Otsuka America Pharmaceutical Inc, and Otsuka Pharmaceutical Development and Commercialization Privacy Policy

1.1 Purpose 

Otsuka America Pharmaceutical, Inc. ("OAPI") and Otsuka Pharmaceutical Development & Commercialization, Inc. ("OPDC"), (collectively, "Otsuka," the "Company," "we", "our" or "us") are sensitive to privacy issues, and it is important to us to protect the information provided to us. Accordingly, Otsuka provides this privacy and information practices policy ("Privacy Policy") to inform you about our online and mobile information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can correct or change such information. We encourage you to read this Privacy Policy in its entirety before submitting any information.

By continuing to use our websites, or submitting or requesting information, you acknowledge that you understand and agree with the provisions of this Privacy Policy. If you are unable to review or access this Privacy Policy due to a disability, you may contact us to request access to this Privacy Policy in an alternative format. Please call 1-800-438-6124 or email privacyofficer@otsuka-us.com.  

1.2 Scope 

This Privacy Policy applies to Personal Information that is collected, used, and retained by Otsuka in the course of our business, including on Company websites (together with any and all future websites) and through the short code mobile messaging programs operated by or on behalf of Otsuka (collectively, the “Sites”). All individuals whose responsibilities include the processing of Personal Information on behalf of Otsuka are expected to protect that data by adherence to this Privacy Policy.  

1.3 Mobile Messaging Programs 

You may decide to subscribe to one of our short code mobile message programs (each, a “Program” and together, the “Programs”) to receive SMS/text messages from Otsuka. If you choose to opt-in and consent, such as by providing your telephone number to us and clicking submit online, or texting the join code to join to any of our five- or six-digit short code numbers, we will collect information about your interactions with the SMS/text messages that we may send to you from time to time as part of the Program(s) in which you are enrolled.  

By subscribing to a Program, you agree to our Terms of Service and the Mobile Messaging Terms of Service applicable to that Program and authorize us to make or initiate SMS/text messages to your telephone number using an automated system. If you wish to receive SMS/text messages through multiple Programs, you must separately opt-in to each Program.  

Otsuka does not sell information that we obtain from you through our Programs, including Personal Information you submit to us online to consent and opt-in to each Program, and we do not provide that information with non-affiliated third parties for any purpose other than to provide the products, services, and other information requested by you, or to fulfill our legal obligations under applicable law. To review your Advertising Choices in greater detail, please see Section 3.3 of this Privacy Policy.  

For additional information and disclosures about the Program, please see the Mobile Messaging Terms of Service applicable to you.  

2.0 Transparency/Notice–What Personal Information We Collect and How We Use It 

The types of Personal Information we may collect (directly from you or from external sources) and our privacy practices depend on the nature of the relationship you have with Otsuka and the requirements of applicable law. We endeavor to collect information only relevant for the purposes of processing. Below are the legal bases and some of the ways we collect information and how we use it. 

2.1 Individuals 

Otsuka collects Personal Information regarding its customers, visitors and guests including website visitors, patients or clinical trial subjects, healthcare providers, employees, workers or job applicants (collectively "Individuals").  

2.2 Information Otsuka Collects 

The data we collect from or about Individuals include information that may be deemed Personal Information (alone or in combination with other Information), such as name, address, age, birth date, phone number, email address, user name, government identification, and payment information.  

In addition, if you participate in certain programs or services, we may collect information regarding your medications, medical history and other healthcare-related information, including, without limitation, Protected Health Information (collectively, "Health Information"), from you or others. For example, we may indirectly collect information about your health condition, diagnosis, and treatment from your healthcare professional, but only where your healthcare professional has obtained your consent to disclose that information to us, as required by law. Any Health Information that is tied to an Individual's Personal Information will be treated as Personal Information, provided that any Protected Health Information will be protected in accordance with the requirements of HIPAA, if applicable.  

For job applicants, we collect Personal Information as described in this Privacy Policy in conjunction with your application, including: name, address, e-mail address, and other contact information; work authorization status, CV/resume, previous work experience and education information; information related to your knowledge and skills; and, other information that you elect to provide. This information is used to process your application.

For employees, we collect Personal Information as described in this Privacy Policy in conjunction with your employment with Otsuka, including: name, address, e-mail address, other contact information, bank account information, benefits information, and other work-related data. This information is used in connection with your employment.

2.3 How Otsuka Collects Personal Information 

Some of the ways that Otsuka may collect your Personal Information include: 

Otsuka may collect Personal Information from you through various channels, including Sites, in surveys, during business or marketing events, and when delivering programs and services to you.  

When you use the Sites, Otsuka may provide you with opportunities to sign up to receive specific information or services and may ask for your contact information (e.g., name, home address, home phone number or personal email address), so that we can send you specific information about our products, services, educational information and specific health conditions, with your consent.  

When you enroll in a program that Otsuka offers, we may obtain your contact information, details of your health condition, and prescribing information relating to our products.  

Otsuka is also obligated to collect certain Personal Information to comply with regulatory requirements, including information relating to adverse effects that you have experienced when using our products.  

Otsuka may indirectly collect information about your health condition, diagnosis, and treatment from your healthcare professional, but only where your healthcare professional has obtained your consent to disclose that information to us, as required by law.  

We may collect information from physicians and other healthcare providers who register on our websites in order to verify their licensure status and identity.  

Otsuka may collect various information from healthcare professionals as part of marketing activities to healthcare professionals, including first name, last name, age, gender, home address, home phone number, medical specialization, professional qualifications, license number and scientific society membership number.  

As you navigate the Sites, certain passive information may also be collected, including Internet Protocol addresses, cookies, navigational data, the name of the domain and host from which you access the Internet, the browser software you use and your operating system, the date and time you access our Sites, and the Internet address of the website from which you linked directly to our Sites. This type of information is used for the purposes of gathering data to provide improved administration of our Sites, to improve the quality of your experience when interacting with our Sites, and to show you personalized content.

2.4 Information from External Sources 

Otsuka may collect information about you from external sources to supplement information provided by you. This supplemental information allows us to verify information that you have provided to Otsuka and to enhance our ability to provide you with information about our business, products, services, and educational information. Otsuka's agreements with these external sources typically limit how the Company may use this supplemental information.  

2.5 Research/Survey Solicitations 

From time to time, Otsuka may perform research (online and offline) via surveys. We may engage external service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products, services, and educational information we provide. The survey responses may be utilized to determine the effectiveness of our Sites, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share de-identified and/or aggregate data for research and analysis purposes.  

2.6 How Otsuka Uses Your Personal Information

Depending on how you interact with Otsuka, we and our external service providers may also use Personal Information in a variety of ways, including:  

Providing Information and Services You Requested. Otsuka may use the Personal Information about you to provide you information that you may request, e.g., information about a product or program we are offering. Otsuka may also use your Personal Information to deliver a specific program or service to you, when you enroll to receive the program or service. Such use may include: (a) generally managing your information and accounts; (b) responding to questions, comments and requests; (c) providing access to certain areas and features of the Otsuka Sites; and, (d) permitting you to register for events or participate in webinars. 

Administrative Purposes. Otsuka may use the Personal Information about you for its administrative purposes, including, without limitation, to: (a) measure interest in Otsuka's Site, programs or services; (b) perform internal quality control; (c) verify identity; (d) send communications regarding the Otsuka Site, programs or services, your account, or any changes to any Otsuka policy or terms of service; (e) process payments; (f) prevent potentially prohibited or illegal activities; and, (g) enforce our Terms of Use.  

Marketing Products and Services. Otsuka may use the Personal Information about you to provide you with materials about offers, products and services offered by us, including new content or services on Otsuka Sites. Otsuka may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. If you do not wish us to use your Personal Information for marketing purposes, you may contact us at any time to opt out of the use of your Personal Information for such purposes, as further described below.  

Research and Development. Otsuka may use your Personal Information to create de-identified information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and services or develop new products, processes and services.  

Information Submitted Via Sites. You agree that Otsuka is free to use the content of any communications submitted by you via the Sites, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or services. However, Otsuka does not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.  

Disclosing Content to Friends or Colleagues. Otsuka's Sites may offer various tools and functionality. For example, Otsuka may provide functionality on its Sites that will allow you to forward or disclose certain content with a friend or colleague. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Otsuka or any other non-affiliated parties for any other purpose. By providing us with the information of another individual, you represent that you have the authority to do so, and permit us to use the information in accordance with this Privacy Policy.  

Pseudonymous Data. Including as discussed below in Section 2.11, Otsuka may use and share your anonymized or de-identified information within the Otsuka group of companies or with external vendors for public health, research, analytics and any other legally permissible purposes.  

Automated Profiling. We may use technologies considered automated decision making or profiling. We will not make automated decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to use such technology. You may escalate any concerns you have by contacting us at the address provided below.  

Other Uses. Otsuka may use your Personal Information for other purposes disclosed to you at the time you provide Personal Information or with your consent. 

2.7 Social Media 

Generally, online social media resources are interactive tools that enable you to collaborate with and disclose information to others. Social media resources include, but are not limited to, social networks, discussion boards, bulletin boards, blogs, wikis, and referral functions to exchange web site content and tools with a friend or colleague.  

Otsuka may collect Personal Information to enable you to use online social media resources offered either by Otsuka or an external vendor. We may also enable you to use these social media resources to post or disclose Personal Information with others. When using social media resources, you should take into careful consideration what Personal Information you disclose to others.  

If you use online social media resources offered by an external Social Media Resource ("External SMR") through the Otsuka Site, you acknowledge that Otsuka may be able to access any information you make public through such External SMR (such as your username, comments, posts and contacts) and other information your privacy settings on such External SMR permit Otsuka to access. Otsuka will comply with the terms of this Privacy Policy and the privacy policies applicable to any External SMR information Otsuka accesses.  

2.8 Marketing Communication 

Individuals who provide us with Personal Information, or whose Personal Information we obtain from external vendors, may receive periodic marketing communications such as emails from us with information on Otsuka or our business partners' products and services or upcoming special offers/events we believe may be of interest.  We offer the option to decline or opt out of these communications at no cost to the individual. 

Disclosure About Direct Marketing for California Residents. California Civil Code § 1798.83 permits California residents to annually request certain information regarding our disclosure of Personal Information to other entities for their direct marketing purposes in the preceding calendar year. To make such a request, please send an email to privacyofficer@otsuka-us.com with the subject “Shine the Light Request.”  

2.9 All Internet Users – Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising 

2.9.1 Cookies 

Like many other websites, Otsuka or its external vendors or service providers may employ a cookie, or small piece of computer code that enables Web servers to "identify" visitors, each time an Individual initiates a session on the Company's Sites. A cookie is set in order to: identify Individuals; tailor our Sites to you; measure and research the effectiveness of our Sites' features, offerings and advertisements; and, authenticate users for registered services. In addition, Otsuka or its external vendors or service providers may collect information from your browser or device for interest-based advertising, using cookies or similar technologies. Cookies can only access Personal Information that you have provided on our Sites and cannot be accessed by other sites. You also have the ability to delete cookie files from your own hard drive at any time by clicking on the Privacy or History tab typically found on the Settings or Options menu in your internet browser. However, please also be advised that cookies may be necessary to provide access to much of the content and many of the features of Otsuka's Sites. To learn more about cookies, visit http://www.allaboutcookies.org.

2.9.2 Pixel Tags/Web Beacons 

Otsuka may use "pixel tags," also known as "web beacons," which are small graphic files that allow us to monitor the use of our Sites. A pixel tag can collect information such as: the Internet Protocol ("IP") address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the browser type and language; the device type; geographic location; and, the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable email, we or our external vendors or service providers may use "format sensing" technology, which allows pixel tags to let us know whether you received and opened our email.  

2.9.3 Analytics Information 

We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Sites, and to develop website content. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google's collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

2.9.4 Interest-Based Advertising 

Through our Sites, in certain instances, such as with your consent, Otsuka allows our advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such information we have collected with our advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Otsuka related websites within their networks. This practice is commonly referred to as "interest-based advertising" or "online behavioral advertising."  

2.10 Mobile Devices 

Otsuka may provide websites and online resources that are specifically designed to be compatible and used on mobile devices. Otsuka will collect certain information that your mobile device sends when you use such websites or online resources, like a device identifier, user settings and the operating system of your device. 

Mobile versions of Otsuka's Sites may require that users log in with an account. In such cases, information about use of each mobile version of the website may be associated with user accounts. In addition, Otsuka may enable Individuals to download an application, widget or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to Otsuka to enable Individuals to access user accounts and to enable Otsuka to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Otsuka may use personal or non-identifiable information transmitted to the Company to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices Otsuka provides.  

2.11 De-Identified and Aggregated Information 

Otsuka may use your Personal Information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Otsuka Site or other online services, or other analyses we create. De-identified and aggregated information is used for a variety of functions, including the measurement of visitors' interest in and use of various portions or features of the Sites. De-identified or aggregated information is not Personal Information, and Otsuka may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within Otsuka and with external vendors or service providers for our or their purposes in a de-identified or aggregated form that is designed to prevent anyone from identifying you. We will maintain, maintain, process, and use this data in its deidentified form, and will not attempt to reidentify you from it. 

3.0 Choice/Methods to Opt Out 

You have the right to opt out of certain uses and disclosures of your Personal Information, as set out in this Privacy Policy. Where you have consented to Otsuka's processing of your Personal Information you may withdraw that consent at any time and opt out by following the included opt out instructions.  

3.1 Communications 

An "Unsubscribe" option will be provided on certain communications by Otsuka so you can opt out of future communications. However, we may continue to send transaction-related communication regarding products or services you have requested in response to such request. We may need to send you certain communications regarding the Otsuka programs and services and you will not be able to opt out of those communications.  

3.2 "Do Not Track" 

Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected and used over time and across websites or online services. Otsuka recognizes and responds to browser-initiated DNT signals sent by consumers’ devices and browsers. Additional information about how Otsuka responds to certain opt-out preference signals is described in Section 5.1 below. For information about "do-not-track", visit http://www.allaboutdnt.org.  

3.3 Advertising Choices 

If you choose to subscribe to any Program(s) through which you provide to us your Personal Information, Otsuka does not sell or share that information with third parties, and such information may not be used by third parties for their own marketing purposes. Otsuka may, however, disclose that information to its corporate affiliates, subsidiaries, vendors, and service providers to provide you with the SMS/text messaging service, to process and respond to your inquiries or requests, to comply with our legal obligations under applicable law, and for any other purpose to which you have consented to. 

Except as described in the preceding paragraph, Otsuka may use information related to your online browsing activities for interest-based advertising purposes. The online advertising industry provides websites from which you may opt out of receiving targeted ads from participants self-regulatory programs. You can access these websites and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Alternatively, for some devices you may use your device's platform controls in your settings to exercise choice. 

Please note you must separately opt out in each browser and on each device. Advertisements on external websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners' use of this information for interest-based advertising purposes.

Even if you opt-out, we may still collect and use information regarding your browsing activities on our Sites and/or information from the advertisements on external websites for non-interest-based advertising purposes, such as to determine the effectiveness of the advertisements. 

4.0 Onward Transfer: 

4.1 Information We Disclose 

Otsuka does not sell your Personal Information. Except as provided below, Otsuka does not disclose Personal Information about you absent your consent. Otsuka endeavors to require external vendors or service providers to which it discloses Personal Information to protect Personal Information using substantially-similar standards to those required by Otsuka, and to notify Otsuka if they make a determination they can no longer meet this obligation.  

4.1.1 Service Providers 

Otsuka may share Personal Information with our service providers that we have retained to perform services on our behalf including: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; and, (iv) customer service activities. Payment information will be used and shared only to effectuate your order and may be stored by a service provider for purposes of future orders.  

Otsuka executes contracts with service providers prohibiting them from using or sharing your Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.  

4.1.2 Business Partners 

Otsuka may disclose Personal Information to our affiliates for our and our affiliates’ internal business purposes or to provide you with a product, service or educational information that you have requested. Otsuka may also provide Personal Information to business partners with whom we may jointly offer products, services, or educational information or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Otsuka’s. Otsuka requires our affiliates and business partners to agree to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which it was provided. 

4.1.3 Information Disclosed to Non-affiliated Parties for Our Protection and the Protection of Others 

We may disclose information about you to non-affiliated parties: (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation; (iv) to enforce Otsuka policies or contracts; (v) to collect amounts owed to Otsuka; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or, (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes, e.g., to detect unauthorized activity on the Sites. In such cases, server log data containing IP addresses may be shared where applicable with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.  

4.1.4 Information Disclosed in Connection with Business Transactions 

We reserve the right to disclose or transfer any information we have about you in the event of a proposed or actual purchase, any reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing of all or any portion of our business or of any of the business assets or shares (including in connection with any bankruptcy or similar proceeding). Should such an event occur, Otsuka will endeavor to direct the transferee to use Personal Information in a manner that is consistent with this Privacy Policy.  

4.2 Data Transfers 

All Personal Information sent or collected via or by Otsuka may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers. We will endeavor that any such transfers of Personal Information of an individual residing in the European Union outside of the European Economic Area will only be made where appropriate safeguards have been put in place.  

Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Otsuka, you consent to the storage of your Personal Information in these locations.  

5.0 Your Privacy Rights 

We encourage you to update the information you provide to us, such as providing us with a new mailing or email address, a name change, or a change in other material information you have notified us about. This will help us continue to provide information to you that best meets your needs.  

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing Personal Information about you; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the "right of data portability"); (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed Personal Information; (vi) withdraw your consent; and, (vii) request erasure of Personal Information held about you by us, subject to certain exceptions prescribed by law.  

If you or your authorized representative would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity, including requiring proof of identity before fulfilling request(s). Although Otsuka makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Otsuka is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others' privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual's privacy in the case in question, or where it is commercially proprietary. If Otsuka determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.  

Otsuka does not discriminate or retaliate against anyone for exercising their individual rights under applicable laws, rules, or regulations.  

5.1 Supplemental Notice for Residents of Certain U.S. States 

This Supplemental Notice only applies to our processing of Personal Information of residents of California, Colorado, Virginia, Utah, Connecticut, Montana, Tennessee, and Texas. It provides information required under the privacy laws of those ten states –the California Consumer Privacy Act of 2018 ("CCPA"), the Colorado Privacy Act (“CPA”), the Virginia Consumer Data Protection Act (“VCDPA”), the Utah Consumer Privacy Act (“UCPA”), the Connecticut Data Privacy Act (“CDPA”), the Montana Consumer Data Privacy Act (“MCDPA”), the Tennessee Information Protection Act (“TIPA”) and the Texas Data Privacy and Security Act (“TDPSA”) (collectively, the “U.S. Privacy Laws”). Some portions of this Supplemental Notice apply only to residents of particular states. In those instances, we have indicated that such language applies only to those residents.  

These state laws provide their residents with the right to receive a notice before or at the time we collect Personal Information from them of the Personal Information (including Sensitive Personal Information) to be collected, the purpose for which we use it, whether or not that Personal Information is sold or shared, and the length of time we intend to retain each category of Personal Information. This Supplemental Notice is intended to satisfy this requirement.  

These state laws also provide their residents with the right to know the categories of Personal Information we have collected about them, the categories of sources of that information, the external vendors or service providers to whom we have disclosed their Personal Information, and the business or commercial purpose for collecting or disclosing the Personal Information. The information provided below is intended to serve this purpose.  

Under these state laws, residents of California, Colorado, Virginia, Utah, Connecticut, Montana, Tennessee, and Texas also have the following rights:  

• The right to request a copy of the Personal Information we have collected (including to request a copy in a portable format).
• The right to correct inaccurate Personal Information that we maintain about them.
• The right to delete Personal Information that we have collected from them, subject to certain exceptions.
• The right to opt-out of the sale of their Personal Information.
• The right to opt-out of the use and sharing of their Personal Information for targeted advertising across non-affiliated websites or applications.
• The right to opt-out of the use of their Personal Information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects.
• The right to restrict the processing of their Sensitive Personal Information.

An explanation of how to exercise the above rights is provided below.  

Personal Information Details for Website Visitors 

Personal Information Details for Patients or Clinical Trial Subjects 

Personal Information Details for Healthcare Professionals 

Personal Information Details for Employees, Workers, and Job Applicants 

The categories of sources from which we collect Personal Information are set forth above in the sections concerning How Otsuka Collects Personal Information and Information from External Sources. Our business and commercial purposes for collecting and disclosing Personal Information are set forth above in the sections concerning How Otsuka Uses Your Personal Information and Onward Transfer. The retention period that applies to each category of Personal Information described above is set forth below in the section concerning Retention.

"Sales" of Personal Information

Otsuka does not "sell" Personal Information, nor do we have actual knowledge of any "sale" of Personal Information of minors under 16 years of age. For purposes of this paragraph, a “sale” is the disclosure of Personal Information to a third party for monetary or other valuable consideration.

Use of Personal Information for “Profiling”

Otsuka does not use Personal Information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning an individual.

Use and Sharing of Personal Information for Targeted Advertising Across Non-Affiliated Websites and Applications

As described in section 2.9.4 above concerning Interest-Based Advertising, Otsuka “shares” your Personal Information as defined under the CCPA and uses your Personal Information for “targeted advertising” as defined under the CPA, VCDPA, UCPA, and CDPA. For purposes of this paragraph, “sharing” is the disclosure of Personal Information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration. “Targeted advertising” means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict such consumer's preferences or interests. In the past twelve months, Otsuka has shared the following categories of Personal Information: Internet or Other Electronic Network Activity, cookie-related trackers. Otsuka also used these categories of Personal Information for Targeted Advertising. You have the right to opt-out of the use and sharing of your Personal Information or Targeted Advertising. To submit an opt-out request, please click the Your Privacy Choices icon on the respective website, complete the privacy request form or contact our Privacy Office (at privacyofficer@otsuka-us.com or by calling 1-800-438-6124). We will process your request(s) in accordance with applicable law.

Your Privacy Choices

Otsuka uses the OneTrust consent management platform to recognize and honor certain opt-out preference signals that ask websites to opt out the device or browser from any “sale” or “sharing” of personal information. If you have preset your device or browser to send such signals, our website will automatically treat that signal as your request to opt out of any “sale” or “sharing” of personal information obtained from “targeting cookies” that our advertising partners use to understand your interests and market to you through that device or browser. Recognition of this signal will only take place with respect to the device and/or browser that communicates the signal.

Children’s Personal Information

Otsuka processes Personal Information about children less than 13 years of age in accordance with the federal Children’s Online Privacy Protection Act and, where legally required, obtains parental consent before processing Personal Information about a known child. Otsuka does not have actual knowledge that we have Personal Information of California residents under 16 years of age.

Sensitive Personal Information

Otsuka uses Sensitive Personal Information for the purposes listed in this Privacy Notice, which include purposes other than those authorized by these state laws or purposes that require consent from you. Where we are required by law to obtain consent from you, we will do so before collecting your Sensitive Personal Information and inform you of any additional purposes we may process that Sensitive Personal Information. Depending on your state of residence, you also may have certain rights to limit the use of your Sensitive Personal Information. To submit a request to limit our processing of your Sensitive Personal Information, please either complete the privacy request form or contact our Privacy Office (at privacyofficer@otsuka-us.com or by calling 1-800-438-6124). We will process your request(s) in accordance with applicable law.

Additional Privacy Rights for Virginia, Colorado, and Connecticut Residents

Virginia, Colorado, and Connecticut consumers have the right to appeal our decisions on their data subject requests. To appeal our decision on your data subject requests, you may contact our Privacy Office at privacyofficer@otsuka-us.com or by calling 1-800-438-6124. Please enclose a copy of or otherwise specifically reference our decision on your data subject request so that we may adequately address your appeal. We will respond to your appeal in accordance with applicable law.

Non-Discrimination. We will not discriminate against you for exercising your rights conferred by these state laws.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You must provide the authorized agent with written permission to do so, and we may deny a request submitted by a person that does not submit proof that they have been authorized to act on your behalf. In certain circumstances, we may ask you to verify your own identity directly with us and to confirm that you provided the person permission to submit the request. You may also make a verifiable consumer request on behalf of your minor child.

Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized agent, which may include your name, email address, phone number, or birth date. If you are an authorized agent, we will ask you for a copy of the written permission from the requestor authorizing you to submit the request on his or her behalf.

If you are a resident of the U.S. states listed in this section 5.1 and would like to exercise any of your rights described above, please use our privacy request form or call us at 1-800-438-6124. We will process such requests in accordance with applicable laws.

5.2 Supplemental Notice for Nevada Residents 

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties. You can exercise this right by contacting us at privacyofficer@otsuka-us.com with the subject line "Nevada Do Not Sell Request" and providing us with your name and the email address associated with your account, or completing the privacy request form. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.  

5.3 Washington & Nevada My Health My Data Act Disclosures. 

This section only applies to website visitors, patients, and clinical trial subjects of the U.S. states of Washington and Nevada to the extent the Washington My Health My Data Act or the Nevada My Health My Data Act apply to Otsuka’s processing of health data. We collect the below categories of health data from those state residents, and we process such categories of consumer health data for the purposes and in the manners listed in section 5.1:  

• Individual health conditions, treatment, diseases, or diagnosis;
• Social, psychological, behavioral, and medical interventions;
• Health-related surgeries or procedures;
• Use or purchase of prescribed medication;
• Bodily functions, vital signs, symptoms, or measurements of health information;
• Diagnoses or diagnostic testing, treatment, or medication;
• Genetic data;
• Precise location information that could reasonably indicate a resident’s attempt to acquire or receive health services or supplies;
• Data that identifies a resident seeking health care services; and
• Any inferences of the above categories of health data derived or extrapolated from nonhealthy information.

We collect these categories of health data from the sources listed in sections concerning How Otsuka Collects Personal Information and Information from External Sources, and we share these categories of consumer health data with the categories of entities listed in Section 4.1.  

These state residents may exercise their data subject rights, including obtaining access to and requesting changes to their health data under the Washington My Health My Data Act and the Nevada My Health My Data Act by contacting us via the methods listed in Section 5.1.  

We limit third-party collection of health data over time and across different websites or online services when these state residents use our websites or online services. We do this by ensuring strict contractual restrictions with entities whose cookies, pixels, and other online trackers we use on our websites and online services in accordance with applicable U.S. privacy laws including the Washington and Nevada My Health My Data Acts. Nonetheless, please note that non-affiliated parties may still be able to collect health data from you over time and across different websites depending on your browser, browser add-ons, and associated permissions you set on your device, which is unrelated to Otsuka’s collection of health data from you, and we encourage you to view those non-affiliated parties’ privacy notices for more information about their processing of health data and the methods they provide to allow you to opt out of such processing.  

6.0 Retention 

Otsuka retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Sites or as necessary to fulfill the purpose(s) for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.  

7.0 Security 

The security of all Personal Information provided to Otsuka is important to us, and Otsuka takes reasonable steps designed to protect your Personal Information. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while Otsuka strives to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to Otsuka, and you do so at your own risk. You are responsible for maintaining the secrecy of your own passwords and security of your computer system. If you have reason to believe that your passwords or Personal Information connected with your use of our Sites is no longer secure, please promptly notify us at privacyofficer@otsuka-us.com.  

8.0 Redress/Compliance and Accountability 

If after reviewing this Privacy Policy, you would like to submit a request, ask any questions, or express any concerns, please use our privacy request form. You may also alternatively contact:  

Otsuka America Pharmaceutical, Inc.     
Privacy Officer     
508 Carnegie Center     
Princeton, New Jersey 08540    
Email: privacyofficer@otsuka-us.com     
Telephone: 1-800-438-6124  

Otsuka will address your concerns and attempt to resolve any privacy issues in a timely manner.

9.0 Other Rights and Important Information 

9.1 Information Regarding Children 

Due to the nature of Otsuka's business, services and benefits are not marketed to minors. Otsuka does not knowingly solicit or collect Personal Information from children under the age of 13 (and in certain jurisdictions under the age of 16). If we learn that we have collected Personal Information from a child under the age of 13 (and in certain jurisdictions under the age of 16), we will promptly delete that information.  

9.2 Links to External Websites 

Please note that our Sites may contain links to other websites for your convenience and information. Otsuka does not control external websites or their privacy practices, which may differ from those set out in this Privacy Policy. Otsuka does not endorse or make any representations about external websites. Any Personal Information you choose to give to non-affiliated persons are not covered by this Privacy Policy. Otsuka encourages you to review the privacy policy of any company or website before submitting your Personal Information. Some external parties may choose to disclose their users' Personal Information with Otsuka; that disclosure is governed by that company's privacy policy, not this Privacy Policy.  

9.3 Compliance 

This Privacy Policy shall be implemented by Otsuka. Otsuka has put in place mechanisms to verify ongoing compliance with this Privacy Policy. Any Employee that violates these privacy principles will be subject to disciplinary procedures. 

9.4 Changes to the Privacy Policy 

Otsuka may update this Privacy Policy from time to time as it deems necessary in its sole discretion. Otsuka encourages you to review this Privacy Policy periodically to be informed regarding how Otsuka is using and protecting your information and to be aware of any policy changes. Your continued relationship with Otsuka after the posting or notice of any amended Privacy Policy shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Policy take effect immediately after being posted or otherwise provided by Otsuka.  

This Privacy Policy was last updated March 13, 2024.