Legal Notice

Our Legal Notice

This page describes the legal instructions which apply to every Internet-user visiting Elaiapharm.com. In consulting and using this Site you undertake to respect these instructions without reservation. We advise you to consult these instructions regularly, as they may be modified from time to time and without notice.

You are visiting Elaiapharm website www.elaiapharm.com – (hereafter refered as to “Site”)

 

This website is owned and provided by:

 

Elaiapharm SAS, belonging to Lundbeck Group

2881 Route des Crêtes

BP 205 Valbonne

06904 Sophia Antipolis Cedex

France

Company registration number: RCS Grasse 411 200 165

 

The following legal mentions apply to all internet user visiting this Site. We advise you to read them carefully before visiting the Site. By accessing and using the Site, you undertake to respect the present legal mentions without reservation. We recommend the internet user to consult the content of the legal mentions regularly as the content may be modified at any time and without notice.

 

1. Site Terms of Use

The Site and its content have been created in compliance with the law and rules applicable in France. Elaiapharm reserves the right to modify the content at any time and/or to suspend or interrupt any or of all of the functionalities of this Site. Neither Elaiapharm nor any other party involved in the creation, production and distribution of this Site shall be liable of any damages – including without any reserve direct, indirect, incidental or punitive damages – arising out of access to, use or inability to use this Site, or any errors or omissions in the content thereof. This limitation includes any damages to or virus that may damage or render unusable your computer equipment or due to access, use or browsing in the Site or downloading any data, information, text, image, video or sound following visit of this Site. You are not authorized to copy, modify, transmit, use, reuse, display the content of this Site for public or commercial purposes, including the texts, images, capturing sounds or videos without prior written consent of Elaiapharm. You are prohibited from addressing or transmitting any data constituting a breach or an offence or that can encourage a behavior likely to infringe the law and engage the civil or penal liability of its author. Elaiapharm will closely cooperate with the competent authorities that may ask for the identity of person who originates those data or products. It is  understood that everything contained in this Site is, unless stated otherwise, protected by copyright, and may not be used outside this present Terms of Use and those specific to this Site without prior written consent of Elaiapharm.

 

2. Content

The purpose of this Site is to inform the general public about information on Elaiapharm in France, company working in the manufacturing of pharmaceutical drugs field and to provide information on its activities, products and services. Elaiapham activities are highly regulated and controlled by the National Agency for the Safety of Medicines and Health Products (L'Agence nationale de sécurité du médicament et des produits de santé or ANSM). The regulations frames and constraints the communication in terms of health or use of products produced by Elaiapharm.

 

The health and medical information published on the Site are provided only for information purposes and should under no circumstances replace the recommendation, consultation or opinion from healthcare professionals. They are not intended to replace a schooling or educational program too. You must in no event use that information to establish a diagnosis in relation with a disease or a physical problem or in order to prescribe or use any medication presented on the Site. In all cases, you should always consult your doctor or your pharmacist. Expert opinions concerning a particular area in relation with the Site content or press article extract shall be posted on the Site. Such experts are not employees of Elaiapharm and Elaiapharm may under no circumstances be held liable for the completeness and accuracy of any information and opinion expressed. Expert opinion only reflects the personal view of that expert and in no case shall it be regarded as the opinion of Elaiapharm. Consequently, Elaiapharm shall not incur any liability whatsoever in regard to the use of the Site or its content, in case of any proven or alleged damage resulting directly or indirectly from the consultation or use of this information.

 

Although Elaiapharm may occasionally moderating or validating discussions, interviews, transmittal, summary or all others on its Sites, Elaiapharm is under no obligation to do so and shall accept no liability in this regard owing to wrongdoing, errors or breaches of any kind in the content or coming from data.

 

The Site may also contain financial information which shall not be considerated as an encouragement to invest. They shall not be interpreted as canvassing or public offering and do not constitute either an offer to subscribe, purchase or exchange of shares or other Elaiapharm or Lundbeck Group securities.

 

3. Cookies

When you visit this website your online device will automatically receive one or several cookies, which are transferred from this website to your internet browser.

 

3.1 What is a cookie?

A cookie is a small text file. It does not contain any personal information and it not able to collect information.

 

Two types of cookies can be used, "session-only" and "persistent". "Session-only" cookies are deleted when you end your browser session. "Persistent cookies" remains on your device for the time period set in the cookie after which time they delete them selves. However, these cookies may be renewed every time you visit the website.

 

3.2 Why does Elaiapharm use cookies?

Elaiapharm is interested in knowing how the content provided is used. The information is used only to define where the visitors come from, what content is viewed and for how long. These cookies allow a more detailed level of tracking to fine tune our usage reports and thereby gain a better understanding of potential areas of improvement so that Elaiapharm can continue to improve the relevance of and accessibility to the content we provide. This information cannot be used to identify a visitor as an individual.

 

3.3 How to avoid or delete a cookie

Most internet browsers allow you delete, block or alert you before a cookie is saved/stored on your online device. Depending on which online device you use, you can in its settings get information on how you set your browser to handle cookies.

 

3.4 Can I still visit the website if the cookie-function is disabled?

Yes. Should you have cookies disabled on your online device, you will continue to have the same access to the website content as with cookies enabled. However, some functions such as surveys and tools might operate with reduced functionality or not at all.

 

3.5 Third parties

This website uses cookies from Google analytics, Add This and "The newsmarket" to measure the traffic on the website.

 

4. Intellectual property rights

The content of the Site is subject to copyright protection and other intellectual property rights. The company names, trade names, logos and all product names on the Site www.elaiapharm.com are trademarks owned by Elaiapharm or Lundbeck Group and are protected under intellectual property laws or are subject to an authorization for use.

 

Any total or partial use, in the form of reproduction, distortion, modification, downloading, transmission or distribution of an information, text or document on the Site is subject to prior written consent from Elaiapharm.

 

The content of the Site may not be copied other than for personal and non-commercial use, with all copyright or other proprietary notices retained.

 

Any cession or licensing of constituent parts of the Site is subject to prior written consent from Elaiapharm. Violation of these rights may lead to legal action.

 

The following notice shall appear on all copies authorized in whole in or in part of the Site content:  "copyright©Elaiapharm. ALL RIGHTS RESERVED".

The Site may contain or refer to trademarks, patents, private data, technologies, products, processes or any other proprietary rights of Elaiapharm or of Lundbeck Group and/or third parties. None of the information contained in this Site shall be construed as conferring any license or right as to a patent or registered trademark of Elaiapharm, of Lundbeck Group or of a third party. Elaiapharm reserves the right to prosecute any acts of counterfeiting committed against its intellectual property rights.

 

5. Links to other websites

This Site may contain links to third party websites.

 

Elaiapharm shall not be held liable for third-party websites for which you may have access via the Site. We have no way of controlling the content of these third-parties website which remain totally independent of Elaiapharm. In addition, the existence of a link between the Site and any third-party website in no way implies that Elaiapharm in any way approves of the content of this website, or, moreover, any use to which such content may be put.

 

Furthermore, it is your responsibility to take the necessary precautions to prevent the Site being contaminated by, including, but not limited to, one or more “viruses”.

 

External websites may contain hyperlinks leading to the Site. Any such hyperlink shall not be installed without express prior consent of Elaiapharm. In any case, Elaiapharm shall not be liable for the unavailability of such external websites and does not review, control, approve, nor is it responsible for any content, advertising, products or other materials available on or accessible via those websites.

 

The use of the Site www.elaiapharm.com by other websites or elements from third-party websites is forbidden. The hyperlinks or any other process to include content of this Site into third-party websites is also forbidden.

 

6. Processing of Personal Data

The following describes how we handle personal data collected via the website as well as other legal information regarding our practices for this website.

 

As a provider of this website Elaiapharm is a data controller of any personal data collected. Elaiapharm is firmly committed to protecting the privacy of information we may collect from our online visitors.

 

In processing personal data, Elaiapharm will always comply with applicable legislation, including the General Data Protection Regulation (“GDPR”) and and the French Law « Informatique et Libertés » from 6 January 1978.

 

6.1 Personal identifiable data and purposes

 

General personal data:

Elaiapharm collects personally identifiable data such as names, email address, title, work place, investor type, type of requested service from Elaiapharm, for instance, notifications by email when this is provided voluntarily by you.

 

By use of cookies, we will also collect information on how you use our Site and your online behavior. The type of information gathered includes origin of the user, type of browser, operating system and search engine used, and length of visit on the Site. For more information on how we use Cookies, including for profiling purposes, you may refer to Cookie policy in the Legal mentions.

 

Some of the Personal data that are registered are the ones that you voluntary provide when you fill up the forms on line et the other ones are collected automatically. Elaiapharm will do its utmost to regularly improve its Site.

 

When visiting this Site, some data will be collected automatically:

  • Your IP address: an IP address is allocated to your computer by your Internet provider to allow you to access to Internet. This address is generally considered to be non-personally identifiable information because it changes each time you connect.
  • The internet Site address site from which you are directly linked to the Site.
  • The date and time of your visit to the Site and the pages you visited.
  • Your computer’s operating system and browser software. The Site does not use persistent cookies that remain on your hard drive. Some of the Site services use a session cookie, that contain any personal data, generated when visiting and destroyed automatically when the visit ended.

 

Special categories of personal data:

Generally, Elaiapharm does not process special categories of personal data, unless you have provided us with such in-formation, e.g. by contacting us directly.

 

Your data may be processed for the following purposes:

  • To provide access to a specific part of our website, to provide or contact you regarding the services you have requested such as email notification, to carry out surveys about how to improve our service to you such as visitor feedback, to supply a reasonable level of services to our users, for complying with applicable legislation, namely within the pharmaceutical area and for other purposes directly requested by you.

 

6.2  The legal basis of processing of personal data

Elaiapharm processes personal data when you have given your consent, e.g. when accepting the use of cookies on the website.

 

However, in most cases Elaiapharm will process personal data to comply with an agreement with you (GDPR Art. 6 (1) (b)) or to fulfill a legitimate interest, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data (GDPR Art. 6 (1) (f)). A legitimate interest for Elaiapharm can be the desire to improve the Site, our services, examinations in relation to your inquiry, provision of services requested by you etc.

 

The processing of Personal Data relating to one of our medicinal products will most often be processed due to applicable legislation regarding pharmaceutical products, e.g. for pharmacovigilance purposes (GDPR Art. 9 (2) (i)) in case you provide us with this information. In this case, we may process sensitive Personal Data about you.

 

6.3 Disclosure of personal data

Depending on which information you provide us with we may share this with third parties, including partners, collaborators, Lundbeck’s affiliates and/or authorities. For example, we will be obligated to transfer Personal Data to the relevant health authorities, if you provide us with information regarding side effects of one of our medicinal products.

 

6.4 Third Party Data Processors

Elaiapharm may choose to use data processors, e.g. hosting companies, and your Personal Data may then be transferred to and stored by third party specialists engaged by Elaiapharm or other members of our Lundbeck Group, who will process your data on Elaiapharm's behalf and assist in the provision of the content and services you request. These third-party providers will be obligated by Elaiapharm to safeguard the confidentiality of your data and to take adequate technical and organizational measures to protect your data against accidental or unlawful destruction, loss or alteration, unauthorized disclosure or abuse, or other unlawful processing.

 

6.5 Transfer of data to countries outside the EU/EEA

Your personal data is stored on Lundbeck computers/servers within the European Economic Area.

 

However, depending on the nature and context of the Personal Data we obtain via the Site, your Personal Data may be transferred to a country outside of EU/EEA not providing an adequate level of protection. Elaiapharm will ensure that such transfer(s) will be carried out in accordance with the applicable data protection legislation, including the GDPR, for example by choosing a recipient of data that adheres to the EU-US Privacy Shield (if the transfer is to the United States of America) or ensuring that the recipient enters into the EU standard contractual clauses with Lundbeck. The “Standard Contractual Clauses” are available in several languages.

You can find them here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en  

 

If your Personal Data is transferred to other Lundbeck affiliates, the transfer will be based on the Lundbeck Intra Group Agreement set-up, as applicable from time to time. A copy hereof can be obtained by contacting Lundbeck.

 

6.6 Storage of Data (Data Retention)

Elaiapharm will keep your Personal Data only for as long as reasonably necessary for the purposes for which it was collected or received or to comply with any applicable legal or ethical reporting or document retention requirements.

 

6.7 Security measures

Elaiapharm shall ensure to that the recorded data, including your Personal Data, is handled carefully and protected properly according to the currently applicable safety standards. Elaiapharm regularly audits its system for possible vulnerabilities and attacks and when you use our contact form under “Contact us”, the transmission is encrypted.

 

6.8 Your rights as a data subject

Elaiapharm has taken all necessary and adequate steps to protect your Personal Data and ensure your rights as a data subject.

Please note that limitations may apply to your ability to exercise these rights, for example, when your right to obtain the information is found to be overwritten by essential considerations of private interests.

 

According to the GDPR, you have certain rights described below.

  • Right of access: You have the right to request access to the Personal Data Elaiapharm processes about you.  Elaiapharm must provide a copy of the personal data undergoing processing. If your request has been submitted in a commonly used electronic form, the information is provided in an electronic form.
  • Right to rectification: You have the right to have your Personal data rectified should they be inaccurate, including completion of incomplete Personal Data.
  • Right to delation (“right to be forgotten”): Under certain circumstances, you have the right to the delation of your Personal Data.
  • Right to restriction: Under certain circumstances, you have the right to restrict Elaiapharm's processing of your Personal Data.
  • Right to data portability: Where processing is based on a consent and the processing is carried out by automated means, you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format. You have the right to transmit this personal data to a third party without hindrance from Elaiapharm, if technically possible
  • The right to object: Under certain circumstances, you have the right to object at any time to Elaiapharm's processing of personal data concerning you. For example, in case we would use your data for direct marketing activities whereas the processing of your data is based on the article 6 (1)(f) of GDPR.    
  • Automated individual decision-making, including profiling: As a general rule, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or affects you significantly. This does not apply if among other things automated decision-making and profiling are necessary for entering into, or execution of, a contract between you and Elaiapharm.
  • Right regarding post-mortem personal data pricacy: You have the right to set down general or specific instructions for the processing of your personal data post mortem. If processing of your personal data is based on your  consent, you may withdraw your consent at any time. Please note that this does not affect Elaiapharm's processing of your Personal Data prior to the withdrawal of your consent.

 

If you want to exercise any of your rights as described above or have any question to that, please contact the Lundbeck Data Protection Officer by sending an email to dataprivacy@lundbeck.com.

 

 6.9 Lundbeck Data Protection Officer (DPO)

Should you have any questions regarding Elaiapharm's processing of your personnal data, please contact the Lundbeck Data Protection Officer by sending an email to: dataprivacy@lundbeck.com

 

 6.10 Filing of complaint

If your complaint is not resolved by Elaiapharm to your satisfaction, you can choose to file a complaint to the Commission Nationale de l’Informatique et des Libertés (CNIL).

 

CNIL

3 Place de Fontenoy

TSA 80715

78334 PARIS CEDEX 07

Website: https://www.cnil.fr/

 

7. Direct communication

The Site is not intended to receive any confidential information which you may submit.

 

Any questions, comments, suggestions, and so on that you may forward or transmit via the Site will to the fullest extent permitted by applicable law become and remain the property of Elaiapharm and will be treated as non-confidential, non-proprietary information that Elaiapharm may use in any fashion and for any purpose whatsoever.

 

8. Disclaimer of liability

Elaiapharm ensures that reasonable care is being taken to ensure that the Site content is accurate and up-to-date, but all information is provided ‘as is’ and Elaiapharm makes no warranties or representations of any kind as to accuracy, sequence, timeliness or completeness of the Site content and may at any time at its sole discretion change or replace the information on the website and discontinue distributing the site without prior notice.

 

Consequently and with the exception of direct damages resulting in a grave or intentional mistake of Elaiapharm, Elaiapharm shall not be held liable:

 

  • For any imprecision, inaccuracy or omission relating to information on its Site.
  • For any damages resulting from fraudulent intrusion by a third party leading to a modification of the information or elements made available on the Site.
  • And more generally, for all damages, direct or indirect, regardless the causes, origins, natures and consequences, even if Elaiapharm may have been aware of the possibility of such damages caused by (i) the access to anyone on the Site or the impossibility of accessing it (ii) the use of the Site including any damages or virus that may infect your computer system or any other assets and/or (iii) credit given to any information provided directly or indirectly from the Site. The elements of the Site or any other site are supplied “as is” with no guarantee of any kind, implied or explicit relative, without limitation, to their merchantability or fitness for a particular purpose.

 

9. Availability of the Site

You acknowledge that (i) it is technically impossible that the Site will be provided free of defaults and that Elaiapharm can not commit to that; (ii) that defaults may lead to temporary unavailability of the Site; and that (iii)  the Site functioning may be altered by conditions and/or events over which Elaiapharm cannot have any control such as means of transmission and communication  between you and Elaiapharm and Elaiapharm and other networks. Elaiapharm may, at any time, temporarily or in permanent, modify or interrupt, in whole or in part the Site in order to perform maintenance work and/or make improvement and/or changes to the Site.

 

10. Information on products

The information contained and published on the Site may contain direct or indirect references to products, programs or services to Elaiapharm and Lundbeck group that are not announced or available in some countries or some regions or that may be proposed under a different brand and that may be subject to different regulations and conditions of use depending on each country. Such references do not imply the intention of the Lundbeck group to sell products, programs or services within your country. Please contact the local affiliate of the Lundbeck group or your commercial partner for all information concerning products, programs and services available in your country.

 

 11. Advertisement 

The Site hosts institutional links mainly (public, private or associative). Elaiapharm do not control their contents and their editorial content remains free and independent from any commercial or advertisement influence.

 

The Site www.elaiapharm.com refuse publicity in any form. The Site do not run or receive funding from advertising.

 

12. Children

This Site is not intended or designed to attract children under the age of 18 years. We do not knowingly collect personally-identifiable data from any person we know to be under the age of 18 years.

 

13. Financing

This Site is funded by Lundbeck Group – H. Lundbeck A/S which headquarter is based at located at Ottiliavej 9, 2500 Valby, Denmark.

 

14. Governing law and venue

This disclaimer and the contents of this Site shall be governed and interpreted by French law without regard to its conflict of law rules. Any dispute arising out of or in relation to this disclaimer shall, if it cannot be solved amicably, be decided exclusively by the French Courts.

 

15. Changes and questions

Any changes to these legal mentions will be communicated promptly on this page. If you have any further questions concerning Elaiapharm’s legal mentions or the Site in general, please do not hesitate to contact us through the Contact Us page.

 

16. Legal Mentions

 

16.1. Site Editor

Elaiapharm, 2881 Route des Crêtes, BP 205 Valbonne, 06904 Sophia Antipolis Cedex, France

 

16.2. Director of Publishing and Editor Responsible

Director of Publising: Vincent Mermet

Editor Responsible: Inda Ongaro

 

16.3 Website hosting

This website www.elaiapharm.com is hosted by H. Lundbeck A/S, Ottiliavej 9, 2500 Valby, Denmark

Company registration number: 56 75 99 13

Telephone number: + 45 3630 1311

 

16.4 Images-Photos Credits

H. Lundbeck A/S, Ottiliavej 9, 2500 Valby, Danemark