California Privacy Policy

The purpose of this Policy is to describe Anju Software, Inc.’s (“Anju”) privacy practices in compliance with the California Consumer Privacy Act (“CCPA”) regarding the processing, transfer, and sale of personal information.

This Policy applies to information, including personal information, collected, processed, and stored by Anju and its affiliates: MDC Partners, b.v.b.a., Anju ClinPlus LLC, Anju Sylogent LLC, Anju Zephyr Health LLC, OmniComm Systems Inc., OmniComm USA Inc., and Online Business Applications Inc.

Collectively, Anju and these affiliates may be referred to in this Policy as “Anju”, “we”, or “us”.

Anju respects the right to privacy of individuals and in particular their right to the protection of personal data. This includes data from its customers, sponsors, employees, clinical trial participants, healthcare professionals, researchers, data managers, physicians, regulatory affairs officers, clinical investigators, investors, business partners, and others.

You may contact Anju’s data protection officer by email at: dataprotection@anjusoftware.com or by mail at:

Anju Software, Inc.
Attention: Data Protection Officer
6700 N Andrews Ave., Suite 700
Fort Lauderdale, FL 33309, USA

As used herein, personal information means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information“). Personal Information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.

The following is a list of categories of Personal Information which may have been collected about a consumer or household within the last twelve (12) months. The categories and examples provided in the chart below are for reference only. This does not mean that all examples of that category of Personal Information were in fact collected but reflects our good faith belief to the best of our knowledge that this information was likely collected about some individuals. We will update this disclosure from time to time as appropriate.

We collect personal information from the following sources:

• Directly from you. For example, during account registration from forms you complete, or from other data you provide directly to us.
• Indirectly from you. For example, from observing your actions on our Websites.
• From third parties. For example, third party social networking providers and advertising companies, our affiliates and service providers who provide services or information to us. If you do not want us to collect information from social networks, you should review and adjust your privacy settings on those networks as desired.
• From publicly available sources. For example, online database searches.

Anju may collect the following types of personal information directly from consumers:

• Information about employees collected during the hiring process such as first name, last name, contact email, phone number, address, education, and work history.
• Personal Information from customers (such as an e-mail address, system information, telephone numbers, and problems descriptions) in order to communicate with customer and to provide online technical support and troubleshooting. If any customers choose to correspond with us through electronic communication (e.g., email, online chat, or instant messaging), we may retain a copy of the electronic communication together with the customer’s email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
• Information about users of our software systems that helps us conduct business, such as the types of products, geographic locations, and demographics.
• Transaction Information about how the user interacts with Anju, including purchases, inquiries, customer account information, and information about the use of the Anju website and applications. We collect this information when users visit our website, call the Anju main line, use our applications, or contact us, such as for customer service purposes.
• When visiting Anju’s website, we use cookies to collect information about individuals using our website and applications. We treat this information as Personal Information when it is associated with your contact information. For more information about cookies, please see our Global Privacy Policy.

Anju may collect the following types of Personal Information from sources other than directly from consumers:

• Personal Information that is publicly available, which may include name, contact information, job position and title, employer or organizational affiliation, educational and professional credentials, and National Provider Identifier.

We collect this information from publicly available websites and directories. We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We may use or disclose the Personal Information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information.
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers is among the assets transferred.

The CCPA broadly defines the term “sale” to mean:

“Selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration; or (B) sharing orally, in writing, or by electronic or other means, a consumer’s personal information with a third party, whether for valuable consideration or for no consideration, for the third party’s commercial purposes.”

Within this meaning, we may have disclosed (as that term is defined by the CCPA) Personal Information in the categories below from consumers and users of our Services within the last twelve months where such disclosure may fall within the CCPA’s definition of a “sale.” When we disclose that we may have sold Personal Information, it means that we may have received some kind of benefit to our company in return for sharing Personal Information, it does not necessarily mean we received any money in exchange.

The categories below are those defined in the CCPA. This does not mean that all examples of that category of Personal Information were in fact “sold” but reflects our good faith belief to the best of our knowledge that some of that information may have been shared for value in return. We will update this disclosure from time to time as appropriate.

Categories of Personal Information that Anju may share:

• Identifiers.
• Personal Information categories listed in the California Customer Records statute.
• Commercial information.
• Internet or other similar network activity.
• Professional or employment-related information.
• Inferences drawn from other Personal Information.

We may disclose your Personal Information to other parties, including:

• Our affiliates
• Service providers
• Life sciences industry companies, analytics companies and other third parties with whom we have business relationships
• Government regulators
• Our legal advisors and parties involved in a legal process
• To an entity involved in the sale of our business
• Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or Services we provide to you

Personal data is only shared by Anju with third parties who require it for specific business purposes. Data is transferred only for the scope of purpose it was initially intended and not for any other reasons.

Service providers may include data centers who store employee contact information such as name, email, phone number of a select group of employees as part of the approved access list. The employees in the list have limited access to the data center to provide maintenance of servers. These typically involve members of the IT department and the individuals responsible for conducting third party vendor audits.

In response to a verified consumer request for categories of Personal Information “sold,” we will investigate and provide an individualized response to the consumer and will not merely refer the consumer to our general practices outlined in this Privacy Policy unless our response would be the same for all consumers and this Privacy Policy discloses all the information that is otherwise required for the response to such a consumer request.

Anju’s customers may utilize Anju’s software or services to store Personal Information of consumers.  Under these circumstances, Anju’s customer is the business that controls this Personal Information while Anju is the customers’ service provider.  Any Personal Information that is related to the use of the Anju software products or personal data developed in specific medical or pharmaceutical research studies is the responsibility of the customer.  For information about Personal Information collected by Anju’s customers, you should contact those customers or refer to their publicly available privacy policies.

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.  You may exercise these rights by contacting Anju’s data protection officer or by clicking the “Do Not Sell My Personal Information”.

Rights of California Residents

Subject to applicable law, you have the right to request from businesses a disclosure of data collection and sales practices in connection with your data. This includes categories of Personal Information collected, the source of the information, use of the information and — if the information was disclosed or sold to third parties — the categories of Personal Information disclosed or sold to third parties and the categories of third parties to whom such information was disclosed or sold. As a California Resident, you are afforded:

• The right to request a copy of the specific Personal Information collected about you during the 12 months before your request (together with a general “Personal Information request”). Once we receive your request and confirm your identity, we will disclose to you:

• • • The categories of Personal Information we collected about you.
    • The categories of sources for the Personal Information we collected about you.
    • Our business or commercial purpose for collecting or selling that Personal Information.
    • The categories of third parties with whom we share that Personal Information.
    • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
      • sales, identifying the Personal Information categories that each category of recipient purchased; and
      • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
    • The specific pieces of Personal Information we collected about you (also called a data portability request).

• The right to have such information deleted. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies.  We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• • • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    • Debug products to identify and repair errors that impair existing intended functionality.
    • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    • Comply with a legal obligation.
    • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

• The right to request that your Personal Information not be sold to third parties, if applicable. We do not sell the Personal Information of consumers we actually know are less than 16 years old.  Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.  To exercise the right to opt-out, you (or your authorized representative) may submit a request to us clicking the following link Do Not Sell My Personal Information or by calling Toll Free Number: 1-888-914-9661 (California residents only) Anju code: 529352.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back into Personal Information sales at any time by contacting us at dataprotection@anjusoftware.com.

You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

• The right not to be discriminated against because you exercised any of these rights. We will not discriminate against you for exercising any of your CCPA rights.  Unless permitted by the CCPA, we will not:

• • • Deny you goods or services.
    • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    • Provide you a different level or quality of goods or services.
    • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at dataprotection@anjusoftware.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

California Civil Code Section 1798.83 permits residents of the State of California to annually request and obtain, at no charge, information about the Personal Information (if any) we have disclosed to third parties for direct marketing purposes in the preceding calendar year. This information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which information was shared in the immediately preceding calendar year.

If you are a California resident and would like to make such a request, please click the following link “Do Not Sell My Personal Information” or submit your request by email to: dataprotection@anjusoftware.com or by mail to:

Anju Software, Inc.
Attention: Data Protection Officer
6700 N Andrews Ave., Suite 700
Fort Lauderdale, FL 33309, USA

The following other US subsidiaries of Anju Software, Inc. that also adhere to our data privacy principles include Anju ClinPlus LLC, Anju Sylogent LLC, Anju Zephyr Health LLC, OmniComm Systems Inc., OmniComm USA Inc., and Online Business Applications Inc.

Anju ensures by written agreement that our agents and third-party providers follow the same privacy principles and data protections principles as Anju.

Personal data is only shared by Anju with third parties who require it for specific business purposes. Data is transferred only for the scope of purpose it was initially intended and not for any other reasons.

Where Anju has knowledge that an agent is using or disclosing Personal Information in a manner contrary to this Policy, Anju will take reasonable steps to prevent or stop the use of disclosure.

Another example is the Customer Relationship Management (CRM) tool, where all change management and project management activities are recorded. Employee and customer contact information such as name, title/role, email, phone number and communication details are stored in this tool.

Anju utilizes reasonable and appropriate physical, technical, and administrative procedures to safeguard the information we collect and process and to prevent unauthorized disclosure of data.

Anju provides services internationally and receives information from all over the world. Whenever Anju is required to transfer Personal Information, regardless of where this occurs. Anju protects confidentiality, integrity, and availability of Personal Information by physical and logical security measures.

Anju takes steps through Anju’s validation process to ensure that Personal Information is reliable for its use, and that the data is accurate, complete, and current. Anju does not process information that is incompatible with the original purposes for which it has been collected unless subsequently authorized by the individual.

All individuals are encouraged to forward any complaints, issues, concerns, or questions regarding the collection, the use or disclosure of Personal Information to dataprotection@anjusoftware.com or to:

Anju Software, Inc.
Attention: Data Protection Officer
6700 N Andrews Ave., Suite 700
Fort Lauderdale, FL 33309, USA

Anju will retain Personal Information for as long as is needed to provide products or services; as outlined in previously stated agreements at the time of collection; and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; or to the extent permitted by law.

At the end of the retention period, Anju will delete this Personal Information in a manner designed to ensure that it cannot be reconstructed or read according to its Document Retention Policy.

Anju’s sites, products, and services are not intended for and may not be used by children under the age of 18. We do not knowingly collect information from children under the age of 18 and we do not target our sites or services to children under the age of 18.

We may update this Privacy Policy from time to time. Any updated version of this Privacy Policy will be effective as of the date set forth therein and posted here.