1.0 Overview

1.1 Purpose Otsuka America Pharmaceutical, Inc. (“OAPI”) and Otsuka Pharmaceutical Development & Commercialization, Inc. (“OPDC”), (collectively, “Otsuka,” the “Company,” “we” 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 to inform you about our online 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 (“Privacy Policy”).  We encourage you to read this Privacy Policy in its entirety before submitting any information.  By using Otsuka’s websites, submitting or requesting information, you acknowledge that you understand and agree with the provisions of this Privacy Policy. 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 operated by or on behalf of Otsuka, 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 Privacy Shield Otsuka complies with the requirements of the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce and the Federal Trade Commission (“FTC”), regarding the collection, use and retention of Personal Information from the European Economic Area to the United States. (collectively “Privacy Shield”).  Otsuka has certified to the Department of Commerce that it adheres to the Privacy Shield Principles for clinical and pharmacovigilance data (the “Privacy Shield Covered Data”).  If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  Adherence to the Privacy Shield Principles for Privacy Shield Covered Data may be limited to (i) to the extent required or allowed by applicable law, rule or regulation; (ii) to the extent necessary to respond to lawful requests by public authorities, including to meet national security, law enforcement, legal or governmental requirements; and/or (iii) to protect the health or safety of an individual. To learn more about the Privacy Shield program, and to view Otsuka’s certification, please visit https:// www.privacyshield.gov.  Additionally, Otsuka may protect your data through other legally-valid methods, including international data transfer agreements.

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. 2.1 Individuals 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, such as name, address, age, birth data, phone number, email address, user name, government identification, and Internet Protocol address. 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, and to improve the quality of your experience when interacting with our Sites.

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 anonymous individual and 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.
  • 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 non-identifiable 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.
  • Sharing Content with 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 share 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 Third 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 2.12, Otsuka may use and share your anonymized or aggregated information within the Otsuka group of companies or with Third Parties for public health, research, analytics and any other legally permissible purposes.
  • 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.  If you use online social media resource offered by a Third Party Social Media Resource (“Third Party SMR”) through the Otsuka Site, you acknowledge that Otsuka may be able to access any information you make public through such Third Party SMR (such as your username, comments, posts and contacts) and other information your privacy settings on such Third Party SMR permit Otsuka to access. Otsuka will comply with the terms of this Privacy Policy and the privacy policies applicable to the social media resources it uses.

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 2.9.1 Cookies Like many other websites, Otsuka or its business partners 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.  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, Otsuka may in the future allow Third Party advertising partners to set tracking tools (e.g., cookies) to collect anonymous, non-Personal Information regarding your activities (e.g., your IP address, page(s) visited, time of day).  We may also share such de-identified 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.  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 Anonymous and Aggregated Information Otsuka may use your Personal Information and other information about you to create anonymized 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. Anonymized 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.  Anonymized 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 an anonymized or aggregated form that is designed to prevent anyone from identifying you.

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 communication 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 While Otsuka does not currently participate in interest-based advertising, it may in the future use your browsing for interest-based advertising purposes.  In the event that we do so, an opportunity to opt-out of such interest-based advertising will be provided through an AdChoices link.  Advertisements on Third Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-Personal 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 through AdChoices, we may still collect and use non-Personal Information regarding your 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 or otherwise disclose Personal Information about you, except as described in this Privacy Policy or as you explicitly 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 at least the same level of privacy protection as is required by the Privacy Shield Principles for Privacy Shield Covered Data and this Privacy Policy), 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 business partners, and 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 Otsuka provided them.  4.1.3. Privacy Shield With respect to onward transfers to Agents under Privacy Shield, Privacy Shield requires that Otsuka remain liable should its Agents Process Personal Information in a manner inconsistent with the Privacy Shield Principles. 4.1.4. 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. 4.1.5. 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 endeavour 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 Rights of Access, Rectification, Erasure and Restriction

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. Under Privacy Shield, you may seek confirmation regarding whether Otsuka is processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate or has been processed in violation of the Privacy Shield Principles.  Where otherwise permitted by applicable law, you may use any of the methods set out in Section 8 of this Privacy Policy to request access to, receive, restrict processing, seek rectification or request erasure of Personal Information held about you by Otsuka.  Such requests will be processed in accordance with local laws.  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.  To protect your privacy, Otsuka will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

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 or you have any questions or privacy concerns, please contact: Otsuka Pharmaceutical Development & Commercialization, Inc.

Privacy Officer
508 Carnegie Center
Princeton, New Jersey 08540
Phone: (609) 608-4568
Email:  privacyofficer@otsuka-us.com Otsuka will address your concerns and attempt to resolve any privacy issues in a timely manner.  If you are an EU citizen and feel that Otsuka is not abiding by the terms of this Privacy Policy, or is not in compliance with the Privacy Shield Principles, please contact Otsuka at the contact information provided above.  In addition, Otsuka has agreed to refer unresolved complaints related to Privacy Shield Covered Data to JAMS Privacy Shield Dispute Resolution Program.  For more information and to submit a complaint regarding Privacy Shield Covered Data to JAMS, a dispute resolution provider which has locations in the United States and EU, visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim.  Such independent dispute resolution mechanisms are available to citizens free of charge.  If any request remains unresolved, you may contact the national data protection authority for your EU Member State.  You may also have a right, under certain conditions, to invoke binding arbitration under Privacy Shield; for additional information, see https://www.privacyshield.gov/article?id=ANNEX-I-introduction.  The FTC has jurisdiction over Otsuka’s compliance with the Privacy Shield.     

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 California Privacy Rights California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties.  Otsuka does not share Personal Information with third parties for their own marketing purposes. 9.3 Links to Third Party Websites Please note that our Sites may contain links to other websites for your convenience and information.  Otsuka does not control Third Party 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 Third Party websites.  Any Personal Information you choose to give to unrelated Third Parties is 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 Third Parties may choose to share their users’ Personal Information with Otsuka; that sharing is governed by that company’s privacy policy, not this Privacy Policy. 9.4 Compliance This Privacy Policy shall be implemented by Otsuka. Otsuka has put in place mechanisms to verify ongoing compliance with Privacy Shield Principles and this Privacy Policy.  Any Employee that violates these privacy principles will be subject to disciplinary procedures. 9.5 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 is effective November 29, 2018