Privacy Policy | Lhasa OMS Inc.

Last Updated and Effective as of: December 30, 2019

LhasaOMS.com is operated by Lhasa OMS, Inc. (hereinafter, "we", "our" or "us"). We respect your privacy and are committed to protecting your information. Except as described in the California Privacy section below, this privacy policy discloses our practices regarding information collection and usage solely for the website located at www.lhasaoms.com (collectively, the "Website"). This privacy policy does not apply to any other websites, apps, or services provided by us, our affiliates (companies related by common ownership or control), or our clients, unless it appears on such website, app, or service.

This privacy policy aims to give you information on how we collect and process your information through your use of the Website, including any data you may provide through the Website when you use our service or contact us using the contact information below.

It is important that you read this privacy policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing information about you so that you are fully aware of how and why we are using your data.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

Information Collection
Information Use and Sharing
Third-party Links and Social Networking Services
Data Security
Data Retention
Additional EU Disclosures
Opt Out
Data Relating to Children
Cross Border Transfers
California Privacy
Updates to this Privacy Policy

Information Collection

Your provision of your personal information to us is completely voluntary. "Personal Information" is information that can specifically identify you. Categories of Personal Information we may collect include:

Identity Data, which includes name or other similar identifiers.
Contact Data, which includes address, email address and telephone numbers.

Additionally, we may also collect certain other types of information that, along with Identity Data and Contact Data, may be considered and specifically named "Non-Public Information" or "Personal Data" in certain jurisdictions, including the European Union ("EU"), including but not limited to:

Financial Data, which includes credit card, debit card or other payment card details.
Transaction Data, which includes details about payments to and from you.
Technical Data, which includes internet protocol (IP) address, location data, your login data, and device and browser information.
Profile Data, which includes your username and password.
Usage Data, which includes information about how you use our Website.
Marketing and Communications Data, which includes your preferences in receiving marketing from us.

We use different methods to collect data from and about you including through:

Direct interactions: You may give us your information by registering or contacting us. This includes information you provide when you:

Create an account on our website;
Purchase products
Pequest marketing to be sent to you; or
Give us feedback.

Automated technologies or interactions: As you interact with our Website, we may automatically collect Technical Data and Usage Data about your use of our Website. Some of the ways in which we or our Website may collect information are further described below:

Cookies and other technologies: The Website may use cookies, a type of technology that installs a small amount of information on a website user’s computer or other device to permit a website to, for example, recognize future visits using that computer or device. The Website may use other similar technologies (including, without limitation, tracking pixels, as described further below, and other anonymous identifiers) to gather information about you, such as IP addresses and location data, to customize your visit, to enable us to enhance our service, or for other purposes.
Interest-Based Advertising: We may engage third-party vendors to use your information in connection with their own information to deliver targeted advertising to you when you visit our website or other websites. Cookies, described above, may be used in this process. For example, if you are searching for information on a particular product, our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising is called "Behavioral Advertising". We believe that such advertising is helpful because you will see ads that are relevant to your interests. However, if you would like to opt-out of these interest-based advertisements, please see the Opt-Out section below.
Clickstream Data: As you use the Internet, a trail of electronic information is left at each website you visit. This information, sometimes referred to as "Clickstream Data," can be collected and stored by a website’s server. For example, Clickstream Data can tell the type of computer and browsing software you use and the address of the website from which you linked to the website. The Website may collect and use Clickstream Data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our website, how visitors navigate throughout the Website and how we may tailor our website to better meet the needs of visitors. This information often will be used to improve our Website and our services. Any collection or use of clickstream data will be anonymous and aggregated and will not intentionally contain any Personal Information.

HOW YOU CAN HELP PROTECT YOUR PERSONAL INFORMATION

You can help protect yourself against unauthorized access to your password and to your computer by choosing a complex password and changing it periodically. Be sure to use a known and trusted connection and to log off when finished using a shared computer.

ONLINE SURVEYS

From time to time, Lhasa OMS may invite you to participate in surveys posted on our website or sent to you by e-mail. You may decide whether or not you wish to complete such surveys, which may ask about your background, profession, range of clients, or your use of our website. We use this information to help us better meet your needs and interests. Information collected in these surveys is never sold, rented or shared with third parties for marketing purposes.

INFORMATION USE AND SHARING

Subject to the section titled "Additional EU Disclosures", we use the information held about you to perform our services and for other purposes outlined below. Specifically, we use your information for a variety of purposes:

To sell you products and services;
To perform specific services that you have requested;
To respond to your direct inquiries;
Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests;
To send you Lhasa OMS marketing materials;
To send you marketing materials for our affiliates’ products and services;
Where we need to comply with a legal or regulatory obligation; and
In other ways as required or permitted by law or with your consent.
Subject to the section titled "Additional EU Disclosures", we will not disclose information that we collect about you to third parties without your consent and except as provided by this privacy policy. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

The information we learn from customers helps us personalize and improve your experience with LhasaOMS.com. We do not collect personal information about individuals, such as names and mailing or email addresses, unless the individual visiting the Lhasa OMS website knowingly provides it. When you place an order, we need to know your name, your profession, email address, billing and shipping address, credit card number and expiration date so we can fulfill your order. Your credit card information will be stored temporarily on a secured server and used only as needed to process your transaction. We will retain your personal information in order to facilitate better customer service, and to inform you of new products and special sales. If you do not wish to be notified, you may opt out at any time. If you are only requesting a catalog we will just need to know your name, profession and shipping address. If your account is closed, we may take steps to delete certain information, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws. We will continue to use and disclose information in accordance with this privacy policy.

THIRD-PARTY LINKS AND SOCIAL NETWORKING SERVICES

The Website 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 policy of every website you visit.

The Website may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our website, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.

You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.

DATA SECURITY

We will keep your information confidential and limit access to your information to those who specifically need it to conduct their business activities, except as otherwise permitted by applicable law. We refer to industry standards and use reasonable administrative, technical and physical security measures to protect your information from unauthorized access, destruction, use, modification or disclosure. We require industry standard data security measures from those third parties who are authorized by us to process your information on our behalf.

DATA RETENTION

We will only retain your information 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 your information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize information about you (so that it can no longer be associated with you) for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.

Federal Disclaimer

Federal law restricts sale of acupuncture needles to or on the order of qualified Acupuncture practitioners as determined by individual states. No medical claims are intended or implied for any products sold. The purchaser accepts full responsibility for the safe and proper handling and use of all products and agrees to indemnify and hold harmless Lhasa OMS, Inc. and the manufacturer of the product at issue from any consumer claims relating to the products or their ultimate use.

ADDITIONAL EU DISCLOSURES

If you are situated in the EU and have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to address your concerns before you approach your Supervisory Authority so please contact us in the first instance. If you are situated in the EU and have a complaint, please contact our privacy team at privacy@lhasaoms.com.

Provision of Personal Data and failure 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 our services). In this case, we will not be able to provide services to you.

Legal basis for our processing of your Personal Data

Below are the types of lawful basis that we will rely on to process your Personal Data:

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.
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.

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 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.

Use of your Personal Data for marketing purposes

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 Personal 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 (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and have not opted out of receiving that marketing. For the EU, you must opt in in order to receive marketing communications.
Third-party marketing: We will get your express opt-in consent before we share your Personal Data with any company outside our company for marketing purposes.
To see how you can opt out of marketing communications, please see the section titled "Opt-Out".

Rights of EU Data Subjects

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data you have the right to:

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.
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.
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.

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.

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.

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.

To exercise your rights, please contact us at privacy@lhasaoms.com.

OPT OUT

Opting out of messages from us

To opt-out of any future promotional messages from us, you should unsubscribe in the body of the promotional message that was sent to you (found at the bottom of the email) or send an unsubscribe request to us at privacy@lhasaoms.com. We will process your request within a reasonable time after receipt.

Opting out of sharing with third parties for marketing

If you do not want your Personal Information or Personal Data shared with any third party who may use such information for direct marketing purposes, then you may opt-out of such disclosures by sending an email to privacy@lhasaoms.com. Please note that if you opt out in this manner, certain aspects of the Website may no longer be available to you. We will process your request within a reasonable time after receipt.

Opting out of cookies

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your device without your knowledge. For more information about cookies, please visit our Cookie Policy.

DATA RELATING TO CHILDREN

Our Website is designed for those 18 years of age and older. We do not knowingly collect information from anyone under the age of 13 (or such other age as may be restricted under local law). If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

CROSS BORDER TRANSFERS

Our Website is maintained in the United States. If you are visiting from the regions with laws governing data collection and use that may differ from those in the United States, please note that you may be transferring your information to the United States and in other countries around the world. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States. If you are situated in the EU, whenever we transfer your personal data to processors outside of the EU, we ensure appropriate and suitable safeguards are used in such transfer. We may use specific contracts approved by the European Commission which give Personal Data the same protection it has in the EU.

CALIFORNIA PRIVACY

This section of the privacy policy provides information to California (“CA”) residents whose personal information is processed pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), whether through the Website or offline. It describes the categories of Personal Information that Lhasa OMS collects, and the purposes for which that information is collected.

This section does not apply to Personal Information that is protected under federal financial privacy laws. Personal Information does not include information that is publicly available or that has been de-identified or aggregated.

Categories of Personal Information we collect

Depending on the nature of your relationship with us (practitioner, wholesale partner, affiliate, employee), we may collect the following categories of Personal Information about you, including:

Identifiers such as name, postal address, email address, account name, social security number, driver’s license or state identification card number, or telephone number;
Information that identifies, relates to or is capable of being associated with, an individual, such as financial information;
Characteristics of protected classifications under California or federal law such as race, sex/gender or marital status;
Commercial information such as dining history;
Internet or other electronic network activity information such as browsing history;
Geolocation data, available through your device, if enabled;
Audio, electronic, or similar information;
Professional or employment-related information;
Education information;
Other personal information, as described to you in this privacy policy, or otherwise at the point of collection; and
Inferences drawn from any of the information identified above, including about your preferences.
Depending on your relationship with us, we may have collected each of the above categories of Personal Information about you during the preceding 12 months. In addition, we may have shared each of these categories of Personal Information with third parties during the preceding 12 months for the business purposes described below and in the rest of this Privacy Policy.

For each of these categories of Personal Information, please refer to the “Information Use and Sharing” section above for more detailed information regarding why we collect personal information, and the categories of third parties with whom we may share personal information.

Why we collect Personal Information

Depending on your relationship with us, we may use information about you for our business purposes, including:

To perform a sales contract with you;
To perform specific services that you have requested;
To respond to your direct inquiries;
For joint marketing with other companies;
Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests;
To send you Lhasa OMS marketing materials;
To send you marketing materials for our affiliates’ products and services;
To manage your employment relationship with us, if applicable;
Where we need to comply with a legal or regulatory obligation; and
In other ways as required or permitted by law or with your consent.

Your CA privacy rights

As a California resident, beginning after January 1, 2021, you may have certain rights over the Personal Information we have about you, depending on the type of relationship you have with us.

We do not offer an opt out of sale link on our homepage for the purposes of the CCPA. We may share Personal Information with our service providers, with third parties with whom we jointly offer products or services, with third parties from whom you request a product or service through us, in the context of a merger, acquisition, bankruptcy, or other corporate transaction, or as otherwise permitted by the CCPA.

UPDATES TO THIS PRIVACY POLICY

We reserve the right, at our discretion, to change, modify, add, or remove portions from this privacy policy at any time. However, if at any time in the future we plan to use your information in a way that materially differs from this privacy policy, we will post such changes here and email you. We encourage you to periodically review the Website for the latest information on our privacy practices. You are bound by any changes to the privacy policy when you use the website after such changes have been first posted.

CONTACT US

Lhasa OMS, Inc.
230 Libbey Parkway
Weymouth, MA 02189
privacy@lhasaoms.com