PRIALT Privacy Statement
Last Updated: 24 January 2018
Jazz Pharmaceuticals, Inc. and its subsidiaries (“we”, “us” and “our”) recognise the importance of and are committed to respecting and protecting your privacy. This Privacy Statement applies to our collection and use of personal information through our websites or mobile applications (together, the “Site”) and through our offline business-related interactions with you.
Please read this Privacy Statement carefully in order to understand how we process personal information. If you do not agree with our use of your personal information as described in this Privacy Statement, please do not use the Site or otherwise provide personal information to us.
Because of our commitment to the protection of your personal information, we evaluate our privacy policies and procedures to implement improvements and refinements from time to time. If we make material changes to this Privacy Statement, we will notify you by means of a prominent notice on this Site prior to the change becoming effective.
Information we may collect about you
Personal information is information that identifies you as an individual or relates to an identifiable individual. We may collect and process the following personal information about you:
- information (such as, your name, email address, postal address, telephone number, professional credentials, date of birth, identification number) that you provide by completing forms on the Site, including if you register, upload or submit any material via the Site, [or enter into any competition or promotion we may sponsor.
- in connection with an account sign-in facility, your log-in and password details;
- the content of any communications you send to us, for example, to report a problem or to submit queries, concerns or comments regarding the Site or its content;
- information you provide when you participate in discussion boards or other social media functions connected with the Site;
- information from surveys that we may, from time to time, run on the Site for research purposes, if you choose to respond to, or participate in, them; and
- information that we may collect from you offline in connection with business-related interactions with you, such as if you provide information to us at an industry event or contact us by telephone. (Note that this Privacy Statement does not apply to information that we may collect through our clinical trials, which are governed by separate terms and agreements.)
Our collection of your personal information is necessary for us to provide you with the requested service, including services available through the Site. As a result, we have a legitimate interest to collect your personal information, including to provide you with the requested service or to perform our obligations under our contractual relationship with you. If you choose not to provide personal information, we may not be able to provide you with the requested services.
We may also receive personal information about you from other sources, which could include commercially available sources, such as public databases and data aggregators to the extent permitted by applicable data protection laws.
In addition, we automatically collect basic technical information from all visitors to the Site. We collect technical information during your visit to the Site through our automatic data collection tools, which may include cookies and other commonly used technologies. These tools collect certain standard information that your browser sends to the Site such as your browser type and language, access times, and the address of the site from which you came to the Site. They may also collect information about your Internet Protocol (IP) address, or click stream data within the Site (i.e. the actions taken in connection with the Site). Please see “Cookies and other similar technologies” below for additional detail about the information we collect through cookies and other commonly used technologies.
How we use your personal information
Subject to applicable data protection laws, we may use your personal information for the following purposes: (i) to provide you with the services and information offered through the Site; (ii) to contact you and respond to your requests and inquiries; (iii) for business administration, including statistical analysis; (iv) to personalise your visit to the Site and to assist you while you use the Site; (v) to improve the Site by helping us understand who uses the Site; (vi) to contact you to tell you about products and services offered by us which we believe may interest you and (vii) for fraud prevention and detection and to comply with applicable laws, regulations or codes of practice.
Sharing of your personal information
We may use selected third parties to provide us with services, including companies that provide us with technical support and assistance in respect of the Site, who may have access to your personal information while performing services on our behalf. Our affiliates (https://www.jazzpharma.com/contact/) may also have access to your personal information including through or in connection with this Site for the purposes set out in this Privacy Statement.
Similarly, we may share your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property, or the rights, property or safety of others, including to advisers, law enforcement, judicial and regulatory authorities. We may also transfer your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets, or shares (including in connection with any bankruptcy or similar proceedings.)
The servers used in the operation of the Site automatically identify a computer by its IP address. If we, in good faith, determine that you have or are attempting to misuse or harm the Site, we may investigate and cooperate with appropriate law enforcement to protect our rights or property.
International data transfers
Your personal information may be transferred to countries located outside your country or region, including to countries that may not provide a similar or adequate level of protection to that provided by your country or region. For example, if you are located in the European Economic Area (“EEA”), we may transfer your personal information to the United States or other countries outside of the EEA. By using the Site or otherwise providing personal information to us, you hereby expressly consent to the transfer of your personal information outside your country or region.
For our transfer of personal information from the EEA to any countries not recognized by the European Commission as providing an adequate level of data protection according to EEA standards, we have implemented adequate measures to protect the information, such as our certification to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework for transfers to Jazz Pharmaceuticals U.S. and standard contractual clauses adopted by the European Commission where needed. If you are located in the EEA, you can request more information about these measures by contacting us at the address or email address in the “Contacting Information” section below.
EU-U.S. Privacy Shield [and Swiss-U.S. Privacy Shield]
Jazz Pharmaceuticals Inc. and its subsidiary Celator Pharmaceuticals Inc. (together “Jazz Pharmaceuticals U.S.”) have self-certified to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (together the “Privacy Shield”) as set forth by the U.S. Department of Commerce, and they adhere to the Privacy Shield Principles (the “Principles”) regarding the processing of personal information transferred from organizations in the EU and Switzerland to Jazz Pharmaceuticals U.S. in the U.S. To learn more about the Privacy Shield program, and to view Jazz Pharmaceuticals U.S.’s certification, please visit http://www.privacyshield.gov.
The Jazz Pharmaceuticals U.S. certification covers both “personal information” which means any information from which an individual can be directly or indirectly identified, as well as “sensitive personal information” which means personal information revealing an individual’s racial or ethnic origin, political opinions or membership of political parties or similar movements, religious or philosophical beliefs, membership of a professional or trade organization or union, physical or mental health, including any opinion thereof, sex life, and, where permitted by applicable law, criminal offences and alleged offences, criminal records or proceedings with regard to criminal or unlawful behavior. Where the individual is based in Switzerland, the definition of sensitive personal information also includes personal information revealing an individual’s ideological views or activities, information on social security measures or administrative or criminal proceedings and sanctions, which are treated outside pending proceedings. The certification applies to personal information both in electronic or paper form, including personal information and sensitive personal information from agents, consultants, contractors, vendors, service providers, business associates, healthcare professionals, patients, clinical trial participants and others.
Under the Privacy Shield, Jazz Pharmaceuticals U.S. will offer an individual the opportunity to choose (opt-out) whether personal information about them will be disclosed to a third party or used for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by them, unless such choice is not required by law. For sensitive personal information, Jazz Pharmaceuticals U.S. will seek explicit (opt-in) consent before the sensitive personal information is disclosed to a third party or used for a purpose other than its original purpose or the purpose authorized subsequently by the individual.
Jazz Pharmaceuticals U.S. shall remain liable under the Principles if a third party agent uses or discloses personal information received from Jazz Pharmaceuticals U.S. in a manner inconsistent with the Principles, unless Jazz Pharmaceuticals U.S. proves that it is not responsible for the event giving rise to the damage.
With respect to personal information transferred or received pursuant to the Privacy Shield, Jazz Pharmaceuticals U.S. is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In certain instances, Jazz Pharmaceuticals U.S. may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, Jazz Pharmaceuticals U.S. commits to resolve complaints about our collection or use of personal information received pursuant to the Privacy Shield. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact the Jazz Pharmaceuticals Group Privacy Office at firstname.lastname@example.org or at the address or telephone number listed below in “Contacting Us.” Where a complaint relates to personal information transferred or received pursuant to the Privacy Shield, Jazz Pharmaceuticals U.S. will respond within 45 days of receiving any such complaints. Jazz Pharmaceuticals U.S. has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with respect to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland. If you are unsatisfied with the way Jazz Pharmaceuticals U.S. has responded to any such complaints or concerns about the handling of personal information about you in the context of the Privacy Shield (if applicable), you may contact your Data Protection Authority. Under certain circumstances, an individual may choose to invoke binding arbitration to resolve any Privacy Shield disputes that have not been resolved by other means.
Individuals in the EU, Switzerland, and certain other jurisdictions may have certain data subject rights which may be subject to limitations and/or restrictions. These rights may include the right to: (i) request access to and rectification or erasure of their personal information; (ii) obtain restriction of processing or to object to processing of their personal information; and (iii) the right to data portability. If you wish to exercise one of the above mentioned rights, please send us your request via email to: email@example.com. Individuals also have the right to lodge a complaint about the processing of their personal information with their local data protection authority.
Security and retention of your personal information
The security of your personal information is important to us. We take reasonable steps, including technical, administrative and physical safeguards, designed to protect the personal information submitted to us from loss, misuse and unauthorised access, disclosure, alteration and destruction. However, no method of security or method of transmission over the Internet is entirely secure. You should always use caution when transmitting personal information over the Internet.
We may retain your personal information for as long as your account is active or as needed for the specific business purpose for which it was collected. In some cases, we may be required to retain information to comply with laws or regulations or other legal obligations, resolve disputes and enforce our agreements.
Cookies and other similar technologies
Cookies are small text files that are stored on computer hard drives by websites that you visit. There are two general types of cookies, session cookies and persistent cookies. Session cookies are only used during a session online and will be deleted once you leave a website. Persistent cookies have a longer life and will be retained by the website and used each time you visit a website. Both session and persistent cookies can be deleted by you at anytime through your browser settings.
We use the following session and persistent cookies on the Site:
- Strictly necessary cookies: they are essential in order for visitors to move around the Site and use its features.
- Analytical / performance cookies: they allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies: these are used to recognise you when you return to our Site. This enables us to personalise our content for you and remember your preferences.
We may use Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies to, among other things, collect and store information about your use of the Site. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also go to the Global Storage Settings Panel and follow the instructions (which may explain, for example, how to delete existing Flash LSOs (referred to as “information”, how to prevent Flash LSOs from being placed on your computer without your being asked, and how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications.
In addition to cookies, tracking Gifs may be set by us or third parties in respect of your use of the Site. Tracking Gifs are small image files within the content of the Site or the body of our emails/newsletters so we or third parties can understand, for example, which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
If you would like to opt-out of tracking for advertising purposes, you may do so by following: (i) http://preferences-mgr.truste.com/; (ii) the Network Advertising Initiative at: http://www.networkadvertising.org/choices; or (iii) the European Interactive Digital Advertising Alliance at: http://youronlinechoices.eu/. For more information on how to disable tracking for certain web browsers and mobile devices, visit http://allaboutdnt.com/.
The Site may, from time to time, contain links to external sites operated by third parties. We are not responsible for these third party sites or the content of such third party sites. Once you have left the Site, we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy statement for the website you visit.
We may contact you periodically in by e-mail to provide information regarding programs, products, services and content that may be of interest to you, unless you advise us that you do not wish to receive marketing or market research communications from us. If applicable law requires that we receive your explicit consent before we send you certain types of marketing communications, we will only send you those types of communications after receiving your explicit consent.
If you wish to stop receiving marketing or market research communications from us, you can contact us as described below to let us know what types of communications you wish to stop receiving.
Email a friend
We may from time to time, where permitted by applicable laws operate a “Send” or “Share” service to enable you to easily share content from the Site with someone else. If you use this facility please ensure that you have obtained that person’s consent before you provide us with their personal information. We will use this personal information to send the individual a single email message on your behalf.
Children under 13
This Site is not directed towards children under 13 years of age nor do we knowingly collect information from children under 13. If you are under 13, please do not use the Site or submit any personal information to us. If you believe that we have unintentionally collected personal information about your child, you can contact us as described below.
Your California privacy rights
California’s “Shine The Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for third-party direct marketing purposes in the preceding calendar year. Jazz Pharmaceuticals does not distribute your personal information to third parties for third-party direct marketing purposes, except as provided for in this Privacy Statement,
Contacting Information; Data Controller
If you have any questions, comments or suggestions about this Privacy Statement or our privacy practices, please contact the Jazz Pharmaceuticals Group Privacy Office at:
Address: 3170 Porter Drive, Palo Alto, CA 94303, U.S.
Tel.: (650) 496-3777
For purposes of European data protection laws, Jazz Pharmaceuticals, Inc. is the data controller: i.e., the company responsible for controlling the processing of personal information covered by this Privacy Statement. Jazz’s Data Protection Officer can be reached using the contact information provided above.