Privacy Policy

QPharma, Inc. (“QPharma”) is firmly dedicated to assisting pharmaceutical stakeholders, whether pharmaceutical and medical device manufacturers, wholesale distributors, labelers, as well as sales support companies, to understand the regulatory compliance environment that may directly affect their business. QPharma provides services and resources to such companies in the life sciences industry to help them stay compliant and vigilant with governing law and regulations. Accordingly, QPharma is globally positioned to receive and collect personal information from individuals in the United States, European Union (“EU”), United Kingdom, and Switzerland. QPharma has established a robust data privacy program with a strict view towards the protection of your data privacy rights. QPharma has always been committed to protecting data privacy to support our customers and partners. Our customers and partners can be confident that our operational policies and processes support GDPR requirements. QPharma is committed to respecting your privacy. Because you may have questions about what we do with information that you share with us, this Privacy Policy is designed to answer questions and to help you understand how QPharma uses the personal information you disclose to us. QPharma anticipates receiving and collecting personal information from individuals in the United States and the European Union (“EU”), United Kingdom and Switzerland in support of marketing activities to the pharmaceutical, biotechnology and life sciences industries, and to other healthcare related organizations and businesses, including manufacturers of over-the-counter medications, and prescription drug products (“OTC and Rx Products”). QPharma has established a comprehensive privacy program that has been designed to and is intended to protect your data privacy rights. QPharma follows and adheres to the principles of: Notice, Choice, Onward Transfers, Access, Security, Data Integrity, and Enforcement.

1. Notice: If QPharma collects personal information from individuals in the EU, United Kingdom or Switzerland, it will advise them about the purposes for which the information is collected and used, the types of third parties to whom QPharma shares the information, if any, the ability of the users to limit the use and disclosure of such information, and how to contact QPharma. QPharma will provide notice in clear and conspicuous language at the time such information is collected by QPharma or as soon as practicable thereafter and, always, before QPharma uses or discloses the information for a purpose other than which it was originally collected. When QPharma receives personal information from other entities in the EU, United Kingdom or Switzerland, it will use and disclose such information consistent with the notices provides by such entities and the choices made by the individuals from whom the information was collected.
2. Choice: QPharma will provide individuals with the choice of whether the personal information is to be disclosed to a non-agent third party or used for a purpose other than that for which it was originally collected or subsequently authorized by the individual. For sensitive personal information, QPharma will provide individuals with the opportunity to consent to the disclosure of the information affirmatively or explicitly to a non-agent third party or the use of the information for a purpose other than that which it was originally collected or subsequently authorized by the individual.
3. Onward Transfers: QPharma will not disclose personal information to third parties unless such disclosure is permissible pursuant to applicable law and regulations and only if the third party operates in a manner pursuant to this policy and/or the Safe Harbor Agreements and Principles and provides the same level and degree of privacy protection as established in this Privacy Policy and agrees in writing to provide an adequate level of privacy protection.
4. Access: QPharma will provide individuals with reasonable access to information it has about them upon their request. QPharma will take reasonable measures to allow for the correction, amendment, or deletion of information that is shown to be incorrect or inaccurate. Regarding this, send your inquiries to us at QPharma, Inc., Attention: Privacy Officer, 22 South Street, Morristown, NJ 07960.
5. Security: QPharma maintains various safeguards, including physical and electronic and managerial procedures, to protect the security and confidentiality of personal information that it has received. QPharma takes reasonable precautions to protect against unauthorized access, misuse, disclosure, destruction, or alteration of data in its control.
6. Data Integrity: QPharma will not use or process the personal information data in a manner that is inconsistent with the reason it was collected or authorized to be used. QPharma will take reasonable measure to ensure that the data is accurate, complete, current, and reliable for its intended use.
7. Enforcement: QPharma is committed to monitoring and ensuring compliance with this policy and relevant privacy laws and regulations. QPharma maintains strict confidentiality and security policies with respect to all information it receives that applies to all its personnel. All personnel are made aware of these policies, and QPharma has procedures in place for personnel to be trained on all of these policies. If an employee fails to adhere to QPharma’s policies, the employee is subject to discipline. QPharma has established a mechanism to conduct reviews of its policies, including their effectiveness and internal compliance with the policies.

Explanation of Information Collected

In connection with programs such as those listed below, QPharma collects both Personally Identifiable Information (such as contact, financial and demographic information described below) and non-personally identifiable information such as “Traffic Data” (defined below).

Any of the above actions may result in our collection of your Personally Identifiable Information such as your name, age, address, telephone number, e-mail address, and any applicable enrollment or registration passwords. We may also collect Protected Health Information (e.g., Individually identifiable health information, including demographic data, medical histories, test results, insurance information, and other information used to identify a patient or provide healthcare services or healthcare coverage. ‘Protected’ means the information is protected under the HIPAA Privacy Rule.) provided by you as applicable to any of the above programs. In addition, QPharma may come into possession of your Personal Identifiable Information or your Protected Health Information when you provide it to our business partners such as Pharmaceutical Companies and Health Care Organizations, when you register or enroll on their websites for offers and programs that QPharma has been contracted to fulfill on their behalf.

Personally Identifiable Information may also be collected when you register on a QPharma’s Website (www.QPharmacorp.com) or a QPharma managed website. QPharma’s registration form may require you to give us basic contact information (such as your name, mailing and e-mail address) and some demographic information (such as your zip code, professional designation, etc.). The information requested by QPharma’s registration form may change from time to time. Although additional demographic information may be requested at the time of registration, only information marked “required” is necessary for you to register on our website to take advantage of the promotional offers in which you may be interested. With respect to your visits to our website, we may automatically collect general anonymous information related to your use of that Website, such as the date and time you visit the Website and the pages you visit as well as collecting “cookie” information from your browser to identify your computer and provide us with a record of our visits to our Website (collectively, “Traffic Data”). The technology used to gather “cookie” information is provided by the Internet browser you use and may be turned off by using your browser preference buttons.

How the Information Is Used

QPharma uses the Personally Identifiable Information or Protected Health Information that you provide to us for the purposes of: (a) providing you with information, discount coupons, rebate coupons, rebates, trial samples, prescription refill reminders and other marketing and non-marketing communications relating to OTC and/or Rx Products; (b) responding to your requests; and (c) generally communicating with you. QPharma only uses or discloses your Personally Identifiable Information or Protected Health Information as permitted by law or as authorized by you. QPharma engages in e-mail and direct mail marketing on behalf of Pharmaceutical Companies and Health Care Organizations. E-mail or direct mail address lists for these marketing campaigns are compiled from information provided by you as set out above and/or based upon information gathered by Pharmaceutical Companies or Health Care Organizations. To receive an e-mail message or a direct mail communication that is part of a marketing campaign created by QPharma on behalf of a Pharmaceutical Company or Health Care Organization, you chose to be included on an e-mail or direct mail address list or you may choose to receive e-mail or such direct mail communication from us. You may choose not to receive future e-mail or direct mail communications from us at any time by following the Opt-Out Policy below. Traffic Data helps us to understand how our website is used (e.g., which pages, or sections are most popular and when the peak activity times occur) and to assist us in planning for future improvements to the Website to better meet your needs.

With Whom Information is Shared

QPharma will not share your Personally Identifiable Information, including your Protected Health Information, except as authorized by you, as permitted by applicable law, or as described below. QPharma may share your Personally Identifiable Information with Pharmaceutical Companies or Health Care Organizations to customize marketing and non-marketing communications and provide you with information, discount coupons, rebate coupons, rebates, trial samples and prescription refill reminders relating to OTC and/or Rx Products in which you have expressed an interest by contacting us or our business partners. QPharma may share your Personally Identifiable Information, including your Protected Health Information, on a confidential basis with third party service providers with whom we have a business relationship to perform work on our behalf. These third-party service providers are not authorized to use or disclose this information for any purpose other than to perform services on QPharma’s behalf. QPharma will only disclose such information to the Pharmaceutical Companies or Health Care Organizations who are our clients, QPharma employees and third-party service providers who require such information for the purposes set out above. We will only keep your personal information for as long as it remains necessary or relevant for the purposes stated above or as otherwise required by law. QPharma may be called upon to release Personally Identifiable Information or Protected Health Information in response to a court order, subpoena, search warrant, law or upon request of a regulatory or investigative agency. QPharma’s cooperation in responding to such requests includes notice of the sensitivity of the information that is being sought or provided. QPharma also reserves the right to cooperate with law enforcement authorities in the investigation and prosecution of users who violate our rules or who otherwise engage in harmful or illegal behavior via our websites. The QPharma website may include links to third party websites that are not under the control of QPharma. These linked sites are provided as a convenience and may include privacy policies or terms of use that are different from the QPharma site. QPharma has no responsibility or liability to you in connection with your visits to linked sites, or any information disclosed, collected, or used by such third-party websites. If you link to those sites, you are encouraged to review the privacy polices maintained by those sites.

Security of Personal Information

QPharma is committed to ensuring the security of the information you provide to us. Our success in designing useful products and services depends on your willingness to participate in our programs. QPharma’s business methods include strict policies on the storage, transmission and use of data that includes personal information. Our standard operating procedures are designed to secure such information in accordance with applicable law and industry standards. Notwithstanding QPharma’s efforts, you should be aware that there is some risk of loss, misuse, or alteration of your information by unauthorized third parties engaging in illegal and deceptive practices that may find a way to penetrate our data security measures.

Opting-Out

If QPharma has collected your Personally Identifiable Information or Protected Health Information and you are no longer interested in receiving our services, you may withdraw your authorization at any time. If you would like to opt-out, you may do so by providing written notice to us at QPharma, Inc., Attention: Privacy Officer, 22 South Street, Morristown, NJ 07960. QPharma will process your election to opt-out as soon as possible upon receipt. Please be sure to include the name of the program, product, or service from which you wish to withdraw. Also note that if some other organization or entity collected that information, you must contact that entity directly with you opt-out request.

Correcting or Updating Information

If you would like to correct or update any of your Personally Identifiable Information or Protected Health Information we have in our possession, please write to us at QPharma, Inc., Attention: Privacy Officer, 22 South Street, Morristown, NJ 07960. Please be certain to include the name of the program, product, or service in question.

Changes in Privacy Policy

QPharma reserves the right, at any time and without notice, to add to, update, change, modify or revise this Privacy Policy by posting such addition, update, change, modification, or revision on its website at www.QPharma.com. Any such addition, update, change, modification, or revision will be effective immediately upon posting on the Website. QPharma reserves the right to use personal information in accordance with the Privacy Policy that is in effect.

How to Contact Us

If you have any inquiries or comments about this Privacy Policy, please contact us at 1-973-656-0011 or write to us at QPharma, Inc.,
Attention: Privacy Officer
22 South Street
Morristown, NJ 07960.

THIS PRIVACY NOTICE, EFFECTIVE JANUARY 1, 2020, AS REQUIRED BY THE California Consumer Privacy Act of 2018 (“CCPA”), SUPPLEMENTS THE ABOVE PRIVACY POLICY AND CONCERNS visitors, users, and others who reside in the State of California. (The following are addressed in the above privacy policy: HOW QPHARMA COLLECTS YOUR PERSONAL INFORMATION; USE OF YOUR PERSONAL INFORMATION; NON-DISCRIMINATION; CHANGES TO THIS POLICY)

TYPES OF PERSONAL INFORMATION COLLECTED BY QPHARMA BY CATEGORY

CCPA Category of Personal Information Collected by QPharma in the last 12 months

i. Identifier	Name, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, and other similar identifiers
ii. Customer Records	Name, signature, address, telephone number, education, employment
iii. Protected classification characteristics under California or federal law	not collected
iv. Commercial	Records of products or services ordered or purchased or those which you have access to order or purchase.
v. Biometric	not collected
vi. Internet or network activity	Information regarding a consumer’s interaction with our websites, application, or advertisement, passwords and pins created to access our websites
vii. Geolocation data	Geographic location based on URL
viii. Sensory data	not collected
ix. Professional or employment-related information	DEA#s, SLN#s, SAN #s; employee ID#; healthcare provider designations, and/or specialties; employee territories, employers, managers
x. Non-public education information	not collected
xi. Inferences	QPharma may make certain inferences from individual or combined pieces of Information in (i) –(x)

Personal Information does not include: Publicly available information from government records; de-identified or aggregated consumer information; health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or similar state statutes; personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

DISCLOSURES OF PERSONAL INFORMATION IN LAST 12 MONTHS

• QPharma does not collect information from minors.
• QPharma does not sell any information referenced above.
• In the preceding twelve (12) months, QPharma has not sold any information referenced above.
• In the preceding twelve (12) months, QPharma has disclosed the following categories of personal information for a business purpose: (i), (ii), (iv), (vi), (vii), (ix), (xi).
• QPharma only discloses your personal information as required by law or for a business purpose to our affiliates, service providers and third parties where you, your employer, or your agent(s), have authorized that disclosure.

YOUR RIGHTS UNDER THE CCPA

CCPA ACCESS RIGHTS

You have the right to request that QPharma disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once QPharma receives and confirms your verifiable consumer request, QPharma will disclose to you:

• The categories of Personal Information that QPharma collected about you.
• The categories of sources for the Personal Information that QPharma collected about you.
• QPharma’s business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom QPharma shared that Personal Information.
• The specific pieces of Personal Information QPharma collected about you (also called a data portability request).

CCPA DELETION RIGHTS

You have the right to request that QPharma delete your Personal Information, subject to certain exceptions. Once QPharma receives and confirms your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. QPharma may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which QPharma 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, 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.
• Exercise a right provided for by law.
• 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.

CCPA PORTABILITY RIGHTS

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by contacting us at QPharma, Inc., Attention: Privacy Officer, 22 South Street, Morristown, NJ 07960. 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 also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows QPharma to reasonably verify you are the person about whom QPharma collected Personal Information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
• QPharma cannot respond to your request or provide you with Personal Information if QPharma cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
• QPharma will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

CCPA REQUESTS, RESPONSES, AND TIMING

QPharma will try to respond to a verifiable consumer request within forty-five (45) days of its receipt. If QPharma requires more time, QPharma will inform you of the reason and extension period in writing. QPharma will deliver our written response by mail or electronically, at your option. Any disclosures QPharma provides will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response QPharma provides will also explain the reasons QPharma cannot comply with a request, if applicable. For data portability requests, QPharma 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. QPharma does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If QPharma determines that the request warrants a fee, QPharma will tell you why QPharma made that decision and provide you with a cost estimate before completing your request.