Policies

Privacy Policy

INTRODUCTION

Supernus Pharmaceuticals, Inc., along with our subsidiaries and affiliates (“Supernus,” “we,” “us,” and “our”) respects your privacy and is committed to protecting your personal information. This Privacy Policy describes how we collect, use, and disclose personal information we receive in course of providing our products and services (the “Services”), which includes when you visit our website www.supernus.com or any of our product-specific websites that link to this Privacy Policy (collectively, the “Website”), or otherwise interact with us directly or indirectly. This Privacy Policy also addresses our privacy practices with respect to job applicant data, but it does not address our treatment of employee data. Also, please note that our handling of pseudonymized clinical trial data is not addressed in this Privacy Policy.

You can also review our Consumer Health Data Privacy Policy here.

INFORMATION COLLECTION

“Personal information” refers to any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.

The personal information we collect about you depends on your relationship with us. We may collect personal information directly from individuals (e.g., from consumers who ask for information about our therapies, from healthcare providers, etc.), indirectly via tracking technologies on our Website, from third parties that provide your information with your authorization or otherwise on your behalf (e.g., information about patients from HUB partners), or from other sources such as advertising and market research partners, social media, or public databases. The personal information we may collect includes the following:

• Contact details such as name, email address, phone number, and address
• Account details such as username and password
• Website tracking data such as IP address
• Professional information such as employer, job title, NPI, business contact information, and education or employment history
• Insurance information such as insurance policy number or other health insurance information
• Commercial information such as samples, products or services purchased, obtained, or considered
• Payment and billing information
• Sensitive personal information such as precise geolocation and consumer health data

We may also collect personal information automatically using various tracking technologies on our Website. The information collected by these tracking technologies may include IP address, precise geolocation, referring URL, device ID, web browser characteristics, and date and time of activity. See further information in the section below.

COOKIES & MARKETING TOOLS

We use cookies and similar technologies such as tracking pixels and web beacons (collectively referred to as “cookies”) to collect user activity information, including your browsing activities and preferences. We may use the following cookies:

• Necessary cookies. These are cookies that are required for the operation of the Website.
• Functionality cookies. These cookies remember choices you make and are used to recognize you when you return to the Website.
• Analytical cookies. These cookies collect information about how you use the Website. They allow us to recognize and count the number of visitors and to see how visitors move around within the Website.
• Targeting or Advertising cookies. These cookies collect information about your browsing activities in order to understand your interests for marketing purposes. We, or third parties, may place or recognize these cookies on your browser when you visit certain websites for the purpose of serving you with advertisements regarding our products and services that may be of interest to you (i.e., retargeting). These cookies may also be used for frequency capping purposes (e.g., to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness. We also use tracking technologies in our advertisements, email newsletters and/or other communications to collect information such as whether you clicked on an advertisement, opened our communication or clicked on any of the content contained therein

Analytics cookies, targeting and advertising cookies, and the user activity information generated from these cookies, are created, stored and/or managed by third party service providers that provide us with web traffic analytics, sales engagement and marketing automation services, such as Google Analytics and others. You can opt-out of Google Analytics by downloading Google’s Opt-Out Browser Add-on.

Some internet browsers offer a “Do Not Track” (“DNT”) feature that sends a signal indicating that a user does not wish to be tracked across websites. Because there is no consistent industry standard for recognizing or honoring DNT signals, our Website does not respond to DNT signals. However, where required by applicable law, we recognize and honor browser-based opt-out preference signals such as the Global Privacy Control (“GPC”). When a valid GPC signal is detected from your browser, we treat it as a request to opt out of the sale or sharing of personal information and targeted advertising associated with that browser or device.

You can manage your cookie preferences at any time through our privacy preference center, accessible via the footer of our Website.

INFORMATION USE

We process personal information for a variety of purposes, including to:

• Respond to your questions and communicate with customers and prospective customers.
• Solicit feedback from customers and prospective customers.
• Provide patient and customer support and process reports and inquiries related to quality control, returns and refunds, and adverse events.
• Operate, manage, and run our business and maintain records.
• Provide, develop, improve, and maintain our products and Services.
• Analyze and better understand consumers’ needs, preferences, and interests and conduct analysis and research.
• Advertise and promote our products and Services, including by contacting you to market products, services, and topics that may be of interest to you or otherwise provide you with news, announcements, or updates.
• Engage with current and prospective advertisers, advocacy organizations, service providers, and third parties.
• Collect and analyze information about characteristics and behavior of visitors to our Website.
• Undertake quality and safety assurance measures and conduct risk and security controls and monitoring.
• Detect and prevent fraud and perform identity verification.
• Perform accounting, audit, and other internal functions, such as internal investigations.
• Evaluate job applicants for employment.
• Comply with law, regulation, legal process, and internal policies.
• Exercise and defend legal claims.
• For any other purpose you may agree to at or before the time your personal information is collected.

We may also aggregate and/or anonymize personal information and analyze that data for statistical or any other purposes permitted by law.

INFORMATION DISCLOSURE

We disclose personal information in the following ways:

• To affiliates and subsidiaries within our corporate family.
• To service providers who process personal information on our behalf, including service providers who provide order fulfillment and returns processing, data hosting, information technology support, email hosting, marketing, and analytics services, and other services for the operation of our business.
• To third-party marketing, advertising, analytics, and social media companies, who may process personal information for their own purposes.
• To our business partners including pharmacovigilance partners or other partners regarding processing insurance claims.
• To certain other third parties with your consent or direction such as healthcare providers, pharmacies, or insurers.
• To third parties as deemed necessary to protect our rights, defend or pursue a legal claim, or investigate or prosecute illegal activities.
• To institutional review boards, government, or judicial authorities or agencies to comply with a subpoena, court order, governmental inquiry, legal process, legal obligation, or to protect the rights, property, or safety of other users or the public. This includes complying with adverse event reporting obligations.
• To a successor entity or purchaser upon a merger, consolidation, or other corporate reorganization in which we participate, or pursuant to a financing arrangement or event of bankruptcy.

Supernus does not sell personal information for monetary consideration, though certain of our digital analytics and advertising activities may constitute a “sale” or “sharing” of personal information as those terms are defined under applicable privacy laws (see further discussion in Your Privacy Rights and Additional Information for California Residents sections below).

DATA SECURITY

We use reasonable administrative, technical, and physical safeguards designed to ensure that the personal information we collect is protected from accidental or intentional manipulation, loss, destruction, or access by unauthorized persons. We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of personal information, however, no data transmission or storage system is guaranteed to be 100% secure in all circumstances.

RETENTION OF PERSONAL INFORMATION

We retain the personal information we collect as long as it is needed to provide our Services, to respond to inquiries, or as required by contractual, statutory, or other legal obligations.

THIRD PARTY LINKS

For practical reasons and for your information, our Website may contain links to other websites, such as links to our profile pages on social media sites. Supernus exercises no control over such other websites and is not responsible for the content thereon. This Privacy Policy does not apply to third party websites, and we recommend that you review the online privacy policy of any website you visit to determine how the operator handles personal information collected through its website.

CHILDREN’S PRIVACY

Our Website is not intended for use by children under the age of 16 and we do not knowingly collect personal information from children under 16. If we learn we have inadvertently collected personal information from children under 16 years old through our Website, we will take steps to delete that information. Although some of the pharmaceuticals we market are intended for use by children, our marketing of such as well as our Website is directed at parents of children. Supernus does not have actual knowledge that it collects, sells, or shares for cross-context behavioral advertising the personal information of individuals under 16 years of age.

INTERNATIONAL USERS

Supernus is located in the U.S. By visiting the Website or otherwise using the Services, you acknowledge and agree that your personal information may be processed as set forth in this Privacy Policy and it may be processed in a country other than your country of residence, where laws regarding processing of personal information may be less stringent than the laws in your country.

YOUR COMMUNICATION CHOICES

Please note that marketing emails you receive from us will include an “unsubscribe” link. However, if you would like Supernus to delete all of the personal information we maintain about you, including your email address, please submit a request to delete your personal information.

YOUR PRIVACY RIGHTS

Depending on your state of residence, you may have the following rights with respect to the personal information we maintain about you. Depending on the jurisdiction, these rights may apply specifically to consumer health data. Please note that these rights are not absolute, they may apply only in certain circumstances, and we may decline your request as permitted by law.

• Right to Confirm / Access / Know. You may have the right to request access to personal information that we hold about you, including details relating to the ways in which we collect, use, and share your information. Residents of California have the right to know the categories of personal information we have collected about them, the categories of sources from which the personal information is collected, the categories of personal information sold, shared, or disclosed, the business or commercial purpose for selling, sharing, or disclosing the personal information, and the categories of third parties to whom we have sold, shared, or disclosed their personal information. California’s “Shine the Light” law also permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.
• Right of Portability. You may have the right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party. who provide order fulfillment and returns processing, data hosting, information technology support, email hosting, marketing, and analytics services, and other services for the operation of our business.
• Right to Delete. You may have the right to request that we delete personal information we maintain about you.
• Right to Correct. You may have the right to request that we correct inaccurate personal information we maintain about you.
• Right to Withdraw Consent. You may have the right to withdraw your consent to the processing of your personal information.
• Right to Limit Use and Disclosure of Sensitive Personal Information. You may have the right to limit the processing of your sensitive personal information.
• Right to Opt-Out. You may have the right to opt-out of certain uses of your personal information such as for (i) targeted advertising, (ii) “sale” or “sharing” for cross-context behavioral advertising, or (iii) profiling or automated decision-making activities that result in a legal or similarly significant effect on you. You may opt out of the sale or sharing of personal information and targeted advertising by clicking the “Do Not Sell or Share My Personal Information” or “Your Privacy Choices” link available in the footer of our Website and adjusting your privacy preferences. Your choices will apply to the browser and device from which you submit your request. In addition, where required by law, we honor Global Privacy Control (GPC) signals as an opt-out request.
• Right to Appeal. You may have a right to appeal our decision if we decline to process your request in part or in full. You can do so by replying directly to our denial. If you are not satisfied with our response to your appeal, you may contact your state Attorney General.

Requests to exercise these rights may be made using the contact information listed at the end of this Privacy Policy, or as otherwise described in this section. Only you, or as permitted by law, a person that you authorize to act on your behalf, may make a request related to your personal information. For certain requests, we must verify your request before we can fulfill it. Verifying your request will require you to provide sufficient information for us to reasonably confirm that you are the person about whom we collected personal information or that the requestor is authorized to act on your behalf. We will not discriminate against you for exercising your privacy rights.