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Effective Date: January 1, 2020
This privacy policy (the “Privacy Policy”) describes how Sun Pharmaceutical Industries Inc. (“Sun Pharma,” “we,” or “us”) collects, uses, maintains, and shares Personal Information including Personal Information gathered through the LEVULAN, KERASTICK, and BLU-U website located at https://sunaccessmeetings.com (the “Website”), studies, products, and services (collectively with the Website, the “Services”).
This Privacy Policy is incorporated into, and is subject to, the Terms of Use. By visiting the Website or using the Services, you accept and consent to the collection, use, and disclosure of that Personal Information described in the Privacy Policy and Terms of Use.
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or household. Aggregated or de-identified data is not considered Personal Information under the California Consumer Privacy Act of 2018 (“CCPA”).
The Personal Information we collect falls into two categories: (1) information you voluntarily supply us when you visit our Website or otherwise interact with us; when you submit your information, such as via a contact form or as part of a transaction; when we collect your information in connection with your participation in a clinical study; and when you otherwise use our Services and (2) tracking, usage, and other information gathered as you visit our Website.
Personal Information You Provide. We obtain certain Personal Information when you provide it to us. The following Personal Information about you may be collected when you interact with us or use our Website or Services:
This information may be supplied by you in response to specific questions, when you sign up for communications from us, communicate with us in person or by email, participate in our clinical studies, or use our Services. You can always refuse to supply Personal Information in response to requests, except that it may prevent you from engaging in transactions, Website-related activities or receiving responses to your inquiries or other information of interest such as our patient support programs. Information that is optional at these collection points will generally be noted and marked as such.
Passive Information. Sun Pharma may use third party analytics tools, including Google Analytics, to help us measure traffic, and usage trends by your use of our Website. These tools use various technologies, including cookies or similar technologies, to collect certain information sent by your devices to the Website, including:
Note that these third-party service providers have their own privacy policies addressing how they use such information. To opt out of Google Analytics on the Website go to https://tools.google.com/dlpage/gaoptout.
We may use your Personal Information to respond to your contact inquiries, provide you with Services you have requested and/or customer support, communicate with you about Services that may be of interest to you, and develop and improve our Services.
Additionally, we analyze Personal Information to help us determine how users access parts of the Website and who our users are. We may use Personal Information to make our Website more interesting and useful to you; for analyzing and improving the value of the material available on our Website; to increase the effectiveness of the Services we will offer to you in the future; and to help our partners and service providers, or our Website design teams, to create, serve, and track promotions our customers might like.
We may use Personal Information we have collected to enforce our Terms of Use, prevent or respond to fraud, and fulfill legal obligations, such as responding to court orders, subpoenas, or government requests.
By using the Website or Services, or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and any administrative issues. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending an email to you. You may have a legal right to receive this notice in writing. If you have any questions or concerns, please notify us at US.Privacypolicy@sunpharma.com.
We share your Personal Information for the purposes described in this Privacy Policy, including:
We reserve the right to disclose to third parties non-Personal Information, such as aggregated or de-identified information, for any lawful purpose.
Sun Pharma cares about the security and confidentiality of your Personal Information. We seek to maintain commercially reasonable administrative, technical, and physical security, collection, storage, and processing measures to protect against the unauthorized access, alteration, disclosure or destruction of the Personal Information you submit to us. However, no website is completely secure, error free, or “hacker proof.” You are responsible for taking reasonable steps to protect your Personal Information against unauthorized disclosure or misuse. We cannot guarantee that your use of our Website or Services will be completely safe, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. We are not responsible for third-party circumvention of any privacy settings or security measures.
We do not knowingly collect or store Personal Information from anyone under the age of 13 unless or except as permitted by law. ANY PERSON WHO VISITS ANY OF THE WEBSITE OR USES THE SERVICES REPRESENTS TO US THAT HE OR SHE IS 13 YEARS OF AGE OR OLDER. If we are made aware that we have received Personal Information from someone under 13, we will use reasonable efforts to remove that information from our records.
Sun Pharma uses cookies and similar technologies to collect information for the purposes outlined in this Privacy Policy. A cookie is a small data file that our server sends to your browser when you visit the Website. The use of cookies helps us to assist your use of certain aspects of the Website. You may be able to set your Internet browser to disable, turn the cookie feature off, or reject cookies entirely by changing the settings. Changing these settings, however, may affect your ability to use certain features and functions of the Website. Please note that by visiting the Website you are consenting to the use of cookies. For more information about third-party cookies, including information about how to opt out of these technologies, click here.
The Website may also use other technologies including but not limited to JavaScript tags or tracking pixels to collect, process, and store browsing information as described above. Tracking pixels and tags assist in delivering cookies and allow us to collect browsing information about you. Tracking pixels or tags may also be included in the emails we send you in order to determine whether the emails have been opened and if you have clicked on links with the email.
The Website uses first party cookies (set by Sun Pharma) and third party cookies (set by web analytics partners). The cookies used on our Website may be persistent or session based. A session cookie is a piece of information that is enabled only during a particular Website session. Session cookie files are deleted after logging off the internet browser or powering off your computer. In contrast, a persistent cookie is not deleted after logging off an internet browser or powering off your computer, but “persists” between sessions. Both types of cookies provide statistical information as well as help make improvements in Website navigation.
At this time, we do not track our users’ Personal Information over time and across third-party websites. We therefore do not respond to browser Do Not Track signals. We do not knowingly permit third parties to collect Personal Information about an individual user’s online activities over time and across different websites when using our Website.
Nevada Privacy Rights
We do not sell Personal Information for monetary consideration. Nevada residents have the right to submit a verified request directing us not to sell their Personal Information. If you are a Nevada resident, and would like to submit such a request, please send your request to US.Privacypolicy@sunpharma.com.
California Privacy Rights
We will provide the right to request and receive, once a year and free of charge, information about third parties to whom we have disclosed certain types of personal information (if any) about you for their direct marketing purposes in the prior calendar year, and a description of the categories of Personal Information shared. To make such a request, please send an email to US.Privacypolicy@sunpharma.com and please include the phrase "Personal Information Privacy Request" in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal information to third parties for their direct marketing purposes.
Under the CCPA, California consumers have the right to request:
California consumers also have the right not to receive discriminatory treatment if they exercise the rights list above.
You may submit a privacy rights request to us by:
When you make a request, we may require that you provide information and follow procedures so that we can verify the request and your jurisdiction before responding to it. The verification steps we take may differ depending on the request you make. We will only use the information received in a request for the purposes of responding to the request.
California law permits California consumers to use an authorized agent to make privacy rights requests. We require the authorized agent to provide us with proof of the California consumer’s written permission (for example, a power of attorney) that shows the authorized agent has the authority to submit a request for the California consumer. An authorized agent must follow the process described above to make a request. The authorized agent must also verify his/her own identity. We will confirm the agent’s authority with the California consumer about whom the request was made.
Note that certain information that is governed by the California Confidentiality of Medical Information Act (CMIA) or the Health Insurance Portability and Accountability Act of 1996, as amended and implemented (HIPAA), or is subject to the Federal Policy for the Protection of Human Subjects, also known as the Common Rule, pursuant to good clinical practice guidelines issued by the International Counsel for Harmonisation or pursuant to human subject protection requirements of the United States Food and Drug Administration, is not considered Personal Information with respect to the rights of California residents noted above. However, additional rights might be available under those laws and standards. Please contact US.Privacypolicy@sunpharma.com for more information.
To keep your Personal Information current and accurate, please contact us as specified above. If you decide to email us, please include the words “Updating Personal Information Update” in the subject line.
We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted via this Website.
Except to the extent prohibited by law, and subject to this Privacy Notice, we will retain your information for as long as needed to provide you with the Services, for Sun Pharma’s valid business purposes, and as necessary to comply with our legal obligations, resolve disputes, defend our legal rights, and enforce our agreements.
Where we process Personal Information for marketing purposes or with your consent, we process the data until you make us aware by unsubscribing to future contact. We also keep a record of the fact that you have asked us not to send you direct marketing or to process your Personal Information so that we can respect your request in the future.
Where we process Personal Information to meet legal requirements, we hold this for as long as the law requires (for example, we may hold records to help prevent fraud and other prohibited or illegal activities).
From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.
We may, in our sole discretion, change this Privacy Policy from time to time. Any and all changes to this Privacy Policy will be reflected here and the date new versions are posted will be stated at the top of this Privacy Policy. If we make material changes in how we use Personal Information, we will notify you by email if you have provided your email address to us or by means of a notice on this Website.
Our Website may contain links to other third-party websites. This Privacy Policy does not apply to the practices of other websites, and Sun Pharma is not responsible for the actions and privacy policies of third parties. We encourage you to be aware of when you leave our Website and to read the privacy policies of each website that you visit.
The information collected by Sun Pharma is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing the Website from other jurisdictions, please be advised that you are transferring your Personal Information to us in the United States where data protection and privacy laws may be less stringent than the laws of your country. BY USING OUR WEBSITE, YOU CONSENT TO THE TRANSFER AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.
If you have any questions or comments regarding our Privacy Policy, please contact us at US.Privacypolicy@sunpharma.com.
CUSTOMER SERVICE
Toll-free: 877-533-DUSA (877-533-3872)
Fax: 978-657-6502
customerservice@dusapharma.com
Please click here to fill an online adverse event reporting form.
Effective Date: February 2017
These terms and conditions of use (the “Terms of Use”) govern and apply to anyone accessing or using the LEVULAN Access Support website located at http://www.levulanaccesssupport.com (the “Website”).
The Website is owned and operated by Sun Pharmaceutical Industries, Inc. and its subsidiaries and affiliates (collectively, “Sun Pharma,” “we,” “us,” and “our”). While browsing the Website, please be aware that your access to and use of the various information, documents and services offered by Sun Pharma (the “Materials”) are subject to these Terms of Use. Your use of the Website is expressly conditioned on your compliance with and acceptance of the following Terms of Use. If you choose to continue to use or access this Website after having the opportunity to read the Terms of Use, you recognize that Sun Pharma has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to the Terms of Use and incorporated Privacy Policy. If you do not agree with any part of the following Terms of Use or Privacy Policy, please do not use the Website.
Sun Pharma reserves the right to modify these Terms of Use at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms of Use. Your continued use of this Website following the posting of changes to same will indicate your acceptance of those changes.
THE WEBSITE IS NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE OR ACCESS THE WEBSITE OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms of Use with your parent or legal guardian and that you and your parent or guardian understand and consent to these Terms of Use.
Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Website and Materials existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of Sun Pharma, its parents, subsidiaries, affiliates and/or licensors. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available.
Images of people or places displayed on the Website are either the property of, or used with permission by, Sun Pharma. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
A single copy of the Materials may be downloaded or otherwise copied from this Website for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission or distribution of any part of this Website in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. Modification of the Materials or use of the Materials for any other purpose is a violation of Sun Pharma’s copyright and other proprietary rights. Sun Pharma neither warrants nor represents that your use of Materials will not infringe the rights of third parties not owned by or affiliated with Sun Pharma.
The Website and Materials may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of Sun Pharma, except as provided herein. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited. You are prohibited from posting to or transmitting from the Website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, publicity and privacy. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our Web pages or the content contained herein, without the prior express written consent from an authorized executive of Sun Pharma. You agree you will not interfere or attempt to interfere with or damage, impair or disable the operation of the Website, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. You may also not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any unsolicited offers, requests, advertisements, or spam.
You represent, warrant and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website.
We attempt to ensure that information on the Website is complete, accurate and current. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy or currency of any information on the Website and in the Materials. Sun Pharma shall not be responsible for any errors or omissions in the Materials.
This Website may contain hyperlinks or other connection devices, which will allow you to use this Website and access other websites. Sun Pharma is not responsible and assumes no responsibility for the contents of any non-Sun Pharma linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The Internet websites to which links are provided in this Website are not under the control of Sun Pharma. Access to any other Internet websites linked to the website is at the user's own risk.
In addition, the existence of a link between this Website and any other Internet website is not and shall not be understood to be an endorsement by Sun Pharma of any material, substance, information or the owner or proprietor of the linked Internet website, and such link shall not imply nor create any relationship nor endorsement between Sun Pharma and the owner or proprietor of such linked website.
Sun Pharma is committed to ensuring the privacy of its customers. Your use of our Website is subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal information and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes. If you do not agree to these Terms of Use, please do not use the Website.
This Website contains information pertaining to various health conditions and available treatments. This information should not be used as medical advice, for prescription or diagnosis. Please consult with your physician or other qualified medical or health professional regarding any disease treatment. Sun Pharma assumes no responsibility for any treatment undertaken based upon the Materials provided on this Website.
EVERY USER WHO VISITS THIS WEBSITE DOES SO AT HIS OR HER OWN RISK. NEITHER SUN PHARMA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
Neither Sun Pharma nor any other party involved in the creation, production or delivery of this Website or whose materials or information appear in this Website, will be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors or the inability to use the Materials, even if there is negligence on Sun Pharma's part or an authorized Sun Pharma representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
In the event that you have a dispute with one or more other users of the Website, you release Sun Pharma (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree to indemnify, defend and hold Sun Pharma, its officers, directors, shareholders, employees and agents from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) resulting from (i) your online conduct and use of the Website and Materials; (ii) your violation, breach or alleged breach of these Terms of Use; (iii) your failure to comply with any applicable laws or regulations; (iv) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, including without limitation, copyright and trademark infringement, obscene or indecent postings, and online defamation; or (v) any of your dealings or transactions with other persons resulting from use of the Website. You will be required to completely and fully indemnify Sun Pharma for its losses.
No provision in these Terms of Use shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Sun Pharma’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) Sun Pharma’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A. 56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms of Use, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.
This Website is intended for use in and by citizens and domiciliaries of the United States of America only. The Materials may contain information about products which may not be available in other countries or may be available under different trademarks in different countries, subject to different indications or restrictions of use. The Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, in the United States of America, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Essex County, New Jersey, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website are incorporated by this reference into these Terms of Use.
Your use of the Website is independent of Sun Pharma and not as an employee, agent, partner, or joint-venturer with Sun Pharma for any purpose.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The Terms of Use constitutes the entire agreement between you and Sun Pharma and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact us at us.privacypolicy@sunpharma.com.
All Website design, graphics, text selections, arrangements, and all software are Copyright © 2017 Sun Pharmaceutical Industries, Inc.
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