1. General
This privacy policy describes how Exeltis USA Inc., as part of Exeltis Pharmaceuticals Holding, S.L. and all its subsidiaries located in United States, European Union or third countries (hereinafter, jointly referred to as “Exeltis”) manage and process the information collected from you (the “User”) when navigating through the website www.bluesaway.com (hereinafter, the “Website”), owned by Insud Pharma, S.L. Please carefully read this privacy policy (hereinafter, the “Privacy Policy”) as it contains important information concerning the personal data of Users and how we use it.
Exeltis is part of Insud Pharma group (hereinafter, “Insud Pharma Group”). Please find additional information about Insud Pharma Group and Exeltis’ subsidiaries here.
Exeltis dedicates all its efforts to respect the privacy and security of the Users and undertakes to use personal data in accordance with the General Data Protection Regulation (“GDPR“) and national data protection law.
The identification of the data controller and the data protection officer are the following:
Corporate name: Exeltis USA Inc.
Registered office: 180 Park Avenue, Suite 101 Florham Park NJ 07932, United States.
Tax Identification Number: 22-1942453
Telephone: +1 973-324-0200
Email: dataprotection@insudpharma.com
2. Categories of Personal Data and Purposes of the Processing
Users may use some functionalities of the Website without having to provide Exeltis USA any personal data. However, for certain functions, Users shall provide personal data to register for certain services, receive newsletters or other information of interest. In addition to the information, you provide directly through the Website, we also collect certain information during your use.
Personal data collected through the Website will be duly incorporated in databases under the responsibility of Exeltis which will be registered in Exeltis record of processing activities.
We also inform the Users that fields requested in forms marked with an asterisk are mandatory. In this sense, if the requested information is not provided, we will not be able to carry out the service.
Below, we have specified the categories of personal data we collect, the purposes for which we use such data and how long we will keep the personal data:
A. User Communications
This category includes any personal data provided by the User during their communications with Exeltis for the purpose of solving any incident or claim. In this sense, if the User has made any request or suggestion through our contact means (chat, webform, phone) we will process the personal data to answer it.
The legal basis for the processing of these personal data is consent when the Users provide their data through the contact forms.
B. Contact with nurse professionals.
The Website enables Users to contact our nurses in order to provide you further information, solve any doubts or any questions regarding the use of Blues Away. To do so, Users may contact through the contact channels enabled on the Website for this purpose.
Nurses team is duly qualified and provide these services in accordance with the requirements of the applicable regulations. In no case shall the information provided by nurses as a medical diagnosis or recommendations for making medical decisions about User’s health. For an individual diagnosis and advice, Users shall contact their personal healthcare professional.
The information collected on the occasion of the consultations will be kept confidential for the time strictly necessary to fulfil the purpose described. Once your consultation has been duly attended to, your data will be deleted.
The legal basis for the processing of this personal data is the consent of the Users when they provide their data through the contact channels provided.
C. Pharmacovigilance
The information provided by the User spontaneously or through contact channels for the processing and reporting of any adverse effect or reaction will be processed by Exeltis and Insud Pharma Group in order to comply with pharmacovigilance legal requirements, follow-up possible adverse reactions and solve any query that may be raised by Users.
If necessary, your data may be shared, prior anonymized, with the competent health authorities, companies which hold a marketing authorization of the product or other entities of the Insud Pharma Group.
The legal basis for the processing of this personal data is the consent given by Users when providing their personal data spontaneously or submitting the forms provided for these purposes, as well as for compliance with legal obligations regarding drug safety and pharmacovigilance.
D. Register and Create a Healthcare Professional Account
Certain functionalities of the Website are only available for healthcare professionals (“HCP”). Therefore, before accessing to such sections and to the information included therein, Users will be asked to register and identify as HCP at the Website.
Users must register and create and account by providing the contact details required in the specific register form which may include, amongst others, its name, email address or the HCP ID. This register is necessary to access to the specific services, for example, certain information about BluesAway products and purchasing services.
Exeltis will keep Users’ account details for as long as it is actively used and, in any case, as long as Users do not withdraw their consent.
The legal basis for the processing of this personal data is the consent that Users give us when providing their personal data for registration and account creation.
E. Management of Online Orders
The Website enables Users, on its condition as HCP, to purchase and order products offered by Exeltis. Exeltis may require Users to provide further personal details to verify its condition of HCP before accepting a purchase.
Regardless of the content of this Privacy Policy, Users shall be bound by the specific purchase terms and conditions of the Website, which shall form part of the contract between Exeltis and Users.
When purchasing some of the products from the Website, Exeltis may collect personal data from Users which may include, amongst others, account information, contact information (i.e. name, postal address, telephone), payment information (billing address) and transaction information, such as data about purchases of Exeltis products.
This information will be processed by Exeltis for the sole purpose of managing the relationship with its clients and processing the orders and transactions. The legal basis for such processing is the execution of the contract terms and conditions with Users, and the fulfilment of the legal obligations that may arise from the relationship.
F. Sending newsletters or commercial communications.
In the event Users subscribe to any of the functionalities, notification or messaging communications through the Website, we will use the e-mail address provided to offer said service. Likewise, if Users have subscribed to any functionality, or requested information about any product, we will also have the possibility of communicating with Users to inform them about other similar products.
If the User no longer wishes to receive e-mails, he or she may unsubscribe at any time by using the opt-out feature enabled in each e-mail message or by contacting us at dataprotection@insudpharma.com.
The legal basis for this processing is the express consent shown when voluntarily subscribing to these communication messages or submitting the specific form available to this purpose. We will delete the email address once Users have opted out, unless it is also used for any other purposes listed in this Privacy Policy.
G. Information About the Use of our Website
Exeltis collects information automatically obtained by the Website related to the identification of the User’s computer equipment, use and navigation habits.
Said information includes data regarding language, pages or sections of the Website, keywords, date, time, amount of time the User expends in certain types of webpages, which section of the page he has visited, and similar information related to the use of the Website. Exeltis may collect this information using cookies. To obtain additional information please visit our Cookies Policy.
We use this personal data based on our legitimate interest in order to improve our products and services. We will keep the personal data collected by these means for the expiration periods detailed in our Cookies Policy.
Exeltis may combine your personal data with other information provided by the User or collected from the Website as above mentioned. In those cases, all combined information will be processed as personal data during the period the information remains combined.
H. Website Maintenance and Optimization
Users’ personal data will also be used for the maintenance and analysis of our Website, solve any problem, improve availability and protect the Website against fraud or non-compliance with our terms and conditions. Analytics also allow us to check whether the online services we offer work effectively in order to improve them whenever possible.
The use of User’s personal data for these purposes is necessary based on our legitimate interest and will be retained for the expiration periods detailed in our Cookies Policy.
I. Comply With Our Legal Obligation
We may need to process your personal data to comply with legal obligations binding or accepted by us. Likewise, we may need to provide information to and as required by local law enforcement agencies, other government authorities, or otherwise required by law or to protect the rights and safety of our property, company, employees and customers.
3. How We Share Personal Data
Sometimes it is necessary to share your personal data with other Exeltis subsidiaries, companies of the Insud Pharma Group or third parties in order to guarantee the correct provision of the services. We may share such information with the following:
Insud Pharma Group companies due to the use of shared computer systems, which may be located in the European Economic Area (EEA) or in third countries.
Service providers, such as the nurse professionals engaged with the aim of solving specific medical queries submitted by the Website, considered data processors, to the extent necessary for the provision of a service. In the event of online orders, personal data may be shared with delivery providers to be possible to manage Users’ transactions.
Such entities may be located in United States, in the European Union or third countries. We guarantee an adequate level of protection of the transferred data to third countries. To this purpose, we require service providers to take appropriate measures to protect the confidentiality and security of personal data.
For example, for services provided by providers outside the European Economic Area, we use standard contractual clauses approved by the European Commission.
Exeltis may disclose User’s personal data to any public administration, when required by law and compelled to do so by such authorities. All data communications will always be carried out in compliance with the GDPR and the national data protection law.
4. Security
Exeltis cares to ensure the security and confidentiality of the Users personal data. Therefore, we have taken several security measures and technical means to prevent the loss, misuse, or access to the personal data without the User permission in accordance with GDPR and the national data protection law.
Nevertheless, it is also the User responsibility to control his or her personal information, therefore Exeltis asks and encourages all Users to be careful sharing information and content. Exeltis shall not control the content and information the User chooses to share with other Users and, therefore, Exeltis is not responsible for the consequences of the Users own actions.
Exeltis pledges (i) to act rapidly and in a responsible manner in the event the Users personal data security is deemed at risk, and (ii) to report it if relevant with the greatest diligence.
In case of a personal data breach, Exeltis undertakes to notify the relevant data protection authority without undue delay after becoming aware of such breach. Likewise, when the personal data breach is likely to result in a high risk to the rights and freedoms of Users, Exeltis will communicate the personal data breach and the measures taken to mitigate the risks and adverse effects to Users.
5. Cookies
Much of the information referred to in this Privacy Policy is collected through the use of cookies. Cookies are small text files containing small amounts of information that are downloaded and can be stored on your user device, for example, your computer, smartphone or tablet.
These cookies are sometimes necessary to remember your account settings, language and country, but they also allow us to track and analyse Users behaviour on our Website, and to display personalised advertisements on our Website or on third party websites. Where necessary, you will be asked to consent to the use of cookies. To obtain additional information on how cookies are used on the Website and its deactivation please visit the Cookies Policy.
6. Minors
The Website is not intended to be used by persons under the legal age. Under no circumstances Exeltis will voluntarily collect personal data from persons under the legal age.
7. Users Rights Concerning Data Protection
At any time, Users may exercise before Exeltis their data protection rights, in particular the right of access, rectification, restriction of processing, erasure, objection and portability pursuant to the applicable legislation. This means Users can ask what personal data we have about them, update, or they can request that Exeltis stops using data for a specific purpose, or simply require Exeltis SA to delete all personal data from our files and databases among other.
In the event the User decides to object to the processing of the personal data, Exeltis USA will no longer process personal data in connection to such User. Personal data may still be processed for the purposes established in data protection legislation or bring defence against legal claims.
After the User exercises any of the abovementioned rights, and during Exeltis verification period, all personal data will be kept blocked. The blocking procedure will prevent Exeltis from processing or erasing such personal data.
For the exercise of any of the abovementioned rights, the User shall contact Exeltis by email, addressing the request to dataprotection@insudpharma.com, indicating as reference: “EXERCISE OF RIGHTS” and identifying at the right to be exercised. In addition, Users may also lodge a claim before the relevant data protection authority if they consider that we have not processed their personal data in accordance with the regulations.
8. Privacy Policy Updates
Exeltis reserves the right, at our sole discretion, to modify or replace this Privacy Policy. Your continued use of the Website after any such changes constitutes your acceptance of the new Privacy Policy.
Please review this agreement every so often in order to acknowledge any possible modifications. If you do not accept this document, partially or as a whole, or any subsequent modification, please refrain from the use, access or continue to access the Website or discontinue any use of the Website immediately.
9. Contact
If you have any further questions about the use of your personal data or about our Privacy Policy, you can contact Insud Pharma Group’s Data Protection Officer by email through dataprotection@insudpharma.com.