Privacy Notice

Fresenius Kabi USA

Privacy Notice
 

Effective Date: June 2023

Fresenius Kabi is a global healthcare company that specializes in lifesaving medicines and technologies for infusion, transfusion, and clinical nutrition. Our products and services are used to help care for critically and chronically ill patients. To carry out our work we may need to collect, use, and sometimes share your Personal Information. This Privacy Notice will explain how and why we collect, use, and share your Personal Information. It will also explain your privacy rights and how to exercise them.

If you are an employee or have applied for a career with us, our Employee Privacy notice, and not this Privacy Notice, applies to our processing of your Personal Information. If you are a job applicant or employee, please see our Employee Privacy notice here.

The Scope of this Notice

This notice applies to Fresenius Kabi USA’s websites, social media pages, mobile platforms, direct marketing activities as well as healthcare provider and consumer interactions that involve the collection, use, or handling of Personal Information.

The term "Personal Information" as used throughout this Privacy Notice applies to any information that is used by or on behalf of Fresenius Kabi USA 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

Fresenius Kabi USA may collect your Personal Information when you: visit our websites, sign up for product information or mailing lists, purchase a product from us, engage in a contractual relationship with us, visit our sites or facilities, report a possible adverse event or product complaint, interact with our employees or representatives at trade shows or similar events, apply for a job, or through various other engagements you may have with the company.

There may be instances where Fresenius Kabi USA collects Personal Information about you from third parties, such as: third party recruiters, our vendors, our affiliated business entities, trade show hosts, external marketing agencies, publicly available resources (e.g., licensing agency websites), or other relevant sources.

The type of Personal Information that Fresenius Kabi USA collects will vary depending upon the context and the individual’s relationship with Fresenius Kabi USA.

The categories of Personal Information collected may include:

• Contact information (e.g., name, email address, phone number, practice location, organization) Employment information and professional experience
• Travel & expense information
• Payment information
• User account information
• Health and treatment information
• Government/regulatory identifiers, such as DEA or medical license number
• Background check information
• Website browsing information

Information We Collect Automatically

We automatically collect certain information when you access, use, or interact with our websites. We use browser cookies and other tracking technologies (collectively, “Cookies”) to collect and store certain information when you use, access, or interact with our websites, including:

• Browser and device data: We collect your device type, operating system and version, IP address, general geographic location as indicated by your IP address, browser type, screen resolution, device manufacturer and model, language, plug‐ins, add‐ons, and the language version of the website you are visiting.
• Usage data: We collect information about the time you spend on the websites, the content you view and features you access, the pages that led or referred you to our websites, language preferences, how you interact with available content, and entered search terms.

When you visit our websites, we and our partners collect information about your online activities over time and across our different product “microsites” to provide you with advertising about products and services tailored to your individual interests (called “interest‐based advertising”). For example, we utilize certain of our partners’ targeted advertising services to show you our advertisements on other websites based on your prior visits to our websites and other online activity.  Our partners may place or recognize a unique cookie or other tracking technology on your browser (including the use of pixel tags). Where required by applicable laws, we will rely on your consent prior to processing Personal Information from your device or computer for the purpose of interest‐based advertising. Each microsite is operated as a separate web page, each maintaining separate and distinct cookie consent tracking.

We use Google Analytics to help analyze how users use our websites. If you would like to opt-out from the use of your information by Google Analytics, you may use Google’s analytics opt-out browser add-on designed for this purpose.

Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the services may not be available, work, or work as designed. You may also be able to opt out of or block tracking by interacting directly with the other companies who conduct tracking through our services. You can learn more about ad serving companies and the options available to limit their collection and use of your information by visiting the websites for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. Similarly, you can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device. Please note that opting out of advertising networks services does not mean that you will not receive advertising on our websites or on other websites, nor will it prevent the receipt of interest‐based advertising from other companies that do not participate in these programs. It will, however, exclude you from interest‐based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt‐out preferences.

How We Use Your Personal Information

We use your information to operate and improve our websites, perform analytics on our websites, track and understand how you use and interact with our websites, personalize your visit to our websites, measure the usability of our websites and the effectiveness of our communications, otherwise manage and enhance our websites and other aspects of our business, for technical troubleshooting, to maintain and enhance the safety and security of our websites and prevent misuse, to send you marketing communications about the wide array of Fresenius Kabi USA products and services ranging from injectable drugs to transfusion medicine, cell therapy, infusion, and clinical nutrition technologies and across various therapies and treatment options, to measure the effectiveness of our advertisements and to control and limit the frequency of advertisements and other information being displayed to you, invite you to participate in our events, to manage your access to your ordering profile, to manage your access to your job candidate profile, to effect legally‐mandated reporting and retention requirements, to protect against and prevent fraud and other criminal activity, claims and other liabilities, to comply with and enforce applicable legal requirements, relevant industry standards and policies, and to otherwise communicate with you if you have consented in accordance with applicable law.

If at any time you would like to unsubscribe from receiving promotional or commercial emails from us, you can click the unsubscribe link at the bottom of the email or send us an email at privacy@fresenius-kabi.com. Please note that if you opt out of receiving promotional or commercial messages from us, this does not impact other transactional and administrative messages which you will continue to receive (such as emails relating to changes to this Privacy Notice).

How and With Whom We Share Your Information

We may disclose your Personal Information with the following entities:

• With our vendors: We share your information with vendors that provide services on our behalf, such as payment processors, enterprise software providers, customer service, audit and accounting firms, security vendors, marketing and events services, and physical or electronic information storage services. We authorize vendors to use or disclose Personal Information only as necessary to perform services on our behalf or comply with legal requirements. We require our vendors to contractually commit to protect the security and confidentiality of data they process on our behalf.
• With other Fresenius Group companies: We share Personal Information with other Fresenius entities to provide our services and other products and services as well as for internal administrative purposes.
• With our unaffiliated strategic partners: We may share Personal Information with other select unaffiliated entities to carry out joint development, marketing, or management of our products or services.
• With our advertising partners: We share Personal Information with our advertising agencies in support of our marketing campaigns. We authorize these vendors to use or disclose Personal Information only as necessary to perform services on our behalf or comply with legal requirements.
• Where required or permitted by law or in the context of an audit or other review: We share information with law enforcement agencies, courts, other government authorities or other entities, where we believe it is necessary: (i) to comply with a legal or regulatory obligation; (ii) to protect the rights, safety, and property of Fresenius Kabi USA, you or others; and (iii) to respond to requests from courts, law enforcement agencies, regulatory agencies and other public and government authorities.
• In the context of a transaction: We may share Personal Information in connection with the consideration, negotiation, or completion of a corporate transaction, such as a merger or acquisition, divestiture, consolidation, or a sale or transfer of all or a portion of our assets or business, including during the course of any due diligence process, or in the unlikely event of bankruptcy.

We do not share your Personal Information with third parties for those third parties’ direct marketing purposes.

Do Not Track

Our websites do not currently take any action when it receives a Do Not Track request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.

Links to External Websites and/or Online Services

Our websites may contain links to third-party websites and/or online services. Any access to and use of such third-party websites and/or online services is not governed by this Privacy Notice but is instead governed by the privacy policies of those third-party websites and/or online services, and we are not responsible for the information practices of such third-party websites and/or online services.

Rights of Individuals Located in the European Union, United Kingdom or Switzerland

With respect to “personal data” as defined by Regulation (EU) 2016/679 (“GDPR”), any national law of a European Union (“EU”) member state adopted pursuant to the GDPR, the United Kingdom Data Protection Act of 2018 (“UK GDPR”) and the Switzerland Federal Act on Data Protection, we serve as the controller. We collect the personal data described in the section entitled “The Personal Information We Collect” and process such personal data for the purposes set forth in the section entitled “How We Use Your Personal Information.” To learn more about with whom we share your personal data please refer to the section entitled “How and With Whom We Share Your Information”.  

If you reside in the EU, the UK or Switzerland, you have certain rights with respect to your personal data. We will rely on the following legal bases for processing your personal data, depending on our purpose for such processing.

• Consent. We will obtain your consent before using or sharing your data for advertising that is targeted based on your browsing history, online behavior, or other personal data that we or others may have collected about you. If you consent to our use of your personal data for any purpose, you have the right to withdraw consent at any time by contacting us at privacy@fresenius‐kabi.com.
• Legitimate Interests. Fresenius Kabi USA may use your personal data for our legitimate interests, except where such interests are overridden by your interests or fundamental rights and freedoms. We have a legitimate interest in processing your personal data for certain business and safety purposes such as product adverse event reporting; fraud detection and prevention; network and system security; and non‐targeted marketing and advertising. Fresenius Kabi USA also has a legitimate interest in processing your personal data for compliance with applicable law and to defend ourselves against legal claims.
• In Performance of a Contract. We will process your personal data where necessary for the performance of a contract to which you and Fresenius Kabi USA are a party. For instance, if you use our websites or if you contact us to request our products or services, we may use your information to provide to you the features and functionality of our websites or our products and services, including for customer service. We may also process your personal data prior to entering into that contract at your direction.
• Compliance with EU, UK, or Swiss Legal Obligations. We will process your personal data where necessary to comply with our obligations under UK, EU or EU Member State or Swiss law.

If we intend to use your personal data that we have collected for a different purpose other than the purpose disclosed to you, we will provide you with information about the secondary purpose and with any other information necessary to ensure fair and transparent processing prior to such use.

As stated in the section entitled “Personal Information Security and Storage”, we will retain your personal data for as long as we have a relationship with you or for as long as legally required. We will also employ technical and organizational security measures designed to protect the security of your personal data.

As discussed in the section entitled “International Data Transfers”, we have implemented appropriate safeguards in accordance with applicable legal requirements to provide adequate protections for your personal data where such personal data is transferred outside the EU, UK or Switzerland. This may include a data transfer agreement that incorporates Standard Contractual Clauses approved by the EU Commission or Fresenius Kabi Global’s own Binding Corporate Rules (BCRs).

You have the following rights with regard to the personal data we control about you, subject to applicable exceptions, under the GDPR, UK GDPR and Switzerland Federal Act on Data Protection:

• • The right to request confirmation of whether Fresenius Kabi USA processes personal data relating to you, and if so, to request a copy of that personal data;
  • The right to request that Fresenius Kabi USA corrects or updates your personal data that is inaccurate, incomplete, or outdated;
  • The right to request that Fresenius Kabi USA delete your personal data in certain circumstances provided by law;
  • The right to request that Fresenius Kabi USA restrict the use of your personal data in certain circumstances, such as while Fresenius Kabi USA considers another request that you have submitted (including a request that Fresenius Kabi USA make an update to your personal data);
  • The right to request that we export your personal data in a structured, commonly used and machine-readable format to another controller, where technically feasible;
  • The right to object to processing of your personal data based on Fresenius Kabi USA’s legitimate interests at any time, upon which Fresenius Kabi USA will no longer process the data, unless there are compelling legitimate grounds for our processing that override the interests, rights, and freedoms of the data subject, or the processing serves the purpose of asserting, exercising, or defending legal claims; and
  • The right to withdraw consent at any time, where Fresenius Kabi USA is processing your personal data based on your consent.
• You have the right to make a complaint with your local data protection authority if you believe that the processing of your personal data infringes your rights under the GDPR, UK GDPR or Switzerland Federal Act on Data Protection. Contact details for data protection authorities are available here. However, we would appreciate the opportunity to resolve your concerns before you file a complaint. If you have concerns, please contact us at privacy@fresenius‐kabi.com.

In order to exercise your data protection rights, you may contact Fresenius Kabi USA by emailing us at privacy@fresenius‐kabi.com. In order to verify your identity, we may require you to provide us with personal data prior to accessing any records containing personal data about you.

Rights of California Residents

Residents of the State of California have the right to request and receive, free of charge, once per calendar year, information from Fresenius Kabi USA regarding other companies to whom the company has disclosed certain categories of information during the preceding year for the other companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please email us at privacy@fresenius‐kabi.com or write to us at:

Attn: Legal Department (Privacy Office)
Fresenius Kabi USA LLC
Three Corporate Dr.
Lake Zurich, IL 60047

The California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CPRA”) provides California residents with certain rights. Certain information we collect may be exempt from the CPRA because it is considered public information (i.e., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.

To the extent that we collect Personal Information that is subject to the CPRA, that information, our practices, and your rights are described below:

• Right to Know and Access Information. You have the right to request that we disclose to you the categories and specific pieces of Personal Information collected about you and the categories of sources from which that information is collected, the business or commercial purposes for which we collect, sell or share it, and the third parties and service providers with whom we disclose it. You also have right to request that we disclose to you the categories of Personal Information that we have sold or shared about you and the categories of third parties to whom the Personal Information was sold or shared, by category or categories of Personal Information for each third party to whom the Personal Information was sold or shared, and the categories of Personal Information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request.
• Right to Request Deletion of Information. You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
• Fresenius Kabi USA’s Statement Concerning its Sale or Sharing of Personal Information to Third Parties. As a pharmaceutical and medical device company, Fresenius Kabi USA does not receive any form of monetary consideration for the transmission of your Personal Information. Where Fresenius Kabi USA does disclose your Personal Information to third parties, the disclosure is made for specified purposes directly related to the delivery of a needed service. Our third‐party partners are not permitted to use your Personal Information in any manner other than what is necessary to fulfill the services requested. However, we do use third-party Cookies for targeted advertising purposes. The collection of data through certain third-party Cookies for our targeting advertising purposes may be considered a “sale” and is considered “sharing” under the CPRA. To opt-out of having your information sold and shared with third-party website analytics and digital advertising service providers for this purpose, visit our website and click the “cookie settings” icon to adjust your preferences. 
• Right to Correct Inaccurate Personal Information. You have the right to request that we correct any inaccurate Personal Information about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
• Right to Limit the Use and Disclosure of Sensitive Personal Information. You have the right to direct us to limit our use of your sensitive Personal Information (i) to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services; (ii) for certain business purposes; and (iii) as authorized by the implementing regulations of the CPRA. We do not use or disclose your sensitive Personal Information for purposes other than the aforementioned purposes.
• Right Not to be Discriminated Against. You have the right not to be discriminated against because you exercised any of your aforementioned rights.

How to Submit a Request. You may submit a verifiable request to exercise your rights by: calling us at 888-985-1068, visiting https://www.fresenius-kabi.com/us/data-privacy-contact, emailing us at privacy@fresenius‐kabi.com, or writing us at:

Attn: Legal Department (Privacy Office)
Fresenius Kabi USA LLC
Three Corporate Dr.
Lake Zurich, IL 60047

If you maintain an online account with us, we will verify your identity for a request through the normal account authentication process, meaning you will need to sign on with your username and password.

To submit a verifiable request, you will be asked to provide certain information to help us verify your identity. The information we ask you to provide to initiate a request may differ depending upon the type of request, the type, sensitivity, and value of the Personal Information that is the subject of the request, and the risk of harm to you that may occur as a result of unauthorized access or deletion, among other factors.

You may make a verifiable request on behalf of your minor child. You may also designate an authorized agent to make a request on your behalf by providing the agent with signed written permission to do so.

If we cannot verify your identity or authority to make the request, we will not be able to comply with your request. We will inform you if we cannot verify your identity or authority. We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

How we collect, use, disclose, sell, and share Personal Information. Fresenius Kabi USA has collected the following categories of Personal Information and used, disclosed, sold, or shared such information in the twelve (12) months prior to the effective date of this Privacy Notice:

Sensitive Personal Information. Fresenius Kabi USA has collected the following categories of sensitive Personal Information and used, disclosed, sold, or shared such information in the twelve (12) months prior to the effective date of this Privacy Notice:

Fresenius Kabi USA collects the Personal Information described above from or through the sources set forth in the section entitled “The Personal Information We Collect”.

Fresenius Kabi USA collects and discloses the Personal Information described above for a variety of business purposes as described in the section entitled “How We Use Your Personal Information”.

As stated in the section entitled “Personal Information Security and Storage”, we will retain your personal data for as long as we have a relationship with you or for as long as legally required. 

Personal Information of Minors. Fresenius Kabi USA does not have actual knowledge that it sells or shares Personal Information about minors under the age of 18.

Rights of Nevada Residents

Under Nevada law, Fresenius Kabi USA does not sell your Personal Information. However, if you are a Nevada resident, you may submit a request that we not sell any Personal Information we have collected about you by contacting us at privacy@fresenius‐kabi.com.

Personal Information Security and Storage

We implement and maintain appropriate organizational, technical, and administrative security measures designed to safeguard your Personal Information against unauthorized access, destruction, loss, alteration, or misuse. We evaluate and update these measures on an ongoing basis and ensure reasonable security measures are deployed consistent with industry standards. However, no Personal Information system can be 100% secure, so we cannot guarantee the absolute security of your Personal Information. Users of our websites are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our websites. To protect us, you and your data, we may suspend your use of our websites, without notice if any breach of security is suspected. Access to and use of password protected and/or secure areas of our websites are restricted to authorized users only. Unauthorized access to such areas is prohibited.

We retain your Personal Information for as long as we have a relationship with you or for as long as legally required. When deciding how long to keep your Personal Information after our relationship with you has ended, we consider our legal and regulatory obligations and internal Personal Information management policies. For example, we may retain records to investigate or defend against potential legal claims or where required by law. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

International Data Transfers

Your information may be transferred to, stored, and processed in a country that does not provide the same level of protection for Personal Information as the laws of your home country and may be available to the government of those countries under a lawful court order made in those countries. Where Fresenius Kabi USA transfers personal data outside the EU, we do so in accordance with the terms of this Privacy Notice and applicable data protection law. This may include a data transfer agreement that incorporates Standard Contractual Clauses approved by the EU Commission or Fresenius Kabi Global’s own Binding Corporate Rules (BCRs).

We have put in place appropriate safeguards in accordance with applicable legal requirements to provide adequate protections for your Personal Information.

Children

We do not knowingly collect or maintain Personal Information from any person under the age of 18. No parts of our websites are directed to or designed to attract anyone under the age of 18.

How to Contact Us

If you have questions, requests, or complaints related to your privacy, or if you would like to exercise your data protection rights, please contact us at privacy@fresenius‐kabi.com. You may also contact us by physical mail:

Attn: Legal Department (Privacy Office)
Fresenius Kabi USA LLC
Three Corporate Dr.
Lake Zurich, IL 60047

Updates to this Privacy Notice

Fresenius Kabi USA reserves the right to amend this Privacy Notice as necessary to reflect technological advancements, legal and regulatory changes, and good business practices. If Fresenius Kabi USA changes its privacy practices, a new Privacy Notice will reflect those changes and the effective date of the revised Privacy Notice will be set forth above. Fresenius Kabi USA will provide you with notice of changes as required under law.