Legal & Privacy

Please read these Terms and Conditions of use carefully before using or obtaining any content through this website.

By accessing, using or obtaining any content through this website (“Site”), you agree to be bound by these terms. If you do not accept all of these terms, then please do not use this Site.

1. Use of this Site

License -- Disetronic Medical Systems, Inc. (“Disetronic”) grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms and Conditions (the “Terms”). Any rights or licenses not expressly granted herein are reserved. You may use the Site only for your personal, non-commercial use, and not to provide services to a third party.

Other Limitations -- Unless otherwise provided within these Terms, or unless specific applicable law requires us to allow you to do so, you may not do any of the following:

• Attempt to gain unauthorized access to other accounts, computer systems or networks connected to the Site or any materials or information not intentionally made available through this Site.
• Use or access the Site in a way that may adversely affect the performance or function of the Site, or any other computer systems used by us or others.
• Transmit to the Site or use any software (e.g., spyware, viruses, Trojan horses, worms, etc.) that may damage or interfere with the normal operation of the Site, impose an unreasonable load on our information technology systems, or infringe upon the rights of a third party.

Termination -- In our sole discretion, Disetronic may at any time terminate or restrict your access to the Site, even if access continues to be allowed to others. Accessing the Site after such termination shall constitute an act of trespass.

Changes -- Any aspect of the Site may be changed or discontinued at any time. We make no commitment to update the information contained on this Site.

2. Privacy

Your use of the Site is subject to our Privacy Statement. You agree that you have read our Privacy Statement, that it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Statement.

3. Availability, Content & Links

Availability -- Disetronic shall use reasonable commercial efforts to keep the Site available, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times.

Content -- The content available on this Site (the “Content”) is intended for information purposes only. Although Disetronic exercises reasonable efforts to ensure the quality and accuracy of such Content, there may be errors, or the information provided may not be complete, current, or applicable to your particular situation.

Links to third party sites -- For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our Site. We are not responsible for third party sites. You should carefully review the terms and conditions of use of these sites, because such terms will apply to your visit to these other sites.

We do not recommend or endorse particular products, services, information or web sites of any third parties or make any determination whether any such product, service, information or web site may be either necessary or appropriate for you or for the use in rendering care to patients.

4. Intellectual Property

Ownership -- Disetronic and, as applicable, third party licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by laws governing copyright, trademark, patent, trade secrets, unfair competition, and other laws worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.

Trademarks -- The Marks that appear on the Site are registered or common-law trademarks or service marks of Disetronic and, as applicable, third party Mark holders. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed, except as an integral part of any authorized copy of the Content.

5. Fees

Subject to the Terms and Conditions, you are welcome to use this Site free of charge.

6. Disclaimers & Warranties

Medical Disclaimer -- IN PROVIDING CONTENT ON THIS SITE, DISETRONIC DOES NOT GIVE MEDICAL ADVICE, NOR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. The Content available through the Site is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. Your reliance upon Content obtained by you at or through the Site is solely at your own risk.

Always seek the advice of your physician or health care professional if you have questions regarding a medical condition. In a medical emergency, call your physician or 911 immediately.

Warranties -- Any information available through the Site may contain inaccuracies or errors. The site is provided to you on an "as is, with all faults" basis, and your use thereof is at your own risk. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. Without limiting the foregoing, we make no warranties of any kind about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy or completeness of the Content contained within the Site for any purpose, that communications to or from the Site will be secure and not be intercepted, or that use of the Site will be uninterrupted. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Site.

Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

7. Limitation of Liability

Disetronic shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Site. Disetronic is not responsible for any content sent using and/or included in the Site by any third party.

In no event shall Disetronic be liable for any injury, loss, claim, damage or any direct, indirect, punitive, incidental, special, consequential damages or any damages for any use of the Site or any linked site, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site, the provision of, or failure to provide any Content obtained through the Site or otherwise arising out of the use of the Site, any use of, browsing or downloading of the Site, any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of a record whether based on contract, tort, negligence, strict liability or otherwise, even if Disetronic has been advised of the possibility of damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, therefore the above limitation may not apply to a specific user.

If, despite the limitations above, Disetronic is found liable for any loss or damage that arises out of or is in any way connected with any of the occurrences described in the limitations above, then, to the extent permitted by applicable law, Disetronic’s liability will not exceed, in total, the sum of the lesser of CAN $1,000 or the fees, if any, that we charge you for the use of the Site.

Notwithstanding the other provisions of these Terms, you and we agree that the foregoing limitation of liability is an agreed allocation of risk between you and us and reflects the fees, if any, we charge you to use the Site. You acknowledge that absent your agreement to this limitation of liability, we would not provide the Site to you.

8. Indemnification

You specifically agree to indemnify and hold Disetronic, its subsidiaries and affiliates, and each of their respective officers and employees harmless from any claim, demand or damage, including reasonable attorneys', court and consultant fees, asserted by any third party due to or arising out of, or as a result of (1) your use of or conduct on the Site, (2) your breach of these Terms, (3) your violation of any law or the rights of a third party.

9. Governing Law & Venue

Governing Law -- The internal, substantive laws of the State of Indiana, without regard to its conflict of law rules, will govern these Terms.

Venue -- If you take any legal action relating to your use of our Site or these Terms, you agree to file such action only in the courts of the State of Indiana. You specifically consent to the personal jurisdiction of the courts of the State of Indiana over any and all such claims, disputes, actions, suits and litigation whether brought by you, in your name or on your behalf, or whether brought by us, any Content provider or any other party, or in any way relating to this Agreement or any user's access to or use of the Site.

10. General

Miscellaneous -- You may not assign, convey, subcontract, or delegate your rights, duties, or obligations hereunder. If we fail to act with respect to a breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. These terms and conditions shall be deemed severable. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced as fully permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for convenience and reference; they do not limit or affect these Terms. These Terms, which incorporate those items made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Site, and replaces any prior understandings or agreements (whether oral or written) regarding use of the Site.

Modifications -- Disetronic may modify, revise, or update these Terms, at any time, by updating this posting. You should visit this page from time to time to review the then-current Terms, because they are binding on you. Your continued use of the Site, following the posting of any modification, will be subject to the Terms in effect at the time of your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

Contacting Disetronic -- If you have any questions or concerns, or if you need further assistance with respect to access to or use of the Site, you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

Disetronic Medical Systems, Inc.
11800 Exit 5 Parkway, Ste. 120
Fishers, IN 46037
1-800-280-7801
info@disetronic-ca.com

Disetronic Medical Systems, Inc. Privacy Statement Canada

Effective Date: February 6, 2006

THIS STATEMENT DESCRIBES HOW YOUR PERSONAL INFORMATION, INCLUDING PERSONAL HEALTH INFORMATION, MAY BE COLLECTED, USED AND DISCLOSED BY DISETRONIC MEDICAL SYSTEMS, INC. AS WELL AS HOW YOU MAY ACCESS THIS INFORMATION. PLEASE REVIEW PRIVACY STATEMENT CAREFULLY.

Introduction?

Disetronic Medical Systems, Inc. (“Disetronic”) is a provider of ACCU-CHEK™ products and services as well as a supplier of infusion sets and supplies for all brands of insulin pumps in Canada. In the course of providing our products and services, Disetronic may collect Personal Information, and we have prepared this Privacy Statement to inform you about our ongoing commitment to ensuring that the Personal Information obtained during the course of our activities remains accurate and confidential. We understand that information about you and your health is Personal Information and we are committed to protecting your privacy. This Statement describes how we may collect, use, disclose and retain Personal Information about you.

What is Personal Information?

We consider “Personal Information” to mean any information, including personal health information, provided verbally or in writing and recorded in any form, about an identified individual or an individual whose identity may be inferred or determined from such information, other than business contact information (e.g. name, title, business address). This may include information such as:

• facts (e.g., age, name, ID number, income, ethnic origin, or blood type);
• subjective statements (e.g., intentions, opinions, evaluations, comments);
• records (e.g., medical, financial); and
• any other information, which may be voluntarily disclosed to Disetronic in the course of our relationship with an individual.

This Statement does not cover aggregated data from which the identity of an individual cannot be determined. Disetronic retains the right to use aggregated data in any way that it determines appropriate.

Our Purposes In Collecting Your Personal Information

If you seek to or have acquired a product or service from us, Disetronic will collect, use and may disclose your personal information for the purposes of:

(a) Understanding your needs and determining the suitability of particular products or services for you;
(b) Providing you with our products and services;
(c) Providing technical support and related services in connection with our products and services;
(d) Obtaining payment, or enquiring as to possible coverage, for our products or services provided to you;
(e) Facilitating your possible reimbursement of expenses for any treatment costs under an insurance plan;
(f) Where circumstances require, collecting amounts outstanding from you;
(g) Contacting you about scheduled shipments;
(h) Informing you about health-related products and services we provide that may be of interest to you;
(i) Evaluating the performance of our staff;
(j) Protecting against fraud;
(k) Meeting legal and regulatory requirements, including reporting requirements; and
(l) Fulfilling such other purposes consistent with these purposes.

How Disetronic Collects and Uses Personal Information

Disetronic only collects, uses and discloses Personal Information for purposes that would be considered reasonable in the circumstances and only such information as is required for the purposes of providing products, services or information. We use only fair and lawful methods to collect Personal Information.

We may record telephone calls you make to Disetronic for quality assurance purposes.

Our use of Personal Information is limited to the purposes described in this Statement and Disetronic does not otherwise sell, trade, barter, exchange or disclose for consideration any Personal Information it has obtained.

Personal information will be collected, to the extent possible, directly from the individual concerned. Disetronic may collect from, use and disclose to other sources, including health care providers, where collection is necessary for the purposes described above.

Disetronic does not sell products to children, but does sell products that may be used by children under the supervision of their parents or guardians. We do not knowingly collect Personal Information from children under age 13. We may obtain information about children under age 13 in connection with the purchase of Disetronic products by their parents or guardians.

Please note that your use of the ACCU-CHEK™ Connect U Interactive Diabetes Education website (“Connect U site”) may involve your provision of what we consider personal information. The server hosting the Connect U site is located in the United States and our collection of this information is subject to the laws of the State of Indiana and the United States. Your provision of such information through the Connect U site constitutes your consent to such collection.
The personal information we ask for will depend upon which product or service you may obtain.

When Disetronic May Disclose Your Personal Information

Disetronic may disclose your Personal Information to individuals or organizations who are our business associates, advisers or service providers. These may, for example, be individuals or organizations who are, or may be, involved in a transfer of all or part of our assets or business; maintaining, reviewing and developing our business systems, procedures and infrastructure, including testing or upgrading our computer systems; or a corporate re-organization of Disetronic.

Where Disetronic discloses Personal Information to individuals or organizations that perform services on its behalf, we will require those service providers to use such information solely for the purposes of providing services to Disetronic, its clients or the person concerned and to have appropriate safeguards for the protection of that Personal Information. We will require all such third parties receiving Personal Information to comply with the privacy principles of this Statement.

Where Personal Information may be subject to transfer to another organization in contemplation of a merger, sale of Disetronic assets or Disetronic business units or change of ownership of all or part of Disetronic, we will do this only if the parties have entered into an agreement under which the collection, use and disclosure of the information (including any Personal Information) is restricted to those purposes that relate to the business transaction, including a determination of whether or not to proceed with the business transaction, and is to be used by the parties to carry out and complete the business transaction.

Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Disetronic is obliged to disclose information without consent. Such circumstances may include:

(a) Where required by law or by order or other requirement of a court, administrative agencyor governmental tribunal;
(b) Where Disetronic believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
(c) Where it is necessary to establish or collect monies owing to Disetronic;
(d) Where it is necessary to permit Disetronic to pursue available remedies or limit any damages that we may sustain; or
(e) Where the information is public.

Where obliged or permitted to disclose information without consent, Disetronic will not disclose more information than is required.

Upon request, but subject to permitted exceptions, restrictions and limitations, Disetronic shall provide an account of the use that has been made or is being made of your Personal Information and to whom it has been disclosed.

Consent

Unless permitted by law, no Personal Information is collected, without first obtaining the consent of the individual concerned to the collection, use and dissemination of that information. However, we may seek consent to use and disclose Personal Information after it has been collected for a purpose not identified in this Policy Statement or not previously identified or for which the individual concerned has not previously consented.

By providing Personal Information to Disetronic you agree and consent that we may collect, use and disclose your Personal Information in accordance with this Privacy Statement. In addition, where appropriate, specific authorizations or consents may be obtained from time to time.

In most cases and subject to legal and contractual restrictions, you are free to refuse or withdraw your consent at any time upon reasonable, advanced notice, except to the extent we have already acted in reliance on your previously provided consent. It should be noted that in certain circumstances, services can only be offered if you provide Personal Information to Disetronic. Consequently, if you choose not to provide us with any required Personal Information, we may not be able to offer you the services requested. We will inform you of the consequences of the withdrawal of consent.

The Accuracy And Retention Of Personal Information

Disetronic endeavours to ensure that any Personal Information provided and in its possession is as accurate, current and complete as necessary for the purposes for which we use that information. If we become aware that Personal Information is inaccurate, incomplete or out of date, Disetronic will revise the Personal Information and, if necessary, use its best efforts to inform third parties which were provided with inaccurate information so that those third parties may also correct their records.

We keep your Personal Information only as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the service and the nature of the information. This period may extend beyond the end of a person’s relationship with us but for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date.

When your Personal Information is no longer required for our purposes, we have procedures to destroy, delete, erase or convert it into an anonymous form.

Currently, the principal place in which Disetronic holds Personal Information is in the city of Fishers, Indiana in the United States and nearby municipalities where off-site storage facilities may be located. Disetronic also maintains a server for database consolidation in Newark, New Jersey. Please note that your Personal Information may be processed and/or stored outside of Canada and subject to the laws of the jurisdiction in which it is stored. Your provision of such information constitutes your consent to such transfer.

Protection of Personal Information

Disetronic endeavours to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to our disposal or destruction of Personal Information.

Disetronic further protects Personal Information by restricting access only to those employees and service providers that our management has determined need to know that information, in order that we may provide our services.

If any employee of Disetronic misuses Personal Information, this will be considered as a serious offence for which disciplinary action may be taken, up to and including termination of employment. If any individual or organization misuses Personal Information - provided for the purpose of providing services to or for Disetronic - this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between Disetronic and that individual or organization.

Access To Your Personal Information

Disetronic permits the reasonable right of access and review of Personal Information held by us about an individual and will endeavour to provide the information in question within a reasonable time, generally no later than 30 days following the request. To guard against fraudulent requests for access, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections.

We will provide information from our records in a form that is easy to understand. Disetronic reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes to be appropriate.

Disetronic reserves the right to decline to provide access to Personal Information where the information requested:

(a) Would disclose (i) Personal Information, including opinions, about another individual or about a deceased individual; or (ii) trade secrets or other business confidential information that may harm Disetronic or the competitive position of a third party;
(b) Would interfere with contractual or other negotiations of Disetronic or a third party;
(c) Is subject to solicitor-client, litigation or other legal privilege;
(d) Is not readily retrievable and the burden or cost of providing it would be disproportionate to the nature or value of the information;
(e) Does not exist, is not held, or cannot be found by Disetronic;
(f) Could reasonably result in (i) serious harm to the treatment or recovery of the individual concerned, (ii) serious emotional harm to the individual concerned or another individual, or (iii) serious bodily harm to the individual concerned or another individual;
(g) May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by law to perform such functions; or
(h) May be withheld or is requested to be withheld under applicable legislation.

Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.

Disetronic will not charge you for verifying or correcting your information, however, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records.

Web Site

Our Web servers track general information about visitors such as their domain name, time of visit, IP address and which pages are being accessed. This information is used only in aggregate form, to better serve visitors by helping us to:

a) Manage this site;
b) Diagnose any technical problems; and
c) Improve the content of our website.

Our Use of Cookies

In browsing the Web, you will encounter a technology known as "cookies", which are files that are stored when an individual visits a website. Internet browsers are generally configured to accept cookies. If you do not wish to accept cookies, you can set your browser to refuse cookies or to alert you when cookies are being sent.

"Session" cookies are temporary bits of information that are erased once a visitor exits its Web browser or otherwise turn its computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. Our website [does not use] [uses] session cookies.

"Persistent" cookies are more permanent bits of information that are placed on the hard drive of a visitor's computer and stay there until deleted. Persistent cookies store information for a number of purposes, such as retrieving certain information previously provided (e.g., passwords) or customizing the website based on visitor preferences. Our website [does not use] [uses] persistent cookies.

Resolving Your Privacy Concerns

In the event of questions about: (i) access to your personal information; (ii) Disetronic’s collection, use, management or disclosure of personal information; or (iii) this Privacy Statement, please contact by calling or writing:

Privacy Contact Person Disetronic Medical Systems, Inc.
11800 Exit 5 Parkway, Suite 120
Fishers, IN46037
(317) 570-5100
(800) 280-7801
privacy@disetronic-usa.com

Please note that any communication over the internet through email is susceptible to possible misrouting or interception and misuse by third parties of the information being communicated. Insofar as the privacy of your communication cannot be assured, we encourage you to refrain from including any sensitive information in any email transmission.

Afterwards, if your concern remains unresolved, you may contact the Office of the Privacy Commissioner of Canada, 112 Kent Street, Ottawa K1A 1H3 or call at 1-800-282-1376.

Amendment of Privacy Statement

This Statement is effective February 6, 2006 and governs our privacy practices respecting Canadian residents on and after that date. The effective date of any changes to this Statement will be located in the upper right hand corner of the first page.

Disetronic reserves the right to change our privacy practices and this Statement at any time. Any amendment of our practices and this Statement will apply to Personal Information that Disetronic already holds or which we receive or generate after the change. We will also post the most current version of this Statement on our web site: www.disetronic-ca.com.