A. Overview

To place an order and purchase our products and services (“Products”) from the Website and from Argen you will need to provide us information about yourself. Argen is committed to protecting the privacy of our Users. We want to provide a safe, secure User experience. This Privacy Policy describes our privacy practices with the Website, the Personal Data we collect about you, how we collect it, how we use it and with whom we share it. This Privacy Policy also describes the choices you can make about how we collect and use your Personal Data. This Policy does not apply to the practices of companies that we do not own or control, or to people whom we do not employ or manage.

By using our Website or buying Products from us, you expressly consent to our collection and use and disclosure of your Personal Data in the manner described in this Privacy Policy. If you object to your Personal Data being transferred or used as described in this Privacy Policy, please do not send or upload any information to us or order any Products from our store or use our Website.

B. Definitions

• Cookies. Cookies are small pieces of data stored on your device (computer or mobile device).
• Data Controller. Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
• Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the service of various Service Providers in order to process your data more effectively.
• Data Subject (or User). Subject is any living individual who is using our Website and is the subject of Personal Data. For the purpose of this Privacy Policy, you are a Data Subject.
• Personal Data. Data means information about a living individual who can be identified from such information (or from those and other information either in our possession or likely to come into our possession).
• Usage Data. Data is data collected automatically by the use of the Website infrastructure itself (for example, dates and times of Website visits or usage, the duration of a page visit or the download of documents, IP addresses, browser characteristics, device characteristics, operating system, language preferences, referring URLs and information on actions taken on our Service).

C. How we collect your Personal Data:

We collect information in different ways from Users who access our Website. We collect information from you in the following ways:

• When you use the Website and when you submit information to us through the Website;
• When you place an order for Products with us through the Website or by telephone or by email;
• When you communicate with us by completing forms on the Website or by telephone, email or other means;
• When you attend one of our courses, webinars or seminars; and
• Through third party tools used to collect User behavior, such as through Cookies. We may also receive reports based on the use of these technologies from our Service Providers on an individual as well as aggregated basis.

D. What Types of Personal Data of yours we Collect:

We collect different information from you from depending on how you engage with us:

• When you create an account on the Website, we collect biographical information such as your name, email address, employer, phone number and other information you provide to us;
• When you purchase Products from us, we collect your shipping/billing address, credit card information or other payment information;
• When you communicate with us through email or through our social media accounts, we collect information such as your name and e-mail address;
• When you use of our Website, we collect Usage Data; and
• We also collect information by using Cookies and.

E. How your Personal Data is processed and used:

We may process and use your Personal Data primarily to perform a contract with you, and to otherwise deliver the Website and its features for you, including:

• To create your account on the Website;
• To fulfill your Product orders; and
• To assist us in operating and improving our Website, including to anonymize, de-identify and aggregate your Personal Data, following which processing it will no longer be considered Personal Data.

We may also process your Personal Data because it is necessary for our or a third party's legitimate interests and it’s not overridden by your rights. In this respect, we may use your Personal Data to:

• To respond to your requests, and contact you regarding your use of the Website or regarding our Products or to contact you regarding Website changes;
• To personalize your use of the Website by using Cookies to recognize you if you visit multiple pages during the same session, so that you don’t need to re-enter your information multiple times, and to activate certain localized features, such as the selected language or region version of the Website;
• To analyze trends, measure page views and performance, administer the Website, track Users’ movements around the Website; and to gather demographic information about our User base as a whole; and
• We use Cookies to remember Users’ preferences (e.g. search filters), for authentication, for source tracking and for analytics; and
• To measure and improve our customer service.

We may also process your Personal Data for our compliance with our legal obligations. In this respect, we may use your Personal Data for the following:

• When necessary to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law;
• When necessary to investigate potential fraud and violations of this Policy or any other agreement we have with you and to enforce or apply our agreements with you; and
• To protect our rights or the property or safety of our employees, Users or members of the general public.

F. With whom will we share your Personal Data:

We will not sell your Personal Data to anyone, for any purpose. We generally do not share your Personal Data with third parties. However, we may share your Personal Data:

• If we have received your permission beforehand;
• With our employees, if necessary for the fulfillment of your Product orders with us. Our employees must have a business reason to obtain access to your Personal Data;
• With our third party Service Providers when they meet the requirements of this Privacy Policy, and when necessary for them to perform functions on our behalf, such as, hosting our web servers, processing payments, providing marketing assistance, and providing customer service. These service providers will have access to your Personal Data as necessary to perform their functions, but they may not share that information with any third party;
• In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency;
• When we believe disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing;
• To establish or exercise our legal rights, to defend against legal claims, or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion;
• With the Food and Drug Administration (“FDA”) when necessary to comply with the Medical Device Reporting (“MDR”) regulation (21 CFR Part 803) in the event of reportable device-related adverse events; and
• If Argen (or substantially all of our assets) is acquired, your Personal Data would be transferred along with the other business assets as permitted by law. We may also disclose your Personal Data to nonaffiliated third parties as permitted by law.

G. Your Data Protection Rights and Choices:

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us using the details set out below. You have the right to:

• Access. Access or update the information we have on you. Find out if we use your Personal Data, access your Personal Data and have it corrected or amended if it is inaccurate or incomplete.
• Withdraw consent. Withdraw any express consent that you have provided to the processing of your Personal Data at any time without penalty.
• Object. You have the right to object to our processing of your Personal Data.
• Data portability. Obtain a transferable copy of some of your Personal Data which can be transferred to another provider when the Personal Data was processed based on your consent.
• Rectification. If you believe your Personal Data is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your Personal Data, you also have the right to request that we restrict the processing of your data pending our investigation and/or verification of your claim.
• Deletion or restriction. Request your Personal Data be deleted or restricted under certain circumstances. For example, if we are using your Personal Data on the basis of your consent and has no other legal basis to use such, you may request your Personal Data be deleted when you withdraw your consent.

If you wish to exercise any of these rights or raise a complaint on how we have handled your Personal Data, please contact us at privacy@argen.com or via the details below.

You additionally have choices regarding the collection, use, and sharing of your Personal Data.

• You have a right at any time to stop us from contacting you for promotional marketing purposes. If now or in the future you receive promotional or electronic newsletter communications from us, you may indicate a preference to stop receiving such communications from us, and you will have the opportunity to “opt-out” by clicking the “Unsubscribe” hyperlink at the bottom of all such communications. Notwithstanding your indicated email marketing preferences, we may send you administrative emails regarding the Service, including, for example, order confirmations or updates to our Privacy Policy or our other terms and conditions.
• You may be able to configure your browser to accept or reject all or some Cookies or notify you when a Cookie is set — all browsers are different, so check the “Help” menu of your particular browser to learn how to change your Cookie preferences. Please note that if you have set your browser to refuse Cookies, you will not be able to be authenticated and thereby you will not be able to use many of the features of the Website - you will only be able to browse public portions of our Website. Users can control the use of Cookies at the individual browser level. You can contact us via email at privacy@argen.com with any questions.

Users of the Website from California:

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a policy identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this Privacy Policy, please submit a written request to the address at the end of this document.

H. Retention of Data:

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to perform a contract with you, comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

I. Service Providers:

We may employ Service Providers, to process Website-related data on our behalf, to perform Website-related service or to assist us in analyzing how our Website is used and Products are ordered and paid. Each of these Service Providers is contractually obligated to provide services to us in a manner consistent with this Privacy Policy.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose and must comply with the requirements for third party processors set forth in this Privacy Policy.

We require third-party controllers to whom we disclose your Personal Data to contractually agree to (i) only process such Personal Data for the limited and specified purposes consistent with the consent you provide; and (ii) provide the same level of protection to your Personal Data as required under this Privacy Policy; and (iii) notify us if the third-party controller makes a determination that it can no longer meet the foregoing obligations.

In addition, when we transfer your Personal Data to a third party processor acting as our agent, we will: (i) transfer such Personal Data only for the limited and specified purposes consistent with the request or consent you provide; (ii) contractually require the processor to provide at least the same level of privacy protection as is required by this Privacy Policy; (iii) require the processor to notify us if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the this Privacy Policy. Should we receive any such notice, we will take reasonable and appropriate steps to stop and remediate unauthorized processing.

We shall remain liable should our processors process Personal Data in a manner inconsistent with this Privacy Policy, unless we can prove we are not responsible for the event giving rise to the damage. We acknowledge our liability for such data transfers to third parties in violation of this Privacy Policy.

J. Security Procedures

We will take all efforts to safeguard your Personal Data and other information and the privacy of your payment information and will not use it or share it except as provided above. We restrict access to your Personal Data to our employees who need to have access to the information to as necessary to enable us to use it as permitted above. We use physical, electronic, and procedural safeguards that comply with applicable federal regulations to protect your personal information. Your account information is password-protected and is protected by industry-standard SSL-encryption during data transmissions and is stored in encrypted form on our servers. We do not store any payment information on our servers and only collect such information for transmission to our Service Providers when they meet the requirements of this Privacy Policy and as required to process your transaction. Notwithstanding the foregoing, we cannot and do not guarantee encryption or the privacy of your Personal Data and payment information from unauthorized intrusions or access to our servers and materials.

K. Children

Children are not eligible to use our Website. We ask that minors (under the age of 18) do not submit any personal information to us, order any Products, or attempt to use our Website under any circumstance. We do not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are accessing our Website or using our Services. If we learn that we have inadvertently collected Personal Data from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us.

L. Visiting Our Website from Outside the United States

We store and process all Personal Data within the US.

If you are visiting our Website from outside the United States, please be aware that your information will typically be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your Personal Data is protected. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

If your Personal Data is subject to GDPR, in the course of providing the Website to you, we may transfer your Personal Data outside of the EU, principally to our servers in the United States; this means that your Personal Data will not have the automatic protection of European data protection laws (including the GDPR) which apply in the EU. In these circumstances, in order to ensure that your Personal Data continues to have adequate protection when it is transferred outside the EU, your Personal Data will only be transferred on one of the following bases:

• Where the transfer is subject to one or more of the appropriate safeguards for international transfers prescribed by applicable law (for example, standard data protection clauses adopted by the European Commission);
• A European Commission decision provides that the country or territory to which the transfer is made ensures an adequate level of protection; or
• There exists another situation where the transfer is permitted under applicable law (for example, where we have your explicit consent).

M. Changes To This Privacy Policy:

From time-to-time we may modify, change, update, add to, remove portions of or otherwise alter this Privacy Policy. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Website, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. If you object to any such changes, you must immediately cease using the Service.

N. Contact, Questions or Feedback:

When we receive formal written complaints regarding our Privacy Policy, it is our policy to contact the person regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of Personal Data that cannot be resolved between us and an individual.

If you have any questions about our Privacy Policy, you can always contact us in any of three ways:

Send us an e-mail: privacy@argen.com

Call us at: 800.255.5524 or

Write to us at: The Argen Corporation
8515 Miralani Dr
San Diego, CA 92126
Attention: Privacy