California Privacy Addendum

Fosun Pharma USA, Inc. Privacy Notice Addendum for California Residents

1. Introduction

This Privacy Notice Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in Fosun Pharma USA, Inc.’s (“Fosun” or “we” or “us”) Privacy Notice and describes our collection and use of Personal Information (as defined below). This California Privacy Addendum applies solely to all visitors, users, and others who reside in the State of California (“Consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”) and any terms defined in the CPRA have the same meaning when used in this California Privacy Addendum. 

This California Privacy Addendum applies to information that we collect as described in our Privacy Notice that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“Personal Information”). However, publicly available information that we collect from government records and deidentified or aggregated information (when deidentified or aggregated as described in the CPRA) are not considered Personal Information and this California Privacy Addendum does not apply to such information. 

This California Privacy Addendum does not apply to employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals. Please contact your local human resources department if you are part of our California workforce and would like additional information about how we process your Personal Information.

This California Privacy Addendum also does not apply to certain Personal Information that is excluded from the scope of the CPRA, such as the California Confidentiality of Medical Information Act or certain clinical trial data.

2. Information We Collect About You and How We Collect It

Fosun’s Website collects, and over the prior twelve (12) months has collected, the following categories of Personal Information about Consumers:

Personal Information Category

Applicable Pieces of Personal Information Collected

Identifiers.

A real name; telephone number; e-mail address; address; and other similar identifiers.

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name; address; telephone number; education information; employment information.

Education or employment information.

Education information; employment information.

Internet or other similar network activity.

IP address; browsing history; information on a Consumer’s interaction with a website, application, or advertisement.

Geolocation data.

We collect IP-based information about your physical location or movements. This IP-based information can only identify your physical location or movements to a geographic region, such as town, city, state, and country, but cannot be used to identify your precise physical location or movements.

At your choice, you may also provide additional categories of Personal Information when you contact us or interact with us in person. We will not intentionally collect additional categories of Personal Information without providing you notice.

As further described in To Whom Do We Sell or Share Your Personal Information, we may “sell” any categories of Personal Information for monetary or other valuable consideration; we do not “share” any categories of Personal Information for cross-context behavioral advertising. Under CPRA, “sell” broadly means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal Information by Fosun to a Third Party for monetary or other valuable consideration. “Share” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal Information by Fosun to a Third Party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration. “Third Party” means a person or entity which is not a Consumer or a Service Provider; “Service Provider” means a person or entity that processes Personal Information on behalf of Fosun and that receives Consumer’s Personal Information from or on behalf of Fosun for a business purpose, pursuant to a written contract meeting CPRA’s requirements.

3. Sources of Personal Information

We collect Personal Information about you from the sources described in our Privacy Notice. 

4. Purposes for Our Collection of Your Personal Information

We limit the collection, use, retention, and sharing of Personal Information to that which is reasonably necessary and proportionate to achieve the business purpose for which the Personal Information was collected or processed (for example, please refer to the How We Use Your Personal Information” and “Disclosure of your Personal Information sections of our Privacy Notice). 

Additionally, pursuant to the CPRA, we may use, “sell” for monetary or other valuable consideration, or disclose the Personal Information we collect. Over the prior 12 months, we have used, “sold” for monetary or other valuable consideration, or disclosed the Personal Information we have collected, for the purposes described in our Privacy Notice as well as the following additional purposes:

  • Short-term, transient use, provided the Personal Information that is not disclosed to another third-party and is not used to build a profile about you or otherwise alter your experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
  • Performing services on behalf of Fosun, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.

We do not “share” any categories of Personal Information for cross-context behavioral advertising. Fosun will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

5. Third Parties to Whom Do We Disclose Your Personal Information for Business Purposes

Fosun may disclose your Personal Information to Third Parties for one or more business purposes. In the preceding twelve (12) months, Fosun has disclosed the following categories of Personal Information for one or more of the business purposes described below to the following categories of Third Parties:

We disclose your Personal Information to the categories of Third Parties listed above for the following business purposes:

Personal Information Category

Categories of Third Parties To Whom Your Personal Information is Sold

Internet or other similar network activity.

Analytics services providers.

Geolocation data.

Analytics services providers.

  • Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
  • Helping to ensure security and integrity of our products, services, and IT infrastructure to the extent the use of the Personal Information is reasonably necessary and proportionate for these purposes.
  • Performing services on behalf of us, including providing customer service, providing analytic services, providing storage, or providing similar services on behalf of us.
  • Debugging to identify and repair errors that impair existing intended functionality.
  • Providing information, marketing services, except for cross-context behavioral advertising, to Consumers.
  • Undertaking internal research for technological development and demonstration.

In addition to the above, we may disclose any or all categories of Personal Information to any Third Party (including government entities and/or law enforcement entities) as necessary to:

  • Comply with federal, state, or local laws, or to comply with a court order or subpoena to provide information;
  • Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
  • Cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers’) believe may violate federal, state, or local law;
  • Comply with certain government agency requests for emergency access to your Personal Information if you are at risk or danger of death or serious physical injury; or
  • Exercise or defend legal claims.

6. To Whom Do We Sell or Share Your Personal Information

“Sale” of Your Personal Information for Monetary or Other Valuable Consideration

We do not sell Personal Information as the term “sell” is commonly understood to require an exchange for money. However, the use of analytics cookies on our Website is considered a “sale” of Personal Information as the term “sale” is broadly defined in the CPRA to include both monetary and other valuable consideration. Using this broad definition, our “sale” is limited to our use of third-party analytics cookies and their use in understanding how people use and interact with our Website(s). Our “sales” of your Personal Information in this matter is subject to your right to opt-out of those sales (see Your Choices Regarding our “Sale” or “Sharing” of your Personal Information).

In the preceding twelve (12) months, Fosun has “sold” for monetary or other valuable consideration the following categories of Personal Information to the following categories of Third Parties:

“Sharing” of Your Personal Information for Cross-Context Behavioral Advertising

In the preceding twelve (12) months, Fosun has not “shared” Personal Information for the purpose of cross-context behavioral advertising..

Sale or Sharing of Personal Information of Minors Under the Age of 16

We do not have any actual knowledge that we “sell” the Personal Information of minors under the age of 16 for monetary or other valuable consideration and we do not have any actual knowledge that we “share” such Personal Information for cross-context behavioral advertising without affirmative consent as required by the CPRA. More information on how minors under the age of 16 may change their choice regarding the “sale” or “sharing” of their Personal Information can be found in Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information

7. Consumer Data Requests

The CPRA provides California residents with specific rights regarding their Personal Information. This section describes your CPRA rights and explains how to exercise those rights. You may exercise these rights yourself or through your Authorized Agent. For more information on how you or your Authorized Agent can exercise your rights, please see Exercising Your CPRA Privacy Rights

  • Right to Know. You have the right to request that Fosun disclose certain information to you about our collection and use of your Personal Information over the past 12 months (a “Right to Know” Consumer Request). This includes: (a) the categories of Personal Information we have collected about you; (b) the categories of sources from which that Personal Information came from; (c) our purposes for collecting this Personal Information; (d) the categories of third parties with whom we have shared your Personal Information; and (e) if we have “sold” or “shared” or disclosed your Personal Information, a list of categories of third parties to whom we “sold” or “shared” your Personal Information, and a separate list of the categories of third parties to whom we disclosed your Personal Information to. You must specifically describe if you are making a Right to Know request or a Data Portability Request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
  • Access to Specific Pieces of Information (Data Portability). You also have the right to request that Fosun provide you with a copy of the specific pieces of Personal Information that we have collected about you, including any Personal Information that we have created or otherwise received from a third party about you (a “Data Portability” Consumer Request). If you make a Data Portability Consumer Request electronically, we will provide you with a copy of your Personal Information in a portable and, to the extent technically feasible, readily reusable format that allows you to transmit the Personal Information to another third party. You must specifically describe if you are making a Right to Know request or a Data Portability request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. We will not disclose any Personal Information that may be subject to another exception under the CPRA. If we are unable to disclose certain pieces of your Personal Information, we will describe generally the types of personal information that we were unable to disclose and provide you a description of the reason we are unable to disclose it. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
  • Correction. You have the right to request that we correct any incorrect Personal Information about you to ensure that it is complete, accurate, and as current as possible. You may request that we correct the Personal Information we have about you as described below under Exercising Your CPRA Privacy Rights. In some cases, we may require you to provide reasonable documentation to show that the Personal Information we have about you is incorrect and what the correct Personal Information may be. 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 or if the Personal Information is subject to another exception under the CPRA.
  • Deletion. You have the right to request that Fosun delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your Consumer Request (see Exercising Your CPRA Privacy Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies pursuant to the CPRA. Some exceptions to your right to delete include, but are not limited to, if we are required to retain your Personal Information to complete the transaction or provide you the goods and services for which we collected the Personal Information or otherwise perform under our contract with you, to detect security incidents or protect against other malicious activities, and to comply with legal obligations. We may also retain your Personal Information for other internal and lawful uses that are compatible with the context in which we collected it. 
  • Non-Discrimination. We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not do any of the following as a result of you exercising your CPRA rights: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your CPRA Privacy Rights

To exercise the rights described above, please submit a request (a “Consumer Request”) to us by either: 

Personal Information Category

Categories of Third Party Recipients

Identifiers.

Business partners; affiliates, parents, and subsidiary organizations of Fosun.

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Business partners; affiliates, parents, and subsidiary organizations of Fosun.

Education or employment information.

Business partners; affiliates, parents, and subsidiary organizations of Fosun.

Internet or other similar network activity.

Analytics services providers.

Geolocation data.

Analytics services providers.

  • Calling us at: 609-250-2802
  • Emailing us at: inquiry@fosunpharmausa.com

If you fail to make your Consumer Request in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above or provide you with information on how to submit the request or remedy any deficiencies with your request. 

Only you, or your Authorized Agent that you authorize to act on your behalf, may make a Consumer Request related to your Personal Information. To designate an Authorized Agent, see Authorized Agents below. 

All Consumer Requests must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an Authorized Agent of such a person.
  • 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 which Personal Information relates to you or the individual for whom you are making the request as their Authorized Agent. Making a Consumer Request does not require you to create an account with us. We will only use Personal Information provided in a Consumer Request to verify the requestor’s identity or authority to make the request. 

For instructions on exercising sale opt-out rights, see Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information.

Authorized Agents

You may authorize your agent to exercise your rights under the CPRA on your behalf by providing them with written authorization or with power of attorney to exercise your rights in accordance with applicable laws (an “Authorized Agent”). We may request that your Authorized Agent submit proof of identity and that they have been authorized exercise your rights on your behalf. We may deny a request from your Authorized Agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights.

8. Your Choices Regarding our “Sale” of Your Personal Information

You can find more information about cookies at http://www.allaboutcookies.org. Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize Personal Information sales. 

“Sale” of Your Personal Information

If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information for monetary or other valuable consideration at any time (the “right to opt-out”). We do not sell the Personal Information of Consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time. 

How You May Opt-Out of Our Sale of Your Personal Information

Fosun does not ‘sell’ your Personal Information in exchange for money.  However, we will in this space, offer services imminently permitting you to opt-out of any such sales or sharing of your Personal Information.

9. Personal Information Retention Periods

We will keep your Personal Information for no longer than is necessary for the purpose(s) it was provided for. Further details of the periods for which we retain Personal Information are available on request. However, we may retain any or all categories of Personal Information when your information is subject to one of the following exceptions:

  • When stored in our backup and disaster recovery systems. Your Personal Information will be deleted when the backup media your Personal Information is stored on expires or when our disaster recovery systems are updated; 
  • When necessary for us to exercise or defend legal claims; 
  • When necessary to comply with a legal obligation; 
  • When stored in the same document or record with other Personal Information. Your Personal Information will be deleted upon the expiration of the last exception that applies to such document or record; or 
  • When necessary to help ensure the security and integrity of our Website and IT systems.

10. Changes to This CaliforniaPrivacy Addendum

Fosun reserves the right to amend this California Privacy Addendum at our discretion and at any time. When we make changes to this California Privacy Addendum, we will post the updated addendum on the Website and update the addendum’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

11. Contact Information

If you have any questions or comments about this California Privacy Addendum, the ways in which Fosun collects and uses your information described above and in the Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: