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 Third Party-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.
Otsuka collects Personal Information regarding its customers, visitors and guests including patients, 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.
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 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 Third Party Sources
Otsuka may collect information about you from Third Party 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 Third Party-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 Third Party 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 Third Party-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.
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.
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 Third Parties 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 and share information with others. Social media resources include, but are not limited to, social networks, discussion boards, bulletin boards, blogs, wikis, and referral functions to share 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 a Third Party. We may also enable you to use these social media resources to post or share Personal Information with others. When using social media resources, you should take into careful consideration what Personal Information you share with others.
2.8 Marketing Communication
Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, 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.
2.9 All Internet Users – Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising
Like many other websites, Otsuka or its Third Party-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 Third Party-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 Third Party-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. This analytics data is not tied to any Personal Information. 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, Otsuka allows Third Party 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 Third Party 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.
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 Third Parties for our or their purposes in a de-identified or aggregated form that is designed to prevent anyone from identifying you.
3.0 Choice/Methods to Opt Out
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 over time and across websites or online services. Otsuka does not recognize or respond to browser-initiated DNT signals. For information about "do-not-track", visit http://www.allaboutdnt.org.
3.3 Advertising Choices
Otsuka may use information related to your 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 third party 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 Third Party websites for non-interest-based advertising purposes, such as to determine the effectiveness of the advertisements.
4.0 Onward Transfer
4.1 Information We Share
Otsuka does not sell your Personal Information. Except as provided below, Otsuka does not share or disclose Personal Information about you absent your consent. Otsuka endeavors to require third parties 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 share Personal Information with 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 for Our Protection and the Protection of Others
We may disclose information about you: (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
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 California Residents
This Supplemental Notice for California Residents only applies to our processing of Personal Information that is subject to the California Consumer Privacy Act of 2018 ("CCPA"). The CCPA provides users who are California residents with the right to know the Third Parties to whom we have disclosed their Personal Information in the prior calendar year, as well as the type of Personal Information disclosed to those parties. California residents can find this information below:
Category of Personal Information Collected by Otsuka
Category of Third Parties Information is Disclosed to for a Business Purpose
A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Protected classification characteristics under California or federal law
Age (40 years or older), race, color, ancestry, national origin, citizenship, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Physiological, biological, or behavioral, characteristics (including DNA) that can be used to establish individual identity including, diagnostic or lab results, imagery of the face or hand from which an identifier template can be extracted and sleep, health or exercise data that contain identifying information.
Internet or other electronic network activity
Browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement.
Physical location or movements.
Professional or employment-related information (job applicants only)
Current or past job history or performance evaluations.
The categories of sources from which we collect Personal Information and our business and commercial purposes for using Personal Information are set forth above.
"Sales" of Personal Information under the CCPA
For purposes of the CCPA, 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.
Additional Privacy Rights for California Residents
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
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 may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as at firstname.lastname@example.org.
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 representative, which may include your name, email address, phone number, or birth date.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below. 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 who intend to license or sell that Personal Information. You can exercise this right by contacting us at email@example.com with the subject line "Nevada Do Not Sell Request" and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.
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 firstname.lastname@example.org.
8.0 Redress/Compliance and Accountability
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 Third Party Websites