Privacy Policy

AZURITY PHARMACEUTICALS, INC.

U.S. PRIVACY POLICY AND COOKIES NOTICE



Privacy Policy

(Effective: JULY 2020)

This policy (“Privacy Policy”) describes the privacy practices of Azurity Pharmaceuticals, Inc. and its subsidiaries and affiliates, including but not limited to the entities listed at the bottom of this notice (collectively, “Azurity”). This Privacy Policy describes how we collect, use, disclose and otherwise process personal information, and explains the rights and choices available to individuals with respect to their information. This Privacy Policy is intended and designed for the exclusive use of the citizens and residents of the United States.

Azurity may provide additional privacy notices to individuals at the time we collect their data. These “in-time” notices will govern how we may process the information you provide at that time.

BY PROVIDING YOUR PERSONAL INFORMATION TO AZURITY OR OTHERWISE USING OUR WEBSITES OR APPLICATIONS, YOU CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF THAT PERSONAL INFORMATION FOR THE PURPOSE(S) SPECIFIED OR THE TERMS OF THIS PRIVACY NOTICE. Your access to the Azurity websites for the limited and exclusive purpose of reviewing this Privacy Policy and Cookies Notice does not constitute your consent.

DISCLAIMER: The content appearing on Azurity Pharmaceuticals websites or web-based resources is presented exclusively for information purposes only and not intended to be a substitute for the advice of a trained health care professional. If you have or suspect having any health problems or conditions, you should consult your general practitioner or other qualified health provider.

1. Personal Information We Collect

Whose Personal Information We Collect

We collect personal information about the following types of individuals: clinical trial participants, patients, patient family members, caregivers or advocates, physicians and other health care professionals, clinical trial investigators, researchers, pharmacists, contractors, consultants, job applicants, volunteers, visitors to our offices, and other individuals who interact directly with Azurity or its service providers or business partners, including users of websites and mobile applications.

How We Collect Personal Information

We collect personal information:

  • directly from individuals
  • through our websites
  • from healthcare professionals
  • from clinical trial investigators
  • from government agencies or public records
  • from third party service providers, data brokers, or business partners
  • from industry and patient groups and associations
  • from social media or other public forums (including adverse event information or product quality complaints)
  • from recruiters

Types of Personal Information We Collect

The types of personal information we collect and share depends on the nature of the relationship you have with Azurity and the requirements of applicable laws. The types of personal information we collect include:

  • Health and medical information (such as medical insurance details, information about physical and mental health conditions and diagnoses, treatments for medical conditions, genetic information, family medical history, and medications an individual may take, including the dosage, timing, and frequency) we collect in connection with managing clinical trials, conducting research, providing patient support programs, distributing and marketing our products, and tracking adverse event reports
  • Personal and business contact information and preferences (such as name, job title and employer name, email address, mailing address, phone number, and emergency contact information)
  • Biographical and demographic information (such as date of birth, age, gender, marital status, and information regarding any parents or legal guardians)
  • Professional credentials, educational and professional history, institutional and government affiliations, background checks, performance reviews, aptitude and personality assessments, and information of the type included on a resume or curriculum vitae education and work history (such as work experience, education, salary, and languages spoken)
  • If you are a third party with whom we have or are contemplating a contractual relationship, such as a health care professional, we collect publicly-available information related to your practice, such as license information, disciplinary history, prior litigation and regulatory proceedings, and other due diligence related information
  • Payment-related information we need to pay for professional services, such as consulting, individuals may provide to us (such as tax identification number and financial account information)
  • If you are a health care professional, we collect information about the programs and activities in which you have participated, our interactions with you, your prescribing of our products, and the agreements you have executed with us
  • Username and password that you may select in connection with establishing an account on our website
  • Your photograph, social media handle, or digital or electronic signature
  • Publicly available information (such as comments describing support for and experience with Azurity products)
  • If you are a visitor to an Azurity office location, we collect information through closed circuit television
  • Other information you provide to us (such as in emails, on phone calls, through our websites or mobile applications, or in other correspondence, such as market research surveys, with Azurity or its service providers or business partners)

2. Our Use of Personal Information

We may use personal information for the following purposes, provided that such use is permitted by local law:

  • Communicating with you about the products and services we offer, and responding to requests, inquiries, comments, and suggestions
  • Analyzing and enhancing our communications and strategies (including by identifying when emails sent to you have been received and read, as well as your interactions with us including on our websites and mobile applications)
  • Operating, evaluating, securing, and improving our business (including our physical office locations), our websites and mobile applications, and other products and services we offer (including to research and develop new products and services)
  • Tailoring the content we display and send you in our communications, on our websites, and in our mobile apps
  • Developing, personalizing, and executing sales, marketing, and customer relationship management activities, including the delivery of programs and materials
  • Administering and analyzing surveys and other market research
  • Staffing, facilitating, conducting, and managing clinical trials
  • Tracking and responding to safety and product quality concerns (including product recalls)
  • Complying with regulatory monitoring and reporting obligations (including those related to adverse events, product complaints, spend transparency, and patient safety)
  • Analyzing use of our products
  • Supporting, facilitating, and arranging travel and other logistics for public health initiatives, symposia, conferences, and scientific, educational, community, and volunteer events, including those at Azurity offices
  • Facilitating medication adherence programs
  • Managing access to our products, including where access is limited by law to licensed physicians
  • Facilitating academic and other research and studies
  • If you are a third party with whom we have or are contemplating a contractual relationship, such as a health care professional, we collect publicly-available information related to your practice, such as license information, disciplinary history, prior litigation and regulatory proceedings, and other due diligence related information
  • Defining and managing appropriate patient engagement activities, and patient support programs (including to provide co-pay and other financial assistance where available)
  • Identifying, interacting, and engaging with health care professionals, including thought leaders and external experts
  • Awarding scholarships and grants
  • Attributing authorship to academic and promotional materials
  • Complying with legal or regulatory requirements, judicial process, and our company policies (including due diligence and contracting activities)
  • Protecting against, identifying, investigating, and responding to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide
  • Facilitating and improving our recruitment activities (such as processing employment applications, evaluating a job candidate for an employment activity, analyzing trends, and monitoring recruitment statistics)

We may aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual. We may use, disclose, and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis and business planning – without restriction.

In some situations, we may have a separate agreement or relationship with you with respect to a specific type of processing of your data, such as if you participate in a special program, activity, event, or clinical trial.  These situations will be governed by specific terms, privacy notices, or consent forms that provide additional information about how we will use your information.  We will honor these additional terms with respect to your information and thus, strongly recommend you review the additional terms prior to participating in any programs. If there is a conflict between this Privacy Policy and a separate written agreement on the subject matter of this Privacy Policy, the separate written agreement shall govern with regard to any conflicts.

3. Personal Information We Share

Azurity shares personal information for the purposes described in this Privacy Policy or through a specific “in-time” privacy notice provided at the time we collect the information.

The types of individuals or entities we share personal information with include:

  • Azurity affiliates and subsidiaries
  • Service providers that perform services on our behalf, including:
  • Contract research organizations that conduct clinical trials on our behalf
  • Data storage and analytics providers
  • Customer service (including our medical information line) and patient support providers (including for product quality and adverse event reporting, patient co-pay assistance, medicine intake adherence programs, etc.)
  • Product recall service providers
  • Technology providers (including technology support, email and web hosting providers, marketing and advertising technology providers, email and text communications providers, mobile app developers)
  • Event planning and travel organizations that help facilitate Azurity programs
  • Payment, shipping, and fulfillment service providers
  • Regulators worldwide, as required by law, including in connection with monitoring, review and approval of our studies, products and services, and adverse event reporting
  • Partners with whom we jointly develop products or services
  • Health care professionals, researchers, academics, and public health organizations
  • Publishers

Unless prohibited by applicable law, we may disclose personal information as part of a corporate business transaction, such as a merger, acquisition, reorganization, joint venture or financing or sale of our assets, and could be sold or transferred to a third party as party of such a transaction. We may also disclose personal information to a successor entity in the event of insolvency, bankruptcy, or receivership. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your personal information.

In addition, we may share your information to comply with legal and regulatory requirements, and protect against fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities.

4. Cookies and Other Information Collected by Automated Means

We, our service providers, and our business partners, may also collect certain information about the use of our websites and mobile applications by automated means, such as cookies, web beacons and other technologies (“Automated Information”). Please see our Cookie Notice at the end of this Policy for more information on cookies. We and our service providers and business partners may collect Automated Information about your online activities over time and across our own and third-party websites when you use our websites and mobile applications, including to deliver advertising-related content. In jurisdictions where Automated Information is considered personal information, or if we associate Automated Information with personal information, we will treat Automated Information as personal information in accordance with this Privacy Notice.

The information that we may collect by automated means includes:

  • Details about the devices that are used to access our websites or mobile applications (such as the IP address, and type of operating system and web browser)
  • Dates and times of visits to, and use of, our websites and mobile applications
  • Details about your interactions with emails that we may send you, including the links on which you click and your interactions with our linked sites, where permitted by law
  • Information about how our websites and mobile applications are used (such as the content that is viewed on our websites and how users navigate between our webpages, or the features of our mobile applications that are used and how users navigate between screens on our mobile applications)
  • URLs that refer visitors to our websites
  • Search terms used to reach our websites or locate our mobile applications

Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. The “help” menu on most internet browsers contains information on how to disable cookies, or you can visit https://www.aboutcookies.org/how-to-control-cookies/.

5. Region-Specific Information

Information for Individuals in the European Economic Area and the United Kingdom

This Privacy Notice is intended for U.S. residents only.

Information for California Residents


California Consumer Rights

As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected under the California Consumer Privacy Act of 2018 (CCPA) (subject to certain exemptions and limitations at law). The provisions below only apply to the extent your personal data is covered by the CCPA. Please note that if the exercise of these rights limits our ability to process personal information, we may not be able to provide our products or services to individuals who exercise these rights, or to otherwise engage with such individuals going forward. In addition, your rights and choices may be limited in certain cases: for example, if you ask to delete information which we are required or allowed by law to keep.

The Right to KnowYou may have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity: 
  • The specific pieces of personal information we have collected about you; 
  • The categories of personal information we have collected about you; 
  • The categories of sources of the personal information; 
  • The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed; 
  • The categories of personal information we have sold about you (if any) and the categories of third parties to whom the information was sold; and 
  • The business or commercial purposes for collecting or, if applicable, selling personal information about you.
The Right to Request DeletionYou have the right to request the deletion of personal information we have collected from you, subject to certain exceptions
The Right to Opt-Out of Personal InformationYou may have the right to direct us not to “sell” personal information we have collected about you to third parties now or in the future.

Note about “Sales”: Azurity does not “Sell” personal information as most people would typically understand the term. For more information, please see the “Use and Disclosure of Personal Information” section below.
The Right to Non-DiscriminationYou may have the right not to receive discriminatory treatment for exercising these rights.

Collection of Personal Information

In the last 12 months, we have collected the following categories of personal information: Identifiers, California Customer Records Categories, Protected Classification Characteristics, Commercial Information, Internet/Network Information, Sensory Information, Professional/Employment Information, Other Personal Information, and Inferences. For further details, see the “Types of Personal Information We Collect” section above. We collect this information from the categories of sources as described in the “How We Collect Personal Information” section above. We collect this information for the purposes as described in the “Our Use of Personal Information” and the “Cookies and Other Information Collected by Automated Means” section above.

Use and Disclosure of Personal Information

As described in the “Personal Information We Share” section above, we share the categories of personal information above within Azurity and with a variety of third parties for businesses purposes. Please review the “Personal Information We Share” section for more information.

Note about “Sales”: Azurity does not “sell” personal information as most people would typically understand that term.  However, we do allow certain third-party advertising partners to collect information about consumers through our services for purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for ad fraud detection and reporting. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see the “To Exercise Your Right to Opt-Out of Personal Information ‘Sales’” section below.

To Exercise Your Right to Know or Right to Deletion

To exercise your Right to Know and/or your Right to Deletion, please submit a request by:

  • Emailing privacy@azurity.com with the subject line “California Rights Request,” or
  • Calling our toll-free number: 1-800-461-7449 Ext. 7

When submitting a request, please describe your relationship with us and your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account (if applicable). We will only use personal information provided in connection with a Consumer Rights Request to review and comply with the request.

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

Requests for Minor Children

If you wish to submit a verifiable consumer request on behalf of your minor child, you must:

  • Provide sufficient information to allow us to reasonably verify your child is the person about whom we collected personal information and you are authorized to submit the request on your child’s behalf (i.e., that you are the child’s legal guardian or authorized representative).
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

To Exercise Your Right to Opt-Out of Personal Information “Sales”

As noted above, we do not “sell” personal information as most people think of that term. To the extent our third-party advertising partners collection of information from our website visitors constitute a “sale” under the CCPA, please visit the “Cookies and Other Information Collected by Automated Means” section above and “Online Privacy Choices” section below for more information about the choices and opt-out options you may have in relation to those practices.

Minors Under Age 16

We do not “sell” the personal information of consumers we know to be less than 16 years of age. However, if an activity or practice we engage in is found to constitute a “sale,” we will obtain affirmative authorization in accordance with applicable law.

6. Online Privacy Choices

Advertising networks

We work with advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use different technologies to collect Automated Information in order to understand how our websites and mobile apps are being used, analyze where users go after they leave our websites and mobile apps in order to deliver relevant advertising. These advertisements may appear on other websites or services.

These Ad Partners may recognize a particular individual across third party websites over time and link various devices used by the same individual. For more information about how Ad Partners use the information collected by these technologies and about your options not to accept cookies placed by some of these companies on our websites and mobile apps, please visit the Digital Advertising Alliance’s opt-out page.

The opt-outs described above are device- and browser-specific and may not work on all devices. If you choose to opt out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will be based on the website you are visiting and not your interests.

Marketing emails

Where legally permissible, we may send you information about Azurity products and services via email. You may unsubscribe from receiving marketing or other commercial emails from Azurity by following the instructions included in the email. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as important product safety information, or changes in website on mobile application terms).

Privacy preferences and rights

If you would like to request to review, correct, or update personal data that you have provided to us, you may contact us as indicated in the Contact Us section. We will respond to your request consistent with applicable law. Please note that we may need to retain certain personal data for record keeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.

Please note that if the exercise of these rights limits our ability to process personal information, we may not be able to provide our products or services to individuals who exercise these rights, or to otherwise engage with such individuals going forward. For information about the rights and choices users have with respect to cookies and online tracking, please see the “Cookies and Other Information Collected by Automated Means” section of this Privacy Notice.

7. Minors

We do not knowingly collect personal information from children under age 13 in the United States through our websites or mobile applications. If we learn that we have collected personal information directly from a child under the age of 13 through our websites or mobile applications, we will delete that information.

8. How We Protect Personal Information

Azurity maintains reasonable administrative, technical, and physical safeguards designed to protect the personal information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use. However, we cannot guarantee that the measures we maintain will ensure the security of the personal information.

9. Links to Websites and Third-Party Content

For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by Azurity. The websites and third-party content to which we link may have separate privacy notices or policies. Azurity is not responsible for the privacy practices of any entity that it does not own or control.

10. Updates to Our Privacy Policy

Azurity reserves the right to change this Privacy Policy at any time. When we update this Privacy Policy, we will notify you of changes that are deemed material under applicable legal requirements by updating the date of this Privacy Policy and providing other notification as required by applicable law. We may also notify you of changes to the Privacy Policy in other ways, such as via email or other contact information you have provided.

11. How to Contact Us

You may contact us with questions, comments, or complaints about this Privacy Policy or our privacy practices, or to request access to or correction of your information. When raising a request or complaint, please provide sufficient details (including your relationship with us) and any relevant documentation. The contact information for our Privacy Officer is:

Azurity Pharmaceuticals, Inc.
Attn: Legal Department – Privacy Officer
8 Cabot Road, Suite 2000
Woburn, MA 01801
privacy@azurity.com
1-800-461-7449

Cookie Notice

(Effective: JULY 2020)

Consent

By using the Azurity’s website and any other website (including mobile-optimized websites) owned or controlled by Azurity and which links to this Cookies Policy (collectively, the “Website”), you consent to the use of cookies in accordance with this Cookies Policy.

What are cookies?

Cookies are small amounts of data which your web browser stores on your device at the request of certain websites. Cookies are then sent back to the originating web domain on your subsequent visits to that domain. Most web pages contain elements from multiple web domains so when you visit the website, your browser may receive cookies from several sources.

Cookies are useful because they allow a website to recognize a user’s device. Cookies allow you to navigate between pages efficiently, remember preferences and generally improve the user experience. They can also be used to tailor advertising to your interests through tracking your browsing across websites.

There are two primary types of cookies that are used, session cookies and persistent cookies. Session cookies are deleted automatically when you close your browser and persistent cookies remain on your device after the browser is closed (for example to remember your user preferences when you return to the site). Each cookie typically falls into one of several categories.

What types of cookies does Azurity use?

We describe the categories of cookies Azurity and its contractors use below.

Strictly Necessary Cookies

These cookies are essential in order to enable you to move around the Website and use its features. Without these cookies, services you have asked for (such as navigating between pages) cannot be provided.

Performance Cookies

We make use of analytics cookies to analyze how our visitors use our Website and to monitor Website performance, including, but not limited to, those by Google Analytics. This allows us to provide a high-quality experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we might use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages. We might also use these cookies to highlight articles or site services that we think will be of interest to you based on your usage of the website. You can opt out of Google Analytics here.

Website Functionality Cookies

We make use of cookies to provide you with certain functionality. For example, to remember choices you make (such as your user name, language or the region you are in), or to recognize the platform from which you access the site, and to provide enhanced and more personal features. These cookies are not used to track your browsing on other sites.

Disabling cookies

If you do not agree to the use of cookies that are not strictly necessary, you may disable them by following the instructions for your browser as explained at http://www.allaboutcookies.org/manage-cookies/. Please note that some of our services may not function properly if cookies are disabled. You may also opt out of third-party cookies where available by using the links provided in this Cookies Policy.

Furthermore, some of our service providers that set cookies via our site on our behalf may offer the ability to opt-out of cookies via the Network Advertising Initiative’s consumer opt-out  tool, or the Digital Advertising Alliance’s Consumer Choice Page.

Cookies policy does not cover third party websites

Please note that this cookies policy does not apply to, and we are not responsible for, the cookie practices of third-party websites which may be linked to this Website.

Changes to the Cookies Policy

We may update this cookies policy and we would encourage you to review the policy from time to time to stay informed of how we are using cookies.

Azurity Pharmaceuticals Corporate Entities Covered by this

Privacy Policy and Cookie Notice

  • Azurity Pharmaceuticals, Inc.
  • Silvergate Pharmaceuticals, Inc.