TERMS AND CONDITIONS

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Bausch+Lomb”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Bausch+Lomb. “Party”, “Parties”, or “Us”, refers to both the Bausch+Lomb and ourselves, or either the Bausch+Lomb or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to Bausch+Lomb in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting Bausch+Lomb’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.


DISCLAIMER

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, Bausch+Lomb: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Bausch+Lomb’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Bausch+Lomb of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. Bausch+Lomb does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability

Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Bausch+Lomb. Bausch+Lomb does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Bausch+Lomb, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Bausch+Lomb on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

What is a cookie
We use cookies on our website. A cookie is a text file containing small amounts of information that is downloaded on your device's storage mechanism when you access a webpage on the website, and that can subsequently be accessed by our web servers.

Cookies can be installed by Bausch or a third party:
First-party cookies are installed and managed by Bausch. They are specific to the Bausch website which you visit.
Third-party cookies are installed and managed by a third party. They are installed during your visit to a Bausch website and allow certain information to be sent to third parties upon your return to the Bausch website.

Cookies can be temporary or persistent:
Temporary or session cookies are temporarily stored in your computer or mobile device. As soon as you close your browser, these cookies are automatically deleted.
Persistent cookies remain on your device for a longer time, even after you close your browser. They remain on your device until the expiration data is reached and then a new version of the cookie is installed or sometimes, or until you delete them manually. They make it possible to recognize you during a subsequent visit to the website.

The duration depends on the purpose for which certain types of cookies are installed in your computer. For example, a session cookie may be used to allow visitors to be recognized within a set of webpages, so that any choices or data selection made by that user are remembered from page to page.

Cookies can be described based on their function and intended purposes. Some cookies are considered essential to your navigation, while others are performance-measuring cookies. You can also have cookies of a functional nature, of cookies that collect data for marketing purposes.

Strictly Necessary Cookies : These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.

Performance Cookies : These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.

Functional Cookies : These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services may not function properly.

Targeting Cookies : These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social Media Cookies : These cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

When you visit our websites, you may be presented with a cookie-setting banner that allows you learn more about what types of cookies we use, the purpose they serve, their lifespan, and their provenance, to manage the settings and accept or deny the cookies. It is legally permitted to store cookies on your machine if they are essential to the operation of the website, but for all other types of cookies we need your permission to do so. On Bausch websites, you have the option to consent to the use of cookies while visiting the website for the first time when a cookie banner will be shown or manage these settings anytime later by clicking the Cookie Settings link in the footer of the website. These cookie settings give you the option of accepting or denying your consent to every category of cookies (with the exception of the necessary cookies which are always active).

Our Web servers may passively collect data through the use of cookies and other means on your computer and Internet connection, such as the IP address of your computer and/or Internet service provider, the date and time you access the Web Site, the Internet address of websites from which you link to our Web Site, the computer technology you are using and your movements and preferences on our Web Site. We may also use such cookies to collect information in connection with future visits to the Web Site (such as to remember username and password), to recognize you as a previous visitor, and to track your activity on the Web Site.

This information is not used to personally identify you but help us to understand how visitors are interacting with our Web Site. These statistics contain no Personal Information and are only used by our technical support staff and marketing teams for purposes of Web Site administration. We reserve the right to use other technologies such as Internet tags, web beacons, and navigational data collection tools. We may combine data gathered through cookies and other tracking technologies with Personal Information, although when we do, we treat all such data as Personal Information for purposes of this Privacy Policy.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Bausch+Lomb will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to Bausch+Lomb’s services and the full content of this website.

Communication

We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, fax or mobile telephone numbers.

Disclaimer

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

By accessing this website you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Bausch+Lomb to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Bausch+Lomb.

Notification of Changes

Bausch+Lomb reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between Bausch+Lomb and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.

PRIVACY POLICY

Effective Date: 31 October 2023

This website is controlled by Soflens (Pty) Ltd (“Bausch” or “we”), the data controller.

This website privacy policy (the “Privacy Policy”) describes how we collect, use, transfer and disclose information relating to you (“Personal Information”) that we may obtain through this website or through any mobile page, application, or other service. The website privacy policy covers how we respect your privacy rights with respect to the processing of your Personal Information in relation to the Services, and/or for the purposes described in this Privacy Policy.

Collection and Use of Personal Information

Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, some services may require you to voluntarily provide us with Personal Information, which may include information such as your name, email address or telephone number. We may collect and use this Personal Information to provide you with products, services, and customer support, to bill you for products and services you request, to market products and services which we think may be of interest to you, or to communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect your Personal Information.

We may collect certain Personal Information that does not directly identify you, but which makes identification possible through the combination of other information or identifiers such as your company name and position or ID number. Personal Information may also include information such as computer or device serial numbers, IP addresses or information relating to a company (legal person). If you submit personal information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Data collection related to Social Media Platforms

You may also provide your social media profile information including name, email address, contact details, comments and reactions (for example by using the like button or sharing contents and posts ) when you interact with us on social media pages and platforms or using your social media login credentials to authenticate on our website.

We may also collect Personal Information that you made publicly available on public social media platforms (including blogs, forums etc.), related to Bausch or Bausch products, and more in general about products, drugs or diseases. This activity, called “social media listening”, is based on our legitimate business interests, for example to (i) have a better understanding of how certain key audiences discuss about Bausch reputation and our products (ii) identify key-stakeholders, in particular bloggers and social media influencers, to initiate contact with them.

This may include your Personal Information in form of comments, messages, blogs, photos and videos, although we will take steps to limit this Personal Information to the minimum necessary and keep it for no longer than necessary for the social media listening activity. If you want to limit further who can see your information, we recommend that you use the privacy settings available to you on such platforms.

Please note that Social Media platform owner may also collect personal data and have access to information you share with us through their platform for their own purposes. Please when sharing your personal information on a public social media platform, familiarize yourself also with the privacy policy of that specific platform as these platforms are not owned and managed by Bausch. It may be possible (for example in case of dedicated Fan pages) that we are jointly responsible with the operator of the respective social network for the operation of our profile page or the social plugin with regard to compliance with data protection regulations. Within this framework, the operator of the social network provides the corresponding IT infrastructure as well as the social network website and is basically the primary contact person when it comes to processing your data on the social network pages (e.g. information or deletion). However, you can also assert your legal rights against us. In this case we will forward your requests to the operator of the social network.

Information on side effects and quality complaints

Our websites and Social Media Channels are not intended or designed for communications regarding undesired side effects, lack of therapeutic effect, medication errors, incorrect or off-label use, quality complaints and/or other issues regarding the safeness or quality of our products. If you wish to report side effects or make a quality complaint, please contact your health care professional, your local health authority, or use ocuvite.co.za for the report of undesirable side effects.

If you nevertheless report to us undesirable side effects or other issues regarding the safeness or quality of our products, we will be legally bound to deal with your communication and may have to may contact you for clarification purposes.

Data Collection for the provision of a service

We may also process your personal information to provide a service, such as the online ordering system, and to manage any orders from that system. (Customers and B2B)

In case an account to access our online ordering system is created , we may collect your full name, email address, customer number, username, password and date of the creation of your account. We may also collect your telephone number if you provide it to us on an optional basis. When you access our online ordering system with your account, we create a login ID and we record the date and hour in which you logged in.

When you order products online we collect your contact details, information about the product(s) ordered or returned, order reference number, shipping information, payment information and other information necessary to execute the transaction.

In some of the circumstances above we may seek your consent for the collection and use of your Personal Information. This will be the case, for example, for the use of certain cookies, for the use of your email address or mobile phone number for advertising purposes, or when you subscribe to certain services (e.g., a regular newsletter). You will always have the possibility of withdrawing this consent. You can do so by contacting us at the contact information below (see also the dedicated cookie section).

The Personal Information we collect, is also used by us for internal purposes such as improving our products and promotions, managing customer accounts, learning about our customers’ needs and contacting customers for research and informational purposes.

We may process your Personal Information in the context of a corporate transaction and to protect our rights or property, to enforce our terms of use and legal notices and for the establishment, exercise and defense of legal claims.

We may also process your Personal Information to meet tax, accounting and other legal obligations, for example, in the context of commercial transactions. In addition, we process your Personal Information when required by law or compelled by court order or other binding decision.

Our website is not directed at children. However, if you are under 16, you should not provide us with Personal Information without first obtaining a parent’s or guardian’s consent or authorization.

We will not use or share your Personal Information for purposes unrelated to those described in this Privacy Policy without first notifying you and, where required, offering you a choice as to whether or not we may use your Personal Information in this different manner.

Sharing Information

We may share your Personal Information for the purposes mentioned above with:
other entities of the Bausch group of companies (based on standard contractual clauses);
services providers in connection with the operation of this website and our company, including website hosting, the provision of technology related services, payment processing and authorization, dispatch and distribution of products ordered, product return and promotional material distribution – based on Data privacy agreements;
public authorities, government regulators or other law enforcement officials and the courts, as required or permitted by law or when compelled by a binding order; and
other third parties in connection with a corporate restructuring, sale or assignment of assets, merger, or divestiture of Bausch or any of our subsidiaries or affiliated companies.

When sharing your Personal Information with entities located in countries outside the EEA or Switzerland that do not provide for an equivalent level of data protection, we will put in place contractual guarantees (i.e., model clauses approved by the European Commission) in accordance with applicable data protection law. You can use the contact information below to request more information.

Data Security

We maintain appropriate technical, physical and organizational measures to protect Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no information security system can be 100% secure. As a result, although we strive to protect your Personal Information, we cannot ensure or warrant the security of the Personal Information against unpredictable loss or unauthorized access.

Your Rights

Subject to restrictions under applicable law, you have the right to request from us access, rectification, erasure, restriction and discontinuance of processing, and portability of your Personal Information and not to be subject to automated individual decision-making. Such requests can be addressed to the contact information below.

Data Integrity

We take reasonable steps to ensure that the Personal Information we collect is relevant for the purposes for which it is to be used and that the Personal Information is reliable for its intended use and is accurate, complete and current. However, in some cases we must rely on individual users to provide and maintain accurate Personal Information. You are responsible for making sure that your information is up-to-date and accurate when you provide it to us and where our services offer you the tools to maintain your information.

Retention of Personal Information

We will only retain Personal Information for as long as we are required to do so by applicable law(s), or for as long as necessary for the purpose(s) for which it is processed. We will delete Personal Information when it is no longer needed and, in any case, upon expiration of the maximum storage term set forth in applicable law.

Changes to This Privacy Policy

If we make any material changes to this Privacy Policy, we will post a revised link on the home page of the website that indicates “Revised Privacy Policy” or a comparable notification about the changes. You should check this website periodically to see if any recent changes to this Privacy Policy have been made. You can also tell if this Privacy Policy has changed recently by reviewing the Effective Date posted at the beginning of this Privacy Policy.

Links to Other Internet Websites

The privacy practices set forth in this Privacy Policy are for this website and other specified activities only. Other websites hosted by third parties may have different practices. If you link to or otherwise visit any other websites managed by third parties, please review the privacy policies posted at those websites. We have no control over those websites and are not responsible or liable for the policies and practices followed by third parties.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please contact us at DPO@bausch.com.
If you have any concerns or complaints about our use of your Personal Information, you can contact our Data Protection Officer at: DPO@bausch.com.
If you think that your complaint has not been adequately addressed, you may have a right to lodge a complaint with the Supervisory Authority for privacy in your country.