1. This Website

1.1 This website (“Website”) allows you and other Troy Healthcare, LLC partners, users, customers and other interested parties to engage in a variety of activities such as finding information about Troy Healthcare, LLC's customer program, placing orders and viewing products and inventory.

1.2 This Website includes information created and published by Troy Healthcare, LLC and third parties, such as text, images, photographs, graphics, audio and video, data, articles, templates, spreadsheets, software, services, logos, databases, icons, hyperlinks, designs, agreements, multimedia works and tools (“Content”).

 

2. Scope and acceptance of these terms

2.1 These terms of use (“Terms”) will apply to your access and use of this Website and the Content in addition to any further or different disclaimers, legal notices, agreements or terms and conditions that may apply to your use of or access to any particular Content. If there is any conflict between these Terms and any other legal terms, the other legal terms will prevail.

2.2 These Terms form a legally binding agreement between you and Troy Healthcare, LLC. By accessing or using this Website and/or the Content, you accept and agree to abide by these Terms. Should you not agree with these Terms, you must immediately leave this Website and not attempt to access or use this Website or the Content as your access and/or use of this Website or the Content will automatically bind you to these Terms.

2.3 Troy Healthcare, LLC reserves the right, in Troy Healthcare, LLC’s sole discretion, to amend and/or replace any of, or the whole of, these Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on this Website. Each time you access this Website and/or use the Content, you will be consenting, by such access and/or use, to these Terms, as amended and/or replaced from time to time. If you are not satisfied with the amended Terms, you should refrain from using this Website.

2.4 If there is anything in these Terms that you do not understand, please contact Troy Healthcare, LLC as soon as possible at thomas@stopainclinical.com.

 

3. Content of this website

3.1 Troy Healthcare, LLC reserves the right, without notice and at Troy Healthcare, LLC’s sole and absolute discretion, to change any aspect of the Content available on this Website, or to discontinue any aspect or feature of this Website or any of the Content or to change the software and hardware required to access and use this Website.

3.2 You are required to regularly access this Website to keep yourself advised of these changes.

 

4. Third party content

4.1 Troy Healthcare, LLC does not claim ownership of any information, whether in the form of an article, information, documentation, graphics, images, marketing material, educational material, videos, photographs, messages, feedback or ideas (“Third Party Content”), that you or any other user posts, uploads or submits to this Website.

4.2 By posting, uploading, submitting or transmitting any Third Party Content to or on this Website, you:

4.2.1 automatically grant Troy Healthcare, LLC and Troy Healthcare, LLC’s affiliates a non-exclusive, worldwide, fully paid up and royalty-free, perpetual, irrevocable right and license to use, reproduce, alter, publish, translate, sub-license, copy and distribute such Third Party Content in whole or in part worldwide, and to incorporate it in other works in any form, media or technology now known or hereinafter developed, for the full term of any copyright that may exist in such Third Party Content;

4.2.2 represent and warrant to Troy Healthcare, LLC that you have the right, title and/or authority to grant such license to Troy Healthcare, LLC.

4.3 Troy Healthcare, LLC is not obliged to evaluate, monitor or examine the Third Party Content that you or any other user posts, uploads or submits to this Website or the accuracy thereof.

4.4 If Troy Healthcare, LLC elects to post or publish your Third Party Content, Troy Healthcare, LLC may, in Troy Healthcare, LLC’s sole and absolute discretion, withdraw the posted or published Third Party Content for any reason and without notice to you.

4.5 You warrant and undertake to and in favour of Troy Healthcare, LLC that:

4.5.1 you have the right to make available your Third Party Content on this Website;

4.5.2 such Third Party Content shall not infringe the Intellectual Property Rights (as defined below) of any other person;

4.5.3 the Third Party Content shall not be unlawful, harmful threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful or racially, ethnically or otherwise objectionable in any manner or violate the rights of others;

4.5.4 the Third Party Content shall not result in any damaging or malicious computer programming routines (such as a software virus, trojan horse, worm, time bomb, cancelbot, corrupted file or any other computer file or software designed to interrupt, desTroy Healthcare, LLC, damage or limit the functionality of any computer hardware, software or other property) being introduced to this Website which may damage or interfere with the proper working of this Website or any activities conducted on this Website or which may compromise the security of this Website in any manner whatsoever;

4.5.5 your Third Party Content shall not include any unsolicited or unauthorized advertising, promotional materials, surveys, spamming or any other form of solicitation, commercial or otherwise;

4.5.6 you shall not forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Third Party Content transmitted through this Website.

4.6 You agree that Troy Healthcare, LLC shall not be held liable, directly or indirectly, in any way for Third Party Content, your use thereof or for any loss or damage of any kind incurred as a result of your use of Third Party Content.

 

5. Permissible use of this website and related restrictions

5.1 The Content comprises of:

5.1.1 spreadsheets, images, product specifications, templates and other material that you may download and use in the conduct of your business as a Troy Healthcare, LLC authorized distributor (“Commercial Content”); and

5.1.2 any other Content that you may download and use for your personal and non-commercial purposes (in other words, a purpose not intended for or directed towards commercial advantage or monetary compensation) (“Non-Commercial Content”).

5.2 You agree not to, and you agree that you will not through a third party:

5.2.1 modify, copy, distribute, transmit, display, translate, perform, reproduce, publish, license, adapt, vary, modify, incorporate into other works, create derivative works from, transfer, encumber, sell or in any other way deal with:

5.2.1.1 any part of this Website;

5.2.1.2 any of the Non-Commercial Content;

5.2.1.3 any of the Commercial Content if such material is used for any purpose other than performing your functions as a Troy Healthcare, LLC authorized distributor;

5.2.2 decompile, disassemble or reverse engineer any part of this Website or modify or enhance this Website. If you effect any modifications or enhancements to this Website in breach of this provision, Troy Healthcare, LLC, at its sole and absolute discretion, may choose to (i) retain such modifications and enhancements, in which event such modifications and enhancements shall be Troy Healthcare, LLC’s property; or (ii) remove such modifications and enhancements, in which event you hereby agree to pay Troy Healthcare, LLC all of the costs and expenses that it incurs in this regard on demand;

5.2.3 without Troy Healthcare, LLC’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to this Website by persons other than you. In this regard, when you register to use this Website, you will be assigned a password. You are solely responsible for the use and security of your password and any activities that occur in relation to your password. Any activities conducted on this Website under your password will be regarded as activities that you have conducted and you will be bound by same. If your password is compromised, you must immediately notify Troy Healthcare, LLC in writing and change your password;

5.2.4 remove any identification, trademark, copyright or other notices from this Website or any Content downloaded from this Website (including from Commercial Content);

5.2.5 impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

5.2.6 breach or violate any applicable local, state, national or international law and any regulations;

5.2.7 gather, collect or store personal information or data of other users except if such other users are your customers and you have received their written consent to your gathering, collection and/or storage of their personal information or data;

5.2.8 permanently copy or reproduce any part of a web page on any other website or otherwise redistribute same;

5.2.9 provide links to this Website without first obtaining Troy Healthcare, LLC’s prior written consent and, if Troy Healthcare, LLC gives you such consent, you must discontinue your link if so asked by Troy Healthcare, LLC for any reason.

5.3 The following additional provisions apply to the Commercial Content:

5.3.1 the Commercial Content is simply a tool that is made available to users to assist them in carrying out certain tasks or performing certain functions. Troy Healthcare, LLC does not accept any responsibility or liability for how the users use the Commercial Content or the results that are achieved, or the information that is generated, by a user’s use of the Commercial Content;

5.3.2 Troy Healthcare, LLC owns all of the Intellectual Property Rights (as defined below) to the Commercial Content and the use by users of such Commercial Content shall not give such users any rights in or to the Commercial Content other than the limited right to use the Commercial Content for the specific purpose for which the Commercial Content is made available to the user;

5.3.3 by allowing users to download and use the Commercial Content, Troy Healthcare, LLC does not make any warranties or representations to any other person regarding a user’s ability to use the Commercial Content or the manner in which the user uses the Commercial Content or in respect of the task or function that the user carries out or performs using the Commercial Content.

 

6. Security

6.1 In order to ensure the security and reliable operation of this Website and the Content to all users of this Website, Troy Healthcare, LLC hereby reserves the right to take whatever action Troy Healthcare, LLC may deem necessary to preserve the security, integrity and reliability of Troy Healthcare, LLC’s servers, network and back-office applications.

6.2 You may not utilize this Website in any manner that could damage, disable, overburden, impair or compromise the security of any Troy Healthcare, LLC server or the networks connected to any Troy Healthcare, LLC server or tamper with this Website in any manner whatsoever or interfere with any other person’s use and enjoyment of this Website. You may not attempt to gain unauthorized access to this Website, other accounts, computer systems or networks connected to any Troy Healthcare, LLC server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. Any person or entity which does so, or attempts to do so, shall be held criminally liable and shall also be liable, on an indemnity basis, for any direct and indirect damages or loss that Troy Healthcare, LLC suffers or sustains.

6.3 In addition to the above, any user who:

6.3.1 intentionally accesses or intercepts any data without authority or permission to do so;

6.3.2 intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective;

6.3.3 utilizes any device or computer program in order to unlawfully overcome security measures designed to protect this Website and the Content or access thereto;

6.3.4 commits any act described above with the intent to interfere with access to this Website so as to constitute a denial, including a partial denial of access to and/or use of this Website to legitimate users;

6.3.5 performs or threatens to perform any of the above acts for the purpose of obtaining any unlawful proprietary advantage by undertaking to cease or desist from such action, or by undertaking to restore any damage caused as a result of those actions;

6.3.6 performs any of the acts described above for the purpose of obtaining any unlawful advantage by causing fake data to be produced with the intent that it be considered or acted upon as if it were authentic; or

6.3.7 aids or abets someone to commit any of the foregoing acts,

shall, notwithstanding criminal prosecution, be liable for all direct and indirect resulting liability, loss or damages suffered and/or incurred by Troy Healthcare, LLC and Troy Healthcare, LLC’s affiliates, agents and/or authorized distributors on an indemnity basis.

 

7. Troy Healthcare, LLC’s intellectual property rights

7.1 As used in these Terms, “Intellectual Property Rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, logos, designations, insignias, brand and trade names, business names, domain names, trade secrets or confidentiality rights and any other intangible property rights, including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected or registered or capable of registration, now existing or hereafter filed, issued or acquired.

7.2 All Intellectual Property Rights to this Website and the Content are the property of, or are licensed to, Troy Healthcare, LLC and as such are protected from infringement by local and international legislation and treaties.

7.3 Nothing in these Terms shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any part of this Website, any Content or any Third Party Content which is not your Third Party Content for any reason unless otherwise expressly permitted by these Terms or by law.

7.4 Your access to and use of this Website will not give you any rights in or to this Website or the Content. All rights not expressly granted are reserved and no right, title or interest in any of the Content or any part of this Website is granted to you.

7.5 Irrespective of the existence of copyright, you acknowledge that Troy Healthcare, LLC is the proprietor of all of the Content (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such Content.

7.6 Information on requirements for using Troy Healthcare, LLC’s trademarks can be found by clicking on the ‘Trademarks’ link at the bottom of each web page on this Website.

 

8. Confidential information

8.1 As used in these Terms, “Confidential Information” means all trade secrets, Intellectual Property Rights and other information that Troy Healthcare, LLC or third parties protect against unrestricted disclosure to others which is:

8.1.1 either labelled as confidential and accessed through a restricted or non-public area of this Website or pursuant to software downloads; or

8.1.2 reasonably identifiable as confidential based on the type of information and the manner of its disclosure.

8.2 Except for those parts of this Website which are clearly identified as non-public forums, every other part of this Website is intended to be a public forum and you agree not to provide Troy Healthcare, LLC or other users with any confidential or proprietary information that you or the owner of the information do not intend to become public information.

8.3 Except for your Third Party Content which you clearly label as confidential and you upload into a non-public forum, any Third Party Content that you send or upload to this Website will be deemed not to be confidential or proprietary and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such Third Party Content.

8.4 You agree not to reproduce any Confidential Information to which you are provided access through this Website in any form except as authorised at the time of disclosure. Any reproduction of Confidential Information shall remain the property of Troy Healthcare, LLC or any third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original.

8.5 You agree to:

8.5.1 take all reasonable steps to keep all Confidential Information strictly confidential;

8.5.2 use Confidential Information solely as authorised at the time of disclosure; and

8.5.3 not disclose any Confidential Information to any party without the prior written consent of Troy Healthcare, LLC or the third party that has prepared such information.

8.6 You do not acquire any rights in Confidential Information except the limited rights as described in these Terms or elsewhere on this Website.

 

9. Linked third party websites

9.1 Troy Healthcare, LLC may provide links to third party websites on this Website. These links are provided to you for convenience only and Troy Healthcare, LLC does not endorse, nor does the inclusion of any link imply Troy Healthcare, LLC’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content, security practices, privacy policies and operations. Troy Healthcare, LLC cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, Troy Healthcare, LLC’s control. Troy Healthcare, LLC is not responsible for and gives no warranties and makes no representations in respect of the privacy policies or practices of linked or any third party or advertised websites on this Website.

9.2 You agree that Troy Healthcare, LLC shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on this Website. Any dealings that you may have with any linked websites are solely between you and the third party website.

 

10. General disclaimers and indemnity

10.1 You acknowledge that you use this Website and the Content entirely at your own risk and on an “as is” and “as available” basis and that you assume full responsibility and risk of loss resulting from the use thereof.

10.2 While Troy Healthcare, LLC has taken reasonable measures to update the Content and to offer the most current, correct and clearly expressed information possible, Troy Healthcare, LLC cannot be held responsible for any inaccuracies, errors, omissions, misinterpretations or incompleteness.

10.3 Troy Healthcare, LLC does not make any warranties or representations, whether express, implied or statutory:

10.3.1 that this Website or the Content will be available at all times, or will be error-free or that they will meet any particular criteria of performance or quality or that you will be able to access websites linked to this Website at all times;

10.3.2 as to non-infringement of third party rights, merchantability, fitness for a particular purpose, compatibility, security or accuracy;

10.3.3 that any files, downloads, software or applications available via this Website are free of viruses or any other data or code that has the ability to corrupt, damage or affect the operation of your system;

10.3.4 regarding the accuracy of the results or output that you derive from making use of any tools or utilities made available through this Website.

10.4 To the extent permissible by applicable law neither Troy Healthcare, LLC, its affiliates, shareholders, agents, partners, licensors, consultants, officers or employees (“Indemnified Parties”) shall be liable for any loss or damages whatsoever (including, without being limited to, any direct, indirect, special, incidental, consequential, punitive or exemplary damages) howsoever arising (whether in an action arising out of contract, statute, delict/tort or otherwise) related to or resulting from:

10.4.1 the use of, or the inability to access or use, this Website or any of the Content;

10.4.2 the faulty execution of this Website or the malfunctioning of this Website;

10.4.3 the use of or the inability to access or use any linked website;

10.4.4 unauthorized access to or alteration of your Third Party Content, transmissions or data;

10.4.5 statements, messages or conduct of any third party on this Website; or

10.4.6 any other matter relating to this Website or the Content,

even if Troy Healthcare, LLC knows or should reasonably have known of same. Notwithstanding anything to the contrary contained herein, the aforesaid limitations shall not apply in the case of intent or gross negligence by Troy Healthcare, LLC or in the case of Troy Healthcare, LLC’s statutory liability for personal injury.

10.5 To the extent permissible by applicable law you hereby unconditionally and irrevocably indemnify the Indemnified Parties and agree to hold the Indemnified Parties free from any claim or demand, loss, damages and/or costs (including reasonable attorneys’ fees) of whatsoever nature that the Indemnified Parties may suffer or incur or that are instituted against the Indemnified Parties as a direct or indirect result of:

10.5.1 your use of this Website and any of the Content;

10.5.2 any unavailability of, or interruption in, this Website or any of the Content;

10.5.3 your failure to comply with any of these Terms or any other requirements which Troy Healthcare, LLC may impose from time to time or any additional legal terms or Troy Healthcare, LLC’s privacy policy;

10.5.4 your Third Party Content;

10.5.5 your unauthorized use of any of Troy Healthcare, LLC’s Intellectual Property Rights;

10.5.6 your alleged breach of any other rights of a third party;

10.5.7 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software;

10.5.8 your transmission of information via the internet including, without being limited to, email.

 

11. Breach

11.1 If you:

11.1.1 breach any of these Terms;

11.1.2 in Troy Healthcare, LLC’s sole discretion use this Website in an unauthorized manner; or

11.1.3 breach any statute, regulation, ordinance or law,

Troy Healthcare, LLC is entitled without notice, in addition to any other right or remedy available to Troy Healthcare, LLC at law or under these Terms, including obtaining an interdict/injunction, to limit or deny you use of this Website or to claim specific performance of any of your obligations whether or not the due date for performance has arrived, in either event without prejudice to Troy Healthcare, LLC’s right to claim all loss and damages that Troy Healthcare, LLC incurs or sustains.

11.2 You agree to reimburse Troy Healthcare, LLC all of the reasonable legal costs that Troy Healthcare, LLC incurs, on an indemnity basis, associated with any legal action that Troy Healthcare, LLC pursues against you.

 

12. Notices

12.1 Except as explicitly stated otherwise, any notices shall be given by:

12.1.1 email to thomas@stopainclinical.com (in the case of Troy Healthcare, LLC) or to the e-mail address you have provided to Troy Healthcare, LLC (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid;

12.1.2 registered mail/airmail to, in the case of Troy Healthcare, LLC, the addressed provided on this Website, and, in your case, the address that you have provided to Troy Healthcare, LLC. In such case, notice shall be deemed to have been given 14 (fourteen) days after the date of mailing;

12.1.3 delivery by hand to a responsible person during business hours to, in the case of Troy Healthcare, LLC, the physical address provided on this Website, and, in your case, the physical address that you have provided to Troy Healthcare, LLC. In such case, notice shall be deemed to have been given on the date of delivery.

12.2 You acknowledge that all agreements, notices and other communications required to be given in terms of these Terms may be given via electronic means and that such communications shall be “in writing”.

12.3 Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

 

13. General clauses

13.1 These Terms shall be deemed to be made under the laws of the United States of America and the construction, validity, interpretation and performance of these Terms as well as any dispute related to or arising from these Terms shall be governed in all respects by the laws of the United States of America without regard to the principles of conflict of laws and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods. You and Troy Healthcare, LLC hereby submit to the exclusive jurisdiction of the courts of the United States of America.

13.2 This Website is controlled and administered by Troy Healthcare, LLC from its offices within the United States of America. Access to this Website from territories or countries where the Content of this Website is illegal is prohibited. You are responsible for compliance with all local laws of the country from which you access this Website.

13.3 In the event that any of the provisions of these Terms are or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by these Terms, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in these Terms and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.

13.4 Troy Healthcare, LLC’s failure to act with respect to a breach by you or others does not constitute a waiver of Troy Healthcare, LLC’s right to act with respect to subsequent or similar breaches.

13.5 You shall not be entitled to cede or assign your rights or delegate your obligations in terms of these Terms to any third party without Troy Healthcare, LLC’s prior written consent.

13.6 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

13.7 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

13.8 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the female and neuter genders and words importing persons shall include partnerships and corporate and unincorporated entities.

13.9 In these Terms “you” is a reference to any juristic entity or individual, including individuals who are registered as users of a juristic entity, who access the Website.

13.10 The termination of your relationship with Troy Healthcare, LLC, for any reason, or the cessation of your use of the Website or the Content shall not affect such of the provisions of these Terms as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this. Such provisions include your obligations relating to Troy Healthcare, LLC’s Intellectual Property Rights and Confidential Information.

13.11 These Terms set forth the entire understanding and agreement between Troy Healthcare, LLC and you with respect to this Website and your access to and use of this Website.

13.12 No provision in these Terms shall be construed against or interpreted to the disadvantage of Troy Healthcare, LLC by reason of Troy Healthcare, LLC having or being deemed to have structured, drafted or introduced such provision.

1. Scope of privacy policy

1.1 This Privacy Policy describes the privacy practices of this website as well as any other Troy Healthcare, LLC websites that include a link to this Privacy Policy. The foregoing are referred to as “Website” in this Privacy Policy.

1.2 Additional privacy related information may be provided for in the Terms of Use applicable to the Website.

1.3 In this Privacy Policy “you” is a reference to any juristic entity or individual, including individuals who are registered as users of a juristic entity, who access the Website.

 

2. Consent

2.1 By using the Website, you consent to Troy Healthcare, LLC’s collection and use of the information as described herein.

2.2 If Troy Healthcare, LLC decides to make changes to this Privacy Policy, Troy Healthcare, LLC will post the changes on this page so that you will always know what information Troy Healthcare, LLC collects and how Troy Healthcare, LLC uses it. Your continued use of the Website automatically binds you to the current version of this Privacy Policy.

2.3 You are required to regularly access this Privacy Policy to keep yourself advised of these changes.

 

3. What information Troy Healthcare, LLC collects about you

3.1 Through your interaction with and use of the Website, Troy Healthcare, LLC may collect Personal Information, which is information that can identify you as an individual or juristic entity or is capable of identifying you. Personal Information does not include general, statistical, aggregated or anonymised information. Personal Information may include, but is not limited to:

3.1.1 your name and physical address, email addresses and telephone numbers;

3.1.2 your payment information;

3.1.3 behavioural or demographic attributes, when tied to personal identifiers;

3.1.4 past transactional behaviour on the Website;

3.1.5 information about your company such as the name, size and location of your company and your role within the company.

3.2 Troy Healthcare, LLC may also collect other information through your interaction with and use of the Website which does not reveal your specific identity or does not directly relate to an individual or juristic entity. This information may include, but is not limited to:

3.2.1 unique IDs such as a cookie placed on your computer, mobile or device IDs;

3.2.2 Internet Protocol address (“IP address”) and information derived from your IP address such as your geographic location;

3.2.3 information about your devices such as information contained in HTTP Headers or other internet transfer protocol signals, browser or device type and version, operating system, user-agent strings and information about your preferred language;

3.2.4 behavioural data about your usage of the Website, such as webpages clicked and content areas visited, content downloaded, date and time of activities;

3.2.5 whether you have received or opened an email that Troy Healthcare, LLC sent you or clicked a link on that email.

3.3 In some instances, Troy Healthcare, LLC may combine other information with Personal Information, such as combining a precise geographical location with your name. If Troy Healthcare, LLC combines other information with Personal Information, Troy Healthcare, LLC will treat the combined information as Personal Information.

 

4. How Troy Healthcare, LLC collects information

4.1 Troy Healthcare, LLC and its third party service providers may collect information from a variety of sources including, without being limited to:

4.1.1 your use of and interaction with Troy Healthcare, LLC through the Website and your activities on the Website;

4.1.2 the use of technologies such as:

4.1.2.1 electronic communication protocols – when you visit the Website, Troy Healthcare, LLC may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type or device type), your IP address (which may identify your general geographic location or company) and date and time. Troy Healthcare, LLC may also automatically receive and record information about your interaction with the Website, such as clickstream information (when each Troy Healthcare, LLC webpage was visited and how much time was spent on the page), how often you access the Website, performance data, aggregate usage or general geo-location data;

4.1.2.2 cookies – is a small piece of information sent by a web server to store information on your web browser so it can later be read back from that browser. Cookies may collect information, including a unique identifier, user preferences, profile information, membership information and general usage and volume statistical information. Cookies may also collect individualized website use data, provide website personalization or conduct and measure the effectiveness of advertising in accordance with this Privacy Policy. You can set your browser to alert you when a cookie is being used and accept or reject the cookie. If you reject or disable a cookie, you may not be able to use certain parts of the Website and it may affect your experience of or interfere with the Website’s features and customization s;

4.1.2.3 flash cookies – they remember the Website’s settings to personalise the look and feel of the Website. Like normal cookies, flash cookies are represented as small files on your computer and can be disabled;

4.1.2.4 embedded URLs – allow limited information to follow you as you navigate the Website, but are not associated with Personal Information and are not used beyond the session;

4.1.2.5 pixels – identify unique user visits for advertising purposes and to provide information on when the e-mail or advert was opened to track marketing campaign responsiveness;

4.1.2.6 widgets, buttons and tools – they are interactive mini-programs that run on the Website to provide specific services from another service provider or that link to other service provider’s services. The widget, button or tool may collect and automatically send Personal Information, such as your e-mail address, or other information, such as your browser information, or IP address, to a third party;

4.1.2.7 analytics tools – these tools may establish your location, track how you use the Website or create a profile of you. This assists Troy Healthcare, LLC to determine which content is the most appropriate to be displayed while you visit the Website, which products and services you are interested in and how you are using the information that is made available to you on the Website;

4.1.3 other data you may have made publicly available, such as social media posts or data provided by third party sources, such as marketing opt-in lists or data aggregator.

 

5. How Troy Healthcare, LLC uses and shares the information

5.1 Troy Healthcare, LLC uses the Personal Information it collects (unless otherwise restricted by applicable law):

5.1.1 to engage in transactions with you and to process your transactions;

5.1.2 to provide you with services, tools, training and support;

5.1.3 to provide you with operational communications;

5.1.4 to notify you about any other information related to Troy Healthcare, LLC’s software and information related to the authorized distributor program. This may occasionally include information from other business partners about their products and services that can add value to Troy Healthcare, LLC’s products;

5.1.5 to advertise the authorized distributor programs products and services in accordance with this Privacy Policy. Your website visit, marketing experience and communications may be tailored to your interests based on your Personal Information;

5.1.6 to provide Troy Healthcare, LLC online communities. The Website permits you to participate in interactive discussions, post content and engage in networking activities. Troy Healthcare, LLC does not control the content that users post to these forums. You should carefully consider whether you wish to submit Personal Information to these forums. To manage or remove your Personal Information from our online communities, please send your request to thomas@stopainclinical.com. If Troy Healthcare, LLC is not able to remove your Personal Information, Troy Healthcare, LLC will let you know;

5.1.7 to confirm certain information about your downloading of products from the Website and to provide marketing information about related products and services;

5.1.8 to diagnose problems in respect of the Website, to administer the Website and to gather demographic information;

5.1.9 to help create and personalise content on the Website and to facilitate and improve your use of the Website;

5.1.10 to evaluate and improve our products, services, marketing and authorized distributor relationships;

5.1.11 to communicate with you about any matters related to the authorized distributor program, whether they apply generally to all authorized distributors or specifically to you;

5.1.12 as Troy Healthcare, LLC believes to be necessary or appropriate to protect the health and safety of Troy Healthcare, LLC’s employees and other users of the Website, Troy Healthcare, LLC’s physical and online operations, Troy Healthcare, LLC’s property, Troy Healthcare, LLC’s rights and Troy Healthcare, LLC’s privacy and/or that of Troy Healthcare, LLC’s affiliates, you or others.

5.2 Troy Healthcare, LLC uses and shares the Personal Information it collects (unless otherwise restricted by applicable law):

5.2.1 with third parties who provide services to Troy Healthcare, LLC such as analytics, hosting websites, event/campaign management, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing and other similar services. When Troy Healthcare, LLC shares Personal Information with third party service providers, Troy Healthcare, LLC requires that they use your Personal Information only for the purpose of providing services to Troy Healthcare, LLC and subject to terms consistent with this Privacy Policy;

5.2.2 as Troy Healthcare, LLC believes to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence or business; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence or business, for national security and/or law enforcement purposes; (d) to enforce Troy Healthcare, LLC’s terms and conditions; and (e) to allow Troy Healthcare, LLC to pursue available remedies or limit the damages that Troy Healthcare, LLC may sustain;

5.2.3 in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Troy Healthcare, LLC’s business, assets or shares (including in connection with any bankruptcy or similar proceedings), Troy Healthcare, LLC may transfer the Personal Information Troy Healthcare, LLC has collected to the relevant third party.

5.3 Some of the Personal Information uses specified above are not mandatory and may be controlled by you by setting use preferences or electing to opt-out, however your decision to do so may affect your use of the Website.

5.4 Troy Healthcare, LLC does not sell or rent your Personal Information to third parties for any purpose.

5.5 Troy Healthcare, LLC may use, transfer and disclose other information, which is not Personal Information, that Troy Healthcare, LLC collects for any purpose, except where applicable law requires otherwise.

 

6. Third party information

6.1 If you share any Personal Information with Troy Healthcare, LLC that relates to another person (“Data Subject”) you warrant and undertake to and in favour of Troy Healthcare, LLC that:

6.1.1 you are in lawful possession and control of the Personal Information and that you have the consent of the Data Subject to allow Troy Healthcare, LLC to collect, collate, process, store, transfer and in any other manner use such Personal Information;

6.1.2 the Data Subject has consented to the Data Subject’s Personal Information being collected, collated, processed, stored, transferred and used in a country that is different to the Data Subject’s country of residence or business;

6.1.3 you will promptly inform Troy Healthcare, LLC in the event that a Data Subject withdraws the aforementioned consent;

6.1.4 Troy Healthcare, LLC shall not be responsible for ensuring the correctness or accuracy of the Personal Information.

6.2 You indemnify, defend and hold Troy Healthcare, LLC harmless from and against any and all claims, demands, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, awards, costs, expenses and fees (including legal costs on an indemnity basis) that may be sustained, suffered or secured against or incurred by Troy Healthcare, LLC arising out of or resulting from:

6.2.1 Troy Healthcare, LLC’s lawful processing of a Data Subject’s Personal Information;

6.2.2 the Personal Information not being correct or accurate; or

6.2.3 your breach of the above provisions.

 

7. Access, correction and profile updates

7.1 Troy Healthcare, LLC relies on you to help keep the Personal Information that you have shared with Troy Healthcare, LLC accurate and up to date.

7.2 You may request to review, correct, update, suppress or otherwise modify any of your Personal Information that you have previously provided to Troy Healthcare, LLC through the Website or object to Troy Healthcare, LLC’s use or processing of such Personal Information.

7.3 You have the ability to update your profile and related Personal Information at any time. Should you need Troy Healthcare, LLC’s assistance in this regard, please contact Troy Healthcare, LLC at thomas@stopainclinical.com.

 

8. Retention and deletion

8.1 The time periods for which Troy Healthcare, LLC keeps your Personal Information may vary according to the use or purpose attached to the Personal Information. Unless there is a specific legal requirement requiring Troy Healthcare, LLC to keep your Personal Information, Troy Healthcare, LLC will not keep it for longer than necessary for the purpose for which the Personal Information was collected or for which it is to be processed.

8.2 At the end of the retention period, Troy Healthcare, LLC will delete your Personal Information in a manner designed to ensure that it cannot be reconstructed or read.

 

9. Security

9.1 Troy Healthcare, LLC uses reasonable safeguards that are designed to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. In addition, Troy Healthcare, LLC uses standard security protocols and mechanisms to exchange the transmission of sensitive data. When you enter sensitive Personal Information, Troy Healthcare, LLC encrypts it.

9.2 Notwithstanding the above, despite our efforts, no security controls are 100% effective and Troy Healthcare, LLC cannot guarantee the security of your Personal Information. In the event that your Personal Information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Troy Healthcare, LLC will give you notice promptly. Troy Healthcare, LLC will determine the scope of the breach and investigate and restore the integrity of the data system.

 

10. Cross-border transfer

Your Personal Information may be transferred, accessed, processed and stored globally as necessary in compliance with applicable laws. In some of these countries, such as the United States, the privacy protections and rights of authorities to access Personal Information may not be equivalent to those applicable to your country of residence or business.

 

11. Links to other sites

The Website may contain links to websites of other parties. Troy Healthcare, LLC is not responsible for the privacy practices or the content of such other websites. Therefore, you must carefully read the privacy statements of such websites.

 

12. Note about children

Minors are not eligible to use the Website and Troy Healthcare, LLC requests that they do not submit any Personal Information to Troy Healthcare, LLC. If you believe that Troy Healthcare, LLC has mistakenly or unintentionally collected Personal Information of a minor through the Website, please notify Troy Healthcare, LLC at thomas@stopainclinical.com so that Troy Healthcare, LLC may immediately delete the information from Troy Healthcare, LLC’s servers and make any other corrections.

 

13. Sensitive information

You undertake not to send or share with Troy Healthcare, LLC any sensitive Personal Information (such as information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership).

 

14. Disputes

14.1 If you have any complaints regarding Troy Healthcare, LLC’s compliance with this Privacy Policy, you should first contact Troy Healthcare, LLC. Troy Healthcare, LLC will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with this Privacy Policy

14.2 This Privacy Policy shall be deemed to be made under the laws of the United States of America and the construction, validity, interpretation and performance of this Privacy Policy as well as any dispute related to or arising from this Privacy Policy shall be governed in all respects by the laws of the United States of America without regard to the principles of conflict of laws and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods. You and Troy Healthcare, LLC hereby submit to the exclusive jurisdiction of the courts of the United States of America.

 

15. General clauses

15.1 In the event that any of the provisions of this Privacy Policy are or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by this Privacy Policy, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in this Privacy Policy and severed from the balance of this Privacy Policy, without invalidating the remaining provisions of this Privacy Policy or affecting the validity or enforceability of such provision in any other jurisdiction.

15.2 Troy Healthcare, LLC’s failure to act with respect to a breach by you or others does not constitute a waiver of Troy Healthcare, LLC’s right to act with respect to subsequent or similar breaches.

15.3 You shall not be entitled to cede or assign your rights or delegate your obligations in terms of this Privacy Policy to any third party without Troy Healthcare, LLC’s prior written consent.

15.4 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

15.5 The head notes to the paragraphs to this Privacy Policy are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

15.6 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

15.7 The termination of your relationship with Troy Healthcare, LLC, for any reason, or the cessation of your use of the Website shall not affect the provisions of this Privacy Policy as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this.

15.8 This Privacy Policy sets forth the entire understanding and agreement between Troy Healthcare, LLC and you with respect to the subject matter hereof.

15.9 No provision in this Privacy Policy shall be construed against or interpreted to the disadvantage of Troy Healthcare, LLC by reason of Troy Healthcare, LLC having or being deemed to have structured, drafted or introduced such provision.