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PLEASE REVIEW THE TOU CAREFULLY AND PRINT A COPY FOR YOUR RECORDS. BY REGISTERING FOR AN ACCOUNT, PLACING AN ORDER, ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY REVISIONS TO THE TOU. IF YOU DO NOT AGREE TO THE TOU, YOU MUST IMMEDIATELY CEASE USING THE SITE.
Subject to your compliance with the TOU in all material respects, Essity grants you a limited, personal, non-exclusive, revocable right to access and use the Site.
In connection with your access to or use of the Site, you shall not:
If you submit ratings or reviews for any products on the Site, you agree, warrant and covenant that the ratings and reviews that you submit will: (a) be accurate and not false, misleading or deceptive; (b) not include any URL external to the Site; (c) not reference any physical address, email address, phone number or other contact information; (d) fully disclose any connection between you and a person or company with a financial interest in the product or a directly competing product and not express sentiments by or on behalf such person or company; and (e) not be submitted for any form of compensation or consideration from any party.
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Site, including payment or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third-party. You agree that Essity shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
Essity reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Essity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
In the event that you violate the TOU, all rights granted to you under the TOU shall be terminated immediately, with or without notice, and Essity, in its sole discretion, may remove and diEssityrd Your Content. Sections 5, 6, 9 and 13 through 22 shall survive the termination of your right to access the Site.
You agree to indemnify and hold Essity and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, due to or arising out of your use of the Site or violation of the TOU.
Essity attempts to be as accurate as possible. However, Essity does not represent or warrant that product descriptions or any other Content is accurate, complete, reliable, current or error-free.
Some portions of the Site may provide information about which Essity products may work best for you based upon information that you provide. However, the Content on the Site is presented in a summary fashion and is intended to be used for educational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, course of action or medical or healthcare provider. Your use of the Site does not create a doctor/patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. Essity disclaims all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on the Site. Do not disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of any information you obtain from the Site.
The TOU shall be governed by and construed and enforced in accordance with the laws of the Ontario and laws of Canada applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the Canadian jurisdiction in which you reside to apply, in which case the laws of such jurisdiction will apply.
Any dispute or claim arising out of or relating to the TOU, your visit to the Site or products you purchase through the Site or by phone shall be resolved through confidential arbitration by the American Arbitration Association (AAA) under its then-applicable rules, including its Supplementary Procedures for Consumer-Related Disputes. Such arbitration shall: (a) be heard and resolved by a single independent and neutral arbitrator; (b) take place in Toronto, Ontario; and (c) be conducted in the English language. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the TOU shall be joined to an arbitration involving any other party subject to the TOU, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, you and Essity may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
This provision shall apply to the maximum extent permitted by applicable laws.
You agree that, except as otherwise expressly provided in the TOU, there shall be no third-party beneficiaries to this agreement.
If you believe that your work has been made available through the Site in a way that constitutes copyright infringement, please provide Essity’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Site; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Essity’s Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
c/o ESSITY Personal Care
The Cira Centre
2929 Arch Street, Suite 2600
Philadelphia, PA 19104
Phone: +1 610-499-3700
The TOU constitutes the entire agreement between you and Essity concerning your access to and use of the Site. It supersedes any prior or contemporaneous agreements between you and Essity with respect to such subject matter. The failure of Essity to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability. It is the express wish of the parties that the TOU and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.
You may use our website or app without providing any personal data about you. In this case, Essity will collect only the following metadata that result from your usage:
Referral page, data and time of access, data volume transmitted, status of transmission, type of web browser, IP-address, operating system and interface, language and version of browser software.
Your IP-address will be used to enable your access to our website or app. Once the IP-address is no longer necessary for this purpose, we will shorten your IP-address by removing the last octet of your IP-address. The metadata, including the shortened IP-address will be used to improve the quality and services of our website or app by analyzing the usage behavior of our users.
If you create an account on/in our website or app, you may be asked to provide personal data about you, for example: Name, postal address, email address, selected password, telephone number, bank account details, credit card details, invoicing and delivery address, interests in certain products/services (voluntary), request to receive marketing emails (voluntary). Essity processes such personal data for purposes of providing our services to you, to provide you with marketing materials to the extent permitted by applicable law, and to analyze your interests for marketing purposes.
If you order a product via our website or app, Essity collects and processes the following personal data about you: Your account data, type and amount of product, purchase price, order date, order status, product returns, customer care requests. Essity processes such personal data for purposes of carrying out the contractual relationship and the product order, providing customer care services, compliance with legal obligations, defending, establishing and exercising legal claims, and tailored marketing.
If you participate in a sweepstake, Essity collects and processes the following personal data about you: Name, postal address, email address, date of entry, selection as winner, prize, answer to quiz. Essity processes such personal data for purposes of carrying out the sweepstake, informing the winner, delivering the price to the winner, carrying out the event, and marketing.
Health Data: If you order some products, Essity may collect and process also information about your health conditions as implied by product order. Health data are sensitive data within the meaning of the GDPR and Essity is taking all necessary steps to protect such sensitive data as legally required. Subject to your consent, Essity collects and processes your health data solely for the purposes of carrying out the contractual relationship and the product order, providing customer care services, compliance with legal obligations, defending, establishing and exercising legal claims, and tailored marketing.
We may carry out the processing of your personal data on the following legal basis:
We may carry out the processing of your sensitive personal data on the following legal basis:
The provision of your personal data is required by a statutory or contractual obligation, or necessary to enter into a contract with us or to receive our services/products as requested by you, or simply voluntary for you.
Not providing your personal data may result in disadvantages for you, e.g. you may not be able to receive certain products and services. However, unless otherwise specified, not providing your personal data will not result in legal consequences for you.
If you have declared your consent regarding certain collecting, processing and use of your personal data, you can revoke this consent at any time with future effect. Further, you can object to the use of your personal data for the purposes of marketing without incurring any costs other than the transmission costs in accordance with the basic tariffs.
Pursuant to the applicable data protection law you have the right (i) to request access to your personal data, (ii) to request rectification of your personal data, (iii) to request erasure of your personal data, (iv) to request restriction of processing of your personal data, (v) to request data portability, (vi) to object to the processing of your personal Data (including objection to profiling), and (vii) to object to automated decision making (including profiling).
To exercise your rights please contact us as stated under Sec. 7 (Contact us) below.
In case of complaints you also have the right to lodge a complaint with the competent data protection supervisory authority.
Your personal data will be retained as long as necessary to provide you with the services and products requested. Once our relationship has come to an end, we will either delete your personal data or anonymize your personal data, unless statutory retention requirements apply (such as for taxation purposes). We may retain your contact details and interests in our products or services for a long period of time if Essity is allowed to send you marketing materials. Also, we may be required by applicable law to retain certain of your personal data for a period of 10 years after the relevant taxation year. We may also retain your personal data after the termination of the contractual relationship if your personal data are necessary to comply with other applicable laws or if we need your personal data to establish, exercise or defend a legal claim, on a need to know basis only. To the extent possible, we will restrict the processing of your personal data for such limited purposes after the termination of the contractual relationship.
Essity HMS North America
2929 Arch St.
Suite 2600, Cira Centre
Philadelphia, PA 19104
The contact details of our data protection officer are as follows:
Essity Hygiene and Health Aktiebolag
Mölndals bro 2
431 31 Mölndal, Sweden
With over 50 years of experience, TENA® is the worldwide leader in the management of continence care and personal hygiene, providing products and services for individuals and healthcare services throughout 90 countries.
We are committed to developing products and services that minimize the impact of urine leakage on people’s everyday lives.
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Essity is a leading global hygiene and health company. In North America, Essity develops and produces the leading global brands TENA, Tork and BSN medical.
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