Last Updated: March 25, 2021
Welcome! Thank you for visiting Avanir Pharmaceuticals, Inc. (“Avanir” or “we” or “us”). This Privacy Notice 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; contact our customer service team; engage with us on social media; or otherwise interact with us (collectively, the “Services”).
Avanir takes compliance with all applicable data protection laws, including but not limited to the EU General Data Protection Regulation (“GDPR”), the Health Insurance Portability and Accountability Act (“HIPAA”), and the California Consumer Privacy Act (“CCPA”) and its amendment, the California Consumer Rights Act (“CPRA”) very seriously. We adhere to the principles providing privacy rights to every data subject. Although headquartered in California, we have considered global privacy requirements in building our privacy program.
Types of Information Collected
We collect information you provide directly to us. Information collected directly correlates to your relationship with us. For example, if you are applying for a job, we may collect information such as name, contact details, resumes/CVs, etc. for the purposes of recruitment and evaluations of qualifications for possible employment. If selected for a position, such Personal Information may also be used for onboarding activities.
If you are interested in registering in one of our clinical trials, we may collect Personal Information from you to determine your eligibility for such clinical trials. Personal information may include name, contact details, gender, date of birth, photo/video, health information and any other information required to determine your eligibility. However, Avanir respects and will at all times attempt to protect personal health information. This website is not intended for the purpose of collecting, protecting or analyzing personal health information nor of providing any health care advice or instructions. Please do not email Avanir any personal health information as that is not a secure form of communication.
No Personal Information is collected, used, accessed, stored, transferred or distributed without your explicit authorization. At any time, even after you have given authorization, you can opt-out of receiving any communications by contacting us on our Privacy Request Page or by clicking on our “Unsubscribe” link in the communication that was sent to you.
Privacy Protections for Children Using the Internet
Avanir does not solicit or target persons younger than legal age for collection of information online. Our website does not permit children under the age of 16 to become users and we do not accept any information from children. By submitting information via the website, you represent that you are over the age of 16. Avanir encourages minors to seek the consent of their parents before providing any information about themselves or their households to anyone on the Internet. Avanir encourages parents to take an active role to protect the privacy and security of their children and to prevent the inappropriate use of information about their children.
Automatically Collected Information
When you access or use our Services, or transact business with us, we may automatically collect de-identifiable information about you, including:
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.
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 does not directly identify you.
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.
Information Collected by Cookies, Web Beacons, and Similar Tracking Technologies
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 Notice, 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.
Information We Collect from Other Sources
To the extent not prohibited by data protection laws, 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 may 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.
Uses of Information
We use the information you have allowed us to collect to deliver information about the products and services you request and customize your experience with us, to administer your account, and to provide information based on your interests. 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 based on your consent.
Sharing of Information
We may share information about you as follows or as otherwise described in this Privacy Notice:
- With approved 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 (applies to employee data only);
- 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 vets its third parties for compliance with all applicable data protection laws. We require our 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 Notice and our Data Processing Agreements. We also provide our vendors, consultants, and service providers with our opt-in and opt-out lists so that communications sent on Avanir’s behalf are only sent to users who have opted-in and who have not previously opted out.
Avanir will not sell, rent, or market your information collected on the Services to non-affiliated third parties for their own purposes, including marketing, 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 nonconfidential (except with regard to personally identifying information included therein), and we are free to use or distribute them in any way without identifying you and 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.
Social Sharing Features
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you choose to 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.
Advertising and Analytics Services Provided by Others
How Long Will We Keep Your Personal Data?
We will keep your Personal Data for the period permitted or required by law and where we need to do so in connection with legal action or an investigation involving Avanir. Otherwise, we will keep your Personal Data only as long as we have to so that we can continue to use the information for the reasons you agreed to. You have the right to request that your Personal Information be deleted once you no longer have a relationship with Avanir. Avanir will honor your request to have your data deleted unless we have a legal, regulatory or contractual requirement to maintain it for a specific period of time.
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; and/or
- The right to opt out of the sale or sharing 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, please complete the form found on our Privacy Request Page, 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.
International Transfers of Information
Avanir processes and stores information in the United States. If you 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 appropriate steps to comply with all applicable data protection laws, 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 legal basis in processing your Personal Information (refer to our Lawful Basis for Processing section below), 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.
Legal Basis for Processing
Avanir will only use or process your Personal Information if the use or processing is permitted by applicable privacy laws in your jurisdiction. This is sometimes referred to as having a “legal basis” to use or process your Personal Information. The legal basis Avanir may rely on to process your Personal Information may include:
Performance of a Contract
For example, to carry out our contractual obligations with you or your institution pursuant to a consulting, professional services, or other type of contract to supply goods or services.
For example, some countries have transparency requirements regarding interactions with healthcare professionals, or requirements to provide information to authorities in case of adverse events or medical incidents related to the use of our Services.
For example, when processing your Personal Information is in your vital interest or required to protect your life.
For example, if you opt-in to receive marketing communications from us or expressly provide your consent for us to process your Personal Information. In the event you provide your consent, you may also withdraw your consent when permitted by applicable law, if you contact us.
This may include, for example, managing, operating, maintaining, and securing our websites, network systems, and other assets; providing you with features and functionalities in the Services; and communicating with you to manage our business interactions.
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.
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 200, 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 200, 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.
California Privacy Notice
Additional privacy terms applicable to California residents: Privacy Notice for California Consumers
We may change this Privacy Notice 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 Notice whenever you access the Services, or otherwise interact with us, to stay informed about our information practices and the choices available to you.
If you have any questions about this Privacy Notice or your Personal Information, you can write to Avanir at 30 Enterprise, Suite 200 Aliso Viejo, CA 92656 or complete the form found on our Privacy Request Page. In addition, if you no longer wish to receive marketing 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.