Legal and Privacy

PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you agree to these terms and conditions. If you do not agree, please exit and disregard the information contained herein.
 

General Information

This site contains information presented by Ferring (Pty) Limited t/a Ferring Pharmaceuticals. (“Ferring”). Please feel free to browse this website. Your access and use of the information contained herein is subject to the following terms and conditions and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms and conditions and acknowledge that they supersede any other agreement between you and Ferring.
 

Medical Information

For advice on medical issues you should always consult your local medical practitioner.
 
While there may be information on this website related to certain medical conditions and their treatment, should a medical condition exist, promptly see your own physician or health provider. Ferring does not offer personalized medical diagnosis or patient-specific treatment advice. Indeed, only your doctor or other healthcare professional can determine if a product described in this website is appropriate for you.
 

Copyright and Restriction on Use of Material (Non-commercial Use)

This website is copyright protected. Any textual or graphic material you copy, print, or download from this website is licensed to you by Ferring and/or its subsidiaries for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.
 

Limitation of Liability

Ferring will use reasonable efforts to include accurate, complete and up-to-date information on this website, but Ferring makes no warranties or representations as to its accuracy, completeness or frequency that it is updated. All users agree that access to this website is at their own risk, and that neither Ferring nor any party involved in creating or delivering this website shall be liable for damages of any kind, including without limitation, any special, direct or indirect, incidental, or consequential or punitive damages (even if Ferring has been advised of the possibility of such damages) arising out of access to, or use of the information contained on this website, or any errors or omissions, misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this website. This limitation includes damages to, or for any viruses that may infect your computer equipment.
 

Disclaimer

Information and related materials are subject to change without notice. This website, and all information and related materials it contains, are provided "as is." Ferring makes no representation or warranty whatsoever regarding the completeness, accuracy, "up-to-dateness", or adequacy of, or the suitability, functionality, availability, or operation of this website or the information or materials it contains. By using this website, you assume the risk that the information and materials on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Ferring specifically disclaims all warranties, expressed or implied, including without limitation, the warranties or merchantability, fitness for a particular purpose, and non-infringement with respect to this website and information, graphics and materials contained herein.
 

Concerning Your Privacy

Access to this website may be monitored by Ferring. If monitored, the requesting URLs, the machine originating the request, and the time of the request, are logged for access statistics and security purposes. Your use and access of this website constitutes your consent to such general monitoring. Please see FERRING PRIVACY POLICY for details on how information from the website may be gathered and used.
 

Trademarks

All Ferring product trade names and logos appearing in this website, as designated with either a trademark symbol or type form that is different from the surrounding text, are trademarks of Ferring B.V. save where indicated otherwise. All third party product or trade names appearing in this website are the property of their respective owners and Ferring does not claim any ownership in them.
 

No License

Except as stated in the Copyright and Restriction on Use of Material section above nothing in this website shall be construed as conferring by implication, estoppel or otherwise, any license or right to use in any form or manner any patent, copyright or trademark of Ferring. Please be advised that Ferring protects its intellectual property rights to the fullest extent of the law. These website usage terms shall be governed by and construed in accordance with applicable laws. If any provision herein is held to be unlawful, void, or for any reason unenforceable, then that provision shall be eliminated or limited to the minimum extent necessary and such elimination or limitation shall not affect the validity and enforceability of any remaining provisions. These website usage terms constitute the entire agreement between Ferring and you relating to the subject matter herein and you agree to indemnify Ferring for any claims or damages resulting from your failure to abide by these terms and conditions.
 
The Ferring website may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures, updating or construction. Ferring cannot predict or control when such downtime may occur and cannot control the duration of or be held liable for any damages resulting from such downtime.
 
Ferring reserves the right to alter or delete material from this website at any time.
 
Ferring may, at any time, revise these Website Usage Terms by updating this posting. You are bound by any such revisions and should, therefore, periodically review these terms to review the then current Usage Terms.
 

Ferring Privacy Policy

 
This privacy policy governs how Ferring and its associated companies, process personal data.
 
Ferring respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or when you use one of our apps and tells you about your privacy rights and how the law protects you. The policy is based on the South African Protection of Personal Information Act, 4 of 2013 (“the Act”), which is closely aligned to the European General Data Protection Regulations (GDPR).
 
 

1. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how Ferring collects and processes your personal data through your use of our website, your use of our Feel + website and My Feel + Wellness Tracker and/or any other apps, or your participation in any patient support programme or event, including any data you may provide when you sign up to our newsletter, purchase a product or engage with us in any similar manner.
This website is not intended for children and we do not knowingly collect data relating to children. If you or your child may have submitted information to us without indicating their actual age, and you would like it removed, please advise us, and we will delete it immediately.
 

RESPONSIBLE PARTY

Under the Act, Ferring is the Responsible Party obliged to care for your personal data (referred to as “Ferring”, “we”, “us” or “our” in this privacy policy).
We have appointed an internal Information Officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
 

CONTACT DETAILS

Ferring Information Officer:  Alan Barrett
E-mail address:  Safety.Mailbox3@ferring.com
 
Route 21 Corporate Park
6 Regency Drive
Irene Ext 30
Gauteng, South Africa
 
P.O.Box 14358
Clubview
0014
South Africa
 
Tel:  +27 12 345 6358/9
Fax:  +27 12 345 1156
 
Customers in South Africa have the right to make a complaint at any time to the Information Regulator (http://www.justice.gov.za/inforeg/index.html) in relation to data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the Information Regulator so please contact us in the first instance.
 

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on 31 May 2018  We may from time to time update this privacy notice to remain compliant with applicable data protection laws so please check back here for updates.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
 

THIRD-PARTY LINKS

This website and our apps may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
 

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender, emergency contact first name and last name.
  • Contact Data includes billing address, delivery address, email address, telephone numbers and emergency contact telephone numbers.
  • Biometric Data includes age, weight, height, gender, medical and dietary information.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
The only Special Category of Personal Data we collect about you is your Biometric Data when you submit this data through one of our apps. We have taken all necessary precautions to ensure adequate levels of protection of this information are in place. We do not collect any information about criminal convictions and offenses.
 
 

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
 

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • Buy or express an interest in our products or on our website;
  • create an account on our website;
  • subscribe to our newsletter;
  • using our apps or any website;
  • request that we send marketing materials to you;
  • participate in a  promotion or survey;
  • take part in a Ferring event;
  • submit a product review;
  • speak to customer services.
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy below.
 

4. HOW WE USE COOKIES

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
For more detailed information on how we use cookies, please review our Cookie Policy.
 

5. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where we have your consent.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.
You have the right to withdraw consent to marketing at any time by unsubscribing via the link provided with each marketing email we send to you or by contacting us on Safety.Mailbox3@ferring.com 
 

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
 

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

Identity

Contact

Performance of a contract with you

Manage payments, fees and charges

Collect and recover money owed to us

Identity

Contact

Financial

Transaction

Marketing and Communications

Performance of a contract with you

Necessary for our legitimate interests

To provide you with analytical information about your medical condition  through the use of our apps

Identity

Biometric data

Performance of a contract with you

Consent

To manage our relationship with you which will include:

Notifying you about changes to our terms or privacy notice

Asking you to leave a review or take a survey

Identity

Contact

Profile

Marketing and Communications

Performance of a contract with you

Necessary to comply with a legal obligation

Necessary for our legitimate interests (to

keep our records updated and to study how customers use our products/services)

To enable you to partake in an event, participate in research, or complete a survey

Identity

Contact

Profile, Biometric

Usage

Marketing and Communications

Performance of a contract with you

Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

Consent

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

Identity

Contact

Technical

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

Necessary to comply with a legal obligation

To deliver relevant website or app content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

Identity

Contact

Profile

Usage

Marketing and Communications

Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To manage our after-sales relationship with you, including:

Assisting you with product adverse reaction issues

Contacting you in relation to a product recall

Identity

Contact

Profile

Transaction

Performance of a contract with you

Necessary to comply with a legal obligation

Necessary for our legitimate interests (to keep our records updated)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

Technical

Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about products  or services that may be of interest to you

Identity

Contact

Technical

Usage

Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

Consent

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
 

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (this is “marketing”).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing. You will also receive marketing communications from us if you have provided us with your details when you entered a competition or registered for a promotion and gave us your consent as part of that process.
 

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any other company for marketing purposes.
 

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us.
Opting out of marketing messages will not prevent you from receiving non-marketing messages from us, for example relating to products ordered from us, responses to customer service queries etc.
 

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
 

6. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
External Third Parties as set out in the Glossary and below:
  • We use third party service providers to help us to administer certain activities on our behalf, such as fulfilling purchases and shipping products, processing credit card payments, sending emails, providing advertisements, analysing usage of our websites and apps, tracking effectiveness of our marketing campaigns, and allowing users to connect to their social network. We may share Personal Information about you with such third party service providers to the extent necessary for the sole purpose of enabling them to perform services on our behalf.
  • Here are examples of third-party service providers we use:
  • Email Providers: Services are used to assist Ferring in sending emails, consistent with applicable laws and the choices available to you under our privacy settings center
  • Analytics Services: We use third-party service providers to help us better understand usage of our products and mobile apps, and for related purposes. The third parties we currently use to provide such analytics and related services are described under our Cookie Policy.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
 

7. INTERNATIONAL TRANSFERS

Some of our external third parties are based in the USA, outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the European Economic Area (EEA).
 

8. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
 

9. DATA RETENTION

OPTING OUT

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for five years after they cease being customers for tax purposes. We also keep this basic information about our customers for five years following your most recent purchase from us or to enable us to deal efficiently with any after-sales queries that you may have. We keep customer profile information that you have indicated you are happy for us to have in order to keep you up to date regarding our products, services and events and will keep this information until such time as you indicate you no longer wish us to keep this data, or for seven years following your most recent active interaction with us (e.g. clicking a link on an email we send you, taking you to our site), whichever of these two is shorter. We keep biometric customer data until such time as you no longer wish us to keep this data by deleting your account or up to a maximum of seven years from your last interaction with Ferring in relation to the data.
In some circumstances you can ask us to delete your data: see [Request erasure] below for further information.
In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
 

10. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
  • Request access to your personal data
  • Request correction of your personal data
  • Request erasure of your personal data
  • Object to processing of your personal data
  • Request restriction of processing your personal data
  • Right to opt-out of automated profiling of your personal data
  • Request transfer of your personal data
  • Right to withdraw consent
If you wish to exercise any of the rights set out above, please contact us.
 

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
 

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
 

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
 

11. GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. 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 for our legitimate interests. 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Consent means you have explicitly given us permission to process your personal data. In such circumstances we will have asked you a specific question and you will have entered information or ticked a tick-box to indicate your consent.
 

THIRD PARTIES

External third parties include:
 

YOUR LEGAL RIGHTS

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
 
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
 
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
 
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
 
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. In such circumstances we may reserve the right to delete your personal data rather than hold it but restrict processing, where our processes are not set up to enable a restriction.
 
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
 
Request to opt out of automated profiling of your personal data. You have the legal right to opt-out of any automated profiling of your personal data that could have a legal consequence for you, and have a human being involved in the processing decision rather than it being automated. The only profiling of this type that we undertake is in our marketing activities, in which we tailor our marketing communications to your transactional history and product preferences. If you wish to opt-out of this automated profiling please contact us, though please be aware that our systems are not configured to send un-tailored marketing communications to you, so in practice opting out of automated profiling will result in you being opted out of receiving marketing communications from us.
 
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
 
 

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