Last modified: August 3, 2020
Menarini Silicon Biosystems, Inc., (“Menarini”, “We”, or “Us”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy applies to information we collect:
- on the Website;
- in email, text, and other electronic messages between you and our Website; and
- when you interact with our applications on third party websites and services, if those applications include links to this policy.
It does not apply to information collected by:
- through any other means, including on any other website operated by any third-party;
- through any other website operated by Menarini Group that is not a Website; or
- any third party, including through any application or content that may link to or be accessible from or on the Website.
2. DATA CONTROLLER
3. SPECIAL NOTICE FOR PARENTS
Our Website is not intended for children under 18 years of age. We do not knowingly collect Personal Data from children under 18.
4. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of our Website (collectively, “Personal Data”), specifically information by which you may be personally identified, such as your name, email address, telephone number, and employment information, information that is about you but individually does not identify you, such as traffic data, location data, logs, web log files, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, cookie activities, and other communication data and the resources that you access and use on the Website, and about your internet connection, the equipment you use to access our Website and usage details.
We collect this information directly from you when you provide it to us. This includes information provided at the time of using the services. We may also ask you for information when you report a problem with our Website. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment including, Media Access Control (MAC) address, IP address, computer type (Windows or Macintosh), screen resolution, operating system version, and Internet browser type and version, browsing actions, and patterns, specifically details of your visits to our Website, such as traffic data, logs, IP addresses or other unique identifier, and the resources that you access and use on the Website. We use IP Addresses for purposes such as calculating Website usage levels, helping diagnose server problems, and administering the Website.
The information we collect automatically is statistical data and does not include Personal Data, or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Website according to your individual interests; and recognize you when you return to our Website.
5. LAWFUL BASIS FOR PROCESSING YOUR PERSONAL DATA
If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):
- Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between Menarini and you; detect and correct bugs and to improve our Website; safeguard our IT infrastructure and intellectual property; detect and prevent security risks; promote and market our business; perform employment screening, manage our workforce, assets, and business; and to develop our product and services.
- To Fulfill Our Obligations to You under our Contract. We process your Personal Data in order to fulfill our obligations to you pursuant to our contract with you to deliver our products or services to you.
- As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.
6. SPECIAL CATEGORIES OF INFORMATION
Menarini does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you.
7. AUTOMATED DECISIONS MAKING
Menarini does not use your Personal Data with any automated decision-making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.
8. HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any Personal Data:
- to present our Website and its contents to you;
- to provide you with information and support, such as product information, online training videos, and email alerts for the training sessions, that you request from us;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for fulfilling training requirements, or monitor compliance with, and enforce, our code of conducts;
- to provide and service your account and training certification status;
- to notify you about changes to our Website or any products or services we offer or provide though them;
- to allow you to participate in interactive features on our Website;
- for our business purposes, such as data analysis, audits, improving our products and services, developing new products and services, enhancing our Website, performing data analytics on Website usage, personalizing your experience on our Website;
- in any other way we may describe when you provide the information; and
- for any other purpose with your consent.
With your consent, we may also use your information to contact you about our own products or services that may be of interest to you. If you wish to consent to this use, please submit your email in the relevant box located on the form on which we collect your data. If you wish to change your choice, you may do so at any time by contacting us as through any of the methods listed under the CONTACT INFORMATION Section below. For more information, see CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.
9. DISCLOSURE OF YOUR INFORMATION
- to contractors, service providers, and other third parties we use to support our business. These entities provide IT and infrastructure support services, data analysis, order fulfillment, infrastructure provision, IT services, customer service, and e-mail and direct mail delivery services;
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Menarini’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Menarini about our Website’s users is among the assets transferred;
- to fulfill the purpose for which you provide it. For example, to Menarini technical and administrative staff, IT staff, product managers, internal audit and compliance, and all other employees of Menarini that need to access your data in the performance of their job duties, including but not limited to the staff or personnel of other Menarini Group Companies that may need to access the data for administrative purposes;
- for any other purpose disclosed by us when you provide the information; and
- with your consent.
We may also disclose your Personal Data:
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request; and
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Menarini, our customers, or others. This includes exchanging information with other companies and organizations to protect our operations or those of any of our affiliates.
10. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We do not control the collection and use of your information collected by third parties described above in DISCLOSURE OF YOUR INFORMATION. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.
In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data.
11. YOUR RIGHTS REGARDING YOUR INFORMATION AND ACCESSING AND CORRECTING YOUR INFORMATION
Applicable data protection laws may provide you with certain rights concerning our processing of your Personal Data.
- Access and Update. You may also notify us through any of the methods listed under the CONTACT INFORMATION Section below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
- Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
- Portability. To the extent the Personal Data you provide Menarini is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
- Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
- Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
- Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
- How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under the CONTACT INFORMATION Section below. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.
12. STATE-SPECIFIC PRIVACY RIGHTS
13. DO NOT TRACK SIGNALS
We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
14. DATA SECURITY
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website, such as our community forums. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. If you have reasons to believe that your interaction with us is no longer secure, please notify us immediately through the Contact Information below.
15. CONSENT TO PROCESSING OF PERSONAL DATA IN OTHER COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA
If you are a resident of the European Economic Area (“EEA”), in order to provide our Website, products and services to you, we may send and store your Personal Data outside of the EEA to any country where we have facilities or service providers, including to the United States. Accordingly, your Personal Data may be transferred, stored, or processed outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. By using our Website or related services, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Website or through our related services.
16. SENSITIVE INFORMATION
Menarini does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you.
17. DATA RETENTION PERIODS
Menarini will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:
- for as long as necessary to comply with any legal requirement;
- on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
- for as long as necessary to protect our legal and legitimate interests or otherwise pursue our legal rights and remedies; and
- for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.
19. CONTACT INFORMATION
To Contact Menarini (Controller):
Menarini Silicon Biosystems, Inc.
3401 Masons Mill Road, Suite 100
Huntingdon Valley, PA 19006
To Contact Our Representative:
A. Menarini Industrie Farmaceutiche Riunite S.r.l
Firenze, Via sette santi,1/3
To Contact Our Data Protection Officer:
Menarini Privacy Addendum for California Residents
Effective Date: July 26, 2020
Last Reviewed on: July 26, 2020
INFORMATION WE COLLECT
Our Website and your activity on the Website may collect personal information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, Menarini collects Personal Information from its consumers through the Website, as provided below.
Categories of Personal Information Menarini have collected in the preceding 12 months:
- Identifiers (e.g., name, email address, account name, unique personal identifier, online identifier, Internet Protocol address (IP address), or other similar identifiers)
- Personal Information categories listed in the California Customer Records statute (e.g., name, address, telephone number, some of this information may overlap with other categories)
- Commercial information (e.g., records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
- Internet or other similar network activity (e.g., browsing history, search history, information on a consumer’s interaction with a website or advertisement)
- Sensory data (e.g., electronic information)
- Professional or employment-related information (e.g., certification status, current or past job history or performance evaluations)
Personal information does not include information that is: (a) publicly available information from government records; (b) deidentified or aggregated consumer information; or (c) certain information excluded from the scope of CCPA.
Categories of Sources from which Menarini has collected Personal Information:
- Directly from you. For example, from forms you complete or from orders you place for our products.
- Indirectly from you. For example, from observing your actions on our Website.
- Affiliates, parents and subsidiary organizations of Menarini.
- Service providers.
- Business partners who we partner with to offer our products and services.
- Advertising networks.
- Social media platforms.
USE OF PERSONAL INFORMATION
We May Use or Disclose the Personal Information We Collect For One or More of the Following Business Purposes:
- To fulfill or meet the reason you provided the information including to process your request for products and services, and provide training and certifications thereof. For example: if you share your name and contact information to ask a question about our products, we will use that Personal Information to respond to your inquiry; if you provide your Personal Information to order products, we will use that information to facilitate fulfilling your request for more information or order. We may also save your information to facilitate your participation in future orders.
- To provide, support, personalize, and develop our Website, products and support services.
- To create, maintain, customize, and secure your online account, or any programs with us.
- To provide you with support and to respond to your inquiries.
- To help maintain the safety, security, and integrity of our Website, products, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products and support services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Menarini’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Menarini about our customers are among the assets transferred.
Menarini will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
SHARING PERSONAL INFORMATION
We do not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate your Personal Information to another organization for monetary or other valuable consideration. However, Menarini may disclose your Personal Information to a third party for one or more business purposes. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
We share your Personal Information with the following categories of third parties:
- Service providers.
- Affiliates parents and subsidiary organizations of Menarini.
- Business partners who we partner with to offer our products and services.
Disclosures of Personal Information for a Business Purpose:
In the preceding twelve (12) months, Menarini has disclosed the following categories of Personal Information for a business purpose:
- California Customer Records personal information categories.
- Commercial information.
- Internet or other similar network activity.
Sales of Personal Information:
In the preceding twelve (12) months, Menarini has not sold Personal Information.
YOUR RIGHTS AND CHOICES
The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Access Request Rights:
You have the right to request that Menarini disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access and Deletion Rights), we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you.
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights:
You have the right to request that Menarini delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access and Deletion Rights:
To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 1-(800) 381-4929.
- Emailing us at firstname.lastname@example.org.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information.
You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. Before completing your request to exercise the below, we will verify that the request came from you through any reasonably means.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. With few exceptions, we will only review and fulfill a request from your Authorized Representative if (a) you grant the Authorized Representative written permission to make a request on your behalf, (b) you or the Authorized Representative provides us notice of that written permission, and (c) we are able to verify your identity in connection with that notice and the request.
Making a verifiable consumer request does not require you to create an account with us.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format:
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to the contact information you provided in that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights:
We do not sell the Personal Information of consumers and therefore do not provide any opt-in or opt-out capabilities on our website or otherwise.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. However, we will continue to offer you discounts and other benefits if you choose to participate in any Menarini discount program.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
CHANGES TO OUR CALIFORNIA NOTICE