Introduction

Welcome to the Nexcelom privacy policy (this “Policy”) for the Website.

Nexcelom Bioscience Ltd and Nexcelom Bioscience LLC (collectively, “Nexcelom”, “we”, “us” or “our”) respect your privacy and are committed to protecting your personal data. This Policy will inform you as to how we look after your personal data when you visit the Website (regardless of where you visit them from) or otherwise buy our products or interact with our business and tells you about your privacy rights and how the law protects you.

This Policy was most recently updated on April 29, 2019.

  1. Important information and who we are

Purpose of this Policy

This Policy is intended to explain how we collect and process personal data when individuals visit the Website and/or purchase our products. This includes any data provided through the Website, and when you contact us in any way, as well as when you purchase our products.

You should read this Policy with any other privacy notice that we may give to you from time to time when we are collecting or processing personal data about you. Those privacy notices will ensure you are aware of how and why we are using your personal data. This Policy supplements the other privacy notices; it is not intended to override them.

This Website is not intended for children and we do not knowingly collect data relating to children under the age of 16.

We are a data controller

We are the data controller in respect of any personal data that you share with us, as part of your purchase of our products or that we collect through you simply browsing the Website.

If you are buying our products our Terms and Conditions will apply to that transaction.

If you have any questions about this Policy, or if you would like to exercise your legal rights under paragraph 10 below, please contact our data privacy manager using the details set out below:

Name of data privacy manager: Peter Li

Full name of legal entity: Nexcelom Bioscience Ltd

Email address: privacy@nexcelom.com

Postal address: Unit 5 Rutherford House, Manchester Science Park, Pencroft Way, Manchester, M15 6SZ, United Kingdom

 

Full name of legal entity: Nexcelom Bioscience LLC

Name of data privacy manager: Peter Li

Email address: privacy@nexcelom.com

Postal address: 360 Merrimack Street, Building 9, Second Floor, Lawrence, MA 01843

Your right to make a complaint to the ICO

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

Changes to the Policy and your duty to inform us of changes

We reserve the right to modify this Policy at any time, so please check for change notices on a regular basis. If we decide to change this Policy in a material way, we will post a change notice on the Website so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we have a legal basis to email you (as set out below), we will also email you to tell you that we have updated this Policy). Notwithstanding the foregoing, to the extent required by applicable law, we will not make changes to this Policy that result in significant additional uses or disclosures of your personal data without allowing you to “opt in” to such changes.

Making sure the information we hold about you is correct

It is important that the personal data we hold about you is accurate and current. Please get in touch if you think the personal data we hold about you needs to be updated during your relationship with us.

Third party information and links on the Website

The Website sometimes includes links to websites, plug-ins and applications owned or controlled by third parties. If you click on those links or enable those connections, third parties may be able to collect or share data about you, and they are not within our control. We are not responsible for their privacy statements. When you leave the Website, you should read the privacy notice of every other website or application that you visit.

  1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Website visitors

We may collect the following personal data from individuals who visit the Website:

  • Identity Data this includes your first name, last name, and identifier that you may provide when you correspond with us through the Website.
  • Contact Data this includes your personal or workplace address, your email address and any telephone numbers that you may provide when you correspond with us through the Website.
  • Technical Data this includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website.
  • Usage Data this includes information about how you use the Website.
  • Marketing and Communications Data this includes your preferences in receiving marketing from us.

Customers

We may collect, use, store and transfer personal data about those who purchase our products (or their employees or personnel if purchased through a business entity):

  • Identity Data including title, first name, last name, and username or similar identifier.
  • Contact Data including billing address, delivery address, email address and telephone numbers.
  • Financial Data including payment card or bank account details.
  • Transaction Data including details about payments to and from you and other details of goods you have purchased from us.
  • Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.

Aggregated Data

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Policy.

Special Categories of Personal Data

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to, for example, cancel the service we are to provide to you, but we will notify you if this is the case at the time.

  1. How is your personal data collected?

Website visitors

We use different methods to collect data from Website visitors including through:

  • Direct interactions. You may give us your Identity, Contact, Usage and Marketing and Communications Data by filling in forms or by corresponding with us through the Website. This includes personal data you provide when you:
  • request information from us;
  • contact us for any reason;
  • request communications to be sent to you; or
  • give us feedback.
  • Automated technologies or interactions. As you interact with the Website, we may automatically collect Technical and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookies policy for more information on our use of cookies. In addition to the above, when users use our Website, third parties (including without limitation third-party analytics service providers and commercial partners) may directly collect personal data about our users’ online activities over time and across different websites.

In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on your computer or mobile device by third parties that we use to provide analytics services. In the course of providing analytics services, such third parties could place or recognize unique cookies on your browser. In particular, we use Google Analytics to gather information from our website (including to help analyze how users use our website). Google may place cookies on your computer or mobile device. If you would like to disable Google’s “third party” cookies, you may be able to turn them off by going to Google’s website. For further information about how information is collected and processed through Google Analytics, please visit www.google.com/policies/privacy/partners/.

 

  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical and Usage Data from the following parties:
    • analytics providers such as Google based outside the EU;
    • search information providers.
  • Contact Data from providers of technical services based inside the EU.

Customers

We use different methods to collect data from those who procure our products including through:

  • Direct interactions. You may give us your Identity, Contact, Marketing and Communications, and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • Request a quote;
  • purchase our products;
  • request marketing to be sent to you; or
  • give us some feedback or otherwise contact us.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical and Usage Data from the following parties:
    • analytics providers such as Google based outside the EU;
    • search information providers.
  • Contact Data from providers of technical services based inside the EU.
  1. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

See paragraph 11 to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer (a) Identity

(b) Contact

 

Performance of a contract with you
To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our Terms and Conditions or this Policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Transaction

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products)

To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity

(b) Contact

(c) Technical

(d) Usage

(a) Necessary for our legitimate interests (for running our business, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Marketing and Communications

 

Necessary for our legitimate interests (to study how customers use our products, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve the Website, products, marketing, customer relationships and experiences (a) Technical

(b) Usage

(c) Marketing and Communications

 

Necessary for our legitimate interests (to define types of customers for our products, to keep the Website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about products that may be of interest to you (a) Identity

(b) Contact

(c) Technical

(d) Marketing and Communications

Necessary for our legitimate interests (to develop our products and grow our business)

 

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Do Not Track

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to automated Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request.

 

  1. Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Transaction, Usage, and Marketing and Communications Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased products and/or services from us or if you provided us with your details when you enquired about our products and/or services and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties acting on our behalf to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase.

  1. Disclosures of your personal data

We may have to share your personal data with the third-parties set out below for the purposes set out in the table in paragraph 4:

  • Internal Third Parties as set out in the paragraph 11
  • External Third Parties as set out in paragraph 11
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.
  • We may disclose your information (including personal information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personal information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating a contract with us, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our customers, Website users, the Website or the general public.
  • The Information Commissioner’s Office or another regulator or relevant body (such as the Police) when we are asked or required to do so.

To the extent required by applicable law, we require all third parties to respect the security of your personal data and to treat it in accordance with the law. To the extent required by applicable law, we do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. International transfers

Some of our Internal and External Third Parties (as set out paragraph 11 below) are based outside the EEA so their processing of your personal data will involve a transfer of data outside the European Economic Area (“EEA”).

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

By using the Website and submitting personal data on it, you voluntarily consent to the trans-border transfer and hosting of such information. Without limitation of the foregoing, you hereby expressly grant consent to the Nexcelom to: (a) process and disclose such personal data in accordance with this Policy; (b) transfer such personal data throughout the world, including to the United States or other countries that do not ensure adequate protection for personal data (as determined by the European Commission); and (c) disclose such personal data to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements.

Please feel free to contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website; any such transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorised access.

  1. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Where required by applicable law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for a certain period of time after they cease being customers. For other personal data, details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

In some circumstances you can ask us to delete your data: see paragraph 10 below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  1. Your legal rights

Under certain circumstances, you may have rights under data protection laws in relation to your personal data:

  • To request access to personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data held about you and to check that we are lawfully processing it
  • To request correction of the personal data that we hold. This enables the correction of any incomplete or inaccurate data we hold, though we may need to verify the accuracy of the new data provided to us.
  • To request erasure of personal data. This enables the deletion or removal personal data where there is no good reason for us continuing to process it. A request can also be made for deletion or removal of personal data where the right to object to processing has been successfully exercised (see below), where we may have processed information unlawfully or where we are required to erase personal data to comply with local law. Note, however, that we may not always be able to comply with requests of erasure for specific legal reasons with notification of this given, if applicable, at the time of any request.
  • To object to processing of personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process information which overrides your rights and freedoms.
  • To request restriction of processing of personal data. This enables a request to be made to us to suspend the processing of personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it because it is needed to establish, exercise or defend legal claims; or (d) you objected to use of data but we need to verify whether we have overriding legitimate grounds to use it.
  • To request the transfer of personal data back to whom it belongs or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which we were given consent to use.
  • To withdraw consent at any time where we are relying on consent to process personal data. However, this will not affect the lawfulness of any processing carried out before the withdrawal of consent. If consent is withdrawn, we will not be able to provide our goods. We will advise you of this at the time of the withdrawal of consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  1. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

THIRD PARTIES

INTERNAL THIRD PARTIES

Internal Third Parties include any person or entity which directly or indirectly controls, is controlled by or is under common control with Nexcelom Bioscience LLC or Nexcelom Bioscience Ltd., whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.

EXTERNAL THIRD PARTIES

We may employ independent contractors, vendors, suppliers and professional advisors, including lawyers, bankers, auditors and insurers who provide services to us (collectively, “External Third Parties”) to provide specific services and products related to our business, such as hosting and maintaining the Website, providing credit card processing and fraud screening, and marketing, advertisement and analytics services.