Privacy Policy

This is the Upsher-Smith Laboratories, LLC (“Upsher-Smith”) privacy policy. This privacy policy explains how we collect, use and share personal information about you, and how you can exercise applicable privacy rights.

This privacy policy covers the operation of Upsher-Smith and, except when otherwise specifically stated in connection with a particular activity, applies to any information collected by Upsher-Smith about you, including through our websites, apps, and devices, and in connection with Upsher-Smith’s services and operation (collectively the “Upsher-Smith Services”), including, for example and without limitation, information collected by interacting with Upsher-Smith by phone, email, text or chat, or over an on-line platform or through a mobile application (if applicable). By using the Upsher-Smith Services such as our websites and by providing information to Upsher-Smith, you consent to the collection, use, and disclosure of that information in accordance with this privacy policy.

Upsher-Smith presently maintains internet sites for the United States audience only and are not intended for viewing outside of the United States.  Upsher-Smith is not responsible for how other websites treat your privacy once you leave an Upsher-Smith site.

Information Collection

Upsher-Smith collects a variety of information that may qualify as personal information under various laws including the California Consumer Privacy Act (“CCPA”). We may have collected the following categories of personal information from consumers through our websites, applications, devices, and the Upsher-Smith Services within the twelve (12) months preceding the effective date of this privacy policy:

Personal Information Category

• Identifiers such as
  • Name
  • Address
  • Unique personal identifier (e.g., online identifier)
  • Internet Protocol address
  • Date of Birth
  • Phone Number
  • Email address
• Professional information relating to health care providers
• Employment related information. For example, for employees in addition to name, address, and similar identifiers, we may collect social security numbers, driver’s license numbers, and characteristics of protected classifications under California/federal law (e.g., age, race, sex, disability status, veteran status, medical condition, etc.)
• Medical information provided directly from individuals who contact Upsher-Smith. Medical information provided to Upsher Smith by third parties (such as pharmacies) does not include names or other identifying information.
• Health insurance information
• Financial information for employees and potential partners to business transactions, including employee banking information and commercial credit card numbers
• Commercial information (such as purchase history and information included in contracts)
• National Provider Identification (NPI) number
• Internet or other electronic network activity information (e.g., browsing history, interaction with our website, computer and connection information such as browser type and version, operating system, and platform, the full Uniform Resource Locator (URL) clickstream to, though, and from the website, including date and time, cookie identifier and related cookie information, information you viewed or searched for, your mobile carrier and device type, etc.)
• Geolocation data
• Audio information such as any personal information shared during telephone calls that are recorded for quality and training purposes
• Educational information for employees and health care providers
• Inferences based on data analytics such as prescribing trends of health care providers

Information Upsher-Smith Automatically Collects.

Certain information may be automatically collected (that is, gathered without you actively providing the information) using various technologies, such as cookies, Internet tags, web beacons, local storage objects, and navigational data collection (log files, server logs, clickstream).

Cookies.

Like many websites, we may use cookie technology to collect additional website usage data and to improve our services. A cookie is a small data file that is transferred to your computer’s hard disk. Most Internet browsers automatically accept cookies. If you do not want cookies from Upsher-Smith or other websites, you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Each browser differs, so check with your browser’s manufacturer to understand how these controls function. However, some services may not function properly if you disable cookies.

Web Beacons.

Upsher-Smith may employ web beacons (also called single-pixel gifs), which are customized links or similar technologies, when sending you messages, newsletters, or promotional e-mails.  We may keep track of how you interact with links across our services, including our email notifications.  Web beacons allow Upsher-Smith to (a) determine whether you have opened, or acted upon, a promotional e-mail and which links you have clicked on in order to deliver to you more focused communications and other content, (b) allow Upsher-Smith to count the number of users who have visited certain web pages and effectively deliver co-branded services, and (c) enable Upsher-Smith to compile aggregated statistics and determine the efficacy of promotions by using web beacons from third parties, without allowing such third parties to use web beacons to collect or access your personal information.

Local Storage Objects.

Local storage objects (sometimes referred to as flash cookies) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. Local storage objects can be controlled through the instructions on Adobe’s Setting Manager page.

Third-Party Service Providers.

Upsher-Smith may use a variety of third-party services to help provide Upsher-Smith Services, such as developing and hosting our websites, operating a call center to support the Upsher-Smith Services, to help us understand the use of Upsher-Smith Services, and to provide you with advertising. We may also collect or otherwise gather information related to you from these third-party service providers. These third-party service providers may collect, store, and share information as further dictated by the privacy policies of those third parties.

The Upsher-Smith Services, including our websites, may contain links to other websites and embedded content that comes from other websites and services, and now or in the future we may use buttons from other websites and services such as social media websites, and these third parties may use cookies or other tracking devices to collect and track information about you across the Internet. In general, you can identify these social media buttons and the companies they represent by their logos. Several of these third parties may use cookies or other tracking devices to collect and track information about you over time and across the Internet. We are not responsible for the privacy practices or the content of these other websites or companies or their data collection practices. You should check the privacy policies of these other websites and companies when providing personally identifiable information or to find out what other information they collect from users, whether while on their platform or website or in relation to links, buttons, or embedded media.  We are not responsible for the privacy practices or the content of these other websites or entities or their data collection practices.

Google, Inc. may use the data collected to track and examine the use of our websites to prepare reports on its activities and share them with other Google, Inc. services.  For example, we may use products such as Google Analytics, Google Ads, the Google Maps API, Google Tag Manager, Google reCAPTCHA, and Google’s Campaign Manager. Google, Inc. may also use the data collected to contextualize and personalize the ads of its own advertising network to serve ads to you based on your visit to our websites and other sites on the Internet. You may view Google’s privacy policy here:  https://policies.google.com/privacy?hl=en, with more information located here: https://www.google.com/policies/privacy/partners/ (including information regarding how to control how information is shared through your Ads Settings) and here: https://support.google.com/analytics/answer/6004245?hl=en.

You can prevent the collection of the data generated by Google Analytics in relation to your use of our websites and the processing of this data by downloading and installing the browser plug-in, with more information regarding how you can opt out of Google Analytics data collection as instructed here: https://tools.google.com/dlpage/gaoptout.  This link provides instructions for installing an opt-out cookie on your device. As a result, the collection of data by Google Analytics is prevented in future for the website and browser as long as the opt-out cookie remains installed in your browser.

We may also use various Facebook services in relation to the Upsher-Smith Services. In addition, using the pixel tracking, we can keep track of what users do after they see or click on a Facebook advertisement. The pixel tracking enables us to monitor the effectiveness of Facebook ads for purposes of statistics and market research. Facebook may connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and outside of Facebook. A cookie can also be saved on your device for these purposes.  You can opt out of various Facebook advertising options here:  https://www.facebook.com/settings?tab=ads.

We may use Microsoft services including Bing to track and examine the use of our websites and for advertising purposes.  We may utilize a Universal Event Tracking (UET) tag.  Such tracking allows us to track individual end users and share that data with third parties such as Microsoft for advertising and marketing purposes.  You can view Microsoft’s privacy statement here, and adjust your privacy settings as set forth therein: https://privacy.microsoft.com/en-us/privacystatement.

We may use Trade Desk services to track and examine the use of our websites and for advertising services.  You can view Trade Desk’s privacy statement here, and adjust your privacy settings as set forth therein: https://www.thetradedesk.com/general/privacy.

We may use Hotjar services to track and examine the use of our websites and for advertising services.  You can view Hotjar’s privacy statement here, with information regarding data collection about you, the end user, in the End User section of their privacy policy: https://www.hotjar.com/legal/policies/privacy/.

We may use WordPress as the content management system running our website.  You can view WordPress’s general privacy statement here:  https://wordpress.org/about/privacy/.   We may also use the Gravity Forms plugin for WordPress, and you can view the Gravity Forms general privacy statement here:  https://www.gravityforms.com/privacy/.

Additional general information regarding opt-out from interest-based advertising from companies belonging to the Network Advertising Initiative can be found here: https://optout.networkadvertising.org/, information regarding opting out through the Digital Advertising Alliance can be found here: http://optout.aboutads.info/.

Categories of Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from individuals’ interactions with us, including with the website, our devices and software, desktop and mobile applications, by email, and phone. For example, Upsher-Smith collects personal information when you phone, email, or otherwise contact us. If any Upsher-Smith website contains data fields to be completed, we collect the information entered into such data fields. When you engage in a phone conversation with us in connection with any of the Upsher-Smith Services, we may record the call. When you attend an Upsher-Smith on-line or in-person educational or informational session, we may record the session.
• Social media sites (for example, if you access third-party services, such as Facebook, Google, or Twitter, through the Upsher-Smith Services to login to Upsher-Smith Services or to share information about your experience on Upsher-Smith Services with others, or if you access Upsher-Smith Services while logged into those third-party services, we may collect information from these third-party services)
• Web browsers
• Advertising, marketing, and analytic service providers
• Discount card vendors
• Technology service providers
• Publicly available sources
• Health care providers (where permitted by law)
• Employees
• Human resources service providers
• Mailing list vendors
• Database vendors (such as health care provider database vendors)
• Clinical trial vendors
• Conference providers
• Sales representatives
• Medical organizations

To protect your privacy, you should not provide Upsher-Smith with any information that is not specifically requested.

You understand that information you submit through an Upsher-Smith website or mobile application generally will not be protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

Our Use

We use the personal information we collect for one or more of the following business or commercial purposes:

• To monitor and maintain the quality or safety of our products and the Upsher-Smith Services
• To monitor orders and for other compliance purposes
• To request and obtain regulatory approval
• To respond to patient requests
• To provide customer service
• To interact with health care providers (such as physicians and nurse practitioners)
• To provide training to health care providers (such as physicians and nurse practitioners)
• To enhance products and Upsher-Smith Services
• To improve and personalize consumer access to and experience on our websites, for example, by telling and surveying consumers about new features, products, or services that may be of interest to them
• To develop and maintain records, including records for compliance and human resources purposes
• For advertising and marketing
• For analytical purposes and to research, develop, and improve programs, products, services and content
• For activities described to consumers when collecting their personal information or as otherwise permitted under CCPA
• For U.S. healthcare providers, to link name, National Provider Identifier (NPI), state license number, and/or IP address to web pages they visit, for compliance, marketing, and sales activities
• To conduct audits and perform troubleshooting activities of our websites, products, and services
• To detect and protect against security incidents and deceptive, malicious, or fraudulent activity
• To protect someone’s health, safety or welfare
• To ensure the websites, products, and applications, and other Upsher-Smith Services function as intended, including debugging and repairing
• To combine with other information and to create data that does not have any personal identifiers, such as names, e-mail address, or social security number, that identify you as a unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information.
• For human resources purposes, employment application and hiring, and employee-related activities. When you submit an inquiry about a job through an Upsher-Smith website, we may use the information you provide to match your experience and preferences with the job openings we have, and someone from Upsher-Smith may contact you about a possible employment opportunity. Please note that by submitting your information regarding employment opportunities with Upsher-Smith, you authorize us to transmit and store your information in our recruitment database.
• Payroll processing and administration of human resources tasks such as payroll and benefits
• For employee and sales representative training purposes
• For verifying customer information
• To comply with a law or regulation, court order or other legal process or to protect our rights or property, including without limitation to enforce this privacy policy and other terms and conditions regarding your use of the Upsher-Smith Services. We may use and disclose personal information in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other website visitors, or anyone else. We may disclose visitor information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, and when Upsher-Smith otherwise believes in good faith that any applicable law requires it.
• If you are enrolled in a clinical study, as described in the clinical study informed consent.
• To evaluate potential business transactions
• To enter into and perform business transactions
• In connection with an actual or potential sale, merger, acquisition, assignment, or other transfer of the business of Upsher-Smith, or as part of a reorganization, bankruptcy, or change in ownership or control, in which case we will require any such recipient to use personal information in accordance with this privacy policy
• We also may disclose personal information to any other person with your consent

Disclosure of Information Collected

We may disclose personal information we collect for one or more of the following business or commercial purposes:

How We Share Personal Information

Upsher-Smith may share personal information with any member of our corporate group.

In the ordinary course of business, we will share some personal information with companies and sales representatives that we hire to perform services or functions on our behalf such as sales, marketing and advertising service providers, technology service providers, security service providers, analytics service providers, mailing and shipping providers, and employee-related service providers.

We may be required to disclose personal information to regulators for compliance purposes. For example, we may keep, disclose, and use personal information to comply with U.S. FDA and other governmental guidance, directions, regulations, and laws. We also may be required to release consumers’ personal information in response to a court order, subpoena, search warrant, law, regulation, or government investigation.

If you are enrolled in a clinical study, we may keep, use and disclose personal information as described in the clinical study informed consent.

Security

We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

International Transfers

By using our websites and providing us with information, you understand and agree that your information may be transferred to and stored on servers located outside your resident jurisdiction and, to the extent you are a resident of a country other than the United States, that you consent to the transfer of such data to the United States for processing by us in accordance with this privacy policy.

Children

Protecting the privacy of children is very important to us. For that reason, our websites and the Upsher-Smith Services do not solicit, collect or maintain personally identifiable information from users we actually know are under age 18. If you are a parent or guardian, please contact us if you believe information regarding a child has been collected by us through our websites.

Do Not Track

At this time, our websites do not honor do not track requests from web browsers.

ADDITIONAL STATE-SPECIFIC PRIVACY NOTICES

NEVADA

We do not sell your personal information, but nevertheless we offer an opt out to sales of your data in an overabundance of caution to ensure compliance with Nevada law. Verified requests under Nevada law (NRS 603A) to not make any sale of any covered information we have collected or will collect regarding you may be sent to privacy@upsher-smith.com. Please included in your email “Request for Nevada Opt-Out” in the subject line and in the body of your message and please indicate in the body of your e-mail that the message is Attn: Legal – Privacy.

CALIFORNIA

This notice for California residents supplements the information contained in our privacy policy and applies solely to residents of the State of California. Under the CCPA, you have certain rights in relation to some of your personal information, including the right to certain disclosures and explanations of rights. This section explains your rights under California law.

California consumers have the right to request that we disclose the personal information we collect, use, disclose, and sell. Please see the Submit a Request section below to request the personal information we collect, use, and disclose. Please also review the information generally in this policy regarding the categories of personal information we collect, the sources of personal information, the business or commercial purposes for which personal information is used, and the categories of third parties with whom personal information is shared.

The CCPA states it does not apply to a variety of types of information, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.

Categories of Personal Information We Sell

We do not sell personal information.

Rights under California Law

1. Right to Know. If you are a California consumer, you have the right to ask us to disclose to you the following information up to two times in a twelve-month period:
   • The categories of personal information we have collected about you.
   • The categories of sources from which we collected the personal information.
   • Our business or commercial purpose for collecting personal information.
   • The categories of third parties with whom we share personal information.
   • What categories of personal data we disclose about you for business purposes.
   • What categories of personal information we sell about you.
   • The specific pieces of personal information we have collected about you, subject to certain limitations under CCPA regulations.
2. Right to Delete. If you are a California consumer, you have the right to ask us to delete the personal information about you we have collected. We may deny the request based on applicable exemptions.
3. Right to Opt-out. If a business sells personal information to third parties, California consumers have the right, at any time, to opt out of the sale or disclosure of their personal information to third parties. Upsher-Smith does not sell personal information to third parties.

Submit a Request. To submit a request to know the personal information we have about you or to submit a request to delete your personal information, please email privacy@upsher-smith.com, or call us at 800-654-2299. When you submit a request to know or delete, you must provide your first name, last name, and email address.

Authorized Agent. You may designate an authorized agent to make a request under the CCPA on your behalf. To be able to act, authorized agents must submit proof that they are authorized to act on your behalf. We may deny requests from claimed authorized agents who do not submit adequate proof that they are authorized to act on your behalf.

Verifying Requests. To help protect your privacy and maintain security, we will take steps to verify your identity before complying with your requests. For example, for requests to know and delete, we will attempt to match your identity to the information stored in our files. If we cannot, we will ask you to provide additional identifying information. We will use information you provide in your request for the purpose of verifying your identity or authority to make the request.

Right to non-discrimination. You have the right not to receive discriminatory treatment by Upsher-Smith for exercising privacy rights conferred by the CCPA.

Contact for Upsher-Smith

If you have questions about our use of personal information, please contact us by any of the following:

Emailing us at privacy@upsher-smith.com

Sending a letter to the following address:

Upsher-Smith Laboratories, LLC
Attn: Legal – Privacy
6701 Evenstad Drive
Maple Grove, MN 55369

Privacy Policy Changes

Upsher-Smith reserves the right to amend this privacy policy without prior notice for any reason including without limitation to reflect technological advancements, legal, and regulatory changes and good business practices. Please check back periodically, and especially before you provide any personal information.

This privacy policy was last updated and is effective on December 22, 2020.