Privacy Policy

Last modified: January, 2020.

Introduction

Purpose. The purpose of this Privacy Policy is to describe how Pelican BioThermal, LLC ("Pelican BioThermal") collects, uses and shares information about you through our U.S. online interfaces (e.g., websites and mobile applications) owned and controlled by us, including www.pelicanbiothermal.com (collectively referred to herein as the "Site"). Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to Contact Us or as described at the end of this Policy.

Our Privacy Policy explains:

Scope; Third Party Sites. This Privacy Policy applies only to information we collect at and through the Site. Our Site also contains links to third party sites that are not owned or controlled by Pelican BioThermal. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personal information.

Terms of Use. Please note that your use of our Site is also subject to our Terms of Use.

Information We Collect and Why We Collect It

Information You Provide To Us

Types of personal information we collect when you provide it to us include:

  • Name
  • Address
  • Email address
  • Telephone number

Information Collected Through Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. ("Google") to collect certain information relating to your use of the Site. Google Analytics uses "cookies", which are text files placed on your computer, to help the Site analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for Site operators and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/analytics/terms/us.html.

Information Collected Through Cookies and Similar Technologies

We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Site through your computer or mobile device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Site again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies.

No Information From Children Under Age 13

If you are under the age of 13, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we have collected personal information from a child under the age of 13, please Contact Us or call us at (877) 537-9800.

How We Use and Share Your Information

To Provide the Site and Information about our Products

We collect information from you so that we can provide you with access to the features of our Site, and provide information that you request from us. We may send you information about our products and services, and new offerings. We may provide information to third party service providers that help us process orders, and fulfill and deliver products and services that you purchase from us.

We may use third parties to help host our Site, send out email updates about the Site, provide marketing and advertising services for us, remove repetitive information from our user lists, and process payments. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.

Your Consent

In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside of Pelican BioThermal when we have your consent to do so.

Legal Proceedings

We will share personal information with third party companies, organizations or individuals outside of Pelican BioThermal if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

  • Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
  • Enforce applicable Terms of Use, including investigation of potential violations.
  • Detect, prevent, or otherwise address fraud, security or technical issues.
  • Protect against harm to the rights, property or safety of Pelican BioThermal, our users, customers or the public as required or permitted by law.

Transfer in the Event of Sale or Change of Control

If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Site to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

Access to Your Information and Choices

If you have questions about personal information we have about you or need to update your information, you can Contact Us or call us at (877) 537-9800. You can opt-out of receiving marketing and promotional e-mails from Pelican BioThermal by using the opt-out or unsubscribe feature contained in the e-mails.

Security of Your Information

We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

Consent to Data Processing in the United States

Our Site is operated and managed on servers located and operated within the United States. By using and accessing our Site, residents and citizens of countries and jurisdictions outside of the United States agree and consent to the transfer to and processing of personal information on servers located in the United States, and that the protection of such information may be different than required under the laws of your residence or location.

Changes to Our Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

Questions and How to Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please Contact Us, email us at sales@pelicanbiothermal.com, call us at (877) 537-9800, or contact us by US postal mail at the following address:

Pelican BioThermal, LLC
3020 Niagara Lane N
Plymouth, MN 55447

Provisions Applicable to California Residents

The provisions below up to the section entitled “Changes to Our Privacy Policy” relate solely to residents of the State of California (“consumers” or “you”). We included this section to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this section. If you are a California resident with disabilities and need to be provided with an accessible version of this section or the policy as a whole, please Contact Us, email us at sales@pelicanbiothermal.com or call us at (877) 537-9800.

Information We Collect

Our Site collects information that identifies, relates to, describes, references, is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, our Site has collected the following categories of personal information from its consumers within the last twelve (12) months:

  • Category A (Identifiers): including, your real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name or other similar identifiers.
  • Category B (Personal information categories under the California Customer Records Statute): including, name, address or telephone number.
  • Category C (Internet or other similar network activity): including, your browsing history, search history, information on a consumer’s interaction with a website, application or advertisement.

For purposes of this section, personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Other information excluded from the CCPA’s scope as expressly set forth in the statute.

Note that information Company obtains from a consumer acting on behalf of a company and whose communications with Company occur solely within the context of Company conducting due diligence regarding or providing or receiving a product or service to or from another company, are generally exempt from much of CCPA.

Company obtains personal information listed above from the following categories of sources:

  • For all of the above categories collected, we collect this information directly from you.
  • For Categories A (identifiers) and C (internet or other similar network activity information), we collect this information indirectly from you, such as when you navigate our site or interact with its features as set forth elsewhere in our privacy policy.

Use and Disclosure of Non-Exempt Personal Information

We use and disclose all of the above categories of personal information only as expressly set forth above in in this Privacy Policy or with your consent. For clarity, we use identifiers and internet or similar network activity information for:

  • Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions and auditing compliance with applicable law.
  • Short-term, transient use, provided your personal information is not disclosed to a third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
  • Testing, research, analysis and product development and demonstration, including to develop and improve our Site, products and services.

For all of the above categories of personal information collected, we will also use your personal information as described to you when collecting it or as otherwise permitted by the CCPA. Company will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you notice.

When we disclose personal information for a business purpose, we generally enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed all of the above categories of personal information collected for a business purpose to third party vendors who provide marketing, payment processing and other services to us.

Pelican BioThermal may share some information obtained through cookies and other tracking technologies with third parties that provide marketing or analytical services to Pelican BioThermal. A cookie is a small piece of data sent from a website and stored on the user's computer by the user’s web browser while the user is browsing. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services. If you do not want to share cookie or other tracking technology information with Pelican BioThermal, you can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. You can find more information about cookies at http://www.allaboutcookies.org.

Your Rights and Choices for Non-Exempt Information

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Pelican BioThermal disclose certain information to you about our collection and use of your CCPA covered personal information over the past twelve (12) months. Once we receive and verify your request (see Exercising Access, Data Portability and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we disclosed your personal information for a business purpose, a list identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Pelican BioThermal delete any of your CCPA covered personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you or otherwise perform our contract with you.
  • Detect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity or prosecute those responsible for such activities.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information are permitted by law or that are compatible with the context in which you provided it.

Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by Contacting Us, emailing us at sales@pelicanbiothermal.com or calling us at (877) 537-9800.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf (“an Authorized Agent”), may make a verifiable consumer request related to your personal information. Please note that Pelican BioThermal is not obligated to provide information to a consumer in response to a request more than twice in a twelve (12) month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an Authorized Agent. Before completing your request to exercise the below, we will verify that the request came from you based on information we have for you in our records or though some other method in compliance with the CCPA.

Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. With few exceptions, we will only review and fulfill a request from your Authorized Agent if (a) you grant the Authorized Agent written permission to make a request on your behalf, (b) you or the Authorized Agent provides us notice of that written permission and (c) we are able to verify your and the Authorized Agent’s identity in connection with that notice and the request.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

You have the right not to receive discriminatory treatment by us for exercising any of your rights under the CCPA. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. At the time of offering any financial incentive, we will provide a summary of the incentive and further information relating to the material terms, opt-in methods and how you may withdraw your consent or opt-out of such incentive. We also will provide further explanation as to how the incentive complies with CCPA.