LATAM Privacy Notice

THIS PRIVACY POLICY APPLIES TO YOUR ACCESS AND USE OF BIOGEN INC.’S AFFILIATES’ (COLLECTIVELY “BIOGEN”, OR “WE”, “US” OR “OUR”) WEBSITES (“WEBSITES”). BY USING THE WEBSITES, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS PRIVACY POLICY. Biogen is committed to respecting your privacy and we understand how important it is to protect an individual’s Personal Data and apply high ethical and regulatory standards to the processing of such data. This Privacy Notice explains simply, objectively and transparently, the policies and practices that Biogen has developed to safeguard Personal Data and to comply with applicable data protection laws in Biogen’s Latin American affiliates located in North and South America (“Biogen Latin American Affiliates”).

Please read this notice carefully to understand what information we collect, how we collect it, how we use it, who we may disclose it to, and how you can manage your personal data.

Definitions

Data Protection Law means any legislation, laws or regulations applicable to Biogen Latin American Affiliates, protecting the fundamental rights and freedoms of persons and, in particular, their right to privacy, with regard to the processing of Personal Data.

Personal Data: information regarding an identified or identifiable natural person.

Sensitive Personal Data: Personal Data concerning racial or ethnic origin, religious belief, political opinion, trade union or religious, philosophical or political organization membership, data concerning health or sex life, genetic or biometric data, when related to a natural person.

Processing: any operation carried out with Personal Data, such as collection, production, receipt, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, deletion, evaluation or control of the information, modification, communication, transfer, dissemination or extraction.

Information we collect

We provide Websites to share information about the services and products we offer. Regardless of the device you use to interact with our Websites, Biogen may collect some information that identifies you or that can be used to contact or distinguish you as an individual (“Personal Data”). We may need to collect Personal Data about you to provide you with services or information you request, or to facilitate commercial engagements with you. If you do not provide Personal Data, we may not be able to provide services or information to you, or enter into commercial engagements with you.

We will only collect Personal Data about you (i) if you have given your consent, (ii) if it is necessary for one or more of our legitimate business purposes, or (iii)it is required by law.

We may use technologies that automatically collect information when you visit our sites, view our advertisements, or use our products or services.

We also may collect information about you from third parties, such as our vendors, suppliers, contractors, and business partners. For example, we may use such third-party data to confirm contact or financial information to verify qualifications of healthcare professionals and to check references.

When you visit our Websites, we collect the following types of Personal Data:

(a) Personal Data that we collect directly from you

We collect Personal Data directly from you when you register with the Websites, subscribe to online services, or otherwise provide information directly to us. The following are examples of Personal Data that we may collect directly from you:

Name;
Contact details (e-mail address, telephone number, mailing address etc.);
Username and password;
Age/Date of birth;
Government identification numbers;
Communication preferences;
Business information, including employment history, education history, qualifications, occupation and areas of specialization; and
Other Personal Data necessary for the administration of certain online services.

(b) Other Information we collect when you visit our Websites

We use a variety of common, automated data collection technologies, such as internet tags or cookies (“Data Collection Technologies”), to assess how our Websites are used, to personalize your experience, and to deliver content tailored to your interests. In doing this, we collect information about you when you visit our Websites. Generally, these types of data elements (“Other Information”) do not reveal your identity or do not relate directly to you or any other individual.

The following are some examples of Other Information:

device ID,
browser and device information, including operating system;
aggregated information such as “click stream” information such as entry and exit points for the Websites (including referring URLs or domains), certain Websites traffic statistics, page views, and impressions;
geolocation (if using a mobile application and you consent to providing it); and
other information collected through cookies, pixel tags and other technologies described in more detail later in this Privacy Policy.

(c) Sensitive Personal Data

We generally avoid collecting Sensitive Personal Data, such as health data, through our Websites. In some cases, however, we may need to collect such Sensitive Personal Data to facilitate providing services to you, such as certain patient support service offerings or for pharmacovigilance purposes. Where required to comply with all applicable data protection and privacy laws, we will obtain your explicit consent to collect Sensitive Personal Data about you through our Websites.

(d) Data enhancement

In addition, we may collect information about you from publicly available sources, third parties, and directly from you through your interactions with us.

How we use your information

By providing your Personal Data to us, you agree that, where it is permitted by local law or where you have agreed to receive these communications from us, we may use this information for the following purposes:

to communicate with you, including by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging;
to notify you of our new products and services and to provide you with product news and updates, promotional materials or newsletters, tips, or other helpful information;
to seek your views on our products and services;
to monitor our regulatory compliance;
to respond to your requests;
to improve the content or personalize our communications;
to create a profile about you to match you with education/awareness programs, collaboration opportunities or obtain services from you;
to consider your application for employment;
for our own administrative and quality assurance purposes, such as to perform data analysis to identify usage trends, determine the effectiveness of our promotional campaigns and general operation of the Website;
to improve our level of service; and
for other purposes that may be detailed on this Website.

The Data Protection Law in your country may have established several legal bases that allow us to collect and process your Personal Data without your consent. We may process your Personal Data in connection with a request, order, transaction or contract because it is necessary in order to enter into or to fulfill a contract with you. We may also have a legitimate interest to process your Personal Data.

When we collect your Personal Data, we will take reasonable steps to advise you of what Personal Data we are collecting, the purposes for which we are collecting the Personal Data and will use such Personal Data only for stated primary or related secondary purposes.

Product reports. If you contact us regarding a product experience, we may use the Personal Data you provide to generate complaints or adverse event reports.

Marketing. We may use your Personal Data for marketing-related activities, including to communicate with you about our products, services, and company and to invite your participation in engagement opportunities (e.g., surveys). You can unsubscribe from marketing communications by clicking the "Unsubscribe" link included in each message.

Biogen uses your Personal Data in good faith and will adhere to the following principles:

a) Lawfulness and data minimization

Biogen will only collect personal data about you that is relevant, proportional, non-excessive and necessary for one or more of our legitimate, specific and explicit business purposes, or is required by law. In addition, Biogen will only collect personal data by lawful and fair means and not in an unreasonably intrusive manner. Biogen will ensure that the data collected is complete, current and accurate.

b) Purpose limitation and transparency

When Biogen collects your personal data, we will take reasonable steps to advise you of what personal data we are collecting, the purposes for which we are collecting the information and with whom we share it; and will use such information only for stated primary or related secondary purposes.

c) Accountability and disclosure

Biogen will adopt measures necessary to decrease the risk of negative impact due to the processing of your personal data and will demonstrate upon request that it has adopted measures required to comply with the applicable data protection laws. Biogen will advise you of the organizations (or types of organizations) to which we may normally disclose your personal data. We will provide you with ways to access your personal data we hold about you and to update your personal data or preferences.

d) Storage and security

Biogen will use reasonable technical and administrative measures necessary to protect your personal data from unauthorized access, accidental or unlawful destruction, loss, alteration, communication or dissemination. In addition, Biogen will keep your data no longer than is necessary for the purposes for which it was collected.

How we share your personal data with others

Your privacy is very important to us. We may disclose your Personal Data to certain third parties listed below, including third parties who provide us with various business services. We will not sell your Personal Data. We will not otherwise disclose your Personal Data without your consent, except where such disclosure is reasonably necessary for normal business operations and such disclosure is in accordance with all applicable data protection and privacy laws.

The types of Personal Data we may share with third parties may include:

Name;
Contact details (e-mail address, telephone number, mailing address etc.);
Username and password;
Age/Date of birth;
Government identification numbers;
Communication preferences;
Business information, including employment history, education history, qualifications, occupation and areas of specialization; and
Other Personal Data necessary for the administration of certain online services.

(a) Affiliates

We may disclose Personal Data to our affiliated companies for the purposes described in this privacy notice, including for marketing purposes, and to be consistent with our goal of providing our consumers with the superior product and consumer experience that our customers have come to expect from us around the globe. Affiliates are those companies that are under common control of our parent company Biogen, Inc.

(b) Third parties/service providers

We may disclose your Personal Data to third-party service providers who provide services to us, such as: Website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services. We may also disclose your Personal Data to third parties to perform services you request or functions you initiate on the Website. If we allow a third party to have access to your Personal Data, they will only be permitted access for purposes that are consistent with this privacy notice and will be required to protect your Personal Data in accordance with all applicable data protection laws.

(c) Law enforcement

In certain circumstances, we may be called upon to release your Personal Data in response to a court order, subpoena, search warrant, law or regulation. We plan to cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the Personal Data that they may receive. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behavior that is illegal or harmful to individuals or the Personal Data we are responsible for.

(d) Regulators and physicians

If you contact us regarding your experience in using one of our products, we may use the Personal Data you provide as necessary to submit complaint or adverse event reports to local and international health or pharmaceutical regulators, and as otherwise required by law. We also may use the Personal Data to contact the prescribing physician to follow up regarding an unexpected event involving use of our product.

(e) Corporate transactions

We may disclose your Personal Data to a third party relating to a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including regarding any bankruptcy or similar proceedings.

(f) Other Legal Reasons

In addition, we may use or disclose your Personal Data as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliates; (6) to protect the rights, privacy, safety or property of Biogen, our affiliates, you and others; and (7) to enforce our terms and conditions.

How we use or share other information

We use Other Information or additional information that we collect for any purpose not prohibited by law. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use all Other Information, provided that such information does not personally identify you. If we combine Other Information or additional information with Personal Data in a way that can identify or be used to identify you, we will treat that information as Personal Data.

International transfers

As a global company, Biogen conducts business in many countries. Please note that permitted transfers of Personal Data to third parties or other companies within the Biogen group include the transfer of data from one country to another and may include transfers to a country where the laws provide different protection from your country. In such cases, we will take appropriate measures to ensure adequate data protection in accordance with applicable data protection laws.

Links to other sites

Our Websites may feature links to third-party websites that we believe you might find useful and informative. We do not endorse or recommend these websites’ content or services, and we are not responsible for the privacy practices of the operators of these other websites. We encourage you to be aware of and read the privacy notice of each website you visit. When you link these third-party websites, please remember that you are bound by the privacy policy of the third-party. We may also partner with other companies to provide you with content or services on a joint or “co-branded” basis using a co-branded website with both the Biogen logo and the logo of the co-branded partner displayed. You should read the individual privacy policies of the co-branded websites, as these policies may differ in some respects from this privacy notice.

Our children's policy

We recognize the importance of protecting the privacy of children. Our Websites are neither intended for children nor are they designed to attract child users. Our Websites, their content and our services are intended for users over the age of eighteen (18). We do not knowingly collect any personally identifiable information from children under age eighteen (18). When a user discloses Personal Data on the Websites, the user is representing to us that he or she is at least eighteen (18) years of age. If we learn a user under the age of eighteen (18) has volunteered personally identifiable information on our Websites, we will delete such information from our active databases.

Our security measures

We have implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Data provided or collected through the Websites. Unfortunately, no system or online transmission of data can be guaranteed to be 100% secure and you should always take appropriate security measures to protect your Personal Data, including ensuring that you have up-to-date antivirus software.

Storage and retention

We provide products and services around the world. Accordingly, we store and process Personal Data on Biogen’s servers, and the servers of third parties we hire to provide our services, worldwide. These servers may be located outside the country from which you interacted with Biogen.

We retain your Personal Data for no longer than is necessary for the purposes for which it has been collected.

Your privacy choices

You have the following choices regarding Biogen’s processing of your Personal Data:

Opt-in. When you access any interactive tool or service on the Website that collects Personal Data, you will be asked to affirmatively choose (“opt-in”) to provide the requested Personal Data. You may always choose not to provide the requested Personal Data.

Manage email. You may elect to receive email updates about developments regarding Biogen. If you decide, at any later time, that you no longer wish to receive these emails, you may unsubscribe to any such contact list by using the “Unsubscribe” links within the electronic communication channel, or by sending an email entitled “Unsubscribe” to privacy@biogen.com.

Manage cookies. Most web browsers allow control of cookies through the browser settings. You can set your browser to notify you when you receive a cookie, which will enable you to decide if you want to accept it or not. However, if you do not accept a cookie, certain elements of the Website may not function correctly or completely.

Your privacy rights

Depending on your country of residence, you may have certain rights with respect to Biogen’s processing of your Personal Data; however, please note that some of these rights are limited by applicable Data Protection Law and we have the right to collect, process and hold your Personal Data to perform our legal obligations (for example: data regarding an adverse drug event). We may require you to provide additional information necessary to confirm your identity before we comply with any request made by you.

ARGENTINA

Pursuant to Act No. 25.326 of 2000, Biogen (Argentina) S.R.L., Av. Del Libertador 350 – 7 piso, Vicente López - Buenos Aires – Argentina, is the entity responsible for the database(s) where your Personal Data is stored. You may contact Biogen at any time if you would like to access your Personal Data or require information about the Personal Data that we hold about you.