Last edited on 2023-31-01
This Notice also includes a GDPR and UK GDPR Privacy Notice, as set out below.
- Copyright. The content, organization, graphics, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part or aspect of the Site, except in the limited circumstances discussed in Section 4 below, is strictly prohibited. You do not acquire any ownership rights to the content viewed through the Site. The posting of content on the Site does not constitute a waiver of any right in said content, as some of the content on the Site may be the copyrighted work of third parties. We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by a copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”) to respond to such concerns, firstname.lastname@example.org Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.
- Service Marks. “InCarda Therapeutics”, “InCarda”, and others are our service marks or registered service marks or trademarks. Other product and company names, graphics, logos, icons, designs, words, titles or phrases displayed on the Site may be the service marks or trademarks of their respective owners, used by us with their permission, and their display on our Site does not imply that a license of any kind has been granted.
- Limited License and Permitted Uses. By agreeing to the terms of this Agreement, you are being granted a non-exclusive, non-transferable, revocable license to: (i) access and use the Site strictly in accordance with the terms of this Agreement; (ii) use the Site for personal, non-commercial purposes; and (iii) print out information from the Site solely for personal, non-commercial purposes, provided that you comply with and maintain all copyright and other policies contained therein.
- Linking to the Site. You may provide links to the Site, provided that: (i) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, this Agreement or any other notices on the Site; (ii) your site does not engage in any illegal, vulgar or pornographic activities; and (iii) you discontinue providing links to our Site immediately upon request by us.
- Registration. Certain sections of and offerings from the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for your personal use only. You are solely responsible for preventing the unauthorized use of your personal registration, including any username or password provided to you by us, by (a) any other person using the registered sections under your name, or (b) access being provided to multiple users on a network under one registration. All information to which you have access through any password-protected section of the Site shall be treated as strictly confidential by you.
- Errors, Corrections and Changes. We make no representations or warranties regarding the following: (i) that the Site will be error-free, free of viruses or other harmful components; (ii) that Site defects will be corrected; or (iii) that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right, in our sole and absolute discretion, to edit or delete any documents, information or other content appearing on the Site, for any reason whatsoever.
- Third-Party Content. Third-party content may appear on the Site or may be accessible via links from the Site. Such links to third-party sites or content are for your convenience only and you access them at your own risk. We are not responsible for and assume no liability for any mistakes, misstatements, defamatory content, omissions, falsehoods, or any obscene, pornographic or profane content in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by nor reflective of our beliefs.
- Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third-parties persons, agencies or entities and disclosing any information necessary or appropriate to such persons, agencies or entities relating to your profile, e-mail address, usage history, posted materials, IP address and Site traffic information.
- Indemnification. By agreeing to the terms of this Agreement, you hereby agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers, advertisers, product and service providers, and affiliates (collectively, the “Affiliated Parties”) harmless from any liability, loss, claim, injury and expense related to your violation of this Agreement or your use of the Site.
THE INFORMATION AND CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS-IS, WITH ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND WE MAKE NO WARRANTY THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SUCH INFORMATION OR SERVICES, EXCEPT IN THE LIMITED CIRCUMSTANCES PROVIDED IN SECTION 13 BELOW. IN PARTICULAR, BUT IN NO WAY A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, CONTENT AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM OR THROUGH THE SITE OR SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 12. Limitation of Liability. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the reasonable control of the Site. IN NO EVENT SHALL OUR AND ANY OF OUR AFFILIATED PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER BASED IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
- Links to Other Web Sites. Our Site may contain links to other Web sites. We are not responsible for the content, accuracy, reliability or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy, reliability or completeness by us. The inclusion of any linked Web site on our Site does not imply our approval or endorsement thereof. If you decide to leave our Site and access any such third-party Web site, you do so at your own risk. We assume no responsibility for any loss, damage or injury resulting from your accessing such third-party Web sites.
- Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations pertaining to your use of the Site and the Content and materials provided therein. 21. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. Any cause of action by you with respect to the Site (and/or any information, documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 12 and 13. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement, along with any agreements incorporated herein, and your personal information may be automatically assigned by us in our sole discretion to a third-party in the event of an acquisition, sale or merger. If any provision of this Agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision similar in tenor to the illegal, invalid or unenforceable provision. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall be controlling. Our failure to enforce any provision of this Agreement shall not be deemed a waiver thereof, nor shall such failure to enforce be deemed a waiver by us of the right to enforce such provision. Our rights under this Agreement shall survive the termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.
For EU/UK users – GDPR and UK GDPR Privacy Notice
InCarda, as the Data Controller of the personal data, has committed to comply with the he EU n° 2016/679 General Data Protection Regulation (‘GDPR’) and the General Data Protection Regulation as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (“UK GDPR”) and the UK Data Protection Act 2018 (amended 2020) (the “Data Protection Act”).
InCarda is located 39899 Balentine Drive, Suite 185 Newark, CA 94560.
- What personal data do we collect?
- Identification data related to your queries through our address email: e.g. name, email address, or other details.
- Commercial information: e.g. if you have subscribed to our newsletter (name, email, company)
- Technical data: e.g. cookies may store in certain circumstances personal data which may include: IP addresses, browser type, location, operating system,… For more information, please consult our Cookie Notice
- Aggregate data : aggregate statistical data (e.g. Company page on LinkedIn, Twitter, Facebook and Vimeo)*
*For the use of social media, InCarda will be joint-controller with LinkedIn, Twitter, Facebook and Vimeo only for the following activities: accessing and processing statistical aggregate data provided by LinkedIn, Twitter, Facebook and Vimeo in relation to the Company Page. For any other processing on the platform, social media platform shall be considered as the sole data Controller.
Facebook and LinkedIn have created an “addendum” to their user agreements for company pages for the processing for which they are joint-controllers with us. Such agreement is not currently provided by Twitter and Vimeo.
- Purposes and legal basis for Processing your personal data
|The reasons we process your personal information||Legal basis|
|To respond to an email or particular request from you
|We consider that we have lawful interest in answering the requests or queries raised by you through our email address. We understand that the processing of these data is also beneficial to you to the extent that it enables us to assist you adequately and answer to the queries raised.|
|To present our Website and its content to you and to operate and improve our Website||We consider that we have lawful interest to ensure the proper functioning of our Site and to present our Website and its content to you.
We also consider that we have lawful interest to understand the way our page in social media is consulted (e.g. how many times our page is consulted, from which country,…).
|To send you Newsletter||Processing is based on your consent. Please, remember that you may unsubscribe from the Newsletter at any time without any cost.|
When the Processing is based on our legitimate interest as the legal basis, we make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
- How to exercise your rights
With regard to the processing of your personal data you have the following rights:
- Access: you have the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, all necessary information to make the process transparent;
- Rectification: you have the right to require rectification of inaccurate data about you;
- Deletion: you have the right to request deletion of your personal data, but this right may be limited depending on the specific circumstances;
- Objection: you have the right to object, on grounds relating to your particular situation, at any time to the processing of your data where we are relying on legitimate interest as legal basis;
- Restriction: you have the right to restrict the processing of data under certain specified circumstances;
- Data Portability: when you have given your consent for the processing of your data, you have the right to request to receive or transfer your personal data to another organization of your choice, in a machine-readable form;
- Withdraw consent: when you have given your consent for the processing of your data, you can withdraw your consent at any time, without justification.
If you want to exercise your rights, please contact us at email@example.com. Please, note that all of these rights are not absolute and will be assess on a case-by-case basis.
You also have the right to raise a complaint about how your personal information is handled to the National Data Protection Authority located in the United Kingdom or the EU Member State in which you have your habitual residence or place of work, or where the alleged violation took place.
Each EU Member State has established a data protection authority. The contact details of each of these authorities can be found on the following link: https://edpb.europa.eu/about-edpb/about-edpb/members_en
The UK Data Protection Authority : The Information Commissioner’s Office
Water Lane, Wycliffe House
Wilmslow – Cheshire SK9 5AF
Tel. +44 1625 545 745
- How long do we keep your data
We store the data for as long as it is necessary to reply to your request and in any case for a maximal period 20 years. For the newsletters, we will process your data until you unsubscribe or cancel your subscription to the Newsletter.
We may archive for a longer period your personal data when we are subject to a legal obligation or when it is relevant to keep a follow-up of our exchanges, e.g., in case of litigation.
When we no longer require the personal data, we have collected about you, we will either delete or anonymize it.
- Data sharing and data transfer
We may share your personal data to:
Our internal team
Our external marketing company
Our external consultants
Your data will not be transferred in a third country before having introduced appropriate measures to ensure a suitable level of protection (e.g., EU/UK Commission’s Adequacy Decision or appropriate safeguards such as standard contractual clauses).
- Contact us
To contact us regarding this Privacy Notice, you can contact us at firstname.lastname@example.org.