Privacy Notice

Fresenius Kabi USA

Privacy Notice
US Residents Only

Effective Date: December 9, 2021

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

The Scope of this Notice

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

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

The Personal Information We Collect

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

There may be instances where Fresenius Kabi USA collects Personal Information about you from third parties, such as: third party recruiters, our vendors, our affiliated business entities, trade show hosts, external marketing agencies, or other relevant sources.

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

The categories of Personal Information collected may include:

  • Contact information
  • Employment information and professional experience
  • Travel & expense information
  • User account information
  • Heath and treatment information
  • Government identifiers
  • Background check information
  • Website browsing information

Information We Collect Automatically

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

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

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

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

How We Use Your Personal Information

We use your information to send you email marketing communications about Fresenius Kabi USA products and services, invite you to participate in our events, to manage your access to your ordering profile, to manage your access to your job candidate profile, to effect legally‐mandated reporting and retention requirements, and to otherwise communicate with you if you have consented in accordance with applicable law.

If at any time you would like to unsubscribe from receiving promotional or commercial emails from us, you can click the unsubscribe link at the bottom of the email or send us an email at privacy@fresenius-kabi.com.

How and With Whom We Share Your Information

We may disclose your Personal Information with the following entities:

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

Rights of Individuals Located in the European Union or United Kingdom

If you reside in the European Union ("EU") or the UK, you have certain rights with respect to your Personal Information. We will rely on the following legal bases for processing your Personal Information, depending on our purpose for such processing.

  • Consent. We will obtain your consent before using or sharing your data for advertising that is targeted based on your browsing history, online behavior, or other Personal Information that we or others may have collected about you. If you consent to our use of your Personal Information for any purpose, you have the right to withdraw consent at any time by contacting us at privacy@fresenius‐kabi.com.
  • Legitimate Interests. Fresenius Kabi USA has a legitimate interest in processing your Personal Information for certain business and safety purposes such as product adverse event reporting; fraud detection and prevention; network and system security; and non‐targeted marketing and advertising. Fresenius Kabi USA also has a legitimate interest in processing your Personal Information for compliance with applicable law.
  • In Performance of a Contract. We will process your Personal Information where necessary for the performance of a contract to which you and Fresenius Kabi USA are a party. We may also process your Personal Information prior to entering into that contract at your direction.
  • Compliance with EU and UK Legal Obligations. We will process your Personal Information where necessary to comply with our obligations under UK, EU or EU Member State law.
    If we intend to use your Personal Information that we have collected for a different purpose other than the purpose disclosed to you, we will provide you with information about the secondary purpose and with any other information necessary to ensure fair and transparent processing prior to such use.
    You have the following rights with regard to the Personal Information we control about you, subject to applicable exceptions, under the GDPR and UK data protection laws:
    • The right to request confirmation of whether Fresenius Kabi USA processes Personal Information relating to you, and if so, to request a copy of that Personal Information;
    • The right to request that Fresenius Kabi USA corrects or updates your Personal Information that is inaccurate, incomplete or outdated;
    • The right to request that Fresenius Kabi USA delete your Personal Information in certain circumstances provided by law;
    • The right to request that Fresenius Kabi USA restrict the use of your Personal Information in certain circumstances, such as while Fresenius Kabi USA considers another request that you have submitted (including a request that Fresenius Kabi USA make an update to your Personal Information);
    • The right to request that we export your Personal Information in a usable electronic format to another company, where technically feasible;
    • The right to object to processing of your Personal Information based on Fresenius Kabi USA’s legitimate interests at any time, upon which Fresenius Kabi USA will no longer process the data, unless there are compelling legitimate grounds for our processing that override the interests, rights, and freedoms of the data subject, or the processing serves the purpose of asserting, exercising, or defending legal claims; and
    • The right to withdraw consent at any time, where Fresenius Kabi USA is processing your Personal Information based on your consent.
  • You have the right to make a complaint with your local data protection authority if you believe that the processing of your Personal Information infringes your rights under the GDPR. Contact details for data protection authorities are available here.

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

Rights of California Residents

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

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

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as rights to know/access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered public information (i.e., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.

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

  • Right to Access Information. You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request.
  • Right to Request Deletion of Information. You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
  • Fresenius Kabi USA’s Statement Concerning its Sale of Personal Information to Third Parties. As a pharmaceutical and medical device company, Fresenius Kabi USA does not sell nor receive any form of remuneration for the transmission of your Personal Information. Where Fresenius Kabi USA does disclose your Personal Information to third parties, the disclosure is made for specified purposes directly related to the delivery of a needed service. Our third‐party partners are not permitted to use your Personal Information in any manner other than what is necessary to fulfill the services requested.

How to Submit a Request. You may submit a request to exercise your rights through any one of two means: You may email us at privacy@fresenius‐kabi.com, or you may write us at:

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

Personal Information Security and Storage

We implement and maintain appropriate organizational, technical, and administrative security measures designed to safeguard your Personal Information against unauthorized access, destruction, loss, alteration, or misuse. We evaluate and update these measures on an ongoing basis and ensure reasonable security measures are deployed consistent with industry standards. However, no Personal Information system can be 100% secure, so we cannot guarantee the absolute security of your Personal Information.

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

International Data Transfers

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

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

How to Contact Us

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

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

Updates to this Privacy Notice

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