Please note that by accessing the System, You are agreeing to the terms and conditions set out below. If You do not agree to these terms, please DO NOT access the System. All queries relating to these terms should be sent to [insert local market MyAlcon Direct email address (or email address that will handle MyAlcon Direct inquiries)].

1.1 The System is an online eCommerce platform for the ordering and purchase of Alcon products. Alcon is the provider and operator of the System. The purpose of the System is to:

1. provide End Users with an easy and intuitive way of submitting orders for Alcon products, and
2. enable End Users to ensure delivery of the Alcon products directly to them (as applicable), by registering their address on the System.

1.2 You will have access to the System through a portal which is specifically designed for Eye Care Professionals. It enables You to set up an account, and You may log in at any time to create a new prescription or log in consumer information, search order history, view the service fee dashboard and contact Alcon via e-mail.
1.3 The System will record your information to avoid repeated data entry for future ordering.

2.1 This System is intended to be used by qualified healthcare or eyecare professionals and their employees who are aged 18 or over.
2.2 Alcon will register You in the System and You will be asked to set up a log in and password to access the System through the dedicated portal. You should keep your password confidential and change it regularly.
2.3 You, acting on behalf of the Client, are responsible for ensuring that the End User Registration Data (including any amendments to such made by You) is entered accurately and complete. Consequently, all information should be careful submitted into the System by You.
2.4 In using the System, You shall not:

1. disable or interfere in any way with the access to or use of the System.
2. transmit nor permit the transmission of any unlawful, discriminatory, threatening, libelous, defamatory, obscene, scandalous, inflammatory or profane material through the System or carry out any other adverse act or omission in relation to the System.

2.5 You shall ensure that Your internal network connection is strong and operating securely to minimize the risk of unauthorized access to the System.

ALCON IS NOT A HEALTHCARE PROVIDER. Any Medical information contained on the System is intended for general information purposes only. Information concerning any product is not intended to provide, or substitute, medical advice. Any advice required on a medical condition should be obtained from a qualified Eye-Care professional. The System is in no way intended to offer medical diagnosis or patient-specific treatment advice.

Where the End User Registration Data contains Personal Data, the following provisions shall apply:

• 4.1 For the purposes of the Data Protection Legislation, You are acting on behalf of, the Client. Alcon and the Client agree that the Client and Alcon are the Joint Data Controllers of any End User Registration Data the Client will enter into the System, in the future. Alcon’s and the Client’s Processing of End User Registration Data via the System shall be in accordance with these Terms.
• 4.2 In providing the System, Alcon is authorised to sub-contract some or all its responsibilities under these Terms to its appointed sub-contractor(s) from time to time, some of whom may be located outside of either the UK, the European Economic Area (“EEA”) and/or Switzerland who shall sub-Process the End User Registration Data on Alcon’s behalf.
• 4.3 The Client is responsible for ensuring that all End User Registration Data provided by the Client under these Terms is collected, disclosed and otherwise Processed in accordance with the Data Protection Legislation. This includes, without limitation, the requirement to provide all necessary fair processing information to each Data Subject and obtaining the consent of the Data Subject in relation to the Processing by the Client and by Alcon upfront to any End User Registration Data being shared with Alcon (including sub-processing by its agents or service providers outside of the UK, the EEA and/or Switzerland for the purposes of the System and entering and Processing of End User Registration Data and as set out in these Terms).
• 4.4 Once the End User confirms registration via the System, Alcon is responsible for ensuring it provides the necessary fair processing information to the End User and to collect and maintain the End Users express consent to the Processing of any health-related data.
• 4.5 Alcon and Client agree that they shall:
  • 4.5.1 only Process the End User Registration Data in order to provide the Products or any services requested by the End User and carry out their respective obligations under these Terms. Alcon and Client shall:
  • 4.5.2 Put in place appropriate technical and organisational measures against accidental or unlawful destruction or accidental loss, unauthorised disclosure or access to the End User Registration Data stored on the System.
  • 4.5.3 Ensure that all personnel who have access to and/or process End User Registration Data are obliged to keep the End User Registration Data confidential.
  • 4.5.4 Promptly inform each other prior to performing any Processing of Personal Data if in its opinion it infringes or would be likely to constitute an infringement of the Data Protection Legislation.
  • 4.5.5 Not transfer any Patient Registration Personal Data outside of the UK, the EEA and/or Switzerland unless:
    1. Ensuring appropriate safeguards in relation to the transfer.
    2. The Data Subject has enforceable rights and effective legal remedies.
    3. Alcon and Client respectively comply with their obligations under the Data Protection Legislation by providing an adequate level of protection to any End User Registration Data that is transferred; and
    4. Alcon and Client shall assist each other in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators
  • 4.5.6 Notify each other without undue delay on becoming aware of an End User Registration Data breach.
• 4.6 From time to time Alcon may need to process End User Registration Data, acting as a Sole Data Controller for the purposes of product recall and/or discontinuation of an Alcon product, as lawfully permitted under the Data Protection Legislation.
• 4.7 In relation to each End User (save where an End User or the Client requests closure of the End User’s account with the Client), Alcon shall retain End User Registration Data in the System for a period of 36 months (3 years) from the last correspondence / communication from, or prescription created by You using the System or the last interaction of the End User (“Retention Period”). It is the responsibility of the Client to download or otherwise make such copies of the End User Registration Data as it requires for back-up, record retention or any other purposes during the Retention Period. Following the expiry of the Retention Period, Alcon shall be entitled to delete the Client’s End User Registration Data from the System without further notice.
• 4.8 Alcon processes Your Personal Data within the System and in relation to our overall business interactions. For more information of how Alcon Processes Your Personal Data please consult our Privacy Policy.

5.1 By continuing to access the System, You are confirming that You have the authority to agree to these Terms. 5.2 If You do not have the authority to agree to these Terms, please ensure You obtain such authority prior to continuing to use the System.

In the event that Alcon becomes aware, at any time, that You have breached or violated any of these Terms, we may immediately take corrective action, including preventing you from accessing the System, at any time and without notice. If we have been injured by your breach or violation, Alcon may, at its sole discretion, seek to recover damages from You.

Alcon may at any time revise these Terms and shall notify You of any updates upon access to the System. By continuing to access the System, You are bound by any such revision to these Terms as notified to You by Alcon.

8.1 Alcon does not warrant that:

1. Your use of the system will be uninterrupted or free from error; and
2. The system will be free from viruses, trojans, back doors or any other malicious code.

8.2 Alcon does not accept any responsibility or liability in respect of any claims, damages, losses, costs and expenses suffered or incurred by you and/or the client as a result of or in connection with:

1. Any incomplete or inaccurate or late end user registration data that has been entered into the system by you or the client; and/or

8.3 Accidental or unlawful destruction or accidental loss, unauthorised disclosure or access to the end user registration data directly or indirectly caused by the act, omission, negligence or recklessness of You, the client, or its employees or agents.
8.4 To the fullest extent permissible by applicable law, Alcon excludes its liability, whether in tort (including for negligence or breach of statutory duty), contract or otherwise, for: (a) any loss, damage or costs suffered or incurred by you and/or the client arising from viruses or other harmful components received via the system; or (b) any loss of profits, loss of business, depletion of goodwill or similar losses, loss of anticipated savings, loss of contracts, loss of use, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss suffered or incurred by you and/or the client in connection with or arising out of access to, use of, or inability to use the system.

These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of [insert jurisdiction for your market]. Each party irrevocably agrees that the courts of [insert jurisdiction for your market] shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

Any Product Complaints (Adverse Events and Medical Device Malfunctions) and Events of Special Interest should be immediately reported to Alcon using the [INCLUDE LOCAL MECHANISM].

The failure of Alcon to enforce any provisions of these Terms and Conditions or respond to a breach by You or other parties shall not in any way waive its right to enforce subsequently any terms or conditions or to act with respect to similar breaches.

Alcon: means [insert jurisdiction and legal entity details for your market], the provider of the System.

Client: means the individual accessing the System with the approval of Alcon for the purposes of registering and/or managing their End User Registration Data and/or purchasing the Products.

Data Controller and Joint Controller: have the meaning given to that term in the Data Protection Legislation.

Data Processor: has the meaning given to that term in the Data Protection Legislation.

Data Protection Legislation: means any applicable law relating to data protection, privacy and the processing of Personal Data including but not limited to: (i) the General Data Protection Regulation (EU) 2016/679 (ii) Privacy and Electronic Communications (EC Directive) Regulations 2003; and (iii) the UK equivalent to the General Data Protection Regulation (EU) 2016/679 (“UK GDPR”); (iv) Swiss Federal Data Protection Act (DPA); etc.

Data Subject: has the meaning given to that term in the Data Protection Legislation and may be a consumer or patient.

End User: is a consumer or patient who is to receive Alcon products that have been ordered and processed through the System.

End User Registration Data: means any data on an End User (which may include Personal Data such as address, phone number, email address, credit card information and optionally gender and date of birth) which has previously been provided by the Client, or will be provided by the Client in the future, for the management of patient registrations for Alcon products via the System. Such data may comprise, for example and without limitation, names, email addresses, telephone numbers, home addresses, work addresses and prescription data.

Personal Data: has the meaning given to that term in Data Protection Legislation.

Processing and Process: have the meaning given to that term in Data Protection Legislation.

Products: means the Alcon products that can be ordered via the System in accordance with these Terms which product may be amended by Alcon from time to time and updated on the System.

System: is the MyAlcon Direct System which is the online system described at clause 1.1 above.

You: means the Client company or other legal entity and its employees which are enabled to use Alcon’s System.