On March 17, 2015, Actavis (NYSE:ACT) completed the acquisition of Allergan, creating a $23 billion diversified global pharmaceutical company and a leader in a new industry model - Growth Pharma. The combined company is anchored by strong and sustainable brand franchises, a leading global generics business, a premier pipeline, highly efficient operations and an experienced management team creating an unrivaled foundation for long-term growth. Learn more about this exciting combination at www.Actavis.com.
1. Privacy Statement
The terms "you" and "your" refer to each individual who is a source of Personally Identifiable Information to Actavis, including (i) individuals who transact business with Actavis, such as our customers, vendors, contracting parties, and other users of our goods or services ("External Users"), (ii) employees of Actavis and its affiliates, including its affiliates and subsidiaries outside of the United States, as well as applicants for employment by Actavis or its affiliates ("Internal Users"); and (iii) casual visitors to our Website, who do not participate in or receive Actavis services ("Site Visitors"). For convenience, we use the term "User" to refer collectively to our External Users, Internal Users, and Site Visitors.
2. US-EU Safe Harbor Program
Actavis complies with the EU Safe Harbor framework regarding the collection, use and retention of data from the European Union, as set forth by the United States Department of Commerce at http://www.export.gov/safeharbor. Actavis, where applicable, complies with the EU Data Protection Directive and its implementation in Member States where it has legal entities.
3. US-Swiss Safe Harbor Program
In July 2012 Actavis certified our adherence to the Safe Harbor Framework agreed upon by the Federal Data Protection and Information Commissioner of Switzerland and the United States Department of Commerce for transfers of personal information from Switzerland to the United States.
4. General Information on Privacy
The term "Personally Identifiable Information" as used in this Policy refers to two categories of personal data: General Personally Identifiable Information and Sensitive Personally Identifiable Information. General Personally Identifiable Information: means first and last name, birth date, gender, e-mail address, mailing address, profession, education, or professional affiliations used to identify you. All other levels of personal information including, but not limited to, religion, race, health status, political opinion, sexual preferences, income, social security number, credit card numbers, order history, or prescribing habits are known as "Sensitive Identifiable Information", and together, we refer to General Personally Identifiable Information and Sensitive Identifiable Information as simply "Personally Identifiable Information." Actavis will collect and use only as much Personally Identifiable Information as is (i) required by law or (ii) necessary to fulfill the purpose for which the Information is collected, as such purposes are detailed in this Policy.
When you provide Personally Identifiable Information to Actavis, we will tell you why the information is being requested and for what purpose it will be used. For example, we may collect and use Personally Identifiable Information to provide you with information regarding our products or services, to bill you for products and services you request, to market products and services which we think may be of interest to you, or to communicate with you for other purposes.
Personally Identifiable Information collected by Actavis and its affiliates in the course of conducting business may be transmitted to Actavis' United States offices for use, maintenance and processing, as permitted by applicable laws. We will always provide you the opportunity to (i) opt-out of our use of General Personal Information and (ii) opt-in for our use of Sensitive Personal Information, as discussed in Section 7 (Choice).
5.1. PERSONAL DATA - EXTERNAL USERS
If you conduct business with us, it is likely that you will provide Personally Identifiable Information to us in connection with this business relationship. This Personally Identifiable Information may be as simple as information contained on your business card, or may be more detailed. We use Personally Identifiable Information provided by our External Users to fulfill business transactions in which the parties are engaged, to monitor and ensure performance of each party's obligations, and for other business purposes ("Business Contact Information"). We also may use this Personally Identifiable Information to notify our External Users of business and other developments that concern Actavis or that concern the Users' business and other interests ("Business Updates"). If an External User chooses to withhold Business Contact Information that we request for the purposes stated above, it may not be possible for us to undertake, or continue a business relationship with that User. In contrast, all External Users are entitled to opt-out of use of their Personally Identifiable Information for Business Updates, in accordance with Section 7 (Choice).
5.2. PERSONAL DATA - INTERNAL USERS
5.3. PERSONAL DATA - SITE VISITORS
Most of our services do not require any form of registration, allowing a Site Visitor to visit our Web site without telling us who he or she is. However, some services may require registration. When you register with us, you may need to complete certain fields (some are required and some are optional), as well as choose a user name and password. In these situations, if you choose to withhold Personally Identifiable Information requested by us, it may not be possible for you to gain access to certain parts of the site and for us to respond to your query.
5.4. USE AND DISCLOSURE OF INFORMATION
Subject to the provisions of Section 8 (Onward Transfer), Actavis will not sell, share, or otherwise distribute Personally Identifiable Information to third parties outside of Actavis.
6. USE OF ANONYMOUS INFORMATION; COOKIES AND OTHER TRACKING SYSTEMS
IN THE COURSE OF PROVIDING SERVICES, OPERATING THIS WEBSITE, AND OTHERWISE CONDUCTING OUR BUSINESS, WE WILL COMPILE AND USE ANONYMOUS INFORMATION. ANONYMOUS INFORMATION IS INFORMATION IN A FORM THAT DOES NOT ALLOW A THIRD PARTY TO IDENTIFY YOU. ANONYMOUS INFORMATION MIGHT INCLUDE, FOR EXAMPLE, THE FACT THAT AN UNIDENTIFIED SITE VISITOR VIEWED CERTAIN PAGES ON OUR WEBSITE, OR PERFORMED CERTAIN SEARCHES ON THE WEBSITE. ANONYMOUS INFORMATION MIGHT ALSO INCLUDE SURVEY RESPONSES AND OTHER FEEDBACK THAT USERS PROVIDE TO US, WHERE THIS INFORMATION HAS BEEN DE-IDENTIFIED TO PREVENT DISCLOSURE OF THE USER WHO PROVIDED THE INFORMATION. WE USE ANONYMOUS INFORMATION, AND ENGAGE CONSULTANTS TO ASSIST US IN USING THIS INFORMATION, TO IMPROVE OUR GOOD AND SERVICES, AND THE FEATURES AND CONTENT OF THIS WEBSITE, TO COMPILE AND ANALYZE AGGREGATE STATISTICS ABOUT OUR USERS, AND TO ENGAGE IN RELATED BUSINESS, MARKETING, AND RESEARCH ACTIVITIES, ON THE COMMITMENT THAT ANY SUCH USES WILL NOT IDENTIFY YOU.
WHEN YOU VISIT OUR WEB SITE, WE DO NOT COLLECT ANY INFORMATION FROM WHICH A THIRD PARTY MAY BE ABLE TO PERSONALLY IDENTIFY YOU, SUCH AS YOUR NAME, ADDRESS, E-MAIL ADDRESS OR TELEPHONE NUMBERS, WITHOUT YOUR EXPRESS CONSENT. TO COMPILE ANONYMOUS INFORMATION CONCERNING USE OF OUR WEBSITE, ACTAVIS MAY REQUEST OR PROVIDE YOUR BROWSER WITH "COOKIES." COOKIES, BY THEMSELVES, CANNOT BE USED TO DISCOVER THE SPECIFIC IDENTITY OF THE USER. A COOKIE IS A SMALL PIECE OF INFORMATION THAT IS SENT TO YOUR BROWSER AND STORED ON YOUR COMPUTER'S HARD DRIVE. COOKIES DO NOT DAMAGE YOUR COMPUTER. YOU CAN SET YOUR BROWSER TO NOTIFY YOU WHEN YOU RECEIVE A COOKIE OR TO REJECT COOKIES AND THIS WILL ENABLE YOU TO DECIDE IF YOU WANT TO ACCEPT IT OR NOT. ACTAVIS MAY NOT PERMIT YOU TO ACCESS CERTAIN WEB PAGES WITHIN ITS WEB SITE IN THE EVENT YOUR BROWSER DOES NOT ACCEPT A COOKIE REQUEST.
ON OCCASION, WE MAY USE INTERNET TAGS (ALSO KNOWN AS ACTION TAGS, SINGLE-PIXEL GIFS, CLEAR GIFS, INVISIBLE GIFS AND 1-BY-1 GIFS) IN COMBINATION WITH COOKIES AND MAY DEPLOY THESE TAGS THROUGH A THIRD-PARTY ADVERTISING PARTNER. THESE TAGS ARE ON DIFFERENT PAGES OF OUR WEB SITE TO MEASURE THE VISITORS' RESPONSES TO OUR WEB SITE AND THE EFFECTIVENESS OF OUR ADVERTISING CAMPAIGNS (INCLUDING HOW MANY TIMES A PAGE IS OPENED AND THE INFORMATION VIEWED). THESE INTERNET TAGS MAY PROVIDE CERTAIN DEMOGRAPHIC INFORMATION, BUT AGAIN, NEVER PERSONALLY IDENTIFIABLE INFORMATION. IF YOU WOULD LIKE MORE INFORMATION ABOUT WEB TAGS AND COOKIES ASSOCIATED WITH ON-LINE ADVERTISING OR TO OPT-OUT OF THIRD-PARTY COLLECTION OF ANONYMOUS INFORMATION, PLEASE VISIT THE NETWORK ADVERTISING INITIATIVE WEB SITE AT WWW.NETWORKADVERTISING.ORG.
BY USING OUR WEBSITE YOU AGREE THAT WE CAN PLACE THE TYPES OF COOKIES SET OUT ABOVE ON YOUR DEVICE.
Actavis will not use your Personally Identifiable Information in ways unrelated to the ones described above without first notifying you and offering a choice. This choice may be offered at the bottom of our on-line or off-line communications to you as well as on many of our web registration pages. If you would like to exercise your choice you can always send your request to email@example.com or Attn: Privacy, Actavis, Inc., Morris Corporate Center III, 400 Interpace Parkway, Parsippany, NJ 07054. See Section 16 (Contact Us).
7.1. OPT-OUT OF USE OF GENERAL PERSONAL INFORMATION
Actavis will provide you the opportunity to let us know if you wish to opt-out at any time from our use of your General Personal Information, including certain or all contacts from Actavis, and we will do everything we can to honor such requests. To unsubscribe from our promotional emails, please click the link found at the bottom of each email or update your account preferences. Opting-out of certain uses may impact our relationship with you, as further outlined in Sections 5.1 through 5.3.
7.2. OPT-IN FOR USE OF SENSITIVE PERSONAL INFORMATION
In the event that Actavis would like to use your Sensitive Personal Information for a purpose other than the purpose for which it was originally collected, we will provide you the opportunity to "opt-in" or decide whether you agree to such use of your Sensitive Personal Information. Without your explicit consent, we will not use your Sensitive Personal Information for a purpose other than the purpose for which it was collected.
8. Onward Transfer
Actavis does not sell, rent or lease your Personally Identifiable Information to others. Unless we have your permission or are required by law, we only share your Personally Identifiable Information with other Actavis affiliates or our contractors who are acting on our behalf for the uses described above. Our contractors are obligated to keep Personally Identifiable Information confidential and may not use it for any purpose other than to carry out the services they are performing for Actavis. Additionally, we ensure that our affiliates' privacy policies are at least as protective of your information as this Policy.
Subject to your permission or as permitted by applicable law, the Personally Identifiable Information that you provide us may be transferred across state or country borders to consolidate data storage, to simplify information management, or to permit centralized decision-making and analysis.
To the extent permitted by applicable laws, we may disclose Personally Identifiable Information to government authorities or third parties pursuant to a legal request, subpoena, or other legal process. We may also use or disclose your information as permitted by law to protect the rights or property of Actavis, our customers, our Website, or our Users. To the extent that US discovery laws conflict with foreign national data protection and/or privacy laws, we will comply with orders of and direction from the court or other regulatory authority that has jurisdiction to resolve such conflict.
Actavis is committed to ensuring the security of your Personally Identifiable Information. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of Personally Identifiable Information, we have put in place appropriate physical, electronic and organizational measures to safeguard and secure this Information. Actavis employees are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personally Identifiable Information. Moreover, we provide access to our databases containing Personally Identifiable Information on a need-to-know basis only.
Please understand, though, that this information should not be construed in any way as giving business, legal, or other advice, or warranting as fail-proof, the security of information submitted to or collected by Actavis. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
10. Access and Data Integrity
Actavis strives to keep your Personally Identifiable Information accurate. We will provide you with reasonable access to Personally Identifiable Information you have provided to Actavis and reasonable ability to review and correct it, or ask for deletion, as applicable. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections. To access your Personally Identifiable Information, please contact us in accordance with Section 16 (Contact Us).
Individuals who believe their complaints have not been resolved to their satisfaction through Actavis internal procedures may contact the data protection authority in their jurisdiction. Actavis is committed to working with national data protection authorities to (i) resolve disputes over Actavis privacy practices and (ii) comply with the decisions and orders of these data protection authorities. If you have questions regarding how to contact the data protection authority in your jurisdiction, please contact us in accordance with Section 16 (Contact Us).
This web site is not intended for, or designed to attract, individuals under the age of 18. We do not collect Personally Identifiable Information from any person we actually know is an individual under the age of 18.
Actavis abides by the Children's Online Privacy Protection Act (COPPA) in the U.S. and respects similar laws designed to protect children found in other countries. For more information on COPPA, go to http://www.ftc.gov/privacy/coppafaqs.shtm.
13. Links to Other Sites
14. Change in Control
Should there be a corporate change in control, through merger, acquisition or bankruptcy, we reserve the right to transfer Personally Identifiable Information collected from you to the new party-in-control of Actavis in the normal course of business, provided such party agrees to comply with this Policy.
16. Contact Us
If you have any questions, concerns or comments about our privacy practices, please contact us at:
Morris Corporate Center III
400 Interpace Parkway
Parsippany, NJ 07054
+ (862) 261-7444
Website Content. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. This website may provide information about medical conditions and their treatment. However, nothing on this Website should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any decision or action. Patients should not use the information contained on the Website for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or person informed by the Website.
Website Access and Changes. We reserve the right to withdraw or amend this Website, and any products, services or materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to users. We also may update the content on this Website from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date.
Trademarks. Trademarks, service marks, graphics and logos used in connection with the Website are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks.
Third Party Links and Technology. Any and all third party technology or websites provided, made available, linked to, or otherwise accessible through the Website ("Third Party Links and Technology") is provided solely as a convenience to you and not under our control. The Company does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. The Company does not have any responsibility or liability to you for any Third Party Technology which you access and you use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology.
Intended for Users Over 13. This Website is not for use, nor is it designed or intended for children under the age of 13.
DISCLAIMER. By using the Website, you expressly agree that use of the Website is at your sole risk. The Website is provided on an "AS IS" and "as available" basis. NEITHER The Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Website will be uninterrupted or error-free. Neither The Company nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Website or the products or services offered for sale on the Website. Further, The Company makes no representation that content provided on the Website is applicable to, or appropriate for use in, locations outside of the United States. The Company and its Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by The Company or its Affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Void Where Prohibited. The Website is intended for residents in the United States. Not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or are appropriate, available, permissible for use outside the United States. Any offer for any feature, product or service made on the Website is void where prohibited. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. If you choose to access the Website from outside the United States, you are doing so on your own initiative and you are solely responsible for complying with applicable laws.
Governing Law. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware and waive any objection to such jurisdiction or venue.
WAIVER OF TRIAL BY JURY. EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE.