PRIVACY POLICY, COOKIES POLICY & TERMS OF USE

Last update 8/24/2022

PRIVACY POLICY

What is personal data?

Personal data is information that can be used independently, or together with other information, to identify, localize or contact an individual. Examples of personal data include name, phone number and IP address.

Who is the Data Controller?

  • When you visit this website or interact with us, know that Photocure acts as “Data Controller.” Under applicable law, the “Data Controller” determines the purpose and the means of the processing of personal data and decides what personal data will be requested.
  • The Data Controller has the ultimate responsibility for your personal data to be processed in accordance with applicable data protection laws.
  • Processing of personal data includes all types of personal data handling, for example, collection, analysis, registration and storage.

How do we collect your personal data?

When you interact with us digitally, we collect personal data from you or from your use of our products or services or from your activities on the site, in particular:

When you communicate with us

  • When you subscribe to our newsletter, we collect your email address
  • When you contact us via email or phone, we collect any information you may provide

When you use our products and services

  • When you visit our website, we collect log data and use information related to your use of our products and services.
  • Like most websites and other Internet services, we may collect certain technical and device information about your use of our website.
    • Such information may include your IP address, information about your device, browser and operating system, and the date and time of your visit.

When you apply for a job opportunity

  • We can collect your name, email address, mailing address, phone number, CV as well as any other information you provide
  • We will keep your CV or application letter only when we are in a hiring process.

How do we obtain your consent?

  • We collect, use and disclose your personal data with your consent or as permitted or required by law. How we obtain your consent (that is, in what manner) will depend on the circumstances, as well as the sensitivity of the information collected.
  • Your consent may be express or implied, depending on the circumstances and the sensitivity of the personal data in question.
  • If you choose to provide personal data to us, we assume that you consent to the collection, use and disclosure of your personal data as outlined in this Privacy Policy.
  • Typically, we will seek your consent at the time your personal data is collected.
  • Where we want to use your personal data for a purpose not previously identified to you at the time of collection, we will seek your consent prior to our use of such information for this new purpose.
  • If you provide personal data about another individual to us, you are responsible for obtaining their consent to enable us to collect, use and disclose their information in accordance with this Privacy Policy.
  • You may withdraw your consent to our collection, use or disclosure of your personal data at any time by contacting us using the contact information in the “How can you contact Photocure?” section below.
  • However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services to you.

Why do we collect your personal data?

We collect your personal data for the following reasons:

To better serve you

  • To send you emails or newsletters.
  • To communicate with you following your initial contact and to answer your queries.
  • You can update your subscription settings and unsubscribe to further mailings.
    • You may opt out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us.
    • Or, if you created an online account when you registered to receive our emails, you may log in to your account and make changes to your communication preferences.
  • You may also opt out by contacting us directly using the contact information in the “Contact Details to Photocure” section below.

To improve our services

  • To obtain statistics and information about user behavior to improve our website and the corresponding user experience.
  • To protect the security and/or integrity of our website, our products and services, and our business.
  • To prevent, detect and investigate activity and transactions that are suspicious, fraudulent, or violate our website Terms of Use.
  • To identify you when you exercise your rights under this Policy.
  • As required or authorized by law.

How long do we keep your personal data?

We process personal data only for as long as it takes to fulfill the purpose of their collection or as permitted by law. Depending on the data we have collected, it may vary how long they will be kept.

How do we protect personal data?

Measures

We have implemented physical, organizational, contractual and technological security measures with a view to protecting your personal data and other information from loss or theft, unauthorized access, disclosure, copying, use or modification.

Restricted access

Only a limited number of people within Photocure has access to your personal data, either on a need-to-know basis or when their duties reasonably require such information.

Disclaimer

Despite the measure outlined above, no method of information transmission or information storage is 100% secure or error-free. So, we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information in the “How can you contact Photocure?” section below.

With whom do we share your personal data?

We do not sell your personal data to any third party. In the event there is an ongoing dialogue between you, us, and any of our business partners, we may need to share the personal data.

Service providers

When needed, we may rely on third party services providers or partners to perform a variety of services on our behalf.

For legitimate interests

Additionally, we may use and disclose your personal data when we believe such use or disclosure is permitted, necessary or appropriate:

  • under applicable law, including laws outside your country of residence;
  • to comply with legal requirements;
  • to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
  • to enforce the terms of the agreements for our products and services;
  • to protect our operations or those of any of our affiliates or subsidiaries;
  • to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others; and
  • to allow us to pursue available remedies or limit the damages that we may sustain. In addition, we may transfer your personal data and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

Other

If we otherwise intend to disclose your personal data to a third party, we will identify that third party and the purpose for the disclosure and obtain your consent.

If we provide your information to service providers, then we require that the service providers maintain the confidentiality and security of your personal data. We also require that they only use your personal data for the limited purposes for which it is provided. When our service providers no longer need your personal data for those limited purposes, we require that they dispose of the personal data. In some circumstances, we may permit our service providers to retain aggregated, anonymized or statistical information that does not identify you. We do not authorize the service providers to disclose your personal data to unauthorized parties or to use your personal data for their direct marketing purposes. If you would like more information about our service providers, please contact us using the contact information in the “How can you contact Photocure?” section below.

Where is the data stored?

We generally do not store data, but if we do, the data is stored in various systems. It depends on the personal data provided.

Your personal data may be stored and processed in in any country where we have facilities or in which we engage third party service providers. As a result, your personal data may be transferred to countries outside your country of residence, which may have different data protection rules than in your country. While such information is outside of your country, it is subject to the laws of the country in which it is located and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. However, our practices regarding your personal data will at all times continue to be governed by this Privacy Policy, Canadian applicable privacy laws and, if applicable, we will comply with the GDPR requirements providing adequate protection for the transfer of personal data from the EU/EEA to third country, such as standard contractual clauses.

What are your privacy rights?

We will take steps to ensure that your personal data is kept as accurate, complete and up to date as reasonably necessary. We will not routinely update your personal data, unless such a process is necessary. We expect you, from time to time, to supply us with updates to your personal data, when required.

We may require that you provide sufficient identification to fulfill your request to access or correct your personal data. Any such identifying information will be used only for this purpose.

Access and rectification

  • You may make a written request to review any personal data about you that we have collected, used or disclosed, and we will provide you with any such personal data to the extent required by law. You may also challenge the accuracy or completeness of your personal data in our records. If you successfully demonstrate that your personal data in our records is inaccurate or incomplete, we will amend the personal data as required.

Consent withdrawal

You can also withdraw your consent to the disclosure or use of personal data collected. If applicable, you may have the right to request information about the use of any automated decision systems and the impact they may have on you.

If you live in the European Union, you may have additional rights, including

  • the right to withdraw consent to processing where consent is the basis of processing
  • the right to object to unlawful data processing, under certain conditions
  • the right to erasure of personal data about you, under certain conditions
  • the right to demand that we restrict processing of your personal data, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, or believe your personal data is inaccurate
  • the right to data portability of personal data concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions
  • the right to object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions. To learn more about your rights under the GDPR, you can visit the European Commission’s page. You also have the right to lodge a complaint with the relevant data protection authority.

To learn more about your rights under the GDPR, you can visit the European Commission’s page.

You also have the right to lodge a complaint with the relevant data protection authority.

Will we update this Privacy Policy?

This Privacy Policy is current as of the “updated” date that appears at the top of this page. We may modify this Privacy Policy from time to time. When we make changes to this Privacy Policy, they become immediately effective when published on our website, unless otherwise noted. If the changes are significant, we may communicate them through our services or by other means.

How can you contact Photocure?

If you have questions regarding our processing or wish to get in touch with us to exercise your rights, please find our contact details below:

Norway

Privacy Officer Photocure ASA
Hoffsveien 4
0275 Oslo
Norway
Email address: gdpr@photocure.com
Phone: +47 22 06 22 10
Fax: +47 22 06 22

Canada

Photocure Canada Inc.
c/o Fasken Martineau DuMoulin LLP
333 Bay Street
Suite 2400
Toronto, ON M5H 2T6
Email address: photocure-pv@innomar-strategies.com
Phone: 1-833-229-1037

 

Last update 8/24/2022

COOKIES POLICY

Please take a minute to read and understand this Cookies Policy. Note that it should be read along with our Privacy Policy.

What are cookies?

Cookies are a standard technology used today by most websites, including Photocure’s website. A cookie is a small amount of text stored on your computer or other device (and maintained by your browser) when you visit a website. It often includes a randomized unique identifier so that our website can “recognize” this cookie again. It captures and stores data that can be used with statistics to

  • make webpages better
  • measure and improve advertising relevance
  • remember when you log into webpages or when you share information in social media.

Most modern browsers (Google Chrome, Firefox, Edge, Internet Explorer, Safari, Opera, etc.) are set to accept cookies automatically, but you can choose to change your settings so your computer does not accept cookies. Please note that if you do not accept cookies, many websites will not work optimally.

Cookies do not cause any damage to the computer, but make it easier, for example, to find preferences, pre-fill certain fields and adapt the content of the services on the site visited. Such data allows the improvement of ergonomics and services according to your interests.

What types of cookies are there, and which do we use and how?

We collect information through cookies to analyze the use of our website and offer visitors a better experience. We will keep cookies only for as long as necessary to achieve the relevant purposes set out in this Cookies Policy, notably for marketing and statistical purposes.

Essential cookies

These cookies are strictly necessary for our website to function properly and ensure our services are accessible to you (e.g., log-in functionality, load balancing, navigation, filling in forms). The Website cannot function properly without these cookies.

Preference cookies

Preference cookies enable us to remember information that changes the way the website behaves or looks, such as your preferred language or the region that you are in.

Statistic cookies

Statistic cookies enable us to understand how visitors interact with our website by collecting and reporting information anonymously.

Cookies we use

PROVIDER COOKIE DURATION DESCRIPTION ACCEPT/REFUSE

Statistic cookies

Google Tag Manager _ga Two years Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. ☐ Accept ☐ Reject
Google Tag Manager _ga_# Two years ☐ Accept ☐ Reject

How long do we keep them?

Session cookies

Session cookies remain on your device until you close your web browser. Many session cookies are essential for making our website work correctly, as they typically enable you to move around our website and use our features.

Persistent cookies

Persistent cookies remain on your device after you close your browser or until you manually delete them (for the former, how long the cookie remains on your device will depend on the duration or “lifetime” of the specific cookie and your browser settings).

Persistent cookies help us recognize you as an existing user of our website, so it’s easier and convenient to return to our website or interact with our services without signing in again. In addition, persistent cookies also help us recognize you when you view a resource belonging to our website from another website or app (such as an advertisement) and help us record information about your web browsing habits during the lifetime of the persistent cookie.

How can you manage your cookie preferences?

If you have any concerns about our use of cookies, you can take action to prevent them from being set, such as by changing your browser settings to block certain types of cookies. You may also delete cookies held on your device at any time by going to the appropriate settings within your web browser.

You have the option to configure your devices to accept all cookies, to notify you when a cookie is issued or to never accept cookies. However, the latter option may result in some personalized services not being provided and, as a result, you may not be able to take full advantage of all the features offered by a website. If you do not wish to receive cookies in general or only to refuse certain cookies, you can change your browser settings accordingly.

Instructions to this effect are provided each browser’s website:

For any other browser not mentioned above, the user should not hesitate to consult the cookie management help information available on the browser’s website.

You can also visit the below link for an overview of how to block or delete cookies on the most common browsers: http://www.allaboutcookies.org

How can you contact us?

For any further queries or information related to this Cookies Policy, please write to gdpr@photocure.com with the subject line “Cookies Policy.”

 

Last update 8/24/2022

TERMS OF USE

Welcome to Photocure.

Please carefully read our house rules before you use our Website

Accepting these Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms”).

These Terms are a legally binding agreement between you, as a user of our Website, and Photocure ASA (“Photocure”). These Terms apply to all interactions between you and Photocure, whether on our website, https://www.photocure.com, or via our social media accounts, including Twitter and LinkedIn, and our partners, affiliates, and related entities (collectively, our “Website”).

These Terms apply whenever you navigate on our Website. If you do not agree with these Terms, you should stop using our Website. If you agree, please read on.

Information purposes

The purpose of this Photocure website is to introduce you to Cysview® (hexaminolevulinate HCl). All information presented on this site is for informational purposes only and is not intended as a substitute for informed medical advice or recommendations from healthcare professionals. Please consult a healthcare professional for more information about your condition and the product that is right for you.

Your use of our Website

You are welcome to download, display or print information from our Website. This information is intended for your own personal, non-commercial use. This site and its contents, including but not limited to, all text and images are owned by Photocure, its affiliates and/or partners. No license to or right in any trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Photocure, its affiliates, and/or partners is granted or implied. When using our Website, you agree to respect the following rules:

  • Do not use our Website illegally You agree not to violate any laws in connection with your use of the Website. This includes all local, provincial, state, federal, and international laws applicable to you. And you agree not to engage in any fraudulent activity (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any crime or unlawful acts against Photocure, another user of our Website, or a third party.
  • Do not harm or try to harm our systems or overload our networks You agree not to interfere with or attempt to disrupt our Website, for example, by distributing a virus or other malicious computer code. You agree not to engage in or assist any other in taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or involves use of automated means to compile information.
  • Do not bypass or try to bypass our access restrictions You agree not to access aspects, elements, or parts of our Website to which you are not authorized or attempt to circumvent any restrictions imposed on your use or access of our Website.
  • Do not use hidden text You agree not to use any metatags, keywords, advertisement tags or other “hidden text” using Photocure’s name, trademarks or other intellectual property for any commercial purpose.
  • Do not steal our content or third-party content You agree not to license, sell, rent, lease, transfer, assign, commercially reproduce, distribute, host or otherwise commercially use Photocure intellectual property or any third-party intellectual property without advance written permission which may be withheld for any reason or no reason. You may not remove any trademark, copyright or other proprietary notifications from the materials, nor transfer the materials to another person or post the materials on another server. Also, you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of our intellectual property except to the extent the foregoing restrictions are expressly prohibited by applicable law. You will not crawl, scrape, or spider any page of our Website or try to reverse engineer or attempt to obtain the source code of our Website (except that we grant the operators of public search engines revocable limited permission to use spiders to copy materials from our Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).

Links to other websites

Links to other internet sites are provided as a convenience. Photocure accepts no responsibility regarding the content or operation of these sites and shall not be liable for any damages or injuries arising from their content or operation.

Your Privacy

Photocure has a firm commitment to privacy. Should this site at some point ask users to give us contact information (such as name, postal address and/or email address), we would use this information to send users information about our company and/or product. User information is never shared or sold. We only collect personal data during the registration process and use email addresses to deliver requested information. Please see our Privacy Policy for more information on how we process your personal data.

Information you provide us

Any communication or material you transmit to this site by email or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of Photocure or its affiliates and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Photocure is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever including but not limited to, developing, manufacturing and marketing products using such information. Regarding the personal data you supply to us, please refer to our Privacy Policy.

Information “as is”

Information on this site is provided “as is.” Photocure makes no representations nor implies any warranties with respect to the content. Photocure accepts no responsibility or liability whatsoever arising from, or in any way connected to, the use of this site or its contents. Photocure also neither warrants nor represents that your use of the contents of this site will not infringe the rights of third parties not owned by Photocure or its affiliates.

Note that some jurisdictions, like the province of Quebec, do not allow limitations on implied warranties, so the above limitations may not apply to you.

Disclaimer

Photocure shall not be liable for any damages or injury arising out of your access to or inability to access this site or from your reliance on information provided. Photocure disclaims any and all liability for direct, indirect, incidental, consequential, punitive, and special or other damages, lost opportunities, lost profit or any loss or damages of any kind. This limitation includes damages or any viruses that may affect your computer equipment. Moreover, in view of the possibility of human error or advances in medical knowledge, neither Photocure, its sponsors, its staff nor other parties involved in providing the services, databases or pages accessible within or from this website or any other service or publication of Photocure warrant that the information contained therein is in every respect accurate or complete and they are not responsible or liable for any errors or omissions that may be found in such information or for the results obtained from the use of such information.

Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

We encourage you to consult other sources and confirm the information contained in any of these services, databases or pages accessible within or from our Website or any other service or publication of Photocure. If erroneous or otherwise inaccurate information is brought to our attention, a reasonable effort will be made to correct or delete it. Use Contact Us to report such problems.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, and we have your contact information, we will let you know by providing you with a 30-day written notice before making such changes, so that you have an opportunity to review them. We will also update the “Latest Update” date at the top of this page. You are responsible for reviewing and becoming familiar with any changes. Photocure may ask you to provide consent to the updated Terms in a specified manner before further use of our services is permitted. Otherwise, your use of our Website following the changes constitutes your acceptance of the updated Terms.

General

The Terms supersede any other agreement between you and Photocure regarding our Website and digital content. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary to keep the Terms otherwise in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to subsequently enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Governing Law

These Terms of Use and the contents of this site shall be governed by and construed in accordance with Canadian laws. Any conflict arising out of or in relation to these Terms shall, if not solved amicably, be settled by courts in the province of Ontario.