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