ABOUT THE SAFE HARBOR
The United States Department of Commerce and the European Commission have formulated a set of privacy principles and frequently asked questions (the “U.S.-EU Safe Harbor Framework”) that enable U.S. organizations to satisfy the requirement under European Union (“EU”) law that personal information transferred from the EU to the U.S. be given adequate protection as defined by EU law. In addition, Norway, Iceland and Liechtenstein (the three countries in addition to the EU which make up the European Economic Area or “EEA”) also recognize the U.S.-EU Safe Harbor Framework as providing adequate protection for transfers of personal information to the U.S. The United States Department of Commerce and the Federal Data Protection and Information Commissioner of Switzerland have formulated a similar set of privacy principles and frequently asked questions (the “U.S.-Swiss Safe Harbor Framework”) that enable U.S. organizations to satisfy the requirement under Swiss law that personal information transferred from Switzerland to the U.S. be given adequate protection as defined by Swiss law. Consistent with its commitment to respect privacy, Capsugel has certified its compliance with the Safe Harbor Frameworks with respect to its transfer and use of certain personal data as described in this Policy, and adheres to the Safe Harbor Privacy Principles with respect to that data. To learn more about the Safe Harbor program, and to view Capsugel’s certification, please visit http://www.export.gov/safeharbor/.
This Policy governs Personal Information (as defined below) received from the EEA and/or Switzerland about i) employees (potential, current or former) and their family members, contractors and contingent workers; ii) business entities and individuals referenced in contractual documentation and retained in Capsugel's centralized electronic repository of executed agreements; iii) consumers and healthcare professionals making medical enquiries and requesting medical information relating to Capsugel’s products and iv) business entities and individuals processed within certain information technology applications or platforms that support our business functions and which are hosted, supported or maintained by Capsugel Holdings US, Inc. Personal information that is transferred from the EEA and/or Switzerland to the U.S. is used to carry out and support Capsugel’s human resources, contract management, information technology provisioning and related activities.
LIMITATION ON SCOPE OF PRINCIPLES: Adherence to these Privacy Principles may be limited to the extent
required to meet a legal, governmental, national security or public interest obligation.
“Agent” means any third party that obtains and uses Personal Information on behalf of Capsugel or under Capsugel’s direction.
“Capsugel” means Capsugel Holdings US, Inc. and its subsidiaries, and groups in the United States.
“Personal Information” means any information that identifies or could be used to identify an individual. Personal Information does not include information that is encoded or anonymized so as not to permit identification of the relevant individual, or publicly available information that has not been combined with non-public Personal Information. Notwithstanding the above, to the extent such information is deemed personal information or personal data in an EEA member state or Switzerland, Capsugel will treat such information as Personal Information under this Policy.
“Processing” means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
“Sensitive Personal Information” means personal information about an individual’s race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sexual orientation, physical or mental health condition, and data relating to offenses, and/or criminal convictions. In addition, Capsugel shall treat as Sensitive Personal Information any information received from a third party where that third party determines that information to be sensitive and Capsugel agrees with this determination.
The following privacy principles are based on the Safe Harbor Privacy Principles and apply to the Processing of Personal Information by Capsugel covered by this Policy.
NOTICE: Capsugel will, as required by law, inform individuals about the purposes for which it collects and uses Personal Information, how to contact Capsugel, the types of third parties with which it shares that information, and the choice and means Capsugel offers individuals for limiting the use and disclosure of Personal Information about them. This information will be provided as soon as practicable and, in any event, before Capsugel uses the information for a purpose other than that for which it was originally obtained.
Capsugel may not need to furnish notice where the Processing in question is necessary to respond to a government inquiry; is required by applicable laws, court orders or government regulations; or is necessary to protect Capsugel’s legal interests and providing notice would interfere with the above.
CHOICE: Capsugel will, as required by law, offer individuals the opportunity to choose whether Personal Information about them is Processed for purposes other than those for which the information was originally obtained or was subsequently authorized by the individual (“opt-out”). Unless required by law, Capsugel will not Process Sensitive Personal Information about individuals for purposes other than those for which the information was originally obtained or subsequently authorized by the individual unless the individual affirmatively and explicitly consents to the Processing (“opt-in”).
DATA INTEGRITY: Capsugel seeks to ensure that any Personal Information held about individuals is accurate, complete, current and otherwise reliable in relation to the purposes for which the information was obtained. Capsugel seeks to collect Personal Information that is adequate, relevant and not excessive for the purposes for which it is to be Processed. Capsugel employees have a responsibility to assist Capsugel in maintaining accurate, complete and current Personal Information.
TRANSFERS TO AGENTS OR THIRD PARTIES: Capsugel will only transfer Personal Information about individuals to an agent where the agent has provided adequate assurances to Capsugel that it will protect the information consistently with this Policy. Where Capsugel has knowledge that an agent is Processing Personal Information in a manner contrary to this Policy, Capsugel will take reasonable steps to prevent or stop the Processing.
In the event that Capsugel transfers Personal Information to third parties for their independent purposes, it will notify individuals and provide an opt-out opportunity or obtain an opt-in if the transfer involves Sensitive Personal Information, unless such transfers are otherwise permitted under the Safe Harbor Privacy Principles.
ACCESS AND CORRECTION: Upon request, and as required by law, Capsugel will provide individuals with reasonable access to Personal Information about them, subject to permitted exemptions. Capsugel will also take reasonable steps to allow individuals to review Personal Information about them for the purposes of correcting such information.
SECURITY: Capsugel will take reasonable precautions to protect Personal Information in its possession from loss, misuse, unauthorized access, disclosure, alteration and destruction.
Chief Information Officer
Capsugel Holdings US, Inc.
412 Mt. Kemble Ave Suite 200C
Morristown, NJ 07960
Capsugel has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Privacy Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint or if your complaint is not satisfactorily addressed by Capsugel please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
EFFECTIVE DATE: July 23, 2013