Last Updated: July 18, 2019
Certain subsets of Personal Information, such as information about health or medical status (pursuant to all applicable laws) and location data, are characterized as sensitive (collectively, “Sensitive Personal Information”) and may be subject to stricter regulation and consent requirements than other information. Before providing it to us, we urge you to carefully consider whether to disclose your Sensitive Personal Information.
Avanir reserves the right to access and disclose Personal Information to comply with laws and lawful government requests, to operate its systems properly, or to protect itself or others.
I. Collection of Information
A. Information You Provide Us
You must be at least 18 years of age to use our sites or Services. Avanir does not knowingly collect or maintain any Personal Information from children under the age of 13 and no part of our Services are designed with the purpose of attracting such children.
B. Information About Your Use of the Service
We collect information about your use of the Services, such as the search terms you enter, your location, and the identity of your devices.
C. Automatically Collected Information
When you access or use our Services, or transact business with us, we automatically collect information about you, including:
Log and Usage Information
We collect log information about your use of the Services, including the type of browser and operating system you use, the domain and host from which you access the internet, access times, pages viewed, web browsing history, your IP address, and the page you visited before navigating to our Services.
We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and tokens, unique identifier headers, mobile network information, and other information that identifies you as the user of the device or the person providing information to us.
In accordance with your device permissions, we may collect information about the precise location of your device. You have the ability to stop the collection of precise location information at any time (see Your Choices below for details).
Information Collected by Cookies, Web Beacons, and Similar Tracking Technologies
D. Information We Collect from Other Sources
We may obtain information from other sources and combine that with information we collect directly from you. For example, we may collect information about you from third parties, including but not limited to, Google Analytics, social media plug-ins, identity verification services, mailing list providers, and publicly-available sources. Additionally, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site.
II. Uses of Information
We use the information we collect to deliver information about and the products and services you request and customize your experience with us, to administer your account, and to target advertisements based on users’ interests and to understand how users interact with ads. We may also use the information we collect to:
Send you technical notices, updates, security alerts, and support and administrative messages and to respond to your comments, questions, and customer service requests;
Analyze the success of our Services;
Better understand the needs and interest of our customers;
Manage the website’s interactive functionality;
Communicate with you about products, services, and offers provided by Avanir and others, and offer news and information we think will be of interest to you (see Your Choices below for information about how to opt out of these communications at any time);
Monitor and analyze trends, usage, and activities in connection with our Services;
Comply with Avanir’s legal and regulatory obligations;
Detect, investigate, and prevent breaches of the Terms and Conditions, fraudulent transactions and other illegal activities, and protect the rights and property of Avanir and others;
Personalize and improve the Services; and
Carry out any other purpose described to you at the time the information was collected.
III. Sharing of Information
With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of Avanir or others;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
Between and among Avanir and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
With your consent or at your direction.
Avanir will not sell, rent, or market your information collected on the Services to non-affiliated third parties for their marketing purposes, unless we have received your consent. However, Avanir may disclose aggregated statistics about visitors using its Services, along with anonymous information collected from other sources. We may also share aggregated or de-identified information with third parties (such as advisors, promotional sponsors, and investors), which cannot reasonably be used to identify you, for various business purposes, including conducting general business analysis and developing website content and services.
Comments, emails, suggestions, or other communications sent by you to us are deemed to be non-confidential (except with regard to personally identifying information included therein), and we are free to use or distribute them in any way without compensation to the author, sender, or any other party, pursuant to the terms provided for “User Content” and “Feedback” under our Terms and Conditions.
IV. Social Sharing Features
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
VI. Advertising and Analytics Services Provided by Others
VII. Transfer of Information to US and Other Countries
Avanir processes and stores information in the United States. Our Services are intended for users in the United States and its territories, but if you use the Services from any other country, communications will necessarily result in the transfer of information across international boundaries. Therefore, we and our service providers may transfer your Personal Information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We have taken steps, such as implementing European Commission-provided standard contractual clauses, to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which it is processed.
VIII. Your Choices
A. Account Information
You may access, amend, update, or correct your information at any time by logging into your account. In some circumstances, you may have the right to object to Avanir’s use of your information for particular purposes or to ask that your information be corrected, erased, or transferred. If you would like to exercise any of these rights, you may contact us at firstname.lastname@example.org, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain, when permissible by law, cached or archived copies of information about you as required by our records retention practices.
B. Location Information
When you first launch any of our Services that collect location information, you will be asked to consent to the application’s collection of this information. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our Services, or certain features thereof, may no longer function properly. You may also stop our collection of location information by following the standard uninstall process to remove our mobile applications from your device.
C. Cookies and Other Tracking Technologies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
D. LOG FILES & DEVICE INFORMATION
The Website automatically collects information pertaining to your access of the Website. Such information may include your Internet Protocol (“IP”) address as well as other connection and usage data or information. We also collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information). A unique device identifier is a string of characters incorporated into a device by its manufacturer and can be used to uniquely identify that device. Different device identifiers vary in how permanent they are, whether they can be reset by users, and how they can be accessed. A given device may have several different unique device identifiers. Unique device identifiers can be used for various purposes, including security and fraud detection, syncing services, remembering a user’s preference, and providing relevant advertising.
E. Promotional Communications
You may opt out of receiving promotional emails from Avanir by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account, product safety alerts, or our ongoing business relations.
IX. California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. We do not disclose your Personal Information to third parties for the third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at email@example.com.
X. Individuals in the European Economic Area (EEA)
Our Services are intended only for users in the United States and its territories and possessions. If you choose to use the Services from any other country, the various communications will necessarily result in the transfer of information across international boundaries to the United States. Please note, we have taken steps, such as implementing European Commission-provided standard contractual clauses, to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which it is processed. If you are in the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your Personal Information.
A. Legal Basis for Processing
If you are in the EEA, when we process your Personal Information we will only do so in the following situations:
We need to use your Personal Information to perform our responsibilities under our contract with you (e.g., processing payments for and providing the products or services you have requested).
We have a legitimate interest in processing your Personal Information. For example, we may process your Personal Information to communicate with you about changes to our products and Services, and to provide, secure, and improve our products and Services.
We have your consent to do so. When consent is the legal basis for our processing, you may withdraw such consent at any time.
B. Data Subject Requests
You have the right to access Personal Information we hold about you and to ask that your information be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you may contact us at firstname.lastname@example.org.
Questions or Complaints
If you have a concern about our processing of Personal Information that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local data protection authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.html.
XI. Data Security
Any Personal Information you provide to the Website is protected from unauthorized disclosure by commercially reasonable technological measures. While Avanir strives to protect your Personal Information by encryption and other means, Avanir cannot guarantee or warrant the security of the information you transmit to us, and if you choose to use the Website, Services, and/or Content, you do so at your own risk. There may be additional security risks if you provide your Personal Information over a public or third-party network. Please keep in mind that the information disclosed by you on the Website—for example, information you may provide to others in responding to blog posts, articles, and the like that may be available on the Website—may be collected and used by visitors to the Website.
WHILE AVANIR TAKES COMMERCIALLY REASONABLE PRECAUTIONS TO SAFEGUARD YOUR PERSONAL INFORMATION, AVANIR DOES NOT GUARANTEE COMPLETE SECURITY.
Personal Information will be saved for the period of time needed to fulfill legitimate and lawful business purposes in accordance with our record-retention policies and applicable laws and regulations.
XII. Dispute Resolution
You hereby agree that any and all disputes arising out of or in connection with using the Services, and all matters relating to your access to or use of the Website, shall be resolved by arbitration pursuant to this provision and the code of procedures of either the judicial Arbitration and Mediation Services, Inc. (“JAMS”) or the American Arbitration Association (“AAA”), as selected by Avanir. The arbitration shall be held in California.
XIII. Contact Us