Privacy Policy & Terms of Use

The legal stuff.

Website Privacy Notice

Effective Date: January 2, 2019

FCB Worldwide, Inc. (“FCB Health”) respects your concerns about privacy. This Website Privacy Notice describes the types of personal information we collect about individuals on https://www.fcbhealthny.com/ (the “Site”), how we may use the information, with whom we may share it, and the choices available regarding our use of the information. The Website Privacy Notice also describes the measures we take to safeguard the personal information, how long we retain it and how individuals can contact us about our privacy practices and to exercise their rights.

Click on one of the links below to jump to the listed section:

Information We Obtain

We may collect and store personal information (such as name and other contact details) that you choose to provide to us when you provide them through the Site or when you contact us. The types of personal information we collect may include:

  • Contact information, such as your name and e-mail address;
  • Other personal information you may submit to us, such as when you contact us.

Automated Collection of Data

When you use the Site, we may obtain certain information by automated means, such as browser cookies, device identifiers, server logs, and other technologies. The information we obtain in this manner may include your device IP address, domain name, identifiers associated with your devices, device and operating system type and characteristics, web browser characteristics, language preferences, clickstream data, your interactions with the Site (such as the web pages you visit, links you click, videos you watch and features you use), the pages that led or referred you to the Site, dates and times of access to the Site, geolocation information, and other information about your use of the Site.

A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. We and our third-party service providers may use beacons in emails to help us track response rates, identify when our emails are accessed or forwarded, and for other purposes listed below.

These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with the Site; (3) tailor the Site around your preferences; (4) measure the usability of the Site; (5)provide you with interest-based advertising; and (6) otherwise manage and enhance the functionality of the Site.

To the extent required by applicable law, we will obtain your consent before placing cookies or similar technologies on your computer. Additionally, you can stop certain types of cookies from being downloaded on your computer by selecting the appropriate settings on your web browser. Most web browsers will tell you how to stop accepting new browser cookies, how to be notified when you receive a new browser cookie and how to disable existing cookies. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting http://www.allaboutcookies.org.

The Site is not designed to respond to “do not track” signals received from browsers. Please note that, without cookies or other automated tools, you may not be able to use all of the features of the Site.

Third-Party Web Analytics Services

We may obtain personal information about your online activities over time and across third-party websites, devices and other online services. On the Site, we use third-party online analytics services, such as Google Analytics. The service providers that administer these analytics services use automated technologies to collect data (such as email address, IP addresses, cookies and other device identifiers) to evaluate, for example, use of the Site and to diagnose technical issues. To learn more about Google Analytics, please visit http://www.google.com/analytics/learn/privacy.html. You may opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout?hl+en=GB.

Online Tracking and Interest-Based Advertising

On the Site, both we and certain third parties may collect information about your online activities to provide you with advertising about products and services tailored to your individual interests. Where required by applicable law, we will obtain your consent for the processing of your personal information for direct marketing purposes. You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users considering demographic data, users’ inferred interests, location and browsing context. These networks track users’ online activities over time by collecting information through automated means, including through the use of browser cookies, web beacons, device identifiers, server logs, web beacons and other similar technologies. The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites and apps, and to build a profile of users’ online browsing and app usage activities. The information our ad networks may collect includes data about users’ visits to websites and apps that participate in the relevant ad networks, such as the pages or ads viewed and the actions taken on the websites or apps. This data collection takes place on third-party websites and apps that participate in the ad networks.

To learn how to opt out of ad network interest-based advertising in the U.S., please visit www.aboutads.info/choices and http://www.networkadvertising.org/choices/. In the European Union, please visit www.youronlinechoices.eu.

How We Use the Information We Obtain

We may use the information we obtain on the Site to:

  • personalize your experience on the Site;
  • provide our services to you;
  • market our services to you;
  • respond to your requests and inquiries;
  • operate, evaluate and improve our business (including developing new services; enhancing and improving our services; analyzing our services; managing our communications; performing data analytics and market research; and performing accounting, auditing and other internal functions);
  • protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
  • comply with and enforce applicable legal requirements, relevant industry standards and our policies, including this Website Privacy Notice

As required by applicable law, we use the personal information we obtain to comply with applicable legal requirements, carry out our contractual obligations and, as permitted by law, pursue our legitimate interests (such as managing the Site, performing data analytics, and operating, evaluating and improving our business). We also may use the information we obtain in other ways for which we provide specific notice at the time of collection or otherwise with your consent. We may combine information we obtain about you (such as through the Site or from third parties) for the purposes described above.

Information Sharing

We do not disclose personal information we obtain about you, except as described in this Website Privacy Notice. We may share your personal information with our (1) FCB Health affiliates and (2) service providers who perform services on our behalf, such as hosting this Site, relationship management or data analytics, for the purposes described in this Website Privacy Notice. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

We also may disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; (6) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); or (7) otherwise with your consent.

Data Transfers

We may transfer the personal information we collect about you to recipients (including our subsidiaries and affiliates, and third party service providers) in countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to recipients in other countries (such as the U.S.), we will protect that information as described in this Website Privacy Notice.

Your Rights and Choices

We offer you certain choices in connection with the personal information we obtain about you. To update your preferences, update or correct your information, limit the communications you receive from us, or submit a request, please contact us as specified in the How to Contact Us section of this Website Privacy Notice. You also can unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our emails.

Under EU law, all data subjects to whom the EU General Data Protection Regulation (“GDPR”) applies have certain rights including to: (1) request access to the personal information we maintain about you; (2) request that we update, correct, amend, erase or restrict our use of your personal information; (3) exercise your right to data portability, by contacting us as indicated, (4) lodge a complaint with an European supervisory authority regarding any breach of European data protection rules; and (5) in certain circumstances, request the erasure of or object to the retention or use of personal data. To exercise any of your rights as a data subject under the GDPR, please contact us as specified in the How to Contact Us section of this Privacy Notice.

Where provided by law, you may withdraw any consent you previously provided to us or object at any time to the processing of your personal information on legitimate grounds relating to your particular situation, and we will apply your preferences going forward. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to your information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain.

Other Online Services and Third-Party Features

The Site may provide links to other online services and websites for your convenience and information, and may include third-party features such as apps, tools, widgets and plug-ins (e.g., Facebook, Instagram, LinkedIn, Twitter and Vimeo buttons). These services, websites, and third-party features may operate independently from us. The privacy practices of these third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, FCB Health is not responsible for these third parties’ information practices.

Retention of Personal Information

To the extent permitted by applicable law, we retain personal information we obtain about you as long as (1) it is needed for the purposes for which we obtained it, in accordance with the provisions of this Website Privacy Notice, or (2) we have another lawful basis for retaining the data beyond the period for which it is necessary to serve the original purpose for collecting the data.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information we obtain through the Site against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Children’s Personal Information

The Site is designed for a general audience and is not directed to children under the age of 13. FCB Health does not knowingly collect or solicit personal information from children under the age of 13 through the Site. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information from our records. If you believe that a child under the age of 13 may have provided us with personal information, please contact us as specified in the How to Contact Us section of this Website Privacy Notice.

Updates to Our Website Privacy Notice

This Website Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of the notice when it was most recently updated.

How to Contact Us

To contact us in relation to this Privacy Notice or any privacy matter, including our use of your personal data or to exercise other applicable privacy rights, please use the following contact details:

FCB Health
ATTN: Data Security Office
100 West 33rd Street
New York, NY 10001
mb.datasecurity@fcb.com
(212) 885-3000

Our GDPR Data Protection Officer is:
Dr. Deborah Prince
66 Prescott Street
London E1 8 HG

Terms of Use

Introduction

FCB Worldwide Inc. (“FCB”) provides to you this website (“Web Site”) for your personal informational, educational and entertainment use.  The following Terms of Use govern your access and use of this Web Site.  Please read these Terms of Use carefully before using this Web Site.  Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this Web Site (the “Content”) and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions conducted through this Website.  Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

When used in these Terms of Use, “we” and “our” means FCB, and “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses this Web Site.

1. Acceptance of Terms of Use

By accessing, browsing or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site.  If you do NOT agree to all of these terms, you should NOT access or use this Web Site.

2. Modification of Terms

These Terms of Use may be amended by FCB, in its sole discretion, at any time without notice to you.  Such amended Terms of Use shall be effective upon posting.  By continuing to access or use this Web Site, you will be deemed to have accepted such amendments.  You are advised to regularly review any applicable terms and conditions.  Other FCB web sites may have their own terms of use which apply to such websites.

FCB reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice.

3. Privacy Notice

Personal information provided through this Web Site shall be used in accordance with FCB's Privacy Notice and these Terms of Use are subject to the Privacy Notice as posted on this Web Site.

4. Copyright and Trademarks

You acknowledge that all content on this Web Site, including the Web Site's design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, “Content”), are the property of FCB or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights.  All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners.  Except as expressly authorized in these Terms of Use or on the Web Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of FCB or the respective intellectual property rights owner.  FCB authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Web Site (including, without limitation, FCB) are the sole property of FCB and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of FCB and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of FCB and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of FCB.  FCB will enforce its intellectual property rights to the fullest extent of the law.

5. Links to Third Party Websites

Links on the Web Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Web Site. FCB does not control or endorse any such third party websites. You agree that FCB and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Web Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. FCB expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.  FCB recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

6. Disclaimer of Warranties

FCB strives to provide accurate and up-to-date material on this Web Site.  However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Web Site.

YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  FCB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  FCB MAKES NO WARRANTY THAT (I) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEB SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEB SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Disclaimer of Damages and Limitation of Liability

NEITHER FCB OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEB SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEB SITE.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPOERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FCB HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST FCB AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

8. Indemnification and Release

You agree to indemnify, defend and hold harmless FCB and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Web Site, any activity related to use of the Web Site by you, any message or material that you submit to, post on or transmit through the Web Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Web Site. If you have a dispute with one or more users, you release FCB and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. No Unlawful or Prohibited Activity

As a condition of your use of this Web Site, you agree not to use the Web Site for any purpose that is unlawful or prohibited by these terms and conditions.  You further agree that you are responsible for your use of and communications on the Web Site. You agree not to post on or transmit through this Web Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Web Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.  You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.

FCB reserves the right, in its sole discretion, to suspend or terminate your access to this Web Site and prohibit any and all current and future use of this Web Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Web Site.

10. Shut-down of Web Site

FCB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice or consent.  FCB and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Web Site.

11. Governing Law and Dispute Resolution

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof. FCB makes no representations that the material and information on this Web Site are appropriate or available in all national locations or languages.  You agree that any action at law or in equity arising from or relating to the use of this Web Site or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York.  You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Web Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

12. Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

13. No Waiver

The failure of FCB and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit FCB's right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.