Amgen Inc. and Amgen USA Inc. (collectively “Amgen”) respect the privacy of our employees, consumers, business partners and others. Amgen strives to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business and uphold the highest ethical standards in its business practices. This Safe Harbor Policy Statement (the “Policy”) sets forth the privacy principles Amgen follows with respect to transfers of personal information from the European Economic Area (“EEA”) (which includes the twenty-seven member states of the European Union (“EU”), and Iceland, Liechtenstein and Norway) and from Switzerland to the United States (“U.S.”).
The U.S. Department of Commerce and the European Commission have agreed on a set of data protection principles to enable U.S. companies to satisfy requirements under EU laws related to the transfers of personal information from the EEA to the U.S. (the “U.S. – EU Safe Harbor”). In addition, the U.S. Department of Commerce and the Federal Data Protection and Information Commissioner (“FDPIC”) of Switzerland have agreed on a similar set of data protection principles to enable U.S. companies to satisfy requirements under Swiss data protection law related to the transfers of personal information from Switzerland to the U.S. (the “U.S. – Swiss Safe Harbor”). To further its commitment to protect personal privacy, Amgen complies with, and has certified its adherence to, the data protection principles (the “Principles” as described below) of both the U.S.-EU Safe Harbor and U.S.-Swiss Safe Harbor.
For further information about the Safe Harbor Program, see the U.S. Department of Commerce website at www.export.gov/safeharbor/.
This Policy applies to all personal information received by Amgen in the U.S. from the EEA and from Switzerland, in any format including electronic, paper or verbal.
DefinitionsFor purposes of this Policy, the following definitions shall apply:
“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, Amgen or to which Amgen discloses personal information for use on Amgen's behalf.
“Amgen” means Amgen Inc., Amgen USA Inc., and each of their predecessors, successors, subsidiaries, business units, divisions and groups in the United States.
“Personal information” means any information or set of information that identifies or could be used by or on behalf of Amgen to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.
“Sensitive personal information” is a category of personal information that requires an extra level of protection or a higher duty of care. Sensitive personal information is generally considered to be, without limitation, personal information specifying: medical or health conditions, race or ethnic origin, political opinions, sexual orientation, religious or philosophical beliefs, trade union membership or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings.
Data Protection Principles
Notice. When Amgen collects personal information directly from individuals in the EEA and Switzerland, it will inform them about the purposes for which it collects and uses personal information about them, the types of third parties to which Amgen discloses the information, the choices and means, if any, Amgen offers individuals for limiting the use and disclosure of personal information about them, and how to contact Amgen. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Amgen, or as soon as practicable thereafter, and in any event before Amgen uses or discloses the information for a purpose other than that for which it was originally collected.
When Amgen receives personal information from its subsidiaries, affiliates or other entities in the EEA or Switzerland, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
Choice: Amgen will offer individuals whose personal information is collected in the EEA or Switzerland and transferred to the U.S. the opportunity to choose whether (opt-out) their personal information is (a) to be disclosed to a third party that is not an agent, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
For sensitive personal information, Amgen will give individuals the opportunity to affirmatively and explicitly consent (opt-in) to (a) the disclosure of personal sensitive information to a third party that is not an agent or (b) the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
Amgen will provide individuals with clear and conspicuous, readily available mechanisms to exercise these choices.
Data Integrity: Amgen will use personal information only in ways that are compatible with the purposes for which it has been collected or subsequently authorized by the individual. To the extent necessary for those purposes, Amgen will take reasonable steps to ensure that personal information is reliable for its intended use, accurate, complete, and current.
Transfers to Agents (Onward Transfers): When disclosing personal information from individuals in the EEA or Switzerland to a third party, Amgen applies the Notice and Choice Principles. Where Amgen wishes to transfer such personal information to a third party that is acting as an agent, it will only do so if: (a) the agent certifies that it participates in the U.S.-EU Safe Harbor or the U.S.-Swiss Safe Harbor; (b) Amgen first ascertains that the agent subscribes to the Principles; (c) the agent is subject to EU Directive 95/46/EC, the Swiss Federal Act on Data Protection, and/or another adequacy finding; or (d) Amgen enters into a written agreement requiring the agent provide at least the same level of privacy protection as is required by the Principles.
If Amgen has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, it will take reasonable steps to prevent or stop such use or disclosure.
Access and Correction: Upon request, Amgen will grant individuals reasonable access to personal information that it holds about them. In addition, Amgen will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
Security: Amgen takes reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Enforcement: Amgen has established procedures for periodically verifying its compliance with the Principles, including annual self-assessments of its relevant privacy practices to confirm the accuracy of, and verify its adherence to, this Policy.
Dispute Resolution: Any questions, concerns or complaints regarding this Policy should be directed to Amgen‘s Privacy Office at the address provided below. Amgen will investigate and attempt to resolve complaints and disputes regarding this Policy. However, for complaints or disputes that cannot be resolved, Amgen has agreed to participate in the following dispute resolution mechanisms:
- For disputes involving employee personal information received by Amgen from Switzerland, Amgen has agreed to cooperate with the Swiss FDPIC; and
- For disputes involving employee personal information received by Amgen from the EEA, Amgen has agreed to cooperate with the data protection authorities in the EEA and to participate in the dispute resolution procedures of the panel established by the European data protection authorities.
- For all other disputes involving personal information transferred from the EEA, Amgen will cooperate with JAMS, an arbitration and mediation service provider, under the JAMS International Mediation Rules. Individuals may submit a complaint to JAMS pursuant to its rules, which are accessible on the JAMS web site at www.jamsadr.com/rules-international-rules.
Questions or comments regarding this Policy can be submitted to the Amgen Privacy Office by mail to:
Amgen Privacy Office
One Amgen Center Drive
Thousand Oaks, California 91320
Adherence by Amgen to the Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law, rule or regulation.
Changes to this Policy
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. A notice will be posted on this page of the Amgen website (www.amgen.com) for at least 60 days whenever this Policy is changed in a material way.
This Policy is effective as of July 16, 2012.