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Privacy Notice

PRIVACY NOTICE |  COOKIE POLICY |  INDIVIDUAL DATA REQUESTS

Omnicell Privacy Notice

Effective Date: June 2023

This Notice provides information about data we process, collect, use, and share, and our commitment to using personal data we collect in a lawful manner. We at Omnicell, Inc., including our affiliates (collectively referred to as “Omnicell”, “we” or “us”), care deeply about privacy, security, and online safety.

Privacy Notice Overview

This Privacy Notice (“Notice”) is designed to inform you about how we collect, use, and share your personal data through our website(s) (our “Site”), related applications, products, services, and web-based and mobile applications (collectively, the “Services”) operated by Omnicell, or when you interact with us online.

By accessing or using our Site or our Services, we may collect, use, share and disclose your personal data as described in this Notice and in our Terms and Conditions (“Terms and Conditions”).

If you are an Indian resident or national, by accessing or using our Site or our Services or by otherwise giving us your information, you confirm that you have the capacity to enter into a legally binding contract under Indian Laws, in particular, the Indian Contract Act, 1872, and have read, understood and agreed to the practices and policies outlined in this Notice and agree to be bound by the Notice.

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The Kinds of Information We Collect

Information You Provide to Us Directly

We collect personal data you provide to us in the following instances:

Global Employment Privacy Notice

The personal data we collect from you allows us to manage the recruiting, hiring and employment process with you, conduct our business, and comply with applicable global laws and regulations.

The defined terms in this Global Employment Privacy Notice have the following meanings:

  • “ Candidate” means an individual who has submitted information to Omnicell in order to become a Workforce Member, or who has otherwise provided consent to be considered as a candidate for employment with Omnicell.
  • “ Workforce Member” means a full or part time Omnicell employee, director, board member, non-executive director, independent contractor, interns or agency workers.

For the most part, this Global Employment Privacy Notice applies equally to Candidates and Workforce Members. Depending on whether you are a Candidate or Workforce Member, we may collect the following categories of personal data about you. Some may or may not apply to you.

Data Category Examples
Identification Data Name, Photograph, Date of Birth, Government Identifiers, Employee Identification Number, Employee Badge
Contact Information Home Address, Telephone, Email Addresses, Emergency Contact Information
Hiring Data Information Related to Candidate Qualifications, Past Employment, Interview Notes, References, Immigration Status & Documentation, Residency Permits & Visas
Demographic Data Date of Birth, Gender, Race/Ethnicity, Veteran Status, Disability, Sexual Orientation, Gender Expression
Financial Data Banking Details, Tax Information, Payroll Information, Withholdings, Salary, Expenses, Company Allowances, Stock & Equity Grants
Performance & Management Data Information related to performance evaluations or reviews, disciplinary actions & grievances, & training & development plans
Benefits Data Information related to employee benefits we provide to you, such as spouse and dependent information, health information (including vaccination status), vacation, leaves of absence, & accommodations information
Employment Data Information related to your qualifications, your role at Omnicell such as position information, role changes, resignation/termination, resume/CV, employment contracts, office location, academic/professional qualifications, criminal records data, immigration status & documentation, residency permits & visas, national ID/passport, occupational health assessments & work-related accidents, training & employee resource group participation
Other Information You Might Share with Us Information you choose to provide to us, including hobbies, social preferences, feedback surveys, and participation in other company-sponsored programs

The collection and use of your personal data enables us to administer the recruiting and employment process as permitted under applicable laws and regulations, including:

  • the creation of a job applicant file;
  • managing job applications;
  • organizing interviews;
  • arranging and/or reimbursing travel;
  • conducting background checks;
  • onboarding;
  • fulfilling internal obligations;
  • fulfilling external obligations, including reporting responsibilities (e.g., labor and employment laws, health and safety, tax, anti-discrimination laws) or to exercise or defend our legal rights;
  • Management of payroll, taxes and benefits, as well as work-related claims and leaves of absence;
  • Creation and updating of training and other development opportunities;
  • Determination of work performance requirements and career development needs;
  • The creation of employee directories or to send documents or other items to your home address;
  • To maintain the security of Omnicell’s computing resources, assets and premises, and provide you with access to them, to manage our general operations and assets, and to provide services to you as necessary for your role;
  • Establishment of emergency contacts for you and respond to and manage emergencies, crises, and business continuity;
  • Investigate and support decisions on disciplinary actions or terminations, conduct grievance management, or as necessary to detect fraud and other wrongdoings;
  • Management of day-to-day business operations (managing inter-business relationships); and
  • DEI goals (e.g., understanding the diversity of our workforce and support core business diversity, equity, and inclusion initiatives).

Sharing with Third Parties

You provide us with most of your personal data. However, we may also obtain personal data about you during the course of the application process, as well as from third parties such as recruiting agencies.

Your personal data shall only be shared within Omnicell where lawful to do so and for legitimate purposes. We may share your personal data with third parties under the following circumstances, following a robust vetting process:

  • HR service providers (e.g., benefits providers, payroll providers);
  • Insurance organizations;
  • In connection with the sale, assignment or other transfer of all or part of our business External advisors (e.g., legal, management consultants, accounting);
  • Employee benefits providers; and
  • Government organizations or agencies.

Legal Basis

If you are from a jurisdiction that requires a legal basis for processing personal data, Omnicell’s legal basis will depend on the personal data and the context in which it is collected. We typically collect personal data from you only when necessary to carry out our employment contract with you, comply with our legal obligations, exercise rights in the field of employment, or where processing is in our legitimate interests, provided that this does not override your data protection interests or fundamental rights and freedoms. We may also rely on your consent in certain situations – such as the processing of sensitive personal data related to your health status. When collecting data in order to carry out a legal requirement, or in reliance on legitimate interests, we will disclose this to you at the time of collecting your personal data.

Transfers of Personal Data

We may transfer your personal data to countries outside the country or region in which you reside for legitimate business purposes. For more information, please visit the International Transfers of Information Section of this Privacy Notice.

Retention of Personal Data

We will retain your personal data for so long as necessary to carry out the purposes we have described above, or as otherwise required by applicable laws and regulations. This, in general, means that we will retain such personal data for so long as you are employed by Omnicell plus that period of time required by the law of the country in which you are employment, or a reasonable time to respond to inquiries, deal with legal, tax, accounting or other concerns, or to provide you with continuation of benefits, as applicable and necessary. At all times we strive to retain personal data for the minimum necessary amount of time to comply with applicable laws, regulations and internal policies and procedures. If we no longer require a use for your personal data, we will delete your data or anonymize it, or if this is not possible (for instance, where data is stored in backup archives), we will securely store your data and segregate it, to prevent further processing until deletion is possible.

If you are a Candidate, we retain your personal data for that period of time necessary to determine role eligibility (current, future) with Omnicell. This period of time may vary depending on the jurisdiction in which you reside.

Personal Data Rights

You have the right to make choices about your personal data. These choices are outlined here: You may submit your data subject access requests to https://omnicell.logicmanager.com/incidents/?t=18&p=1&k=031B4AF5197EC30A926F48CF40E11A7DBC470048A21E4003B7A3C07C5DAB1BAA

Questions?

Please submit your questions concerning this Global Employee Privacy Notice to privacy@omnicell.com or to our toll-free telephone number at (800) 671-0535.

Changes to this Global Employee Privacy Notice

We may update this Global Employee Privacy Notice from time to time. If we make any material changes in the way we use your personal data, we will notify you by sending you an email to the last email address you provided to us and/or by posting notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Please note that at all times you are responsible for updating your personal data to provide us with your most current email address. In the event that the last email address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or service, following notice of such changes after such emails are sent shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Information About You Collected Via Technology

When you visit our Sites, some information is directly collected via technology, which may include the following: computers, tablets, smart phones and any other type of technology that may allow for the collection of information when you visit our Site or engage with our services, including customer support.

  • If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email in order to send you a reply.
  • If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email in order to send you a reply.
  • Log Files. We gather certain information and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ ISP”) data, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information for purposes including analyzing trends, Site administration, tracking users’ movements around the Site and tailoring our Services to our users’ needs. Except as noted in this Notice, we do not link this collected data to other personal data we have collected from you.
  • Cookies. Like many online services, we use cookies to collect information. “ Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to improve Omnicell’s overall customer experience and tailor your customer experience to meet your special interests and needs. Performance and functionality Cookies will only be activated upon providing your consent. Moreover, you can typically choose to set your browser to remove Cookies and to reject Cookies. If you choose to remove Cookies or reject Cookies, please be aware that this could affect certain features or services of our site. Please find our cookie policy for more information.
  • Conversational Artificial Intelligence (AI) – For Customers Located in the US Only When interacting with Omnicell customer support for your technical support needs, you have the option to engage with our virtual digital agent, Omnicell Live Virtual Intelligent Agent (OLiViA). OLiViA is a conversational Artificial Intelligence (AI) platform operated by Amelia US LLC (“Amelia”), a third party vendor with whom Omnicell contracts. When interacting with OLiViA, the following information may be collected:
    • Usage information: user activity related to interaction with OLiViA, as well as the configuration of a user’s computer and performance metrics related to the use of OLiViA.
    • Log information – when using OLiViA, information about a user may be logged, including Internet Protocol (“IP”) address.
    • Information collected by cookies and other similar technologies – OLiViA uses various technologies to collect information which may include saving cookies to users’ computers, which can be disabled at the option of user, but may affect the performance of OLiViA.

HOW WE USE THE INFORMATION WE COLLECT

We may use your personal data where we can rely on a legal basis to do so, such as Performance of Services to you, with Your Consent, pursuant to a Legitimate Interest, when data has been Anonymized, or when we have a Legal Obligation to do so.

We use, collect, share, and otherwise process personal data for the purposes described in this Notice or as disclosed to you on our Sites or in connection with our services. We only collect the minimum amount of personal data needed to perform the specific processing activity for which the personal data was collected.

Performance of the Services

We process your personal data for the performance of the contractual obligations specified in our Omnicell Website Terms and Conditions, separate Terms and Conditions attached with activities, employee contracts, and/or in order to provide the services to you. This includes, for example, using your personal data for:

  • operating our Sites;
  • providing and delivering the products and services you request, including payment processing;
  • sending you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  • improving our Sites, products, services and the safety and security of our services, websites, and applications including facilitating identification and authentication, targeted online and offline marketing, for general research and aggregate reporting, customization of website and application customer experiences in accordance with our terms and conditions;
  • understanding you and your preferences in order to enhance your experience and enjoyment using our Sites, products, and services in accordance with our terms and conditions; and
  • responding to your comments and questions and providing customer service.

We process your personal data based on your consent for purposes such communicating with you regarding new contests, promotions, rewards, upcoming events, and other news about products and services offered by Omnicell and our selected partners. We may also process your personal data when you allow us to do so, for example you give us consent that you would like to participate in events.

Collection, use and disclosure of your personal data and SPDI requires your explicit consent. You may choose to not provide us with your personal data but in the event that you do so, we will be unable to provide you access to all functionalities on our Site or our Services.

Legitimate Interest

We process your personal data when we have a legitimate interest to do so. This includes, for example, processing your personal data for:

  • improving our Sites, products, services and the safety and security of our services, websites, and applications including facilitating identification and authentication, targeted online and offline marketing, for general research and aggregate reporting, customization of website and application customer experiences;
  • understanding you and your preferences in order to enhance your experience and enjoyment using our Sites, products, and services;
  • linking or combining your personal data with other personal data we obtain from third parties without personally identifying you to such third parties in order to help understand your needs and provide you with better service;
  • protecting the rights and property of Omnicell and our agents, customers, and third parties including, but not limited to, the right to enforce our agreements, policies, and terms and conditions.

De-Identified Information

We may create anonymized data records from personal data by rendering data anonymous in such a way that you, the data subject, are no longer identifiable. We use this anonymized data to analyze request and usage patterns so that we may enhance the content of our products and services and improve Site navigation. Omnicell reserves the right to use anonymized data for any purpose and disclose anonymized data to third parties in our sole discretion, unless a contract between Omnicell and you states otherwise.

We process your personal data for compliance with any legal obligation to which we are subject, in accordance with applicable laws and regulations.

INFORMATION WE SHARE

(Information About You We Obtain from Third Parties, directly from you or Information about You that You Made Publicly Available)

We share your personal data with Service Providers, Partners, Vendors, Public Authorities, Third Parties , and, if an employee of Omnicell, with our affiliates as needed to manage employment relationships.

We disclose your personal data as described in this Notice below. Additionally, we reserve the right to share your personal data when you have: (1) consented to such processing and have the ability to unilaterally revoke your consent at any time, or (2) have expressly made such personal data public, subject to limitations under applicable law. Personal data shared with third parties for purposes of processing will only be shared pursuant to a data processing agreement or data sharing agreement

  • Service Providers, Partners and Vendors
    • performance of the contractual obligations in our Omnicell Website Terms and Conditions and in order to provide the services to you;
    • serving our legitimate interests and those of third-party vendors, consultants, and other service providers;
    • protecting the personal safety and property of Omnicell, its customers, or any other third party;
    • providing or improving our services and the safety and security of our services, websites, and applications including facilitating identification and authentication, targeted online and offline marketing, for general research and aggregate reporting, customization of website and application customer experiences, including enhancement of such services through conversational AI platforms; or
    • enabling third parties to perform services on behalf of Omnicell including, but not limited to, payment processing, research, analytics, customer experience and security.
  • Public Authorities, Including Courts and Law Enforcement Agencies
    • compliance with a legal obligation or judicial or administrative order or in the course of judicial or administrative proceedings;
    • protecting the rights and property of Omnicell and our agents, customers, and third parties including, but not limited to, the right to enforce our agreements, policies, and terms and conditions;
    • We will disclose your personal data and Sensitive Personal Data and Information (SPDI), without seeking your consent, if legally required to do so, pursuant to an order from a governmental entity, judicial authority or in good faith. We will disclose the information to: (i) comply with a legal obligation, including sharing personal data with Government agencies mandated under the law to obtain such information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences; (ii) when mandated by an order under the law for the time being in force; or (iii) protect personal safety of our users or the public.
  • Third Parties:
    • facilitating the negotiation of any merger, financing, acquisition, or dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all, or a portion of our business or assets to another company. In the event of an insolvency, bankruptcy, or receivership, personal data may also be transferred as a business asset. If another entity acquires our company, business, or assets, that entity will possess the personal data collected by us and will assume the rights and obligations regarding your personal data as described in this Notice. Omnicell will not disclose your personal data to Third Parties without your express, revocable consent except as specified in this Notice.
  • Conversational Artificial Intelligence (AI) – For Customers Located in the US Only
    • When interacting with Omnicell customer support for your technical support need , you have the option to engage with our virtual digital agent, Omnicell Live Virtual Intelligent Agent (OLiViA). OLiViA is a conversational Artificial Intelligence (AI) platform operated by Amelia US LLC (“Amelia”), a third party vendor with whom Omnicell contracts. When interacting with OLiViA, collected information is used for the following purposes:
      • To set up a user account;
      • Provide, operate and maintain Amelia’s services;
      • Process and complete transactions, and send related information, including transaction confirmations and invoices;
      • Manage Omnicell’s use of Amelia’s services, respond to inquiries and comments, and provide customer service and support;
      • Send Omnicell technical alerts, updates, security notifications, and administrative communications;
      • Investigate and prevent fraudulent activities, unauthorized access to the services provided by Amelia, and other illegal activities; and
      • For any other purposes about which Amelia will notify customers and users

ADDITIONAL INFORMATION FOR CERTAIN JURISDICTIONS

FOR CALIFORNIA RESIDENTS

Omnicell takes its responsibilities for the privacy and security of Consumers’ Personal Information seriously. Requests related to Personal Information shall be made by clicking on the Individual Data Requests link at the top of this notice.

For avoidance of doubt, “Consumer” means a natural person who is a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, as that section read on September 1, 2017. “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, as more fully defined in the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). “Personal Information” does not include information that is: (1) lawfully made available from government records; (2) de-identified or aggregate information; or (3) otherwise excluded from the scope of the CCPA.

The Personal Information that is collected and how it is used and shared may be found in this Notice. In no event will Omnicell sell Personal Information provided by a Consumer. Omnicell does not offer financial incentives to Consumers for the collection of Personal Information or the deletion of Personal Information. Except as permitted by the CCPA and in accordance with any program of financial incentives established by Omnicell, if any, Omnicell will not discriminate against a Consumer because the Consumer exercised any rights under the CCPA by denying goods or services to the Consumer; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services to the Consumer; or suggesting that the Consumer will receive a different price or rate for goods or services or a different level or quality of goods or services. By law, Omnicell is not required to collect Personal Information that we otherwise would not collect in the ordinary course of business. Omnicell shall not retain Personal Information for longer than we would otherwise retain such information in the ordinary course of our business, or re-identify or otherwise link information that is not maintained in a manner that would be considered Personal Information.

If you are a Consumer, CCPA may permit you to request information regarding the:

  • Categories of Personal Information (as defined by the CCPA) collected or disclosed by us;
  • Categories of Personal Information (as defined by the CCPA) collected or disclosed by us;
  • Categories of Personal Information (as defined by the CCPA) collected or disclosed by us;
  • Categories of third parties with whom we share Personal Information; and
  • Specific pieces of Personal Information we have collected about you and in some cases your Household.

In addition, if you are a Consumer, you may:

  • Opt-out of Omnicell sharing Personal Information;
  • Exercise your right to limit use and disclosure of Sensitive Personal Information;
  • Opt-out of receiving marketing communications from us; however, you may still receive administrative communications regarding our services; and
  • Request that we and our service providers delete Personal Information we have collected from you, in some circumstances.

All requests related to Personal Information shall be made by clicking on the Individual Data Requests link.

Category of personal information we may collect: Commercial Information
The personal information contains: The Commercial Information may contain the following information: names, phone number, email addresses.
Whether we have sold or otherwise disclosed the Personal information in the previous 12 months: We do not sell Personal Information to third parties. Personal Information may be disclosed as part the job application, employment, independent contractor or other similar engagement with Omnicell.
Categories of Third Parties to whom the Personal Information was disclosed: We do not sell Personal Information to third parties. Personal Information may be disclosed to third parties engaged by Omnicell as part the job application, employment, independent contractor or other similar relationship with Omnicell.
Category of personal information we may collect: Internet/Electronic Activity
The personal information contains: The Internet/Electronic Activity may contain the following information: IP address.
Whether we have sold or otherwise disclosed the Personal information in the previous 12 months: We do not sell Personal Information to third parties. Personal Information may be disclosed as part the job application, employment, independent contractor or other similar engagement with Omnicell.
Categories of Third Parties to whom the Personal Information was disclosed: We do not sell Personal Information to third parties. Personal Information may be disclosed to third parties engaged by Omnicell as part the job application, employment, independent contractor or other similar relationship with Omnicell.
Category of personal information we may collect: Geolocational Data
The personal information contains: The Geolocational Data may contain the following information: names, phone numbers.
Whether we have sold or otherwise disclosed the Personal information in the previous 12 months: We do not sell Personal Information to third parties. Personal Information may be disclosed as part the job application, employment, independent contractor or other similar engagement with Omnicell.
Categories of Third Parties to whom the Personal Information was disclosed: We do not sell Personal Information to third parties. Personal Information may be disclosed to third parties engaged by Omnicell as part the job application, employment, independent contractor or other similar relationship with Omnicell.
Category of personal information we may collect: Professional Information
The personal information contains: The personal information contains:
Whether we have sold or otherwise disclosed the Personal information in the previous 12 months: We do not sell Personal Information to third parties. Personal Information may be disclosed as part the job application, employment, independent contractor or other similar engagement with Omnicell.
Categories of Third Parties to whom the Personal Information was disclosed: We do not sell Personal Information to third parties. Personal Information may be disclosed to third parties engaged by Omnicell as part the job application, employment, independent contractor or other similar relationship with Omnicell.

Children

Our services are not directed to children, and we do not knowingly collect or sell Personal Information from children under the age of 16. If you learn that a child has provided us with Personal Information, then you may contact us through the “Contact Us” section below.

Contact Us

Inquiries concerning CCPA or our compliance with CCPA may be directed to us by email at privacy@omnicell.com, or to our toll-free telephone number at (800) 671-0535.

FOR COLORADO RESIDENTS

Omnicell takes its responsibilities for the privacy and security of Consumers’ Personal Data seriously. Requests related to Personal Data shall be made by clicking on the Individual Data Requests link.

If you are a resident Consumer of the state of Colorado, you have the following rights under the Colorado Privacy Act(CPA) with regard to non-exempt Personal Data:

  • Right to know whether a Controller is processing the Consumer’s Personal Data;
  • Right to access Personal Data processed by a Controller;
  • Right to correction;
  • Right to deletion;
  • Right to data portability; and
  • Right to opt-out of targeted advertising or profiling.

Children

Our services are not directed to children, and we do not knowingly collect or sell Personal Data from children under the age of 16. If you learn that a child has provided us with Personal Data, then you may contact us through the “Contact Us” section below.

Contact Us

Inquiries concerning CPA or our compliance with CPA may be directed to us by email at privacy@omnicell.com, or to our toll-free telephone number at (800) 671-0535(.

FOR ILLINOIS RESIDENTS

Please see the following link regarding Omnicell’s notice regarding the Illinois Biometric Information Privacy Act (“BIPA”): https://www.omnicell.com/illinois-notice.

FOR UTAH RESIDENTS

Omnicell takes its responsibilities for the privacy and security of Consumers’ Personal Data seriously. Requests related to Personal Data shall be made by clicking on the Individual Data Requests link.

If you are a resident Consumer of the state of Utah, you have the following rights under the Utah Consumer Privacy Act (UCPA) with regard to non-exempt Personal Data:

  • Right to know whether a Controller is processing the Consumer’s Personal Data;
  • Right to access Personal Data processed by a Controller;
  • Right to correction
  • Right to deletion;
  • Right to data portability;
  • Right to data portability;
  • Right to avoid discrimination for exercising a right under the UCPA.

Children

Our services are not directed to children, and we do not knowingly collect or sell Personal Data from children under the age of 16. If you learn that a child has provided us with Personal Data, then you may contact us through the “Contact Us” section below.

Contact Us

Inquiries concerning UCPA or our compliance with UCPA may be directed to us by email at privacy@omnicell.com, or to our toll-free telephone number at (800) 671-0535.

FOR VIRGINIA RESIDENTS

Omnicell takes its responsibilities for the privacy and security of Consumers’ Personal Data seriously. Requests related to Personal Data shall be made by clicking on the Individual Data Requests link:

If you are a resident Consumer of the Commonwealth of Virginia, you have the following rights under the Virginia Consumer Data Protection Act (VCDPA) with regard to non-exempt Personal Data:

  • Right to know whether a Controller is processing the Consumer’s Personal Data;
  • Right to access Personal Data processed by a Controller;
  • Right to know if Personal Information is sold;
  • Right to know if Personal Information is sold;
  • Right to know if Personal Information is sold;
  • Right to know if Personal Information is sold;
  • Right to opt-out of targeted advertising or profiling.

Children

Our services are not directed to children, and we do not knowingly collect or sell Personal Data from children under the age of 16. If you learn that a child has provided us with Personal Data, then you may contact us through the “Contact Us” section below.

Contact Us

Inquiries concerning VCDPA or our compliance with VCDPA may be directed to us by email at privacy@omnicell.com, or to our toll-free telephone number at (800) 671-0535.

INTERNATIONAL TRANSFERS OF INFORMATION

If you are user of the Site and services residing outside of the United States, by visiting the Site and providing us with personal data, you acknowledge and agree that your personal data may be processed for the purposes identified in this Notice. In addition, we transfer the information we collect internally within our affiliates also externally with our vendors, service providers and partners so that we could operate our business and provide you with our products and services as stated in this policy. Your personal data may be processed in the country in which it was collected, but also in other countries outside of your country of Residence, including the United States, where laws regarding processing of personal data may be less stringent than or otherwise differ from the laws of the country in which you reside or are located when using our services. If you are a User in India, by using our Site or the Services, you accept the terms hereof and hereby consent to us, sharing and/or processing your personal information and Sensitive Personal Data and Information (SPDI), with third parties and in any location, including outside India. We will make best efforts to ensure that the third party of the location to which Sensitive Personal Data and Information (SPDI), is transferred accords same level of data protection as would be afforded under India law.

Privacy laws and regulations in certain countries, including the rights of governmental authorities to access your personal data, may differ from those in the country in which you reside or are located when using Omnicell’s services. Omnicell will only transfer personal data to governmental entities when authorized by the laws of the countries in which such transfers of personal data occur.

APPROPRIATE SAFEGUARDS

We rely on appropriate safeguards for international data transfers. For example we rely on an adequacy decision to transfer information to a third country or an international organisation where have been recognized by European Commission as the countries and territories outside of the European Economic Area that could ensure an adequate level of protection.

We rely on Standard Contractual Clauses (SCCs) approved by the European Commission (and the equivalent UK standard contractual clauses, UK addendum where appropriate) to transfer the information to our vendors, service providers, partners outside the European Economic Area.

THE PRIVACY SHIELD FRAMEWORKS

In light of the judgment of the Court of Justice of the European Union (CJEU) in Case C-311/18, the Privacy Shield framework for the transfer of personal data from the EU to the United States has been invalidated. Transfers of personal data between the EU and the United States are now based on the Standard Contractual Clauses (SCCs) and data processing agreements. In addition to the SCCs, we also conduct Transfer Impact Assessment (TIAs) to access the transfer and to implement supplementary measures to ensure equivalent protection of your data when transferred.

However, Omnicell remains certified under the Privacy Shield Frameworks and is fully committed to its principles. The Federal Trade Commission has jurisdiction over Omnicell’s compliance with the Privacy Shield Frameworks. Omnicell’s U.S. affiliates, namely Omnicell, Inc., Omnicell International, Inc., Medpak Holdings, Inc., MTS Medication Technologies, Inc., MTS Packing Systems, Inc., and ateb, Inc. (collectively “Omnicell US”) comply with the EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland, to the United States. Omnicell US has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between terms in this Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Frameworks and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, Omnicell commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding Omnicell’s compliance with the Privacy Shield program should first contact Omnicell at GDPR@omnicell.com. In addition, our EU Data Protection Officer may be reached at:

2B Advice GmbH
Joseph-Schumpeter-Allee 25, 53227 Bonn, Germany
Telephone: +49 228 926165 120
E-mail: omnicell@2b-advice.com

Omnicell has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim for more information or to file a complaint. The services of JAMS are provided at no cost to you.

An individual who decides to invoke this arbitration option must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with Omnicell and afford Omnicell an opportunity to resolve the issue within the timeframe set forth in Section III.11(d)(i) of the Principles: https://www.privacyshield.gov/article?id=11-Dispute-Resolution-and-Enforcement-d-e; (2) make use of the independent recourse mechanism under the Principles, which is at no cost to the individual; and (3) raise the issue through their Data Protection Authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue within the timeframes set forth in the Letter from the International Trade Administration of the Department of Commerce, at no cost to the individual. This arbitration option may not be invoked if the individual’s same claimed violation of the Principles (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties.

In addition, this option may not be invoked if an EU Data Protection Authority or the Commissioner (1) has authority under Sections III.5 or III.9 of the Principles; or (2) has the authority to resolve the claimed violation directly with the organization. A DPA’s/the Commissioner's authority to resolve the same claim against an EU or a Swiss data controller does not alone preclude invocation of this arbitration option against a different legal entity not bound by the DPA/Commissioner's authority.

In the context of an onward transfer, Omnicell, as a Privacy Shield Organization, has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Omnicell organization shall remain liable under the Privacy Shield Principles if its agent processes such personal information in a manner inconsistent with the Privacy Shield Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.

Omnicell commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.

The main EU DPAs with which we cooperate and to which we have notified our DPO are the following:

United Kingdom

Information Commissioner's Office
Address:
Wycliffe House, Water Lane, Wilmslow
Cheshire SK9 5AF
https://ico.org.uk/
Telephone: 0303 123 1113
Fax: 01625 524510

Italy

Garante per la protezione dei dati personali
Address:
Piazza Venezia n. 11 - 00187 Roma
www.gpdp.it - www.garanteprivacy.it
Telephone: (+39) 06 69677 1
Fax: (+39) 06.69677.3785
E-mail: garante@gpdp.it

France

CNIL (Commission Nationale de l'Informatique et des Libertés)
Address:
3 Place de Fontenoy TSA 80715
75334 PARIS CEDEX 07, France
Telephone: +33 (0)1 5373 22 22
Fax: +33 (0)1.53.73.22.00
E-mail: servicedpo@cnil.fr

Netherlands

Autoriteit Persoonsgegevens
Address:
PO Box 93374
2509 AJ DEN HAAG
https://www.rijksoverheid.nl/contact/contactgids/autoriteit-persoonsgegevens
Telephone: (+31) - (0)70 - 888 85 00
Fax: (+31) - (0)70 - 888 85 01

Germany (Darmstadt)

The Hessian Commissioner for Data Protection and Freedom of Information
Address:
Gustav-Stresemann-Ring 1, 65189 Wiesbaden
Telephone: 0611 – 1408 0
Fax: 0611 – 1408 611
E-mail: poststelle@datenschutz.hessen.de

Germany (Bochum)

State Commissioner for Data Protection and Freedom of Information
Address:
North Rhine-Westphalia
Postfach 20 04 44
40102 Düsseldorf
Telephone: 0211 / 38424-0
Fax: 0211 / 38424-10
E-mail: poststelle@ldi.nrw.de

EU MEMBER STATE

If you are residing, or located, in an EU Member State, you may also contact your local supervisory authority, the government agency charged with the enforcement of privacy laws, for information about your rights as a data subject. Under the law, you have the right to redress for violations of your privacy rights, as well as to seek compensation for violations of your privacy rights. Contact information for the respective supervisory authorities can be found at https://edpb.europa.eu/about-edpb/board/members_en.

INDIA

If you are a User in India, you may address any feedback, comments or grievances about this Notice, or our data protection practices to the Privacy Officer mentioned below:

Attn: Privacy Officer
Address: 500 Cranberry Woods Drive
Cranberry Township, PA 16066
E-mail: privacy@omnicell.com

HIPAA AND HEALTH PRIVACY LAWS

Omnicell’s handling of information subject to the Health Insurance Portability and Accountability Act (HIPAA) is governed by our HIPAA Statement which is available on the Omnicell US website.

SECURITY OF YOUR PERSONAL DATA

Omnicell is committed to protecting the security of your personal data. We use security technologies and procedures that we believe to be reasonably adequate to protect your personal data from loss, unauthorized access, use, or disclosure, but cannot guarantee its absolute security.

RETENTION

We delete your personal data which we process based on your consent if you withdraw your consent, or when you request us to erase your personal data in accordance with this Notice. We will retain your personal data when we have a legitimate interest to do so. For example, we may retain your personal data to resolve disputes, enforce our Omnicell Website Terms and Conditions or other user agreements, or comply with legal requirements, including (tax) retention obligations; in that event, your personal data will be blocked from use for any other purpose. In any case, Omnicell will not retain your personal data longer than necessary for the purposes set out in this Notice.

YOUR DATA SUBJECT RIGHTS

Omnicell will at all times honor your right to Access, Correct, Erase, Restrict, Transfer, Object, and Withdraw Consent at any time with respect to your personal data. You may exercise these rights to which you are entitled by contacting us by clicking on the Individual Data Requests link at the top of this Notice.

  • Request access to your personal data in order to receive a copy of the personal data we hold about you.
  • Request correction of the personal data that we hold about you in order to correct any incomplete or inaccurate information. New information provided to us may require verification.
  • Request correction of the personal data that we hold about you in order to correct any incomplete or inaccurate information. New information provided to us may require verification.
  • Request restriction of processing of your personal data.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party at your direction, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to personal data which you (a) initially provided consent for us to use, (b) where we utilized the personal data to perform a contract, or (c) we utilized the personal data to provide services to you.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and you object to processing on the basis that the processing impacts your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal data, which override your rights and freedoms. You may, however, control the extent to which we market to you, and you have the right to request that we stop sending you marketing messages at any time.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. In particular, you may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about our ongoing business relations. You may also send requests about your contact preferences and changes to your personal data including requests to opt-out of sharing your personal data with third parties by clicking on the Individual Data Requests link at the top of this Notice.

CHANGES TO THIS NOTICE

This Notice is subject to occasional revision. Any changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site, and will be effective immediately.

If we make any material changes in the way we use your personal data, we will notify you by sending you an email to the last email address you provided to us and/or by posting notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Please note that at all times you are responsible for updating your personal data to provide us with your most current email address. In the event that the last email address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or service, following notice of such changes after such emails are sent shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

This Cookie Policy (“Cookie Policy”) explains how Omnicell, Inc. and its affiliates (collectively, “Omnicell”, “we”, or “us”) uses cookies on its website(s), related applications, or online services operated by Omnicell, (collectively, “Site(s)”) which all link to this Cookie Policy as of June 2023.

What is a Cookie?

To ensure our Site(s) work properly and to provide the most up to date and relevant information to the user of such Site(s) (“User” or “you”), Omnicell places cookies on your device. Cookies are small files or part of a file stored on an internet user’s computer, creating and subsequently read by a website server, and containing personal information (such as user identification code, customized preferences, or a record of pages visited). Cookies enhance a User’s experience when using the Site(s). In addition, cookies help Omnicell to understand how Users use our Site(s) so that we can make improvements to better serve you. This Cookie Policy provides you with information about cookies and how to control them for the Site(s).

What Cookies does Omnicell use on its Site(s)?

Essential Cookies

Performance and functionality cookies are used to enhance the performance and functionality of our Site(s), but are not essential to its use. However, without these cookies, certain functionality may become unavailable. Performance and functionality Cookies will only be activated upon providing your consent.

Performance and Functionality

Performance and functionality cookies are used to enhance the performance and functionality of our Site(s), but are not essential to its use. However, without these cookies, certain functionality may become unavailable. Performance and functionality Cookies will only be activated upon providing your consent.

Analytics Cookies

Omnicell also uses analytic cookies in order to determine User interests. Providers, such as Turtl Inc. (“Turtl”) may use cookies to collect the following information:

  • Identity Data (first name, last name and title, username, and password);
  • Contact Data (billing address, email address and telephone number);
  • Technical Data (internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices if used to access Turtl’s website);
  • Profile Data (interests, preferences, feedback and survey responses);
  • Usage Data (information about how a User uses the Turtl website, products and services, if applicable);
  • Aggregated Data statistical or demographic information).

Marketing Cookie

A marketing cookie collects personal information such as your name, pages visited on our Site(s), a User’s history arriving at our website, and the like. Collected information is used to evaluate the effectiveness of our marketing campaigns or to provide better targeting for marketing.

Third Party Website Cookies

Third party cookies do not originate from Omnicell’s Site(s). Rather, they are from a third party, such as an advertiser. These cookies collect information on a User’s behavior, demographics, or personalized marketing. When visiting our Site(s), a User may encounter embedded content or be directed to a website for activities. These websites and embedded content use their own cookies. Omnicell does not have control over the placement of cookies by third parties, even if a user is directed to these cookies as a result of visiting our Site(s). However, if you do not want cookies placed on your device by a third party, many third parties offer ways to opt-out of these cookies.

Deletion and Control of Cookies

If you consented to cookies placed on your device but then wish to disable such cookies, please note that many of the cookies used on Omnicell’s Site(s) can be enabled/disabled through a User’s browser. To disable cookies through a browser, follow instructions located within the “Edit”, “Tools” or “Help” menus in the browser. Disabling a cookie or category of cookies does not delete the cookie from a User’s browser unless manually completed through a User’s browser function. To change cookie settings, please click on the following link.

Past Cookies

Collection of a User’s data from Omnicell’s analytics cookies can be deleted. If cookies are deleted, the information collected prior to the preference change may still be used. However, Omnicell will cease using the disabled cookie to collect any further information from your user experience.

Contact Us

Questions or requests may be directed to privacy@omnicell.com

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