Effective Date: 25-Aug-2023

1.     General

LabVantage Solutions, Inc. (“We”, “LabVantage”, “LabVantage Solutions”) is committed to ensure the confidentiality and data protection of all personal data. This privacy notice is applied to personal data that We collect in relation to our customer and marketing data filing system (later “Data Filing System”). The personal data and related processing are described in this privacy notice. Additional information regarding the processing of personal data in our systems is provided by the Data Protection Officer at Quality@labvantage.com.

We respect your privacy rights and value your trust.  This privacy notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.

We may update this privacy notice from time to time, for example due to changes in applicable legislation. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. Therefore, We advise you to review this privacy notice. We endeavor to carry out reasonable means to inform You of any possible changes beforehand.

LabVantage complies with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce.

EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. Data Privacy Framework

LabVantage has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. Data Privacy Framework.

EU-U.S. Data Privacy Framework and Swiss-U.S. Data Privacy Framework

LabVantage has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. Data Privacy Framework. If there is any conflict between the terms in this privacy policy and the EU-U.S. Data Privacy Framework Principles and/or the Swiss-U.S. Data Privacy Framework Principles, the Principles shall govern.

EU-U.S. Data Privacy Framework

To learn more about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov/

LabVantage Solutions is responsible for the processing of personal data it receives, under the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework, and subsequently transfers to a third party acting as an agent on its behalf. LabVantage Solutions complies with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework for all onward transfers of personal data from the EU, UK, or Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework, LabVantage Solutions is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, LabVantage Solutions may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

2.     Complaints

All requests concerning the use of the rights mentioned, questions about this privacy notice, or complaints related to Your privacy or data use should be emailed to the LabVantage Data Protection Officer at Quality@labvantage.com or paper mailed to:

LabVantage Solutions
Attention: Data Protection Officer
265 Davidson Ave, Somerset, NJ, 08873 USA
Phone (908) 707-4100.

In compliance with the EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework, LabVantage commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework.

• EU Data Protection Authorities (EU DPAs) at (URL): https://edpb.europa.eu/about-edpb/about-edpb/members_en
• The UK Information Commissioner’s Office (ICO) at (URL): Information Commissioner’s Office (ICO)
• The Swiss Federal Data Protection and Information Commissioner (FDPIC) at (URL): Homepage (admin.ch).

3.    Binding Arbitration

An individual’s decision to invoke this binding arbitration option is entirely voluntary. Arbitral decisions will be binding on all parties to the arbitration. Once invoked, the individual forgoes the option to seek relief for the same claimed violation in another forum, except that if non-monetary equitable relief does not fully remedy the claimed violation, the individual’s invocation of arbitration will not preclude a claim for damages that is otherwise available in the courts.

LabVantage is obligated to arbitrate claims and follow the terms as set forth in 1) Annex I of the Data Privacy Framework Principles, 2) the UK Extension to the EU-U.S. Data Privacy Framework, or 3) the Swiss-U.S. Data Privacy Framework, provided that the individual has invoked binding arbitration by delivering notice to LabVantage.

The parties will select arbitrators and follow the arbitration procedures for: 1) the EU-U.S. Data Privacy Framework Panel from the list of arbitrators and follow the arbitration procedures as defined in Annex I, 2) the UK Extension to the EU-U.S. Data Privacy Framework, or 3) the Swiss-U.S. Data Privacy Framework.

Arbitrators should take reasonable steps to minimize the costs or fees of the arbitrations.

4.     Data Controller

Name: LabVantage Solutions
Address: 265 Davidson Ave, Somerset, NJ, 08873 USA
Telephone: (908) 707-4100

5.    Information Related to Data Collected for our Clients:

• LabVantage Solutions may collect information under the direction of its Clients and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. LabVantage Solutions may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.

6.     Access and Retention of Data Controlled by our Clients:

• We acknowledge that you have the right to access your personal information. LabVantage Solutions has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the LabVantage Solutions’ Client (the data controller). If requested to remove data, we will respond within a reasonable timeframe.
• LabVantage Solutions will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. LabVantage Solutions will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7.     Why we Need it?

We process the personal data of Our customers’ and potential customers’ representatives (later also “You”) in the following systems.

8.     What Categories of Personal Data Do We Process?

We may process the following categories of Your personal data:

• Your name
• Your title
• Your contact details: email address and telephone number
• the company you are representing and your position in the company
• information concerning the exploitation of electronic services and content (e.g. subscription to a newsletter), technical information sent to Our server by your browser (e.g. IP-address, browser, browser version, the webpage from which you came to our webpage) as well as the cookies sent to your browser and information related to them (see additional information on cookies and similar technologies below).
• LabVantage does not collect, or process, other customer sensitive personal information, which includes, but not limited to, race, religion, sexual orientation, medical records, social security / government IDs, financial information, or political opinions.

9.     Which Sources Do We Use to Collect Personal Data?

We may collect personal data primarily from You (e.g. your contact requests through Our webpage and business cards given by You to Us). In addition, We obtain personal data from the following sources:

• Software maintenance agreements
• Billing information
• Other representatives of the company You represent
• Our employees
• Public sources such as the internet pages of the company You represent
• Events
• Business Networks
• E-mail lists We purchase from third parties
• Other similar sources

10.     Basis for and Purposes of Processing Your Personal Data

The basis for processing Your personal data is Our legitimate interest.

The purpose of the processing of Your personal data may include with respect to:

• the management and maintenance of the customer relationship of the company You represent to Us.
• for the sales and direct marketing of Our products and services.
• Communications of product enhancements, releases, issues and resolutions.

You will only receive Business-to-Business marketing with regard the company You represent from Us unless the company or You have informed us that You or the company do not want to receive electronic direct marketing from us.

11.  Regular Disclosures and Transfers of Your Personal Data to Third Parties

We may share your information with third parties who provide services on our behalf to help with our business activities.  These companies are authorized to use your personal information only as necessary to provide these services to us, pursuant to written instructions.  In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal information they receive from us for any other purpose.  Representative business processes that our service providers/vendors assist US with include:

• Network or cybersecurity monitoring and intrusion detection
• Web or application development/management
• Shipping and fulfilling orders
• Payment processing
• Providing customer service
• Sending marketing communications
• Displaying tailored content through personalized advertising
• Fulfilling subscription services
• Conducting research and analysis
• Providing cloud computing infrastructure/storage/processing, etc.
• Technical administration, such as hosting, managing and maintaining [our sites, services, applications, etc.]
• Analytics, so that we may better understand how our site is being used in order to optimize resources

Although LabVantage may share your information with third parties who provide services on our behalf to help with our business activities, LabVantage does not sell your information.

We may also be required to share Your personal data as required by law, such as to comply with a subpoena, bankruptcy proceedings, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information. We may also disclose your personal information to any other third party with your prior consent.

12.  User Access and Choice

Upon request LabVantage Solutions will provide you with information about whether we hold any of your personal information. If your personal information changes, or if you no longer desire our service, you may [correct, update, amend, delete/remove, ask to have it removed from a public forum, directory or testimonial on our site or deactivate it] by making the change on our member information page or by emailing our Customer Support at Support@labvantage.com or by contacting us by telephone or postal mail at the contact information listed in section 2. We will respond to your request within a reasonable timeframe.

We do not disclose Your personal data to any third parties for any other purposes than the purposes described in this document.

13.  Transfers of Your Personal Data outside the EU or European Economic Area

We may transfer Your personal data outside the European Union, the European Economic Area, UK, or Switzerland. This includes, but is not limited to, United States of America and India.

14.  Principles for the Retention of Your Personal Data

We are required to keep your documents for the time period according to the POL-04 Data Retention Policy in the systems identified in accordance with the following principles:

• If You are the representative of Our current customer, We retain Your personal data for as long as the customer relationship exists unless You, or someone else at the company, informs us of another contact person. After the termination of the customer relationship, Your personal data shall be retained for a maximum of one year following the termination of the customer relationship.
• If You are in Our system as a potential customer, We retain Your personal data for as long as You are in such a position in the company You represent to which our marketed product or service is related, provided that you have not prohibited direct marketing. In such case information on the prohibition of direct marketing can be retained in the identified System.
• Your personal data may be retained for longer if applicable legislation or our contractual obligations towards third parties require a longer retention period.

After this period, your personal data will be irreversibly destroyed. Any personal data held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive this information.

15.  Your Rights in Relation to the Processing of Personal Data

As a data subject You have the right, at any time, to object to the processing of your personal data for direct marketing purposes.

In addition, You have the right to, according to applicable data protection legislation, at any time:

• be informed about whether We process Your personal data
• obtain access to data relating to You and review Your personal data We process
• require rectification and completion or erasure of inaccurate and incorrect personal data
• withdraw Your consent and object to the processing of Your personal data in so far as the processing of Your personal data is based on your consent
• object to the processing of Your personal data on grounds relating to Your particular situation
• obtain a restriction of processing of Your personal data

You should present Your request for exercising any of the aforementioned rights in the manner described in the ‘Contacts’ Section of this document. We may ask You to specify Your request in writing and to verify Your identity before processing the request. We may refuse to fulfill your request on grounds set out in applicable data protection legislation.

You also have the right to lodge a complaint with the supervisory authority concerned or with the supervisory authority of the country or EU member state of your habitual residence or place of work, if You consider that We have not processed Your personal data in accordance with applicable data protection legislation.

16.  Principles of Data Security

We respect the confidentiality of Your personal data.

Your personal data are protected and stored in Our systems and are accessible only to such of Our employees and other persons who need to know the personal data within their tasks such as Our marketing personnel. Such persons have personal (unique) user credentials and passwords.

We keep Our systems appropriately up-to-date and use reputable providers of anti-virus software. If you have any questions about the security of your personal information, you can contact the Data Protection Officer at: dataprotectionofficer@labvantage.com.

17.  Information on Cookies and Similar Technologies

We automatically gather server log file information when you visit our websites. This includes IP address, browser type, referring and exit web pages, and your operating system.

We and our service providers use technologies on www.labvantage.com to collect information that helps us improve the quality of www.labvantage.com [our site] and the online experience of our visitors and users.  In this Privacy Notice, we refer to these technologies, which include cookies–small text files stored on your computer or mobile device to remember your actions or preferences over time – and similar technologies from third party providers, collectively as “cookies.”

A “cookie” is a commonly used small text file that the internet browser installs on your computer or other terminal when you visit a website. The browser sends information on your visit back to the website when you revisit it. All contemporary websites use cookies in order to offer you a more personal browsing experience.

Each cookie is separately installed on each terminal You use and cookies can be read only by the server that installed the cookie. Because the cookie is bound to the browser and is not distributable between separate browsers or terminals in general (unless a browser, plugin, or other application separately enable this), Your choices relating to the management of cookies are applicable only to each separate browser. A cookie cannot control software, and it cannot be used as a medium for viruses or other malware, nor to harm Your terminal of files. Users can control the use of cookies at the individual browser level. A single user cannot be identified solely through the use of cookies or similar technologies.

We [and service providers on our behalf] use cookies and similar technologies to:

• deliver advertisements that we believe are more relevant to your interests
• keep track of how many visitors click on an advertisement
• limit the number of times you see a certain ad
• to detect and combat fraud
• to infer preferences based on how you interact with our www.labvantage.com
• to gather information about our userbase as a whole
• to monitor and provide analytics about the performance, trends, and operation of [our website, mobile application, or services]
• to enable you to use and access our website, mobile application, or services
• to better understand how our users interact with our website, application, or services
• to store and honor your preferences and settings

Behavioral Targeting / Re-Targeting

We may partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third-party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests.

If you wish to opt out of interest-based advertising, use this link to the NAI opt-out mechanism: http://www.networkadvertising.org/managing/opt_out.asp.

If located in the European Union, please use the EDAA opt-out tool: http://www.youronlinechoices.eu/.

Please note, you will continue to receive generic ads.

18.  Links to Third Party Websites

Our website includes links to other websites whose privacy practices may differ from those of LabVantage Solutions. If you submit personal information to any of those websites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.