Privacy and Terms of Use

Standard Terms and Conditions of Sale

I. GENERAL. The purchaser of goods shall be referred to as “Buyer” and Drucker Diagnostics, LLC, shall be referred to as “Seller.” This document and any agreement signed by Seller to which these terms and conditions are attached or made a part thereof are limited to their express terms. Any modification or additional or different terms proposed by Buyer orally or in writing are objected to and rejected. All orders are subject to acceptance by Seller. If the terms and conditions herein shall be deemed to be an offer by Seller, any acceptance by Buyer is limited to acceptance of the express terms and conditions contained herein. All sales are upon the terms herein contained, whether pursuant to Buyer’s written or oral request and notwithstanding any other terms presented by Buyer at the time of such request. Oral statements by Seller’s employees or agents regarding the goods or materials or services (the “goods”) to which these terms apply are not warranties, shall not be relied on by Buyer, and are not part of any contract. No waiver or modification hereof shall be binding upon Seller unless in writing and signed by a duly authorized representative of Seller.

II. SHIPPING AND DELIVERY. Unless otherwise indicated herein, Seller shall determine in its discretion and make arrangement for shipment of the goods. All risk of loss, damage or charge with respect to the goods shall pass to Buyer upon shipment by Seller. Shipment or delivery may
be made in separate lots or partial shipments. Buyer may not refuse delivery of any lot or partial shipment or refuse payment therefore because of failure to deliver any other lot or nonconformity in any other lot or partial shipment.

III. PURCHASE PRICE AND PAYMENT TERMS. The price of each shipment of goods shall consist of the prices charged for the goods excluding applicable tax. Prices are subject to change without notice. Goods are sold only in standard packaging quantities. Minimum orders are subject to change without notice.

IV. ORDERS AND CREDIT APPROVAL. Orders will be deemed to have been placed when an order confirmation is received from a Customer Service representative of the Seller. All orders are subject to credit approval, if any, by Seller.

V. WARRANTY. Seller’s goods shall be judged solely on the conformance with Seller’s standard specifications. Seller will not consider other requirements than those stated in the product specifications furnished by the Buyer. Seller shall not be obligated to replace or accept return of goods meeting Seller’s product specifications regardless of the performance of the goods and/or the functionality of the goods as used by Buyer. In no event shall Seller be liable to Buyer or any third party for the effect of Seller’s product, or any modifications of, or additions to, Seller’s product. Seller is under no obligation to inform Buyer of special material formulations or changes in the manufacture of goods. To the maximum extent allowed, all intellectual property pertaining to the goods are the exclusive property of Seller. No claim against Seller of any kind, whether as to goods delivered or for non-delivery of goods, shall be greater in amount than the purchase price of the goods in respect to which such claim is made; and in no event shall claim be made for indirect, incidental, special or consequential damages (including loss of revenue or profits) exemplary or punitive damages whether or not Buyer has been previously apprised of such damages. Failure of Buyer to give notice of claim within the warranty period as stated in product documentation or in separate written and signed contract with the Buyer, or within 30 days from the date of delivery for items such as accessories and consumables not covered by a specified length of warranty shall constitute a waiver by Buyer of all claims with respect to goods. Buyer’s sole and exclusive remedy for breach of this warranty shall be to provide Seller with the notice and receive the remedies as provided above in this Section V. Other than as set forth herein, Seller makes no representations or warranties of any kind, whether express or implied, with respect to the Products. Seller expressly disclaims all warranties of merchantability, fitness for a particular purpose, title, regulatory compliance, and all warranties arising from conduct, course of dealing or custom of trade. Oral statements made by Seller’s employees or agents do not constitute warranties. Conformity of the goods to any demonstration unit or sample is not a part of the basis of the bargain between Buyer and Seller. In no event shall Seller be responsible for any damage, change or effect to the goods resulting from or related to any acts or omissions of Buyer or of any agent, distributor or vendor of Buyer or their customers or any intermediary or end user of any product manufactured, distributed or sold by Buyer including, but not limited, to improper storage, handling, installation, modifications, abuse or misuse. The warranty is not transferrable except by our authorized distributors and resellers to their Buyers.

VI. INFRINGEMENT AND INDEMNIFICATION. Buyer agrees to defend, indemnify and hold harmless Seller and its affiliates and its suppliers, and its and their shareholders, directors, officers and employees from and against any and all claims, liability, damages, cost and expenses, including reasonable attorney’s fees, resulting from or arising out of (a) the goods; or (b) the possession or use by any person of any Buyer product containing Seller’s goods.

VII. TAXES. In addition to the price specified herein, Buyer shall pay the amount of any present or future sales or use taxes, excise taxes, taxes on transportation and other direct or indirect taxes whether such taxes are Federal, State, or Local, applicable to the sale, delivery, use or other handling of the goods sold hereunder.

VIII. CANCELLATION. Unshipped orders, order modifications and/or cancellations must be confirmed in writing to Seller and may be subject to a cancellation charge. Cancellation of unshipped orders for custom-made goods will be reviewed for costs incurred up to the date of the written notice and Buyer will be notified of the related cancellation charges, which will include the cost of any inventories on hand, work in progress, and all other reasonable costs incurred by Seller.

IX. FORCE MAJEURE. Seller shall not be responsible or liable for any loss or damage occurring by reason of delay in performance or non-performance caused by circumstances beyond Seller’s reasonable control including, but not limited to, acts of God, fire, flood, war, government action, accident, labor trouble or shortage, or inability to obtain material, equipment or transportation. If resulting delay occurs, shipments may be proportionately or wholly suspended and resumed upon removal upon such cause. Quantity so affected may be eliminated from the order without liability, but the order shall remain otherwise unaffected.

X. GOVERNING LAW, JURISDICTION. These terms and conditions shall be governed by and construed in accordance with the Uniform Commercial Code as enacted in the State of Delaware and other applicable laws of the State of Delaware without regard to the conflict of laws provisions thereof. Seller and Buyer each hereby consent to personal jurisdiction and venue in the courts in Delaware and further agree that such courts shall have the exclusive jurisdiction to hear and determine any claims or disputes between Buyer and Seller, pertaining directly or indirectly to any goods or materials supplied pursuant to the terms and conditions herein contained. Buyer expressly submits and consents in advance to such jurisdiction and any action or proceeding commenced in such courts. The exclusive choice of jurisdiction set forth in this paragraph shall not be deemed to preclude the bringing of any action by Seller or the enforcement by Seller of any judgment obtained in any such jurisdiction and any other appropriate jurisdiction.

XI. DISCLAIMER OF DAMAGES/LIMITATION OF LIABILITY. Not Withstanding any other provision ofthis document, buyer expressly agrees that seller is not liable to buyer (or any third party) for anyindirect, incidental, consequential, special, or punitive damages arising from this document or the sale of goods. Furthermore, seller’s maximum aggregate liability to buyer shall never be more
than the value to repair or replace any non-confirming goods purchased and paid for by the buyer.

XII. MISCELLANEOUS. Seller’s failure to exercise any privilege hereunder shall not thereafter waive any of the terms, conditions, or provisions, whether the same or similar type. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision. The rights and obligations of Buyer hereunder may neither be assigned nor delegated without the prior written consent of Seller. Goods sold by Seller may be subject to U.S. export controls. Retransfer of such items to countries or end-users not approved for U.S. export is prohibited except with proper U.S. Government authorization. Violations may result in penalties.

Privacy Policy

This Privacy Policy sets out how Drucker Diagnostics, LLC (“Drucker”) collects, stores, and handles your personal information.

Drucker complies with the General Data Protection Regulation (“GDPR”) requirements regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.

Drucker may collect, store, and use your personal information in connection with your use of the Drucker website(s) (together the “Service”) according to this Privacy Policy Statement.

This Privacy Policy Statement (“Privacy Policy”) applies to all visitors, users and others who access the Service (“Users”) or provide us information, in addition to any other agreements you might have with us. By providing us information or using or accessing the Service you authorize the processing, use and disclosure of your data and other content (“User Content”) consistent with this Privacy Policy. This also means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy. Please do not provide your personal information to us or use the Service if you do not agree with this Privacy Policy.

Drucker Privacy Policy Statement

1. INFORMATION WE COLLECT

We may collect the following types of information.

Information you provide us directly:

• Your name, email address, and any other information you may submit to us via email or any other page on the Service.

Communications between you and Drucker. For example, we may send you Service-related emails (e.g., changes/updates to features of the Service, technical and security notices).  

Log file information: 

• Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.

• When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

2. HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

• manage your customer relationship and provide you with customer support;
• remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
• provide personalized content and information to you and others;
• provide, improve, test, and monitor the effectiveness of our Service;
• develop and test new products and features;
• monitor metrics such as total number of visitors, traffic, and demographic patterns;
• diagnose or fix technology problems;
• communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, or other third parties;
• enforce our terms and conditions;
• manage our business; and
• perform functions as otherwise described to you at the time of collection.

3. SHARING OF YOUR INFORMATION

We will not rent or sell your information to third parties without your consent, except as noted in this Privacy Policy.

Parties with whom we may share your information:

• We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are part of Drucker corporate family, or that become part of Drucker corporate family in the future (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your User Content.

• We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.

• We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

What happens in the event of a change of control:

If we sell or otherwise transfer part or the whole of Drucker or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred.  

Responding to legal requests and preventing harm:

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.  In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

4. INTERNATIONAL TRANSFERS OF YOUR INFORMATION;

When you use our Service, your data may be sent to the United States and possibly other countries.  Your information collected through the Service may be stored and processed in the United States or any other country in which Drucker, Affiliates, or Service Providers maintain facilities.  Drucker, Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.  By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which Drucker or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

European Union or Swiss individuals may refer to the GDPR statement below with regard to the transfer of their personal data.

5. SECURITY MEASURES TO PROTECT YOUR INFORMATION

We use commercially reasonable safeguards to help keep the information collected through the Service secure. However, Drucker cannot ensure the security of any information you transmit to Drucker or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

Please do your part to help us. You are responsible for controlling access to emails between you and Drucker, at all times. Your privacy settings may also be affected by changes to the social media services you use to connect to Drucker.  We are not responsible for the functionality, privacy, or security measures of any other organization that Drucker does not own or control.  

6. YOUR CHOICES ABOUT YOUR INFORMATION

Your account information and profile/privacy settings:

• Update your email communications preferences at any time by clicking on the link in any marketing communication you receive from us and changing your profile settings.

• Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not be able opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).

How long we keep your User Content:

• Following termination or deactivation of your account, Drucker or its Service Providers may retain information (including your profile information) and User Content for as long as necessary to fulfill the business purpose it was collected for and for backup, archival, and/or audit purposes. We will also retain and use your User Content for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. YOUR CALIFORNIA PRIVACY RIGHTS  

Drucker does not currently respond to Do Not Track signals, whether that signal is received on a computer or on a mobile device.  Third parties may collect information about your online activities over time and across sites when you use the Service.

If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to privacy@Drucker.com.

Our site, products, and services are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our Service, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to privacy@Drucker.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes.

8. CHILDREN’S PRIVACY

Drucker does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. Because of the nature of our business, the Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@Drucker.com.  

9. OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.  

10. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at info@druckerdiagnostics.com.

12. CHANGES TO OUR PRIVACY POLICY

Drucker may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Drucker Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

GDPR Statement

Drucker complies with the GDPR principles (GDPR Principles) regarding the collection, use, and retention of personal information from European Union member countries (including Iceland, Liechtenstein, and Norway) and Switzerland transferred to the United States.  If there is any conflict between the policies in this privacy policy and data subject rights under GDPR Principles, the GDPR Principles shall govern.

This GDPR Statement outlines our general policy and practices for implementing the GDPR Principles, including the types of information we gather, how we use it and the notice and choice affected individuals have regarding our use of and their ability to correct that information.

A) Definitions
“Personal Data” means information that (1) is transferred from the EU/EEA or Switzerland to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual.

“Sensitive Personal Information” means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.

B) Principles
Drucker may receive Personal Data from its own personnel as well as from its affiliates and other parties located in the EU/EEA. Such information may contain names, addresses, email addresses and payment information and may be about customers, clients of customers, business partners, consultants, employees, and candidates for employment and includes information recorded on various media as well as electronic data.

Whenever Drucker collects Personal Data directly from individuals, Drucker complies with the following Principles:

1. Inform.  We shall inform an individual of the purpose for which we collect and use their Personal Data and the types of third parties to which our Company discloses or may disclose that Personal Data. Our Company shall provide the individual with the choice and means for limiting the use and disclosure of their Personal Data. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to our Company, or as soon as practicable thereafter, and in any event before our Company uses or discloses the Personal Data for a purpose other than for which it was originally collected. Drucker may be required to disclose Personal Data in response to lawful request by public authorities, including to meet national security or law enforcement requirements.
2. Choice.  Individuals have the opportunity to choose (opt out) whether their Personal Data is (1) to be disclosed to a third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual by contacting our privacy officer via email at info@druckerdiagnostics.com. For Sensitive Personal Information, our Company will give individuals the opportunity to affirmatively or explicitly (opt in) consent to the disclosure of the information to a third party or for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Our Company shall treat Sensitive Personal Information received from an individual the same as the individual would treat and identify it as Sensitive Personal Information.  Agents, technology vendors and/or contractors of Drucker may have access to an individual’s Personal Data on a need-to-know basis for the purpose of performing services on behalf of Drucker or providing or enabling elements of the services. All such agents, technology vendors and contractors who have access to such information are contractually required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for Drucker or as otherwise required by law.
3. Accountability for Onward Transfer. Prior to disclosing Personal Data to a third party, we shall notify the individual of such disclosure and allow the individual the choice (opt out) of such disclosure. Our Company shall ensure that any third party to which Personal Data may be disclosed subscribes to the Principles or is subject to laws providing the same level of privacy protection as is required by the Principles and agrees in writing to provide an adequate level of privacy protection.
4. Data Security. We shall take reasonable steps to protect the Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Our Company has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Data from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, our Company cannot guarantee the security of Personal Data on or transmitted via the Internet.
5. Data Integrity and Purpose Limitation. We shall only process Personal Data in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, our Company shall take reasonable steps to ensure that Personal Data is accurate, complete, current and reliable for its intended use.
6. Access and Recourse. We acknowledge the individual’s right to access their Personal Data. We shall allow an individual access to their Personal Data and allow the individual the opportunity to correct, amend or delete inaccurate information and information that we have processed in a manner that conflicts with the GDPR Principles, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. Individuals may contact our Privacy Officer via email at info@druckerdiagnostics.com to request access. Contact information can be found below. In cases where Drucker is a Data Processor, individuals must contact the Data Controller.

Human Resources Data. If your complaint is not satisfactorily addressed by Drucker, and your inquiry or complaint involves human resource data, you may have your complaint considered by an independent recourse mechanism in Europe: for EU/EEA Data Subjects, a panel established by the EU data protection authorities (“DPA Panel”), and for Swiss Data Subjects, the Swiss Federal Data Protection and Information Commissioner (“FDPIC”). To do so, you should contact the state or national data protection or labor authority in the jurisdiction where you work.  Drucker agrees to cooperate with the relevant national DPAs and to comply with the decisions of the DPA Panel and the FDPIC.  The services of EU DPAs are provided at no cost to you.

Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

If your complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.

C) Amendments

This Privacy Statement may be amended from time to time. We will post any revised policy on this website.

D) Information Subject to Other Policies

We are committed to following the Principles for all EU or Swiss Personal Data transferred to the United States pursuant to GDPR.

Last updated: October 2, 2020