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Privacy Notice



A Notice of Restrictions on Use of In-House Test Results and Reports Produced for Clients

As a normal part and parcel of many of the consulting and R&D services which I provide to clients, particularly to many clients which are producers or vendors of technologies, devices or nutritional or cosmetic products, I may often run a number of tests in my in-house R&D laboratories on material properties and effects using any of a wide variety of laboratory testing equipment ranging from simple measures of pH, ORP, electrical conductivity (EC) or specific gravity (SG) to more sophisticated measures such as parallel plate slab capacitance, relative strength paramagnetic and ferromagnetic properties of materials, spectrum analysis of signals or fields, proprietary rapid assay of levels of PNSB microbes in liquid samples, or absorbance or transmission spectrophotometry of liquid samples using a digital UV-VIS-NIR spectrophotometer. 

Studies for Internal Use Only in Steering Future Research
Some of the results of these tests are kept entirely within my laboratory and my files (as needed) and are used only to help to steer and guide my research and to optimize my project management and referrals to independent certified testing laboratories for further testing or studies. However, the results of some of the tests or studies are sometimes reported -- in tabular, chart, other graphic form, or as summary reports -- to my clients in order to illustrate certain effects or properties of the device or technology under discussion. These reports and results of tests and studies are intended for use by clients for internal use only, primarily for application in steering future research or in developing a deeper understanding of the core technology, and these reports, results, charts, tables and graphic representations are never intended for use by the client in any marketing materials or as the sole or primary basis for making any marketing claims, or for reproduction or citation in any marketing materials, prospectus or on any websites or in other media distributed to the public or viewable by the public. In fact, such reports and results are, as stated earlier, intended for internal use only in steering further testing, R&D or product development, and the following uses for all such 
reports, results, charts, tables and graphic representations are expressly prohibited unless prior explicit arrangements have made otherwise, in writing, between myself and the client:
  • use, citation or reproduction in any marketing material or website
  • use in any prospectus attempting to raise funding for a venture
  • use in any materials distributed to the public or viewable by the public
  • used as sole or primary basis or foundation for making any marketing claims or claims of product effects
Are These Draconian Limitations Unique to My Laboratory/Consultancy?
The above limitations upon use of reports and research generated by my consulting services are hardly unique and rather, are quite commonplace not only for most scientific R&D consultancies, but also for many small independent testing laboratories. In the case of my consulting services, the reasons for such a limitation are myriad, and include the fact that such studies were performed only as internal research to guide future research and studies, and also reflect the fact that my laboratory is most assuredly not GLP-compliant and is not certified as GLP-compliant by the FDA. In fact, to bring any small laboratory such as mine into GLP compliance would cost hundreds of thousands of dollars, if not millions of dollars, and would entail hiring full-time PhD directors and other personnel. Such goals and such certification are not at all the intent of my in-house laboratory, and rather it remains a small and privately-run laboratory to allow me and my colleagues to learn more about the technologies, devices and/or products which we have been asked to evaluate, in order to better serve my clients in steering future research or future product development.

For Those Who Feel Compelled to Ask for Permission Anyway
However, having said the above, the reality is that a good percentage of my clients do approach me anyway and ask for permission to reproduce one or more such internal reports, summaries or graphical charts in their marketing material. In almost all cases, my answer is simply a quiet and firm "no", and I patiently remind the client that the purpose of the aforementioned research was purely preliminary and investigatory: to allow us to learn more about their product or technology prior to commissioning further studies by outside independent certified laboratories. I remind them that as preliminary investigative studies performed by a non-GLP laboratory, the results of my tests are not suitable nor fit for use in marketing materials nor as the basis for product claims, and rather, for such purposes we must wait a few more weeks or months until the client is willing and able to fund those  tests and studies which I have recommended to be performed by outside independent certified testing laboratories. I thank you in advance for understanding this matter and my position and policy.

And, Finally, for the Tiny Minority. . .
In only a very tiny percentage of cases where a client asks to be allowed to reproduce my internal reports, studies or graphical charts in marketing or other public materials do I ever grant permission to do so, and when I do so, my terms for allowing such publication are, as can be expected, rather strict. The additional fee imposed for allowing such usage of internal studies and reports reflects the additional burdens which such public disclosure can impose on my consultancy, and the additional workload and responsibilities engendered by such realities. 
I thank you in advance for understanding this matter and my position and policies.

A note about client privacy and confidentiality: Identity of my clients and details of work rendered for my clients, unless explicit arrangements have been made otherwise, remains entirely confidential and private. This is of utmost importance in this field, as many of my clients have a number of proprietary and trade secrets for technologies and processes which they wish to keep confidential.

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