Zogenix Inc. (Zogenix) respects your privacy and recognizes your need for appropriate protection and management of personally identifiable information you share with us (the phrases "personally identifiable information" means any information by which you can be identified, such as your name, address, telephone number, etc.). The purpose of this privacy statement is to inform you what personally identifiable information we may collect from you when you visit our Site, and how we use such information, and the choices you have regarding our use of, and your ability to review and correct, the information. As we may revise our privacy policies from time to time, you should therefore periodically visit this page to review the then current Privacy Statement.
In general, you can visit many of our Web pages without telling us who you are or revealing any personally identifiable information. We may track the Internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.
There may be times at which we ask you to provide certain information about yourself, such as your name, address, telephone number, e-mail address, etc. Whether or not to provide such information is completely your own choice; Zogenix collects only the personal information that you provide to us. But if you choose not to provide the information we request, you may be unable to access certain services, offers, and content on our Site.
We use the information we automatically receive from your Web browser to see which pages you visit within our Site. We can then develop statistics that are helpful to understanding how this Site is used by our visitors. This statistical data is interpreted by Zogenix in its continuing effort to present the Site content that visitors are seeking in a format they find most helpful.
When Zogenix receives personally identifiable information, we may use it for reasonable business purposes, such as contacting you, via e-mail or regular mail, to provide you with information we believe may be of interest. If you e-mail us, you are voluntarily releasing information to us. Your e-mail address will be used by Zogenix to respond to you.
Zogenix will not sell, share, or otherwise distribute your personally identifiable information to third parties except as provided herein. However, personally identifiable information may occasionally be transferred to third parties who act for or on behalf of Zogenix, or in connection with the business of Zogenix, for further processing in accordance with the purposes for which the data was originally collected. Your identity and the information you provide may be shared with your doctor. It will only be shared with your doctor if you have indicated to us that you would like to receive the quarterly e-mail newsletter and/or that you would like to receive future e-mail communications about Zogenix products, programs, and services. Where disclosure of personally identifiable information to a third party is likely or necessary, further explanation may be provided, where appropriate, at such collection points as to the intended use of the data. We require that such third parties protect the information and, where appropriate, we will contractually require them to process data transferred only for the purposes expressly authorized by Zogenix.
Because of the nature of the Internet, we may transmit the information to another country, but within Zogenix, for purposes other than direct marketing, such as for storage, or because of where our servers are located. We may also use it to investigate security breaches or cooperate with authorities pursuant to a legal matter. We may also remove all the personally identifiable information and use the rest for historical, statistical, or scientific purposes. This Site contains links to other sites. Be aware that Zogenix is not responsible for the privacy practices of non-Zogenix sites. We encourage you to review the privacy statements of any Web sites that you visit through a link on this Site.
In order to respect the privacy of children online, we do not knowingly collect, maintain, or process personal information submitted by children under the age of 13. If you have a child under the age of 13 who you believe may have provided information to us, please e-mail us at firstname.lastname@example.org and we shall expeditiously delete it.
Zogenix, Inc. is a trans-national business headquartered in the United States. Our management structure and business processes cross borders. Some of our technological systems and databases are shared between our US, European and other international offices. This means that our customer and employee data is transferred across borders.
Zogenix, Inc. and each of its subsidiaries that may from time to time handle personal information collected from individuals located within European Union member countries which complies with the EU-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, onward transfer and retention of personal information from European Union member countries and Switzerland. Zogenix, Inc. has certified that it adheres to the EU-US Privacy Shield Principles of:
- Accountability for onward transfer
- Data integrity and purposes limitation
- Recourse, enforcement and liability
Zogenix, Inc. is under the jurisdiction as well as the investigatory and enforcement powers of the US Federal Trade Commission for the purposes of the EU-US Privacy Shield Framework.
This Policy applies to all information collected by Zogenix, Inc. from which an individual can be identified (“Personal Information”). The Personal Information we collect includes the Employee Information described below as well as certain information including names, email addresses, mailing and billing addresses and telephone and fax numbers collected from customers, potential customers and end users of our products and services for sales, marketing, order fulfilment and order delivery purposes. Additionally, in our section on Online Information we also discuss how we gather and use all information gathered online even if it is not Personal Information. Zogenix, Inc. will not deviate from this Policy even if applicable national laws are less stringent than this Policy.
Excluding our Employee Information which is discussed below, we collect, process and use your Personal Information only as a part of our business relationship with you and your company, including contract and billing administration; product and service delivery; fulfilling our business obligations to our customers and resellers; communicating with customers and potential customers about marketing and technical information concerning our products and services; notifying our customers and potential customers regarding product launches and important events related to Zogenix, Inc.; and other related business activities of which you are informed at the time your Personal Information is collected or as soon thereafter as practicable. Zogenix, Inc. only collects personally identifiable information about individuals when such individuals specifically provide such information to us on a voluntary basis or while requesting information on our products or services. We may disclose Personal Information to our agents, resellers and business partners or to protect and defend the rights or property of Zogenix, Inc. Zogenix, Inc. must reply to lawful requests from public authorities, including to meet national security or law enforcement requirements, for disclosure of Personal Information.
Zogenix, Inc. does not sell, lease or rent Personal Information to third parties.
In general, you may visit our Websites without providing any Personal Information. However, you may choose to provide us with Personal Information by completing online forms. At the point of collection, we will inform you of how your Personal Information will be used; apart from these uses, Zogenix, Inc. will only use your Personal Information in accordance with the terms of this Policy.
Cookies are small files that a site transfers to your computer’s hard drive through your web browser (if you allow) that enables it to recognize your browser and capture and remember certain information. A cookie cannot read data off your hard drive or read cookie files created by other sites. Cookies may do things like allow you to navigate faster through the site, remember your preferences and passwords and generally improve the user experience. You can turn off the ability to receive cookies by adjusting your bowser settings – please note that if you do so, this may affect the functionality of the website and the information you can access through it.
We collect Employee Information from prospective and present Employees only for legitimate business purposes, including (1) the management and operations of our company, its functions and activities, (2) Employee communications, including Employee surveys, (3) maintaining a global directory, (4) carrying out obligations under employment contracts and employment, tax and benefits laws, and in connection with other working relationships or arrangements, (5) development and training programs, (6) recruiting and hiring job applicants, (7) assessing qualifications and performance, (8) performing background checks and verifying references where applicable, (9) managing Employee performance, (10) determining Employee compensation or payment, (11) managing the Employee termination process, and (12) other general human resources purposes. Our European Union Employees at the time of their employment are notified in detail how their Personal Information will be used. Employee information on health, performance evaluations and disciplinary actions and other sensitive Employee matters, whether it is stored manually or electronically, is accessible by other Zogenix, Inc. Employees only if necessary with respect to legitimate human resource functions or issues. Zogenix, Inc. will obtain affirmative consent from an Employee before using such Employee’s Personal Information for any purpose other than described above. Employees may decline to provide this consent, and Employees may withdraw their consent at any time.
For legitimate human resources purposes, Employees may choose to voluntarily disclose Personal Information about family members. If our Employees choose to do this, their family member’s Personal Information shall be treated, for the purposes of this Policy, the same as an Employee’s Personal Information. Employee Personal Information is never sold, leased or rented to any third party. Employee Personal Information will never be disclosed to third parties except as follows: (1) to those retained by Zogenix, Inc. as agents for the purposes set forth in the paragraph above, (2) where required pursuant to an applicable law, government or judicial order, law or regulation, or to protect the rights or property of Zogenix, Inc. (3) where authorised in writing by the Employee, and (4) where the Employee voluntarily provides Personal Information and the context makes it clear such information will be provided to a third party.
Where personal data is transferred from the EU to the US in the context of the employment relationship, we will cooperate in investigations by and to comply with the advice of the competent EU Authorities.
We will always give you an opportunity to choose opt-out before your Personal Information is (1) disclosed to a third party (other than a Zogenix, Inc. agent doing work at our direction), or (2) to be used for a purpose that is materially different than that for which it was originally collected or subsequently authorised by you. Although we do not ever anticipate providing sensitive Personal Information, such as Employee health information, to a non-agent third party or using it for a purpose other than that for which it was collected, we will never do so without first allowing the individual involved to affirmatively and expressly consent (opt-in) to such transfer or use. The only exception to this choice for both sensitive and non-sensitive Personal Information would be where we are required to disclose your Personal Information pursuant to government or judicial order, law or regulation to meet national security or law enforcement requirements.
At a minimum, you will always be able to opt-out from receiving marketing materials from Zogenix, Inc. If we determine that applicable national law requires that more stringent requirements (opt-in) be applied before you receive marketing material or other communications from us, we will implement the same.
We will not transfer Personal Information originating in the EU to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of privacy protection to your Personal Information as required by the Principles of the EU-US Privacy Shield Framework. We will only transfer data to our agents, resellers or third-party service providers (such as accountants, attorneys, consultants and other service providers) who need the information in order to provide services or to perform activities on behalf of Zogenix, Inc., including in connection with the delivery of services or products, Zogenix’s management, or legal responsibilities. We acknowledge our liability for such data transfers to third parties.
To protect Personal Information collected and stored by Zogenix, Inc., we have in place reasonable and appropriate technical and operational security measures to prevent Personal Information from loss, misuse, unauthorised access, disclosure, alteration and destruction.
We will only collect and retain Personal Information which is relevant to the purposes for which the information is collected, and we will not use it in a way that is incompatible with such purposes unless such use has been subsequently authorised by you. We will take reasonable steps to ensure that Personal Information is reliable for its intended use, accurate, complete and current. We may occasionally contact you to determine that your data is still accurate and current.
You have the right to access personal data relating to you. If you wish to access, amend, or confirm that Zogenix, Inc. has personal data relating to you, or if you wish to correct or delete your Personal Information if it is inaccurate, please notify us at email@example.com or at (858) 414-2280. We will respond to your request within a reasonable time.
Employees may review their personal files and any Personal Information concerning them upon by emailing firstname.lastname@example.org
Since we are committed to protecting your privacy as set forth in this Policy, if you think we are not in compliance with our Policy, or if you have any question or if you wish to take any other action concerning this Policy or your Personal Information, we encourage you to contact us at email@example.com or call us at (858) 414-2280. We will investigate your complaint, take appropriate action and report back to you within 45 days.
If the Personal Information in question was transferred from the EU to the United States, and you are not satisfied with our response, Zogenix, Inc. has agreed to participate in the dispute resolution procedures of the panel established by the EU data protection authorities (DPAs) to resolve disputes pursuant to the EU-US Privacy Shield Principles. A resident of the European Union (EU) whose enquiry has not been satisfactorily addressed may contact the EU DPAs panel or individual EU DPAs using the information provided at http://ec.europa.eu/justice/data-protection/bodies/authorities/third-countries/index_en.htm to resolve disputes pursuant to the EU-US Privacy Shield Principles.
Zogenix, Inc. commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.
Finally, as a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
The services of the EU DPAs panel are provided at no cost to you.
Adherence by Zogenix, Inc. to these EU-US Privacy Shield Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; (c) to the extent expressly permitted by an applicable law, rule or regulation; and (d) to the extent that Zogenix, Inc. has limited or no control over the actions of the individuals who have provided information.
Questions or comments regarding this Policy should be submitted to Zogenix, Inc. by email to: firstname.lastname@example.org or by mail to: Zogenix, Inc., 5858 Horton Street, Suite 455, Emeryville, California, 94608 USA.
Effective Date: January 17, 2018