Privacy Statement

Effective January 1, 2020.

The GIST℠ website and mobile applications (collectively, the “GIST Site”) is sponsored by Allergan USA, Inc. and owned by Allergan USA, Inc. (“Allergan”), image Dermatology Marketing, Corp. and Drs. Ruth Tedaldi, Doris Day, Ava Shamban, and Sabrina Fabi (collectively with Allergan, “the Owners” or “we” or “our”).  

This Privacy Statement applies to the operation of the GIST Site, which is intended only for the use of residents of the United States, including its applications (including mobile applications) and digital services operated by Allergan on behalf of the Owners that directly link to this statement (the “GIST Platform”), and explains how the Owners collect, use, and disclose your Personal Data related to the GIST Platform and answers questions regarding privacy and security.  This Privacy Statement does not apply to The GIST YouTube channel, which is a separate platform and has its own Terms and Conditions that can be found on youtube.com.

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

Part II.  Collection, Use, and Sharing of Personal Data on the GIST Platform.
California Consumers please visit the GIST Platform California Privacy Policy at the end of this document.

2.   Types of Personal Data Collected 

This Privacy Statement explains the Owners’ practices on the GIST Platform with regard to "Personal Data." Personal Data is any information that can be used to identify, locate, or contact you. It also includes other information that may be associated with such Personal Data. Examples of types of Personal Data:

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

 

3.   How Personal Data is Collected related to the GIST Platform

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

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

 

4.   How Personal Data related to the GIST Platform is Used 

Your Personal Data will be used by the Owners’ for our business purposes, such as:

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

 

5.   When and Why Personal Data Is Disclosed 

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

  • We may share Personal Data with your consent, or as part of your use of the services available on the GIST Platform, or other services, or as you direct. For example, at your direction, we may share data with doctors', beauty service providers', or treatment providers' offices or other entities.
  • We may share Personal Data with our affiliated companies and product co-promotion partners, which may only use Personal Data for the purposes listed herein.
  • We may share Personal Data with our service providers, who are bound by law or contract to protect Personal Data and only use Personal Data in accordance with our instructions or the agreements we have signed. For example, we may share Personal Data with vendors who provide data processing or fulfilment services for us.
  • We may share your Personal Data with other service providers that provide services for the GIST Platform or third parties that may provide services directly to you through the GIST Platform, such as when you click a link to a video on the GIST Platform, it will take you to YouTube or a similar provider in order for you to view that video . Your Personal Data that you direct us to share with them or that you directly provide to these third parties may be further used by such  entities as set forth in their separate privacy statements available on their own respective websites.
  • We may share Personal Data where needed to affect the sale or transfer of business assets, to investigate legal issues, enforce our rights, protect our property, or protect the rights, property or safety of others, or as needed support external auditing, compliance and corporate governance functions.
  • We may also share Personal Data when requested under legal process or otherwise required by law, such as in response to a subpoena, including to law enforcement agencies and courts in the United States and other countries where we operate. 
  • Please note that we may also disclose data about you that is not personally identifiable. For example, we may publish reports that contain aggregate and statistical data about our customers. These reports do not contain any data that would enable the recipient to contact, locate, or identify you.

Part III.  Social Media and Cookies.

6.   Cookies and Other Data Collection Technologies

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

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

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

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

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

We have separated the cookies that we use on the GIST Platform into the following general categories: Functional Cookies, Analytics Cookies, Advertising Cookies, and Social Media Cookies.

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

Analytics Cookies: Analytics Cookies are automatically placed on your browser.  The GIST Platform collects analytics data to allow us to personalize and enhance your online experience, by analyzing repeat visits, user journeys through the website, and user interaction with website elements.  The GIST Platform uses first-party cookies for these purposes, while our website analytics vendors, including Adobe and Google, may also place cookies in your browser to provide us with analytics services.

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

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

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

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


7.  Revoking Consent and Managing Cookies  

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

Part IV.  Other Important Information

8.   Do-Not-Track Signals and Similar Mechanisms 

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

9.   Tell-A-Friend Functions

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

10.   Your Choices

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

Please note that even if you opt-out of promotional emails, we may still need to contact you with important transactional data about your account or your purchase. For example, even if you opt-out of advertisement/promotional emails, we will still send you a confirmation when you purchase something from our website, a notification of changes to, expiration of, or discontinuation of a program you are enrolled in, and product safety communications.
California Consumers should visit the GIST Platform’s California Privacy Policy at the end of this Privacy Statement for the designated methods for making California Consumer Privacy Act data subject rights requests.
 

11.   Data Security

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

12.   Disclosure to Subsequent Owner or Operator

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

13.   Consent to Processing in the United States and Elsewhere

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

14.   Privacy Statements of Third Parties

This Privacy Statement only addresses the use and disclosure of data by the Owners and only for this Platform.  It does not apply to The Gist YouTube site, since YouTube is a third party hosting that site.  The community terms on YouTube apply to personal data collection, use and disclosure for that site. We may provide links to YouTube and other outside websites or advertisements for third parties that have their own privacy statements and data collection, use and disclosure practices. Our independent dealers, suppliers and business partners have their own privacy statements too. We encourage you to familiarize yourself with the privacy statements provided by all third parties prior to providing them with data or taking advantage of an offer or promotion.

15.   Children’s Privacy

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

16.   Forums, Product Reviews and Other Public Areas

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

17.   Changes to this Privacy Statement 

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

18. How to Contact Us

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

ALLERGAN PLC
Attention: Global Privacy Office
2525 Dupont Drive
Irvine, CA 92612 USA

The GIST℠ California Privacy Policy (Privacy Notice)

Effective Date: January 1, 2020

The California Consumer Privacy Act of 2018 (CCPA) gives certain consumers that reside in California (“California Consumers”) the right to know what categories of Personal Information the Owners, collect about them through the GIST Platform and how and for what purposes we use and share that information.   As stated above, Allergan operates the GIST Platform on behalf of the Owners.   The following link, which is to Allergan’s California Privacy Policy (“Privacy Notice”), provides the information required under the CCPA with respect to Allergan’s online and offline activities relating to California Consumers’ Personal Information and the GIST Platform.  As the operator of the GIST Platform on behalf of the Owners, for purposes of the CCPA, the GIST Platform is treated as an “Allergan affiliated entity” under the Allergan California Privacy Policy.  

Therefore, as a California Consumer, to understand more about how your Personal Information is handled by the GIST Platform and to exercise your California Consumer privacy rights under the CCPA as it relates to the GIST Platform go here:  California Privacy Policy.