Privacy Policy

Last Updated: October 1, 2019

Welcome! Thank you for visiting Avanir Pharmaceuticals, Inc. (“Avanir” or “we” or “us”). This Privacy Policy explains how Avanir collects, uses, and discloses information about you (“Personal Information”) when you access or use our websites, mobile application(s), and other online products and services (collectively, the “Services”), contact our customer service team, engage with us on social media, or otherwise interact with us.

Certain subsets of Personal Information, such as information about health or medical status (pursuant to all applicable laws) and location data, are characterized as sensitive and may be subject to stricter regulation and consent requirements than other information. Before providing it to us, we urge you to carefully consider whether to disclose your sensitive Personal Information.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services, or otherwise interact with us, to stay informed about our information practices and the choices available to you.

Avanir reserves the right to access and disclose Personal Information to comply with laws and lawful government requests, to operate its systems properly, or to protect itself or others.

1. COLLECTION OF INFORMATION

A. Information You Provide Us

We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, apply for a job, communicate with us via third-party social media sites, request customer support or otherwise communicate with us. The types of information we may collect include your name, date of birth, email address, postal address, phone number, social media handles, online identifiers, photo/video, biographical information, gender, employment information, health information, security preferences, and any other information you choose to provide. We also collect your information if you post, display, and/or publish user content on our sites or Services through the use of cookies, web beacons, other technologies.

Avanir does not knowingly collect or maintain any Personal Information from children under the age of 13 and no part of our Services are designed with the purpose of attracting such children.

B. Information About Your Use of the Service

We collect information about your use of the Services, such as the search terms you enter, your location, and the identity of your devices.

C. Automatically Collected Information

When you access or use our Services, or transact business with us, we automatically collect information about you, including:

  1. Log and Usage Information. We collect log information about your use of the Services, including the type of browser and operating system you use, the domain and host from which you access the internet, access times, pages viewed, web browsing history, your IP address and other connection and usage data or information, and the page you visited before navigating to our Services.

  2. Device Information. We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and tokens, unique identifier headers, mobile network information, and other information that identifies you as the user of the device or the person providing information to us.

  3. Location Information. In accordance with your device permissions, we may collect information about the precise location of your device. You have the ability to stop the collection of precise location information at any time.

  4. Information Collected by Cookies, Web Beacons, and Similar Tracking Technologies. We use different technologies to collect information, including cookies, web beacons, embedded scripts, e-tags/cache browsers, pixels and plug-ins. Cookies are small data files stored on your hard drive or in device memory that help us improve and keep secure our Services and your experience. Through the use of cookies, we may automatically collect information about your online activity through our Services, such as the web pages you visit, the links you click, and the searches you conduct on our site.

    Our Services use two types of cookies:

    • Session cookies which are deleted from your computer when you leave the website and are used purely to help you navigate around the website.
    • Persistent cookies which remain on your computer so that the Service can recognize you when you return.

    In addition to other uses described in this Privacy Policy, we may use information collected through cookies in the following ways: (1) system administration and to prevent fraudulent activity; (2) to assess the performance of our Services, including to improve the content offered through the Services; (3) to tell us, for example, whether you have visited the online services before or if you are a new visitor and to help us identify the features in which you may have the greatest interest; or (4) to deliver content, including advertisements relevant to your interests, on our online service and third-party sites based on how you interact with our advertisements or content.

    Plug-ins are pieces of software that users download to allow certain web- based software to operate. In order to use our Services, you may be required to install certain plug-ins.

D. Information We Collect from Other Sources

We may obtain information from other sources and combine that with information we collect directly from you. For example, we may collect information about you from third parties, including but not limited to, Google Analytics, social media plug-ins, identity verification services, mailing list providers, and publicly-available sources. Additionally, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site.

2. USES OF INFORMATION

We use the information we collect to deliver information about and the products and services you request and customize your experience with us, to administer your account, and to target advertisements based on your interests and to understand how you interact with ads. We may also use the information we collect to:

  • Send you technical notices, updates, security alerts, and support and administrative messages and to respond to your comments, questions, and customer service requests;

  • Analyze the success of our Services;

  • Better understand the needs and interest of our customers;

  • Manage the website’s interactive functionality;

  • Communicate with you about products, services, and offers provided by Avanir, and offer news and information we think will be of interest to you;

  • Monitor and analyze trends, usage, and activities in connection with our Services;

  • Comply with Avanir’s legal and regulatory obligations;

  • Detect, investigate, and prevent breaches of the Terms and Conditions, fraudulent transactions and other illegal activities, and protect the rights and property of Avanir and others;

  • Personalize and improve the Services; and

  • Carry out any other purpose described to you at the time the information was collected.

3. SHARING OF INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf;

  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;

  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of Avanir or others;

  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;

  • Between and among Avanir and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and

  • With your consent or at your direction.

Avanir requires its vendors, consultants, and service providers that have access to your information to maintain the confidentiality of your information and to comply with the safeguards provided in this Privacy Policy. We also provide our vendors, consultants, and service providers with our opt- out lists so that communications sent on Avanir’s behalf are not sent to users who previously opted out.

Avanir will not sell, rent, or market your information collected on the Services to non-affiliated third parties for their marketing purposes, unless we have received your consent. However, Avanir may disclose aggregated statistics about visitors using its Services, along with anonymous information collected from other sources. We may also share aggregated or de-identified information with third parties (such as advisors, promotional sponsors, and investors), which cannot reasonably be used to identify you, for various business purposes, including conducting general business analysis and developing website content and services.

Comments, emails, suggestions, or other communications sent by you to us are deemed to be non- confidential (except with regard to personally identifying information included therein), and we are free to use or distribute them in any way without compensation to the author, sender, or any other party, pursuant to the terms provided for “User Content” and “Feedback” under our Terms and Conditions.

4. SOCIAL SHARING FEATURES

The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

5. LINKS

The site may contain links to third-party websites. Please recognize that we do not control these third-party websites and this Privacy Policy will not apply to those websites. You should consult each applicable privacy policy before using another linked website. Avanir is not responsible for the privacy practices or the content included on third-party websites.

6. ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others such as Google or Facebook to provide analytics services and serve advertisements on our behalf across the web and in mobile applications. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the Services, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. These companies collect and use this information under their own privacy policies. This information may be used by Avanir and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity.

7. YOUR CHOICES

  1. Personal Information

    In certain circumstances, local data protection laws and certain other local laws gives you rights with respect to your Personal Information. These rights differ by jurisdiction but may include:

    • The right to know what Personal Information Avanir collects, maintains, or shares about you and with whom Avanir shares your Personal Information,
    • The right to request certain details about how your Personal Information is shared with third parties for direct marketing purposes,
    • The right to request access to your Personal Information,
    • The right to amend, update, or request correction or deletion of your Personal Information,
    • The right to restrict Avanir’s processing of your Personal Information,
    • The right to opt out of the sale of your Personal Information.

    Please note Avanir does not disclose your Personal Information to third parties for the third parties’ direct marketing purposes. If you would like to exercise any of these rights, you may contact us at privacy@avanir.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain, when permissible by law, cached or archived copies of information about you as required by our records retention practices.

  2. Location Information

    When you first launch any of our Services that collect location information, you will be asked to consent to the application’s collection of this information. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our Services, or certain features thereof, may no longer function properly. You may also stop our collection of location information by following the standard uninstall process to remove our mobile applications from your device.

  3. Cookies And Other Tracking Technologies

    Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

  4. Promotional Communications

    You may opt out of receiving promotional emails from Avanir by following the instructions in those emails or contacting us at privacy@avanir.com. If you opt out, we may still send you non-promotional emails, such as those about your account, product safety alerts, or our ongoing business relations.

8. INTERNATIONAL TRANSFERS OF INFORMATION

Avanir processes and stores information in the United States. Our Services are intended only for users in the United States and its territories and possessions. If you choose to use the Services from any other country, the various communications will necessarily result in the transfer of information across international boundaries to the United States. We have taken steps, such as implementing European Commission-provided standard contractual clauses, to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which it is processed. If you are in the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your Personal Information. If you are in the EEA, when we process your Personal Information we will only do so in the following situations: (1) we need to use your Personal Information to perform our responsibilities under our contract with you, (2) we have a legitimate interest in processing your Personal Information, or (3) we have your consent to do so. If you have a concern about our processing of Personal Information that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside.

9. DATA SECURITY

We have reasonable and appropriate security measures in place to protect against the loss, misuse, and alteration of any Personal Information we receive about you through the Services. We maintain reasonable security standards to protect the Personal Information that we maintain. Avanir cannot guarantee or warrant the security of the information you transmit to us, and if you choose to use the Services and/or content, you do so at your own risk. There may be additional security risks if you provide your Personal Information over a public or third-party network. Please keep in mind that the information disclosed by you on the website may be collected and used by visitors to the website.

10. CALIFORNIA CIVIL CODE SECTION 1789.3

Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information:

  • The Websites are owned and/or operated by Avanir Pharmaceuticals, Inc., 30 Enterprise, Suite 400, Aliso Viejo, CA 92656.
  • Unless otherwise expressly stated, the Websites are provided without charge.
  • To file a complaint regarding the Websites or to receive further information regarding use of the Websites, please send a letter to Avanir Pharmaceuticals, Inc., 30 Enterprise, Suite 400, Aliso Viejo, CA 92656. You also may contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1-800-952-5210.

11. CONTACT US

If you have any questions about this Privacy Policy, you can write to Avanir at 30 Enterprise, Suite 400 Aliso Viejo, CA 92656 or privacy@avanir.com. In addition, if you no longer wish to receive communications from us, you may opt out at any time by following the instructions in those emails. Please only include information specific to your request, and do not submit information relating to your medical history, mental or physical condition, medical treatment, or other health or Personal Information.

 

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