Privacy Statement

Last Updated: February 6, 2020

At Arena, we take your privacy and the security of your information very seriously. 

This Privacy Statement is intended to make you aware of the types of information we gather from people visiting an Arena website (each, the “Website”), such as Arena’s corporate website, https://www.arenapharm.com/ (the “Corporate Website”), or the Arena of CareTM Award in IBD website, http://www.IBDaward.com (the “Award Website”), and how we use, transfer, and secure such information.    This Privacy Statement does not apply to information gathered from people visiting websites for specific clinical trials sponsored by Arena; such websites contain their own privacy statements.

As used in this Privacy Statement, “Arena,” “we,” “us” and “our” refer to Arena Pharmaceuticals, Inc. and our subsidiaries, joint ventures, and other companies under a common control (“Affiliates”), and “you” or “users” refer to people who visit the Website. This Privacy Statement is incorporated into and is part of our Terms and Conditions available at https://www.arenapharm.com/terms-and-conditions.  By accessing the Website, you agree to be bound by this Privacy Statement.  If you do not agree to the terms of this Privacy Statement, then please do not use the Website. 

The Information We Collect

We gather the following types of information about users:

  • Personal Information: Information that is about, or relates to, an identified or identifiable individual, or that can be linked to that individual (such as name and contact information).
  • Aggregate Information: Information that cannot be used to identify an individual (such as frequency of visits to the Website and browser type).  Please note that we may convert Personal Information into Aggregate Information via one or more processes at our discretion.   
  • Google Analytics: We use Google Analytics to collect statistical information about how the Website is used. Google Analytics services involve the use of cookies that collect information such as your IP address or other identifiers, browser information, and information about the content you view and interact with to record how you use the Website. These analytics services help us to know how many users we have, which parts of the Website are most popular, what browsers are used (so we can maximize compatibility), the country or region where our users are located, and the demographics and interests of our users. This enables us to better understand who is using the Website and to improve how we present content on the Website.

For more information about Google Analytics services, please click here. To prevent your data from being used by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.

2. Categories of Personal Information Collected and How Used

Personal Information You Provide Us

  • When you use the Website, Arena will collect the Personal Information you provide Arena, if any, such as your name, home address, personal telephone number, personal e-mail address, company name, company mailing address, company e-mail address and company telephone number. We also may collect Personal Information that you provide us when you sign up for an investor presentation through the Corporate Website, when you contact us via e-mail for information or assistance, including the content of your e-mail.
  • In the course of applying for a job with Arena through the Corporate Website, you may provide certain Personal Information to Arena.  Such Personal Information could include your name, e-mail address, phone number, date of birth, SSN, bank information and government identification numbers, among other identifiers.  

Personal Information Collected Automatically

When you use the Website, we may automatically collect technical information and information about your visit, including pages you visited, the order in which they were visited, page interaction information (such as the links you “clicked” or the content you viewed or consumed), the type of device you are using, IP address, operating system, header information and browser software. We may collect information that allows us to associate you with your social media or other accounts that you have on other websites.  Further we may collect Personal Information through the use of cookies as described within the “Functions and Use of Cookies” section in this Privacy Statement, or the section regarding Google Analytics above.  Where such information meets the definition of Personal Information, such as IP address, we will treat it as such. 

How Your Personal Information Is Used

  • We may use the Personal Information you provide us to contact you, provide support, operate and improve the Website, and respond to your comments and questions.
  • If you apply for employment with Arena through the Corporate Website, we may use the Personal Information you provide us to process your job application and contact you.  
  • If you submit an award application through the Award Website, we may use the Personal Information included in such application to process the application and contact you and/or the applying organization regarding the application.
  • Personal Information collected automatically is used for the purpose of improving our Website, and to offer more relevant information and content

3. Disclosure of Personal Information

  • We may share your Personal Information with third party service providers, including cloud service providers, to help us with our business activities such as Website maintenance and employee recruitment. We include provisions within our contracts with these businesses to ensure that they: (i) use your Personal Information only as necessary to provide these services to us; and (ii) establish safeguards to protect the confidentiality of the information that we provide them.
  • If you submit an award application through the Award Website, we may share the Personal Information included in such application with members of the review board that evaluates such applications.  Such review board may include one or more patients, patient advocates and health care providers, in addition to Arena employees.  We will require review board members to honor this Privacy Statement.
  • We may share some or all of your Personal Information with our Affiliates, in which case we will require our Affiliates to honor this Privacy Statement.
  • We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Statement.
  • We may also disclose Personal Information if Arena believes in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on Arena; (iii) to protect or defend the rights or property of Arena or users of the Website or services; (iv) to investigate or assist in preventing any violation or potential violation of the law, or this Privacy Statement; or (v) consistent with the contractual obligations of Arena.

4. Categories of Aggregate Information Collected and How Used

Aggregate Information may be collected when you visit use the Website, independent of any information you voluntarily enter.  Additionally, we may use one or more processes to de-identify information that contains Personal Information, such that only Aggregate Information remains.  We may collect, use, store, and transfer Aggregate Information without restriction. 

5. Our Website Not Available to Those Under 18 Outside of the Clinical Trial Context

Access to and use of the Website are not intended for use by anyone younger than the age of 18 and we do not knowingly collect Personal Information from individuals younger than the age of 18.  If you have reason to believe that an individual under the age of 18 has provided Personal Information to us outside of the clinical trial context, please contact us.  We will take reasonable steps to investigate and if it is confirmed that we possess Personal Information of an individual under 18 years of age, we will delete the Personal Information.  We may require additional information to confirm that the request is a bona fide request from an appropriate person concerning an individual under the age of 18, as allowed by applicable law.

6. Functions and Use of Cookies

  • Cookies are small files that are placed on your desktop, notebook or mobile device by a website you visit.  From this we can, for example, recognize whether there has already been a connection between your device and the Website, or which language or other settings you prefer. Cookies may also contain Personal Information, such as your IP address.
    • You may visit the Website without consenting to the use of cookies. This means that you can refuse such use and delete cookies at any time by making the appropriate settings on your device. This is done as follows:
      • Most browsers are pre-set to automatically accept cookies. You can change this setting by activating the setting *do not accept cookies* in your browser.
        You can delete existing cookies at any time. You can find out how this works in detail in the instructions of your browser or device manufacturer.  For information on deactivating Local Shared Objects, see the following link: Local Shared Objects
      • Like the use of cookies, their rejection or deletion is also linked to the device used and also to the browser used in each case. You must therefore reject or delete the cookies separately for each of your devices and, if you use several browsers, also for each browser.
    • If you decide against the use of cookies, it is possible that not all functions of the Website are available to you or that individual functions are only available to you to a limited extent.
    • We categorize cookies as follows:
      • Essential cookies (type 1).  These cookies are absolutely necessary for the functions of the web pages. Without these cookies we may not be able to offer you certain services.
      • Functional cookies (type 2).  These cookies facilitate the operation and improve the functions of the web pages. For example, we store your language settings in functional cookies.
      • Performance cookies (type 3).  These cookies collect information about how you use the Website. This enables us to identify which parts of the Website are particularly popular and thus make improvements to the Website.
      • Third-party cookies (type 4).  These cookies are set by third parties, e.g. social networks such as Facebook, Twitter and Google+, whose content you can integrate via “social plug-ins” offered on the Website.
calert Indicates that you agree with the usage of cookies on our webpages. It is set automatically upon closure of the ‘Use of cookies’ information layer. If this cookie exists, the information layer will not be shown again for the next 12 months. Type 2
s_cc, s_sq, _ga, _gat, _gid Store information on how visitors use the Website and help us to further develop the Website in line with their interests. Type 3
  • Some web browsers may be configured to send ‘Do Not Track’ signals to the websites that you visit. There is no consensus among industry participants as to what ‘Do Not Track’ means in this context. Like many websites, the Website does not alter practices when a ‘Do Not Track’ signal is received from a visitor’s browser. To find out more about ‘Do Not Track’, please visit www.allaboutdnt.com.

7. California Users

  • California Consumer Privacy Act Rights. In accordance with the California Consumer Privacy Act (“CCPA”), this Privacy Statement provides you disclosure regarding the Personal Information we collect from you and the purposes for doing so.  Please see the “Categories of Personal Information Collected and How Used” section above.   In addition, under the CCPA, California residents have certain rights regarding their Personal Information, including the following:
    • Right to Know. You have the right to request the following information:
      • The categories of Personal Information Arena has collected about you.
      • The categories of sources from which the Personal Information was collected.
      • The business purpose for collecting the Personal Information.
      • The categories of third parties with whom Arena has shared the Personal Information.
      • The specific pieces of Personal Information Arena has collected about you.
    • Right to Request Deletion: Upon a verifiable request, made through one of the methods provided within the “Contact Us” section below, we will delete Personal Information we have regarding you and direct our service providers to delete your Personal Information from their records, to the extent required by the CCPA.  Please note that Arena may be required or permitted by law to not remove (or allow removal) of your Personal Information.
    • Right to Be Free from Discrimination: Arena will not discriminate against you for exercising any of your rights under the CCPA.
    • Information We May Need From You.  We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 
    • Time Limit to Respond.  We will respond to all legitimate requests within forty-five (45) days, or as permitted by the CCPA.
    • CCPA Contact Information.  If you are a California resident and would like to exercise the rights described above on or after January 1, 2020, please contact us using one of the mechanisms listed within the “Contact Us” section below.
    • No Sale of Personal Information: Arena does not sell the Personal Information collected through the Website.

8. Nevada Users

Arena does not sell Covered Information as defined under Nevada law. If you would like to make a further inquiry regarding the selling of your Covered Information, as defined under Nevada law, please contact us as described in the “Contact Us” section of this Privacy Statement.

9. European Users

Name of data controllers and contact details Arena Pharmaceuticals, Inc.
Attn: Data Protection Officer
6154 Nancy Ridge Drive
San Diego, California 92121, USA
Email: privacy@arenapharm.com

Joint controller for personal data from the EEA and the UK:
Arena Pharmaceuticals Limited
70 Sir John Rogerson’s Quay
Dublin 2, D02 R296, Ireland  

Joint controller for personal data from Switzerland:
Arena Pharmaceuticals Development GmbH
Theilerstrasse 1a
6300 Zug, Switzerland
Purposes of the processing The purposes of the processing are described in Sections 2 and 3 of this Privacy Statement.
Lawful basis for the processing Generally, we process personal data on the basis that the processing is necessary for purposes of our legitimate interest in conducting our business in a manner typical in the US pharmaceutical industry, having taken into account any risks to your fundamental rights and freedoms (including your right to privacy).
We also may process personal data on other bases permitted by the GDPR and other applicable laws, such as when the processing is necessary for us to comply with our legal obligations.
The legitimate interests of the controller or third party, where applicable Our specific legitimate interests, such as improving the Website, providing you with support, processing and responding to any employment application, processing and contacting you and/or the applying organization regarding an award application, are described in Sections 2 and 3 of this Privacy Statement.
The categories of personal data concerned The categories of personal data that we process are described in Sections 2 and 4 of this Privacy Statement.
The recipients or categories of recipients of the personal data The potential recipients of the personal data that we collect via the Website are described in Sections 2 and 3 of this Privacy Statement.
Information regarding the transfers of personal data outside of the European Economic Area (EEA) and the United Kingdom (UK) Arena Pharmaceuticals, Inc. is headquartered in the USA and the Website is hosted in the USA.  We have an affiliate in Switzerland, which is also outside of the EEA/UK.  The laws of Switzerland have been deemed by the European Commission to provide an adequate level of protection to personal data, whereas the laws of the USA have not.
When you provide your personal data to us via the Website, you are providing your personal data directly to the USA.  When you contact us by email, you are directly providing your personal data directly to the USA and/or Switzerland.
Before you provide your personal data to us via the Website, we request your explicit consent to the transfer of your personal data to the USA and Switzerland.When you e-mail us, the fact that you have chosen to e-mail us knowing that we are located in the USA and Switzerland will be understood to constitute your express consent to the transfer of the personal data in your e-mail (including your e-mail address) to the USA and Switzerland.
Personal data submitted through the Careers portion of the Corporate Website is transferred to Greenhouse Software, Inc., an Arena service provider that has self-certified to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework.
Regardless of the differences in US and Swiss privacy laws, we safeguard your personal data as described in this Privacy Statement.  If we transfer your personal data to a third party, we require the third party to commit contractually to process your personal data only in ways that are consistent with this Privacy Statement.
The period for which the personal data will be stored, or the criteria for determining the retention period How long we retain personal data varies according to the type of data in question and the purpose for which it is used.  We delete personal data within a reasonable period after we no longer need to use it for the purpose for which it was collected or for any subsequent purpose that is compatible with the original purpose.  This does not affect your right to request that we delete your personal data before the end of its retention period.  We may archive personal data (which means storing it in inactive files) for a certain period prior to its final deletion, as part of our ordinary business continuity procedures.
Your rights to access, correct, restrict or delete your personal data and object to processing You have the right to request access to your personal data, to have your personal data corrected, restricted or deleted, and to object to our processing of your personal data.  Your rights may be subject to various limitations under the GDPR.  If you wish to exercise any of these rights, or if you have any concerns about our processing of your personal data, please contact us in any of the ways listed in the section “Contact Us”.  The GDPR’s data portability rights are not relevant to the kinds of processing that we do.
The right to lodge a complaint with a supervisory authority You have the right to file a complaint concerning our processing of your personal data with your national (or in some countries, regional) data protection authority.   The EU Commission has a list here:  http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
Statutory or contractual requirement or other obligation to provide any personal data Users of the Website are under no statutory or contractual requirement or other obligation to provide personal data to us via the Website.
  • With respect to European users, this Privacy Statement only applies to personal data collected via the Website.  If you have provided personal data to us through some other means besides the Website (for example, in connection with a clinical study sponsored by Arena in Europe), you will have received a separate notice concerning your personal data.  Please refer to that notice first if you have any concerns about our processing of your personal data, as that notice will contain important information and a designated contact person for concerns – but you can always contact us (see the “Contact Us” section of this Privacy Statement).

10. Security

Arena is committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while Arena uses reasonable efforts to protect your Personal Information, Arena cannot guarantee its absolute security.

11. Your Choices Regarding Your Information

All users may review, update, correct or delete their Personal Information by contacting us as described in the “Contact Us” section of this Privacy Statement, where the right to do so is provided by applicable law, including as described elsewhere in this Privacy Statement. We will use commercially reasonable efforts to honor your request, and in all events, we will comply with applicable laws relating to your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

12. Third-Party Pages and Websites

As a convenience to our visitors, the Website may contain links to a number of websites that we believe may offer useful information. The privacy policies and procedures described herein do not apply to such websites or their content, or to any collection of your Personal Information after you click on links to such third-party websites.

13. Contact Us

If you have any questions regarding this Privacy Statement, or to exercise your rights as described above, please contact us using any of the following methods:

Toll-Free Phone Number: 1-877-541-0485
E-mail: privacy@arenapharm.com
Mail:   Arena Pharmaceuticals, Inc.
Attn: Data Protection Officer
6154 Nancy Ridge Drive
San Diego, California 92121

14. Changes to This Privacy Statement

This Privacy Statement may be amended from time to time for any reason. Each time you use the Website, the current version of this Privacy Statement will apply.  We will notify you of any changes to our Privacy Statement by posting a new Privacy Statement on this page as indicated by changing the “Last Updated” date below. You should consult this Privacy Statement regularly for any changes.