BRECKENRIDGE PHARMACEUTICAL, INC. PRIVACY POLICY

Last Updated: June 25, 2024

This privacy policy (“Privacy Policy”) applies to personal information collected and processed by Breckenridge Pharmaceutical, Inc., and its affiliates (“BPI,” “we,” “us,” or“our”), when engaging with us on our US corporate website (the “Site”) or other online informational offerings owned or operated by BPI (collectively, the “Services”). Our Privacy Policy is designed to help you understand how we collect, use, process, and share your personal information through the Services and to help you understand and exercise applicable privacy rights.

As used in this Privacy Policy, “personal information” has the meaning given to it under the U.S. state law where you reside, but typically refers to information that can be used to identify you as an individual; meanwhile activities undertaken by us with respect to your personal information are referred to as “processing.”  For residents of U.S. states with comprehensive privacy laws that apply to BPI, additional disclosures are available below.  In U.S. states with laws applicable to consumer health data, our Consumer Health Data Privacy Notice also applies.

1……… SCOPE AND UPDATES TO THIS PRIVACY POLICY

2……… PERSONAL INFORMATION WE COLLECT

3……… HOW WE USE YOUR PERSONAL INFORMATION

4……… HOW WE DISCLOSE YOUR PERSONAL INFORMATION

5……… YOUR PRIVACY CHOICES AND RIGHTS

6……… SECURITY OF YOUR INFORMATION

7……… INTERNATIONAL DATA TRANSFERS

8……… RETENTION OF PERSONAL INFORMATION

9……… CHILDREN’S INFORMATION

10……. OTHER PROVISIONS

11……. CONTACT US

12……. NOTICE AT COLLECTION AND SUPPLEMENTAL NOTICE FOR RESIDENTS OF CERTAIN U.S. STATES

1. SCOPE AND UPDATES TO THIS PRIVACY POLICY

This Privacy Policy applies to personal information collected and processed by us through the Services. BPI may provide additional privacy notices to individuals at the time we collect their personal information. Any such additional privacy notices may supplement this Privacy Policy or may apply in lieu of this Privacy Policy.

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. If you continue to access the Services after the new Privacy Policy takes effect, we will assume you have read and acknowledged the new policy.

2. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you access our Services, and information from other sources such as third-party services and organizations, as described below. 

1. Personal Information Provided to Us Directly

We may collect personal information provided to us in various ways.

• Account Creation. We may collect personal information when you create an account, such as, name, email address, and username; for example, when you join our talent community to apply for employment opportunities with us.

• Healthcare Professionals. If you are a healthcare professional, we may collect personal information such as your professional contact information, credentials, and institutional affiliations; information about our programs and activities in which you have participated; information about our interactions with you; information about your published papers; your photograph; information about your prescribing of our products and services; and information contained in agreements executed with us.

• Regulatory Information. We may collect personal information where required to comply with regulatory requirements, including information relating to Adverse Events potentially related to the use of our products.

• Patient Advocates. If you are a patient advocate, we may collect personal information such as your name, email address, and phone number.

• Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for information from us, contact us with questions or to request customer support, or otherwise communicate with us.

• Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.

• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

• Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.

• Personal Information Collected Automatically

We may collect personal information automatically when you use our Services.

• Automatic Collection of Personal Information. We may collect certain information automatically when you use our Services, such as your Internet protocol (“IP”) address, user settings, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.

• Cookie Policy (and Other Technologies). We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through your use of our Services.

1. Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
2. Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Our uses of these Technologies fall into the following general categories:

• Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or to allow us to offer you certain functionalities.

• Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytics practices to help us understand how individuals use our Services.

• Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you access our Services or keeping track of your specified preferences, interests, or past items viewed.

• Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital services are used and to continually improve and personalize our Services. One of our analytics partners is:

1. Google Analytics.For more information about how Google uses your personal information (including for its own purposes, e.g., for profiling or linking it to other data), please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.

• Social Media Platforms. Our Services may containsocial media buttons, such as LinkedIn, and YouTube, which might include widgets such as the “share this” button or other interactive mini programs. These features may collect personal information such as your IP address and which page you are visiting on our Services and may set a cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the company providing it.

• Personal Information Collected from Other Sources

• Third-Party Services and Sources. We may obtain personal information about you from other sources, including through third-party services and organizations.  For example, if you access our Services through a social networking site, we may collect personal information about you from that third-party application that you have made available via your privacy settings.

3. HOW WE USE YOUR PERSONAL INFORMATION

We may use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and services, as described below.

1. Provide Our Services

We may use your information to fulfil our contract with you and provide you with our Services, such as:

• Managing your information;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for support;
• Communicating with you about your activities on our Services or changes to our policies;
• Undertaking activities to verify or maintain the quality or safety of our Services;
• Processing applications if you apply for a job we post on our Services; and
• Allowing you to register for events.
  
  
• Administrative Purposes

We may use your information for various administrative purposes, such as:

• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Short-term, transient use, such as contextual customization of ads;
• Improving, upgrading, or enhancing our Services;
• Developing new products and services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;
• Debugging to identify and repair errors with our Services;
• Auditing related to interactions, transactions, and other compliance activities;
• Sharing personal information with third parties as needed to provide our Services;
• Enforcing our agreements and policies; and
• Carrying out activities that are required to comply with our legal obligations.

We may use your information for other legitimate business purposes as permitted by law.

• With Your Consent

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

• Other Purposes

We may also use your personal information for other purposes as requested by you or as permitted by applicable law including to create de-identified and/or aggregated information.

4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We may disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

A. To Provide our Services

The categories of third parties with whom we may share your personal information are described below.

• Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, management of our compliance records and reporting, and customer service.

• Business Partners. We may share personal information with business partners we work with to provide, or bring to market, generic medications, and bioequivalent products.

• Affiliates. We may share your personal information with our company affiliates; for example, for our administrative purposes such as facilitating a product recall, IT management, or to allow our affiliates to support and supplement the services we provide.

• Other Users or Third Parties You Share or Interact With. As described above in “personal information We Collect,” our Services may allow you to share personal information or interact with other users and third parties (including individuals and third parties who do not use our Services and the public).

B. To Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in an actual or proposed merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be disclosed, sold, or transferred as part of such a transaction, as permitted by law and/or contract.

5. YOUR PRIVACY CHOICES AND RIGHTS

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.

• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note you may not be able to opt out of non-promotional communications (e.g., communications regarding our Services or updates to our legal terms or this Privacy Policy).

• Cookies and Other Tracking Technologies. You can control our use of certain cookies and Technologies in the following ways:

1. Browser Controls. You may stop or restrict the placement of certain Tracking Technologies in your browser or remove them by adjusting your preferences as your browser permits. These tools are generally available in the help section of browsers. You can also use the quick links, based on the browser type that you are using: Internet Explorer, Google Chrome, Firefox, and Safari. However, if you adjust your preferences, our Services may not work properly.
2. “Do Not Track” / “Global Privacy Control.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Additionally, some browsers or plug-ins use a “Global Privacy Control” (“GPC”), which you can learn more about at https://globalprivacycontrol.org/. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. However, if our site detects a GPC signal from your device, we will interpret it as either a Do Not Sell request or a request to limit the sale or sharing of personal information for targeted advertising depending on the law applicable to your jurisdiction.
3. Please note that to fully exercise your rights, you must separately opt out in each browser and on each device.

Your Privacy Rights. In accordance with applicable law, you may have the right to:

• Obtain Access to and Portability of Your personal information, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (also known as the “right of data portability”).

• Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information.

• Request Deletion of your personal information.

• Request Restriction of or Object to ourprocessing of your personal information where the processing of your personal information is based on our legitimate interest or for direct marketing purposes, including the right to: (i) opt-out of the sharing of personal information, (ii) object to or restrict our use of or your sensitive personal information, including the right to opt-out of the sharing of sensitive personal information, and (iii) opt-out of the processing of your personal information for purposes of (a) targeted advertising, and (b) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

• Withdraw your Consent to our processing of your personal information. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal.

• Be Free of Discrimination for the exercise of your privacy rights conferred by applicable law.

• Right to Lodge a Regulatory Complaint. Pursuant to certain data protection laws, you may have the right to lodge a complaint with the competent supervisory authority or attorney general if you believe our processing of your personal information violates applicable law.

If you would like to exercise any of these rights, please Contact Us as outlined below or as otherwise instructed in the additional privacy notices provided at the time we collect your personal information. We will process such requests in accordance with applicable laws.

6. SECURITY OF YOUR INFORMATION

We take steps to ensure that your personal information is treated securely and in accordance with this Privacy Policy.Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of your personal information.

By accessing our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically, for example by posting a notice on our Services, by mail, or by sending an email to you.

7. INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.

8. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our services, resolve disputes, establish legal defenses, conduct audits, enforce our agreements, and comply with applicable laws, or based upon other criteria, including, but not limited to, the sensitivity and volume of such data.  Additionally, we endeavor to retain all such personal information in accordance with legal requirements.

9. CHILDREN’S INFORMATION

Our Services are not directed to children under the age of 18 (or other age as required by local law), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it (such as to protect our rights).

10. OTHER PROVISIONS

Our Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

11. CONTACT US

BPI is the controller of the personal information we process under this Privacy Policy.

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

Breckenridge Pharmaceutical, Inc.

Attn: Privacy Office

200 Connell Drive, Suite 4200

Berkeley Heights, NJ 07922

[email protected]

1-800-466-2700

12. NOTICE AT COLLECTION AND SUPPLEMENTAL NOTICE FOR RESIDENTS OF CERTAIN U.S. STATES

This Notice at Collection and Supplemental Notice is for residents of states that have adopted comprehensive privacy legislation to the extent that the apply to us and our Services (collectively, “Applicable State Laws”).

• Categories of Personal Information Collected. We may have collected the following categories of personal information from you in the last 12 months: personal identifiers (e.g., name, alias, postal address, unique personal identifier or other similar identifiers), protected classification characteristics under California or federal law (e.g., age, race, national origin), financial information, employment information, commercial information (e.g., records of personal property, or other purchasing or consuming histories or tendencies), geolocation information, Internet or other electronic network activity information, biometric information, and inferences about you.

• Sensitive Personal Information. We may have also collected sensitive personal information from you, including details of health and disability, including medical information, health insurance information, and mental health. Processing of sensitive personal information is carried out exclusively for the purposes outlined in our full Privacy Policy and Consumer Health Data Privacy Notice to the extent permitted under law. This processing activity may include service providers.

• Sources of Personal Information. As more fully described in the section titled “Personal Information We Collect,” the sources from which we collect personal information include directly from you when you interact with us, automatically from you when you use our Services (for example, through cookies and other Technologies) and from third parties.

• Use of Personal Information. We use the personal information we collect about you for the business purposes described above in the section titled “How We Use Your Personal Information.”

• Disclosures of Personal Information. We disclose your personal information to the parties described above in the section titled “How We Disclose Your Personal Information.”

Data Sale and Sharing. Your personal information is not (i) “sold” or (ii) “shared” (for purposes of targeted advertising) by us and we do not have any actual knowledge of any such activity involving the personal information of persons under the age of 18.

Data Retention.  The above section titled “Retention of personal information,” outlines the criteria we utilize for determining how long to retain your personal information.

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 authorize an agent, provide written authorization signed by you and your designated agent and Contact Us above for additional instructions.

Verification. To protect your privacy, we will take steps to reasonably verify your identity before fulfilling your request. These steps may involve asking 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, or to answer questions regarding your account and use of our Services.

De-Identified Information. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law.