Privacy Policy

Effective Date: February 1, 2016, updated April 1, 2021

Welcome to novagard.com! The novagard.com website (the “Website”) is owned and operated by Novagard Solutions, Inc. (“Novagard,” “we,” “our,” or “us”). Novagard is a leading-edge company providing engineered solutions for difficult and demanding applications. This Website provides information on the products and services offered by Novagard, and makes some of those products available for purchase for commercial use only.

Acceptance of Privacy Policy

PLEASE READ THIS PRIVACY POLICY (“PRIVACY POLICY”) CAREFULLY BEFORE USING THIS WEBSITE. This Privacy Policy governs your use of the Website, regardless of how you access or use it, whether via personal computers, mobile devices or otherwise, but does not apply to data we receive from third parties. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Website (unless otherwise stated below), and does not govern the data practices of third parties that may interact with our Website. Also, it is limited to our practices, and our Website includes access to third party content and services we do not control. Consult their privacy policies regarding their practices.

To the extent we provide you notice on our Website of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use. BY USING THE WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THE PRIVACY POLICY AND OUR TERMS OF USE. IF YOU DO NOT AGREE WITH OR ACCEPT ALL PROVISIONS IN THIS PRIVACY POLICY, THEN PLEASE EXIT THIS WEBSITE IMMEDIATELY AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS WEBSITE.

Changes to Privacy Policy

We reserve the right to change this Privacy Policy at any time. We will update the Effective Date of the Privacy Policy to reflect the date of the posted changes. Any changes to this Privacy Policy will not apply retroactively but instead will only apply prospectively from the published change. Your use of our Website indicates your consent to the privacy policy posted at the time of use. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

1. What Information Does the Website Collect?

   (a) Information About You That You Provide to Us
   Personal Information and Demographic Information. On www.novagard.com (the “Website”), we may ask you to provide us with certain categories of information such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, and home address (“Personal Information”); and (2) demographic information. (“Demographic Information”). We may collect this information through various forms and in various places on the Website, including at account registration and “contact us” forms, or when you otherwise interact with the Website.

   (b) Information Collected or Stored As You Access and Use the Website
   In addition to any Personal Information or other information that you choose to submit to us via our Website, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Website (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone, or other device (a “Device”) whenever you visit or interact with our Website.

   This Usage Information may include:
   your IP address, UDID, advertising identifier, device identifier or other unique identifier (“UID”). A device identifier is a number that is automatically assigned to your Device used to access the Website, and our computers identify your Device by its device identifier; clickstream data reflecting the information you enter and the selections you make while using the Website; your Device functionality (including browser, operating system, hardware, mobile network information); the areas within our Website that you visit and your activities there, including remembering you and your preferences;

   Tracking Technologies. We may use now and hereafter known methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):  Cookies, Web Beacons, Embedded Scripts, Browser Fingerprinting, and Etags.

   Cookies. A cookie is a data file placed on a Device when it is used to visit the Website. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. To identify local shared objects on your computer and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.

   Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs,” “Pixel Tags,” or “Web Bugs”) may be included in our Website’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Website, to monitor how users navigate the Website, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

   Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Website, and is deactivated or deleted thereafter.

   Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.

   ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of UID. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

   There may be other Tracking Technologies now and later devised and used by us in connection with the Website.

   (c) Third Party Tracking and Do Not Track.
   Third parties may use Tracking Technologies in connection with our Website, which may include the collection of information about your online activities over time and across third-party web sites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third party Tracking Technologies in connection with use of our Website. Statements regarding our practices do not apply to the methods for collecting information used by these third-parties and others or the use of the information that such third parties collect. The relevant third party’s terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.

   Also, various third parties are developing or have developed signals or other mechanisms known as “do not track signals”. For instance, some browsers may have such signal options, though they differ as to if the signal is set as default or must be turned on by the user. Further, there is not yet an industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take any action with respect to these signals or other mechanisms, though we may consider doing so if an understandable and practical standard is developed and widely adopted. For more information on “do not track” visit http://www.allaboutdnt.com.

   (d) Third-Party Content and Websites
   The Website may include functionality that allows certain kinds of interactions between the Website and a third-party website, platform, tool, application or other service, and accessing or display of third-party content via the Website (“Third Party Websites”). The use of Third Party Websites may involve the exchange of information, including Personal Information, between the third-party operator thereof (“Third Party Operator”) and us (e.g., the third party may handle the billing of transactions for our content that are purchased via the Third Party Website and then tell us what you purchased so we can fulfill the order).

   We may also enable access to or display of third party content via the Website, that is actually being served or published by the third party, and such third party may be collecting data from you in connection with that content. These third parties may collect and retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy.

   When you use Third Party Websites, you are using their services and not our Website and they, not we, are responsible for their practices. You should review the applicable third party privacy policies before using such Third Party Websites in connection with our Website.

2. How Do We Use the Information Collected?
   

   We may use your Personal Information, Demographic Information and/or Usage Information that we collect about you:  (1) to provide you with information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to process your registration with the Website, including verifying your information is active and valid; (3) to manage and administer the Website including account management, and billing and collections activities; (4) to improve the Website or create new service offerings, to customize your experience on any of the Website, or to serve you, or suggest to you, specific content that may be most relevant to you; (5) to contact you with regard to your use of any of the Website and, in our discretion, changes to the any of the Website  and/or any of the Website’s’ policies; (6) to prevent unauthorized, improper or illegal activities on the Website; (7) for internal business purposes; and (8) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy or for any other legal purpose not inconsistent with this Privacy Policy or our Terms of Use.

   Contact Us. Please note that information submitted to any of the Website via a “contact us” or other similar customer inquiry function may not receive a response. We will not use Personal Information provided by you in a customer inquiry communication to contact you for marketing purposes unrelated to your request unless you agree otherwise.

3. How and When Do We Share Information with Third Parties?
   

   We may share “Non-Personal Information” (i.e., information that is not or is modified not to be Personal Information), such as aggregated user statistics, with third parties. For instance, if we de-identify data about you, it is not treated as Personal Information by us, and we may share it with others freely. Except where prohibited by applicable law, we may share your UIDs with third parties along with data (other than Personal Information) related to you and your activities as non-Personal Information under this Privacy Policy.

   In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below, as set forth in our Terms of Use or otherwise set forth in this Privacy Policy for any other reason not prohibited by applicable law or inconsistent with this Privacy Policy. Without limitation of the forgoing, we may disclose your information, including Personal Information, as follows:

   (a) When You Request Information From or Provide Information to Third Parties.
   Third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, Third Party Websites (e.g., Third Party Operator’s content, tools apps or ads on our Website) or link to them from our Website. This may include using third-party tools such as Twitter, LinkedIn or other third-party posting or content sharing tools and by so interacting you consent to such Third Party Operator’s practices. If you elect to share information about your use of the Website with your social networks, you will be sending information about you to the social networking services that you designate, including Usage Data relating to your use of the Service. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.

   (b) Third Parties Providing the Website on Our Behalf.
   We may use third-party vendors and partners to perform certain services on behalf of us or the Website, such as hosting or distributing the Website, designing and/or operating the Website’s features, tracking the Website’s activities and analytics, facilitating transactions, order fulfillment, payments and customer service, and enabling us to send you special offers or perform other administrative services. We may provide these third parties with access to your information, including UIDs, Usage Information and Personal Information, to carry out the services they are performing for you or for us. We are not responsible for those third party technologies or activities arising out of them.

   (c) To Protect the Rights of Novagard and Others.
   To the fullest extent not prohibited by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Novagard or third parties (including through the enforcement of this Policy, our Terms of Use, and other applicable agreements and policies); (ii) comply with legal and regulatory obligations and government requests (e.g., pursuant to law enforcement inquiries, subpoenas or court orders); (iii) comply with our obligations and commitments to safeguard the privacy and security of your information; or (iv) prevent unauthorized, improper or illegal activities on the Website. Further, we may disclose information about you as otherwise permitted under our Terms of Website or as specifically disclosed when we collect information from you. Additionally, if you notify us that you believe your rights have been violated in connection with the Website or another user of the Website, we may disclose information about you to the extent necessary to evaluate and respond to your concern. To the fullest extent not prohibited by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.

   (e) Affiliates and Business Transfer.
   We may share your information, including your UIDs and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates (“Affiliates”) subject to applicable law. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Website or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change; including, in either case, during the course of any related due diligence process.

4. What About Information I Disclose Publicly Or To Others?

   (a) User-Generated Content and Public Information.
   The Website may permit you to submit messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”), such as through a “contact us” form. We or others may store, display, reproduce, publish, distribute or otherwise use User-Generated Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User-Generated Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User-Generated Content. Please note that Novagard does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Website or what others do with information you share with them on the Website. We are not responsible for the accuracy, use or misuse of any User-Generated Content that you disclose or receive from third parties through the Website. We are not responsible for User-Generated Content you submit to Third Party Websites via our Website.

   (b) Name and Other Personal Information.
   We may also publish your name and other Personal Information that is part of your User-Generated Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities.

5. Do Third-Party Content, Links To Third-Party Websites, and/or Third-Party Apps Appear on the Website?
   

   The Website may contain content that is supplied by a Third Party Operator, and those third parties may collect Usage Data and your UID when such content is served to you. Third Party Websites may also be available via the Website. We are not responsible for the data collection and privacy practices employed by such third parties or their services and they may be collecting data about you and may be sharing it with us and/or others. These third parties and their services may also associate their Tracking Technologies with you, track you across sites and time, serve you their own ads (including Interest-based Ads (defined below)) and may or may not have their own published privacy policies. In addition, when you are on the Website you may be directed to other services that are operated and controlled by third parties that we do not control. For example, if you “click” on a link, the “click” may take you off the Website onto a different site. We encourage you to note when you leave our Website and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.Be sure to review any available privacy policies and notices before submitting any Personal Information to a third party or its services, or otherwise interacting with Third Party Websites or other locations you link to from our Website, and exercise caution in connection with them. We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.

6. How Do I EXERCISE CHOICE AND CHANGE PREFERENCES?
   

   Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies some parts of the Website may not work and that when you revisit the Website your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.Some third parties may also offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our Website is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Novagard is not responsible for the completeness or accuracy of this tool or third party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.

7. WHAT ABOUT TRANSFER OF INFORMATION TO THE UNITED STATES?

   Our Website is operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Website or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.

8. What About Security?
   

   We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Website, and provide us with your information, at your own risk.

© Novagard Solutions, Inc.  2016, 2021. All Rights Reserved.