Last Modified January 2018
The Information We Collect
Some functions of our Sites may allow you to voluntarily supply us with personal information, including your name, email address, and other contact information. In addition, you may be able to submit information to us through links provided on the Sites. You may decline to provide your personal information but, as a result, you may not have access to, or the benefit of, those features. Delcath also may retain electronic communications you send through the Sites or links provided on the Sites.
Delcath also may track websites information about visits to this Sites. For example, statistics are compiled that show the daily requests received for particular files on the Sites and what countries those requests come from. These aggregated statistics are used to customize our Sites to better meet your needs and may also be provided to others.
We may use “cookies” or “web beacons.” A “cookie” is an element of data that a websites can send to your browser, which may be stored on your computer, device, or system. Cookies allow us to better serve visitors to our Sites by offering a tailored experience. A “web beacon,” also referred to as a “spotlight” or “pixel tag,” is used to recognize unique cookies and assist us in determining which advertisements bring users to a specific websites or page. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. If you decline to accept the cookie, it will also disable the web beacon. Delcath, from time to time, permits third parties to apply cookies when you visit the Sites. However, the Sites gives you a means to control how they are placed and used. You may be able to use “Do Not Track” features of the browser used to access this Sites. Different browsers use different methods to communicate such “Do Not Track” signals, and the industry has not yet adopted a uniform method to do so. For this reason, our Sites may not be able to interpret or respond to “Do Not Track” signals.
Your information may be stored on third-party data storage systems and, in those instances, Delcath requires those third parties to employ strict security practices and systems designed to protect the security of the information.
How We Use Your Information
Delcath (and third parties acting on Delcath’s behalf) may use the information you submit to: (i) contact you; (ii) improve the Sites; (iii) personalize your experience on the Sites; (iv) comply with legal requirements; (v) provide you with information or services that you have requested; (vi) respond to your inquiries regarding careers, research opportunities, and investor information; (vii) provide you with additional information that Delcath believes may be of interest to you; (viii) improve products and services; and (ix) identify individuals who have benefitted from our products and services. Any lists used to provide your information are designed to protect the privacy and security of your personal information. Delcath will make every effort to remove names from any postal mail or email lists.
Because Delcath considers the personal information we maintain to be confidential, our policy is to disclose no personal information other than as we may inform you, including as described in this Policy where such disclosure is required by law or is pertinent to a judicial or government action or investigation. In addition, Delcath may disclose information to third parties that assist Delcath in administering the Sites and the communications made through the Sites. Delcath does not otherwise sell or rent personal information to other persons or entities except as specifically disclosed at the point of collection.
The Transfer of Data to Other Countries
Our Sites may contain links to other websites, and we make every effort to link only to sites that share our high standards and respect for privacy. However, Delcath is not responsible for the content of, or the privacy practices employed by, those other sites, so we recommend that you read the privacy policies and terms associated with these third-party websites carefully.
Delcath does not knowingly collect any personal information (such as name, address, and telephone number) from children under 13 years of age through its Sites. Delcath will specifically instruct children under 13 not to submit such information to this Sites. We do not currently allow children under 13 to register for, or participate in, contests or promotions on this Sites. However, if the parent or guardian of a child under 13 believes that their child has provided us with personally identifiable information, that parent or guardian should contact us if they want this information deleted from our systems. If Delcath obtains knowledge that it has personally identifiable information about a child under 13 in retrievable form in its files, we will delete that information from our existing files. In addition, anyone under 18 years of age should seek their parent’s or guardian’s permission prior to using or disclosing any personal information on this Sites.
Links to Social Media
We use secure servers and suppliers with strict controls to safeguard your personal and other information from unauthorized access or use. While we have procedures and security features in place to keep the data secure once we receive it, sending information over the internet is generally not completely secure, and we cannot guarantee the security of the data while it’s in transit.
Your California Privacy Rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits California residents to request and obtain once a year, free of charge, information about the personal information (if any) that Delcath disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please email your request to: firstname.lastname@example.org
If you have any questions or concerns about the way your Personally Identifiable Information is used and handled, please e-mail us at email@example.com.
How to Contact Us
Delcath Systems, Inc
New York, NY 10019
Telephone: (212) 489-2100
Fax: (212) 489-2102
Last Modified: January 2018
These Websites are offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are at least 13 years old. If you are not, you must not access or use the Websites.
Accessing the Websites and Account Security
We reserve the right to cease operation of, or modify, theseWebsites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website
Intellectual Property Rights
The Websites and their entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
You may store files that are automatically cached by your Web browser for display enhancement purposes
You may print or download one copy of a reasonable number of pages of the Websites for your own personal, noncommercial use, and not for further reproduction, publication, or distribution
You must not:
Modify copies of any materials from our Websites
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from these Websites
You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.
The Company name and Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All registered and unregistered trademarks, including other names, logos, product and service names, designs, and slogans on these Websites are the trademarks of their respective owners.
You agree not to use the Websites:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries)
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing)
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by us, may harm the Company or users of the Websites or expose them to liability
Additionally, you agree not to:
Use the Websites in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use of the Websites.
Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent
Use any device, software, or routine that interferes with the proper working of the Websites
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites
Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack
Otherwise attempt to interfere with the proper working of the Websites
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
These Websites may include content provided by third parties. All statements expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
The information and advice published or made available through these Websites is for informational purposes only, is not a substitute for professional medical advice or services, and does not constitute or establish a physician-patient relationship. You should not use the information on these Websites for diagnosing or treating a medical or health condition. You should consult a physician or other health care provider in all matters relating to your health, and particularly with respect to any symptoms that may require diagnosis or medical attention. Any action on your part in response to the information provided in these Websites is at your discretion.
The information included in (or accessible from) these Websites may contain forward-looking statements that involve risks and uncertainties, including statements with respect to the safety, efficacy, potential benefits, and successful development of certain treatments or products which contain factors that are beyond Delcath’s control. Among the factors that could cause actual results to differ materially from those indicated by such forward-looking statements are: the submission, acceptance, and approval of regulatory filings; the results of clinical trials with respect to products under development; the scope of Delcath’s patent protection with respect to such product candidates; the commercial success of Delcath’s products; the ability of the Company to attract and retain qualified personnel; the performance of Delcath’s licensees; the availability of sufficient funds to continue research and development efforts; and certain other factors that may affect future operating results and are detailed in any periodic reports filed with the Securities and Exchange Commission.
When used on the Websites, words like “anticipate,” “believe,” “expect,” “intent,” “may,” “plan,” “predict,” “project,” “target,” “potential,” “will,” “could,” “should,” “continue,” and similar expressions are intended to identify forward-looking statements designed to fall with securities law safe harbors for forward-looking statements. Such forward-looking statements involve substantial risks and uncertainties that could differ significantly from those expressed or implied by the forward-looking statements. None of the information contained on the Websites is intended to be, and shall not be deemed to be, incorporated into any of Delcath’s securities filings or documents. Delcath undertakes no obligation to update or revise any forward-looking statements.
Changes to the Websites
Linking to the Websites
You may link to our homepage, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you
Cause the Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site
Link to any part of the Websites other than the homepages
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable any links at any time without notice at our discretion.
Links From the Websites
The Websites contains links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for, and the policies (including privacy policies) of, such websites.
Delcath operates its business globally, and the Websites are maintained in locations including the United States. We make no claims that the Website or any of its content is accessible or appropriate in any particular country or jurisdiction. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside of its country or countries of operation, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR OTHER DATA AVAILABLE FOR ACCESS OR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND MECHANISMS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
American Cancer Society – Liver Cancer. Available at http://www.cancer.org/acs/groups/cid/documents/webcontent/003114-pdf.pdf. [Accessed September 2015]
The Liver, available at http://www.webmd.com/digestive-disorders/picture-of-the-liver. [Accessed August 2014]
A patient’s guide to liver cancer, available at http://www.cancer.med.umich.edu/files/liver-cancer-patient-handbook.pdf. [Accessed August 2015]
Tests & Screening, available at http://www.britishlivertrust.org.uk/liver-information/tests-and-screening/. [Accessed September 2015]
Tests of the liver. Available at http://www.hpblondon.com/tests-of-the-liver/. [Accessed August 2015]
American Cancer Society, available at http://www.cancer.org/treatment/survivorshipduringandaftertreatment/stayingactive/physical-activity-and-the-cancer-patient. [Accessed September 2015]
Rock, C.L, et al., 2012. Nutritional and physical activity guidelines for cancer survivors. CA Cancer J Clin , 62, 242-274.
The Emotional Effects of Cancer. Available at http://www.cancer.ie/sites/default/files/content-attachments/emotional_effects_2014.pdf. [Accessed September 2015]
National Cancer Institute – Feelings and Cancer, available at http://www.cancer.gov/about-cancer/coping/feelings. [Accessed September 2015]
World Cancer Research Fund International. Available at http://www.wcrf.org/int/cancer-facts-figures/worldwide-data. [Accessed September 2014]
Types of cancer specialists. Available at http://www.webmd.com/cancer/your-cancer-specialists-doctors-you-need-to-know. [Accessed August 2015]
Liver Cancer Connect. Available at http://livercancerconnect.org/questions-to-ask-questions. [Accessed September 2015]
Melanoma Ireland Ocular Melanoma. Available at http://melanomaireland.ie/ocular-melanoma/
MPNE Fact Sheet Ocular Melanoma Available at http://www.idcapture.co.uk/MPNE/docs/MPNEfactsheetOcularMelanoma.pdf
MacMillan Eye Cancer (Ocular Melanoma) Available at http://www.macmillan.org.uk/information-and-support/eye-cancer-ocular-melanoma