DATA PRIVACY NOTICE FOR HEALTH CARE PROFESSIONALS

(Updated and Effective: January 1, 2020)

This Notice describes our practices with respect to the collection, use, storage, and disclosure ("processing") of Personal Information of health care professionals for the purpose(s) outlined below. This Notice applies to Sunovion Pharmaceuticals Inc. and its subsidiaries, including Sunovion Pharmaceuticals Europe Ltd. (collectively, "Sunovion"). All health care professionals (referred to below as "you" or "your") should carefully read the provisions of this Privacy Notice.

"Personal Information," as used in this Notice, means any information that can be used to identify you, whether directly or indirectly, including by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.

More information can be found in our Privacy Policy available at www.sunovion.com or https://www.sunovion.eu/. Health care professionals who are unable to review or access this notice due to a disability may visit www.sunovion.com/HCPsubjectrights to submit a request or call +1-877-394-7377 (menu option #5) to request this notice in an alternative format.

Questions?

You can contact Sunovion's Data Protection Officer (DPO) with any questions about this notice, our data collection practices, or your rights. You can reach the DPO at:

Sunovion Pharmaceuticals Inc.
ATTN: Data Protection Officer, Legal Affairs
84 Waterford Drive
Marlboro, Massachusetts 01752
or
www.sunovion.com/HCPsubjectrights
or
+1-877-394-7377 (menu option #5)

This general notice may be supplemented by additional notices at the point of any data collection. If you have specific questions about any of the data processing activities described in this or any other notice, please contact the DPO.

Categories of Personal Information Collected

Purposes for which We Collect Personal Information

Sources of Personal Information

Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, tax identification number, professional identification numbers, or other similar identifiers.

  • Responding to your requests for information about our products and services.
  • Communicating other information that we think may be of interest to you through our websites, via e-mail, call centers, postal mail and other channels, including promotional communications about our products and services.
  • Providing you with a service or taking an action that you request.
  • Responding to your requests for information about our products and services.
  • Communicating other information that we think may be of interest to you through our websites, via e-mail, call centers, postal mail and other channels, including promotional communications about our products and services.
  • Providing you with a service or taking an action that you request.
  • Auditing related to our current interactions with you, including: counting ad impressions and unique visitors to our website.
  • Detecting security incidents and other fraudulent activity.
  • Monitoring and improving our website functionality.
  • Personalizing your website experience or other interactions with Sunovion.
  • Conducting business and marketing research.
  • Processing and reporting adverse event information and product complaints.
  • Identifying and engaging scientific experts.
  • Identifying speakers and invitees to conferences and other scientific and educational programs we host or sponsor.
  • Determining your potential involvement in future activities with Sunovion and contacting you in relation to these activities.
  • Tracking and reporting payments and other transfers of value to healthcare professionals in accordance with financial disclosure transparency requirements.
  • Meeting our contractual obligations to you, if you provide us with services.

Directly from you and third parties.

Financial information, including bank account number, credit or debit card number, or other financial information.

  • Meeting our contractual obligations to you, if you provide us with services.

Directly from you.

Characteristics of protected classifications under state or federal law, such as race, gender, physical or mental disability, and religion.

  • Providing this Privacy Notice and other informational forms to you in an accessible format as needed.

Directly from you.

Biometric information, including an individual’s physiological, biological, or behavioral characteristics (including DNA) to the extent it can be used to establish individual identity. Biometric information consists of, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template (such as a faceprint, a minutiae template, or a voiceprint) can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.

  • Conducting business and marketing research.
  • Better understanding the market for our existing products and services, and potential new products and services, and to adjust our research, development, and marketing strategies accordingly.
  • Communicating information about our products and services.

Directly from you.

Internet or other electronic network activity information, such as browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement. This may include contact and communication preferences.

  • Communicating other information that we think may be of interest to you through our websites, via e-mail, call centers, postal mail and other channels, including promotional communications about our products and services.
  • Providing you with a service or taking an action that you request.
  • Auditing related to our current interactions with you including counting ad impressions and unique visitors to our website.
  • Detecting security incidents and other fraudulent activity.
  • Monitoring and improving our website functionality.
  • Personalizing your website experience.
  • Processing and reporting adverse event information and product complaints.

Directly from you.

Audio, electronic, visual, thermal, olfactory, or similar information (e.g., a recording of a customer service call or employee profile photograph).

  • Responding to your requests for information about our products and services.
  • Providing you with a service or taking an action that you request.
  • Conducting business and marketing research.
  • Better understanding the market for our existing products and services, and potential new products and services, and to adjust our research, development, and marketing strategies accordingly.

Directly from you.

Professional or employment-related information, including training and qualifications, professional interests (such as health care topics in which you have expressed an interest), your organizational or institutional affiliations; place of employment; publications; professional identification number; professional experience; information about debarment and professional discipline measures received; and information about prescriptions written, medical claims filed, and/or diagnostic tests ordered.

  • Responding to your requests for information about our products and services.
  • Communicating other information that we think may be of interest to you through our websites, via e-mail, call centers, postal mail and other channels, including promotional communications about our products and services.
  • Providing you with a service or taking an action that you request.
  • Conducting business and marketing research.
  • Identifying and engaging scientific experts.
  • Identifying speakers and invitees to conferences and other scientific and educational programs we host or sponsor.
  • Determining your potential involvement in future activities with Sunovion and contacting you in relation to these activities.
  • Tracking and reporting payments and other transfers of value to healthcare professionals in accordance with financial disclosure transparency requirements.
  • Tailoring our messaging and communications to you, including messaging and communications for promotional purposes, based upon your Prescribing Behavior.
  • Better understanding the market for our existing products and services, and potential new products and services, and to adjust our research, development, and marketing strategies accordingly.

Directly from you and third parties.

Education information or other academic information.

  • Identifying and engaging scientific experts.
  • Identifying speakers and invitees to conferences and other scientific and educational programs we host or sponsor.
  • Determining your potential involvement in future activities with Sunovion and contacting you in relation to these activities.

Directly from you and third parties.

Written signatures.

  • Processing contracts and other written agreements into which we may enter with you.
  • Meeting our contractual obligations to you, if you provide us with services.
  • Responding to your requests for information about our products and services.

Directly from you.

Inferences drawn from any of the information listed above to create a profile about an individual reflecting the individual’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

  • Responding to your requests for information about our products and services.
  • Auditing related to our current interactions with you including counting ad impressions and unique visitors to our website.
  • Conducting business and marketing research.
  • Identifying and engaging scientific experts.
  • Identifying speakers and invitees to conferences and other scientific and educational programs we host or sponsor.
  • Determining your potential involvement in future activities with Sunovion and contacting you in relation to these activities.

Directly from you and third parties.

In addition to the purposes identified above, Sunovion may use and disclose any and all personal information that we collect as necessary or appropriate to:

  • Comply with laws and regulations, including (without limitation) applicable tax, health and safety, anti-discrimination, immigration, labor and employment, and social welfare laws.
  • Monitor compliance with legal and regulatory requirements.
  • Comply with civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons.
  • Exercise or defend the legal rights of Sunovion and its employees, affiliates, customers, contractors, and agents.

Note that Sunovion may combine the data that we collect in order to accomplish this or any of the purposes indicated in this Privacy Notice.

Legal Basis for Processing Your Data

We have the following legal bases for processing the information you provide to us, that we collect in the course of interactions with you, or that we collect from third parties about you:

  • We have a legitimate interest in communicating with you about our products and services; in communicating with you about scientific research opportunities; in analyzing the market for our products and services; and in meeting our legal and compliance obligations. We process all the information we collect from or about you to meet these purposes. You can obtain additional information about the legitimate interests we have in processing your information by contacting the DPO.
  • We may be required to process your Personal Information if you have or are seeking to enter into a contract with us, such as a contract to provide consulting services. You can obtain additional information regarding processing we do to enter into contracts with you by contacting the DPO.

In the case of Sensitive Personal Information (which includes (i) information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; (ii) genetic and biometric data, and (iii) data concerning health, sex life, or sexual orientation), we process such information either (i) because we have your consent to do so or (ii) because we are required to process the information to comply with applicable laws. You can obtain more information about these laws by contacting the DPO. When we process your Sensitive Personal Information on the basis of your consent, you may withdraw that consent at any time by contacting the DPO. If you withdraw your consent, we may still be required to process your Sensitive Personal Information to comply with applicable law, but we will explain to you at the time your consent is withdrawn what processing activities will continue for legal compliance purposes.

Recipients of Your Personal Information

Your Personal Information will be received and processed by Sunovion employees and personnel, including third parties who provide services to us in connection with the purposes of processing described above. These third parties may include, for example, our website providers, vendors that assist us in communicating with you, database providers, survey and marketing research organizations, and event organizers. We share your Personal Information with our service providers only when they have agreed to process your Personal Information only to provide services to us and have agreed to protect your Personal Information from unauthorized use, access, or disclosure. You may contact the DPO to learn more about the categories of service providers to whom your data is disclosed.

We may disclose your Personal Information, including your financial relationship with Sunovion and any amounts you have been paid by Sunovion, to government authorities and the public in response to authorized information requests, or as otherwise required by laws, regulations, regulatory guidance or standards, judicial or administrative proceedings, or industry codes.

We may disclose your Personal Information where necessary to protect our rights and safety or the rights and safety of one or more third parties.

Sunovion is a subsidiary of Sumitomo Dainippon Pharma Co., Ltd., and we may disclose your Personal Information for the purposes described above to our Sumitomo Dainippon Pharma affiliates. We may also disclose your Personal Information for the purposes described above to our development and business partners. Finally, in the event Sunovion decides to reorganize or divest our business through sale, merger, or acquisition, Sunovion may share Personal Information about you with actual or prospective purchasers.

Transfers to Third Countries

Sunovion is a global company headquartered in the United States. We may transfer your data to the United States and to other countries as required for the purposes above.

Sunovion has executed Standard Contractual Clauses, as approved by the European Commission. These clauses permit Sunovion to transfer data from the EU to third countries, including the United States. If you would like to receive a copy of Sunovion’s Standard Contractual Clauses, you can contact the DPO.

Data Retention

We keep data about health care professionals for (i) as long as we have an ongoing relationship with you; (ii) as required by a legal obligation to which we are subject; and (iii) as otherwise necessary for legal purposes (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations). If you have any questions, you may contact the DPO.

Your Rights

You have the right to the following information regarding Sunovion’s processing of your Personal Information:

  • the purposes of the processing,
  • the categories of Personal Information concerned,
  • the recipients or categories of recipients to whom the Personal Information have been or will be disclosed,
  • where possible, the envisaged period for which the Personal Information will be stored, or, if not possible, the criteria used to determine that period.

This Notice is intended to provide this information. Any questions about these details may be directed to the DPO.

You may also have the following additional rights with respect to your Personal Information:

  • The right to request access to the Personal Information that Sunovion has about you, as well as the right to request rectification of any data that is inaccurate or incomplete.
  • The right to request a copy of your Personal Information in electronic format so that you can transmit the data to third parties, or to request that Sunovion directly transfer your Personal Information to one or more third parties.
  • The right to object to the processing of your Personal Information for marketing and other purposes.
  • The right to erasure of your Personal Information when it is no longer needed for the purposes for which you provided it, as well as the right to restriction of processing of your Personal Information to certain limited purposes where erasure is not possible.
  • The right to lodge a complaint with the supervisory authority in the country where you live or work or where you believe that your rights have been violated.