Effective Date: April 23, 2020
Welcome to www.niacet.com (the “Site”), a website provided by Niacet Corporation, a New York corporation, (“Niacet”). Niacet respects your privacy, and this policy covers Niacet’s protection, transfer and use of information collected from you through the Site or other sources in the ordinary course of Niacet’s business.
You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Niacet. Your use of the Site, providing any information to Niacet or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site and not otherwise provide any information to Niacet. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
2. Privacy Shield
Some information collected by Niacet relates to individuals in the European Union or Switzerland. The European Union and Switzerland have adopted requirements for the protection of certain information, and in order to satisfy such requirements, Niacet complies with, and has self-certified to the U.S. Department of Commerce under, (a) the E.U.-U.S. Privacy Shield Framework Principles, including the Supplemental Principles, and the Swiss-U.S. Privacy Shield Framework Principles, including the Supplemental Principles, regarding Niacet’s protection, transfer and use of personal data transferred from the European Union and Switzerland, as applicable, to the United States (the “Privacy Shield Principles”). In particular, Niacet has self-certified that, with respect to all Shield Information, it will adhere to the Privacy Shield’s Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability.
For purposes of enforcing compliance with the Privacy Shield Principles, Niacet is subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission, which can impose sanctions consisting of administrative orders and civil penalties. Niacet is listed at https://www.privacyshield.gov/list as having certified to its compliance with the Privacy Shield Principles. Additional information regarding the Privacy Shield Principles can be found at the U.S. Department of Commerce’s website at http://privacyshield.gov.
In this policy:
(b) “California Information” means all Personal Information that relates to residents of California and that is covered by the California Consumer Privacy Act or the California Online Privacy Protection Act (collectively, the “California Laws”);
(c) “Collected Information” means all (i) Personal Information and (ii) Non-Personal Information;
(d) “Non-Personal Information” means all information collected by Niacet, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Niacet, and (iii) other sources in the ordinary course of Niacet’s business, that is not Personal Information (including, but not limited to, any Analytical Information);
(e) “Personal Information” means all information collected by Niacet, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Niacet, and (iii) other sources in the ordinary course of Niacet’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, e-mail address, physical address, phone number and human resource data relating to employees of Niacet or Niacet B.V., an affiliate of Niacet, or individuals applying for employment);
(f) “Sensitive Information” means all Shield Information of an individual that specifies (i) health data, (ii) racial or ethnic origin, (iii) political opinions, (iv) religious or philosophical beliefs, (v) union membership, (vi) genetic data, (vii) biometric data or (viii) the sex life or sexual orientation of such individual; and
(g) “Shield Information” means all Personal Information that relates to individuals in the European Union or Switzerland and that is covered by the Privacy Shield.
No Collected Information is obtained from you, unless it is voluntarily provided, except for any Collected Information obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Niacet will only collect and retain Personal Information in a manner that is consistent with the purposes for which it is provided, and except for Shield Information, Niacet’s other legitimate business purposes (including, but not limited to, marketing). You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing Niacet with any information (including, but not limited to, any information relating to a third party).
You may refuse to provide any information to Niacet at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying Niacet as set forth in Section 25. If you refuse to provide any information when requested to do so by Niacet or the Site, you may not be able to access, or otherwise receive the benefits of, certain products and services from Niacet or features of the Site.
6. Electronic Communications
Whether or not you have previously sent Niacet an e-mail message, you consent to Niacet’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Niacet endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Niacet as set forth in Section 25 or by following the directions contained in such e-mail messages or other electronic communications. Any request to unsubscribe to e-mail or other electronic communications will likely be effective within 48 hours after your request is received by Niacet.
7. Analytical Information
When you access the Site, Niacet will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to receive the benefits of certain features of the Site.
Analytical Information will only be used by Niacet (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you and other users, and (d) for other legitimate business purposes of Niacet (including, but not limited to, marketing). Niacet will collect Analytical Information either directly or through third parties acting on its behalf.
8. Sensitive Information
Any provision of this policy to the contrary notwithstanding, in the unlikely event Niacet collects any Sensitive Information, your explicit consent (i.e. among other things, you must “opt in”) will be obtained before such Sensitive Information is (a) disclosed to a third party or (b) used for a purpose other than the purposes for which such Sensitive Information was originally collected. Niacet will also treat as Sensitive Information any Personal Information of an individual received by Niacet from a third party if the third party identifies it in writing to Niacet, and treats it, as sensitive.
All electronic Personal Information is controlled or processed by Niacet on servers located at a place of business of Niacet in Niagara Falls or Amherst, New York, and on other servers located at off-site data centers. Niacet may transfer Collected Information to a third-party only as set forth in Section 12.
Except as provided in the immediately following sentence, Niacet will use commercially reasonable measures to protect Personal Information from loss and unauthorized access, alteration, destruction, disclosure and use. Certain Personal Information posted by you on the Site may be accessible to the general public, and Niacet is not responsible for protecting such Personal Information from loss or unauthorized access, alteration, destruction, disclosure or use. For example, if you participate in a public forum on the Site, any information disclosed by you when doing so may be available to the general public. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost or accessed, altered, destroyed, disclosed or used without authorization, even if Niacet uses such measures. In providing information to Niacet, you must assume the risk that Collected Information could be lost or accessed, altered, destroyed, disclosed or used without authorization.
All Collected Information may be used by Niacet for any legitimate business purpose, except that, in the case of Shield Information, and only to the extent required by the Privacy Shield Principles, such purpose (a) is not incompatible with the purposes for which Shield Information has been collected by Niacet or (b) has been subsequently authorized by you. If Niacet expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Niacet will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose.
Any Collected Information obtained by Niacet, whether or not for a specific purpose, may be transferred to third parties designated by Niacet (including, but not limited to, any affiliates, distributors, sub-contractors or vendors of Niacet) for any purposes for which Niacet could use such Collected Information, except that, in the case of Shield Information, and only to the extent required by the Privacy Shield Principles, (a) Niacet will notify you of such transfer, (b) such third party’s right to use Shield Information is limited to such purposes, (c) such third party is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield Principles, (d) Niacet takes commercially reasonable steps to ensure that such third party effectively processes Shield Information in a manner consistent with Niacet’s obligations under the Privacy Shield Principles, (e) such third party is required to notify Niacet if such third party makes a determination that it can no longer meet its obligation to provide the same level of privacy protection as required under the Privacy Shield Principles, (f) upon such notice, Niacet must take commercially reasonable steps to stop and remediate unauthorized use of Shield Information, and (g) upon the request of the U.S. Department of Commerce (or its designee), Niacet must provide a summary or representative copy of the relevant privacy provisions of its agreements with such third party. In cases of onward transfers to third parties of Shield Information, Niacet is potentially liable for the failure of such third party to comply with the Privacy Shield.
An example of when Niacet transfers Collected Information to a third party pursuant to the immediately preceding paragraph may be helpful. Niacet uses in the ordinary course of business Microsoft 365, a customer relationship management system that is hosted by Microsoft. In using Microsoft 365, Niacet will from time to time transfer Collected Information to Microsoft for processing.
Niacet may also at any time, in its sole discretion, transfer any Collected Information (including, but not limited to, a computer’s Internet protocol addresses), whether or not you furnished such Collected Information for a specific purpose, to (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying, among others, national security and law enforcement requirements, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of Niacet or a third party, or (d) transfer such Collected Information to a third party acquiring all, or substantially all, of Niacet’s assets. If Collected Information is so transferred, Niacet will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.
Upon your sending a request to Niacet as set forth in Section 25, Niacet will delete Shield Information from its servers (and servers of third parties acting on behalf of Niacet) when it is no longer required for the purposes for which it was collected and processed, unless Niacet is legally permitted or required to continue holding it, or it is relevant to Niacet’s interests in any pending dispute, judicial proceeding, government investigation or has another lawful basis to continue holding it.
14. Third-Party Sites
Niacet does not warrant or represent that any Collected Information will be accurate or error-free. Upon your request, Niacet will grant you access to your Personal Information in the possession of Niacet solely for the purpose of correcting or deleting such Personal Information that is inaccurate or has been processed in violation of the Privacy Shield Principles, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Shield Information for such purpose, you must contact Niacet in writing as set forth in Section 25.
The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such child has been submitted to Niacet through the Site without the parent’s or guardian’s consent, Niacet will use commercially reasonable efforts to remove such information from the Site and Niacet’s servers at the parent’s or guardian’s request. To request the removal of such Personal Information, the parent or guardian must contact Niacet as set forth in Section 25, and provide all information requested by Niacet to assist it in identifying the Personal Information to be removed.
17. California Residents
Niacet does not sell any California Information. Niacet will, to the extent required by the California Laws, disclose, delete or take any other action with respect to any California Information. A resident of California may request (a “California Request”) pursuant to the California Laws, among other things, that Niacet:
(a) Disclose to such resident:
(i) The categories of California Information relating to such resident that are collected by Niacet;
(ii) The categories of sources from whom or which California Information relating to such resident is collected by Niacet;
(iii) The purposes for Niacet’s collecting California Information relating to such resident;
(iv) The categories of third parties to whom or which Niacet transfers California Information relating to such resident;
(v) The specific pieces of California Information relating to such resident collected by Niacet; and
(vi) If California Information is disclosed for a business purpose to a third party, the categories of such California Information relating to such resident that are disclosed for a business purpose, and the categories of third parties to whom or which such California Information are disclosed for a business purpose; and
(b) Except in certain circumstances, delete California Information of such resident.
A California Request (a) can only be made twice in a 12-month period, (b) will require the collection of certain information by Niacet to verify the identity of such resident, and (c) must be submitted to Niacet as set forth in Section 25. Niacet will respond to any such request within 45 days after receiving such information.
The California Laws require certain additional disclosures that can be found at this link: California Privacy Disclosures. Niacet will not discriminate against a resident of California for exercising any right of such resident under the California Laws, except as permitted under the California Laws.
18. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, (a) in the case of Shield Information, and solely to the extent required by the Privacy Shield Principles, the Privacy Shield Principles, (b) in the case of California Information, and solely to the extent required by the California Laws, the California Laws, (c) any other applicable privacy law solely to the extent require by such law, and (d) in all other cases, the laws of the state of New York, without regard to its principles of conflict of laws,. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.
Except as provided in Section 20, any complaint by you regarding any Collected Information, or otherwise relating to this policy, whether or not covered by the Privacy Shield, must first be submitted to Niacet as set forth in Section 25, and Niacet must be given a reasonable opportunity of not less than 45 days to investigate and respond to your complaint. Upon Niacet’s completing such investigation and so responding, Niacet and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 45 days, you may commence litigation against Niacet in connection with the unresolved portion of your complaint only in a court located in Erie or Niagara Counties, New York, and having subject matter jurisdiction over your complaint. You consent to any such court’s being a proper venue for your complaint, and waive any objection thereto based on inconvenience.
20. Independent Recourse Mechanism
If you have a complaint that relates to Shield Information, Niacet offers an independent recourse mechanism to resolve your complaint that you may use in lieu of the process described in Section 19. The independent recourse mechanism offered by Niacet is more fully described at this link: http://privacyshield.gov. In order to access the independent recourse mechanism, you must file a complaint with the International Centre for Dispute Resolution of the American Arbitration Association (“ICDR”), and after receiving your complaint, ICDR will resolve the dispute between you and Niacet by following the ICDR Dispute Resolution Procedures located at this link: http://go.adr.org/privacyshield.html. All fees of ICDR in connection with your use of its independent recourse mechanism described in this Section will be paid by Niacet.
If all other options available to you for resolving a complaint under the Privacy Shield Principles are unsuccessful, and upon satisfaction of certain other conditions, you can lodge your complaint with the Privacy Shield Panel, which is an “arbitration mechanism” of three neutral arbitrators. Any decision of the Privacy Shield Panel will be binding on Niacet and enforceable in certain courts of the United States.
With respect to human resources data that is Shield Information and that is used by Niacet in the context of an employment relationship, Niacet will cooperate with investigations of, and comply with the advice given by, the E.U. data protection authorities, and the Swiss Federal Data Protection and Information Commissioner, as applicable.
21. Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Niacet, with respect to Collected Information. If you use the Site or otherwise have business dealings with Niacet, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
Niacet may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Niacet after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.
Except as provided in this policy, or any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.
25. Contact Information
If you (a) desire to make a California Request, or (b) have any questions or complaints, desire additional information, or need to notify Niacet of anything, regarding this policy, please promptly contact Niacet using one of the methods set forth below:
Regular mail to: Niacet Corporation
Attn: Mr. Jeffrey Rogers
400 47th Street
Niagara Falls, New York 14304;
E-mail to: email@example.com;
Toll-free phone number: 800-828-1207