Privacy Policy

1. DEFINITIONS

Definition of the essential terms used in this Privacy Policy.

Authorized agent means a natural person or a business that a consumer has authorized to act on their behalf subject regarding the exercise of the privacy rights and choices. 

Business/Controller in this Privacy Policy means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that collects consumers’ personal information, or on the behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information. 

Consumer/Data Subject
With regards to the California Data Privacy law (CCPA/CPRA), ‘Consumer’ means a natural person who is a California resident, as defined in §17014 of Title 18 of the California Code of Regulations, as that Section read on 1 September 2017, however, identified, including by any unique identifier. 

With regards to the Colorado Data Privacy law (CPA), ‘consumers’ are defined as individuals who are a Colorado resident acting only in an individual or household context and does not include an individual acting in a commercial or employment context as a job applicant, or as a beneficiary or someone acting in an employment context. 

With regards to the Connecticut Data Privacy law (CTDPA), ‘consumers’ is defined as an individual who is a resident of Connecticut. However, a consumer does not include an individual acting in a commercial or employment context or as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit, or government agency whose communications or transactions with the controller occur solely within the context of that individual’s role with the company, partnership, sole proprietorship, nonprofit or government agency. 

With regards to the Virginia Data Privacy law (CDPA), a ‘consumer’ is defined as a natural person who is a resident of Virginia acting only in an individual or household context but does not include a natural person acting in a commercial or employment context. 

With regards to the Utah Data Privacy law ‘consumer’ is defined as an individual who is a resident of Utah and is acting in an individual or household. However, ‘consumer’ does not include an individual acting in an employment or commercial context. 

Contractor means a person to whom the business makes available a consumer’s personal information for a business purpose pursuant to a written contract with the business, provided certain things are prohibited within the contract. 

Personal information is information that identifies, relates to, or could reasonably be linked with you or your household. For example, it could include your name, social security number, email address, records of products purchased, internet browsing history, geolocation data, fingerprints, and inferences from other personal information that could create a profile about your preferences and characteristics. Personal information does not include publicly available information (including public real estate/property records). In this Privacy Policy the term ‘personal data’ has the same meaning above reported for ‘personal information’. 

Processor: An individual who, or legal entity that, processes personal data on behalf of a Controller Fidia USA. 

Sale: ‘Sell,’ ‘selling,’ ‘sale,’ or ‘sold,’ means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for monetary or other valuable consideration. 

Sharing: ‘Share,’ ‘shared,’ or ‘sharing’ means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and o third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged. 

Sensitive (personal) information is a specific subset of personal information that includes certain government identifiers (such as social security numbers); an account log-in, financial account, debit card, or credit card number with any required security code, password, or credentials allowing access to an account; precise geolocation; contents of mail, email, and text messages; genetic data; biometric information processed to identify a consumer; information concerning a consumer’s health, sex life, or sexual orientation; or information about racial or ethnic origin, religious or philosophical beliefs, or union membership. Consumers have the right to also limit a business’s use and disclosure of their sensitive personal information. 

Service Provider means a person that processes personal information on behalf of a business and receives from or on behalf of the business a consumer’s personal information for a business purpose pursuant to a written contract, provided that certain things are prohibited within the contract. 

Third-party: means a person who is not any of the following:
– the business with whom the consumer intentionally interacts and that collects personal information from the consumer as part of the consumer’s current interaction with the business;
– a service provider to the business; or 
– a contractor. 

2. USE BY CHILDREN

The Website is not directed to individuals under the age of 16. 

If you are a child under the age of 16, you are requested not provide personal information through the Website.  

If you are the parent of a child and you believe that he/she has provided personal information and you would like to request that such personal information be removed, please contact us as explained below Section Contacts. 

3. DATA WE COLLECT AND USE

We collect information about you directly from you, automatically through your use of the Website, and from Third-parties.  

Information we collect directly from you
We collect personal data you choose to provide, such as through registrations, applications and surveys, and in connection with your requests, and purchases where the Website is equipped with purchasing functionalities. This could include you choose to provide your name, contact information, health, insurance and/or financial information; healthcare providers may choose to provide information relating to their specialties and professional affiliations.  

Information we collect automatically
We, directly or from our service providers automatically collect information when you use our Website, such as your browser type and operating system, web pages you view, links you click, your IP address, the length of time you visit the Website, and the referring URL. Service providers and Third-party business partners, may use these technologies to collect information about your online activities. See also, the Section below on Cookies and Other Tools.  

Information we collect from other sources
From time to time, we may use or augment the personal data we have about you with information obtained from other sources, such as public databases, social media platforms and other Third-Parties. For example, we may use such Third-party information to confirm contact or financial information, to verify licensure of healthcare professionals or to better understand your interests by associating not individual demographic information with the information you have provided.  

If you submit any personal data relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.  

4. HOW WE USE PERSONAL DATA

We may use your personal data in the following ways for our business purposes: 

To serve you 
We use your personal data to: 
– Operate our business;
– Deliver our products and services
– Process, complete and fulfil your requested transactions
– Provide services as available on the Website and answers to your requests
– Communicate with you in case we lawfully retain your contact details for business purposes
– Provide you with newsletters, articles, business announcements, invitations, and other information about products, brands, health topics and disease states in case you have previously consented to these communications

To connect you with Third-parties 
We may provide functionality on the Website that will allow you to forward and share certain content with a friend or colleague. If you choose to use such sharing functionality to refer someone to our content, products or services, we will use your data and that of the individual you are sharing with to send the content or link you request.  

In addition, we may offer access to Third-party sharing functionality, such as Third-party social media widgets/tools/buttons. If you use that functionality, your use is subject to the Third-party’s privacy policy and terms. As with all hyperlinks to not Fidia USA websites/content/services, we recommend that you read the privacy policies and terms associated with third-party resources carefully.  

To validate your access/use products, services and information, as available at the Website 
Some products, services, and information we could offer may only be suitable for/accessible to individuals meeting certain eligibility criteria. In such cases, we may verify that you meet such criteria. For example, some information regarding our products is only addressed and accessible to licensed healthcare professionals and we may use information we collect directly from you and from outside sources to validate your eligibility to access such information.  

To improve and protect patients and consumers 
We use the information you provide for data analysis, to track and respond to concerns, for fraud prevention. In addition, we use the information you provide to comply with our regulatory monitoring and reporting obligations including those related to adverse events, product complaints and patient safety.  

Aggregated/ de-identified form 
We may aggregate and/or de-identify data about visitors to our Website and use it for any purpose provided that it is anonymised data.  In any case we do not attempt to reidentify the data to individuals. 

We do not make automated profiling that may have legal effect or other significant impact on you. 

5. HOW WE DISCLOSE YOUR PERSONAL DATA

We may disclose your personal data for our business purposes as follows. 

With our Parent Company
Fidia USA is part of the Fidia Group with Parent Company Fidia Farmaceutici S.p.A., established in Italy, Via Ponte della Fabbrica 3/A – 35031 Abano Terme (PD) – www.fidiapharma.it and we may disclose your personal data to our Parent Companies and the other companies part of the Groups exclusively for the purposes stated in this Privacy Policy. 

In case of business transfers 
If we sell or transfer a business unit or an asset to another company, where necessary and consistent with applicable law and for strictly allowing continuity of the business, we will disclose your personal data to such company and will require such company to use and protect your personal data consistent with this Privacy Policy.  

With Suppliers
We may contractually involve other companies or individuals to perform services on our behalf and we may collaborate with other companies or individuals with respect to certain products or services (‘Suppliers’). These Suppliers may be provided with access to personal data strictly necessary to perform their duties, however they are contractually obliged to not use the data for their purposes exceeding what they are contractually obliged to carry on for us, and always ensuring the security of the data.  

Examples of Suppliers include service providers and contractors, email services provider, data analytics companies, web hosting and development and auditor companies.  

To comply with law and protect rights 
We may disclose your personal data as required by law, when the disclosure is necessary or appropriate to comply with a regulatory requirement, judicial proceeding, court order, government request, or legal process served on us, or to protect the safety, rights, or property of us or others.  

In the aggregate/de-identified form 
We may also disclose aggregate or de-identified data for any purpose permitted under applicable law.  

6. ADDITIONAL STATE SUPPLEMENTAL PRIVACY NOTICE

You may have certain rights regarding our processing of your personal data under applicable local state law. If our processing of your personal data is governed by such laws, the following provisions apply to our processing of your personal data, whether collected online or offline. 

These provisions supplement the other sections of this Privacy Policy.  

We do not “sell” or “share” for cross-contextual behavioral advertising (as those terms are defined under applicable federal, state or local law) the categories of personal data described below. 

We do not use or disclose sensitive information for purposes other than permitted under applicable federal, state or local law. 

CATEGORIES OF PERSONAL DATA THAT WE COLLECT AND DISCLOSE

Also as described in How we use personal data, we may use this personal data to serve you, to connect you with Third-parties; to validate your ability to access and/or use certain products, services and information; to protect patients and consumers; to operate, manage, and maintain our business; to respond to your requests; to send administrative information to you; to send you certain marketing communications; to personalize certain experiences; and to facilitate social sharing or messages services when available. We may also use your personal data for our business purposes and objectives, including, data analysis; audits; developing new and improving existing products; identifying usage trends; determining the effectiveness of promotional campaigns; preventing fraud; and expanding our business activities. Additionally, we may use this personal data to comply with applicable law, legal process, respond to requests from public and government authorities, and to protect our rights, operations, and enforce our terms of service.  

As described in the Section Retention Period, we may retain your personal data for as long as needed or permitted in light of the purpose(s) for which it was obtained and as outlined in this Privacy Policy, depending on the length of our relationship with you, whether there is a legal obligation to which we are subject; or whether retention is advisable in light of our legal position.  

7. INDIVIDUAL PRIVACY RIGHTS AND CHOICES

You have the right to make the following requests, at no charge: 
– Know: The right to know what personal information the we have collected about the you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of Third-Parties to whom the we disclose personal information, and the specific pieces of personal information we have collected about the consumer.
– Delete: The right to delete personal information that the business has collected from you.
– Copy: You may request, up to twice every 12 months, a copy of the specific pieces of personal data that we have collected, used or disclosed about you in the prior 12 months and to have this delivered, free of charge, either (i) by mail or (ii) electronically in a portable and, to the extent technically feasible, readily useable format that allows you to transmit this information to another entity without hindrance.
– Correct: You may request correction of your personal data that we have collected about you if it is inaccurate or incomplete.
– Not Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights conferred by the applicable state law, including an employee’s, applicant’s, or independent contractor’s right not to be retaliated against for the exercise of their rights above described.
– Appeals. You may have a right to appeal a decision we make relating to requests to exercise your rights under applicable local law. To appeal a decision, please access our webform reported in the next section “Submitting Requests”.

Please contact us according to the Section Contacts if you have any questions regarding this Section.  

Submitting Requests
You may submit requests to delete, correct, access a copy and/or know personal data we have collected about you by accessing our webform ‘Fidia USA Privacy Rights Request form’, or by contacting us at Fidia USA’s toll free number 866-749-2542 option #7. You will be asked to provide certain personal information when submitting your request including your relationship with Fidia USA, first and last name, email address, telephone number and postal address in order for us to determine if your information is in our systems.  

We will further verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the personal information subject to the request. We may need to request additional personal information from you, such as your date of birth or government identifier, in order to protect against fraudulent or spoofed requests. If you want to make a request as an authorized agent on behalf of an individual under applicable federal, state or local law, you may use the submission methods noted in the webform ‘Fidia USA Privacy Rights Request form. As part of our verification process, we may request that you provide us with proof that you have been authorized by the individual on whose behalf you are making the request under applicable local law, which may include signed permission provided by such individual.  

8. COOKIES AND OTHER TOOLS

Fidia USA collects information about you by using cookies, tracking pixels and other technologies, as specifically described with the Cookie Policy. 

9. SECURITY MEASURES

We use technical, administrative, and procedural measures designed to protect your personal data from unauthorized access or use. No such measure can be fully effective though, so we do not guarantee that your personal data will be secure from theft, loss, or unauthorized access or use, and we make no representation as to the reasonableness, efficacy, or appropriateness of the measures. 

All data will be processed mainly in electronic format and collected and processed by applying the technical and organizational measures consistent with a level of security appropriate to the risks, taking into account the state of the art and the implementation costs and, where applicable, the security measures prescribed by the applicable laws.  

In using the functionalities as available on the Website and with reference to personal data protection aspects, you are invited to report to us any circumstances or events that may result in a potential “Data Breach”, by sending a communication to the following Fidia USA email address at compliance@fidiapharma.us in order to allow us to assess the event and adopt the measures and procedures provided for by law.  

With the term Data Breach” we intend “any security breach that involves the accidental or unlawful destruction, loss, modification, unauthorised disclosure or access to personal data transmitted, stored or otherwise processed“.  

The measures adopted by us do not exempt the users of the Website from paying the necessary attention, where the use passwords/PINs is required for a specific Website service, choosing passwords/PINs of adequate complexity, and which must be periodically kept update and safeguarded and make inaccessible to others, in order to avoid their improper and unauthorised use. 

10. YOUR PERSONAL DATA UPDATES

You may update your personal data and your preferences. Different Fidia USA services may offer different communication tools such as phone numbers, hyperlinks or any other means of communications that allow you to inform us of your updates and choices, including opting out of particular communications. These contact options are typically available on our Website or in the emails or texts we send, but you may always contact our Privacy contact point for assistance at compliance@fidiapharma.us if you have any difficulty finding these communication tools or otherwise updating your data or preferences. 

11. RETENTION PERIOD

We will retain your personal data for as long as needed or permitted in light of the purposes for which it was obtained and as described in this Privacy Policy. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the Website to you; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (such as in regard to the enforcement of the Terms of Use, litigation or regulatory investigations).  

12. CROSS BORDER TRANSFERS

The Website is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country other than that of the United States of America (USA). Any information you provide to us through your use of the Website may be stored and processed, transferred between and accessed from the USA and other countries which may not guarantee the same level of protection of personal data as the one in which you reside. However, we will handle your personal data in accordance with this Privacy Policy regardless of where your personal data is stored/accessed.  

13. CONTACTS

If you would like to exercise any individual rights, please contact us by accessing our webform “Fidia USA Privacy Rights Request form”, or by contacting us at Fidia USA’s toll free number 866-749-2542 option #7. We will answer to your request consistent with applicable law.  

If you have any other questions/need of clarifications about this Privacy Policy, contact our Privacy contact point for assistance at compliance@fidiapharma.us or write to the following address: 
Fidia Pharma USA Inc. 
100 Campus Drive, Suite 105, 
Florham Park, NJ 07932, USA
Attention to: Fidia USA Privacy contact point 

14. UPDATES TO THIS PRIVACY POLICY

We may change this Policy at any time as deemed necessary in the respect of the applicable law or for our business purposes. Any changes to this Privacy Policy will become effective when the Policy is posted on the Website. Your use of the Website following these changes means that you accept the revised Policy. We recommend that you regularly review this Privacy Policy when you visit the Website.