is adopting its own compliance program in response to the complex issues and the responsibilities involved in interacting with healthcare customers. BeneChill’s compliance program is in substantial compliance with California Health and Safety Code, Division 104, Part 15, Chapter 8, Sections 119400-119402 but is necessarily tailored to the nature of our business as a medical device manufacturer. This compliance program is internal to BeneChill and is not intended to convey any legal rights upon any customer, shareholder or other third party. It is solely a statement of intention and aspiration for BeneChill.

The OIG Guidance focuses on two potential risk areas for manufacturers which apply to BeneChill. They are as follows: (1) the integrity of data used by state and federal governments to establish payment for medical products; and (2) kickbacks and other illegal remuneration. The compliance measures BeneChill has and will adopt are unique to its business and the unique environment and size of the company. The ultimate responsibility for compliance lies not with BeneChill’s designated Compliance Officer, but with BeneChill’s Executive Committee.

BeneChill has established an annual limit on gifts, promotional materials, or items or activities that BeneChill may give or otherwise provide to an individual medical or health care professional. Certain items are exempt from the annual spending limit such as the value of samples, financial support for continuing medical education forums, financial support for health educational scholarships, and fair market value payments for legitimate professional services provided by a health care or medical professional, including, but not limited to, consulting, so long as those payments are provided in a manner that conforms to the BeneChill compliance program.

This declaration is made as of March 2008. This declaration and BeneChill’s compliance program will be updated annually but may be updated earlier in response to changing business, legal and ethical requirements and considerations. A copy of BeneChill’s written declaration of compliance and/or Code of Ethics may be obtained by calling (866) 395-6795 (toll free).