Last Updated: July 18, 2019

Welcome! Thank you for visiting Avanir Pharmaceuticals, Inc. (“Avanir”, “we,” or “us”). This Privacy Policy explains how Avanir collects, uses, and discloses information about you (“Personal Information”) when you access or use our websites, mobile application(s), and other online products and services (collectively, the “Services”), contact our customer service team, engage with us on social media, or otherwise interact with us.

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.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services, or otherwise interact with us, to stay informed about our information practices and the choices available to you.

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

We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, apply for a job, communicate with us via third-party social media sites, request customer support or otherwise communicate with us. The types of information we may collect include your name, date of birth, email address, postal address, phone number, social media handles, online identifiers, photo/video, biographical information, gender, employment information, health information, security preferences, and any other information you choose to provide. We also collect your information if you post, display, and/or publish user content on our sites or Services through the use of cookies, web beacons, other technologies. Additionally, when you enter any password-protected area of our Services, our Services will recognize you and collect information that you submit through the use of authentication tokens tied to user accounts created on or through an integrated third-party user database.

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:

  1. 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.

  2. Device Information

    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.

  3. Location Information

    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).

  4. Information Collected by Cookies, Web Beacons, and Similar Tracking Technologies

    We use different technologies to collect information, including cookies, web beacons, and plug-ins. Cookies are small data files stored on your hard drive or in device memory that help us improve and keep secure our Services and your experience. Through the use of cookies, we may automatically collect information about your online activity through our Services, such as the web pages you visit, the links you click, and the searches you conduct on our site. Our Services use two types of cookies: (1) “session” cookies which are deleted from your computer when you leave the website and are used purely to help you navigate around the website; and (2) “persistent” cookies which remain on your computer so that the Service can recognize you when you return. Plug-ins are pieces of software that users download to allow certain web-based software to operate. In order to use our Services, you may be required to install certain plug-ins. For more information about cookies and how to disable them, see Your Choices below.

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:

  1. Send you technical notices, updates, security alerts, and support and administrative messages and to respond to your comments, questions, and customer service requests;

  2. Analyze the success of our Services;

  3. Better understand the needs and interest of our customers;

  4. Manage the website’s interactive functionality;

  5. 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);

  6. Monitor and analyze trends, usage, and activities in connection with our Services;

  7. Comply with Avanir’s legal and regulatory obligations;

  8. 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;

  9. Personalize and improve the Services; and

  10. Carry out any other purpose described to you at the time the information was collected.

III. Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Policy:

  1. With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf;

  2. 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;

  3. 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;

  4. 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;

  5. Between and among Avanir and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and

  6. With your consent or at your direction.

Avanir requires its vendors, consultants, and service providers that have access to your information to maintain the confidentiality of your information and to comply with the safeguards provided in this Privacy Policy. We also provide our vendors, consultants, and service providers with our opt-out lists so that communications sent on Avanir’s behalf are not sent to participants who previously opted out.

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.

V. Links

The site may contain links to third-party websites. Please recognize that we do not control these third-party websites and this Privacy Policy will not apply to those websites. You should consult each applicable privacy policy before using another linked website. Avanir is not responsible for the privacy practices or the content included on third-party websites.

VI. Advertising and Analytics Services Provided by Others

We may allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the Services, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by Avanir and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices or http://www.youronlinechoices.eu/ if you are located in the EU. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

Our Cookie Policy sets out details of the individual cookies we use and the purposes for which we use them. The Cookie Policy can be accessed here: https://www.avanir.com/cookies

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 privacy@avanir.com, 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

Our Services use “cookies” web beacons, and other technologies that may be sent to your computer and/or mobile device which contain information allowing us to recognize when you are viewing or using the Services and to keep track of your preferences as outlined in our Cookie Policy.

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 privacy@avanir.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:

  1. 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).

  2. 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.

  3. 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 privacy@avanir.com.

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

This Privacy Policy and all claims and disputes arising out of or relating to this Privacy Policy or its subject matter shall be governed by and construed in accordance with the laws of the state of California, without regard to choice of law or conflicts of law principles.

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.

To the extent the parties are permitted under this Privacy Policy to initiate litigation in court, any litigation against Avanir may be commenced only in the federal or state courts located in California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

XIII. Contact Us

If you have any questions about this Privacy Policy, you can write to Avanir at 30 Enterprise, Suite 400 Aliso Viejo, CA 92656. In addition, if you no longer wish to receive communications from us, you may opt out at any time by following the instructions in those emails. Please only include information specific to your request, and do not submit information relating to your medical history, mental or physical condition, medical treatment, or other health or Personal Information.

MLR-AVN-US-0192-0619

Tap for Safety Information

ONZETRA® Xsail® is a prescription medication approved for the acute treatment of migraine, with or without aura in adults. ONZETRA Xsail is used for people who have been told by a healthcare provider that they have migraine headaches. ONZETRA Xsail is not for the prevention of migraines or for other types of headaches, including cluster headache.

Important Safety Information

What important information should I know about ONZETRA Xsail?
ONZETRA Xsail may cause serious side effects, including:

ONZETRA® Xsail® is a prescription medication approved for the acute treatment of migraine, with or without aura in adults. ONZETRA Xsail is used for people who have been told by a healthcare provider that they have migraine headaches. ONZETRA Xsail is not for the prevention of migraines or for other types of headaches, including cluster headache.

Important Safety Information

What important information should I know about ONZETRA Xsail?

ONZETRA Xsail may cause serious side effects, including:

  • Heart attack and other heart problems, which may lead to death. Stop using ONZETRA Xsail and get emergency medical help right away if you have any symptoms of a heart attack like shortness of breath or tightness, pain, pressure, or heaviness in your chest, throat, neck, or jaw that is severe or does not go away
  • Changes in color or sensation in your fingers and toes (Raynaud’s syndrome)
  • Stomach and intestinal problems (gastrointestinal and colonic ischemic events)
  • Problems with blood circulation to your legs and feet (peripheral vascular ischemia)
  • Serious allergic reactions (symptoms include hives; tongue, mouth, lip, or throat swelling; problems breathing)
  • Medication overuse headaches. Some people who use ONZETRA Xsail too many times may have worse headaches. If your headaches get worse your doctor may decide to stop your treatment with ONZETRA Xsail
  • Serotonin syndrome, a rare but serious problem that can happen in people using ONZETRA Xsail, especially if ONZETRA Xsail is used with antidepressant medicines called SSRIs, SNRIs, or TCAs. Call your doctor right away if you have any of the following symptoms of serotonin syndrome: mental changes such as seeing things that are not there (hallucinations), agitation, or coma; fast heartbeat; changes in blood pressure; high body temperature; tight muscles; trouble walking; or nausea, vomiting, or diarrhea
  • Seizures. Seizures have happened in people taking sumatriptan who have never had seizures before

The most common side effects of ONZETRA Xsail are abnormal taste, discomfort of your nose or throat, runny nose, and stuffy nose. This is not a complete list of side effects. Tell your doctor about any side effect that bothers you or does not go away.

Who should not take ONZETRA Xsail?
Do not take ONZETRA Xsail or stop using ONZETRA Xsail if you:

  • Have heart problems or a history of heart problems
  • Have had a stroke, transient ischemic attacks (TIAs), or problems with your blood circulation
  • Have uncontrolled high blood pressure
  • Have hemiplegic migraines or basilar migraines. If you are not sure if you have these, ask your doctor
  • Have peripheral vascular disease (narrowing of blood vessels to the legs, arms, stomach, intestines, or kidneys)
  • Have taken other migraine medications in the last 24 hours, including other triptans, ergots, or ergot-type medications. Ask your doctor for a list of these medicines if you are not sure
  • Are taking a medicine called a monoamine oxidase inhibitor (MAOI). MAOIs cannot be taken within 14 days before or after taking ONZETRA Xsail
  • Have severe liver problems
  • Have an allergy to sumatriptan, the medicine in ONZETRA Xsail, or any of the components in ONZETRA Xsail

What should I tell my healthcare provider before taking ONZETRA Xsail?
Before you take ONZETRA Xsail, tell your doctor about all your medical conditions and all the medicines you take, including prescription medicines, especially antidepressants, and all over-the-counter medicines, vitamins, and herbal supplements.

What should I avoid while taking ONZETRA Xsail?
ONZETRA Xsail can cause dizziness, weakness, or drowsiness. If you have these symptoms, do not drive a car, use machinery, or do anything where you need to be alert.

You are encouraged to report negative side effects of prescription drugs to the FDA. Visit www.fda.gov/medwatch or call 800-FDA-1088.

For additional Important Safety Information about ONZETRA Xsail, please see the full Prescribing Information, including Patient Information and Instructions for Use.