Privacy Policy

Effective August 1, 2011

Merz Pharma Canada Inc. (“Merz Canada”) and its affiliated companies (collectively, “Merz”, “we” or “us”) respect the individual privacy of visitors to this website, and we want you to know what information we collect while you visit this website, how Merz uses such information, and how you can limit the use of personal information that we may collect.

Some of the information we keep on our web server(s) is information that you volunteer to provide through forms and some is collected automatically. Unless you volunteer to submit personal data yourself, Merz will neither collect any information from which individual visitors can be identified nor employ any technology that is aimed at identifying a visitor.

This policy only applies to the collection of information at www.mederma.ca. Different policies may apply to other websites or information that we get offline.

Data We Collect and How We Use It

We collect and use information that is provided by users and that is collected automatically.

User-provided Information

We collect your email address if you communicate with us by email, as well as other information that you might supply voluntarily, such as in connection with testimonials, feedback forms and surveys, or if you contact us through the website with questions, comments or for the purchase of a product or service. If you complete one of these forms, we may ask you for your date of birth, age, and other demographic information.

Personally Identifiable Information

For the purposes of this policy, personal information is information about an identifiable individual (excluding merely the name, title, business address and/or business telephone number of an employee of an organization). We collect several types of personal information when you provide it to us through your use of this website, such as by placing an order or requesting information through the website. The types of personal information we may collect may include, but are not limited to: name, physical address, telephone number, email address, date of birth and product use information you may provide in requests for information, comments or responses to feedback forms, etc.

We will use your email address, without further consent, for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues. We may use personal information we collect to respond to an email or other inquiry or request, to help improve our website and our services, to customize your experience at our website, to invite you to participate in research or to send updates, notices or other material that we think may be of interest to you. Merz will not use your email address or other personally identifiable information to send promotional messages without your consent.

We may also combine this information with other generally or publicly available information to help us identify visitors’ preferences or interests. We may provide personal information to companies that assist us in performing these and other activities and functions, such as sending administrative and promotional emails and service processing and fulfillment. For example, we may disclose your email address to email fulfillment contractors to send you emails from us. Those companies are authorized to use your personally identifiable information only as necessary to provide these services to us. We will not sell or otherwise transfer the personal information you provide to us at this website to any third parties for their own use.

Information, including personal information, that we collect and use may be stored and used on servers on premises outside of Canada and may be accessible for the uses for which it was collected by Merz Canada and/or other Merz entities. By providing us any information you are consenting to the possible transmission of such information to servers outside of Canada. We retain your personal information for only as long as reasonably required for the uses for which the information was collected.

Cookies & Automatically Collected Information

Like many websites, www.mederma.ca uses a technology called “cookies.” We use this technology to provide you a richer and more personalized consumer experience. We do not store any of your personal information in cookies or other technologies on your computer.

Cookies are small pieces of information stored by your browser on your computer’s hard drive and are used in website system administration to keep track of movement of an individual from one screen to another. Our staff may use this information to detect and resolve website problems and to assist with customer support concerns. We do not collect any personally identifiable information about site visitors in this process. Most web browsers automatically accept cookies, but you can usually change your browser to prevent this. Please be assured that accepting a cookie does not give us access to your computer or personal information under any circumstances. If you disable cookies, you may be unable to order or use other features of our site. If you experience any problems, please contact us at info@merzcanada.com.

As is common among Internet site operators, we maintain web server logs. Our web server automatically collects information from your computer and navigation patterns when you visit our site, including your Internet Protocol (IP) address, the computer’s operating system, the type of browser you use, and the specific web pages visited during your connection. www.mederma.ca may use “automatically collected” information and “cookies” information to: (a) remember your information so that you will not have to reenter it during your visit or the next time you visit the website; and (b) track data such as the total number of visits to our website and the number of visitors to each page of our website.

We may use this information, in aggregate form, for system maintenance and to better understand how our visitors use our site and services so that we can make them better. We may also share statistical or demographic information in aggregate form with third parties for marketing or research purposes. This aggregate data will not contain any information that personally identifies you.

As a convenience to our visitors, this website may contain links to a number of websites that we believe may offer useful information or services. This privacy policy and provisions described here do not apply to those websites, and Merz does not make any representations or guarantees regarding those websites. We suggest contacting those websites directly for information on their data collection, distribution, and security policies.

When Merz Discloses Information

In addition to the information about Merz’s disclosure of information provided above:

  • At all times, Merz reserves the right to disclose information where if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws or respond to a court order, judicial or other government subpoena, or warrant, to protect Merz’s rights or property (including without limitation in the event of a transfer of control of Merz or substantially all of its assets), or during emergencies when safety is at risk. In some cases, we may make such disclosures without first providing notice to users.

  • Merz will not sell, trade, rent or share your personally identifiable information with other organizations for their marketing or promotional uses without your express consent.

  • Merz may disclose automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on this website.

  • Merz works with some authorized service providers to provide website hosting and maintenance services for us. To the extent it is necessary for these service providers to complete their contractual obligations to Merz, these third parties may have access to or process your personally identifiable information. Merz requires these service providers to safeguard personally identifiable information you provide to us.

  • Merz also reserves the right to disclose user information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Merz from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of this website; or to protect the rights, property, or personal safety of Merz, our users, or others.

How You Can Control and Update Data About You

We want to be sure that we keep only the most accurate and up-to-date information about you in our records. Therefore, whenever you believe that information you have given to us needs to be updated, you can email us at info@merzcanada.com to correct or update your contact information or other information, or to remove information from our records.

You may choose at any time to remove your name, telephone numbers, and postal and email addresses from any lists we might use to send notices or updates and elect not to receive correspondence from us by sending us email at info@merzcanada.com.

Other Internet sites you visit may have their own privacy policies or no policy at all. Other websites might use personal information differently than our policy permits. We strongly encourage you to review the privacy policies of any site before providing any personal information.

Our Commitment to Children’s Privacy

Protecting the privacy of young children is important to us, and www.mederma.ca is intended for adults. We do not knowingly collect personal information from children under the age of 18, and no part of the website is directed to persons under 18. If we learn that we have personally identifiable information about a child under 18 in our files, we will delete that information from our existing files so that it is not in retrievable form.

Data Integrity and Security

Merz uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information, and to help prevent the accidental loss and unauthorized access, use or disclosure of your personally identifiable information. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Merz learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on the www.mederma.ca website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us by using the Contact Us portion of this website.

Changes and Updates to this Privacy Notice

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a “last modified” date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information. Your continued use of this website constitutes your agreement to this Privacy Policy and any future revisions.

Effective Date, Date Last Modified

This Privacy Policy is effective as of August 1, 2011 This Privacy Policy was last modified in July 2011.

Who We Are

This is the www.mederma.ca Privacy Policy of Merz Canada. To address privacy matters,we may be reached by email at info@merzcanada.com or by facsimile at 905-315-1194. You can also go to the Contact Us page.

Terms of Service

These Terms of Use are a contract between you and Merz Pharma Canada Inc. (“Merz Canada”), a company with a principle place of business at 4145 North Service Rd. Suite 200, Burlington, Ontario, Canada, L7L 6A3. By using this website and any services accessible from this website, you are agreeing to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, do not visit or use this website.

This website is not intended for use by persons under the age of 18 or by any users previously suspended or removed from this website by Merz Canada. By using this website, you represent that you are at least 18 years of age and have not been previously suspended or removed from any of this website by Merz Canada.

This website is intended is intended solely for audiences in Canada and is not intended for use by any other persons

1. Ownership of Content.

This website is owned and operated by Merz Canada. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of this website (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and regulations. All Materials contained on this website are the property of Merz Canada or its parent or affiliated companies and/or third-party licensors, and it is Merz Canada’s policy to enforce its intellectual property rights to the utmost extent as set forth in applicable laws, including criminal sanctions. All trademarks, logos and service marks displayed on this website, whether registered or unregistered, are owned or licensed exclusively by Merz Canada or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials or the transmission of the Materials on this website, shall be construed as granting you any license or right in or to any patents, copyrights, trademarks, logos, or service marks owned or controlled by Merz Canada and/or any third parties. Merz Canada reserves all rights not expressly granted in this Terms of Use.

2. License.

Merz Canada hereby grants you a nontransferable, nonexclusive license to use the Materials contained on this website solely for your own personal, non-commercial use, and information. You may download and/or print a single copy of any of the Materials contained in this website for your personal use provided that both the copyright notice and the permission notice appear on the copy and provided that the Materials are not modified. You shall not otherwise reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, websites, or publications. Any reproduction, retransmission, modification or use of this website’s content for other than personal, non-commercial purposes requires the prior written consent of Merz Canada. The following copyright notice must appear on every copy of the Materials: Copyright © 2011 Merz Pharmaceuticals, LLC and Merz Canada. All rights reserved.

3. No Medical Advice.

The health information contained in this website is provided for educational purposes only and is not intended to replace discussions with a physician or other healthcare provider. Your use of this website and the Materials contained in this website is at your own risk. By using this website, you acknowledge that Merz Canada is providing the Materials for informational purposes only, and that neither Merz Canada nor its licensors are providing the Materials to you for the purpose of giving you medical advice. You should not rely on the Materials when choosing a treatment plan or evaluating any other medical advice regarding any disease or medical condition. Merz Canada and its licensors strongly urge that you consult with a physician in connection with any and all treatment options that may be available to you and independently verify any treatment information on which you intend to rely.

4. Privacy.

You confirm that you have read and accept our Privacy Policy for this website.

5. Modification of these Terms of Use; Termination.

Merz Canada reserves the right, at our discretion, to change, modify, add, or delete portions of these Terms of Use at any time without prior notification. Please check these Terms of Use periodically for changes. Your continued use of this website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Use, such amended terms will automatically be effective 30 days after they are initially posted on this website. Merz Canada reserves the right to limit, suspect or terminate your access and use of this website at any time without notice.

6. Prohibited Conduct.

As a condition to your use of this website, you agree not to:

6.1 use this website for any purposes other than to access Materials;

6.2 retransmit any Materials from this website;

6.3 create a mirror version of any of this website;

6.4 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in this website or any Materials;

6.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via this website, or perform any other similar fraudulent activity;

6.6 delete the copyright or other proprietary rights on this website;

6.7 use this website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

6.8 use this website if you are under the age of 18 years old;

6.9 remove, circumvent, disable, damage or otherwise interfere with security-related features of this website, features that prevent or restrict use or copying of any content accessible through this website, or features that enforce limitations on the use of this website;

6.10 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of this website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

6.11 modify, adapt, translate or create derivative works based upon this website or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or

6.12 intentionally interfere with or damage operation of this website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

7. Third-Party Sites, Products and Services and Links.

7.1 For the convenience of our visitors, this website may include links or references to other external websites or services (“Reference Sites”). Links to and on Reference Sites may lead to resources located on servers maintained by third parties over whom Merz Canada has no control. Merz Canada is not responsible for third-party content or the consequences of your use of the Reference Sites. Merz Canada does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Although Merz Canada attempts to provide links only to third-party websites that it expects to materially comply with all applicable laws and regulations and Merz Canada standards, please understand that the content on these third-party websites is subject to change without notice. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and we therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party website. Merz Canada makes no warranties, express, statutory or implied, with respect to the Reference Sites. You acknowledge and agree that Merz Canada shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.

7.2 Merz Canada claims no ownership in, nor any affiliation with, any third-party trademarks appearing in this website. Such third-party trademarks appear only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Merz Canada should be inferred from the use of these marks.

8. Expert Advice or Opinion.

As a useful resource to our visitors, this website may contain expert advice or opinion. Information in this website identified as expert advice or opinion, or accessed from this site by hyperlink, represents the opinions of these respective experts, which views are not necessarily those of Merz Canada.

9. Disclaimer of Warranties

Merz Canada is committed to keeping this website up-to-date. This website has been developed as a service of Merz Canada for consumers seeking basic healthcare information. Like any other service, in spite of our efforts, the information in this website may become out of date over time, and may contain inaccuracies, technical inaccuracies and/or typographical errors, and the information may be changed periodically. Accordingly, Merz Canada does not guarantee the accuracy and completeness of any information contained in this website. This website and Materials are provided to you on an “AS IS” basis. MERZ CANADA DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THIS WEBSITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

10. Limitation of Liability and Damages

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MERZ CANADA HEREBY DISCLAIMS, AND IN NO EVENT SHALL MERZ CANADA OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THIS WEBSITE BE LIABLE FOR, ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THIS WEBSITE OR ANY MATERIALS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF MERZ CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, MERZ CANADA SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR ELECTRONIC DATA. IN NO EVENT WILL MERZ CANADA’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THIS WEBSITE EXCEED $100.

11. Indemnification

You agree to indemnify, save, and hold Merz Canada, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of this website, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you in connection with your use of this website. Merz Canada reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Merz Canada, and you agree to cooperate with Merz Canada’s defense of these claims. Merz Canada will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12. Special Considerations for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from Canada, the United States and/or the country in which you reside or from which you access this website.

13. Comments and Questions

You may send to Merz Canada comments, questions, suggestions or ideas relating to this website. If you do, you agree that such information sent to Merz Canada is not given in confidence, that Merz Canada is not obligated to keep such information secret and that Merz Canada is not obligated to respond. Merz Canada shall be free to use the information you send to Merz Canada without compensation, and in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. Merz Canada may also reproduce, disclose and distribute the information in your communication to others without limitation.

14. Miscellaneous

These Terms of Use constitute the entire agreement between you and Merz Canada and govern your use of this website, superseding any prior agreements between you and Merz Canada (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by Merz Canada. Except to the extent prohibited by law, these Terms of Use shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to conflicts of law principles. The failure of Merz Canada to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, you and Merz Canada nevertheless agree that (a) the court should endeavor to give effect to the intentions as reflected in the provision, and (b) the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against Merz Canada and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of this website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred, except where prohibited by law. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Copyright 2011 Merz Pharmaceuticals, LLC and Merz Pharma Canada Inc.. All Rights Reserved.