PRIVACY STATEMENT

Allergan United States Privacy Statement

Effective January 1, 2020 .

Allergan plc including the Spotlyte ^TM; website and mobile applications (collectively, the “Platform”), and their global affiliates (hereafter “Allergan”) collect Personal Data to serve and communicate with you.

This Privacy Statement applies to the operation of U.S. websites, including the Platform,
and other applications (including mobile applications), and digital services
that directly link to this statement and explains how Allergan collects, uses, and discloses your Personal Data and answers questions regarding privacy and security.

Allergan’s global affiliates may have additional privacy statements which are specifically tailored to the laws in those countries. Those privacy statements are available when you click on “Privacy” in the footer of our affiliate websites.

 Additionally, pursuant to the California Consumer Privacy Act (“CCPA”) we have developed a
California Privacy Policy
for consumers who reside in California.  Part II of this Privacy Statement has general information regarding collection, use and disclosure of Personal Data for all users except for California Consumers who should instead consult the
California Privacy Policy
.

. . . . .

Part I. EU – US and Swiss – US Personal Data Transfers

1. EU-US and Swiss-US Privacy Shield Notice

Allergan and its affiliates in the United States may receive Personal Data from individuals in the European Economic Area and/or Switzerland. Allergan, and its affiliates adhere to the United States-European Union and the United States-Swiss Privacy Shield Principles (Privacy Shield Principles), with respect to the collection, use, and retention of Personal Data from the European Economic Area and Switzerland.  If there is any conflict between the terms in this Privacy Statement and the Privacy Shield Principles, with respect to the processing of Personal Data from the European Economic Area and/or Switzerland, the Privacy Shield Principles shall govern.  For more information about the Privacy Shield Framework, and to view Allergan’s certification, go to privacyshield.gov. 

In compliance with the Privacy Shield Principles, Allergan is committed to resolving complaints about our collection or use of your Personal Data.  European Union and Swiss individuals with inquiries or complaints regarding our compliance with the Privacy Shield Principles should first contact Allergan as discussed below in the “How to Contact Us” section.  Additionally, the International Centre for Dispute Resolution (“ICDR”) acts as Allergan’s third-party dispute resolution provider, as required by the Privacy Shield Framework. If you have a complaint concerning Allergan’s Privacy Shield compliance, you may either contact Allergan directly as set forth below or contact ICDR at icdr.org/support.  In certain circumstances, it may be possible for you to invoke binding arbitration.  Allergan is subject to the investigatory and enforcement powers of the United States Federal Trade Commission, with respect to its adherence to the Privacy Shield Principles.

Allergan has further committed to cooperate with European Union and Swiss data protection authorities (DPAs) with respect to any unresolved Privacy Shield complaints concerning your Personal Data, in the context of the employment relationship.  If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the European Union and/or Swiss DPAs for more information or to file a complaint.  The services of the European Union and Swiss DPAs are provided at no cost to you.

As discussed below in the “When and Why Personal Data is Disclosed by Allergan” section, we may share your Personal Data with our service providers who are bound by law and/or contract to protect your Personal Data and may only use your Personal Data in accordance with our instructions.  Under certain circumstances, Allergan may remain liable for the acts of these third parties, if they subsequently process the data in a manner that is inconsistent with the Privacy Shield Principles.

Also as discussed below in the “When and Why Personal Data is Disclosed by Allergan” section, we may disclose your Personal Data when requested under legal process or as otherwise required by law, such as in response to a subpoena, including to meet national security and/or law enforcement requirements in the United States and other countries where we operate.

Part II.  Collection, Use, and Sharing of Personal Data.

California Consumers please visit Allergan’s
California Privacy Policy
.

2. Types of Personal Data Allergan May Collect

This Privacy Statement explains our practices with regard to “Personal Data.” Personal Data is any information that can be used to identify, locate, or contact you. It also includes other information that may be associated with such Personal Data. Examples of types of Personal Data:

• Contact Data, such as your name, email address, mailing address, email address or phone numbers; 
• Relationship Data, including information about products, treatments and health conditions that are of interest to you and information related to your use of the Platform, beauty services, healthcare and medical aesthetic services, and other products and services that you interact with or that you may reserve through the Platform;
• Transaction Data, including purchases, inquiries, and information about how you use the Allergan websites and mobile applications, as well as other information you provide related to your use of or interaction with the Platform, or other products and services; 
• Financial Account Data, such as your credit card number or Social Security number; 
• Geo-location Data, as may be transmitted to us by your smart phone or other location-aware devices; and/or 
• Job Applicant Data, such as your Contact Data, resume, previous work experience, education, transcript, driver’s license information, social security number or national identification number and information relating to references.
• Internet Usage and Tracking Data, including information related to your use of the Platform and other Allergan websites (such as www.brilliantdistinctionsprogram.com) and third party websites and applications, your browsing history and search history, and other information regarding how you move around, read, or click on items on the Platform and other Allergan and third parties’ websites, applications, or advertisements;
• Health Data, including information you provide about your health or wellness and information about your current or past health conditions, treatments received, or products used, and similar such data that reveals information about your health;

3. How Allergan Collects Personal Data

In most cases, we collect Personal Data directly from you. We will ask you for Personal Data when you interact with us, such as registering on our websites or Platform, using any interactive features, services, or applications, signing up to receive a newsletter or a rebate, participating in a savings program, making a direct purchase, or applying for employment. We may collect additional data from third party data suppliers who enhance our files or from social media sites such as Facebook, if you like our pages or join our communities. 

If you interact with us online, we use cookies and other technological tools and third party services to collect data about your computer and your use of the Platform, our websites, services, and applications. If you use a mobile application that Allergan has developed, that application will inform you of the data that the mobile application collects and what information it may transfer to Allergan.  We treat this data as Personal Data, only when it, or other data that is associated with it, can be used to identify you.  For more information about cookies and other technologies, please see the “Cookies and Other Data Collection Technologies” below

4. How Allergan Uses Personal Data

Allergan may use your Personal Data for its business purposes, such as:

• To provide you with the services offered through the Platform,
• To respond to your requests for information, products, services, including managing your online accounts with us and providing warranty service for certain products; 
• To provide you with general health information (such as information on certain health conditions) as well as information about our products and services; 
• To provide you with marketing communications and offers for products and services, including to deliver advertising to you, either directly through your actions on the Platform or our websites, services or applications, or to create profiles that may or may not refer to you directly, but that enable us to better understand your interests and to provide you with advertising or offers for products and services that we believe may interest you; 
• To administer promotional programs, such as sweepstakes, rewards, and rebate or point programs; 
• To determine if you are eligible for certain products, services, or programs (such as patient savings programs); 
• If you have a business or professional relationship with Allergan, to develop our business relationship with you; 
• If you apply for a job via our career center, to consider you for employment; 
• For our research and development efforts; 
• To anonymize data so that it is no longer Personal Data; 
• For product safety, such as adverse event reporting, or to communicate product safety information to you;
• For other everyday business purposes, such as payment processing and financial account management, product development, contract management, website administration, fulfilment, analytics, fraud prevention, corporate governance, reporting, and legal compliance; and/or
• For any other purposes, where we have obtained your consent for such uses.

5. When and Why Personal Data Is Disclosed by Allergan

Allergan will share Personal Data only in compliance with applicable laws and regulations. For example, we may share Personal Data as follows: 

• We may share Personal Data with your consent, or as part of your use of the services available on the Platform, our websites, applications, or other services, or as you direct. For example, we may share data with doctors’, beauty service providers’, or treatment providers’ offices or other entities with whom we are booking services on your behalf or who provide services to you as part of services or treatments that you request or as part of programs in which you agree to participate.
• We may share Personal Data with our affiliated companies and product co-promotion partners, which may only use Personal Data for the purposes listed herein.
• We may share Personal Data with our service providers, who are bound by law or contract to protect Personal Data and only use Personal Data in accordance with our instructions or the agreements we have signed. For example, we may share Personal Data with vendors who provide data processing or fulfilment services for us.

• We may share your Personal Data with other service providers that provide services for the Platform or for you through the Platform, such as payment services provider Stripe ^® or appointment services providers. Your Personal Data that we share with them and that you directly provide to these service providers may be further used by such service providers to enable and improve the services they are providing to the Platform. Some of the service providers may also be able to use your Personal Data in additional ways as set forth in their separate privacy statements, but all such vendors will sign agreements that require them to use appropriate security and access controls to protect your Personal Data and their privacy statements will be available on their own respective websites.

• We may share Personal Data where needed to affect the sale or transfer of business assets, to investigate legal issues, enforce our rights, protect our property, or protect the rights, property or safety of others, or as needed support external auditing, compliance and corporate governance functions.
• We may also share Personal Data when requested under legal process or otherwise required by law, such as in response to a subpoena, including to law enforcement agencies and courts in the United States and other countries where we operate. 
• Please note that we may also disclose data about you that is not personally identifiable. For example, we may publish reports that contain aggregate and statistical data about our customers. These reports do not contain any data that would enable the recipient to contact, locate, or identify you.

 Part III.  Social Media and Cookies.

6. Cookies and Other Data Collection Technologies

When you visit our websites or use our mobile applications, we collect many different types of data by automated means, using technologies such as APIs, web services, scripts, cookies, pixels, tags, web beacons, browser analysis tools, and server logs.

We may collect data about the device you use to access our websites or services associated with our mobile apps, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country, region and time zone where your device is located.  Our server logs also record the IP address of the device you use to connect to the Internet.  An IP address is a unique identifier that devices use to identify and communicate with each other on the Internet.  We may also collect data about the website you were visiting before you came to our website, and the website you visit after you leave our website.  We may also use vendors, such as Adobe and Google, to place cookies and collect data to enable certain services we use, including advertising, visitor tracking, personalisation, site analytics and security services, including reCAPTCHA, and the data may be disclosed to our vendors for these purposes.

Other data may be disclosed to vendors providing additional services integrated into Allergan websites and mobile apps, including performance monitoring, user experience components such as user interface frameworks, images and web fonts, maps, and ecommerce functionality.

In many cases, the data we collect using cookies and other tools is only used in a non-identifiable way, without any reference to Personal Data.  However, under some privacy and data protection laws, this data could be considered Personal Data.  This Privacy Statement governs how we use this data when it is considered your Personal Data.  For example, we use the data we collect about all website users, including IP address to optimize our websites and to understand website traffic patterns.

When you visit our websites, we may place cookies on your computer.  Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store data or settings in your browser.  Cookies allow us to recognize you when you return.  They also help us provide a customized experience and enable us to detect certain kinds of fraud.  Some of our websites may use Web Storage instead of cookies.

We have separated the cookies that we use on our websites and mobile apps into the following general categories: Functional Cookies, Analytics Cookies, Advertising Cookies, and Social Media Cookies.

Functional Cookies: Functional Cookies are automatically placed on your browser and may involve disclosure of data to our service providers.  Allergan websites use functional cookies, including Session Cookies, to support the functionality of our websites, such as storing user preferences or maintaining a temporary store of values entered into forms.  Session cookies generally expire after a short period of time, while other functional cookies can be cleared by using your browser’s “Forget This Site” functionality or by clearing your browser’s history.

Analytics Cookies: Analytics Cookies are automatically placed on your browser.  Allergan websites and mobile apps collect analytics data to allow us to personalize and enhance your online experience, by analysing repeat visits, user journeys through our websites, and user interaction with website elements.  Allergan websites use first-party cookies for these purposes, while our website analytics vendors, including Adobe and Google, may also place cookies in your browser to provide us with analytics services.

Certain Allergan websites use Adobe Flash Cookies (also known as Local Shared Objects), Microsoft Silverlight, and similar technologies.  Adobe Flash Player is an application that allows rapid development of dynamic content, such as video clips and animation.  Flash Cookies (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies, but these are managed through a different interface than the one provided by your web browser.  For more information about how to manage Flash Cookies and/or Silverlight Cookies, you should refer to those vendors’ privacy and data sharing statements.

Pixels and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action.  When you access these pages or open or click an email, the pixels or web beacons generate a notice to us of that action.  These tools allow us to measure response to our communications and improve our web pages and promotions.

Third Party Advertising Cookies.  We use third party advertising companies to place our ads on other websites. One way we do so is by allowing network advertising companies and social media  (“Network Advertisers”) with whom we work to place their own cookies on the browser of an individual who visits one or more of our sites and who clicks “accept” on the cookie consent banner on the site. This enables these Network Advertisers to place a cookie on your computer and to receive information (including for example your IP Address, internet tracking data, and advertising IDs) from that cookie that may include information about your visits to this and other websites.  This data received by Network Advertisers allows them to measure advertising effectiveness and to provide advertisements on other websites about our goods and services that are tailored to you and that may be of interest to you on these other websites.  These Network Advertisers may in turn disclose your cookie data to other network advertisers to allow these advertisers to display ads to you as well.  Under CCPA these additional disclosures may be considered a sale of personal information

Social Media
Cookies.  Allergan websites use social media plugins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit our website and click “Accept” on the cookie consent banner, the operators of the social plugins and integrated social media platforms can place cookies on your computer, enabling those operators to receive information (including for example your IP address, internet tracking data, and advertising IDs) from those cookies on your computer that allow those operators to see that you have previously visited our site. If you are logged into a social media website (e.g., Facebook, Twitter) while browsing on our website, the social media plugins allow those social media websites to share data about your activities on our website with other users of their social media website. For example, Facebook Social Plugins allows Facebook to show your Likes and comments on our pages to your Facebook friends. Facebook Social Plugins also allows you to see your friends’ Facebook activity on our website. Allergan does not control any of the content from the social media plugins. For more information about social plugins from other social media websites you should refer to those sites’ privacy and data sharing statements.

7. Revoking Consent and Managing Cookies.

To revoke your consent or to opt-out after you have consented to the cookie consent banner, or to manage your cookie preferences, you can delete the cookies on your browser or use the cookie settings on your browser.   All browsers are different, so visit the “Help” section of your browser to learn how to delete the cookies we set in your browser, including the cookie consent, and about cookie preferences and other privacy settings that may be available.  You can opt-out of receiving targeted advertising from Network Advertisers by clicking the “Ad Options” icon on the advertisements or by going to www.networkadvertising.org.  In addition, the Digital Advertising Alliance maintains a web site where consumers can opt out from receiving interest-based advertising from some or all of the network advertising companies participating in the program ( www.AboutAds.info/choices).

 Part IV.  Other Important Information

8. Do-Not-Track Signals and Similar Mechanisms 

Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. Websites linked to this Privacy Statement do not currently respond to these “do-not-track” signals.

9. Tell-A-Friend Functions

Allergan offers “tell-a-friend” functionality on our websites. If you choose to use this function, we will collect Contact Data for your friend. We will automatically send your friend a one-time email with the information you specified or inviting him or her to visit the site. Allergan uses this data for the sole purpose of sending this one-time email and does not retain the data.

10. Your Choices

You can always limit the data you provide to Allergan, but if you choose not to provide certain requested information, you may be unable to access some of the services, offers, and content on our websites. You can also limit the communications that Allergan may send to you by following a simple opt-out process. Simply follow the instructions in our advertisement/promotional emails to opt-out of receiving future marketing communications.

Please note that even if you opt-out of promotional emails, we may still need to contact you with important transactional data about your account or your purchase. For example, even if you opt-out of advertisement/promotional emails, we will still send you a confirmation when you purchase something from our website, a notification of changes to, expiration of, or discontinuation of a program you are enrolled in, and product safety communications.

California Consumers should visit Allergan’s
California Privacy Policy
for the designated methods for making California Consumer Privacy Act data subject rights requests.

11. Data Security

Allergan has implemented a data security program that contains administrative, technical and physical controls that are designed to reasonably safeguard your Personal Data from unlawful use and unauthorized disclosure. The security of information transmitted through the internet cannot, however, be guaranteed. We are not responsible for any interception or interruption of any communications or for changes to or losses of data through the internet. You 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 the Platform, websites, applications or other services. Any access to the Platform, websites, applications, or other services through your user ID and password will be treated as authorized by you. To help protect your Personal Data, we may suspend your use of all or part of the Platform, websites, applications, or services, without notice, if we suspect or detect any security issues.

12. Disclosure to Subsequent Owner or Operator

If all or part of Allergan is sold or merged into another entity, the data we have about you may be transferred to a third party as part of that transaction. We will try to assure that no Personal Data that is transferred will be used or shared in a manner inconsistent with this Privacy Statement without your consent. However, in the event of a sale or merger, your continued use of this site signifies your agreement to be bound by the privacy statement and other applicable terms of the subsequent owner or operator.

13. Consent to Processing in the United States and Elsewhere
This site is owned and operated by Allergan in the United States, but the data you provide will be accessible to our affiliates, vendors, and suppliers in other countries. Furthermore, if you are visiting this site from another country, other than the United States, your communication with us will necessarily result in the transfer of data across international boundaries. The level of legal protection for Personal Data is not the same in all countries. However, we will take the security measures described in this Privacy Statement in an effort to keep your data secure. By using this site, you consent to the collection, storage, and processing of your data in the United States and in any country to which we may transfer your data in the course of our business operations.

14. Privacy Statements of Third Parties

This Privacy Statement only addresses the use and disclosure of data by Allergan. We may provide links to outside websites or advertisements for third parties that have their own privacy statements and data collection, use and disclosure practices. Our independent dealers, suppliers and business partners have their own privacy statements too. We encourage you to familiarize yourself with the privacy statements provided by all third parties prior to providing them with data or taking advantage of an offer or promotion.

15. Children’s Privacy

Allergan websites and applications are not intended to attract children, and we do not knowingly collect any Personal Data from anyone under the age of 13. If you believe your child is using our website, please contact usso we can investigate and delete any data as may be appropriate. 

16. Forums, Product Reviews and Other Public Areas

Our websites may contain forums and other areas where you can publicly post product and service reviews, communicate with others, and submit media content. Prior to posting in these areas, please read our Terms of Use carefully. You have no privacy rights in public postings. All the data you post will be accessible to anyone with Internet access, and any Personal Data you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a review, you may receive unsolicited messages. Please use caution when posting any Personal Data. 

17. Job Applicants

If you have applied for employment with Allergan, the Personal Data submitted with your job application will be used to process and consider your job application. Allergan will not sell the data on your application to unaffiliated third-parties for their marketing purposes. We may share the data on your applications with recruiters, consultants, attorneys, background services and our affiliates. The data on your application may also be used for certain regulatory, compliance and legal purposes, consistent with this Privacy Statement.

To the extent the Personal Data you provide contains details of your: racial or ethnic origin; political opinions or beliefs; religious beliefs; membership in a trade union or political party; physical or mental health condition; sexual life; commission (or alleged commission) of an offence or related proceedings; job evaluations or educational records, you expressly authorize Allergan to handle such details for the purposes of your job application and for the other purposes described herein.

By submitting data to us online, you are sending it to the United States, where it will be subject to the protections afforded under US laws that may be different from the laws in your country and which your country may consider not to provide adequate privacy protections. If you do not agree that your submission of your application data will be governed solely by United States law, Allergan will not accept your application. 

18. Changes to this Privacy Statementh

We will only use Personal Data in the manner described in this Privacy Statement in effect when the data was collected from you. However, we reserve the right to change the terms of this Privacy Statement at any time by posting revisions to our site.  Any changes to this Privacy Statement will be reflected on this page with a new effective date and we encourage you to review this Privacy Statement regularly for any changes. Any Personal Data collected upon your continued use of our websites or mobile applications will be used and disclosed in accordance with the posted Privacy Statement at that time.  Any portions of this Privacy Statement are void to the extent they are prohibited by applicable law.

19. Social Security Number Protection Policy

Allergan collects Social Security numbers in the ordinary course of its business. Allergan has implemented reasonable technical, physical and administrative safeguards to help protect the Social Security numbers from unlawful use and unauthorized disclosure. All Allergan workers are required to follow these established procedures, both online and offline. In particular: 

Access to Social Security numbers is limited to those workers and service providers who have a need to access the data to perform tasks for Allergan. Social Security numbers are only disclosed to third parties in accordance with Allergan’s established Privacy Statement. We will only disclose Social Security numbers: (i) with those service providers, auditors, advisors, and/or successors in interest who are legally or contractually obligated to protect them, or (ii) as required or permitted by law. 

20. How to Contact Us

Please contact us if you have any questions or comments about our privacy practices, your privacy choices, or this Privacy Statement. You can always reach us online at ir-privacy@allergan.com. You can reach us via mail at the address below. If you send us a letter, please provide your name, address, email address, and information about the communication that you do not want to receive. California Consumers should exercise their rights by using our designated methods stated in the
California Privacy Policy.