Policy Name: Cynosure Privacy Policy for Employees, Contractors, and Applicants Policy Effective Date: 11/1/2023
Locations on MyCynosure: Policies
Policy Owner: Data Protection Committee
Applies to: All Cynosure Employees, Contractors, and Applicants
Cynosure Privacy Policy for Employees, Contractors, and Applicants (this “Privacy Policy”).
This Privacy Policy relates to information collected online and offline by Cynosure, LLC (along with Cynosure, LLC’s Corporate Affiliates (as defined below), collectively, “Cynosure” “we” or “us” or “our”) from or about you solely in your capacity as a Cynosure employee (each, an “Employee”), as an independent contractor who is a natural person and has been engaged by Cynosure (including without limitation social media influencers (each, an “Influencer”) and professionals (including healthcare professionals): (i) who have contracted with Cynosure as key opinion leaders (each, a “KOL”), or (ii) who have contracted with Cynosure as members of our medical advisory board (each, an “Advisor”) (each, a “Contractor”), or as an applicant for employment with Cynosure as an Employee or engagement by Cynosure as a Contractor (each, an “Applicant”). This Privacy Policy has been prepared for your information and understanding of the policies, philosophies, and practices of Cynosure and shall be effective from and after November 1, 2023 (the “Effective Date”). As used herein, “you” and “your” means any Employee, Contractor, or Applicant. This Privacy Policy will apply to you only if: (i) our Processing of your Personal Data is regulated by the European Data Protection Laws; and/or (ii) you are a California resident. Cynosure, LLC is based in the United States of America. Cynosure, LLC’s main office is 5 Carlisle Road, Westford, MA 01886.
As of the Effective Date, Cynosure, LLC’s Corporate Affiliates include:
| Corporate Affiliate | Address |
| Lotus Parent, Inc. | 5 Carlisle Road, Westford, MA 01886 |
| Lotus Buyer, Inc. | 5 Carlisle Road, Westford, MA 01886 |
| Cynosure Canada Medical Devices Company ULC | 203 Exeter Road, Unit F, London, ON, N6L 1A4 |
| Cynosure France SARL | 132 Boulevard de Verdun, Courbevoie, France |
| Cynosure Maroc SARL | Rue 2 N°40 Wakanati, Route d’azemmour, Ain Diab |
| Cynosure GmbH | Schillerstraße 2,60313 Frankfurt am Main
Robert-Bosch-Str. 11A ; 63225 Langen /Baze c/o |
| Cynosure K.K. | 2-17 Kagurazaka, Shinjuku-ku, Tokyo 162-0825
7-22-17 Nishigtotanda, Shinagawa-ku, Tokyo 141- 0031
5-14-22 Nishinakajima, Osaka-si Yodogawa-ku, Osaka 532-0011 |
| Cynosure Korea Limited | 6F Samwon Bldg, 651 Eonju-ro, Gangnam-gu, Seoul 06104 Korea
1F Plaza654 Bldg, 551 Eonju-ro, Gangnam-gu, Seoul, 06138 Korea B1F, Songam Bldg, 709 Eonju-ro, Gangnam-gu, Seoul 06053 Korea
#A-3003, 32 Centum 3-ro, Haeundae-gu, Busan 48060 Korea |
| Cynosure Mexico, S. de R.L. de C.V. | ALLE TIHUATLAN 41 602 SAN JERONIMO ACULCO DISTRITO FEDERAL 10400 |
| Cynosure UK Ltd | Chiswick Tower, Floor 17, 389 Chiswick High Road, W4 4AJ
898 Plymouth Road, Slough Trading Estate, SL1 4LP |
| Palomar Medical Technologies, LLC | 5 Carlisle Road, Westford, MA 01886 |
| Cynosure B.V. | Veemarkt 143, 1019 CC Amsterdam, Netherlands |
| Cynosure Pty Ltd | 31 Sabre Drive, Port Melbourne, VIC, 3207
14-16 Suakin Street, Pymble, NSW, 2073 |
| Cynosure Spain S.L. | Edificio Ferbocar, 1º derecha Avenida de Quitapesares, 17, 28670 Villaviciosa de Odón, Madrid, Spain |
| Cynosure Portugal, Unipessoal, Limitada | Avda. da Republica, número 6 7 esquerdo
1050-191 Lisboa |
| Suzhou Cynosure Medical Devices Company Ltd | Room 1706-1707, No 555 Dongfeng Road, Yuexiu District, Guangzhou
Room Numbers: 03-110-2P and 03-109-4P 2A Worker Stadium North Road Chaoyang District, Beijing, China (PRC)
5F, Yuan Dong Da Sha, 575 Chang Xu Road, Suzhou Room: 203-204(1) Room: 204(2)-205 Room: 303 Room: 502-503 Room: 504-510 |
Alternative formats of this Privacy Policy are available to individuals with a disability. Please contact [email protected] for assistance.
If you provide us with information of an emergency contact, spouse, partner, dependent, or any other third party, it is your responsibility to obtain consent from that third party prior to sharing their information with us. If you are an Applicant, if you intend to provide us with information of a reference or any other third party as part of your application process, it is your responsibility to obtain consent from that third party prior to sharing their information with us.
If you are an Influencer, you may also be a consumer (as defined in Cynosure’s general Privacy Notice (available at https://www.cynosure.com/privacy-policy/ (the “General Privacy Notice”))). Such General Privacy Notice will apply to you to the extent you are a consumer (as defined therein) in your capacity as a consumer (as defined therein).
If you are a KOL, Influencer, or Advisor, you also may be a professional (as defined in Cynosure’s General Privacy Notice). Such General Privacy Notice will apply to you to the extent you are a professional (as defined therein) in your capacity as a professional (as defined therein).
Article I – In General
With respect to Employees, Applicants, and Contractors, we may obtain the above information from you, from third-party sources (including recruiters) and/or from publicly available sources, such as government data bases and social media sites, including LinkedIn.
Except where otherwise noted above, our collection, storage, use, and Processing of the foregoing types of Personal Data is required in order to facilitate the Employment Relationship (as defined below) or Contractor Relationship (as defined below) or, in the case of Applicants, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable).
We may also Process your European Personal Data in the following situations, which are likely to be rare: (i) where we need to protect your interests (or someone else’s interests); or (ii) where it is needed in the public interest or for official purposes.
Article II – European Data Protection Laws Rights
This Article II shall apply only to European Personal Data. Under certain circumstances and in compliance with the European Data Protection Laws, you may have the right to:
Request access to your European Personal Data (commonly known as a subject access request). This enables you to receive a copy of the European Personal Data we hold about you and to check that we are lawfully Processing it;
Request correction of the European Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
Request erasure of your European Personal Data. This enables you to ask us to delete or remove your European Personal Data where there is no good reason for us to continue Processing it. You also have the right to ask us to delete or remove all of your European Personal Data in certain circumstances;
Object to Processing of your European Personal Data where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to Processing on this ground;
Request the restriction of Processing of your European Personal Data. This enables you to ask us to suspend the Processing of your European Personal Data, for example, if you want us to establish its accuracy or the reason for Processing it;
Request the transfer of your European Personal Data to another party; and
Lodge a complaint with the relevant supervisory authority (as defined in the European Data Protection Laws). If you have any complaints about the way we Process your European Personal Data, please do contact us. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country.
If you wish to exercise any of the rights set out above, please contact us at [email protected]. Please note that Cynosure reserves the right to refuse any request to exercise such rights to the extent permitted by applicable law.
Article III – International Data Transfers
This Article III shall apply only to your European Personal Data. European Personal Data collected by Cynosure under this Privacy Policy may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, including countries that may not have laws of general applicability regulating the use and transfer of such European Personal Data or that do not ensure adequate protection for European Personal Data (as determined by the European Commission or the UK Information Commissioner’s Office (as applicable)), including without limitation the United States. To the extent required by applicable law: whenever we transfer your European Personal Data to third parties located in countries that do not ensure adequate protection for European Personal Data (as determined by the European Commission or the UK Information Commissioner’s Office (as applicable), and including without limitation the United States, each, an “Inadequate Jurisdiction”), we ensure a similar degree of protection is afforded to it; we may use specific contracts approved by the European Commission or the UK Information Commissioner’s Office (as applicable) which give European Personal Data the same protection it has in the European Economic Area or the United Kingdom (as applicable) under the European Data Protection Laws; and if we rely on another basis to transfer your European Personal Data to an Inadequate Jurisdiction, we will keep you updated or contact you if required. Please contact us if you want further information on the specific mechanisms used by us when transferring your European Personal Data to an Inadequate Jurisdiction.
Article IV – Privacy Notice for California Employees, Contractors, and Applicants
This Article IV shall apply only to the extent that we are regulated as a business under the CCPA. This Article IV shall apply to you only if you are a California resident.
As used in this Article IV, “sell” (including any grammatically inflected forms thereof) means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, CCPA Information (as defined below) to a third party for monetary or other valuable consideration.
“Selling” does not include (i) disclosing CCPA Information to a third party at your direction, (ii) where you intentionally interact with one or more third parties, or (iii) transfers of your CCPA Information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of Cynosure, provided that information is used or shared consistent with the CCPA.
As used in this Article IV, “share” (including any grammatically inflected forms thereof) means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, CCPA Information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions with a third party for cross-context behavioral advertising for our benefit in which no money is exchanged.
“Sharing” does not include (i) disclosing CCPA Information to a third party at your direction, (ii) where you intentionally interact with one or more third parties, or (iii) transfers of your CCPA Information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of Cynosure, provided that information is used or shared consistently with the CCPA.
For purposes hereof, “Sensitive CCPA Information” means: (1) CCPA Information that reveals (A) your social security, driver’s license, state identification card, or passport number; (B) your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) your precise geolocation; (D) your racial or ethnic origin, religious or philosophical beliefs, or union membership; (E) the contents of your mail, email, and text messages, unless we are the intended recipient of the communication; (F) your genetic data; and (2)(A) CCPA Information consisting of biometric information Processed for the purpose of uniquely identifying you; (B) CCPA Information collected and analyzed concerning your health; or (C) CCPA Information collected and analyzed concerning your sex life or sexual orientation. We use or disclose your Sensitive CCPA Information, provided that we only use or disclose your Sensitive CCPA Information for the purposes specified in Section 7027(m) of the CCPA regulations, and we only collect or Process Sensitive CCPA Information without the purpose of inferring characteristics about you.
In particular, with respect to Employees, Applicants, and Contractors, we have collected the following categories of CCPA Information within the last twelve (12) months and we may collect the following categories of CCPA Information:
| Category | CCPA Information collected | Purposes (including business or commercial purposes) for which we collect or use CCPA Information | Categories of third parties with whom we have shared CCPA Information and the business or commercial purpose for sharing such CCPA Information | Categories of third parties to whom we have sold CCPA Information and the business or commercial purpose for selling such CCPA Information | Categories of third parties to whom we have disclosed CCPA Information for a business purpose and the business or commercial purposes for disclosing CCPA Information | Categories of sources from which CCPA Information is collected |
| A. Identifiers. | Full legal name, username, password, date of birth, Social Security card and number (or equivalent), email address, address, telephone number, gender, signature, photograph (including “before and after” photographs if you are an Influencer), spouse/partner/dependent/ family information (including relationship to any existing Cynosure personnel), emergency contact information, immigration visa, driver’s license image and number, non-driver identification card image and number, state-issued identification card image and number, tax identification number, passport image and number, military identification number, or other unique identification number issued on a government document, content you create or otherwise provide to us (including social media content you create if you are an Advisor, Influencer, or KOL), content of interviews in which you may participate with medical writers and/or other media (if you are KOL), social media handle and related information, financial and payment disclosure information, including stocks and proprietary interests (if you are an Advisor), content of messages sent to or from Cynosure accounts, devices, or systems, and other similar identifiers. | If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship. If you are an Applicant, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable). Protection of Cynosure’s rights and the rights of third parties. |
N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. Company customers and prospective customers. KOLs (if you are an Influencer). Influencers (if you are a KOL). |
Submitted to us by you or by employment recruiters.
Collected from publicly available sources, such as LinkedIn. Collected through our IT systems when you use them. |
| B. Personal information described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | Name, Social Security card and number (or equivalent), email address, address, education, employment, employment history, medical information, bank account number, health insurance policy information, including policy number and subscriber identification number, health insurance application and claims history, driver’s license image and number, non-driver identification card image and number, state-issued identification card image and number, tax identification number, passport image and number, military identification number, or other unique identification number issued on a government document. | If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship. If you are an Applicant, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable). |
N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. Company customers and prospective customers (but only to the extent such CCPA Information elements are also listed in Category A above). |
Submitted to us by you or by employment recruiters.
Collected from publicly available sources, such as LinkedIn. |
| C. Protected classification characteristics under California or federal law. | Race (the disclosure of this data element is voluntary), ethnicity (the disclosure of this data element is voluntary), sex, gender, pregnancy or childbirth and related medical conditions, income tax elections, trade union membership (the disclosure of this data element is voluntary), military or veteran status; marital status, medical condition, request for family care leave, request for leave for health issue, request for pregnancy disability leave. | If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship.
|
N/A | N/A
|
In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. KOLs (if you are an Influencer). Corporate Affiliates. |
Submitted to us by you or by employment recruiters.
|
| D. Commercial information. | Records of products or services purchased for expense reimbursement purposes; feedback regarding our products and services (if you are a KOL or Advisor); products owned, purchased, and/or considered (if you are a KOL or Advisor). | If you are an Employee or a Contractor, to facilitate expense reimbursement. | N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Submitted to us by you. |
| E. Biometric information. | N/A | N/A | N/A | N/A | N/A | N/A |
| F. Internet or other electronic network activity information. | Browsing history, search history, back-end social media performance metrics (if you are a KOL or Influencer), information on your interaction with a website, application, or advertisement. | If you are an Employee or a Contractor, to facilitate the Employment or Contractor relationship (as applicable) and to protect the integrity of our systems, hardware, infrastructure, and general ethical well-being. | N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Collected when you interact with our IT systems. |
| G. Geolocation data. | GPS tracking data of company-owned service vehicle location, including real-time vehicle location and status, fuel usage, routes taken, driver location, trip tagging and miles per state, safe driving data such as speeding, braking, stop time, idle time, cornering, sudden acceleration, scoring based on driver behavior, data analytics based on the foregoing data. Monitoring and blocking of cell phone activities, including incoming and outgoing calls, sending and receiving text messages and accessing navigation and other applications. | To monitor usage of Company-owned service vehicles for safety and other purposes and to facilitate the Employee or Contractor relationship as applicable.
|
N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Collected through our IT systems when you operate a company-owned service vehicle. |
| H. Audio, electronic, visual, thermal, olfactory, or similar information. | Audio and visual recordings, including of webinars/trainings, call center telephone calls.
|
If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship.
|
N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. Customers. Website users. |
Collected when you interact with our IT systems. |
| I. Professional or employment-related information. | Employment, current and past employer and job history, performance evaluations other information related to job performance, substantive areas of expertise, professional licenses and certifications, payroll withholding information, work eligibility, background check summary data, reference checks, rate of pay and any other compensation paid, starting date of employment or contract engagement, resume, CV, cover letter, job or contract applications, and/or other forms of employment or contract engagement inquiries submitted to us, waivers and other employment or contractual engagement agreements, termination notices, documents related to discipline. | If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship. If you are an Applicant, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable). |
In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Submitted to us by you or by employment recruiters. | ||
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records including grades, transcripts. | If you are an Applicant, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable). | N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Submitted to us by you or by employment recruiters. |
| K. Inferences drawn from other personal information. | Psychological and behavioral assessment data reflecting behavior and aptitude tendencies.
|
If you are an Applicant, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable). | N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Generated by us or by a third party on our behalf. |
| Sensitive CCPA Information Category | Sensitive CCPA Information collected | Purposes (including business or commercial purposes) for which we collect or use Sensitive CCPA Information | Categories of third parties with whom we have shared Sensitive CCPA Information and the business or commercial purpose for sharing such Sensitive CCPA Information | Categories of third parties to whom we have sold Sensitive CCPA Information and the business or commercial purpose for selling such Sensitive CCPA Information | Categories of third parties to whom we have disclosed Sensitive CCPA Information for a business purpose and the business or commercial purposes for disclosing Sensitive CCPA Information | Categories of sources from which Sensitive CCPA Information is collected |
| A. Government identifiers (social security, driver’s license, state identification card, or passport number) | Social security card and number (or equivalent), Tax identification number, driver’s license image and number, non-driver identification card image and number, state-issued identification card image and number, passport image and number, military identification number, other unique identification number issued on a government document. | If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship. If you are an Applicant, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable). |
N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Submitted to us by you or by employment recruiters. |
| B. Complete account access credentials (account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account) | Username and password. | If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship. If you are an Applicant, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable). |
N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Submitted to us by you or by employment recruiters. |
| C. Precise geolocation | GPS tracking data of company-owned service vehicle location, including real-time vehicle location and status, fuel usage, routes taken, driver location, trip tagging and miles per state, safe driving data such as speeding, braking, stop time, idle time, cornering, sudden acceleration, scoring based on driver behavior, data analytics based on the foregoing data. Monitoring and blocking of cell phone activities, including incoming and outgoing calls, sending and receiving text messages and accessing navigation and other applications. | To monitor usage of Company-owned service vehicles for safety and other purposes and to facilitate the Employee or Contractor relationship as applicable. | N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Collected through our IT systems when you operate a company-owned service vehicle. |
| D. Racial or ethnic origin | Race (the disclosure of this data element is voluntary) and ethnicity (the disclosure of this data element is voluntary). | If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship.
|
N/A | N/A
|
In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. KOLs (if you are an Influencer). Corporate Affiliates. |
Submitted to us by you or by employment recruiters.
|
| E. Religious or philosophical beliefs | N/A | N/A | N/A | N/A | N/A | N/A |
| F. Union membership | Trade union membership (the disclosure of this data element is voluntary). | If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship.
|
N/A | N/A
|
In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Submitted to us by you or by employment recruiters.
|
| G. Genetic data | N/A | N/A | N/A | N/A | N/A | N/A |
| H. | Content of messages sent to or from Cynosure accounts, devices, or systems. | If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship. Protection of Cynosure’s rights and the rights of third parties. |
N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Collected through our IT systems when you use them. |
| I. Biometric information Processed for the purpose of uniquely identifying you | N/A | N/A | N/A | N/A | N/A | N/A |
| J. Health information | Pregnancy or childbirth and related medical conditions, request for pregnancy disability leave, medical condition, request for family care leave, request for leave for health issue, health Insurance policy information, including policy number and subscriber identification number, and health insurance application and claims history. | If you are an Employee, to facilitate the Employment Relationship.
If you are a Contractor, to facilitate the Contractor Relationship.
|
N/A | N/A | In each case for the business or commercial purpose as set out in column 3 of this table:
Outside Contractors, as further described in Article I Section 4.3 above. Corporate Affiliates. |
Submitted to us by you. |
| K. Information concerning sex life or sexual orientation | N/A | N/A | N/A | N/A | N/A | N/A |
Article V – Miscellaneous
In this Privacy Policy, unless a clear contrary intention appears: (i) where not inconsistent with the context, words used in the present tense include the future tense and vice versa and words in the plural number include the singular number and vice versa; (ii) the titles and subtitles used in this Privacy Policy are used for convenience only and are not to be considered in construing or interpreting this Privacy Policy; (iii) “hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Privacy Policy as a whole and not to any particular Section or Subsection of this Privacy Policy; (iv) “including” (and with correlative meaning, “include”) means including without limiting the generality of any description preceding such term; and (viii) where not inconsistent with the context, the word “or” is not exclusive.