Issued April 2014
Who We Are
"Safe Harbor" Certification for Privacy
As part of our commitment to privacy, Fougera has certified to the Safe Harbor privacy program. The Safe Harbor program is co-sponsored by the European Commission, the Swiss Federal Data Protection and Information Commission and the US Department of Commerce. This means that Fougera has voluntarily implemented a set of privacy standards that are approved by the United States, European and Swiss governments for companies in the United States. Only a small percentage of US companies have certified to the Safe Harbor privacy standards. More information about our Safe Harbor privacy standards is provided in the link below.
Collection of Your Information
Many of our services do not require any form of registration or identification. However, some of our services may require registration. This allows us to send you information that you request or to contact you about Fougera products and services on either a one-time basis, or longer. Registration is optional but if you choose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the site or for us to provide the materials, information or services that you would like to receive.
Fougera takes reasonable steps to ensure that personal data collected is reliable for its intended use, accurate, complete, and current. Fougera limits the collection and processing of personal information to what is necessary to fulfill the intended purpose.
Consent to Provide Your Information to Fougera
We request your permission to collect your personally identifiable information when you seek to register for a Fougera program or service. In doing so, we also explain the purpose for the collection of your personal information and how we plan to use it. We also offer you the option to discontinue your consent ("opting out" or "unsubscribing") if you later decide that you no longer want to participate in a program or service. If we wish to use this information for purposes other than those for which the data was initially collected, we will offer a means to opt out of the secondary use.
Collection of Anonymous Computer Information
When you visit our websites, we do not collect any personally identifiable information about you without your permission. However, we do collect anonymous information about you if your computer is set to allow that type of collection. (You can turn off the ability to collect some of this information on most computers.) This type of anonymous information allows us to evaluate customer interest in our websites and perform other market research activities, such as surveying browsing habits on our sites. It also allows us to monitor traffic to our websites. (For those who are interested in the details, some of the typical computer techniques we may use are "cookies," "internet tags" which are also called "action tags," "single-pixel GIFs," “clear GIFs,” "invisible GIFs,” and "1-by-1 GIFs”). If you would like more information about web tags and cookies associated with on-line advertising or how to opt-out of third-party collection of information, please visit the Network Advertising Initiative website, an independent website not sponsored by or affiliated with Fougera.
Sharing Your Information With Third-Parties
Fougera will not share your personal information with unaffiliated third-parties, such as marketers, for their own separate use unless we have obtained your opt-in consent to do so. When you provide personally identifiable information to Fougera, it will be accessible to some of Fougera’s and Novartis' business partners, such as companies we retain to fulfill requests for information, or provide assistance to us on specific programs or projects. In those cases, the other companies may also have access to your personally identifiable information. Fougera requires third-parties to whom it discloses personal data to protect personal information using substantially similar standards to those required by Fougera. We also require that they not use your personal information for any separate use that is not specifically authorized by Fougera.
There may also be instances where Fougera may be required to share your information with third-parties who have not been retained by us (directly or indirectly), for example, if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding here or abroad. Many entities receiving personally identifiable information under these conditions have privacy requirements that apply to their handling of your information.
Personal Information collected from you may also be transferred to a third party in the event that the business of this site or a part of it and the customer data connected with it is sold, assigned or transferred, in which case we would require the buyer, assignee or transferee to treat your information in accordance with this Privacy Statement.
Sharing Your Information Within the Novartis Group of Companies
The information that you provide to Fougera may sometimes be shared with Novartis subsidiaries and affiliates within the Novartis global group. This may mean that your personally identifiable information may be transferred outside of the US to Novartis affiliates in other countries. Other departments within the Novartis group, and other Novartis companies that may receive your information will abide by substantially similar privacy requirements relating to your personally identifiable information.
Security of Your Information
We use appropriate technical, administrative and physical safeguards to protect data that pertains to you from loss, misuse or alteration. Of course, no organization can guarantee the absolute security of personal information. You should keep in mind that Internet transmissions, particularly email transmissions, are never 100% secure or error-free. Accordingly, we also caution you to guard your own computer and password against unauthorized access by others.
Links to Other Sites
This Privacy Statement applies only to this website and not to third party websites. We may provide links to other websites which we believe may be of interest to our visitors. We aim to ensure that such websites are of a high standard. However, due to the nature of the World Wide Web, we cannot guarantee the privacy standards of websites to which we link or be responsible for the contents of sites other than this one. This Privacy Statement is not intended to be applicable to any linked, non-Fougera site.
Transfer of Your Information
When Fougera transfers personal information to countries other than the country where the information was provided, we do so in compliance with applicable privacy laws. We endeavor to protect personal information entrusted to us no matter what country it is stored in or transferred to and seek to have appropriate procedures in place to help ensure the security of your personal information. As noted above, we also adhere to the US Department of Commerce's Safe Harbor standards concerning the transfer of personal data from the European Union and Switzerland to the United States of America.
Protection of Children
Fougera will not knowingly collect, use or disclose personally identifiable information from a minor under the age of 13, without obtaining prior consent from a person with parental responsibility (parent or guardian). Fougera abides by the Children's Online Privacy Protection Act (COPPA) in the United States, and respects similar laws of other countries that protect the privacy of children. Should a child whom we know to be under 13 provide personally identifiable information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving information about him or her.
Updating and Accessing Your Information
We encourage you to update the information that you provide to us, such as providing us with a new mailing or email address. This will help us continue to provide information to you that best meets your needs.
In addition, Fougera complies with laws and regulations applicable to the right to amend your data in our files. These rights are limited in some ways. In addition, in order to protect your data from unauthorized access or alteration by third parties, all requests to update or access your information will be subject to verification of the identity of the requesting individual.
Updated Fougera Privacy Statement
How to Contact Us
Fougera Safe Harbor Privacy Statement
Safe Harbor Standards
This Safe Harbor Privacy Statement (the "Statement") sets forth the privacy principles followed by Fougera which is Safe Harbor certified in connection with the transfer and protection of "personal information" received from the European Union (EU) or Switzerland.
About The Safe Harbor
The "Safe Harbor" program was jointly established by the United States Department of Commerce and the European Commission, as a method for transferring personal information from the European Union (EU), to companies in the United States. A similar arrangement was later reached between the US Department of Commerce and the Information Commissioner of Switzerland, so that the Safe Harbor program now includes the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework. The program is a voluntary self-certification process for companies operating in the United States. Companies that certify that they are upholding privacy standards for personal information received from the EU and Switzerland that have been accepted by the EU Commission, the Swiss Federal Data Protection and Information Commission and the US Department of Commerce. These standards exceed current US privacy standards. Fougera has certified to the Safe Harbor program and makes that same representation.
"Personal Information" means information that can directly or indirectly lead to the identification of a living person, such as an individual's name, address, e-mail, telephone number, license number, medical identification number, photograph, or other identifying characteristic. The identification can occur by reference to one or more factors specific to the individual's physical, physiological, mental, economic, cultural or social identity. Personal information does not include information that has been anonymized, encoded or otherwise stripped of its identifiers, or information that is publicly available, unless combined with other non-public personal information.
To learn more about the Safe Harbor program, and to view Fougera's certification, please visit http://www.export.gov/safeharbor/.
This Statement governs personal information transferred from countries in the EU or Switzerland (which has adopted substantially similar privacy laws to those of the EU), to the United States on behalf of Fougera. It applies to personal information in electronic and off-line formats.
Safe Harbor Privacy Principles
The following privacy principles apply to the transfer, collection, use or disclosure of personal information from the EU or Switzerland by Fougera.
Notice: Fougera informs individuals in the EU and Switzerland about the purposes for which it collects and uses their personal information, how to contact Fougera, the types of third parties with which Fougera shares their personal information, and the choice and means Fougera offers for limiting the use and disclosure of their personal information. Consistent with the Safe Harbor requirements, Fougera may not be in a position to furnish notice in certain limited situations. Specifically, notice is not required where the processing of EU or Swiss personal information is necessary to respond to a government inquiry; is required by applicable laws, court orders or government regulations; or is necessary to protect Fougera's legal interests and providing notice would interfere with those interests.
Choice: Fougera will not process personal information about EU or Swiss individuals for purposes other than those for which the information was originally obtained or subsequently authorized by the individual unless the individual affirmatively and explicitly consents ("opt-in") to the processing, or unless an exception applies. Fougera also provides EU and Swiss individuals with the opportunity to withdraw consent at any time ("opt-out"), in which case their personal information will not be further processed. There are certain limitations on the right to opt-out, such as those that apply in the clinical research situation. In that situation, Fougera can continue to rely upon personal information already provided by clinical research participants who choose to discontinue participation in a clinical trial, to the extent needed to protect the integrity of the study, but cannot collect any additional personal information about that individual once the written request to withdraw participation is received.
Data Integrity: Fougera seeks to ensure that any personal information held about EU and Swiss individuals is accurate, complete, current and otherwise reliable in relation to the purposes for which the information was obtained. Fougera collects personal information that is adequate, relevant and not excessive for the purposes for which it is to be processed. EU and Swiss individuals have a responsibility to assist Fougera in maintaining accurate, complete and current personal information about them.
Transfers To Third Parties: Fougera will only transfer personal information about EU and Swiss individuals to third-parties where the third-party (a) has provided satisfactory assurances to Fougera that it will protect the information consistently with this Statement; or (b) is located in the EU, Switzerland or a country considered "adequate" for privacy by the EU or Swiss Commission, and therefore is required to comply with the EU or Swiss data protection laws or substantially equivalent privacy laws depending upon where the personal information originated ; or (c) the third-party has also certified to the Safe Harbor, and is accordingly independently responsible for complying with the Safe Harbor requirements.
Where Fougera has knowledge that a third-party to whom it has provided EU or Swiss personal information is processing that information in a manner contrary to this Statement or the Safe Harbor requirements, Fougera will take reasonable steps to prevent or stop the processing.
Access and Correction: Upon written request to Fougera, Fougera will provide EU and Swiss individuals with reasonable access to their personal information. Fougera will also take reasonable steps to allow EU and Swiss individuals to review their information for the purposes of correcting their information. There are certain limitations to the Access and Correction rights, as set forth in the US Department of Commerce's Safe Harbor website (http://www.export.gov/safeharbor/).
Security: Fougera takes reasonable precautions to protect EU and Swiss personal information in its possession from loss, misuse, unauthorized access, disclosure, alteration and destruction.
Enforcement: Fougera has established internal mechanisms to verify its ongoing adherence to this Statement. Fougera also encourages individuals covered by this Statement to raise any concerns about our processing of their personal information by contacting the Fougera Data Privacy Officer at the address below. Fougera will seek to resolve any concerns. Fougera has also agreed to participate in the dispute resolution programs provided by the European Data Protection Authorities.
Limitation On Scope Of Principles: Adherence to these Privacy Principles may be limited to the extent required to meet a legal, governmental, national security or public interest obligation.
Contact Information: If you have questions or comments about this Statement, write to: Fougera Pharmaceuticals Inc., Attention Data Privacy Officer, 60 Baylis Road, Melville, NY 11747, or via e-mail at firstname.lastname@example.org.