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GDPR HCP Privacy Notice

Effective Date: May 25, 2018

What is the scope of this Privacy Notice?

This EU General Data Protection Regulation (GDPR) Privacy Notice explains how Allergan plc, including our affiliated entities (referred to collectively as “Allergan,” “we,” “our,” or “us”) handles your Personal Data and can include Personal Data about others where you share their Personal Data with us. It details how we collect your Personal Data, why we collect it, and to whom we may share it. This Privacy Notice also discloses your Personal Data rights. It applies to all your Personal Data, including Personal Data stored electronically or in hard copy.

What Personal Data may we collect about you?

Allergan collects and processes your Personal Data, which can come directly from you, publicly available sources (for example, academic journals you may have published an article in), or third-parties with whom we contract (for example IMS/IQVIA). Personal Data includes all information that identifies you or can be used to identify you.

The types of your Personal Data we collect depends on the nature of your relationship with Allergan and applicable laws. The Personal Data we process about you, includes the data we collect directly from you either as part of your business relationship with us or through other interactions you may have with us.

In addition, we may obtain Personal Data about you from publicly available sources and third parties, which may include the following categories of Personal Data:

  • Name;
  • Age and date of birth;
  • Data collected from Cookies;
  • Business contact information (address, telephone, email address);
  • Personal contact information (address, telephone, email address);
  • Training and qualifications;
  • Organizational or institutional affiliations;
  • Information about your professional accomplishments and activities (such as papers you may have published or research you may have conducted);
  • Programs and activities in which you participated;
  • Opinions about us or our product and services;
  • Payment related information;
  • Communication and other personal preferences;
  • Product request information;
  • Photographs and video;
  • Training acknowledgements; and/or
  • Financial information (such as tax identification numbers, bank account routing numbers, corporate card number)

How will we use your Personal Data?

Processing of your Personal Data includes where we may record, organize, structure, store, adapt or alter, retrieve, consult, use, disclose by transmission, dissemination, or otherwise make available, align or combine, restrict, erase, or destroy your Personal Data.

We may process your Personal Data for the following purposes:

  • Processing and reporting of adverse events;
  • To communicate product safety information to you;
  • Responding to your requests for information, products, or services;
  • Our company compliance and facility and network security purposes;
  • Authorizing, granting, administering, monitoring, and terminating access to or use of Allergan systems, facilities, records, property, and infrastructure;
  • Internal investigations of possible misconduct or failure to comply with our policies and procedures;
  • Auditing our programs and services for compliance purposes;
  • Legal proceedings and government investigations (such as pursuant to warrants, subpoenas, and court legal orders);
  • Where we have Legal obligations to process the personal data;
  • Communications regarding our studies;
  • Communications about market research and product developments;
  • Communications about product information;
  • Communications about publications, speaking engagement, seminars, and other educational events, focus groups, or other HCP engagement functions;
  • Communications about general health information (such as information on certain health conditions);
  • To administer promotional programs (such as sweepstakes, rewards, and rebate programs);
  • To determine your eligibility for certain products, services, or programs;
  • Study management, including monitoring of study activities;
  • Conflict of interest reporting;
  • Recruitment;
  • Business travel and expense management;
  • Determining training requirements;
  • Organizational planning and development (such as internal communications, budgets, administration, and project management);
  • Training or scientific and educational programs;
  • Engaging scientific experts and leaders;
  • Business and marketing research;
  • Product orders or requests for samples;
  • Providing you access to our resources;
  • Tracking your interactions (online and offline) with us;
  • Creating details of your business practices, activities, and interactions to understand your needs and preferences related to our products and services;
  • Financial disclosure reporting (such as tracking and reporting of payments and other transfers of value to you);
  • Contract management;
  • Payment processing; and/or
  • Website administration

For any additional purposes where we are required to notify you and get your consent, including those purposes required by local law, we will obtain your consent before we process your Personal Data for those purposes.

What is our legal basis for Processing your Personal Data?

The applicable legal basis for which we process your Personal Data for the specific purposes listed above, include the following:

  • Based on your consent: In some cases, we may ask you for your consent to collect and process your Personal Data. If you choose to provide us with your consent, you may later withdraw your consent (or opt-out) by contacting us as described in the “how do you contact us” section below. Please note that if you withdraw your consent it will not affect any processing of your Personal Data that has already occurred. Where we process your Personal Data based on consent, we will provide more detailed information to you at the time when we obtain your consent.
  • Compliance with applicable laws or performance of a contract: In specific circumstances, we may need to process your Personal Data to comply with a relevant law/regulation or to fulfill our obligations under a contract to which you are subject. Where we process your Personal Data to meet our legal obligations, you will likely not be permitted to object to this processing activity, but you will usually have the right to access or review this information unless it would impede our legal obligations. Where we are processing to fulfill our contract obligations under a contract where you are a party, you might not be able to object to this processing, or if you do choose to opt-out or object to our processing, it may impact our ability to perform a contractual obligation that you are owed.
  • Our legitimate interest: We may process your Personal Data based on our legitimate interests in communicating with you and managing our interactions with you regarding our products and services, scientific research, and education opportunities. In addition to the other rights you may have described below, you have the right to object to such processing of your Personal Data. You can register your objection by contacting us as described in the “how do you contact us” section below.

To whom and when will we disclose or share your Personal Data?

We will share or disclose your Personal Data with the following entities:

  • Our global affiliates, as we discuss below.
  • Third parties with whom we contract to carry out services on our behalf to perform activities or functions related to the processing purposes regarding your Personal Data that are described above. If we do, we will require that these third parties acting on our behalf protect the confidentiality and security of your Personal Data that we share with them. These third parties must contractually agree that they will not use or disclose your Personal Data for any other purposes than necessary to provide us services, perform services on our behalf, or to comply with applicable laws or regulations.
  • Government agencies and authorities and to public websites for clinical studies. If you participate as a clinical investigator in any of our studies, we may publicly disclose your name, business contact information, and your relationship with us. This information may be posted online on our website, the European Clinical Trials Database, ClinicalTrials.gov, other similar sites, and in printed materials.
  • Government agencies, auditors, and authorities. If we pay you for services you provide, we may disclose your Personal Data, including your financial relationship with us and any amounts you have been paid by us, to government authorities, auditors, and agencies, relating to our regulatory activities, in response to authorized information requests, or as otherwise required by laws, regulations, or industry codes.
  • Potential or actual third party purchasers. If we decide to reorganize or divest our business through a sale, merger, or acquisition, we may share your Personal Data with actual or prospective purchasers. We will require that any such purchasers treat your Personal Data consistently with this Privacy Notice.

How do we transfer your Personal Data internationally?

We may transmit your Personal Data to our other global affiliates. Allergan affiliate names and contact details can be found at https://www.allergan.com/home. Additionally, these affiliates may further transmit your Personal Data to our other global affiliates. Some of our affiliates and their database locations may be in countries that do not ensure an adequate level of data protection similar to the laws in the country in which you reside. Regardless, all our affiliates are required to treat your Personal Data in accordance with this Privacy Notice and our privacy and data protection policies and procedures.

EU-US and Swiss-US Privacy Shield Notice: Allergan and its affiliates in the United States may receive Personal Data from individuals in the European Economic Area (EEA) and Switzerland. We comply with the EU-US and Swiss-US Privacy Shield Principles (Privacy Shield Principles), with respect to the collection, use, and retention of Personal Data from the EEA and Switzerland. If there is any conflict between the terms of this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles will govern. For more information about the Privacy Shield Framework and to view our certification, go to https://www.privacyshield.gov/. The International Centre for Dispute Resolution (ICDR) acts as our third-party dispute resolution provider, as required by the Privacy Shield Framework. If you have a complaint about our Privacy Shield compliance, you can contact us directly or contact the ICDR at https://www.adr.org/aaa/faces/services/fileacase. In certain circumstances it may be possible for you to invoke binding arbitration. We are subject to the investigatory and enforcement powers of the US Federal Trade Commission regarding our adherence to the Privacy Shield Principles.

We may transmit your Personal Data to our third parties with whom we contract to carry out services on our behalf to perform activities or functions related to the processing purposes regarding your Personal Data that are described above. Our third parties are contractually obligated to comply with applicable laws or regulations, including having a valid EU Personal Data cross-border transfer mechanism in place to receive the EU personal data, which can include an “adequacy” determination by the European Commission, EU-US and/or Swiss-US Privacy Shield certifications, and/or executing EU Standard Contractual Clauses with us.

For more information about our cross-border transfers of your Personal Data, please contact us using the information as described in the “how do you contact us” section below.

How do we protect your Personal Data?

We use industry-standard administrative, technical, and physical safeguards to protect your Personal Data against loss, theft, misuse, unauthorized access, modification, disclosure, and destruction. We restrict access to your Personal Data to only those employees and third parties acting on our behalf who have a legitimate business need for such access. We will only transfer your Personal Data to third parties acting on our behalf where we have received written assurances that your Personal Data will be protected in a manner consistent with this Privacy Notice and our privacy policies and procedures.

How long do we retain your Personal Data?

Your Personal Data will be maintained for the duration of your relationship with us. We will store and retain the Personal Data we collect about you in accordance with our Corporate Record Retention Policy, after which it will be archived or deleted. A detailed schedule of our retention practices can be found at https://www.allergan.com/home. Please note that certain information could be retained for longer periods of time if we have continuing obligations to you or if required by local law.

What are your rights?

You have the right to see and get a copy of your Personal Data, including an electronic copy, that we have as well as to ask us to make any corrections to inaccurate or incomplete Personal Data we have about you. You can also request that we erase your Personal Data when it is no longer needed for the purposes for which you provided it, restrict how we process your Personal Data to certain limited purposes where erasure is not possible, or object to our processing of your Personal Data. In certain circumstances you may be able to request that we send a copy of your Personal Data to a third party of your choosing.

To exercise any of these rights, please contact us as set forth in the “how do you contact us” section below. You also have the right to lodge a complaint with the supervisory authority (see details under “remedies” below) where you believe that your rights have been violated.

What if we revise this Privacy Notice?

From time to time we may make changes to this Privacy Notice to reflect changes in our legal obligations or the ways in which we process your Personal Data. We will communicate to you any material edits to this Privacy Notice and it will become effective when it is communicated.

How do you contact us if you have any questions or concerns?

Please contact Allergan’s EU Data Protection Officer (DPO) using the below information to:

  • Ask questions;
  • File a concern or complaint;
  • Opt-out of a program or service; and/or
  • To exercise any of your rights listed above, including access, correction, portability, objection, restriction, and erasure.

Allergan’s EU DPO

Mailing Address:

Allergan Ltd, Marlow International Parkway, Marlow, Buckinghamshire, SL7 1YL, UK

Email Address:

IR-EUDPO@allergan.com

What remedies do you have available?

For more information about your privacy and data protection rights, or if you are not able to resolve a problem directly with us and wish to make a complaint, please contact your country-specific data protection authority or Allergan’s lead data protection supervisory authority:

Irish Data Protection Commissioner

Mailing Address:

Canal House, Station Road, Portarlington, R32 AP23 Co. Laois

Phone Numbers:

+353 57 8684800

+353 (0)761 104 800

Email Address:

info@dataprotection.ie


GDPR Website Privacy Statement

Effective Date: May 25, 2018

What is the scope of this Privacy Statement?

This Privacy Statement applies to websites, mobile applications, and digital services that link to or post this Privacy Statement. This Privacy Statement is intended to let you know what Personal Data Allergan plc, including our affiliated entities (referred to collectively as “Allergan,” “we,” “our,” or “us”) may collect about you, how we collect your Personal Data, for what purposes we use your Personal Data, to whom we may disclose your Personal Data, and what rights you may have to limit our use of your Personal Data. In this Privacy Statement, we will collectively refer to the websites, applications, and digital services that may link to or post this Privacy Statement as “websites.”

What Personal Data may we collect about you?

Through our websites linking to this Privacy Statement, we will collect and process Personal Data that does not directly identify you by name (such as IP Address) or include your contact information, but which may be used to identify that a specific computer or device has accessed our website and which if combined with certain other information could be used to identify you. We receive this Personal Data through your interactions with our websites.

The Personal Data we process about you through our websites linking to this Privacy Statement may include the following categories of Personal Data:

  • Demographic data;
  • Online identifiers;
  • IP address;
  • Data from our cookies;
  • 3rd party cookies; and/or
  • Social media use and utilization

Where we collect directly identifiable Personal Data about you, the following privacy notices will provide you with additional information around what we may collect, how we will collect it, for what purposes we may collect it, to whom we may disclose it, and what rights you may have to limit our use of it. Please view on the privacy notices that are applicable to your interactions with us: https://www.allergan.com/gdpr.

How will we use your Personal Data?

Processing of your Personal Data includes where we may record, organize, structure, store, adapt or alter, retrieve, consult, use, disclose by transmission, dissemination, or otherwise make available, align or combine, restrict, erase, or destroy your Personal Data.

We may process your Personal Data for the following purposes:

  • Our company compliance and facility and network security purposes;
  • Authorizing, granting, administering, monitoring, and terminating access to or use of Allergan systems, facilities, records, property, and infrastructure;
  • Tracking your interactions with us;
  • Auditing our programs and services for compliance purposes;
  • Where we have Legal obligations to process the personal data;
  • Statistical analysis, including analytics performed by our vendors;
  • Website administration; and/or
  • Marketing Activities, including Third Party Cookie Tracking and Creating an Interest-based Profile related to your interactions with us or others

For any additional purposes where we are required to notify you and get your consent, including those purposes required by local law, we will obtain your consent before we process your Personal Data for those purposes.

What is our legal basis for Processing your Personal Data?

The applicable legal basis for which we process your Personal Data for the specific purposes listed above, include the following:

  • Based on your consent: In some cases, we may ask you for your consent to collect and process your Personal Data. If you choose to provide us with your consent, you may later withdraw your consent (or opt-out) by contacting us as described in the “how do you contact us” section below. Please note that if you withdraw your consent it will not affect any processing of your Personal Data that has already occurred. Where we process your Personal Data based on consent, we will provide more detailed information to you at the time when we obtain your consent.
  • Compliance with applicable laws or performance of a contract: In specific circumstances, we may need to process your Personal Data to comply with a relevant law/regulation or to fulfill our obligations under a contract to which you are subject. Where we process your Personal Data to meet our legal obligations, you will likely not be permitted to object to this processing activity, but you will usually have the right to access or review this information unless it would impede our legal obligations. Where we are processing to fulfill our contract obligations under a contract where you are a party, you might not be able to object to this processing, or if you do choose to opt-out or object to our processing, it may impact our ability to perform a contractual obligation that you are owed.
  • Our legitimate interest: We may process your Personal Data based on our legitimate interests in communicating with you and managing our interactions with you regarding our products and services, scientific research, and education opportunities. In addition to the other rights you may have described below, you have the right to object to such processing of your Personal Data. You can register your objection by contacting us as described in the “how do you contact us” section below.

Cookies and Similar Technologies that collect Personal Data

Web beacons
Our websites may use a technology known as web beacons that allows the collection of web log information. A web beacon is a tiny graphic on a web page or in an e-mail message designed to track pages viewed or messages opened. Web log information is gathered when you visit one of our websites by the computer that hosts our website (called a “webserver”). On certain web pages or in emails we send to you, we may utilize a technology called a “web beacon” (also known as an “action tag” or “clear GIF technology”). We may use web beacons to help determine which email messages sent by us were opened and whether a message was acted upon. Web beacons also help analyze the effectiveness of websites by measuring the number of visitors to a site or how many visitors clicked on key elements of a site.

Cookies
This website may use a technology called a “cookie”. A cookie is a small data file that a website can place on your computer’s hard drive, where your internet browser files are kept. A cookie saves you the trouble of reentering certain information in some registration areas because cookies can be used to enable a site to “remember” information a visitor has previously inputted. A cookie also helps deliver content used-specific information to you and track how sections of the website are used.Cookies can be placed on your computer both by us and by third parties with whom we have a contractual relationship, such as web analytic services and advertising network services. With most Internet browsers or other software, you can change your browser settings to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please check your browser instructions to learn more about these functions. If you reject cookies, functionality of the site may be limited, and you may not be able to take advantage of many of the site’s features.

Do Not Track
There are different ways you can prevent tracking of your online activity. One of them is setting a preference in your browser that alerts websites you visit that you do not want them to collect certain information about you. This is referred to as a Do-Not-Track (“DNT”) signal. Please note that currently our websites and web-based resources do not respond to these signals from web browsers. At this time, there is no universally accepted standard for what a company should do when a DNT signal is detected.

Google Analytics
Google Analytics may be used to help make our website work better and to help us understand what parts of the website are being utilized. Google Analytics uses technical tools such as, firstparty cookies and JavaScript code, to collect information about visitors. Google Analytics service tracks visitors to the site who have JavaScript enabled. Google Analytics anonymously tracks how visitors interact with a website, including where they came from and what they did on a site. Google Analytics collects the information set forth above from users.

This information is used to administer and update the website, and we will also assess whether the visitors to the site match the expected site demographics and determine how key audiences are navigating the content.

A. Opt-Out Provision:
Google analytics offers an opt-out provision for website visitors who do not want their data to be collected. You can receive more information about this option here: http://tools.google.com/dlpage/gaoptout.

B. Google’s Use of Data:
Google and its wholly owned subsidiaries may retain and use, subject to the terms of its Privacy Policy (located at http://www.google.com/privacy.html, or such other URL as Google may provide from time to time), information collected in your use of the Google Analytics Information Disclosures and Sharing.

Social Media Plugins
Our websites may use Social Media Plugins to enable you to easily share information with others. When you visit our websites, the operator of the social media plugin that is on our website can place a cookie on your computer that lets that operator recognize individuals on their website who have previously visited our sites. If you have previously logged into the social media website while browsing on our website, social media plugins may allow that social media website to receive directly identifiable information about you that shows you have visited our website. The social media plugin may collect this information for visitors who have logged into social networks, whether or not they specifically interact with the plugin on our website. Social media plugins also allow the social media website to share information about your activities on our website with other users of their social media website. Allergan does not control any of the content from social media plugins. For more information about social plugins from social media websites you should refer to those sites’ privacy and data sharing statements.

Children’s Personal Data

This site is not intended for or designed for individuals under the age of 16. We do not knowingly collect Personal Data from any person under the age of 16.

How do we protect your Personal Data?

We use industry-standard administrative, technical, and physical safeguards to protect your Personal Data against loss, theft, misuse, unauthorized access, modification, disclosure, and destruction. We restrict access to your Personal Data to only those employees and third parties acting on our behalf who have a legitimate business need for such access. We will only transfer your Personal Data to third parties acting on our behalf where we have received written assurances that your Personal Data will be protected in a manner consistent with this Privacy Notice and our privacy policies and procedures.

To whom and when will we disclose or share your Personal Data?

We will share or disclose your Personal Data with the following entities:

  • Our global affiliates, as we discuss below.
  • Third parties with whom we contract to carry out services on our behalf to perform activities or functions related to the processing purposes regarding your Personal Data that are described above. If we do, we will require that these third parties acting on our behalf protect the confidentiality and security of your Personal Data that we share with them. Unless otherwise specifically stated in this Privacy Statement, these third parties must contractually agree that they will not use or disclose your Personal Data for any other purposes than necessary to provide us services, perform services on our behalf, or to comply with applicable laws or regulations.
  • Government agencies, auditors, and authorities. We may disclose your Personal Data to government agencies, authorities, and auditors in response to authorized information requests or as otherwise required by laws, regulations, or industry codes.
  • Potential or actual third party purchasers. If we decide to reorganize or divest our business through a sale, merger, or acquisition, we may share your Personal Data with actual or prospective purchasers. We will require that any such purchasers treat your Personal Data consistently with this Privacy Notice.

How do we transfer your Personal Data internationally?

We may transmit your Personal Data to our other global affiliates. Allergan affiliate names and contact details can be found at https://www.allergan.com/home. Additionally, these affiliates may further transmit your Personal Data to our other global affiliates. Some of our affiliates and their database locations may be in countries that do not ensure an adequate level of data protection similar to the laws in the country in which you reside. Regardless, all our affiliates are required to treat your Personal Data in accordance with this Privacy Notice and our privacy and data protection policies and procedures.

EU-US and Swiss-US Privacy Shield Notice: Allergan and its affiliates in the United States may receive Personal Data from individuals in the European Economic Area (EEA) and Switzerland. We comply with the EU-US and Swiss-US Privacy Shield Principles (Privacy Shield Principles), with respect to the collection, use, and retention of Personal Data from the EEA and Switzerland. If there is any conflict between the terms of this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles will govern. For more information about the Privacy Shield Framework and to view our certification, go to https://www.privacyshield.gov/. The International Centre for Dispute Resolution (ICDR) acts as our third-party dispute resolution provider, as required by the Privacy Shield Framework. If you have a complaint about our Privacy Shield compliance, you can contact us directly or contact the ICDR at http://go.adr.org/privacyshield.html. In certain circumstances it may be possible for you to invoke binding arbitration. We are subject to the investigatory and enforcement powers of the US Federal Trade Commission regarding our adherence to the Privacy Shield Principles.

We may transmit your Personal Data to our third parties with whom we contract to carry out services on our behalf to perform activities or functions related to the processing purposes regarding your Personal Data that are described above. Our third parties are contractually obligated to comply with applicable laws or regulations, including having a valid EU Personal Data cross-border transfer mechanism in place to receive the EU personal data, which can include an “adequacy” determination by the European Commission, EU-US and/or Swiss-US Privacy Shield certifications, and/or executing EU Standard Contractual Clauses with us.

For more information about our cross-border transfers of your Personal Data, please contact us using the information as described in the “how do you contact us” section below.

How long do we retain your Personal Data?

Your Personal Data will be maintained for the duration of your relationship with us. We will store and retain the Personal Data we collect about you in accordance with our Corporate Record Retention Policy, after which it will be archived or deleted. A detailed schedule of our retention practices can be found at https://www.allergan.com/home. Please note that certain information could be retained for longer periods of time if we have continuing obligations to you or if required by local law.

Links to Third Party Websites

As a convenience to our visitors, this website may contain links to other sites owned and operated by third parties that we believe may offer useful information. The policies and procedures we describe here do not apply to those sites. We are not responsible for the collection or use of Personal Data by or on any third party sites. Therefore, we disclaim any liability for any third party’s use of Personal Data obtained through using the third party web site. We suggest contacting those sites directly for information on their privacy, security, data collection, and distribution policies.

What are your rights?

You have the right to see and get a copy of your Personal Data, including an electronic copy, that we have as well as to ask us to make any corrections to inaccurate or incomplete Personal Data we have about you. You can also request that we erase your Personal Data when it is no longer needed for the purposes for which you provided it, restrict how we process your Personal Data to certain limited purposes where erasure is not possible, or object to our processing of your Personal Data. In certain circumstances you may be able to request that we send a copy of your Personal Data to a third party of your choosing.

To exercise any of these rights, please contact us as set forth in the “how do you contact us” section below. You also have the right to lodge a complaint with the supervisory authority (see details under “remedies” below) where you believe that your rights have been violated.

What if we revise this Privacy Notice?

From time to time we may make changes to this Privacy Notice to reflect changes in our legal obligations or the ways in which we process your Personal Data. We will communicate to you any material edits to this Privacy Notice and it will become effective when it is communicated.

How do you contact us if you have any questions or concerns?

Please contact Allergan’s EU Data Protection Officer (DPO) using the below information to:

  • Ask questions;
  • File a concern or complaint;
  • Opt-out of a program or service; and/or
  • To exercise any of your rights listed above, including access, correction, portability, objection, restriction, and erasure.

Allergan’s EU DPO

Mailing Address:

Allergan Ltd, Marlow International Parkway, Marlow, Buckinghamshire, SL7 1YL, UK

Email Address:

IR-EUDPO@allergan.com

What remedies do you have available?

For more information about your privacy and data protection rights, or if you are not able to resolve a problem directly with us and wish to make a complaint, please contact your country-specific data protection authority or Allergan’s lead data protection supervisory authority:

Irish Data Protection Commissioner

Mailing Address:

Canal House, Station Road, Portarlington, R32 AP23 Co. Laois

Phone Numbers:

+353 57 8684800

+353 (0)761 104 800

Email Address:

info@dataprotection.ie


Terms of Use & Conditions

The Allergan’s CoolSculpting® Website for healthcare professionals (the “Website”) belongs to Allergan [•] (‘Allergan’), and is intended for healthcare professionals (HCPs), such as clinicians and nurses, registered within the European Union and/or the UK & Ireland for which these services have been approved by the relevant regulatory agency and activated by Allergan. The information provided on the Website is intended for informational purposes only, namely for providing more information relating to better understanding of CoolSculpting® products and system, in accordance with the applicable legislation and relevant regulatory approval at European and/or UK & Ireland level. Please read and review these Terms of Use carefully before accessing or using the Website. By accessing or using the Website, you acknowledge that you have read, understood and agreed to the Terms of Use.

  1. USAGE: You will use the Website in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify Allergan for any losses, costs or damages, including reasonable legal fees, incurred by Allergan in relation to, or arising out of, such a breach.
  2. NO OFFER TO SELL: The information contained on the Website is for the above-mentioned information purposes. It is not intended to constitute an offer to sell, or a solicitation of any product or service supplied by Allergan or by any company that is affiliated or related to Allergan.
  3. EXCLUSION OF WARRANTIES: You accept that the Website is provided on an ‘as is’ and ‘as available’ basis. Fully permitted by the applicable law, Allergan excludes all warranties as to the satisfactory quality, fitness, for a purpose, freedom from computer viruses and non-infringement of third party rights regarding the Website.
  4. RISK: The entire risk as to quality, performance and use of the Website is with you. Any communications, messages and other information obtained while using the Website is obtained by you at your risk, and you bear the entire responsibility for any losses that you may experience because of your use of the Website. However, Allergan warrants that the CoolSculpting® materials relating to its products which are made available through the Website are consistent with the relevant regulatory requirements.
  5. EXCLUSION OF LIABILITY: Allergan will not be liable for any direct or indirect, special, incidental or consequential loss of profits, revenue, contracts or goodwill resulting from the availability or interruption of the Website or from work stoppage, computer failure, computer viruses, loss of data or in any other respect whatsoever from the use of this site. Fully permitted by the applicable law, Allergan excludes all liability for any errors in, or omissions from, any information, materials or functions contained on the Website and all liability for negligence. Nothing in these terms shall exclude our liability for death or personal injury arising from our negligence or for any fraudulent misrepresentation made by Allergan.
  6. REMOVING MATERIAL POSTED ON SITE: Although Allergan does not assume responsibility for monitoring or editing material posted on the Website, if any inappropriate posting is brought to its attention, Allergan reserves the right to take appropriate action to edit or, if necessary, remove any such postings.
  7. DEFAMATION/COPYRIGHT INFRINGEMENT: You will not post any defamatory, abusive, profane, threatening, offensive or illegal materials on the Website, and you will not post any information or other material protected by copyright without the permission of the copyright owner.
  8. YOUR COPYRIGHT WARRANTY LICENCE: By posting any material, you warrant and represent that you own the copyright with respect to such material or have received permission from the copyright owner, and, in addition, you grant Allergan and your fellow users of our site the non-exclusive right to display, copy, publish, distribute, transmit, print and use such information and other material.
  9. COPYRIGHT IN THIS WEBSITE:
    • COPYRIGHT
      The copyright in material on the Website is owned or licensed to Allergan and protected by the copyright laws of England and Wales, international copyright treaties and any other applicable copyright and intellectual property laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Allergan copyright.
    • LICENSE GRANT
      1. LICENSOR hereby grants to LICENSEE a non-exclusive, fully paid-up and irrevocable license to use the Trademarks during the Term in the Territory on or in association with the Licensed Products and on packaging, promotional and advertising material associated therewith.
      2. LICENSOR hereby grants to LICENSEE the non-exclusive right and license to use, manufacture, have manufactured, sell, distribute, and advertise the Licensed Products in the Territory during the Term. It is understood and agreed that this license shall pertain only to the Trademarks and the Licensed Products and does not extend to any other mark, product or service.
      3. LICENSEE may not grant any sublicenses to any third party without the prior express written consent of the LICENSOR, which may be withheld for any reason.
    • OWNERSHIP OF TRADEMARKS
      1. During the Term of this Agreement, Licensor shall maintain at its own expense appropriate protection for the Trademarks and LICENSOR or its affiliates shall retain all right, title and interest in the Trademarks.
      2. LICENSEE acknowledges LICENSOR’s exclusive rights in the Trademarks and further acknowledges that the Trademarks are unique and original to LICENSOR and that LICENSOR or its affiliate is the owner thereof. LICENSEE shall not, at any time during or after the effective Term of the Agreement dispute or contest, directly or indirectly, LICENSOR’s exclusive right and title to the Trademarks or the validity thereof. LICENSOR, however, makes no representation or warranty with respect to the validity of any Trademark.
      3. The parties agree to execute any documents reasonably requested by the other party to effect any of the above provisions.
    • QUALITY CONTROL
      1. LICENSEE may use the Trademarks during the Term in the Territory on or in association with the Licensed Products and on packaging, promotional and advertising material associated therewith only so long as the quality of such usage is consistent with the level of quality reflected in LICENSOR’s own products and services. Without limiting the foregoing and by way of example only, the Trademarks may not be used on or in connection with any material that is disparaging or defamatory in any way to LICENSOR, its affiliates, products, suppliers or customers; the Trademarks may not be used on or in connection with any material that is pornographic, morally offensive, or otherwise objectionable in light of Allergan’s reputation for providing high quality products; and the Trademarks may not be used on or in connection with any material that violates any state, federal or foreign law or regulation.
  10. TRADEMARKS: All product names, logos and services appearing on the Website that are identified by ® or ™ or appearing in type form different from that of the surrounding text are trademarks owned by or licensed to Allergan or our affiliates; unless otherwise identified as being owned by another entity. The use of these trademarks by you is prohibited unless specifically permitted by these terms and conditions or by special permission granted in writing by Allergan, or for identifying the products or services of Allergan. The display of any trademark not owned by us on our site does not imply that any license has been granted by its owner. No trademark infringement is intended, and no suggestion is made that the owner of the trademark endorses Allergan’s products or services. Equally, Allergan’s display of the trademark does not constitute an endorsement or approval by it of the trademark owner, its Web site or its products and/or services.
  11. CONFIDENTIALITY and PRIVACY: Allergan complies with the European Union Data Protection Directive and any other applicable data protection legislation and all personal data voluntarily provided to Allergan via this site shall be processed in accordance with its Privacy Policy. In order to use the Website you will need to review and agree to the privacy disclaimer allowing Allergan to process your personal data for managing the Website and delivering CoolSculpting® materials, in accordance with regulatory requirements Privacy Policy.
  12. HYPERTEXT LINKS: Hypertext links enable you to access other Web sites on the Internet not owned by Allergan. In providing these links, Allergan does not endorse in any respect the contents of any other Web site linked to the Website, nor does Allergan accept any liability for any such contents. Allergan will have no liability in respect of material hyperlinked to the Website which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable regulations in force from time to time.
  13. TERMINATION: Your access to and use of the site Website, including any password access to the site, may be changed, restricted or terminated by Allergan by notice with immediate effect at any time and for any or no reason. Your password is personal to You and it shall not be provided to any third parties. You understand that the Website is for registered HCPs only and therefore you commit not to disclose your password and/or to keep it safe. In case of loss a new password may be provided.
  14. SEVERANCE: If any part of these terms is declared invalid for any reason by a court of competent jurisdiction, this will not affect the validity of any remaining part of the terms. Any such remaining part will remain in full force and effect as if the invalid part of the terms had been eliminated.
  15. MODIFICATIONS: Allergan reserves its right to modify the Website and the terms and conditions governing its use at any time without prior notice. You will be bound by any such changes and should, therefore, periodically visit this page to review the current terms and conditions.

GOVERNING LAW & JURISDICTION: GOVERNING LAW & JURISDICTION: This site is operated under the laws and regulations of England and Wales. You agree that the England and Wales courts will have jurisdiction over any dispute or claim relating to your use of this site. The site is intended to be used by residents located in the European Union countries only, although it may be accessed by users outside of the European Union countries.