Biogaran, a French company (Société par actions simplifiée), with capital of € 4 000 000, with its head office located at 15 boulevard Charles de Gaulle, 92707 Colombes Cedex, France, , and registered with the trade and companies’ register of Nanterre under number B 405 113 598 (“BIOGARAN” or “we”), is particularly committed to the protection of privacy and personal data.

Intra-community VAT number: FR64405113598 / APE code: 4646Z

BIOGARAN offers the website https://www.biogaran.com (the “Site”) in order to give general information about BIOGARAN, its international activities, organization, research, human resources policy, communication, products, offers and services, and its news and events.

This privacy and personal data policy (“Privacy Policy”):

• is directed to any adult navigating the Site and seeking to obtain information on the activities, products or brands concerned by the Site;
• describes the general measures implemented by BIOGARAN to ensure adequate protection of information relating to a natural person identified or identifiable (directly or indirectly) for all processing of such data in the context of its activities (the “Personal Data”);
• aims to inform you, in full transparency, of the conditions under which your personal information is processed and used, in accordance with the legislation in force and more particularly with the provisions of the law of 6 January 1978 known as the “Data Protection Act” as amended by European Regulation No. 2016/679.

As the party responsible for processing your Personal Data, BIOGARAN undertakes to respond to your concerns regarding the confidentiality of the information you send us via our Site.

Biogaran reserves the right to modify this Privacy Policy at any time to reflect technological, legislative and commercial developments. You are therefore invited to read the terms of this Privacy Policy carefully each time you visit the Site, at the following address: Privacy Policy.

1. What Personal Data do we collect?

Access to the Site does not systematically require registration, which allows you to visit the Site without having to identify yourself.

The type of Personal Data we collect depends on the nature of our relationship with the individuals concerned and the purposes for which the Data is used. The data subjects include, but are not limited to, the following:

• Visitors to the Site
• Patients
• Healthcare professionals
• Clients, prospects, suppliers
• Job applicants
• Patient representatives

We collect some or all of your Personal Data in the following cases:

• Personal Data that you voluntarily provide to us, for example through the Pharmacovigilance, Contactor Careers space of Our Site, and which are strictly necessary to ensure the processing of your requests. Depending on the nature of our relationship, the following categories of Personal Data may be provided to us:
• Identification and contact details, such as: title, surname, first name, e-mail, address, postcode, town, other similar identification details and in the case of job applications, CV and covering letter;
• Data related to pharmacovigilance cases, such as: data concerning you but not identifying you individually (date of birth, gender), product data (product name/DCI, brand, dosage, batch number, expiry date, etc.), health data (medical history, use of other medicines, etc.), data necessary for the assessment of the adverse reaction;
• Personal Data that we collect automatically when you browse the Site for statistical purposes using “cookies” (pages visited, dates and times of access, preferred content, operating system, type of browser used, type of hardware used, etc.). Please note that our statistical cookies do not allow the personal identification of a natural person (see article 10 below “How are the cookies managed?”).

You are free not to provide information when we ask for it. However, if you do so, you may not be able to access some areas of the Site and we may not be able to fulfill your request.

The Site is not intended for minors and we therefore do not voluntarily collect or target Personal Data about minors through our Site. If you are a minor, please do not use this Site or provide any Personal Data.

If a parent or guardian becomes aware that his or her minor child has provided us with Personal Data, we invite him or her to contact us by referring to the “How to Contact Us” in Section 9 below. We will take the necessary steps to delete such information from our database in accordance with applicable legal requirements.

2. How do we use your data?

When using the Site, the collection of your Personal Data by BIOGARAN is based on the following legitimate and specified purposes:

• To carry out legitimate business activities, including in particular the supply of our products, marketing, promotion, sales and assistance to clients, suppliers and prospects, the conclusion and management of contractual agreements;
• To produce statistical analyses, particularly of Site traffic;
• To ensure the management and improvement of the Site for optimal user browsing;
• To respond to your requests and questions and to provide you with technical assistance if needed;
• To monitor requests made on our products and services;
• To process pharmacovigilance case reports regarding our products or services;
• To process reports of suspected counterfeiting of our products/services;
• To process declarations of quality defects regarding our products/services;
• To process applications made in the Careers space;
• To process and manage medical information;
• To comply with the legal and regulatory obligations applicable to BIOGARAN;
• To prevent fraud or criminal activity, misuse of our products and services and for the guarantee of our IT systems.

We do not process Personal Data in a way that is incompatible with the purposes described above.

3. On what legal basis do we collect your Personal Data?

Personal Data are processed by BIOGARAN only if such processing is justified and in accordance with the legal provisions in force under the following legal grounds:

• Your prior consent, i.e. when you have clearly expressed your agreement for BIOGARAN to process your Personal Data. Your consent allows you to understand the processing that will be done with your Personal Data, to choose without constraint to accept or not this processing and to change your mind freely;
• A contractual relationship between you and BIOGARAN, i.e. when the processing of your Personal Data is necessary for the negotiation, signature or performance of obligations related to a contract;
• The need to comply with legal, regulatory, accounting and tax obligations applicable to BIOGARAN’s activities;
• The need to pursue our legitimate interests within the meaning of the applicable regulations, provided that this need does not unduly affect your interests, freedoms and fundamental rights.

4. What are your rights?

In accordance with the applicable legal provisions, and subject to any restrictions that may apply as a result of legal exceptions or obligations, you may have the following rights:

• To consult and access, update, complete and rectify your Personal Data in the event that they are inaccurate, incomplete or obsolete;
• To erase and delete your Personal Data under the conditions defined by the applicable regulations and legislation (right to be forgotten);
• To withdraw, at any time, your consent to the processing and use of your Personal Data where your Personal Data has been processed and collected on the basis of your consent;
• To object to the processing of all or part of your Personal Data when they have been collected and processed on the basis of the legitimate interests of BIOGARAN (subject to the justification of your particular situation);
• To limit the processing of your Personal Data;
• To portability and transfer of Personal Data to the chosen third party in a structured, commonly used and machine-readable format (right applicable only when the processing is based on your consent);
• To formulate directives regarding the retention, erasure and disclosure of your Personal Data after your death.

If you have any questions on this subject or wish to exercise the above rights, please refer to Article 9 “How to contact us”.

If you believe that the protection of your Personal Data has not been ensured by BIOGARAN, you have the right to lodge a complaint with a supervisory authority. In France, the supervisory authority is the Commission Nationale de l’Informatique et des Libertés (3 place de Fontenoy – TSA 80715 -75334 Paris Cedex 07, +33 (0) 1 53 73 22 22 / www.cnil.fr).

5. How long do we keep your Personal Data?

Your Personal Data collected by BIOGARAN are kept in a form that permits your identification for no longer than is necessary for the purposes for which the personal data are processed. More specifically:

• Personal Data collected for audience measurement purposes are kept for six (6) months;
• Personal Data collected for pharmacovigilance activities are kept for ten (10) years after the relevant marketing authorisation has ceased to exist; the data are then deleted or archived in an anonymised form, unless otherwise envisaged by mandatory local regulations;
• Personal Data collected to process quality defect claims on our products/services are kept for six (6) years from your complaint;
• Personal Data collected for the management of medical information are kept for ten (10) years after your request;
• Personal Data collected for scientific medical liaison with healthcare professionals are kept for five (5) years after your last interaction with BIOGARAN, then are archived for five (5)  years and deleted;
• Personal Data collected for managing relationships with healthcare professionals in connection with clinical trials are kept until the study product is marketed or until the final study report or until the publication of the study results. They are then archived in paper or electronic form for a period in accordance with applicable laws and regulations;
• Personal Data collected for communication and relationship management and promotional activities (contacts with healthcare professionals) are kept for five (5) years after your last interaction with BIOGARAN, then archived for five (5) years and deleted;
• Personal Data collected for transparency management are kept, archived and destroyed in accordance with applicable laws and regulations;
• Personal Data collected for the management of the recruitment are kept for two (2) years;
• Personal Data collected for any other type of correspondence are kept for 13 months.

When the maximum retention period imposed by the applicable legislation or when the retention period necessary to fulfil the given purpose expires, your Personal Data will be deleted.

6. How do we safeguard your personal data?

As processor of your Personal Data, BIOGARAN has implemented all the necessary precautions as well as appropriate and commercially reasonable technical and organisational security measures to store your Personal Data that we collect, keep confidential and to protect them against unauthorised or unlawful disclosure or access, accidental loss, destruction, alteration or damage.

These measures are based on the state of technological knowledge, the costs of implementation, the nature, scope, context and purposes of the data processing as well as the risk and danger to the rights and freedoms of the persons concerned.

BIOGARAN ensures that the Personal Data collected is up-to-date and accurate and we reserve the right to ask you to confirm the accuracy of the Personal Data we hold about you.

Personal Data considered as sensitive by the regulation may also be processed by BIOGARAN when you voluntarily communicate them to us. They will be used in accordance with professional secrecy and / or under cover of confidentiality.

7. Do we share your personal data?

Your Personal Data processed by Biogaran will only be accessible by a limited list of recipients on a need-to-know basis or where required by law, including but not limited to:

• Departments and personnel of BIOGARANand other legal entities of the Servier Group with a need to know;
• Suppliers and service providers of BIOGARAN,particularly those responsible for hosting the Site, producing the Site, who may be called upon to access the personal data of Users for purposes strictly necessary for their work;
• Competent authorities such as health authorities in certain legally defined cases;
• Potential acquirers and other stakeholders in the case of a merger or restructuring operation such as an acquisition, incorporation of a joint company, sale, transfer of shares or divestment.

BIOGARAN undertakes to ensure that authorized recipients when acting as processors:

• comply with the applicable legislation on the protection of Personal Data and the principles listed in this Privacy Policy;
• process Personal Data exclusively for the purposes and objectives described in this Privacy Policy;
• implement adequate technical and organizational security measures to protect the integrity and confidentiality of the Personal Data processed.

8.International transfers of Personal Data

BIOGARAN operates worldwide and is likely to transfer your Personal Data to certain recipient countries that have not been recognized as having an adequate level of protection by the European Commission. In this case, BIOGARAN ensures that appropriate safeguards are implemented for the protection of Personal Data through the conclusion of contractual agreements in accordance with the Standard Contractual Clauses approved by the European Commission.

9. How to contact us?

You can address your requests relating to your personal data or ask any other question relating to this Privacy Policy to the Data Protection Officer (“DPO”) of Biogaran:

• via the contact form available on the Site, where you are invited to enter your name and contact details so that a reply can be sent;
• by e-mail to the address: protectiondesdonnees@biogaran.fr
• by mail, to the following address:

Mr. Data Protection Officer

Biogaran

15 Boulevard Charles de Gaulle

92707 Colombes Cedex

10. How are cookies managed?

Cookies are data files (text files) containing information that are downloaded to your terminal (computer, tablet, smartphone, etc.) when you visit a website. Cookies are then sent back to the website when you visit it again and therefore enable you to navigate a website efficiently, save your preferences, send you tailored content and improve your overall experience of using a website.

When you browse the Site, information may be stored on or retrieved from your browser, usually in the form of cookies.

This information may relate to the type of browser used, its browsing preferences, the Site (pages consulted, date and time of connection, etc.) or its terminal (computer, tablet, smartphone, etc.) and is mainly used to ensure that the Site functions properly.

Cookies do not enable Biogaran to identify you personally but to collect information in general when you visit the Site and to enable you to enjoy a personalized web experience.

BIOGARAN undertakes not to communicate the content of these cookies to third parties, except in the event of an obligation ordered by a judicial or administrative authority.

Third-party cookies allowing other organizations to help us analyses the use of the Site, measure the audience and deliver personalized advertising are also used on the Site.

When you log on to the Site, you are expressly asked to accept the use of cookies on the Site.

Similarly, when you click on the icons dedicated to social networks (such as, for example, Twitter, Facebook, LinkedIn) appearing on the Site, and if the deposit of cookies has been accepted by continuing to browse, these social networks may also deposit cookies on your terminal.

You can block the use of all or some of the cookies or delete the cookies already installed on your browser:

• either via the cookie management configurator provided to allow you to obtain details on each of the categories of cookies used and/or deposited on the Site, and to manage the preferences;
• or by modifying your browser settings by consulting the help menu of the Internet browser used (Microsoft Internet Explorer, Apple Safari, Google Chrome, Mozilla Firefox, Opera, etc.), in particular in order to accept or refuse all cookies, to be informed when a cookie is issued, to consult its validity, duration and content, and to delete cookies periodically.

The blocking of certain types of cookies or their deletion may affect or render impossible access to certain functionalities or pages of the Site or render inaccessible certain services offered on the Site, for which Biogaran cannot be held responsible. Read more about the Cookie Policy.

Youtube content

BIOGARAN uses public content from YouTube’s third-party social networking services. Biogaran uses the YouTube APIs to display the videos on the Site. By viewing the videos, the user agrees to be bound by the YouTube Terms of Use and Google’s Privacy Policy. Third party social networking services, such as Google and YouTube, may update their terms of use and privacy policies. Biogaran is not responsible for the user’s review of any changes or updates, so the user is advised to regularly review the YouTube terms of use and Google privacy policy to be aware of such updates.

11. Applicable law

The present policy is governed by French law, in respect both of the substantial rules and the formal rules.

In the event of a dispute concerning the validity, enforceability, interpretation or execution of this Privacy Policy, the French courts shall have exclusive jurisdiction (France).

Any application of the rules of conflict of laws which restricts full application of French law is consequently excluded hereby. Consequently, French law applies to all persons which browse the Site, and which use all or part of its functions.

In the event of a divergence between the information presented in the French version of the Website and that presented in the English version of the said Website, the information presented in the Website’s French version shall take precedence.