Introduction

 

Last Updated: March 28, 2023

 

This Privacy Notice describes the privacy practices of Emmanual Health Education, LLC and its subsidiaries and affiliates, including but not limited to the entities listed here (collectively, “Emmanual Health,” “we,” “our,” or “us”). This Privacy Notice describes how we collect, use, disclose and otherwise process personal information, and explains the rights and choices available to individuals with respect to their information.

 

Emmanual Health may provide additional privacy notices to individuals at the time we collect their data. For example, we provide a specific privacy notice to clinical trial participants that describe our privacy practices in connection with conducting clinical trials. This type of an “in-time” notice will govern how we may process the information you provide at that time. 

 

Please note this Privacy Notice does not apply to Emmanual Health’s processing of employee or contractor data.  If you are a health care provider, then this Privacy Notice applies to your online interactions with us, but you should also review our HCP Privacy Notice for information specific to our interactions with and data collection from HCPs.

 

BY PROVIDING YOUR PERSONAL INFORMATION TO EMMANUAL HEALTH OR OTHERWISE USING OUR WEBSITES OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PRIVACY NOTICE AND UNDERSTAND OUR COLLECTION, USE AND DISCLOSURE OF THAT PERSONAL INFORMATION FOR THE PURPOSE(S) SPECIFIED IN THIS PRIVACY NOTICE.

 

Personal Information We Collect

Whose Personal Information We Collect

 

We collect personal information about the following types of individuals: clinical trial participants, patients, patient family members, caregivers or advocates, physicians and other healthcare professionals, clinical trial investigators, researchers, pharmacists, contractors, consultants, job applicants, volunteers, visitors to our offices, and other individuals who interact directly with Emmanual Health or its service providers or business partners, including users of websites and mobile applications.

 

How We Collect Personal Information

 

We collect personal information:

 

Directly from individuals

Through our websites

From healthcare professionals

From contract research organizations and clinical trial investigators

From government agencies or public records

From third party service providers, data brokers or business partners

From industry and patient groups and associations

From social media or other public forums (including adverse event information or product quality complaints)

From recruiters

Types of Personal Information We Collect

 

The types of personal information we collect and disclose depend on the nature of the relationship you have with Emmanual Health and the requirements of applicable laws. The types of personal information we collect include: 

 

Health and medical information (such as medical insurance details, information about physical and mental health conditions and diagnoses, treatments for medical conditions, genetic information, family medical history, and medications an individual may take, including the dosage, timing, and frequency). For example, we may collect health and medical information in connection with managing clinical trials, conducting research, providing patient support programs, distributing and marketing our products, managing compassionate use and expanded access programs, or tracking adverse event reports

Personal and business contact information and preferences (such as name, job title and employer name, email address, mailing address, phone number, and emergency contact information)

Biographical and demographic information (such as date of birth, age, gender, marital status, and information regarding any parents or legal guardians)

Professional experience and employment-related information (such as professional credentials, educational and professional history, institutional and government affiliations, background checks, performance reviews, aptitude and personality assessments, and information of the type included on a resume or curriculum vitae education, work history, salary, and languages spoken)

If you are a third party with whom we have or are contemplating a contractual relationship, such as a health care professional, we collect publicly available information related to your practice, such as license information, disciplinary history, prior litigation and regulatory proceedings, and other due diligence related information  

Payment-related information (such as tax identification number or financial account information)

If you are a health care professional, we collect information about the programs and activities in which you have participated, our interactions with you, your prescribing of our products and the agreements you have executed with us

Account and technical details (such as username and password that you may select in connection with establishing an account on our website or mobile application)

Publicly available information (such as comments describing support for and experience with Emmanual Health products)

Audio and video materials, such as information we collect through closed circuit television (CCTV) at Emmanual Health office locations

Internet and other electronic network activity information, such as through automated means. For further details see the “Cookies and Other Information Collected by Automated Means” section below.

Other information you provide to us (such as your photograph, social media handle or digital or electronic signature, and other information provided to us in emails, on phone calls, through our websites or mobile applications, or in other correspondence, such as market research surveys, with Emmanual Health or its service providers or business partners)

Our Use of Personal Information

We may use personal information for the following purposes in accordance with applicable law, including:

 

Communicating with you about the products and services we offer, and responding to requests, inquiries, comments, and suggestions

Analyzing and enhancing our communications and strategies (including by identifying when emails sent to you have been received and read, as well as your interactions with us including on our websites and mobile applications)

Operating, evaluating, securing, and improving our business (including our physical office locations), our websites and mobile applications, and other products and services we offer (including to research and develop new products and services)

Tailoring the content we display and send you in our communications and on our websites and in mobile apps

Developing, personalizing, and executing sales, marketing, and customer relationship management activities, including the delivery of programs and materials

Administering and analyzing surveys and other market research

Staffing, facilitating, conducting and managing clinical trials

Tracking and responding to safety and product quality concerns (including product recalls)

Complying with regulatory monitoring and reporting obligations (including those related to adverse events, product complaints, spend transparency, and patient safety)

Analyzing use of our products

Supporting, facilitating, and arranging travel and other logistics for public health initiatives, symposia, conferences, and scientific, educational, community, and volunteer events, including those at Emmanual Health offices

Facilitating medication adherence programs

Managing access to our products, including where access is limited by law to licensed physicians

Facilitating academic and other research and studies

Defining and managing appropriate patient engagement activities, and patient support programs (including to provide co-pay and other financial assistance where available)

Identifying, interacting, and engaging with health care professionals, including thought leaders and external experts

Awarding scholarships and grants

Attributing authorship to academic and promotional materials

Complying with legal or regulatory requirements, judicial process, and our company policies (including due diligence and contracting activities)

Protecting against, identifying, investigating, and responding to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide

Facilitating and improving our recruitment activities (such as processing employment applications, evaluating a job candidate for an employment activity, analyzing trends, and monitoring recruitment statistics)

We may aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual and therefore is no longer considered personal information. We may use, disclose and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis and business planning – without restriction.

 

In some situations, we may have a separate agreement or relationship with you with respect to a specific type of processing of your data, such as if you participate in a special program, activity, event, or clinical trial.  These situations will be governed by specific terms, privacy notices, or consent forms that provide additional information about how we will use your information.  We will honor these additional terms with respect to your information and thus, strongly recommend you review the additional terms prior to participating in any programs.

 

Personal Information We Disclose

Emmanual Health discloses personal information for the purposes described in this Privacy Notice or through a specific “in-time” privacy notice provided at the time we collect the information.

 

The types of individuals or entities we disclose personal information to include:

 

Emmanual Health affiliates and subsidiaries

Service providers that perform services on our behalf, including:

Contract research organizations that conduct clinical trials on our behalf

Data storage and analytics providers

Customer service (including our medical information line) and patient support providers (including for product quality and adverse event reporting, patient co-pay assistance, medicine intake adherence programs, etc.)

Product recall service providers

Technology providers (including technology support, email and web hosting providers, marketing and advertising technology providers, such as those providing ad campaign measurement and analytics and ad fraud detection and reporting, email and text communications providers, mobile app developers)

Event planning and travel organizations that help facilitate Emmanual Health programs

Payment, shipping and fulfillment service providers

Regulators worldwide, as required by law, including in connection with monitoring, review and approval of our studies, products and services, and adverse event reporting

Partners with whom we jointly develop products or services

Health care professionals, researchers, academics, and public health organizations

Publishers

Unless prohibited by applicable law, we may disclose personal information as part of a corporate business transaction, such as a merger, acquisition, reorganization, joint venture or financing or sale of our assets, and could be sold or transferred to a third party as party of such a transaction. We may also disclose personal information to a successor entity in the event of insolvency, bankruptcy or receivership. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your personal information.

 

In addition, we may disclose your information to comply with legal and regulatory requirements, and protect against fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities.

 

Cookies and Other Information Collected by Automated Means

We, our service providers, and our business partners, may also collect certain information about the use of our websites and mobile applications by automated means, such as cookies, web beacons and other technologies (“Automated Information”). Please see our Cookie Notice for more information on cookies. We and our service providers and business partners may collect Automated Information about your online activities over time and across our own and third-party websites when you use our websites and mobile applications, including to deliver advertising-related content. In jurisdictions where Automated Information is considered personal information, or if we associate Automated Information with personal information, we will treat Automated Information as personal information in accordance with this Privacy Notice.

 

The information that we collect by automated means includes:

 

Details about the devices that are used to access our websites or mobile applications (such as the IP address and other online identifiers, and type of operating system and web browser)

Dates and times of visits to, and use of, our websites and mobile applications

Details about your interactions with emails that we may send you, including the links on which you click and your interactions with our linked sites, where permitted by law

Information about how our websites and mobile applications are used (such as the content that is viewed on our websites and how users navigate between our webpages, or the features of our mobile applications that are used and how users navigate between screens on our mobile applications)

URLs that refer visitors to our websites

Search terms used to reach our websites or locate our mobile applications

Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. The “help” menu on most internet browsers contains information on how to disable cookies, or you can visit www.aboutcookies.org/how-to-control-cookies. For more information on how to disable cookies, please see our Cookie Notice, and for more information about your choices online, please see the section titled “Online Privacy Choices” below.  If you are a resident of California, you may have additional choices as described below under “Information for California Residents.”

 

Region-Specific Information

Information for Individuals in the European Economic Area and the United Kingdom

 

This Privacy Notice is intended for U.S. residents. To view our other privacy notices, please click here.

 

Information for California Residents

 

California Consumer Rights

 

As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected under the California Consumer Privacy Act of 2018, as amended (CCPA) (subject to certain exemptions and limitations at law). The provisions below only apply to the extent your personal information is covered by the CCPA. Please note that if the exercise of these rights limits our ability to process personal information, we may not be able to provide our products or services to individuals who exercise these rights, or to otherwise engage with such individuals going forward. In addition, your rights and choices may be limited in certain cases: for example, if you ask to delete information which we are required or allowed by law to keep.

 

The Right to Know

 

You may have the right to request the following information relating to your personal information we have collected and disclosed, upon verification of your identity: 

 

The specific pieces of personal information we have collected about you; 

The categories of personal information we have collected about you; 

The categories of sources from which we collect personal information; 

The categories of personal information about you that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed for a business purpose; and

The categories of personal information we have sold or shared about you (if any) and the categories of third parties to whom the information was sold or shared; and 

The business or commercial purposes for collecting or, if applicable, selling or sharing personal information about you.

The Right to Request Deletion

 

You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.

 

The Right to Request Correction

 

You have the right to request that we correct inaccurate personal information that we maintain about you, subject to certain exceptions.

 

The Right to Opt-Out of Personal Information “Sales” or “Sharing”

 

Emmanual Health does not “sell” or “share” personal information for money, but we work with certain third-party advertising partners for targeted advertising purposes. You have the right to direct us not to “sell” or “share” personal information we have collected about you to third parties now or in the future as described below in the section titled “Sale and Sharing of Personal Information.”

 

The Right to Limit Use and Disclosure of Sensitive Personal Information

 

While some of the information that we collect may be considered sensitive personal information, we do not use and disclose sensitive personal information except as allowed by the CCPA.

 

The Right to Non-Discrimination

 

You may have the right not to receive discriminatory treatment for exercising these rights. 

 

 

 

Collection of Personal Information

 

In the last 12 months, we have collected the following categories of personal information: health and medical information, personal contact information, business contact information, biographical and demographic information, professional experience and employment-related information, payment-related information, information related to healthcare professionals’ practices and interactions with Emmanual Health, account and technical details, publicly available information, audio and video materials, Internet and other electronic network activity information, and other information provided to Emmanual Health. For further details, see the “Types of Personal Information We Collect” section above. We collect this information from the categories of sources as described in the “How We Collect Personal Information” section above. We collect this information for the purposes as described in the “Our Use of Personal Information” and the “Cookies and Other Information Collected by Automated Means” section above.

 

Use and Disclosure of Personal Information

 

As described in the “Personal Information We Disclose” section above, we disclose, and have disclosed in the last 12 months, the categories of personal information above within Emmanual Health and with a variety of third parties for businesses purposes. Please review the “Personal Information We Disclose” section for more information.  

 

Sale and Sharing of Personal Information

 

Emmanual Health does not “sell” or “share” personal information for money.  However, we do allow certain third-party advertising partners to collect information about consumers through our services for purposes of serving ads that are more relevant. If you are a California resident, you may exercise opt-out rights by interacting with our cookie banner or by clicking the “Cookie Settings” link  on the bottom of our home page.  Please visit the “Cookies and Other Information Collected by Automated Means” section above for additional information.

 

Emmanual Health also supports the Global Privacy Control, which is a browser-based setting that communicates your preferences to opt out of the sale or sharing of personal information for to online services that you visit. Please visit the Global Privacy Control website to learn more about the setting and how to enable it. 

 

The Global Privacy Control and many of the other choices you have that are described in this Privacy Notice will apply only to the specific browser you use when you opt-out. You will need to opt-out separately on all your browsers. In addition, if you delete cookies, change browsers, or use a different device, you may need to opt out again. Please check your device settings and mobile app permissions for additional information on how to opt out.

 

To Exercise Your California Consumer Rights 

 

To exercise your California Consumer Rights described above, please submit a request by: 

 

Emailing privacy@vrtx.com with the subject line “California Rights Request,” or

Calling our toll-free number: 1-877- 586- 9244.

When submitting a request, please describe your relationship with us and your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account (if applicable). We will only use personal information provided in connection with a Consumer Rights Request to review and comply with the request. 

 

You may be entitled, in accordance with applicable law, to submit a request through an authorized agent. To designate an authorized agent to exercise your rights and choices on your behalf, please provide evidence that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf.

 

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.    

 

Requests for Minor Children 

 

If you wish to submit a verifiable consumer request on behalf of your minor child, you must:

 

Provide sufficient information to allow us to reasonably verify your child is the person about whom we collected personal information and you are authorized to submit the request on your child’s behalf (i.e., that you are the child’s legal guardian or authorized representative).

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Minors Under Age 16

 

We do not “sell” or “share” the personal information of consumers we know to be less than 16 years of age. 

 

California’s “Shine the Light” Law

 

At the time of this writing, we do not provide your personal information to third parties for their direct marketing purposes, as described in California’s "Shine the Light" law (Civil Code Section §1798.83).  To opt-out of having your personal information disclosed to third parties for their direct marketing purposes in the future, please email us at privacy@vrtx.com with the subject line “California Shine the Light Request” to be added to our suppression list.

 

Information for Nevada Residents

 

Under Nevada law, Nevada residents may opt-out of the “sale” of their personal information, where the information is exchanged for monetary consideration.  We do not engage in such activity; however, if you are a Nevada resident, you may submit a request to opt-out of potential future sales under Nevada law by emailing us a privacy@vrtx.com.  Please note we will take reasonable steps to verify your identity and the authenticity of the request.  Once verified, we will maintain your request in the event our practices change.

 

Online Privacy Choices

Advertising networks

 

We support the self-regulatory principles of the Digital Advertising Alliance (“DAA”). We work with advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use different technologies to collect Automated Information in order to understand how our websites and mobile apps are being used, analyze where users go after they leave our websites and mobile apps in order to deliver relevant advertising. These advertisements may appear on other websites or services.

 

These Ad Partners may recognize a particular individual across third party websites over time and link various devices used by the same individual. For more information about how Ad Partners use the information collected by these technologies and about your options not to accept cookies placed by some of these companies on our websites and mobile apps, please visit the DAA’s opt-out page. If you are accessing the websites or mobile apps from the European Union, please visit the EDAA’s opt-out page and if you are accessing the Sites from Canada, please visit the DAAC’s opt-out page.

 

The opt-outs described above are device- and browser-specific and may not work on all devices. If you choose to opt out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will be based on the website you are visiting and not your interests.

 

For more information about the personal information we collect automatically, see the 

 “Cookies and Other Information Collected by Automated Means” section above.

 

Some mobile and web browsers transmit "do-not-track" signals. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do take action in response to these signals, and we do support the Global Privacy Control for certain jurisdictions, including California.

 

Marketing emails

 

Where legally permissible, we may send you information about Emmanual Health products and services via email. You may unsubscribe from receiving marketing or other commercial emails from Emmanual Health by following the instructions included in the email. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as important product safety information, or changes in website on mobile application terms).

 

Privacy preferences and rights

 

If you would like to request to review, correct, or update personal data that you have provided to us, you may contact us as indicated in the Contact Us section. We will respond to your request consistent with applicable law. Please note that we may need to retain certain personal data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.

 

Please note that if the exercise of these rights limits our ability to process personal information, we may not be able to provide our products or services to individuals who exercise these rights, or to otherwise engage with such individuals going forward. For information about the rights and choices users have with respect to cookies and online tracking, please see the “Cookies and Other Information Collected by Automated Means” section of this Privacy Notice.

 

Health Care Professionals

 

Access to the health care professionals’ section of some of our websites is password-protected using a third party user authentication technology provider (“authentication service”). If you are a health care professional and you wish to access the healthcare professionals’ section of such websites, you must register with the authentication service first. You will then be able to use your authenticated username and password to access the health care professionals’ section of the website.

 

This registration procedure takes place on the third party authentication service’s website and, if you are a resident of the European Union, that party is the “data controller” of that data. When you register or use the authentication service to access one of our websites, the authentication service will automatically pass your encrypted registration data to Emmanual Health or Emmanual Health service providers’ or business partners’ servers. However, Emmanual Health or Emmanual Health service providers or business partners will not receive your personal information as part of providing access to the health care professionals’ section.

 

Minors

We do not knowingly collect personal information from children under age 13 in the United States through our websites or mobile applications. If we learn that we have collected personal information directly from a child under the age of 13 through our websites or mobile applications, we will delete that information.

 

How we Protect Personal Information

Emmanual Health maintains reasonable administrative, technical and physical safeguards designed to protect the personal information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, we cannot guarantee that the measures we maintain will ensure the security of the personal information. 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.

 

Retention of Personal Information

We will retain your information only for as long as necessary to fulfill the purpose(s) for which the information was collected, depending on the purpose(s) for which the information was collected, the nature of the information, any contractual relationship that may govern the retention of the data, and our legal or regulatory obligations. We will then destroy your information or de-identify the information, in accordance with applicable law.

 

Links to Websites and Third-Party Content

For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by Emmanual Health. The websites and third-party content to which we link are not covered by this Privacy Notice and may have separate privacy notices or policies. Emmanual Health is not responsible for the privacy practices of any entity that it does not own or control.

 

Updates to our Privacy Notice

Emmanual Health reserves the right to change this Privacy Notice at any time. When we update this Privacy Notice, we will notify you of changes that are deemed material under applicable legal requirements by updating the date of this Privacy Notice and providing other notification as required by applicable law. We may also notify you of changes to the Privacy Notice in other ways, such as via email or other contact information you have provided.

 

How to Contact us

You may contact us with questions, comments, or complaints about this Privacy Notice or our privacy practices, or to exercise your rights regarding your information. When raising a request or complaint, please provide sufficient details (including your relationship with us) and any relevant documentation. The contact information for our global Privacy Office and global data protection officer is:

 

Emmanual Health Education, LLC

Attn: Legal Department – Privacy Office

Address goes here