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Last updated: August 2018

Fluidigm Corporation is the Data Controller. This means that Fluidigm decides how your Personal Data is processed and for what purposes.

Fluidigm may update this Privacy Policy from time to time, so please review it frequently. If we make any material changes to our Privacy Policy, those changes will apply to data collected after the effective date set forth above, and we will notify you by placing a notice on our Site prior to the change becoming effective. Your use of this Site indicates that you have reviewed and accept this Privacy Policy and our Web Terms.

Types of Data and Collection Methods

Through the Site, we receive data that you actively submit as well as data that we track (“Types of Data Collected”):

  1. Identity Data includes first name, last name, username or similar identifier.
  2. Contact Data includes billing address, delivery address, email address and telephone numbers.
  3. Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  4. Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Site.
  5. Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  6. Usage Data includes information about how you use our Site, products and services.
  7. Marketing and Communications Data includes your preferences in receiving marketing from us.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. However, if we (can) combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

In processing your Personal Data, we pledge to fully comply with applicable data protection laws.

Collection Purposes, Use and Legal Basis for the Collection of Personal Data

Most of the Site’s services do not require the collection of Personal Data, allowing you to visit our Site without telling us who you are. However, some services, such as requests for information, require the disclosure of Personal Data. We process Personal Data for specific and limited purposes, which we try to inform you about when we ask you for information. For example, we may collect and use Personal Data such as your name, organization, email, and other contact details in order to provide you with products or services or to communicate with you for other purposes. We may use your contact details to audit downloads of information from the Site and to make follow-up contact with you by email in relation to the material you have accessed.

Our Site may include community discussion forums and areas for comments. By submitting your comments in those forums or areas, you give us permission to use those comments for any of Fluidigm’s business purposes.

We endeavor to assure that any sensitive personally-identifiable data is processed by entities with special expertise and safeguards devoted to the processing of such data. For example, all credit card data will be processed by Authorize.Net LLC, the privacy policy of which can be found here, after being passed through an SSL-encrypted socket from a form on our Site. We will not store any cardholder information.

Below please find a list of the Personal Data collected, how the Personal Data is used, and why we use this Personal Data.


 

What we collect

How we use it

Why we use it (legal basis)

1

Information that you give us to make a purchase, including:

  • Your contact details including: your name, address, email address;
  • Your bank account details;
  • The details you provide to open an online account with us;
  • The product(s) purchased.

We use this information in order to:

  • Provide our products and services;
  • Manage and administer our services;
  • Process your order(s);
  • Take payment from or give you a refund;
  • On-board you as a client;
  • Help us ensure that our customers are genuine and to prevent fraud;
  • Send regular price schedule updates.

We use this information because:

  • It's necessary to perform the contract.

2

Information about the way you use our services including:

  • The goods that we have provided or you've purchased;
  • When and where you have made the purchases;
  • What you paid and how;
  • Whether you've opened electronic communications from us;
  • Whether you have clicked on links in electronic communications from us.

We use this information in order to:

  • Develop new services;
  • Improve our services;
  • Identify products and marketing that may be of interest to you;
  • Personalize our service of things you're interested in and how you use our services;
  • Statistical analysis and research.

We use this information because:

  • We have a legitimate business interest to improve our service and better understand how customers use it.

3

Information when you communicate with us whether in person, through our Site or via email, over the phone, through social media or via any other medium, including:

  • Your contact details (this may include your social media account if that's the way you communicate with us);
  • The details of your communications with us;
  • The details of our messages to you.

We use this information in order to:

  • Answer any issues or concerns;
  • Monitor customer communications for quality and training purposes;
  • Develop new services;
  • Improve our services;
  • Personalize our service.

We use this information because:

  • We have a legitimate business interest in understanding customer feedback and in responding to customer communications in a consistent way.

4

Information provided as part of your account including:

  • Your username;
  • Your password;
  • Your account settings;
  • Your account preferences;
  • Your email address.

We use this information in order to:

  • Provide our services;
  • Manage and administer our systems;
  • Identify how you would like to use your account.

We use this information because:

  • It is necessary to provide an account;
  • We have a legitimate business interest in enabling you to update your preferences and settings online.

5

Information that we collect through your use of our Site including:

  • Device information such as operating system, unique device identifiers, the mobile network system;
  • Hardware and browser settings;
  • Date and time of requests;
  • The requests you make;
  • The pages you visit and search engine terms you use;
  • IP address.

We use this information in order to:

  • Provide our services;
  • Develop new services;
  • Improve our services;
  • Identify issues with the Site and user's experience of it;
  • Monitor the way our Site is used.

We use this information because:

  • We have a legitimate business interest in understanding how our Site is accessed, how it is used and any problems users have with it across multiple devices.

6

Information that we collect from third party partners and corporate customers which could include:

  • Credit reference agencies;
  • Payment processing companies;
  • Your bank;
  • Other entities in our group.

We use this information in order to:

  • Provide our services;
  • Manage and administer our systems;
  • Take payment from or give you a refund;
  • Help us ensure that our customers are genuine and to prevent fraud;
  • Personalize our service;
  • Statistical analysis and research into our clients;
  • Combine this information with other types of information mentioned above.

We use this information because:

  • It is necessary for the contract to provide our services, that we collect information from some third-party sources to process payments or give refunds;
  • It is necessary to verify details to meet legal and regulatory requirements for identifying our customers;
  • It is necessary in the public interest that we can verify identities and prevent fraud;
  • We have a legitimate business interest in receiving information from other entities in our group about shared customers;
  • We have a legitimate business interest in understanding our customer base.

7

Information that we collect incidentally from other sources or public sources, including:

  • Information available in the media;
  • Information presented on our social media timelines;
  • Information collected by security systems.

We use this information in order to:

  • Maintain market awareness;
  • Build and maintain social media branding;
  • Provide security to our Sites.

We use this information because:

  • We have a legitimate business interest in maintaining a public profile and being in both traditional and social media;
  • We have a legitimate business interest in providing security over our business.

8

Information that we collect from individuals representing organizations, including:

  • Contact details of individuals working for organizations;
  • Other personal information regarding such individuals.

We use this information in order to:

  • Build relationships with other organizations.

We use this information because:

  • We have a legitimate business interest in developing and maintaining relationships with vendors, partners and other companies and dealing with individuals who work for them.

 

Change of Purpose and Further Processing
 
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
 
If we need to use your Personal Data for an unrelated purpose, to the extent legally required, we will notify you and we will explain the legal basis that allows us to do so.
 
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

Data Retention

We will retain your Personal Data as necessary to fulfill the purposes outlined in this Privacy Policy, unless otherwise required by law. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. For more information about Fluidigm's Document Retention Policy, click here.

 

Disclosure and Transfer of Personal Data

Fluidigm will not sell Personal Data collected via Fluidigm.com to third parties outside Fluidigm. However, Personal Data may occasionally be transferred to Fluidigm affiliates and to third parties (who may be located outside the European Economic Area (EEA)) who act for or on behalf of Fluidigm or in connection with the business of Fluidigm, for further processing in accordance with the purpose(s) for which the data were originally collected. Where disclosure of Personal Data to a third party is likely or necessary for whatever reason, Fluidigm will, wherever possible, endeavor to ensure that the disclosure and intended use of the data are clearly indicated. Such third parties may operate under different privacy policies.

Also, Fluidigm may disclose the Personal Data collected (i) where disclosure is necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority; (ii) where disclosure would potentially mitigate Fluidigm liability in an actual or potential lawsuit; (iii) where disclosure is otherwise necessary to protect Fluidigm rights or property; (iv) where disclosure is necessary to protect the legal rights or property of others, including to protect the confidentiality or security of your Personal Data; (v) as part of a bankruptcy, merger, reorganization, or a sale of the assets of Fluidigm, a subsidiary, or division; (vi) where disclosure is necessary in connection with other business purposes including, without limitation, customer care, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends and dispute resolution; (vii) where disclosure is necessary for us to provide it to our attorneys, accountants, regulators, auditors or other advisors; or (vii) where disclosure is otherwise necessary for us to disclose it as required or permitted by law.

Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  1. We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission (in accordance with article 45 GDPR), such as Canada when the data is sent to Fluidigm Canada.
  2. Where we use certain service providers or send the data within the Fluidigm Group outside the EEA, we may use specific contracts approved by the European Commission, which give Personal Data the same protection it has in Europe (in accordance with article 46 GDPR). For more information on the EU Standard Contractual Clauses, click here.
  3. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to Personal Data shared between the Europe and the US (in accordance with article 46 GDPR). For more information on the EU/US Privacy Shield, click here. If you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA, please contact Fluidigm's Data Privacy Officer, Evelyne Marino, at Fluidigm France SARL, 1 avenue de l’Atlantique, Les Conquérants, bâtiment Kilimandjaro, 91940 Les Ulis, dpo@fluidigm.com, Tel: +33 (0)6 49 59 44 77.

 

Non-Personally-Identifiable Data and "Cookies"

The Site uses a technology called “cookies” to estimate and report Site traffic and to help improve the contents of the Site. A cookie is a small data file transferred by a website to your computer’s hard drive. Cookies do not damage your computer and cannot be used to run programs or deliver viruses. We use cookies for a variety of purposes including to (i) remember that you have visited us before so we can identify the number of unique visitors we receive; (ii) customize elements of the promotional layout and/or content of the pages of Fluidigm.com; (iii) collect statistical information about how you use the Site so that we can improve the Site and learn which parts of the Site are most popular to visitors. The cookies used on Fluidigm.com do not allow access to users’ personal information, but the cookies may be used to identify individual computers.

You have the ability to accept or decline cookies by modifying the settings of your web browser. If you choose to decline cookies, you may not be able to fully experience the interactive features of Fluidigm.com or other websites that you visit. You can also learn more about cookies by visiting www.allaboutcookies.org or www.cnil.fr (France), which include additional useful information on cookies and how to block cookies using different types of browser.  

Here are the types of cookies we use in addition to other information you should consider when accessing Fluidigm.com:

Name

Type

Type of data

Expiry time

Purpose

cfduid

https://support.cloudflare.com/hc/en-us/articles/200170156-What-does-the-Cloudflare-cfduid-cookie-do-

Performance cookie

IP Address 

12 months

Used by Cloudflare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. The cookie allows Fluidigm to identify that client and not challenge them again. It does not correspond to any user ID in your web application, and does not store any personally identifiable information.

JSESSIONID

Tracking cookie

IP Address 

At the end of the session

Used to keep user session. Fluidigm does not store any personal information on the cookie itself, just the session id.

BIGipServerabbweb_apps_https

https://documents.marketo.com/legal/cookies/

 

Performance cookie

IP Address 

At the end of the session

Used by Marketo to distribute traffic to the website on several servers in order to optimize response times (load balancing).

fluidigmlogged

Tracking cookie

Logged in or not

At the end of the session

True/False flag if user is logged in to the Fluidigm.com website.

Fluidigm May Also Employ Technologies Such as the following:


"Local Shared Objects," "LSO's," or "Flash Cookies" are data files similar to cookies, except that they can store more complex data. These are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services. Cookie management tools provided by your browser will not remove them. To learn how to manage privacy and storage settings for LSO's or Flash Cookies http://www.adobe.com/devnet/flashplayer/articles/privacy.html..

"Web beacons" or "clear pixels" are small graphic images on a Web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.

A "web server log" is a record of activity created by the computer that delivers the webpages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you the webpage. The Web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.

Google Analytics” is a web analysis service provided by Google. Google utilizes cookie and usage data collected to track and examine the use of www.Fluidigm.com, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. Find Google's privacy policy here.

A "widget" is a program or application that can be embedded in a web page or mobile application. Widgets can provide real-time information, such as stock quotes or weather reports, or take information, such as online orders. Widgets are often provided and hosted by a third party, and may allow that third party to collect data about users viewing that page or interacting with that widget, possibly subject to privacy policies other than Fluidigm’s.

 

Your Rights

You may have certain rights pertaining to your Personal Data, which may include access, rectification, erasure, restriction, objection, and data portability. Below we set out your rights under the GDPR in more detail. These rights are not absolute and are limited by applicable law.

If you wish to exercise any of these rights, please send an email to dpo@fluidigm.com. We will respond to your request within one month, but have the right to extend this period with two months if the request is particularly complex or if you submit a large number of requests. If we extend the response period, we will let you know within one month from your request. Please note that we may ask you to verify your identity before taking further action on your request.

  • Access: you are entitled to ask us if we are processing your Personal Data and, if we are, you can request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it. Please note that to help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
  • Correction: you are entitled to request that any incomplete or inaccurate Personal Data we hold about you is corrected.
  • Erasure: you are entitled to ask us to delete or remove Personal Data in certain circumstances. It may not always be possible for you to use this right if, for example, if it is still necessary for us to perform under an agreement we have with you or we need to keep the information by law or because of a legal dispute.  

  • Restriction: you are entitled to ask us to suspend the processing of certain of your Personal Data, for example if you want us to establish its accuracy or the reason for processing it. 

  • Portability: you may request the transfer of certain of your Personal Data to another party. To help with that you have a right to ask that we provide your information in an easily readable format to another company.
  • Objection: where we are processing your Personal Data based on a legitimate interest (or those of a third party) you may object to processing on this ground. However, we may be entitled to continue processing your information based on our legitimate interests.          
  • Withdraw consent: where we are processing your Personal Data on the legal basis of consent, you may withdraw your consent at any time by sending an e-mail to dpo@fluidigm.com. If you no longer want to receive direct marketing communications you can also click the unsubscribe link included in each e-mail we send you.

 

What We May Need from You When Exercising Your Rights

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Complaints

If you have a complaint about the way we process your Personal Data, we request that you contact us at dpo@fluidigm.com to allow us to solve the complaint. However, you also have the right to file a complaint with the supervisory authority in the EU Member State where you live or work, or in the EU Member State in which the alleged infringement regarding the processing of your Personal Data took place. A list of supervisory authorities in the European Union can be found at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Links to Other Sites

This Privacy Policy applies only to Fluidigm.com and does not include third-party websites. Fluidigm.com may include links to other websites that we believe may be of interest to our visitors. We aim to ensure that such websites meet the highest standard. However, due to the nature of the World Wide Web, Fluidigm cannot guarantee the standards of every website link it provides or be held responsible for the contents of non-Fluidigm websites. We encourage you to be aware when you are leaving Fluidigm.com and read the privacy statement of the website that you visit prior to providing any personal information.

Security

We follow generally accepted industry standards, including physical, technical and administrative measures, to protect the information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet is 100% secure. Therefore, while we strive to use generally acceptable means to protect your information, we cannot guarantee its absolute security.

Children

Our Site is intended for a general audience, and we do not knowingly collect information about children or sell products or services to children. Consistent with the Children’s Online Privacy Protection Act, we do not knowingly collect personal information from anyone under the age of 13. If you are under the age of 13, you must ask your parent or guardian to assist you in using Fluidigm.com.

California Privacy Rights

California Do-Not-Track Disclosure: We treat the data of everyone who comes to the Site in accordance with this Privacy Policy, whatever their Do-Not-Track setting. We give you choices about turning off tailored advertising, sharing your information with third parties, and receiving promotional offers. You can exercise your choices as described in our Privacy Policy.

Questions and Feedback

If you have any questions or complaints about this Privacy Policy or Fluidigm’s information handling practices, you may email us at Privacy@fluidigm.com or contact us at:

  • For persons whose Country of Residence is the United States or Canada: Fluidigm Corporation, 7000 Shoreline Court, Suite 100, South San Francisco, California 94080, Attention: Nick Khadder, General Counsel, Tel: (650)-416-7410.
  • For persons whose Country of Residence is within the EEA, Singapore or any other country outside of the United States or Canada: Fluidigm France SARL, 1 avenue de l’Atlantique, Les Conquérants, bâtiment Kilimandjaro, 91940 Les Ulis, France, Attention: Evelyne Marino, Data Protection Officer, Tel: +33 (0)6 49 59 44 77.