Arcmed Privacy Policy

EFFECTIVE DATE: January 11^th 2021

In this Privacy Policy (“Policy”), we describe how Diba Industries, Inc. d/b/a Arcmed (the “Company”) collects, uses, and discloses personal information that we obtain about visitors to our website www.ArcmedGroup.com (the “Site”) and the services available through our Site (collectively, the “Services”). The terms of the Policy shall extend to Affiliates of Company. An “Affiliate” means Bio-Chem Fluidics, Inc. and Diba Industries LTD. (collectively with Diba Industries, Inc. the “Arcmed Group”) This Privacy Policy does not apply to any personal information that we collect and process on behalf of our clients as processor or services provider (such personal information is subject to the privacy policies of our clients), or other personal information that is out of scope as described below.

By visiting the Site or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of www.ArcmedGroup.com/terms-conditions/, including its applicable limitations on damages and the resolution of disputes. The Arcmed Group Terms of Service are incorporated by reference into this Policy.

Overview of Our Collection and Use of Personal Information

We think transparency is important.  In this overview, we summarize the personal information we collect and how we use it, which is further explained in our Policy below.  Keep in mind that the actual personal information we collect and how we use it varies depending upon the nature of our relationship and interactions with you.  Also, in some cases (such as where required by law), we ask for your consent or give you certain choices prior to collecting or using certain personal information. 

Categories of Personal Information Collected. Generally, we collect the following types of personal information:

• Identifiers: includes direct identifiers, such as name, alias, user ID, username, account number or unique personal identifier; email address, phone number, address, and other contact information; IP address and other online identifiers; and other similar identifiers. 
• Customer Records: includes personal information, such as name, account name, user ID, contact information, education and employment information, and account numbers that individuals provide us in order to purchase or obtain our products and services. For example, this may include information collected when an individual register for an account, purchases or orders our products and services, or enters into an agreement with us related to our products and services.
• Commercial Information: includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. For example, this may include demographic information that we receive from third parties in order to better understand and reach our customers.
• Usage Data: Includes browsing history, clickstream data, search history, access logs and other usage data and information regarding an individual’s interaction with our websites and our marketing emails and online ads.
• Geolocation Data: Includes precise location information about a particular individual or device.
• Audio, Video and Electronic Data: includes audio, electronic, visual, thermal, olfactory, or similar information such as, photographs and images (e.g., that you provide us or post to your profile) and call recordings (e.g., of customer support calls).
• Professional Information: includes professional and employment-related information (such as current and former employer(s) and position(s), business contact information and professional memberships).
• Education Information: includes information about an individual’s educational history (such as the schools attended, degrees you were awarded, and associated dates).
• Protected Classifications: includes characteristics of protected classifications under applicable/federal and state/federal and California laws, such as disability information and medical conditions (e.g., which we may collect in order to make available appropriate accommodations for events and other activities) / information that you voluntarily include in your account profile (e.g., gender, marital status and political affiliation).
• Inferences: includes inferences drawn from other personal information that we collect to create a profile reflecting an individual’s preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes. For example, we may analyze personal information to identify the offers and information that may be most relevant to customers, so that we can better reach them with relevant offers and ads.

Use of Personal Information.  In general, we may use and disclose the personal information we collect for the following business and commercial purposes:

• Providing our Services and related support
• Safety, recall and warranty
• Analyzing and improving our Services
• Personalizing content and experiences
• Advertising, marketing, and promotional purposes
• In support of our general business operations
• Securing and protecting our assets and rights
• Complying with legal obligations

California residents: If you are a California resident, please refer to the California Residents’ Rights section below for important information about the categories of personal information we collect and disclose, as well as your rights under California privacy laws, including your right to submit a “Do Not Sell My Info” request (i.e., to opt of the sale of your personal information by us). 

The Information We Collect About You

We collect information about you directly from you and from third parties, and automatically through your use of our Site or Services.

Information We Collect Directly From You. The information we collect from you depends on how you use our Services. To create an account, you must provide your name, contact information, and demographic information. We also may collect additional information from you, including
date of birth, phone number, purchasing patterns, etc. We may also request your information when downloading files from the Site including resources (e.g. brochures, MSDS, certifications, case studies) and detailed product information (e.g. spec sheets, CAD files, engineering drawings, brochures, catalogs, ordering tables, pricing). We may also collect personal information you give us for marketing purposes, including your business contact information, such as if you sign up to receive news, updates, offers and other marketing communications from us, we may collect your name and contact information. We may also collect name, email address, and other information when you participate in promotions, events or activities offered by us (collectively, “events”) or submit surveys or feedback to us.

Information Related to the Use of Our Services. We may collect information via automated means or derive information about you when you use our Site or Services or otherwise interact with us. For example, we and our third-party providers may use cookies, pixels, tags, log-files, and other technologies to collect information about a user from their browser or device, including: IP address (and associated location information); MAC address; login credentials; browser type, version, and time zone setting; browser plug-in types and versions; screen resolution; operating system name and version; operating platform; device model; the URL from which you navigated to our website, as well as the pages you visited, links you clicked and activities performed on our website; and date and time stamps associated with your activities on our websites. We may also collect other technical information to help us identify your device for fraud prevention, diagnostic and similar purposes. Please see the Our Use of Cookies and Other Tracking Mechanisms section below for more information.

Further, if you contact our customer support services or participate in public events or webinars, we may record these interactions.

Information We Collect From Other Entities. We may obtain information from third party sources, which may include:

• Third-party data suppliers from which we purchase demographic data to supplement the data we collect;
• Affiliates of part of the Arcmed Group;
• Social networks when you reference our Services or grant permission to Arcmed Group to access your data on one or more of these services;
• Surveys or questionnaires from third-party providers;
• Partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities; and
• Publicly available sources such as open government databases or other data in the public domain.

Information We Collect Automatically. We automatically collect information about your use of our Site and Apps through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information

Site:

• domain name;
• your browser type and operating system;
• web pages you view on the Site; links you click on the Site; your IP address;
• the length of time you visit our Site and or use our Services;
• the referring URL, or the webpage that led you to our Site.

Legal Bases for Processing Personal Information (where applicable)

Certain laws, including the General Data Protection Regulation (GDPR), require that we inform you of the legal bases for our processing of your personal information. Pursuant to the GDPR (and other similar relevant laws, such as the UK Data Protection Act), we may process personal information for the following legal bases:

• Performance of contract: processing of your personal information which is required for us to perform obligations or exercise rights under contracts that you may have with us (for example, if you use our Services).

• Compliance with laws: to comply with our legal obligations (for example, maintaining information in accordance with tax, audit, or company law requirements and responding to legal process).

• Our legitimate business interests: in furtherance of our legitimate business interests including:

• to facilitate your participation in interactive features you may choose to use on our Site and Services and to personalize your experience with the Services by presenting content tailored to you.
• to correspond with you, notify you of events or changes to our Services, or otherwise respond to your queries and requests for information, which may include marketing to you.
• to send you advertising material via email, such as surveys and promotions (except where consent is required under applicable laws).
• to provide and personalize the Services.
• for data analysis, audits, fraud monitoring and prevention, and developing new products, enhancing, improving or modifying our Sites, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
• to protect and defend our legal rights and interests and those of third parties.

• With your consent: where applicable laws require that we obtain your consent to collect and process your personal information, we will obtain your consent accordingly. When we obtain your consent, the GDPR (where it applies) and other applicable laws give you the right to withdraw your consent without penalty (e.g., you have agreed to receive marketing emails. By signing up or ticking “yes”, you are agreeing to allow Arcmed to use your data for outreach and marketing purposes. By unsubscribing, you revoke that consent.). You can do this at any time by contacting us using the details at the end of this Privacy Policy. In some jurisdictions (not including where the GDPR applies), your use of Site may be taken as implied consent to the collection and processing of personal information as outlined in this Privacy Policy.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

• To provide our Services to you.
• To communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes. 
• To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Services.
• To send you email marketing about our products and services. 
• To send you news and newsletters.
• To send you email marketing about products and services of our affiliated entities. 
• To send you email marketing about products and services of other entities that we think may be of interest to you. 
• To assist us in advertising on third party websites and other online services, and to evaluate the success of our adverting campaigns through third party channels (including our online targeted advertising and offline promotional campaigns).
• To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Site are more (or least) used by users, and we will use this information. 
• For research and analytics purposes.
• To administer our customer loyalty program. 
• To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
• To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
• Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.

How We Share Your Information

We may share your information, including personal information, as follows:

• Service Providers. We disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. These service providers include our web consultants who setup our CRM account have admin access to the CRM.
• Affiliates. We disclose the information we collect from you to our affiliates or subsidiaries. 
• Third Parties. We disclose the information we collect from you to third parties for analytics (e.g. Google), LinkedIn, ERP systems, and third-party distributors. 

We also disclose information in the following circumstances:

• Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company.  As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.
• In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

• To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.

• Aggregate and De-Identified Information. We share aggregate, anonymized, or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Our Use of Cookies and Other Tracking Mechanisms 

We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf). 

Cookies.  Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.

• Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site and Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site and Services.
• Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site and Services who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Flash Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO. 

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and Services to, among other things, track the activities of Site visitors and app users, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, our Apps. We also may use other analytic means to evaluate our Site and Apps. We use these tools to help us improve our Site’s and Apps’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Network section.

Third-Party Links

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Transfers Of Your Personal Information

Arcmed is located in the United States. If you are located outside the United States—such as in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland—and you submit personal information to Arcmed, that information will be transferred to the United States and other jurisdictions in which we or our vendors operate. The data protection laws in these jurisdictions may not be equivalent to those in your jurisdiction of residence. Arcmed will take steps to ensure that your personal information is subject to appropriate safeguards, including, where required, by implementing appropriate adequacy measures, such as the EU standard contractual clauses (as approved by the European Commission) for the transfer of personal data to processors established in third countries. The current form for the standard contractual clauses can be found at https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en. For additional information regarding the mechanism under which your personal data is transferred outside of the EEA/UK, you may contact us as set forth below.

Rights And Choices Regarding Personal Information

In this section we describe the choices individuals have regarding our collection, use, and handling of their personal information.

Access, amendment, and deletion. You may request to review, make amendments, have deleted, or otherwise exercise your rights, under applicable privacy laws, over your personal information that we hold, subject to certain limitations under applicable law. You may submit a request to us related to your personal information by completing this webform. Please note that we may maintain copies of information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law. Your access to or correction of your personal information is subject to applicable legal restrictions and the availability of such information. Further, we may take reasonable steps to verify your identity before granting such access or making corrections.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality that we owe to others, if we are legally entitled to deal with the request in a different way, or if relevant exemptions apply to some or all of the personal information subject to the request.

Additional information for certain jurisdictions. Arcmed is committed to respecting the privacy rights of individuals under all privacy laws applicable to us. At the end of this Privacy Policy, we specific information for individuals in certain jurisdictions, as required under certain privacy laws:

• GDPR – EEA/UK: Additional Information for GDPR – EEA/UK Residents below provides information about data subject rights under the GDPR and UK Data Protection Act.

• CCPA – California Residents: Additional Information for California Residents below sets forth additional information for California residents, about their rights under the CCPA.

Security of My Personal Information 

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 20 business days for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

Children Under 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have any questions about this Privacy Policy, please contact us at DataProtection@ArcmedGroup.com or please write to the following address:

Attn: Data Privacy
4 Precision Road
Danbury, CT USA 07005

Additional Information for GDPR – EEA/UK Residents 

To the extent that the GDPR or the UK Data Protection Act applies to Arcmed’s processing of your personal information, you may have the following rights in relation to that personal information:

• to obtain from us confirmation as to whether or not personal information concerning you is being processed, and where that is the case, to request access to the personal information. The accessed information includes – among others – the purposes of the processing, the categories of personal information concerned, and the recipients or categories of recipient to whom the personal information have been or will be disclosed. You have the right to obtain a copy of the personal information undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs;
• to correct any personal information that we hold about you;
• to have your personal information removed under certain circumstances unless continued processing is necessary by law;
• to have the processing of your personal information restricted where you dispute its accuracy, if you think its processing is unlawful, or if you otherwise object to its processing, or when Arcmed no longer needs your personal information and you need it in relation to a legal claim;
• to receive copies of your personal information under certain circumstances;
• to object at any time to any processing of your personal information which has our legitimate interests as its legal basis. You may exercise this right without incurring any costs. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms. The right to object does not exist, in particular, if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded;
• to request that we change the manner in which we contact you for marketing purposes. You can request that we do not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes;
• to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside the EU/EEA/UK. We may redact data transfer agreements to protect commercial terms; 
• to complain to your national data protection regulator if you feel that any of your personal information is not being processed in accordance with the GDPR; and
• to withdraw your consent, where the processing of your personal information is based on consent; if you withdraw your consent, Arcmed will stop processing your personal information, unless we have another legal basis for doing so.

You may submit a request to us regarding your personal data held by Arcmed by completing this webform. Please note that we may rely on applicable exemptions under EU, Member State, or UK law in order to deny part or all of your request. If we do so, we will inform you when responding to your request.

Additional Information for California Residents 

In this section, we provide additional information to California residents about how we handle their personal information, as required under California privacy laws including the California Consumer Privacy Act (“CCPA”). This section does not address or apply to our handling of publicly available information lawfully made available by state or federal government records or other personal information that is exempt under the CCPA.  

• Categories of Personal Information Under the CCPA (Last Updated: October 1^st 2021)

While our collection, use and disclosure of personal information varies based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed personal information about consumers in the prior 12 months (from the Last Updated date above).  

Categories of Personal Information Collected and Disclosed. The table below identifies the categories of personal information (as defined by the CCPA) we have collected about consumers, as well as how we have disclosed such information for a business purpose. For more information about the business and commercial purposes for which we collect, use, and disclose personal information, please see the How We Use Your Information and the How We Share Your Information sections above. 

Do We “Sell” Personal Information? Under the CCPA, a “sale” includes disclosing or making available personal information to a third-party in exchange for monetary compensation or other benefits or value. While we do not disclose personal information to third parties in exchange for monetary compensation, we may disclose or make available certain categories of personal information to third parties in order to receive certain benefits or services, such as when we make browsing information available to third party ad companies (through third party tags on our Sites) in order to improve and measure our ad campaigns and reach users with more relevant ads and content. As defined by the CCPA, we may “sell” certain categories of personal information as follows:

• Usage Data and Identifiers to third-party advertising networks and data analytics providers  

Sources of Personal Information. As further described in The Information We Collect About You section above, we may collect personal information from the following sources:

• directly from the individual  
• advertising networks
• data analytics providers
• social networks
• internet service providers
• operating systems and platforms
• government entities
• data brokers
• business customers
• distributors

CCPA Rights. In general, California residents have the following rights with respect to their personal information:

• Do-not-sell (opt-out): to opt-out of our sale of their personal information. We do not sell personal information about California consumers, including those we have actual knowledge are younger than 16.
• Right of deletion: to request deletion of their personal information that we have collected about them and to have such personal information deleted (without charge), subject to certain exceptions.  
• Right to know: with respect to the personal information we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions):
• categories of personal information collected;
• categories of sources of personal information;
• categories of personal information about them we have disclosed for a business purpose or sold; 
• categories of third parties to whom we have sold or disclosed for a business purpose their personal information; 
• the business or commercial purposes for collecting or selling their personal information; and
• a copy of the specific pieces of personal information we have collected about them.
• Right to non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA.  

Submitting CCPA Requests.  California residents may submit CCPA requests to know (access) and requests to delete their personal information through one of the following methods: 

• By completing this webform
• By calling 1-888-914-9661 and entering PIN code 193813

When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must complete all required fields on our webform (or otherwise provide us with this information via the above email) to verify your request.  In some cases, we may request additional information to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor.  

For more information about our privacy practices, you may contact us as set forth in the Contact Us section above.