TearLab Corporation ("TearLab") values your privacy and the privacy of our other customers and visitors of our web site at [www.TearLab.com] (or successor URLs) (collectively, the "Site").  Visitors to the Site are referred to individually as "User" and collectively as "Users".

This Privacy Policy describes what information we gather from you, how we use that information, and what we do to protect it.  By using the Site, you expressly consent to the information handling practices described in this policy.

This Privacy Policy is incorporated into and is subject to TearLab's Terms of Use.  Your use of the Site and any personal information you provide on the Site are subject to the terms of this Privacy Policy and TearLab's Terms of Use.

The Information TearLab Collects:

User-provided Information:

You may provide to TearLab what is generally called "personally identifiable" information (such as your name, email address, postal mailing address, home/mobile telephone number, fax number, resume or curriculum vitae) when using the Site. For example, if you use the Site to contact TearLab, we will ask for your email address so that we can respond to you.

"Cookies" Information:

When you visit the Site, we may send one or more cookies - small text files containing a string of alphanumeric characters - to your computer. TearLab may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings. Please note that disabling cookies may prevent you from accessing some of the functionality and site offerings available via the Site.

"Automatically Collected" Information:

When you visit the Site, we may automatically record certain information from your web browser by using different types of technology, including "clear gifs" or "web beacons." This "automatically collected" information may include Internet Protocol address, web browser type, the web pages or sites that you visit just before or just after the Site, the pages you view on the Site, and the dates and times that you visit the Site.

The Way TearLab Uses Information:

• TearLab uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and information found on the Site. We will use your email address, without further consent, for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues.
• TearLab uses all of the information that we collect to understand and analyze the usage trends and preferences of our Users, to improve the way the Site works and looks, and to create new features and functionality.
• TearLab may use "automatically collected" information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Site; and (b) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
• TearLab will not use your email address or other personally identifiable information to send promotional messages unless you have opted in or otherwise requested that TearLab contact you about the TearLab products and services or other information.

• TearLab does not share your personally identifiable information with other organizations for their marketing or promotional uses without your express consent.
• TearLab discloses automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Site.
• TearLab works with some authorized service providers to provide website hosting and maintenance as well as other services for us. TearLab requires these services providers to safeguard personally identifiable information you provide to us. To the extent it is necessary for these service providers to complete their contractual obligations to TearLab; these third parties may have access to or process your personally identifiable information. TearLab generally limits their use of your personally identifiable information to the purpose for which it was shared.
• TearLab may also disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.
• TearLab also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect TearLab from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Site; or to protect the rights, property, or personal safety of TearLab, our Users, or others.

Your Choices: 

You may, of course, decline to share your personally-identifiable information with TearLab, in which case TearLab will not be able to provide to you some of the features and functionality found on the Site.

Our Commitment to Children's Privacy: 

Protecting the privacy of young children is especially important.  For that reason, TearLab does not knowingly collect or maintain personally identifiable information on Site from persons under 13 years-of-age, and no part of Site is directed to persons under 13.  IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.  If TearLab learns that personally-identifiable information of persons less than 13-years-of-age has been collected on TearLab, then TearLab will take the appropriate steps to delete this information.  

Our Commitment to Data Security:    

TearLab uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information.  We cannot, however, ensure or warrant the security of any information you transmit to TearLab, and you do so at your own risk.  Once we receive your transmission of information, TearLab makes commercially reasonable efforts to ensure the security of our systems.  However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If TearLab learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.  TearLab may post a notice on the Site if a security breach occurs.  Depending on where you live, you may have a legal right to receive notice of a security breach in writing.  To receive a free written notice of a security breach you should notify us at info@TearLab.com. 

International Visitors: 

Personally identifiable information collected on the Site may be stored and processed in the United States or any other country in which TearLab or its affiliates, subsidiaries or agents maintain facilities, and by using the Site you consent to any such transfer of information outside of your country. 

In the Event of Merger or Sale:

In the event that TearLab is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.

Changes and Updates to this Privacy Policy: 

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "last modified" date below.  Please revisit this page to stay aware of any changes.  In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information.  Your continued use of the Site constitutes your agreement to this Privacy Policy and any future revisions.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information.

Effective Date, Date Last Modified:

This Privacy Policy is effective as of March 11, 2009.
This Privacy Policy was last modified of March 11, 2009.

TearLab Contact Information:

Please contact TearLab with any questions or comments about this Privacy Policy, your personal information, our third-party disclosure practices, or your consent choices at:  info@TearLab.com.