These Terms and Conditions apply to the Baxter Sharesource Web Portal (hereinafter: "Sharesource Platform"). Please read them carefully before using the Sharesource Platform. By accepting these Terms and Conditions you confirm that they constitute a legally binding agreement between you and Baxter that governs your use of the Sharesource Platform.
Statements in this Terms and Conditions marked with "*" only apply if and to the extent admissible and applicable in your jurisdiction.
On this page:
1. Provider of the Sharesource Platform
2. Permissible use of the Sharesource Platform
3. Functions of the Sharesource Platform
4. Materials accessible through the Sharesource Platform
5. Rights in Materials
6. Providing Information to third parties
7. User communications and Records
8. Protection of your account and information
9. Links to other websites
12. Termination of accounts
14. Changes to these Terms and Conditions
15. Electronic Signature Feature and Esign Mobile Application
16. Applicable Law
18. Questions, Comments and Notice
1. Provider of the Sharesource Platform
This Sharesource Platform is provided to you by the local Baxter entity that is responsible for providing the Sharesource service in your jurisdiction (visit www.sharesource.com to find the identity and contact information of the relevant Baxter entity) together with its affiliates, successors, assignors and subcontractors (in certain countries the local Baxter entity that is responsible for providing the Sharesource service cooperates with distributors) as described in these Terms and Conditions (together hereinafter: "Baxter", "We", "Our", or "Us"). You can look up the name and address of the local Baxter entity by clicking the "Contact Us" link in the footer of the site. The Sharesource Platform is owned and operated on behalf of Baxter by Baxter Healthcare Corporation, One Baxter Parkway, Deerfield, Illinois 60015-4625, United States.
2. Permissible use of the Sharesource Platform
You agree to seek user access rights to, and to use, cause, or permit the use of, the Sharesource Platform for lawful and ethical purposes, and in accordance with Baxter's design and authorized functions only. You agree and will be responsible* to determine the scope of lawful and ethical use in accordance with your own professional credentials, applicable law, and any other applicable obligations or restrictions. Baxter makes no warranties or guarantees as to the identity or professional credentials of users utilizing the Sharesource Platform.
For the clinic portal of the Sharesource Platform (hereinafter: "Sharesource Clinic Web Portal") only, a site administrator for each clinic is designated by the clinic and activated by Baxter who is responsible for providing individual user access rights and shall do so in accordance with each user's role and applicable law.
Sending unsolicited advertising, viruses, or other illegal or harmful data is prohibited.
3. Functions of the Sharesource Platform
The Sharesource Platform provides services to both (i) medical practitioners or other qualified healthcare professionals, who are part of the care-providing team and/or responsible for the treatment of a patient, including the patient's physician or clinic, the patient's pharmacy and laboratory services provider(s) as well as their staffs, and other health care providers involved in the patient's care (hereinafter: "Care-providing Team") and (ii) patients/home dialysis users. To meet the needs of these different user groups, the Sharesource Platform contains two subdivisions with different functions: the Sharesource Clinic Web Portal and the patient portal of the Sharesource Platform (hereinafter: "Sharesource Patient Web Portal"). If you are a member of the Care-providing team, then the Sharesource Clinic Web Portal will allow you, among other things, to prescribe* Baxter's Home Dialysis Devices (hereinafter: "Device") and related products and follow up on the treatment of your home dialysis users. If you are a patient/home dialysis user, then the Sharesource Patient Web Portal will allow you, among other things, to order supplies for your Device to the extent and under the condition that direct orders and patient supplies of Baxter products are permissible.
The Sharesource Platform is not an emergency notification tool. Contact your designated emergency number immediately should a serious or life-threatening event occur. Moreover, the Sharesource Platform does not provide, and is not a substitute or replacement for, medical advice or judgment.
Baxter makes reasonable efforts to ensure that the Sharesource Platform functions properly and in a timely manner. However, We cannot and do not warrant that the Sharesource Platform or any of its functions will be available, in an uninterrupted or error free manner. Baxter frequently updates the Sharesource Platform and the Sharesource Platform may be temporarily unavailable for scheduled or unscheduled maintenance by Baxter or third party suppliers, or for other causes beyond Baxter's reasonable control.
4. Materials accessible through the Sharesource Platform
The Sharesource Platform and any materials in the Sharesource Platform, or available through the Sharesource Platform, including all information, text, graphics, images, hyperlinks, illustrations, designs, icons, photographs, documents, logos, sounds, layouts, software, services and written and other contents (collectively hereinafter: "Materials") are provided on an "as is" and "when available" basis. While Baxter Healthcare Corporation as the provider of the Sharesource Platform has endeavored to upload and display information and Materials that are free of virus or destructive computer codes, ultimately you are responsible for taking all precautions necessary to ensure that any Material you may obtain from the Sharesource Platform is free of viruses and any other potentially destructive computer code.
In determining to publish Material on the Sharesource Platform, We have consulted sources that We believe to be reliable. However, due to the possibility of errors, We cannot and do not represent or warrant that such Material is complete or accurate in whole or in part, and We do not assume any duty to update such Material subsequent to the date of its publication. Accordingly, Baxter (including its editors and licensors) make no representations and warranties of any kind (especially as regards warranties for latent or hidden defects), whether express or implied, regarding the Sharesource Platform and the Materials and waive any such representations and warranties, including without limitation in relation to (i) the accuracy, reliability, veracity, completeness, or suitability of the Materials as a basis for medical decisions, (ii) the results obtained using the Materials and the Sharesource Platform, and (iii) the suitability of the Materials, implied warranties of merchantability (for the UK to be understood as "satisfactory quality"), non infringement and fitness for a particular purpose. Materials may not be current and may be superseded by more recent Materials published by Us. We also make no representation or warranty that the information contained in the Sharesource Platform will be timely or error-free.
The Sharesource Platform and the Materials may contain information on medical and health-related topics. Such information is for general educational purposes only. Neither the Sharesource Platform nor any Material provided through it is a substitute or replacement for medical advice or the professional judgment of the members of the Care-providing Team. The Sharesource Platform allows users to securely transmit electronically certain product prescription information to Baxter*. However, the Sharesource Platform is not otherwise intended to be, nor should it be, used for purposes of providing medical treatment or attention or making medical or health-related decisions. If you are seeking medical advice, you must consult a physician or other medical professional. It is the ultimate decision of the healthcare professional within the Care-providing Team to decide which treatment and related products are appropriate for which type of patient. Qualified professionals should pay attention to drug manufacturers' recommendations and claims to establish their judgment.
To the extent permitted under applicable law, the Sharesource Platform may also contain Materials about products, which may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or as a recommendation for any product that is not authorized by the laws and regulations of the country where you reside.
5. Rights in Materials
Baxter and its licensors reserve all copyrights, trademarks, trade dress and/or other intellectual property rights in the Materials. Except as stated herein or as far as it cannot be excluded under applicable law, none of the Materials may be copied, reproduced, distributed, republished, retransmitted, downloaded, displayed, posted, performed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Baxter and its licensors. You also may not, without Baxter's prior express written permission, "mirror" any Material on any other server. Any use of the Materials on any other website or networked computer environment for any purpose is prohibited. Any unauthorized use of any Materials may violate copyright, trademark, and other laws, including but not limited to privacy laws, and may result in severe civil and criminal penalties.
You may use, display, copy, distribute and download the Materials for personal, non-commercial and informational purposes, provided that: (i) both the copyright notice which appears on the Sharesource Platform and this permission notice appear in the Materials, (ii) you do not copy or post the Materials on any network computer or broadcast in any media, and (iii) no modifications of any of the Materials are made. This permission shall terminate automatically without notice if you breach any provision of these Terms and Conditions. Nothing on the Sharesource Platform shall be construed as conferring any other right of use or license under any of Baxter's or any of Baxter's licensors' intellectual property rights. You acknowledge sole responsibility for obtaining any licenses that are required for such other use.
6. Providing Information to third parties
Baxter reserves the right to audit your compliance with the above mentioned notice and consent process and the evidence which you retain thereof, should Baxter deem such audit necessary. In such case, Baxter will provide you with reasonable notice of such an audit.
7. User communications and Records
As a user of the Sharesource Platform, you are responsible for your own communications and are responsible for the consequences of posting those communications. Baxter is entitled to use any such communications in any legal manner without compensation of any kind to you. Baxter does not screen communications in advance and is not responsible for screening or monitoring material posted by users. Baxter reserves the right, but has no obligation, to review material posted to the Sharesource Platform by users and edit or remove such material in its sole discretion.
The Sharesource Platform facilitates secure communication between clinics and Baxter in order to provide online dialysis patient and prescription information management and transmission*. However, the Sharesource Platform is not intended: (i) to be the only means of communication; or (ii) to be the only mechanism used to communicate medical information or directions. Baxter may also post and/or provide information to patients regarding Our products and services via the Sharesource Platform.
Similarly, the treatment log facility provided on this Sharesource Platform is intended to supplement, but not to replace, communication with Us or the Care-providing Team in respect of a treatment plan.
The Sharesource Platform is not intended to replace a medical record and cannot be used to comply with retention obligations regarding medical records, files and documents.
8. Protection of your account and information
You are responsible for maintaining the confidentiality of your user ID and password. You are also responsible for all uses of your user ID and password, including any related charges (for instance, charges related to ordering certain services), whether or not ultimately authorized by you. If you are a user's personal representative, you represent that you have the user's permission to use the Sharesource Platform on his or her behalf. Furthermore, you are also responsible to protect the confidentiality of the information displayed on the screen after you login with your user ID and password. When you are ready to leave the Sharesource Platform, remember to always use the "Log Off" button and then exit your browser, since this will help to protect the confidentiality of the information accessible via your account.
Baxter has taken measures it believes to be appropriate to ensure the security and confidentiality of any information that you provide to this Sharesource Platform. This includes technical security measures (e.g., encryption) that guard against unauthorized access and policies that allow only authorized persons to access your electronic personal data. However, the Internet is not an absolutely secure medium, and is not under Baxter's control. Use of the Internet is solely at your own risk and is subject to applicable laws and regulations.
9. Links to other websites
The Sharesource Platform may contain links to other websites not operated by Us. Such links are provided solely for convenience and do not imply an endorsement, recommendation, or certification of the contents of such other websites by Baxter. Baxter does not review, control, or monitor the materials on such other websites and will not be responsible for the content of any such websites (including, without limitation, those sites that provide links to this Sharesource Platform) and do not make any representations or warranties regarding any other websites or the contents or materials on such websites. We will only remove contents or links after having effective knowledge that they are declared by courts as unlawful or in breach of third party rights or that they are conspicuously inadequate. If you decide to access other websites, you do so solely at your own risk. Your use of these other websites is subject to the terms and conditions and privacy policies of these other websites.
Baxter's liability for losses or damages arising out of or resulting from any claims, demands or actions irrespective of its legal ground (e.g., contract, negligence or otherwise, including for latent/hidden defects), shall be limited as follows:
For damages caused by a breach of a material contractual obligation, Baxter shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract. Baxter shall not be liable for loss of profits, nor for the slightly negligent breach of any applicable duty of care, nor for any indirect or consequential losses (such as but not limited to loss of revenue, business, savings, reputation, goodwill, opportunity, clientele, data and third party's claims), even if Baxter has been advised of the possibility of such damages.
The limitation of liability as set out above shall not apply to any mandatory statutory liability, to damages caused intentionally, by gross negligence, willful misconduct or fraud or liability for personal injuries or death caused by negligence or for any other liability that cannot be excluded as a matter of law.
In addition, such limitations of liability shall not apply if and to the extent Baxter has assumed a specific guarantee.
The user shall be obliged to take adequate measures to avert and reduce damages to the maximum extent possible.
You agree to reimburse, defend, indemnify and hold Baxter and its present and future employees, harmless from, against and in respect of, any and all losses resulting or arising from your use of the Sharesource Platform in culpable breach of these Terms and Conditions or applicable law.
12. Termination of accounts
Baxter and/or the site administrator may terminate your access to any or all parts of the Sharesource Platform and any related service(s) at any time, for cause, with or without notice or without cause with prior notice, for any substantial reason whatsoever without prior intervention of a judge or arbitral body. Baxter reserves the right without explanation, to deny access to anyone who is suspected of unlawful activity, and to report this activity to the proper authorities. Baxter will have no obligation to notify any third parties nor will Baxter be responsible for any damages that may result or arise out of termination of the Sharesource Platform account, except as provided by applicable law. Such termination shall not release the user from any obligations and liability to Baxter with respect to any monthly or transaction fees that became due and owing prior to such termination. The limitation of liability set forth above shall apply to any claim, action or proceeding prosecuted by the customer as a result of Baxter's termination of the Sharesource Platform account.
14. Changes to these Terms and Conditions
Baxter may, from time to time, make changes to these Terms and Conditions. You will be informed of such changes by a notice on the Sharesource Platform and asked to agree to the changes before entering the Sharesource Platform. If you do not accept the changes your right to use the Sharesource Platform and any related service(s) shall be deemed terminated and we may refuse you access to the Sharesource Platform and any related service(s).
15. Electronic Signature Feature and Esign Mobile Application
For users in the U.S. and Mexico only We provide an electronic signature service allowing prescribers to sign prescriptions electronically using the Sharesource Clinic Web Portal and mobile application (hereinafter: "Sharesource Esign Feature") and for which We provide guidance and descriptions in the Sharesource Help or Info tab. When you choose to use the Sharesource Esign Feature, you agree and accept
to voluntarily use an electronic signature in lieu of a paper-based signature, which you are not required to do if you prefer not to do so,
that due to recent legislation such as E-Sign and UETA electronic signatures are the legal equivalent of handwritten signatures on paper (just like your signing a piece of paper) and are thus legally binding in the United States and in other countries,
that We do not make any warranties or guarantees as regards the enforceability of Esign and UETA legislation for transactions and documents, since the list of documents that may not be signed with electronic signatures is subject to change and may vary from locality to locality (an initial list of excepted documents can be found in Section 103 of the Esign legislation)
not to electronically sign a prescription without first reading it, thus demonstrating that you are able to access the electronic information contained therein, and
that Baxter does not guarantee that it can collect all audit trail information for Esignature transactions, as certain information may not be available for each Esignature transaction such as IP address or other audit trail information.
We do not guarantee the identity of users signing prescriptions and make no warranties or guarantees as to the identity of users utilizing the Sharesource Platform. Site administrators are responsible for confirming the identity of users and granting the permission to sign a prescription using the Sharesource Esign Feature.
We cannot guarantee the validity or encryption of an electronically signed prescription once such prescription or data leave the Sharesource Platform or Baxter's server, such as when a user is forwarding, accessing, or storing the prescription or data elsewhere or after a user has closed their account and deleted its documents and audit trails.
The Sharesource Platform relies on email notifications and users logging into the Sharesource Platform to alert prescribers of the Sharesource Esign Feature requests and other service information. We cannot guarantee receipt of emails or that emails will not be filtered, lost, diverted, deleted through the Internet or from external providers or corporate systems or "spam" systems. We cannot guarantee the reliability or security of e-mail and or external service providers' ability to process emails.
We provide on an "as is available" basis information on each signed prescription such as prescriber NPI number, full name of prescription signer and date and time of the Sharesource Esign Feature.
These Terms and Conditions and your use of the Sharesource Platform are governed by the local law of the country where you reside without reference to any conflict of law principles.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed stricken and the remainder of the Terms and Conditions shall continue in full force and effect insofar as it remains a workable instrument to accomplish the original intent and purposes and, if possible, the severed provision shall be deemed replaced with a provision that reflects the intent of the parties with respect to the severed provision but that will be valid and enforceable.
18. Questions, Comments and Notices
Baxter may deliver notice to you by electronic mail, a general notice on this Sharesource Platform, or by written communication delivered by registered post to your address on record with Baxter. You may deliver notice to Baxter by using the "Contact Us" link located in the footer of this site.
Last updated: May 27, 2015
Table of Contents
- Scope of this Privacy Statement
- What is Personal Information?
- What Personal Information We Collect
- How We Use Your Personal Information
- How We Share Personal Information We Collect
- EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
- Your rights
- Data Retention
- Tracking Technologies We Use
- Health Insurance Portability and Accountability Act ("HIPAA")
- How to Submit a Complaint
- Contact Information
- Changes to this Privacy Statement
Effective Date: January 20, 2020
Baxter International, Inc. and its affiliates and subsidiaries ("Baxter") are committed to protecting and respecting your privacy. This Privacy Statement ("Privacy Statement") is intended to let you know what information we may collect about you and how we use that information, and includes details regarding appropriate cross-border data transfer mechanisms, including the EU-U.S. and Swiss-U.S. Privacy Shield. Please read the following carefully to understand our practices regarding your Personal Information and how it will be handled.
1. Scope of this Privacy Statement
This Privacy Statement applies to the websites of Baxter or Baxter affiliates that link to this Privacy Statement when you click on the "Privacy at Baxter" link at the bottom of a page, as well as mobile applications or other digital services that link to or post this Privacy Statement ("Baxter Sites"). Baxter or its affiliates may operate other websites or website components that handle your Personal Information in a manner that is different from the terms of this Privacy Statement. Those websites will post a Privacy Notice tailored to the data privacy practices of that particular website. Whenever you use a Baxter website, we encourage you to review the terms of the Privacy Notice that is posted on that site.
This Privacy Statement also applies to our collection of your Personal Information when you use our products or services or through other means, for example, during communications as part of a business relationship, including in the course of our communications with our customers and current, prospective, and former suppliers, vendors, subcontractors, and business partners, including via telephone, email or in person calls.
2. What is Personal Information?
Personal Information means any information relating to an identified or identifiable person. Examples of Personal Information include your name, an identification number, location data, an online identifier or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.
3. What Personal Information We Collect
We collect Personal Information through business-related requests and communications and in connection with other business dealings we may have with you or with the company or organization you work for. This includes basic contact information about you, such as your name, title, address, phone number, fax number and email address. It may also include information on the products or services you have shown interest in or purchased from us or that we have purchased from you or the company you work for. Additionally, it may also include information on the company you are working for, which is then treated as Personal Information to the extent this information is associated with your Personal Information.
We may collect your Personal Information on Baxter Sites as follows:
- Contact information. This may include your name, home or other physical address, email, telephone number, fax number, organization name, and/or job title when you submit a contact form, feedback forms or an online job application.
- Information collected through your usage of Baxter Sites. This may include name, email address, unique professional identifier, telephone number, other unique identifiers and preference information such as your username, password, marketing preferences, internet protocol ("IP") address or cookie, which may contain information that may be considered Personal Information, as well as information that does not directly identify you, but which corresponds to your device, browser type, operating system, computer or mobile device, your navigation and clickstream behavior from actions that you take on our website. (See Section Tracking Technologies We Use).
4. How We Use Your Personal Information
Depending on how you choose to interact with us, we may use your Personal Information for the following purposes:
- We use your Personal Information that we collect as part of business relationships to manage business transactions with you or the company or organization that you work for, including making or responding to requests related to products and service provided as part of business transactions, as part of obtaining or making payments for such products or services. Some of this information we collect and use is based on the contract we have with you or your employer, and some of this information we collect and use for our legitimate business purposes of communicating with you as part of the management of our business relationships and transactions.
- We use the contact information that you choose to provide to us so that we can communicate with you to respond to your queries, which includes providing you with our product and service updates. We may also use your contact information or the information you provide us on feedback forms to provide you information about Baxter products, services and programs or other marketing or advertising communications, or to enable you to participate in surveys or questionnaires. Some of this information we collect and use with your consent and some of this information we collect and use for our legitimate business purposes of communicating with you and providing you with information about our business. Providing us your Personal Information is voluntary. You may always refuse to provide your Personal Information to us. If you choose not to provide us with your Personal Information then we will not be able to communicate with you and provide you with certain information, products, or services. If we have collected your information with your consent, you can always withdraw your consent by following the instructions provided for doing so when you provide consent or by contacting us using the contact information provided at the end of this Privacy Statement.
- We use the information we collect though your use of the Baxter Sites for our legitimate interests to manage, operate, maintain and secure our websites, network systems, and other assets, and to provide you with the features and various functionalities of the Baxter Sites. We may also aggregate the Personal Information we collect through your use of Baxter Sites to help us to understand our visitors' interests and improve the content and performance of our Baxter Sites. We may also engage third party service providers to use such information on behalf of Baxter to personalize the content of, as well as to serve you ads on third party websites regarding Baxter goods or services that may be of interest to you based upon your interaction with the Baxter Sites. Some of the ads on third party websites may be personalized, meaning that they are intended to be relevant to you based on what we, or the third party service provider serving the ad, know about you or your computer's browsing activity on both the Baxter Sites and third-party sites. As required by law, in certain jurisdictions we will only do so with your opt-in consent. You may also opt-out of receiving personalized ads from our third party service providers by adjusting your browser settings to not accept cookies (For more information about this and other opt-out mechanisms see Section on Tracking Technologies, below. Please see the "help" section of your browser for instructions on managing security preferences).
- We may also use your Personal Information for treatment, to ensure high standards of quality and safety of health care, our medical products or medical devices. We may also use Personal Information to comply with our legal or regulatory obligations, including to comply with applicable retention obligations and as follows:
- for purposes of adverse event reporting, materiovigilance, pharmacovigilance, product safety and other reporting obligations;
- to respond to lawful requests by public authorities, including meeting national security or law enforcement requirements, e.g. to investigate fraud or respond to a government request;
- to investigate potential breaches, or to protect the rights, property or safety of us, the users of our Baxter Sites or others.
- Where permitted by law, we may also enhance or combine information about you, including your Personal Information, with information about you that we obtain from third parties for the same purposes described above. Your Personal Information may also be used for profiling for the same purposes described above. You may object to profiling via automated-decision making by contacting us at email@example.com using the contract details provided at the end of this Privacy Statement.
We will indicate if the provision of certain information is voluntary and you will be able to withdraw your consent or exercise your rights in relation to this information at any time as permitted or required by applicable law.
In the event that we use your Personal Information for other purposes, not specified above, we will inform you about the specific purposes for processing your Personal Information and, when required, our basis for doing so at the time we collect the Personal Information from you to the extent required by law.
5. How We Share Personal Information We Collect
Sharing with Baxter Affiliates and Subsidiaries
Baxter is a global company and it shares Personal Information with its affiliates and subsidiaries for the purposes described in this Privacy Statement. For more information about Baxter's affiliates and subsidiaries, please contact us at firstname.lastname@example.org.
Sharing with Third Parties Who Provide Services to Us
We share your Personal Information with third parties that provide services to help us with our business activities and functionalities, such as hosting our Baxter Sites, providing IT system administration and user support services, or offering customer service. These third parties are restricted from using your Personal Information in any way other than to provide services for us and we require them to provide an adequate level of protection for your Personal Information. For more information about Baxter's service providers, please contact us at email@example.com.
Sharing For other Purposes
We may also share your Personal Information for treatment purposes and to ensure high standards of quality and safety of health care, our medical products or medical devices. We may also share Personal Information to comply with our legal or regulatory obligations including, but not limited to, our obligations related to adverse event reporting, materiovigilance, pharmacovigilance, product safety and other reporting obligations or to respond to lawful requests by public authorities, including meeting national security or law enforcement requirements, (e.g. to investigate fraud or respond to a government request). We may also disclose your Personal Information to third parties as necessary to investigate potential data incidents, or to protect the rights, property or safety of us, the users of our Baxter Sites or others.
Baxter might be involved in a merger, acquisition or sale of a portion of or all of its assets (Transaction) that includes your Personal information. If Baxter is involved in a Transaction, you will be notified via email and/or a notice on our Baxter Sites of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.
Social Media Features
Some of our Baxter Sites offer publicly accessible blogs or community forums. You should be aware that such blogs or community forums are not operated by Baxter. Any information you provide in these areas may be read, collected, and used by others who access them. You should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties, and our Privacy Statement does not cover activities occurring at other websites.
Our Baxter Sites may contain links to other websites whose information practices may be different from ours. You should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties, and our Privacy Statement does not cover activities occurring at other websites.
International Transfers of Your Personal Information
Baxter is a global company and therefore uses global vendors and subcontractors as well as global IT systems and applications. As a result, the Personal Information that we collect about you may be transferred to, and stored at, a destination outside of your country which may have less strict, or no data protection laws, when compared to those in your country.
If you are located in the European Union/European Economic Area (the "EU/EEA") the following terms apply to your Personal Information: Your Personal Information may be transferred to our global affiliates and to our employees and contractors who work for us and are located outside the EU/EEA for the purposes described in this Privacy Statement. If this is the case, we will take legally required steps under the General Data Protection Regulation ("GDPR") to ensure that adequate safeguards are in place (e.g., standard contractual clauses or Privacy Shield certification) to protect your Personal Information in accordance with this Privacy Statement. You may contact us at firstname.lastname@example.org, or the other contact details below, for a copy of the safeguards which we have put in place to protect your Personal Information and privacy rights when your Personal Information is transferred outside the EU/EEA.
6. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
Baxter International Inc. and its subsidiary Baxter Healthcare Corporation, participate in and have certified their compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively "the Privacy Shield Frameworks" or the "Frameworks"). Baxter International Inc. and Baxter Healthcare Corporation are committed to processing all Personal Information they receive in the United States from EU member countries and Switzerland in reliance on the Privacy Shield Frameworks, in accordance with the Frameworks' applicable Principles. To learn more about the Privacy Shield Frameworks, and to view Baxter International Inc.'s and Baxter Healthcare Corporation's certifications, visit the U.S. Department of Commerce's Privacy Shield List (www.privacyshield.gov/list).
Baxter International Inc. and Baxter Healthcare Corporation are each responsible for the processing of Personal Information they receive under the Privacy Shield Frameworks, and for any such Personal Information that they subsequently transfer to third parties, including third parties located outside the United States. Baxter International Inc. and Baxter Healthcare Corporation each complies with the Privacy Shield Frameworks' Principles for onward transfers of Personal Information obtained from the EU and Switzerland, including the onward transfer liability provisions.
With respect to Personal Information received or transferred pursuant to the Privacy Shield Frameworks, Baxter International Inc. and Baxter Healthcare Corporation are each subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Baxter International Inc. and Baxter Healthcare Corporation may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Individuals who have an unresolved privacy or data use concern that they believe Baxter International Inc. or Baxter Healthcare Corporation has not addressed in a satisfactory manner should contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, individuals may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
In compliance with the Privacy Shield Frameworks' Principles, Baxter International Inc. and Baxter Healthcare Corporation commit to resolve complaints about the collection or use of Personal Information under the Privacy Shield Frameworks. EU and Swiss individuals with inquiries or complaints regarding Baxter International Inc.'s or Baxter Healthcare Corporation's compliance with the Privacy Shield Frameworks should first contact Baxter using the contact details provided at the bottom of this Privacy Statement.
Baxter International Inc. and Baxter Healthcare Corporation each has further committed to cooperate with the panel established by the EU data protection authorities and the Swiss Federal Data Protection and Information Commissioner with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.
7. Your rights
In certain circumstances, local data protection laws and certain local laws (including the GDPR) gives you rights with respect to your Personal Information. These rights differ by country/region. These rights may include:
- If we are using or sharing your Personal Information based on your consent, you may withdraw your consent at any time. Note that withdrawal of your consent will not affect the lawfulness of our uses or sharing of that information before you withdrew your consent.
- You can request access to or copies of your Personal Information, including knowing whether we hold Personal Information about you, and, if so, what kind and for what purposes. You can also request information about who has received your Personal Information.
- You can request that we correct your Personal Information if you think it is inaccurate or incomplete or request that we erase or delete your Personal Information, unless we have a legal obligation to hold it or are otherwise permitted by applicable law to retain it.
- You can request us to restrict the processing of your Personal Information and not delete it.
- You can request that we provide you with your Personal Information that we obtained from you based on your consent or a contract so that you can store and re-use it for your personal use, and you can ask us to provide it to another entity.
You can exercise your rights by accessing your account profile for a specific Baxter Site, by sending an e-mail to email@example.com or contacting the Global Privacy Office using the contact details provided at the end of this Privacy Statement.
In some countries, you also have the right to object to our using and disclosing your Personal Information for certain purposes, including our legitimate interests and for purposes of direct marketing. You can object at any time to the processing of your Personal Information for direct marketing purposes and you can do so by "opting-out" of marketing or promotional communications in accordance with the unsubscribe instructions included in the specific communication. If you are unable to object by opting-out in this manner, please send an e-mail to firstname.lastname@example.org or contact us using the contact details provided below in order to exercise your right to object. If you have questions about how we determine processing is for our legitimate interests or if you want to object to our processing on that basis, please contact us at email@example.com or using the contact details provided below. If you believe we are using, disclosing or otherwise processing your Personal Information in a way that is not in accordance with the law you can lodge a complaint with a data protection authority in your country.
We will handle any request to exercise your rights in accordance with applicable law. Please note that depending on the circumstances, some of the above rights may not be applicable.
8. Data Retention
Your Personal Information will only be kept for as long as we reasonably consider necessary for achieving the purposes set out above or for as long as we are legally required to keep it. Please contact us for further details of applicable retention periods.
Baxter Sites are not directed to children under the age of 13, and we do not knowingly collect Personal Information on Baxter Sites from children under the age of 13. If you think that we have collected Personal Information on a Baxter Site from a child under the age of 13, please contact us at firstname.lastname@example.org. As required by law, if we collect Personal Information from a minor age 13 or older on the basis of consent, we require parental consent.
10. Tracking Technologies We Use
Like many websites, Baxter Sites may use "cookies." A cookie is a small file that is transferred to your computer's hard drive to help us improve content (e.g., it helps us determine which parts of the Site are popular and which are less popular, so we may improve these areas in the future) and customize website content for our visitors. You may set your browser to reject cookies and to let you know when a cookie is being placed on your computer.
As is true of most websites, the Baxter Sites gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the Site. IP addresses and other data we gather automatically may be considered to be Personal Information in certain countries.
- To understand our visitors: When you visit our Site, our computers may automatically collect statistics in aggregate about visitor behavior. We may monitor statistics and other data such as how many people visit our Site, the user's IP address, which pages people visit, from which domains our visitors come, which browsers people use and how they move about our Site. We use this data about your visit for aggregation purposes only. These statistics are used to help us to understand our visitors' interests and improve the content and performance of our Site.
- To serve ads: We may also engage third party service providers to place pixels or other tracking technology on our Site on behalf of Baxter to personalize the content of, as well as to serve you ads on third party websites regarding Baxter goods or services that may be of interest to you based upon your interaction with the Baxter Sites. Some of the ads on third party websites may be personalized, meaning that they are intended to be relevant to you based on what we, or the third party service provider serving the ad, know about you or your computer's browsing activity on both the Baxter Sites and third-party websites. You may also opt-out of receiving personalized ads from our third party service providers by adjusting your browser settings to not accept cookies. Please see the "help" section of your browser for instructions on managing security preferences.
To opt-out of interest-based advertising by participating companies in the following consumer choice mechanisms, please visit:
-Digital Advertising Alliance (DAA)'s self-regulatory opt-out page (http://optout.aboutads.info/) and mobile application-based "AppChoices" download page (https://youradchoices.com/appchoices)
-European Interactive Digital Advertising Alliance (EDAA)'s consumer opt-out page (http://youronlinechoices.eu)
-Network Advertising Initiative (NAI)'s self-regulatory opt-out page (http://optout.networkadvertising.org/).
In the mobile environment, most mobile operating systems offer device-based opt-out choices that are transmitted to companies providing interest-based advertising. To set an opt-out preference for a mobile device identifier (such as Apple's IDFA or Android's GAID), visit the device manufacturer's current choice instructions pages, or read more about sending signals to limit ad tracking for your operating system here: http://www.networkadvertising.org/mobile-choices.
Please note that these settings must be performed on each device (including each web browser on each device) for which you wish to opt-out, and if you clear your cookies or if you use a different browser or device, you will need to renew your opt-out preferences.
Baxter may provide embedded videos on the Baxter Sites. Such embedded videos are hosted by third party video providers, including but not limited to Youtube (Google). If you click "play" on a video embedded on a Baxter Site, the third-party video provider may consider your click on "play" to be consent to utilize cookies specific to that third-party video provider.
b. Do Not Track
Certain laws require Baxter to indicate whether we honor "Do Not Track" settings in your browser concerning targeted advertising. As of the effective date of this Privacy Statement, an industry standard has not yet been established on how to respond to these signals, and therefore Baxter does not currently respond to such signals. Instead, we adhere to the standards set out in this Privacy Statement. If you have any questions, please contact us using the information provided below.
c. Web Beacons
Our Site pages contain electronic images (called a "single-pixel gif" or "web beacon") that allow us to count page views or to access our cookies. In general, any electronic image viewed as part of a web page, including an ad banner, can act as a web beacon. Web beacons are typically very small, 1 by 1 pixel size, banner-like files, but their presence can be easily seen within Internet Explorer by clicking on "View" and then on "Source." Web beacons are so small in order not to use valuable space on the computer screen that is better used to display helpful content. We also may include web beacons in HTML-formatted newsletters containing graphics that we send to opt-in subscribers in order to count how many newsletters have been read. In addition, some advertising networks that serve ads on our websites may use web beacons within their clearly visible banner advertisements. Our web beacons do not collect, gather, monitor, or share any Personal Information about our Site visitors. They are just the technique we use to compile our anonymous, aggregated statistics about Site usage.
d. Internet Protocol (IP) Addresses
Internet protocol (IP) addresses are unique identifiers automatically assigned to each computer when logging onto the Internet. We generally collect IP address information from any visitor to our Sites and log them for system administrative purposes. This information helps us prepare aggregate demographic information and other information regarding the use of the Baxter Site, and improve its functions. In some cases, as described above, we may also use IP addresses to serve you ads on third party websites regarding Baxter goods or services that may be of interest to you based upon your interaction with the Baxter Sites. As described above, you may opt out of such technology by adjusting your browser settings to not accept cookies.
e. Google Analytics
Google Analytics is an element of the Baxter Sites. By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of the Baxter Sites, the IP address, and the type of operating system used in the devices used to access the Baxter Site. By downloading and using a browser plugin provided by Google (available here: https://tools.google.com/dlpage/gaoptout), you can choose to opt out of Google Analytics.
We have reasonable and appropriate security measures in place to protect against the loss, misuse, and alteration of any Personal Information we receive about you. We maintain reasonable security standards to protect the Personal Information that we maintain. If you have any questions about the security of your Personal Information, you can contact us at email@example.com or using the contact details provided below.
12. Health Insurance Portability and Accountability Act ("HIPAA")
Baxter maintains a separate HIPAA Notice of Privacy Practices that governs certain of its activities in the U.S. For more information about our HIPAA program, please contact us at firstname.lastname@example.org or using the contact details provided below.
13. How to Submit a Complaint
Baxter respects your privacy and is committed to ensuring that complaints and disputes concerning Baxter's privacy practices are investigated and resolved. Baxter's process for receiving and resolving complaints is as follows. If an individual submits a privacy-related concern to Baxter, it will be investigated by the Global Privacy Office, which will take steps to resolve concerns.
Privacy questions or complaints may be submitted to Baxter by email, telephone or post office mail using the contact details provided at the end of this Privacy Statement.
14. Contact Information
If you have questions or concerns about this Privacy Statement, our information handling practices, or any other aspect of the privacy and security of your Personal Information, please email our Data Protection Officer at email@example.com or fax at 224-948-2876.
You may also write to us at:
Baxter International Inc.
ATTN: Chief Privacy Officer/Data Protection Officer, Global Privacy Office
1 Baxter Parkway, Deerfield, IL USA 60015
You may also contact Baxter, at: Baxter International, Inc., 1 Baxter Parkway, Deerfield, IL USA 60015, Ethics and Compliance Hotline at 1-844-294-5418; firstname.lastname@example.org
15. Changes to this Privacy Statement
We may periodically update this Privacy Statement to describe new Site features, products or services we offer and how it may affect our use of information about you. If we make material changes to this this Privacy Statement, we will post a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. We will not make any materially different use or new disclosure of your Personal Information to another entity using your Personal Information for that entity's own purposes unless we notify you and give you an opportunity to object.
To check Baxter's status in TRUSTe's privacy certification programs, please click here.