This privacy notice describes how Meso Scale Diagnostics, LLC., Methodical Mind, LLC, Meso Scale (Shanghai) Trading Company, Ltd., Meso Scale Japan, KK and their affiliates (together “MSD,” “we,” “our,” or “us”) collect and process personal information about you, how we use and protect this information, and your rights in relation to this information.

This privacy notice applies to all personal information we collect or process about you in connection with your use of MSD instruments, products, services and websites, including www.mesoscale.com and www.methodicalmind.com, and all other MSD or its affiliates’ websites and applications that link to or reference this policy (collectively, the “Services”). Personal information is information about you through which you can be identified, including where you can reasonably be identified by combining the information with other information. Reference to “personal information” or “information” shall include reference to sensitive personal information, where applicable.

1. Personal and technical information we use

We may collect personal information directly from you when you input it into the Services or otherwise provide it directly to us (e.g., when you register for an account with us), and we may collect other personal and technical information from you automatically when you use the Services, including data collected using cookies and other device identifying and information collecting technologies.

We may be required by law to collect, or may collect as a consequence of a contractual relationship with you, certain personal information about you. Failure to provide this information may prevent or delay any Services you are requesting from us. We will inform you at the time your information is collected if certain data is compulsory and the consequences of the failure to provide such data.

1.1 Information we collect directly from you

We collect (with your consent, where required by applicable laws) any information that you provide when you use the Services, including when you use MSD products and services, Methodical Mind products and services, create an account, purchase a product, or otherwise contact us with a question, comment, or request.

The categories of information that we may collect directly from you are:

1. Personal details (e.g., your name);
2. Contact details (e.g., phone number, email address, mailing address);
3. Employment details (e.g., name of company or business, department, business address, job title, job function);
4. Authentication and identification information (e.g., username, password, security question(s) and answer(s));
5. Payment information (e.g., payment card number);
6. Transactional information (e.g., information about your selected goods and/or services; information about previous purchases; information relating to your requests, queries, complaints, or other feedback); and
7. Account and team information (e.g., information about you when you register for a Methodical Mind Account, create or modify teams, add or remove team members, or set team member permissions through the Services).

If you provide us with personal information about other individuals (e.g. your employee's or colleague's contact details) when you are registering an account or otherwise corresponding or interacting with us, you must provide a copy of this privacy notice to such individuals and obtain their consent (where required by applicable laws) before providing their personal information to us.

1.2 Information automatically collected from you

We may (with your consent, where required by applicable laws) automatically collect certain information from you when you use the Services or visit MSD or Methodical Mind websites. This information allows us to recognize you and personalize your experience if you return to the Services, and to improve the Services and consider offering new or different services. We may collect this information using “cookies,” which are small text files that the Services save on your computer using your web browser and access when you return, or similar technologies. You may be able to have your computer warn you each time a cookie is being sent, or you may be able to turn off all cookies. You do this through your browser settings. Each browser is different, so look at your browser Help menu to learn the correct way to modify your cookie settings. If you turn cookies off, you will not have access to certain features that may make your browsing or use of the Services smoother, and some of our services may not function properly.

We may also collect information using other technical methods that track visitor usage, including “web beacons,” which are small pieces of data that are embedded in images on the pages of a website. We use these technical methods to analyze traffic patterns on the Services, such as the frequency with which our visitors visit various parts of MSD or Methodical Mind websites. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may also use these technical methods in HTML emails (which we may send from time to time to individuals on our mailing lists) to determine whether such visitors have opened those emails or clicked on links in those emails.

The categories of information that we may automatically collect from you are:

1. Data collected using cookies and other device identifying technologies (e.g., IP address, browser type, operating system, pages you view, duration of your visit, number of visits, pages you view immediately before you access MSD or Methodical Mind websites, keyword searched, search terms you enter on these websites); and
2. Data collected from MSD instruments or applications (e.g., instrument protocols, timing of actions, errors, user interface errors, use of consumables, plate images, plate layout, raw ECL data, calibrator and control performance, logs and other instrument data, and teams and people you work with and how you work with them, such as who you collaborate with and communicate with most frequently).

 

2. How we use your personal information and the basis on which we use it

We use (with your consent, where required by applicable laws) your personal information to:

• carry out our contractual obligations to you and exercise our rights in this respect, including provision of Services;
• provide you with additional services or information you request from us;
• troubleshoot any issues with the Services that may arise;
• allow us to improve the Services we provide, such as by better tailoring our content to our users’ needs and preferences;
• communicate with you with respect to the Services and any other service offerings, including to provide you with new information about the Services or any required notices;
• comply with the legal obligations to which we are subject and cooperate with regulators and law enforcement bodies;
• deliver marketing communications, promotional materials, or advertisements that may be of interest to you;
• customize your experience when using the Services, such as by providing interactive or personalized elements on the Services, and provide you with content based on your interests;
• generate and analyze statistics about your use of the Services; and
• detect, prevent, and respond to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of the Services.

We also may combine or aggregate the information we collect through the Services or elsewhere for these purposes, including to deliver targeted advertisements that are based on your previous online activity on the Services and on other websites.

For certain jurisdictions, we must have a legal basis to process your personal information. In most cases the legal basis will be one of the following:

1. to fulfill our contractual obligations to you, for example to provide the Services and services you request; or
2. to serve our legitimate interests. The following processing activities are necessary to serve our legitimate interests:
   1. to provide you with additional services or information that you request from us, which serves our legitimate interest in fulfilling customer requests;
   2. to troubleshoot any issues with the Services that may arise, which serves our legitimate interest in providing product and customer support;
   3. to allow us to improve the Services we provide, such as by better tailoring our content to our users’ needs and preferences, which serves our legitimate interest in improving our Services;
   4. to communicate with you with respect to the Services and any other service offerings, including to provide you with new information about the Services or any required notices, which serves our legitimate interest in fostering customer relationships and complying with applicable laws (as they pertain to the provision of required notices);
   5. to comply with the legal obligations to which we are subject and cooperate with regulators and law enforcement bodies, which serves our legitimate interest in complying with applicable laws;
   6. to deliver marketing communications, promotional materials, or advertisements that may be of interest to you, which serves our legitimate interest in increasing brand recognition and generating goodwill about MSD products and services;
   7. to customize your experience when using the Services, such as by providing interactive or personalized elements on the Services, and provide you with content based on your interests, which serves our legitimate interest in providing customers the features and services they want;
   8. to generate and analyze statistics about your use of the Services, which serves our legitimate interest in understanding how customers use the Services; and
   9. to detect, prevent, and respond to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of the Services, which serves our legitimate interest in complying with applicable laws and protecting our rights.

Where required to do so by applicable laws and regulations, we will obtain your consent if we wish to use your personal information for purposes other than those stated in this privacy notice.

 

3. Your rights over your personal information

You may have certain rights regarding your personal information, subject to local data protection laws. These may include rights to:

• access or obtain a copy of your personal information (right to access);
• rectify the information we hold about you (right to rectification);
• erase your personal information under certain circumstances (right to erasure; right to be forgotten);
• restrict our use of your personal information (right to restriction of processing);
• object to our use of your personal information (right to object);
• receive your personal information in a usable electronic format and transmit it to a third party (right to data portability);
• withdraw your consent to our processing of your personal information (where you have provided consent);
• de-register your account (if you have registered for an account to access our Services); and
• lodge a complaint with us or your local data protection authority.

If you would like to discuss or exercise such rights, please contact us at the details below. We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate. We will contact you if we need additional information from you in order to honor your requests.

Some registered users may update their user settings, profiles, and organization settings by logging into their accounts and editing their settings or profiles.

 

4. Information sharing

We may (with your consent, where required by applicable laws) share your personal information with third parties under the following circumstances:

• Service providers. We may share your personal information with our service providers who have agreed to use the information solely in furtherance of our operations, including service providers who provide marketing, customer notification, order and payment processing services.
• Law enforcement agencies, courts, regulators, government authorities, or other third parties. We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation in any applicable jurisdiction, or otherwise to protect our rights or the rights of any third party.
• Asset purchasers. We may share your personal information with any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this privacy notice.

In addition, we may share de-identified reports on user demographics and traffic patterns, as well as de-identified information, with third parties.

The Services also may contain third-party links. You acknowledge and agree that we are not responsible for the collection and use of your information by such third parties that are not under our control. We encourage you to review the privacy notices or policies of each website you visit.

 

5. Information security and storage

We strive to maintain reasonable administrative, technical, and physical measures designed to safeguard the personal information we process. These measures are aimed at ensuring the ongoing integrity and confidentiality of personal information. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Services over networks that we do not control, including the Internet and wireless networks.

We will keep your personal information for as long as is required for us to fulfill the purposes as stated in this privacy notice, and where we have a relationship with you. Unless otherwise prohibited by applicable laws, once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:

• maintain business records for analysis and/or audit purposes;
• comply with record retention requirements under applicable laws;
• defend or bring any existing or potential legal claims; and
• deal with any complaints regarding the Services.

We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures such as anonymisation or de-identification to prevent any further processing or use of the data.

 

6. Where information is processed

Information collected through the Services will be processed in and subject to the laws of the United States, which may not provide the same level of protection for your personal information as your home country. In addition, we may transfer your information outside the United States to our affiliates and service providers located in other countries. We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us at the details below.

If you are resident in the People's Republic of China (for the avoidance of doubt, excluding Hong Kong SAR, Macau SAR and Taiwan for the purposes of this privacy notice): with your consent we may share, transfer or store your personal information outside of the People's Republic of China, including but not limited to the United States, where we are satisfied that adequate levels of protection are in place to protect the integrity and security of your personal information or adequate security measures are adopted and in compliance with applicable privacy and data protection laws.

7. Do Not Track

We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this privacy notice. Visit the following website, www.allaboutdnt.org, for more information on this developing area.

 

8. Contact us

Meso Scale Diagnostics, LLC. and/or Methodical Mind, LLC is the controller responsible for the personal information we collect and process.

If you have any questions or concerns regarding the way in which your personal information has been collected or used, or to exercise your rights, please contact us at legal@mesoscale.com.

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to your data protection authority.

 

9. Changes to this privacy notice

You may request a copy of this privacy notice from us using the contact details set out above. We may modify or update this privacy notice from time to time.

We may update this privacy notice from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. If we do, we will update the “effective date” at the top of the privacy notice. Where changes to this privacy notice will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we may provide you with notice prior to such change taking effect so that you have the opportunity to exercise your rights (e.g. to object to the processing). Such notice may be made by posting a conspicuous notice on our website or by contacting you using the email address you provided. We may also seek your consent to those changes where required by applicable law.

We encourage you to periodically review this privacy notice to stay informed about our collection, processing and sharing of your personal information.