Privacy Policy

ACON LABORATORIES, INC. PRIVACY POLICY

Effective Date:   January 1, 2023

Last Reviewed:  November 1, 2024

This privacy policy (the “Privacy Policy”) describes how ACON Laboratories, Inc. and its affiliates and subsidiaries (“ACON”, “we”, “our,” or “us”), collects, processes and retains your personal information when you use the websites https://www.aconlabs.comhttps://www.oncallmeters.comhttps://www.ketotrakmeter.comhttps://www.oncallcarealliance.comhttps://www.flowflexcovid.com (the “Site(s)”) to view or purchase products  or services such as On Call Care Alliance and Flowflex made available by ACON from these Sites that are linked to this Privacy Policy (collectively, the “Services”) however accessed and/or used, whether via personal computers, mobile devices, tablets or other means. This Privacy Policy also applies to interactive features, subscription services, or downloads that are owned or operated by ACON Laboratories, Inc. that are made available through the Services, or that interact with the Services and are linked to this Privacy Policy but does not include third party platforms such as YouTube or Facebook, which are governed by their respective platforms’ applicable terms and privacy policy.    

This Privacy Policy covers information collected from the Services and does not cover any information collected at any other website, offline by ACON (unless specifically stated), or concerning ACON’s employees or contractors.  All ACON employment applicants, please review the Applicant Privacy Notice here for information concerning how your personal information is handled.  

Additionally, please note that Section 1 of this Privacy Policy, which describes our collection and use of information through our Services, also serves as our Notice at Collection for California residents and applicants for purposes of the California Consumer Privacy Act (CCPA).  By using the Services, you agree to this Privacy Policy. Any changes to this Privacy Policy will become effective upon posting of the revised Privacy Policy on the Internet, accessible through the Services.

This Privacy Policy has been designed to be reasonably accessible to people with disabilities. If you experience any difficulties accessing the information in the Privacy Policy, please contact us at info@aconlabs.com.

BY ACCEPTING OUR PRIVACY POLICY AND TERMS OF USE, YOU ARE CONFIRMING THAT YOU HAVE READ AND UNDERSTOOD THESE POLICIES, INCLUDING HOW AND WHY WE USE YOUR PERSONAL INFORMATION. IF YOU DON’T WANT US TO COLLECT OR PROCESS YOUR PERSONAL INFORMATION IN THE WAYS DESCRIBED IN THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SERVICES.

NOTICE AT COLLECTION: INFORMATION WE COLLECT AND USE

We collect information about you and your use of the Services through various means, including when you provide personal information to us and when we automatically collect information about you when you access, use, or interact with the Services. Such processing is performed to provide you with access and the ability to use and purchase our products. In some instances, you may be able to choose what information to provide, but sometimes we require certain information.

We obtain the categories of personal information listed below from the following categories of sources:

  • directly from you; for example, from forms you complete to make a request through our Services.
  • indirectly from you; for example, from observing your actions on our Sites or through our Services.

Personal Information is any information:

  • that identifies or can be used to identify you;
  • that relates to, describes, is capable of being associated with, or could reasonably be linked (directly or indirectly) with you;
  • that can be used to authenticate you or provide access to an account through the Site;
  • that relates to you and that might be sensitive (such as gender, age and geolocation).

Sensitive Personal Information (as that is defined by applicable state laws).

The table below is a summary of the categories of personal information we have collected over at least the last 12 months, the purposes for collection and use of that personal information, and how long we keep each category of personal information.

Personal Information We CollectHow We Use Your Personal  Information (Our Business Purpose)How Long Do We Retain Your Personal  Information?Who Do We Share Your Information With?
Personal Identifiers, such as name, address, email, online identifiers, cell phone, and company.To provide our content, products and the ServicesTo create your accountTo sign you up for our mailing listTo respond to your inquiry or requestAs long as required to comply with our contractual obligations to you and our legal obligationsPayment providersShipping providersWebsite VendorsEmail service providers    
Demographic Information, such as gender, age, and zip code.To establish you are of legal age to view our content and/ or use our products and servicesTo comply with our legal obligationsAs long as required to comply with our contractual obligations to you and our legal obligationsGovernment agenciesProfessional services consultants
Content Information, such as forms, social media posts and text message communications.To respond to your request and inquiriesTo allow you to participate in our livestreams, live events, forums, and chatsAs long as required to comply with our contractual obligations to you and our legal obligationsSocial Media providers, including Instagram, LinkedIn, Facebook, YouTube and Twitter
Internet Activity Information, such as browser, IP address, device identifiers.To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activityTo help us protect the Services and our customersTo improve our Site and ServicesTo perform research and business analytics, and identifying usage trendsTo manage ACON equipment and systemsTo monitor compliance with our IT policies; ensuring network and information securityFor 24 months, unless required for legal purposes.Analytics servicesSecurity vendorsIT vendors
Commercial Information, such as purchase history. To provide you with the content, products and Services requested  In accordance with our legal obligationsThird Party Payment processor such as StripeOur Business PartnersAuditing and accounting firms 
Audio, electronic, visual, or similar Information, such as photos. To provide customer serviceIn accordance with our legal obligationsSecurity vendorsIT vendorsCommunication providers
Sensitive Information, such as consumer health information, including COVID test results, blood glucose levels, and other health data.To provide our products and the Services  In accordance with our legal obligationsGovernment agenciesPhysicians and/or medical personnel 

Retention. We will retain your personal information for as long as is needed to carry out the purposes we’ve described, or as otherwise required by law. The criteria used to determine the applicable retention period for your personal information includes the length of time we have an ongoing relationship with you and whether there is a legal obligation to which we are subject that requires us to retain your personal information.

Where we have no continuing purpose to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. 

Overview of Our Applicant Privacy Practices

Personal Information We  CollectHow We Use Your Personal  Information (Our Business Purpose)Who Do We Share Your Information With?
Personal Identifiers, such as name, title, address, phone numberTo process your applicationTo communicate with applicantHR Recruitment Team
Demographic Information, such as age, gender, and country of residence. To comply with our legal obligationsTo perform analysis of our applicant poolTo help verify special accommodations based on race  HR
Professional or employment related Information,such as resume, CV, cover letter.  To make decisions related to qualificationsInternal HR and Interview Team
Education Information, certifications, and degrees.To make decisions related to qualificationsInternal HR and Interview Team
Profile Information, such as assessments of interests, strengths, and capabilities. To make decisions related to qualifications and experienceInternal HR and Interview Team
Sensitive Information, such as race, ethnicity.To comply with our legal obligationsTo perform analysis of our applicant poolTo help verify special accommodations based on race  Internal HR

We will retain your personal information, as described above, as long as required to comply with our contractual obligations to you and our legal obligations. 

We do not sell or share your personal information.

Information You Provide To Us

When you purchase a product, use our Services, or contact us, we may collect personal information from you, such as your email address, first and last name, company address, and other information you provide to fulfill your requests for our Services.

We generally process the information you provide to us on the legal basis of providing you with the requested content, products, and services to perform our contract with you, however, we also may process your information under ACON’s legitimate interests in promoting its service and content to you. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing.

  • Contact and Device Data.  We collect name, phone number and email address when you fill out a contact form to send an inquiry. We may also collect technical information on your device type, hardware, unique device identifiers, time zone settings, IP address, operating system version, as well as analytics data about how a device uses the Services.
  • ACON Correspondence.  If you sign up for updates from ACON or email us, we may keep your message, email address, and contact information to respond to your requests, provide the requested products or services, and to provide notifications or other correspondences to you.

If you do not want to receive communications from us in the future, please let us know by sending us an email requesting the same to info@aconlabs.com or by following the unsubscribe instructions found in any email we send. Please note requests to remove your email address from our lists may take some time to fulfill. We may also still contact you as needed to provide important announcements or notifications regarding the Services, including communications related to purchases or other transactions you make with us.

  • Support Information. You may provide information to us via a support request submitted through email or the Services. We will use this information to assist you with your support request and may maintain this information to assist you or other users with support requests. Please do not submit any information to us via a support submission, including confidential or sensitive information that you do not wish for ACON or our Service Providers to have access to or use in the future.

Information We Collect Automatically

We use automatic data collection and analytics technologies to collect aggregate and user-specific information about your equipment, patterns of use, communication data and the resources that you access and use on the Services, including your IP address, browsing, and navigation patterns. This information is used to improve the Services.

We automatically collect the following information through the Services:

  • Cookies, Web Beacons, Links, And Other Tracking Technologies.  ACON may keep track of how you use and interact with the Services through the use of cookies, web beacons, links, and other tracking technologies. We do this to help analyze the use of and improve the Services. Through these technologies, we may automatically collect information about your use of the Services and other online activities, including our email correspondences, third-party services, and certain online activities. Link information is generally only analyzed on an aggregate basis. Some Service features may not function properly if you disable cookies. Such data may include analytics information, browser type, operating system, and tracking of your interactions with our content and emails.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.
  • Web Beacons. Pages of the website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • IP Addresses.  We automatically collect the IP addresses of users of our Services, such as website visitors, those that log in to the Services. We process this information on the basis of our legitimate interests in protecting the Services and providing the Services to you.

Advertising Information. We partner with third parties to manage advertising to you about ACON on other sites. Our third-party partners may use cookies or similar technologies in order to provide you with advertising on other sites based upon your browsing activities and interests.

  • Unique Identifiers. When you use or access the Services, we may access, collect, monitor, store on your device, and/or remotely store one or more “Unique Identifiers,” such as a universally unique identifier. A Unique Identifier may remain on your device persistently, to help you log in faster and enhance your navigation through the Services. Some features of the Services may not function properly if use or availability of Unique Identifiers is impaired or disabled.
  • Analytics Information. We use data analytics to ensure site functionality and improve the Services. We use mobile analytics software to allow us to understand the functionality of the Services on your phone. This software may record information such as how often you use the Services, what happens within the Services, aggregated usage, performance data, app errors and debugging information, and where the Services were downloaded from. We do not link the information we store within the analytics software to any personal information that you submit within the mobile application.
  • Log File Information. When you use our Services, we may receive log file information such as your IP address, browser type, access times, domain names operating system, the referring web page(s), pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive log file data when you interact with our Services, for example, when you visit our websites, sign in to our Services, or interact with our email notifications. ACON uses log file data to provide, understand, and improve our Services, and to customize the content we show you. ACON may link this log file to other information ACON collects about you via the Services.

The purposes for which we may use cookies include:

ProcessesIntended to make the Services work in the way you expect. For example, we use a cookie that tells us whether you have already signed up for an account.
Authentication, Security, and ComplianceIntended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use cookies to determine if you are logged in.
PreferencesIntended to remember information about your settings on the Services.
NotificationsIntended to allow or prevent notices of information or options that we think could improve your use of the Services. For example, we use a cookie that stops us from showing you the signup notification if you have already seen it.
AnalyticsIntended to help us understand how visitors use the Services. For example, we use a cookie that tells us how our search suggestions correlate to your interactions with the search page.
AdvertisingIntended to help us market and advertise our products and our Services to you. 

HOW WE USE INFORMATION

ACON uses the information we receive about you for the purposes described in this Privacy Policy. We generally process the information you provide to us on the legal basis of providing you with the requested content, products, and services to perform our contract with you. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing.

ACON will generally use your information for the following purposes:

  • Providing and Improving Our Services. We use your personal information to provide you with our products and/or services, including, but not limited to, helping you access results related to our products. We may use your information to improve and customize our Services, including gathering your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. We use your information to provide and improve the Services and our products, identification and authentication, for advertising, to contact users or interested parties, and for general research and aggregate reporting.
  • Keeping Our Services Safe And Secure. We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so to ensure the security of our Services, including enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks.

Our Legal Bases for Processing Personal Information. If European data protection law applies to the processing of your information, we process your information for the purposes described in this Privacy Policy, based on the following legal grounds:

  • When we’re providing a product or service. We process your data to provide and support a product or service you’ve asked for under a contract, including but not limited to delivering our Services.
  • When we’re pursuing legitimate interests. We process your information for our legitimate interests and those of third parties while applying appropriate safeguards that protect your privacy. This means we process your information for things like:
  • offering and improving our Services
  • developing new products and features
  • understanding how our Services are used
  • performing research that improves our Services for our users and benefits the public
  • sending you direct marketing and other communications
  • detecting, preventing or otherwise addressing fraud, abuse, security or technical issues with our Services
  • maintaining and improving the integrity of our computing systems, and protecting our users’ data security
  • enforcing legal claims, including investigation of potential violations of applicable Terms of Service
  • when we’re complying with legal obligations

We process your data when we have a legal obligation to do so, for example, if we’re responding to a legal process or an enforceable governmental request.

We ask for your consent to process your information for certain specific purposes and give you the right to withdraw that consent at any time.

HOW WE SHARE YOUR INFORMATION

When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this Privacy Policy. ACON does not share, sell, rent, or otherwise disclose your personal information to third parties as those terms are traditionally understood, however, under certain state privacy laws such as California our disclosure of certain information for advertising purposes may be treated as a sale and/or share of personal information. 

ACON will share your information in the following circumstances to provide our products and the Services to you.

  • Service Providers. ACON works with various organizations and individuals to help provide the Services to you (“Service Providers”), such as data-hosting and website companies, like WordPress and companies providing analytics information, like Google Analytics. ACON needs to engage such third-party Service Providers to help us operate, provide, and market the Services. These third parties have only limited access to your information and may use your information only to perform these tasks on our behalf. Information we share with our Service Providers may include both information you provide to us and information we collect about you, including personal information and information from data collection tools like cookies, web beacons, and log files. ACON takes reasonable steps to ensure that our Service Providers are obligated to reasonably protect your information on ACON’s behalf. If ACON becomes aware that a Service Provider is using or disclosing information improperly, we will take commercially reasonable steps to end or correct such improper use or disclosure.
  • Advertising.  We may also share personal information with our Service Providers on the legal basis of ACON’s legitimate interests in providing you with the Services and content such as advertisements with you. Our use of Service Providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Services operating and secure.
  • Business Transactions. ACON may purchase other businesses or their assets, sell our business assets, or be involved in a bankruptcy, merger, acquisition, reorganization or sale of assets (“Business Transaction”). Your information, including personal information, may be among assets sold or transferred as part of a Business Transaction. In some cases, ACON may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our organization to develop over the long term.
  • Safety and Lawful Requests.  We may be required to disclose Service user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose user information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Services or using ACON’s name, or to protect the safety of any person. This may include sharing information with other companies, lawyers, agents, or government agencies. Nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to third parties, including a government’s, request to disclose your information.
  • Aggregated Non-Personal information. We may disclose aggregated, non-personal information received from providing the Services, including information that does not identify any individual, without restriction. ACON may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.

APPLICANT PRIVACY NOTICE

This applicant privacy policy (“Privacy Notice”) describes how we collect and use personal information about you as a current and former job seeker and/or applicant (collectively “applicants”).  This Privacy Notice does not form part of any contract of employment or other contract to provide services.

It is important that you read and retain this Privacy Notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights may be.

Applicants

As an applicant, we collect personal information through the application and recruitment process, directly from candidates, and from employment agencies, screening services, and/or other background-check providers. We may collect additional information from third parties including former employers, credit reference agencies, or other sources that supply employment verification services.  We may collect, store and use the following categories of personal information about you:

  • Personal identifiers, such as name, title, addresses, telephone numbers, email addresses.
  • Demographic Information, such as your age, gender, and country of residence to verify your identity.
  • Professional or employment-related information, such as information included in a CV or cover letter or as part of your application to work at ACON.  In addition, we collect information regarding job titles, job interests, work history.
  • Education information, such as information provided on your resume.
  • Inferences drawn to create a profile, such as an assessment of your interests, strengths, capabilities, potential, preferences and/or other characteristics. Participation in such assessments is voluntary, and the outcomes of the assessments will be used only to assist you in your career development.
  • Sensitive Personal Information, includes
  • Employment eligibility information, including social security number, driver’s license number, passport number, nationality/visa status, or related information to verify your employment eligibility and to provide travel arrangements.   
  • Diverse workforce efforts information, including race, ethnicity, disability, veteran’s status, or sexual orientation. Participation in such efforts is voluntary, and the outcomes of the efforts will be used for internal development at ACON. 
  • Health information, including biological testing and screening for controlled substances and if applicable, information such as medical condition, disability status, and other health issues required for work environment or working practices accommodations if applicable. 

How We Use Personal Information About You

Situations in which we use your personal information include:

  • Decisions related to your employment, including making decisions about your recruitment; determining whether to offer you a position and on what terms, job duties, salary and compensation.
  • To track our diversity efforts. 

We may use any and all of the information collected for any of the purposes described in this Notice, unless limitations are listed.

Disclosure of Your Personal Information

We may disclose the personal information that we collect, or you provide with the following categories of third parties for our business purposes (as described above):

  • Recruitment vendors that assist with the application process, including assessing candidate qualifications and providing the platform through which candidates submit their candidacy.
  • Government agencies, to comply with mandatory reporting.
  • External parties when required by law or to protect ACON or other persons, as described in this Privacy Notice.

Sources of Your Personal Information

We collect personal information about applicants through the application and recruitment process, directly from candidates, and from employment agencies, screening services, and/or other background-check providers. We may collect additional information from third parties including former employers, credit reference agencies, or other sources that supply employment verification services.

Retention of Your Personal Information

We will keep your personal information for as long as is needed to carry out the purposes we’ve described, or as otherwise required by law. The criteria used to determine the applicable retention period for your personal information includes the length of time we have an ongoing relationship with you as an applicant, employee or contractor and whether there is a legal obligation to which we are subject that requires us to retain your personal information.  Generally, this means we will keep your personal information until the end of your application process or your employment with us, plus a reasonable period of time after that where necessary to respond to any employment enquiries, deal with legal, tax, accounting or administrative matters, or to provide you with ongoing pensions or other benefits. 

Where we have no continuing purpose to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION

U.S. State Privacy Rights

You may have certain rights with respect to personal information under U.S. State Privacy Laws in specific states, including California, Virginia, Colorado, Connecticut, and Utah.  Under the California Consumer Privacy Act (CCPA), these rights have been extended to personal information collected, used, and shared between businesses (B2B), however, these rights have not been extended in any other state.  As a result, these rights are limited to consumers not applicable to individuals in their capacity as employees of businesses that are exchanging personal information between one another except for California consumers.  However, ACON extends the rights below to all U.S. residents.   For purposes of this subsection, the terms consumer, categories of personal information, business purpose, third party, sell, and share have the meanings ascribed to them respectively in the applicable state law. To the extent provided for under the applicable laws, you may have the right to:

  • Access and Disclosure. You can request, up to two times every 12 months, that we disclose to you the categories of personal information we collected about you, the categories of sources from which we collected the personal information, the categories of personal information we sold or disclosed, our business or commercial purpose for collecting, selling, or sharing the personal information, the categories of third parties with whom we shared the personal information, and the specific pieces of personal information we collected about you.  You also have the right to request a portable copy of your personal information.
  • Correction and Deletion.You can request that ACON correct or delete personal information that we have about you, subject to certain exceptions allowed under applicable law.
  • Do Not Sell or Share My Personal Information (Opt-out of Targeted Advertising). Under certain U.S. State Privacy Laws, you may be able to request that we not sell or share your personal information for targeted behavioral advertising. You may also have the right to opt-out of targeted advertising.  We may sell, share, and use for targeted advertising the following categories of personal information to companies that provide marketing and advertising services to us, as well as advertisers that place advertisements on the Site: Personal Identifiers,  Device, Internet, and Network Activity Information, and Geolocation information. This information is shared to help us understand who our users are, so that we can sell ads on the Site and advertise and market the Site to new users.
  • Opt-out Preference Signals; Global Privacy Control. You have the right to submit a request to opt-out of the selling and sharing of personal information through an opt-out preference signal. If you use an opt-out preference signal we will apply the opt-out to the device or browser which sends the opt-out preference signal and to any consumer profile associated with that browser or device, including pseudonymous profiles. You can use an opt-out preference signal by downloading a supported browser or extension. If known, we will also treat the opt-out preference signal as a valid request to opt-out of sale/sharing for the user. Some browsers allow you to send a Do Not Track signal, an older request to block tracking of users by third parties. We may not honor these older signals.
  • Sensitive Personal Information. You also have the right to limit the use of your sensitive personal information to those uses that are necessary to perform the services reasonably expected by an average person and to certain other permitted business purposes. These business purposes include helping to perform services reasonably expected by users of this Site who have requested our Services, ensure security and integrity (to the extent the use of the information is reasonably necessary and proportionate for these purposes), ensure physical safety of natural persons (to the extent the use of the information is reasonably necessary and proportionate for these purposes), short-term, transient use (subject to certain conditions), performing certain services, and engaging in certain activities related to quality or safety of our services or products. We do not use or disclose sensitive personal information for purposes other than those set forth above and do use it to infer characteristics about an individual.
  • No Financial Incentive. We do not offer any programs that would be considered a “financial incentive” for sharing your personal information under U.S. state privacy laws.
  • Submission of Requests. You may exercise the above rights by emailing us at info@aconlabs.com.  Note that we may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations.  For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate consumer requests.
  • Verification. Whether you submit a request directly on your own behalf, or through an authorized agent, we will take reasonable steps to verify your identity prior to responding to your requests under applicable law.

In response to verified requests for access and disclosure or a portable copy of your personal information, we will confirm receipt of the request within 10 business days of receipt of the request and disclose and deliver the required information to you free of charge within 45 days of receiving a verifiable consumer request. We may extend this time period to deliver information once by an additional 45 days when reasonably necessary. We will provide notice of the extension within the first 45-day period.

In response to verified requests to correct or delete, we will confirm receipt of the request within 10 business days of receipt of the request.

Following verification of your request to delete, we may require you to separately confirm that you want your personal information to be deleted. We will delete the information within 45 days of receiving a verifiable consumer request (subject to certain exceptions). We may extend this time period once by an additional 45 days when reasonably necessary. We will provide notice of the extension within the first 45-day period.

Following verification of your request to correct, we may require you to provide documentation if necessary to rebut our own documentation that the personal information is accurate. If, we determine, based on the totality of the circumstances, that the information is not accurate, we will respond to the request by correcting the information, deleting the information (if deletion of the information does not negatively impact you), or providing you with the name of the source from which we have received the alleged inaccurate information (if we are not the source). We will correct within 45 days of receiving a verifiable consumer request. We may extend this time period once by an additional 45 days when reasonably necessary. We will provide notice of the extension within the first 45-day period. You have the option to submit a 250-word written statement per alleged inaccurate piece of personal information if it is considered health information or is concerning your health and if you request, this statement will be made a part of your consumer record with us.

  • Authorized Agent. Applicable law may permit consumers to designate authorized agents to submit requests on their behalf. Under certain applicable laws, an authorized agent is a natural person or a business entity in the applicable state that a person has authorized to act on their behalf subject to the requirements. If you would like to designate an authorized agent to submit a request to know, a request to delete, or a request to correct personal information on your behalf, please email at info@aconlabs.com. When submitting the request, please ensure the authorized agent identifies himself/herself/themselves as an authorized agent.

    You or your authorized agent may provide us with a written power of attorney, executed by you, confirming the authority of the authorized agent with respect to your Consumer request(s).

    If we have not received a power of attorney, we may require your authorized agent to provide proof that you gave the agent signed permission to submit your Consumer request(s).

    In addition, we may also require you to do the following directly with us:
    – Verify your own identity with us;
    – Confirm you have provided the authorized agent permission to submit the Consumer request(s).
    – Once verified, your authorized agent may act on your behalf.
  • Appeals.  You may have a right to appeal decisions concerning your ability to exercise your consumer rights.  Please contact us at info@aconlabs.com to request an appeal concerning decisions on your consumer request.    
  • Users Under 18.  Note that ACON websites are not intended for users under the age of 18. We do not knowingly collect information from anyone under the age of 18. Please see our section on Children below for more information.
  • No Discrimination.  ACON will not discriminate against you because you made any of these requests. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.

European Union

If you are a resident of the European Economic Area (EEA), you may have certain rights with respect to your personal information. These rights are standardized in Articles 15 – 22 EU-GDPR. These cover:

  • The right of access
  • The right to erasure
  • The right of rectification
  • The right to data portability
  • The right to restriction of processing
  • The right to object to data processing

To exercise these rights, please contact our Data Protection Officer at info@aconlabs.com.  The same applies if you have any queries on data processing at ACON. You also have the right to submit a complaint directly to the Data Protection Supervisory Authority.

Right To Object.  Please note the following in connection with your right to object:

If we process your personal information for the purpose of direct mail, you have the right to object to this form of data processing at any time without giving reasons. This also applies to profiling insofar as it is associated with direct mail.

If you object to data processing for direct marketing purposes, we will no longer process your personal information for these purposes. Exercising your right to object is free of charge and can be carried out informally, ideally via email to: info@aconlabs.com.

In the event that we process your data to protect legitimate interests, you may object to this type of processing at any time for reasons relating to your particular situation; this also applies to profiling based on these provisions.

We will then no longer process your personal information unless we can demonstrate compelling legitimate grounds that outweigh your interests, rights, and freedoms, or the data processing is being used to assert, exercise or defend legal claims.

DATA RETENTION

ACON will retain your information only for as long as is necessary for the purposes set out in this Privacy Policy or as needed to provide the Services to you. ACON will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this Privacy Policy. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods. We may delete your personal information from our systems as part of a data retention plan.

COMMUNICATIONS FROM ACON

You may opt-out of receiving certain communications from ACON by following the unsubscribe process described in email communication, or by contacting us using the contact information provided below. However, please note you may not opt-out of certain Service-related communications, such as account verification, changes or updates to features of the Services, or technical and security notices.

THIRD-PARTY WEBSITES

Our Services may contain links to third-party websites. When you click on a link to any other website or location, you will leave our Services and go to another site, and another entity may collect personal information from you. We have no control over, do not review, and cannot be responsible for these third-party websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these third-party websites or their content, or to any collection of your personal information after you click on links to such third-party websites. We encourage you to read the privacy policies of every website you visit. Any links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.

CHILDREN

We do not intentionally gather personal information from users who are under the age of 18. Our Terms of Use require all users to be at least 18 years old. If a child under 18 submits personal information to us and we learn that the personal information is the information of a child under 18, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 18, please contact us at info@aconlabs.com.

DO NOT TRACK

Per industry standards, third parties may be able to collect information, including personal information, about your online activities over time and across different websites or online services when you use Services. You may opt out of online behavioral ads at https://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.

INFORMATION SECURITY

The security of your personal information is important to us. ACON takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of your information and to protect it from loss, misuse, unauthorized access, disclosure, alteration, and destruction. ACON implements security measures that we deem appropriate and consistent with industry standards. As no data security protocol is impenetrable, ACON cannot guarantee the security of our systems or databases, nor can we guarantee that personal information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information you transfer to or from our Services is provided at your own risk.

TRANSFER AND STORAGE OF YOUR INFORMATION

The United States, EEA Member States, and other countries all have different laws relating to privacy and data protection. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the United States, it may be accessed by government authorities in accordance with U.S. law.

Please be advised information ACON collects about you via the Services may be transferred, processed and/or accessed by us in the United States, or another country where we, or our Service Providers operate. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. If you are located outside the United States and choose to allow us to collect information about you, please be aware that ACON may transfer your personal information to the United States and process and store it there. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections.

CHANGES

We may revise and update this Privacy Policy from time to time, in our sole discretion. We will notify you of material changes to this Privacy Policy by posting a notice on the Site or by emailing you at an email address associated with your account.

Your continued use of the Services following the posting of a revised Privacy Policy means that you accept and agree to such changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

CONTACT US

If you have any questions or concerns, please contact us at info@aconlabs.com

Or ACON Laboratories, Inc.

5850 Oberlin Drive, #340

San Diego, CA 92121

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