Terms of Use
Last updated: December 23th, 2021
This website [https://www.wampole.ca/ or https://www.wampole.ca/fr/] (the “Website”) was developed as a service provided by Wampole and is run by and is the exclusive property of Wampole. By accessing Services (as defined below) or browsing this Website, you recognize and agree to be bound by and to abide by the following terms and conditions, the Wampole Privacy Policy, and by all applicable laws, statutes, and/or regulations (the “Terms of Use”).
These Terms of Use govern your use of the Wampole’s services including the purchase of its products, services, registration for a contest, and all other information stored on and made available through the Website (collectively “Services”). The Services are offered by Wampole and administered by a third-party service provider (the “Service Provider”).
By accessing or using the Services or this Website, you agree on your own behalf, and on behalf of any person on whose behalf you may act, to accept and abide by the Terms of Use. Your acceptance of the foregoing is made without limitation, restriction or qualification. If you do not agree with any of the terms and conditions contained herein, please do not use the Services or this Website and disregard the information provided through or contained therein.
Wampole may revise the Terms of Use from time to time without further notice by updating this posting. It is your responsibility to determine whether any changes have been made by checking the date of the “Last Update” at the top of this document as the then-current version of the Terms of Use shall apply to that visit. Wampole disclaims any responsibility to update such information.
Wampole also reserves the right to correct any errors or omissions in any portion of this Website at any time without notice, but it has no duty to do so. Wampole may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue the Services and this Website, including removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all Services or features on, or links to, this Website. Wampole also reserves the right to change the Service Provider at any time and without notice.
Wampole and its service providers will also have the right to terminate your use of the Services and this Website if you are in breach of the Terms of Use. You may not use the Services or this Website in any matter that is illegal or that infringes upon the legal rights of any person.
The Services and this Website are intended for Canadian audiences only. Your access or use of the Services or this Website indicates your acceptance of the then-current Terms of Use.
User Conduct
You understand that the Services are available for your use only. You agree to use the Services and this Website in accordance with these Terms of Use. You represent, warrant and covenant that no materials of any kind submitted to Wampole through your registration or otherwise violates, will violate, infringes, or will infringe upon the rights of any third party, including copyright, trademarks, privacy rights, publicity rights or other personal or proprietary rights and/or contains libelous, defamatory or otherwise unlawful material.
You agree that you will only use the Website for the purposes of accessing Services from Wampole. You also agree not to (i) use the content provided in conjunction with the Services or on this Website in any manner that could damage, disable, overburden or impair the program; (ii) modify the content of this Website or any part of the Service or use any of them for any commercial purpose, or any public display, performance, sale or rental; (iii) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from content provided in conjunction with the Services or on this Website; (iv) post or make available personal or private information of any other person; (v) decompile, reverse engineer, disassemble or make derivative works of this Website; (vi) post or make available through the Website any material that contains software viruses, worms, or any other computer code designed to interrupt, disable, destroy or limit the functionality of Wampole or any other person; or (vii) transfer, sublicense, or grant access to the Service to another person or entity in any manner inconsistent with these Terms of Use; and/or (viii) permit or allow any unauthorized copying of content or other information provided in conjunction with the Services or on this Website.
Disclaimer of Warranties and Limitation of Liability
Wampole, including its directors, officers, employees, representatives, agents, and affiliates, makes no representation and disclaims all express and implied warranties and conditions, including, but not limited to, accuracy, timeliness, completeness, non-infringement, merchantability or fitness for any purpose, and Wampole assumes no responsibility to any viewer or third party for the consequences of any errors or omissions. By accessing the Services or this Website, you expressly recognize and agree that all material or information is provided on an “AS IS” basis without any warranties of any kind. To the extent that the jurisdiction to which you are subject to does not allow the exclusion of certain warranties, such exclusions shall not apply.
BY ACCESSING THE SERVICES OR WEBSITE OR ANY SITE LINKED TO IT, YOU EXPRESSLY RECOGNIZE THAT WAMPOLE SHALL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF USER’S ACCESS, USE OR INABILITY TO USE THE SERVICES OR WEBSITE OR ANY SITE LINKED TO IT, OR ANY ERRORS OR OMISSIONS IN THE CONTEXT THEREOF, OR ANY OTHER CAUSE AND EVEN IF CAUSED BY WAMPOLE’S NEGLIGENCE, OR IF WAMPOLE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR BOTH. You expressly recognize that your sole and exclusive remedy is to cease using and accessing this Website and the Services. Should the jurisdiction to which you are subject to disallow any part of such limitation, then such part will not apply.
Confidentiality
Your privacy and the security of your personal information are important to Wampole. The Wampole Privacy Policy explains how it collects and uses certain information that you supply to it through this Website or otherwise.
Medical Information
The content provided in conjunction with the Services or on this Website does not, and is not intended to, provide, replace or substitute the advice of your physician or other qualified healthcare professional, nor does it provide instruction on the appropriate use of any product produced or supplied by Wampole. Information regarding any product(s) approved for marketing is qualified in its entirety by reference to the Health Canada-approved full prescribing information for the specific product(s). You should be aware that any product(s) described as being under development have not been found safe or effective by any regulatory agency and are not approved for any use outside of clinical trials, unless so stated.
You should speak to your own physician or other qualified healthcare professional. No information contained provided in conjunction with the Services or on this Website should be construed as replacing your physician’s or other qualified healthcare professional’s advice.
Intellectual Property: Copyrights & Trademarks
This Website and its content and other content provided to you through this Website, including any images or text, is protected by copyright. In consideration for your agreement to the Terms of Use, Wampole grants you a personal, non-exclusive, non-transferable license to access and use this Website and other material provided. Your access and use of material is limited only to personal, non-commercial use, and may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without express written consent from Wampole.
The Wampole company name and logo, and all product names are trademarks of Wampole, or as applicable, its licensors or joint venture partners, unless otherwise noted. Copying, use, or redistribution of these trademarks without the written permission of Wampole is prohibited.
Except as permitted herein, any other use or misuse of the Wampole trademarks, copyrights, or other materials is expressly prohibited and may be in violation of copyright law, trademark law, communications law, and other laws, statutes, and/or regulations.
Links
This Website may include links to websites maintained or controlled by others. Those links and references are provided for your convenience only. Wampole assumes no responsibility for any such other websites, or for the information or material posted thereon, nor does it assume any responsibility for products or services offered thereon. Your linking to a third-party website is entirely at your own risk and subject to the terms and conditions of such websites.
Unless you have been expressly authorized to in writing by Wampole, you may not create links from other websites to this Website.
Interruptions, Errors, and Viruses
Wampole does not represent or warrant that the information accessed through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components and that no damage may be caused to your computer system as a result thereof, or that any such problems which are discovered will be corrected immediately.
Reservation of Rights
Wampole reserves all of its rights and recourses which are not expressly set out herein. Nothing contained in these Terms of Use shall be interpreted as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Wampole or any other person or entity.
Governing Law
The Terms of Use shall by construed in the Province of Québec and the applicable laws of Canada, without regard to the conflict of laws principles thereof.
Any dispute between you and Wampole or any other person arising from, in connection with or relating to the Services, this Website, the Terms of Use, any activity in relation to the Services, this Website or any related matter must be resolved before the Courts of the Province of Québec, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
Severability
If any court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect.
Changes to Terms
Wampole may from time to time and without notice, modify and/or otherwise update these Terms of Use. You expressly agree to be bound by such terms as are in effect at each time at which you access the Services or this Website. Your continued access and use of the Services or this Website confirms your acceptance of the Terms of Use as modified.
How to Contact Us:
Wampole
Attention: Legal Department
1310, rue Nobel
Boucherville, QC J4B 5H3
Telephone: 1-855-449-6222
Email: info@wampole.ca
The Wampole privacy policy
Last updated: December 23th, 2021
We Value Your Privacy
Wampole recognizes that your privacy is very important to you and is committed to maintaining the accuracy, confidentiality, and security of your “Personal Information”.
“Personal Information” is any information that is identifiable to you, as an individual. This information may include but is not limited to your name, contact information, mailing address, date of birth, medical information, type and size of products, current and previous product usage information, health care provider information (including your applicable account information with such health care providers), and Wampole usernames and passwords, and any information provided by you about your use of our website and products.
Personal Information will only be collected and retained for legitimate purposes. It will be necessary to collect and use Personal Information about our customers when they view our website “https://www.wampole.ca/ or https://www.wampole.ca/fr/” (the “Website”) or when providing our services.
Scope
This Privacy Policy is designed to help you understand the types of information that we collect in connection with the Website and our services, how we use and share the information, and how the information is protected with procedures that meet or exceed all Federal and Provincial requirements. This Privacy Policy also details the purposes for which we use that data, and your choices regarding the use and distribution of your data.
Wampole shall not collect, use, or disclose any Personal Information about you without your knowledge and consent, except as herein provided or as may be specifically permitted or required by applicable law. By accessing the Website, you consent to the terms and conditions of this Privacy Policy, including the data collection and use practices described herein.
We will not share your Personal Information with third parties except as otherwise stated in this Privacy Policy.
Collection and Use of Personal Information
The collection, use, and/or disclosure of Personal Information is essential to the conduct of many of Wampole’s business functions. Wampole collects and uses Personal Information in a lawful manner and only when it is reasonably necessary to do so for the provision of requested services, products, or information or as may be required or permitted by applicable laws. This information is generally provided voluntarily by you in purchasing our products, applying for our services, registering for a contest, viewing or sharing information on the Website.
Whenever Wampole requests Personal Information from you, we will explain the purposes for which that Personal Information is required. The collected Personal Information will be used only for the stated purpose, a requisite ancillary purpose, or for such other purposes to which you may later consent. You should not provide Wampole with any Personal Information that is not specifically requested.
Rights to opt-in/out
Wampole may disclose, subject to applicable laws and regulations, Personal Information without an individual’s consent (opt-in) to agents which assist Wampole with its business activities. Our agents include any third party that collects and/or uses Personal Information under the instructions of Wampole, or to which Wampole discloses Personal Information for use on its behalf. Wampole requires such agents to keep Personal Information confidential and to use and/or disclose Personal Information solely to perform functions for Wampole and in accordance with its instructions and this Privacy Policy.
In accordance with applicable law, and as appropriate, Wampole will offer individuals the opportunity to choose (opt-in/out) whether their Personal Information is to be (a) disclosed to a non-agent third party, or (b) used for a purpose other than that for which it was originally collected, authorized and/or consented to by the individual. However, Wampole may be prevented from providing certain services to individuals who do not consent to the use, access, or disclosure of their Personal Information.
If an individual is asked to provide sensitive Personal Information, such as economic or financial information, Wampole will, in accordance with applicable law, give individuals the opportunity to affirmatively and explicitly authorize or consent (opt-in) to the disclosure of their sensitive Personal Information to a non-agent third party or the use of their sensitive Personal Information for a purpose other than the purpose for which it was originally collected and/or authorized or consented to by the individual.
Metadata and cookies
Some Personal Information may be collected automatically upon your visit to the Website, in a form known as “Metadata”. This Metadata may include, without limitation, the following information about your visit to the Website: the materials you accessed and viewed, and links that you clicked. Wampole may also obtain certain standard Metadata such as your Internet Protocol (IP) address, your browser type, the date and time you access the Website, or if you access the Website through a mobile device, your device type and identifier.
Cookies from this Website may also collect non-personal information. Cookies are small amounts of data stored directly on the device you are using. Cookies allow us to collect Personal Information such as browser type, time spent on the Website, pages visited, and language preferences. Wampole and our service providers may use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Website. A cookie will not collect any information that is not otherwise provided to us. Cookies allow a website to identify repeat visitors through an ID number cached in that computer. Cookies can be disabled or cleared using the tools of any web browser.
How we use your personal information
Without limiting the generality of any of the foregoing, Wampole may use your Personal Information as set out in this Privacy Policy.
When you register for the Website, Wampole collects and retains Personal Information such as your name and contact information. Wampole will use this information to confirm your registration status and to maintain your account.
Personal Information, including credit card or other financial information, is collected when you purchase a product or service or when you register for a contest. Wampole will use this information as reasonably necessary to process the transaction.
Wampole may seek your consent to use your contact information to provide newsletters, bulletins, or other similar communications.
Wampole may also retain and use Personal Information you have provided to develop and improve its product services and offerings and may de-identify your Personal Information and use it for reporting, publication and/or promotional purposes.
Disclosure of personal information
Access to Personal Information is limited to Wampole employees on a “need-to-know” basis or where their duties reasonably require such information, agents with whom Wampole contracts to carry out business activities for Wampole, and, to the extent applicable, certain companies with which Wampole may conduct joint programs. Wampole trains its employees about the importance of privacy and how to handle and manage Personal Information appropriately to protect its security.
We may need to disclose your Personal Information to our subsidiaries and affiliates, certain third-party agents, service providers, or professional advisors, in carrying out the requested services or as necessary for completing the otherwise permitted uses of Personal Information only to the extent that may be reasonably expected to deliver the services or improve the provision of the services. In such circumstances, Wampole shall ensure that any such parties having access to your Personal Information have appropriate safeguards in place to reasonably ensure the protection of your Personal Information and shall be prohibited from using your Personal Information for any other purpose. Personal Information handled by any such parties is governed by this Privacy Policy and applicable privacy or data protection legislation.
For example, Wampole will require contractual obligations that the third-party agents provide at least the same level of protection as is required by this Privacy Policy. Where Wampole has direct knowledge that a third-party agent is using, accessing, or disclosing Personal Information in a manner contrary to this Privacy Policy, we will take steps to prevent or stop the use, access, or disclosure, in accordance with applicable law.
In addition, Wampole may send Personal Information outside of the country for the purposes set out above, including for process and storage by service providers in connection with such purposes. However, to the extent that any Personal Information is out of the country, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
Wampole may disclose Personal Information if required to do so by law enforcement officials, regulatory bodies, or government agencies to comply with any legal requirements or legal processes. Wampole may also disclose Personal Information to protect and defend our legal rights or against legal claims or in connection with an emergency that warrants use or disclosure of the information or to protect the personal safety of an individual, in other circumstances for public security or for other public interest purposes.
Wampole may also be required to, subject to applicable law, use and/or disclose Personal Information, in connection with a contemplated or actual reorganization of its business, when seeking financing or in connection with an assignment, sale, or other transaction involving the disposal of all or part of its business or assets, for example, to allow third parties to conduct due diligence so as to determine whether a transaction should proceed and on completion of the transaction. In any assignment or sale, the assignee or purchaser may use and/or disclose Personal Information collected by Wampole for substantially the same purposes and subject to the same safeguards, as described in this Privacy Policy.
No third-party direct marketing use
Wampole shall not sell or otherwise disclose Personal Information to third parties for their own direct marketing use, commercial, or other reasons, except as may be specifically required to comply with applicable laws, or upon providing clear notice to you and obtaining your explicit consent for your Personal Information to be shared in this manner or for any purpose other than those for which it was explicitly or implicitly given.
Integrity of personal information
Wampole will use Personal Information only in ways that are compatible with the purposes for which it was collected and/or consented to by the individual. Wampole will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current. Wampole will only store Personal Information for as long as it is needed to fulfill the purposes for which it was collected and as permitted or required by law.
Security of information and retention
At all times, Wampole employs reasonable physical organizational, technical and administrative measures to protect your Personal Information. Access is limited to authorized personnel who are appropriately trained to handle Personal Information. However, you acknowledge that the security of any data transmission over the Internet or data storage systems cannot be guaranteed.
Wampole will not retain any Personal Information, except as may be required by any Federal or Provincial record keeping requirements, longer than is necessary to fulfill the purpose(s) for which the Personal Information was provided. Once your Personal Information is no longer required to fulfill the stated purpose or to comply with applicable laws, it will be either destroyed or converted into a form that prevents an individual from being identified.
Compliance review
Wampole will conduct periodic compliance audits of its relevant privacy practices to verify adherence to this Privacy Policy.
Disclaimer of warranties and liability
You expressly understand and agree that Wampole shall not be liable for, and expressly release Wampole, its affiliates and their respective officers, directors, employees and agents from any liability whatsoever for, any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses (even if Wampole has been advised of the possibility of such damages) resulting from or arising in connection with: (i) the collection, use or disclosure of your Personal Information; or (ii) any matter otherwise related to the Personal Information provided to us by you and/or via your use of the Website.
This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or web property (including, without limitation, any application) that is available through the Website or to which the Website contains a link.
Updates
This Privacy Policy may be updated from time to time. Commercially reasonable efforts will be made to notify you of any substantial changes to the terms of the Privacy Policy. For example, we shall revise the “last updated” date at the top of the webpage on which this Privacy Policy is posted.
Questions and enquiries
You may direct any questions or enquiries with respect to this Privacy Policy or about our practices by contacting:
Wampole
Attention: Privacy Officer
1310 Rue Nobel,
Boucherville, QC J4B 5H3
Telephone: 1-877-444-9808
Email: info@wampole.ca
Any complaints received regarding Wampole’s use, or handling of Personal Information will be investigated within a reasonably timeframe. Upon concluding the investigation, the Privacy Officer will respond to the complaint and, if necessary, Wampole will take the appropriate measures to rectify the situation and maintain compliance with applicable law.
Should you wish to access your Personal Information that is held be us, you are entitled, with certain legal restrictions, to do so. Such legal restrictions include, without limitation, if providing access to the Personal Information would impede a criminal investigation or result in the disclosure of other protected information. Upon receiving any such request for access, we shall respond within a reasonable timeframe and shall either provide access to the Personal Information and/or, if permissible, explain why access is denied if any Personal Information cannot be provided. Requests for access to Personal Information should be made to the Privacy Officer as set out above.
In addition, Wampole will, to the extent required by applicable law, permit you to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, subject to certain exceptions.
You may revoke (opt-out) at any time, to the extent permitted by applicable law, your consent and/or authorization to use and/or share your Personal Information. All requests to revoke or amend consent should be in writing to Wampole as directed above.
