Privacy Policy

At Theravance Biopharma, we take your privacy seriously. Please read the following to learn how we treat your personal information. By using or accessing the Site in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of Theravance Biopharma’s Site is at all times subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use.

 

WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Site or engage with us on social media. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

 

SOURCES OF PERSONAL DATA

We collect Personal Data about you from:

• You:
  • when you provide such information directly to us,
  • and when Personal Data about you is automatically collected in connection with your use of our Site.
• Our subsidiaries and affiliates (together, “Affiliates”), when they provide us with Personal Data about you.
• Third parties, when they provide us with Personal Data about you (“Third Parties”). For example, business partners are Third Parties that share your Personal Data with us.
• Service providers, when they provide us with your Personal Data as part of their service offering (“Service Providers”). For example, we may use Service Providers to analyze how you interact and engage with the Site or help us provide you with customer support.

 

CATEGORIES OF PERSONAL DATA WE COLLECT

The following chart details the categories of Personal Data that we collect and have collected over the past twelve (12) months through this website or through correspondence arising from this website. Throughout this Privacy Policy, we will refer back to the categories of Personal Data listed in this chart (for example, “Category A. Personal identifiers”).

	Category of Personal Data	Personal Data Collected	What is the source of this Personal Data?
A.	Personal identifiers Examples: Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number or other similar identifiers.	Contact details (e.g., name, phone number, email address, postal address or mobile number)	You
B.	Customer records identified by state law (including the California Customer Records statute (Cal. Civ. Code § 1798.80(e))) Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number or any other financial information, medical information or health insurance information.	Contact details (e.g., name, phone number, email address, postal address or mobile number) Resumes/CVs and cover letters and  information generally included in such materials	You / Third Parties / Service Providers  (if you choose to apply for a job using the “Apply with LinkedIn” or similar functionality on our Site)
C.	Internet or other similar network activity information Examples: Browsing history, search history, or information on  a consumer’s interaction with a website, application or advertisement.	Technical information collected from your computer or mobile device (e.g. your IP address, browser type, operating system) Information about your usage of our Site (e.g. the pages you visit, the search terms you use, information about how often you connect to the Site, and the pages you visit on the Site Information which we may generate as a result of your use of our Site	You / Third Parties / Service Providers
D.	Professional or employment-related information Examples: Current or past job history or performance evaluations.	Resumes/CVs and cover letters and  information generally included in such materials	You / Third Parties / Service Providers (if you choose to apply for a job using the “Apply with LinkedIn” or similar functionality on our Site)
E.	Other Personal Information	Any personal information that you choose to provide in correspondences and other communications with us, for example through social media or email,  and that we need to retain in order to manage and/or address our communications with, or requests from, you or to comply with our legal obligations.	You

The following section provides additional information about how we collect your Personal Data.

 

INFORMATION COLLECTED AUTOMATICALLY

The Site uses cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Site, to analyze trends, learn about our user base and operate and improve our Site. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone, or similar device when you use that device to visit our Site. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

Do Not Track Requests. Some web browsers or smartphones have the ability to set “Do Not Track” requests to block user activity from being tracked across web pages or devices. Please note that the Site does not recognize “Do Not Track” signals at this time.

We use the following types of Cookies:

• Strictly Necessary Cookies. Strictly Necessary Cookies enable core functionality. The Site cannot function properly without Strictly Necessary Cookies, and these Cookies can only be disabled by changing your browser preferences.
• Functional Cookies. Functional Cookies enable the Site to provide enhanced functionality and personalization. Functional Cookies are used to record your choices and settings regarding our Site, maintain your preferences over time and recognize you when you return to our Site. These Cookies help us to personalize our content for you, and remember your preferences (for example, your choice of language or region). They may be set by us or by third party providers whose services we have added to our Site. If you do not allow these Cookies, some or all of the related services may not function properly.
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Site such as by collecting information about the number of visitors to the Site, what pages visitors view on our Site and how long visitors are viewing pages on the Site. For example, Google, Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/. Performance/Analytical Cookies also allow us to analyze our Site, which helps us to improve the way our Site works, for example, by ensuring that users can find what they are looking for easily. All information these Cookies collect is aggregated and therefore anonymized.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some of the services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or www.allaboutcookies.org/.

 

HOW WE USE YOUR PERSONAL DATA

We process Personal Data to operate, improve, understand and personalize our Site. We use Personal Data for the following purposes:

• To meet or fulfill the reason you provided the information to us.
• To communicate with you, including through social media, about the Site, including Site announcements or updates.
• To provide support and assistance for the Site.
• To create and manage your account or other user profiles.
• To personalize website content and communications based on your preferences.
• To process transactions.
• To respond to user inquiries and fulfill user requests.
• To improve and develop the Site, including testing, research, analysis and development.
• To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Site.
• To comply with our legal or contractual obligations, resolve disputes, and enforce our Terms of Use.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• For any other business purpose stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without first providing you notice.

As noted in the list above, we may communicate with you if you’ve provided us the means to do so. Also, we may receive a confirmation when you open an email from us, which helps us improve our Site.

 

HOW WE SHARE YOUR PERSONAL DATA

DISCLOSURES OF PERSONAL DATA FOR A BUSINESS PURPOSE

We disclose your Personal Data to service providers and other parties for the following business purposes:

• Auditing related to a current interaction and concurrent transactions, including, but not limited to, auditing compliance with this specification and other standards.
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
• Debugging to identify and repair errors that impair existing intended functionality.
• Short-term, transient use of Personal Data that is not used by another party to build a consumer profile or otherwise alter your consumer experience outside the current interaction.
• Performing services on our behalf, including hosting our site or providing analytic services.
• Undertaking internal research for technological development and demonstration.

We may disclose your Personal Data to the following categories of service providers and other parties:

• Service providers, including:
  • Security and fraud prevention consultants.
  • Hosting and other technology and communications providers.
  • Analytics providers.
  • Staff augmentation and contract personnel.
• Our Affiliates
• Business Partners
• Parties who acquire your
  • Personal Data through an acquisition or other change of control. Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
• Other parties at your direction and/or as authorized by you.

We have disclosed the following categories of your Personal Data collected from this site to service providers or other parties for the business purposes listed above:

• Personal identifiers.
• Customer records identified by state law.
• Internet or other similar network activity information.
• Professional or employment-related information.

 

SALES OF PERSONAL DATA

We do not sell or intend to sell your Personal Information to third parties. We also do not provide your information to third parties for their direct marketing purposes.

 

PROTECTING CHILDREN

Our Website is not intended for users who are 16 years old or younger. We do not knowingly collect or solicit Personal Data from children 16 and under. If we learn we have collected Personal Data from a child 16 or younger, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at dataprivacy@theravance.com or 1-888 532-0188 (US) or +353 1800 944 938 (Ireland). All reports made through this line are anonymous unless the caller identifies themselves. As a result, we will be unable to return calls or request additional required information unless you provide contact information.

 

CALIFORNIA RESIDENT RIGHTS

If you are a California resident, you have the rights outlined in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at dataprivacy@theravance.com or 1-888 532-0188 (US) or +353 1800 944 938 (Ireland).

 

ACCESS

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. We will provide you with the following information:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient.

 

DELETION

You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions. For example, we may need to retain your Personal Data to complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

 

THIRD-PARTY MARKETING AND SELLING

We do not sell your Personal Information to third parties. Our website is not intended for use by children under the age of 16 and we do not knowingly collect or sell information from children under 16 years old.

If you are a California resident, you may request information about our disclosure of Personal Information to third parties or affiliated companies for their direct marketing purposes. To make such a request, please contact us at dataprivacy@theravance.com or 1-888 532-0188 (US) or +353 1800 944 938 (Ireland). You must put the statement “Third-Party Marketing Opt-Out” in the subject field.

 

EXERCISING YOUR RIGHTS

To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

• Emailing us at: dataprivacy@theravance.com
• 1-888 532-0188 (US) or +353 1800 944 938 (Ireland)

If you make a request, we will acknowledge we have received it within ten days. If you do not receive a response, please ensure your request was submitted properly or call us at 1-888 532-0188 (US) or +353 1800 944 938 (Ireland). When calling or emailing, please be sure to identify yourself clearly and provide contact information. If you do not, we will be unable to process your request.

Verification. Before we can respond to your request, we must verify your identity using Personal Information. If we are not able to verify your request, we will contact you for more information if you have provided clear contact information. If we are unable to verify your identify after a good faith attempt, we may deny the request and, if so, will explain the basis for the denial.

Designating an Authorized Agent. You may designate someone to submit requests and act on your behalf (an “Authorized Agent”). To do so, you must provide us with written permission to allow your Authorized Agent to act on your behalf.

 

WE WILL NOT DISCRIMINATE AGAINST YOU FOR EXERCISING YOUR RIGHTS UNDER THE CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you access to our Site if you exercise your rights under the CCPA. However, we may offer different versions of our Site as allowed by applicable data privacy laws (including the CCPA) with varying levels of quality in relation to the Personal Data that we receive from you.

 

EXTERNAL LINKS

When you use this Site, you may find links to other websites we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of your Personal Information. You should review their terms and conditions and privacy policies before proceeding to that site.

 

OTHER STATE LAW PRIVACY RIGHTS

CALIFORNIA RESIDENT RIGHTS

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at dataprivacy@theravance.com or 1-888 532-0188 (US) or +353 1800 944 938 (Ireland).

 

NEVADA RESIDENT RIGHTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at dataprivacy@theravance.com or 1-888 532-0188 (US) or +353 1800 944 938 (Ireland) with the subject line “Nevada Do Not Sell Request” and providing us with your name. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

 

EUROPEAN UNION DATA SUBJECT RIGHTS

EU RESIDENTS

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Theravance Biopharma will be the controller of your Personal Data processed in connection with the Site.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at dataprivacy@theravance.com or 1-888 532-0188 (US) or +353 1800 944 938 (Ireland).

 

PERSONAL DATA WE COLLECT

The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.

 

PERSONAL DATA USE AND PROCESSING GROUNDS

The “How We Use Your Personal Data” section above explains how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

• Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Site and features and functionalities thereof. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Site that require such data.
  • Personal identifiers.
  • Customer records identified by state law.
  • Professional or employment-related information. Other personal information you may provide to us in communications that we require to communicate with you.
• Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
  • Personal identifiers.
  • Customer records identified by state law.
  • Internet or other similar network activity information.
  • Professional or employment-related information.
  • Other personal information you may provide to us in communications that we require to communicate with you.
  • Examples of these legitimate interests include:
    • Operation and improvement of our Site
    • Marketing of our products and Site
    • Provision of customer support
    • Protection from fraud or security threats
    • Compliance with legal obligations
    • Completion of corporate transactions
• Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
• Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

 

SHARING PERSONAL DATA

The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties.

 

EU DATA SUBJECT RIGHTS

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at dataprivacy@theravance.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all parts of our Site.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about Theravance Biopharma’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

 

TRANSFERS OF PERSONAL DATA

The Site is hosted and operated in the United States (“U.S.”) through Theravance Biopharma and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from and may not be deemed or considered as protective as the laws where you reside. By using the Site, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Theravance Biopharma in the U.S. and will be hosted on U.S. servers, and you authorize Theravance Biopharma to transfer, store and process your information to and in the U.S., and possibly other countries. We treat the Personal Data of EU residents in accordance with this Privacy Policy. We take appropriate steps to protect your privacy and implement reasonable security measures to protect your Personal Data in storage. We also enter into contracts with our data processors that require them to treat Personal Data in a manner that is consistent with this Privacy Policy.

 

CHANGES TO THIS PRIVACY POLICY

We’re constantly trying to improve our Site, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the https://www.theravance.com/ website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Site, and you are still responsible for reading and understanding them. If you use the Site after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

 

CONTACT INFORMATION:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, your choices and rights regarding such use, please do not hesitate to contact us at:

• https://www.theravance.com/
• dataprivacy@theravance.com
• Theravance Biopharma US, Inc., Attn: Office of General Counsel, 901 Gateway Boulevard, South San Francisco, CA 94080
• 1-888 532-0188 (US) or +353 1800 944 938 (Ireland)

If you are located in the European Union, you may use the following information to contact our Data Protection Officer and our European Union-Based Member Representative:

• dataprivacy@theravance.com
• +353 1800 944 938 (Ireland)

 

Effective date: November 2019

Last Updated: April 5, 2021