Privacy & Terms | Avenova

This privacy policy discloses the privacy practices for avenova.com. This privacy policy applies solely to information collected by this web site.

DISCLAIMER

The content on this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment and it is for informational purposes only.

If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site. IF YOU HAVE AN EMERGENCY, CALL 9-1-1.

Privacy Personal Information

Your privacy is important to us. NovaBay Pharmaceuticals, Inc. and avenova.com recognize and respect the privacy rights of individuals with regards to their personal data. This Privacy Policy (“Policy”) explains what type of personal data we may collect from you and how we use it. All Users are bound to the terms of this Policy and to any specific terms of use associated with the applicable Service. Your use of avenova.com services means you consent to the collection, use and disclosure of your personal data as described in this Policy.

If you have any questions concerning avenova.com privacy practices or wish to access or correct personal data that this website has collected from you, please contact us.

From time to time, various pages on this site will request personal information, e.g. your email address, or name, to subscribe to our mailing list. All personal information is gathered with your specific (opt-in) permission and knowledge. We will use your information to respond to you, regarding the reason you contacted us.  We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to answer a question or send you additional information.

Information Gathered on this Site Will Not be Shared

Under no circumstances will information gathered on this site be shared, traded or sold to any other company. It is for the sole use ofNovaBay Pharmaceuticals, Inc. and avenova.com.

Information We May Collect

  • Name and contact data: We may collect your name, postal address, email address, telephone number and other similar contact data.
  • Demographic data: We may collect data about you such as your age, gender, country of origin or residence, and preferred language.
  • Usage data: We may collect data about how you and your device interact with our Services, such as time spent on a site, which pages you have visited, time to accomplish a task etc.).
  • Relationship and interaction data: We may collect data about our interactions, such as when you contact us for information and support
  • Location data: We may collect data about your location, which can be either precise or imprecise. Precise data includes geolocation data. Imprecise location data includes, for example, a location derived from your IP address or data that indicates where you are located with less precision, such as at a city or postcode level.
  • Health-related data: We may collect data related to your eye health and other health related information.
  • Professional data: We may collect data related your practice or profession and information regarding your business needs and all other personally identifiable information you provide to us.
  • Legally Required Information: We may collect additional data about you that is related to patient safety and adverse events, or that may be required by laws that apply to Avenova.

Failing to provide required information may prevent you from completing certain transactions, but it will not affect your ability to use our site.

Cookies

We use cookies (small text files placed on your device) and similar technologies, directly or through third parties, to provide our Services and help collect data.  This data allows avenova.com to, among other things, store your preferences and settings, enable you to use websites or applications, provide interest-based advertising, combat fraud, and analyze how our services are performing.

You have a variety of tools to control cookies and similar technologies, including browser controls to block and delete cookies. Please look at your particular browser for instructions on these functions. You may also wish to refer tohttps://www.allaboutcookies.org/manage-cookies/index.html.

Your browser settings and other tools to control cookies and similar technologies may impact your experience with our services.

We use various types of cookies, as well as similar technologies such as Local Shared Objects (or “Flash Cookies”) and web beacons (also called single-pixel tags) to identify your IP address, browser type, device characteristics, domain name, referring URLs and specific links and web pages through which you click. This data is collected automatically and is used for purposes as mentioned above. This technology also allows us to recognize you when you return to this site and to provide you with a customized experience that we feel will be of value to you.

To ensure that we give you the best experience on our website. If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on the Avenova website. However, if you would like to, you can change your cookie settings at any time.  Usage of a cookie is in no way linked to any personally identifiable information on our site.

Social Networks 

Generally, social networks are interactive tools that enable you to collaborate and share information. Avenova.com may collect certain personal data from you to enable you to use online social network features. NovaBay Pharmaceuticals, Inc. or avenova.com may also use these tools to post or share personal data with others. When using social networks, you should be very vigilant about what personal data you choose to share with others. NovaBay Pharmaceuticals, Inc. or avenova.com provides notices and choices about how personal data is collected, used and disclosed on its website, social networks and other services.

Other parties posting information about NovaBay Pharmaceuticals, Inc. or Avenova is their own opinion and it is not endorsed by NovaBay Pharmaceuticals, Inc., Avenova or avenova.com.

 Web Analytics and Statistics

We use web analytics services (e.g. Google Analytics) to collect website analytics. The information generated about website usage (including your shortened IP address) is transmitted to these web analytics services. This information is used to evaluate visitors’ use of the domain, compile statistical reports on website activity, and provide other services related to the site and internet use activity. General statistics about this site are tracked on a regular basis. This is done to determine, as an aggregate, which pages on our site are popular, and which ones need some help. We use this information to continually improve the site and its content, but not to monitor the actions of a specific individual.

Third-Party Services 

This Policy does not address, and NovaBay Pharmaceuticals, Inc. or Avenova.com is not responsible for the terms of use, information or privacy practices of any third parties, including any third party operating any site or service to which our avenova.com links to. The inclusion of a link on the avenova.com does not imply our or our affiliates’ endorsement of the linked site or service.

Please note that we are not responsible for the collection, use and disclosure policies and practices (including the data security practices) of other, non-NovaBay Pharmaceuticals, Inc. or Avenova.com organizations, such as Facebook, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer.  If you choose to share or disclose your personal data to other organizations through, or in connection with our social media pages, you should refer to the privacy policy and terms of use provided by those organizations. NovaBay Pharmaceuticals, Inc. and avenova.com encourage you to review and familiarize yourself with applicable privacy settings and functions of these third-party platforms and applications.

Marketing Automation

Avenova may use marketing automation to identify site visitors and deliver the most relevant version of the site possible. To achieve this goal, we may collect certain personally identifiable data in the following circumstances
• Personal information to contact and establish communication
• Downloads of white papers or articles throughout the site
• Account service and response to questions
• The management of Avenova’s monthly e-newsletter, iHaven
• Compiling and aggregating statistics and analyses about users’ use of the Website, products and services, which statistics are used to enable us to provide better service and products to you and others in the future

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Updates to our Privacy Policy

Our Privacy Policy may change from time to time. Please check this Policy periodically for changes. If we make any changes, the updated Notice will be posted with a revised effective date. We encourage you to periodically review this page for the latest information on our privacy practices.

Your continued use of our Services following the posting of changes to the Notice will mean you accept those changes. All updates will be posted on this page.

Questions & Concerns

If you have any questions or comments concerning Avenova’s Privacy Policy, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter, please use our contact form to send us a message or call 1-800-890-0329.

 

Terms of Policy

  1. Terms and Conditions. These Terms and Conditions govern the sale of the NovaBay Pharmaceuticals, Inc. (“Seller”) Products and Services stated in the Sales Order (“Order”). The Order and these Terms and Conditions constitute the entire agreement between Seller and the entity named in the Order (“Buyer”) and supersede all prior written or oral communications, representations or understandings between the Parties about the Products or Services. These Terms and Conditions take precedence over and cancel any other, different or conflicting terms and conditions of Buyer’s purchase order.
  2. Prices. Product prices do not include fees for crating, insurance or shipping, unless stated otherwise in the Order. Buyer is liable for, and agrees to pay, taxes imposed by any governmental authority on this sale, including sales, use, excise, value-added, withholding or other taxes, duties or fees. Subject to Sections 5 and 6 below, all sales are final.
  3. Payment. Payment shall be by bank wire transfer or other means acceptable to Seller. Seller may charge up to 1.5% interest per month on late payments.
  4. Delivery. Unless otherwise stated in the Order, shipments will be made Ex-Works Seller’s facility. Title and risk will pass in accordance with the agreed upon Incoterms 2010. Seller will use reasonable efforts to deliver the Products in keeping with its estimated ship date, but does not guarantee delivery dates.
  5. Cancellation. Cancellation of orders will be subject to a 20% restocking fee.
  6. Limited Warranty. Seller warrants its Products from the date of shipment to be free from defects in workmanship and material, and in material compliance with all its published product specifications in effect on the date of shipment for a period of thirty (30) days. Seller also warrants its sterile products to be sterile for the period designated on the product label so long as the Product has not been opened or damaged. This express warranty does not cover damage resulting from misuse, neglect, accident, alteration, acts of God or failure to follow the procedures and instructions specified in Seller’s indication for use.
  7. Returns. Products believed to be defective must be shipped to Seller within 30 days of the written claim at Buyer’s expense in accordance with Seller’s Return Policy. Seller will replace or refund any Product reasonably determined to be defective and return the unit via standard shipping at its expense.
  8. Warranty Disclaimer. OTHER THAN AS SET FORTH IN SECTION 6, THE PRODUCT ARE PROVIDED TO BUYER IS ON AN “AS IS” BASIS AND SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
  9. Limited Liability. EXCEPT FOR WILLFUL MISCONDUCT, FRAUD, PERSONAL INJURY OR DEATH, IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR SAVINGS, LOSS OF USE OF ANY PRODUCT, LOSS OF BUSINESS OR OTHER ECONOMIC LOSS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, ARISING OUT OF OR RELATED TO THIS SALES CONTRACT. SELLER’S MAXIMUM LIABILITY TO THE BUYER UNDER THIS SALE SHALL BE LIMITED TO THE PRICE BUYER PAID FOR THE PRODUCTS. BUYER EXPRESSLY AGREES TO THE LIMITS ON SELLER’S LIABILITY IN THIS SECTION AND ACKNOWLEDGES THAT, WITHOUT ITS AGREEMENT TO THESE LIMITATIONS, THE PRICES FOR THE PRODUCTS WOULD BE HIGHER.
  10. U.S. Export Compliance. Buyer agrees not to export or re-export the Products to countries subject to embargoes or other U.S. trade sanctions, nor to prohibited or denied persons or entities, without proper government licenses. For more information, you may go to: https://www.treas.gov/ofac/ and https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern
  11. Force Majeure. Each Party will be entitled to an extension of any obligation, except payment, for delay caused by an event which is beyond its reasonable control and could not by the use of diligence be overcome, including without limitation or interpretation, acts of war (whether declared or not), fire, flood, sabotage, shipwreck, embargo, explosion, labor unrest, strikes, lock-outs, works to rule or go-slows, accident, riot, act of a governmental authority, act of God or natural calamity.
  12. Governing Law/Disputes. These Terms and Conditions and any dispute arising out of or related to this sale will be governed by the laws of the State of California, U.S.A., excluding its conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods. Any dispute that cannot be resolved amicably shall be submitted to binding arbitration with the American Arbitration Association in San Francisco, California.