Last updated: February 2019
Delcath Systems, Inc. and its subsidiaries and affiliates globally (‘Delcath’ ‘we’, ‘us’, ‘our’,) are strongly committed to protecting the privacy of your personal data. This Privacy Notice applies to your use of the websites www.againsttheodds.com and www.lebengewinnen.de (the “Sites”) and also applies to patient personal data that we process personal data on (‘you’, ‘your’). This Notice sets out how we use, collect and protect your personal data.
This Privacy Notice (“Notice”) has been developed to let you know: (1) who we are; (2) the kinds of personal data we may gather during your visit to the Sites and through our interactions with you; (3) our basis for gathering your personal data; (4) how and why we process your personal data; (5) when we might disclose your personal data and to whom; (6) how your personal data is kept secure; (7) how long we will retain your personal data; and (8) certain rights you may have relating to your personal data.
Delcath strives to collect, use and disclose personal data in a manner consistent with the laws of the Countries in which it does business. We also wish to inform any citizens of the European Economic Area (“EEA”) of their rights when we use their personal data.
For the purposes of applicable data protection legislation, Delcath is the data controller of your personal data. You will find our contact details in the “Contact us” section at the end of this Notice.
Delcath’s GDPR team will deal with all of Delcath’s Data Protection matters and you can contact them at privacy@delcath.com.
This Notice applies to:
Delcath also has other privacy notices which apply to other categories of data subjects. These privacy notices can be accessed at the following websites:
Should you have any queries as to what Privacy Notice applies to you, please do not hesitate to contact us at privacy@delcath.com.
We receive and store any personal data you provide to us through our interactions with you as well as personal data that we receive from other sources, including but not limited to the following:
Information you provide to us through your interactions with us and from our websites:
Information you do not provide to us and we collect from you:
Should you have any queries as to what Privacy Notice applies to you, please do not hesitate to contact us at privacy@delcath.com.
Legal Basis |
Processing Activity |
| Consent |
If you contact us with inquiries or seek further detail regarding the Sites and our product, we will ask you for your consent to process your personal data for this purpose. We will also ask you for your consent to pass your contact details to appropriate healthcare professionals. We may also ask you to share your experiences of having our procedure and we will rely on your consent to process your personal data in this regard. In the event you wish to withdraw your consent to the processing (that is based on consent), please send a request to this email address: privacy@delcath.com |
| Compliance with legal obligations |
We may need to disclose your identity and other personal data to comply with a request from law enforcement, other government agencies. We may need to process your personal data to investigate any medical queries, complaints, adverse events and recalls relating to our products so as to comply with our legal and regulatory obligations. |
| Legitimate interests |
We may disclose your identity and other relevant personal data in connection with any complaint regarding your use of the Website. This is necessary in order to protect us from any liability in We have undertaken a legitimate interest assessment (“LIA”). You can obtain further information regarding the LIA by contacting us at privacy@delcath.com |
| Establishment, exercise or defence of legal claims |
Delcath may need to process your personal data in order to defend potential legal claims. |
| Protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent |
We may need to process your personal data in order to investigate any medical queries, complaints or adverse events regarding our products. |
We may gather personal data from your use of the Site and through your interaction with us (for example, when you contact us via email, telephone).
Cookies and other similar technologies
We gather data from your use of the Site through the use of cookies and other similar technologies. We are generally not able to identify you from this data. A “cookie” is a small text file that a website 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.
Our cookies do not store any personal data such as your name, email address, street address or phone number, however they do collect information regarding how you use the Sites, your device and behaviour, broad geographical location, standard server log information and IP addresses, which may constitute personal data. This information (which does not identify any individual) is aggregated to gather data such as the total number of visits to our Sites, the number of visitors to each page of our Sites, and the domain names of our visitors’ Internet service providers. We use this information, which remains in aggregate form, to understand how our visitors use our Sites so that we may improve it and the services we offer.
We have introduced Google Analytics to our Site in order to allow us to measure and learn in aggregate how our website is being used, and to see for example, which are the most popular pages.
More information about cookies can be found at: www.allaboutcookies.org. We do not honor “Do Not Track” signals.
IP Address or Device Identifier: When you visit our website, we may collect your Internet Protocol (“IP”) address, which identifies the computer or service provider that you use to access our website or, if you connect through a mobile device, your mobile device identifier. We may use these identifiers to collect information about the length of time spent on our website or the specific areas visited.
Web beacons and other technologies: Our website may use other tracking tools, including web beacons, which are small electronic images embedded in web content and email messages that are not ordinarily visible to users. Web beacons allow us to track pages and content accessed and viewed by users, as well as to monitor email readership. We may use pixels to track visitors and to serve ads for us. You can opt out of pixels by adjusting your browsers cookie settings or adjusting cookie consent options on our website to not accept marketing cookies.
Except as disclosed in this Notice, we will not disclose personal data that we collect to any parties other than those with whom we partner or are affiliated with. Except as disclosed below, we will not sell, share, trade, rent, or give away your personal data.
Information you provide
Delcath may use the information you provide to us to:
Information you do not directly provide
Delcath may use the information (not directly supplied by you) to
These Sites may also contain links to other websites. Some of those websites may be operated by Delcath affiliates, and some may be operated by third parties. This Notice applies to the use of the Sites as well as applying to patients that we hold personal data on. Delcath has other privacy notices in place regarding other categories of data subjects and same can be located on the respective Delcath websites (refer to section 4 of this Notice).
Whenever you leave this website we recommend that you review the privacy practices that apply to information you provide on other websites. We provide the links for your convenience, but we do not review, control, or monitor the privacy practices of websites operated by others. Before you choose to access other websites, please be certain that you review the Privacy Notice and terms of use of that social media platform or website.
These Sites may allow you to post content to various social media platforms, including Facebook, Twitter and others. If you are a member of a social media platform or website and log in to such social media or platform, the interfaces may allow the social media platform or website to connect your visit to the Sites to your personal data. Please be aware that when you communicate on such a platform you are no longer on Delcath’s Sites, and we have no control over the information that other websites or social media websites collect, store, or use. Before you choose to access other websites from the Sites or “like” or share information from the Site through any social media platform or website, please be certain that you review the Privacy Notice and terms of use of that social media platform or website.
We shall only disclose your personal data to third parties when we have your consent to do so, when it is necessary as part of business practices or when there is a legal or statutory obligation to do so.
Whenever we disclose your information to third parties, we will only disclose that amount of personal data necessary to meet such business needs or legal requirements. Third parties that receive data subjects’ information from us must satisfy us as to the measures taken to protect the personal data such parties receive, in accordance with any applicable laws and as stated in this Notice. Appropriate measures will be taken to ensure that all such disclosures or transfers of information to third parties will be completed in a secure manner and pursuant to contractual safeguards.
From time to time, we may also share personal data or non-personally identifiable information with third-parties that we have engaged to perform certain services in connection with the operation of certain aspects of the Sites, including to customize, deliver, measure, analyse, improve and support our services, content, advertising and layout, your interaction with those aspects, and to deliver more relevant messages and advertisements to you. These third-party service providers are authorised to use personal data or non-personally identifiable information only as needed to perform their functions on our behalf and are required to maintain the security of your personal data.
We may also change our ownership or corporate organisation while providing the Site or otherwise undergo a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or a similar proceeding (‘Transaction’). In such event, we may transfer your information to another company that is acquiring or affiliated with us, with which we have merged, or which has acquired all or some of our assets. In such circumstances, we will only transfer the minimal level of such personal data necessary to close a Transaction. We will also endeavour to anonymise shared personnel person data.
From time to time we may enter into licensing agreements with International Companies to sell and market our product in various jurisdictions. We may share your name, gender, business title, business email address, business phone number, fax number, details of research interests, details concerning usage of our product as well as details concerning interactions with Delcath representatives with the licensee.
We may provide information, when obliged to do so under data protection law and in response to properly made requests, for example, for the purpose of the prevention and detection of crime, and the apprehension or prosecution of offenders. We may also provide information for the purpose of safeguarding national security. In the case of any such disclosure, we will do so only in accordance with applicable laws.
We may also provide data subjects’ personal data when required to do so by law in order to comply with our legal and regulatory requirements, and may transfer data to legal counsel where same is necessary for the defence of legal claims.
We may also disclose your identity or any personal data in connection with any complaint regarding your use of the Sites
Your personal data may be processed by Delcath, its subsidiaries and Delcath’s trusted third party suppliers outside of your home country. If you are a located in the EEA, you should be aware that your data may be transferred to Delcath’s affiliates outside of the EEA and in particular the United States of America. Data privacy laws in the countries to which your personal data is transferred may not be equivalent to, or as protective as, the laws in your home country.
We will implement appropriate measures to ensure that your personal data remains protected and secure when it is transferred outside of the EEA, in accordance with applicable data protection and privacy laws. Because the United States and other countries that have not received an “adequacy finding” regarding their privacy laws from the European Commission, and except as set forth above, Delcath may rely on derogations in Article 49 of the General Data Protection Regulation (EU) 2016/679 to transfer your information to those countries.
The period for which we retain information varies according to the use of that information. In some cases, there are legal requirements to keep data for a minimum period of time. Unless specific legal requirements dictate otherwise, we will retain personal data in accordance with our Data Retention Policy and for:
Your rights as regards the personal data we hold on you depends on the applicable laws in your country.
EEA citizen privacy rights:
If you are an EEA Citizen, you have the right to request that we:
Where we process your personal data solely on the basis of your consent, EEA citizens have the right to withdraw consent in respect of processing personal data at any time. This will not affect the lawfulness of our processing before the withdrawal. You also have the right to lodge a complaint with your data protection supervisory authority.
The exercise of the above rights might be subject to certain conditions and we might require further information from you before we can respond to your request.
If you would like to exercise your rights, please let us know by getting in touch with us at privacy@delcath.com. We will confirm your request within twenty-one (21) days of receipt, and process your request within thirty (30) days of receipt.
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 data (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 data that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If the nature of the third party’s business cannot be determined from its name, examples of the products or services marketed may be provided. If you are a California resident and would like to make such a request, please email your request to: webmaster@delcath.com.
Please note, third parties are not allowed to use the Sites to track individual California residents over time and across websites.
The Sites are general purpose websites and are not directed at Children under the age of 13. Accordingly, Delcath does not knowingly collect any personal data (such as name, address, and telephone number) from children under 13 years of age (or any other digital age of consent in your jurisdiction, for example 16 years of age in certain EEA countries) (together, the “Age of Consent”) through its Sites. Delcath will specifically instruct children under the Age of Consent not to submit such information to these Sites.
We do not currently allow children under the Age of Consent to register for, or participate in, contests or promotions on these Sites. However, if the parent or guardian of a child under the Age of Consent 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 the Age of Consent 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 data on these Sites.
We employ reasonable appropriate administrative, technical, personnel procedural and physical measures to safeguard personal data against loss, theft and unauthorised uses access, uses or modifications. For example, when we share your personal data with third parties, we will put in place a written agreement which commits the third parties to keep your information confidential, and to put in place appropriate security measures to keep your information secure.
Security and testing are performed on systems containing personal data to verify control effectiveness. Security of these systems are monitored continuously.
While we have procedures and security features in place to keep the data secure once we receive it, the transmission to us of information via the internet or mobile phone network connection may not be completely secure and any transmission is at your own risk.
This Notice will be reviewed and updated from time to time to consider changes in the law and the experience of the notice in practice. Any and all changes will be advised to website users and, if necessary, we will obtain your consent prior to applying any changes to any personal data collected from you prior to the date the change becomes effective. Your continued use of our Sites after such changes will be subject to the then-current notice. We encourage you to periodically review this Notice to stay informed about how we collect, use, and disclose personal data.
If you have questions about this Notice or our treatment of the information provided to us, please contact us at:
For EEA citizens:
Delcath Systems Limited
Unit 19
Mervue Business Park.
Galway, Ireland
Phone: +353 91 7462000
E-mail: privacy@delcath.com
For non EEA citizens:
Delcath Systems, Inc.
1633 Broadway Suite 22C New York,
NY 10019 U.S.A.
Phone: 212 489-2100
E-mail: privacy@delcath.com
Last Updated: November 5, 2018
Acceptance of the Terms of Use
Welcome to the website of Delcath Systems, Inc. and its subsidiaries (“Delcath,” the “Company” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of this site and other sites Delcath may own and operate, including any content, functionality, and services offered on or through these sites: www.delcath.com; www.chemosat.com; www.againsttheodds.com, and www.lebengewinnen.de (the “Websites”).
Please read the Terms of Use carefully before you start to use the Websites. These Terms of Use were last modified as of the date set forth above and may have changed since your last visit to this site. By using thissite, you accept and agree to be bound to, and abide by, these Terms of Use and our Privacy Policies, available at each of the Websites, incorporated these Terms of Use. If you do not agree with these Terms of Use or the Privacy, you must not access or use the Websites.
The Websites are offered and available to users who are 16 years of age or older. By using this site, you represent and warrant that you are at least 16 years old. If you are not, you must not access or use the Websites.
Information About You and Your Visits to the Websites and Privacy
Please refer to our Privacy Policies for more details about how we may collect and use your personal information in or in connection with the Websites. Delcath’s use of your personal information is governed by our Privacy Policies, which is incorporated herein by reference. You agree that by your use of the Websites you consent to the collection and use of your personal information (as set forth in our Privacy Policies).
Security
We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. These measures may include regular review of our data collection and storage processes, data encryption, and security software on our networks and servers. Please be aware, however, that no data security measures can be completely effective. Consequently, you understand and agree that such steps do not guarantee that use of the Websites are invulnerable to all security breaches, and that Delcath makes no warranty or representation nor can it ensure that use of any of our Websites are protected from viruses, security threats, or other vulnerabilities. You transmit information to us at your own risk.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to, and use of, the Websites thereafter. However, any changes to the dispute resolution provisions set forth in “Governing Law and Jurisdiction” below will not apply to any disputes for which the parties have actual notice on, or prior to, the date the change is posted on the Websites.
Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly, so you are aware of any changes, as they are binding to you.
Accessing the Websites and Account Security
We reserve the right to cease operation of, or modify, these Websites, 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:
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.
These Terms of Use permit you to use the Websites for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
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.
Prohibited Uses
You may use the Websites only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Websites:
Reliance on Information Posted
The information presented on or through theses Websites 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
We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
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:
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 theWebsites, 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. Before you choose to access other websites from this site, please be certain that you review the Privacy Notice and terms of use of that social media platform or website.
Geographic Restrictions
Delcath operates its business globally, and the Websites are maintained in locations including the United States. We make no claims that the Websites 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.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of, or relating to, your violation of these Terms of Use or your use of the Websites including, but not limited to, any use of the Websites’ content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.
Governing Law and Jurisdiction
All matters relating to these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located within the Southern District of New York, and you consent to the exercise of personal jurisdiction by and venue in such courts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use (as amended from time to time), including policies incorporated herein (e.g., Privacy Policies) constitute the entire agreement between you and Delcath regarding the Websites and your use of the Websites or the Content, and supersede any prior agreement or understanding, arrangements, undertaking, or proposal, written or oral, between you and Delcath in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Terms of Use.
How to Contact Us
If you have any questions or comments about these Terms of Use or this site, please contact us at privacy@delcath.com
Thank you for visiting our website.
Last updated: February 2019
A cookie is a small file containing an identifier (a series of letters and numbers) sent by a web server to your web browser. The browser will store this file, and each time the browser requests a page from the server (i.e. you click on a page on our website) the identifier is then sent back to the server.
There are two main categories of cookies - ‘persistent’ cookies and ‘session’ cookies.
A session cookie, will only last as long as the user session lasts, so will be deleted once web browser is closed. A persistent cookie, however, will continue to be stored by the browser even after the user session ends. Generally it will be stored until it reaches its set expiry date or unless deleted by the user before that date.
Cookies do not always contain information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. When cookies can identify an individual via their device, it is considered personal data.
More information about cookies can be found at: www.allaboutcookies.org.
As well as being ‘persistent’ or ‘session’, different types of cookies can be used for different purposes. Different types of cookies include:
Necessary: these cookies are required for the operation of the website, enabling services such as log-in, sign-up to newsletters, etc.
Functional: these cookies allow the server to recognise a computer on connection to the website. This allows for faster downloading of pages, but also allows for personalisation of website content, including remembering a user when they return to the website, remembering that user’s preferences (including cookie preferences), etc.
Analytical/Statistic Cookies: these cookies are used to collect data (e.g. IP addresses, popular pages, length of time on pages, site performance) in order to create and analyse information and statistics on use and performance of a website. This information is then used to help improve the way the website works. These types of cookies may be set by the website operator but are often set by ‘third parties’ on the website user’s behalf.
Advertising/Targeted: cookies may also be used to gather information on a website user for the purpose of personalising advertising for that user. As with analytical cookies, these cookies are often provided by third parties.
Cookies on a website do not always originate from the website owner/operator. Third parties, such as advertisers or online service providers, may also use cookies to collect certain information on website users, often for purposes such as data analytics (statistics on website use, for example) or targeted advertising.
Providers of third party cookies will have their own privacy policy and cookie policy which will tell you how and why they use cookies.
Our website www.againsttheodds.com & www.lebengewinnen.de uses both persistent and session type cookies for analytical/statistical purposes. The table below sets out each of these cookies and provides details on their type, when they will expire and the purpose of the cookie.
Cookie Name |
Type & Purpose |
Expiration |
Purpose & More Information |
| _ga | Google Analytics - Analytical cookie | 2 years | Registers a unique ID that is used to generate statistical data on how the visitor uses the website. |
| _gat | Analytical cookie | 1 day | Used by Google Analytics to throttle request rate. |
| _gid | Analytical cookie | 1 day | Registers a unique ID that is used to generate statistical data on how the visitor uses the website. |
| collect | Analytical cookie | End of session | Used to send data to Google Analytics about the visitor’s device and behaviour. Tracks the visitor across devices and marketing channels. |
Overall, we use these cookies in order to understand how visitors interact with websites and to give the website user the best possible experience of our website. Any personal data which may be collected by cookies on our website shall only be retained for as long as is necessary for the purposes described above. However, we do not take responsibility for the gathering and use of data by third party cookies, such as Google Analytics – the use of these cookies is governed by the third party’s own cookie policy. Google Analytics make available an opt-out mechanism1 and provides more information.To opt out of being tracked by Google Analytics across all websites visit: http://tools.google.com/dlpage/gaoptout
On your first visit to www.againsttheodds.com & www.lebengewinnen.de, we notified you of the use of cookies by us. If you continued to browse the website then you accepted the use of these cookies.
However, if you withdraw/refuse permission to the use of certain cookies, or set your browser to block all cookies (including ‘necessary’ cookies), then our website’s functionality may be reduced and you may not be able to access some or all of the website.
Within your browser settings you can also choose whether you wish to accept cookies or not. Different browsers make different controls available to you and so we provide links below to popular manufacturers’ instructions on how you can do this. Generally, your browser will offer you the choice to accept, refuse or delete all cookies at all times, or those from providers that website owners use (“third party cookies”), or those from specific websites.
You can find more information on Delcath’s obligations to you, as a user of our website, in our Privacy Policy, available here: [ http://www.againsttheodds.com/ ]7. Our terms and conditions which apply to your use of www.againsttheodds.com are available here: [ http://www.againsttheodds.com/ ]8.
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]
