US Supplemental Privacy Notice

Last Updated September 18, 2023

This US Supplemental Privacy Notice (“Supplemental Notice”) applies only to information collected about California, Colorado, Virginia, Utah, and Connecticut consumers. It provides information required under the following laws, (collectively, “US State Privacy Laws”):

• California Consumer Privacy Act of 2018 and California Privacy Rights Act of 2020 (collectively, the “CPRA”)
• Colorado Privacy Act of 2021 (the “CPA”)
• Connecticut Data Privacy Act (“CTDPA”)
• Utah Consumer Privacy Act of 2022 (the “UCPA”)
• Virginia Consumer Data Protection Act of 2021 (the “VCDPA”)

We also provide information collected about Nevada consumers under the heading “Privacy Notice for Nevada Residents” at the end of this Supplemental Notice. The other portions of this Supplemental Notice do not apply to Nevada consumers.

This Supplemental Notice describes JANSSEN PHARMACEUTICALS, INC.’s (“we,” “us,” “our”) practices regarding the collection, use, and disclosure of Personal Information and provides instructions for submitting data subject requests. This Supplemental Notice is parallel in scope to our Global Privacy Policy and should be read in conjunction with our Global Privacy Policy.

Some portions of this Supplemental Notice apply only to consumers of particular states. In those instances, we have indicated that such language applies only to those consumers.

• 1. Definitions
     • "Personal Information" means 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. Personal Information includes “personal data” as that term is defined in the applicable US State Privacy Law. Personal Information also includes “Sensitive Personal Information,” as defined below, except where otherwise noted.
     • "Sensitive Personal Information" means Personal Information that reveals a consumer’s social security, driver’s license, state identification card, or passport number; account log-in, financial account number, debit card number, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious beliefs, or union membership; contents of email or text messages; and genetic data. Sensitive Personal Information also includes processing of biometric information for the purpose of uniquely identifying a consumer and Personal Information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation. Sensitive Personal Information also includes “sensitive data” as that term is defined in the applicable US State Privacy Law.
     • "Third Party" has the meanings afforded to it in the applicable US State Privacy Law.
     • "Vendor" means a service provider, contractor, or processor as those terms are defined in the applicable US State Privacy Law.
     To the extent other terms used in this Supplemental Notice are defined terms under the applicable US State Privacy Law, they shall have the meanings afforded to them in those statutes, whether or not capitalized herein. As there are some variations between such definitions in each of the state statutes, the definitions applicable to you are those provided in the statute for the state in which you are a consumer. For example, if you are a Virginia consumer, terms used in this Supplemental Notice that are defined terms in the VCDPA shall have the meanings afforded to them in the VCDPA as this Supplemental Notice applies to you.
  2. Collection & Processing of Personal Information
     We, and our Vendors, may have collected and processed the following categories of Personal Information about you in the preceding 12 months:
     1. (1) Identifiers, such as name, alias, online identifiers, account name, physical characteristics or description;
     2. (2) Contact and financial information, including phone number, address, email address, financial information, medical information, health insurance information;
     3. (3) Characteristics of protected classifications under state or federal law, such as age, gender, race, physical or mental health conditions, and marital status;
     4. (4) Commercial information, such as transaction information, payment information, tax withholding information and purchase history;
     5. (5) Biometric information;
     6. (6) Internet or other electronic network activity information, such as browsing history, search history and interactions with our websites or advertisements;
     7. (7) Geolocation data, such as device location;
     8. (8) Audio, electronic, visual and similar information, such as call and video recordings;
     9. (9) Professional or employment-related information, such as specialty, education history, professional qualifications, work history and prior employer;
     10. (10) Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics; and
     11. (11) Sensitive personal information, including:
         1. Personal Information that reveals:
            1. Social security, driver’s license, state identification card, or passport number;
            2. Account log-in, financial account number, debit card number, or credit card number in combination with any required security or access code, password, or credentials for allowing access to an account;
            3. Precise geolocation;
            4. Racial or ethnic origin, religious or philosophical beliefs, or union membership;
            5. Genetic data.
         2. Biometric data processed for the purpose of uniquely identifying a consumer;
         3. Personal Information collected and analyzed concerning a consumer’s health; and
         4. Personal Information collected and analyzed concerning a consumer’s sex life or sexual orientation.
     Retention of Personal Information. We retain your Personal Information for the period reasonably necessary to provide goods and services to you and for the period reasonably necessary to support our business operational purposes listed in Section E.
  3. Categories of Personal Information We Disclose to Vendors & Third Parties
     We may disclose the following categories of Personal Information to Vendors and Third Parties:
     1. (1) Identifiers, such as name, alias, online identifiers, account name, physical characteristics or description;
     2. (2) Contact and financial information, including phone number, address, email address, financial information, medical information, health insurance information;
     3. (3) Characteristics of protected classifications under state or federal law, such as age, gender, race, physical or mental health conditions, and marital status;
     4. (4) Commercial information, such as transaction information, payment information, tax withholding information and purchase history;
     5. (5) Biometric information;
     6. (6) Internet or other electronic network activity information, such as browsing history, search history and interactions with our websites or advertisements;
     7. (7) Geolocation data, such as device location;
     8. (8) Audio, electronic, visual and similar information, such as call and video recordings;
     9. (9) Professional or employment-related information, such as specialty, education history, professional qualifications, work history and prior employer;
     10. (10) Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics; and
     11. (11) Sensitive personal information, including:
         1. Personal Information that reveals:
            1. Social security, driver’s license, state identification card, or passport number;
            2. Account log-in, financial account number, debit card number, or credit card number in combination with any required security or access code, password, or credentials for allowing access to an account;
            3. Precise geolocation;
            4. Racial or ethnic origin, religious or philosophical beliefs, or union membership;
            5. Genetic data.
         2. Biometric data processed for the purpose of uniquely identifying a consumer;
         3. Personal Information collected and analyzed concerning a consumer’s health; and
         4. Personal Information collected and analyzed concerning a consumer’s sex life or sexual orientation.
     Disclosure for California Consumers: Unless specifically stated, we have not sold or shared Personal Information about California consumers to third parties for their own use in the past twelve months. Relatedly, we do not have actual knowledge that we sell or share Personal Information of California consumers under 16 years of age. However, we may share your personal information with our affiliates and trusted partners in arrangements that may meet the broad definition of “sale” or “share” under California law. In these arrangements, use of the information we share is limited by policies, contracts, or similar restrictions.
     For purposes of the CPRA, a “sale” is the disclosure of Personal Information to a Third Party for monetary or other valuable consideration, and a “share” is the disclosure of Personal Information to a Third Party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.
     Disclosure for Colorado, Virginia, Utah, and Connecticut Consumers: Unless specifically stated, we do not sell or share Personal Information to Third Parties for their own use. However, we may share or process one or more of the above categories of personal information with our affiliates and trusted partners in arrangements for purposes of targeted advertising, as the terms “sell,” “share,” “process,” and “targeted advertising” are defined in the CPA, VCDPA, UCPA, and CTDPA. In these arrangements, use of the information we share is limited by policies, contracts or similar restrictions.
  4. Sources from Which We Collect Personal Information
     We collect Personal Information directly from California, Colorado, Virginia, Utah, and Connecticut consumers, as well as from our affiliates, business partners, joint marketing partners, public databases, providers of demographic data, publications, professional organizations, social media platforms, caregivers, third party information providers, affiliates with whom you have a business relationship, service providers with which we have a contractual relationship and to which you have provided your personal information, cookies and other tracking technologies, and Vendors and Third Parties when they share the information with us.
  5. Purposes for Processing Personal Information
     We, and our Vendors, collect and process the Personal Information (excluding Sensitive Personal Information) described in this Supplemental Notice to:
     • Operate, manage, and maintain our business;
     • Respond to your inquiries and to fulfill your requests;
     • Send you important information regarding our relationship with you or regarding this website, changes to our terms, conditions, and policies and/or other administrative information;
     • Conduct audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements;
     • Prevent fraud or crime, and for risk and technical security monitoring purposes;
     • Facilitate the development of new products and services;
     • Enhance, improve or modify our website or products and services;
     • Perform research, analytics and, data analysis;
     • Determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users;
     • Personalize, advertise, and market our products and services;
     • Comply with law, legal process, and internal policies;
     • Maintain records;
     • Exercise and defend legal claims; and
     • Otherwise accomplish our business purposes and objectives.
     We, and our Vendors, collect and process the Sensitive Personal Information described in this Supplemental Notice for:
     • Performing the services or providing the goods reasonably expected by an average consumer who requests those goods or services;
     • Ensuring security and integrity to the extent the use of the consumer's Personal Information is reasonably necessary and proportionate for these purposes;
     • Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf;
     • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us;
     • Personalizing, advertising, and marketing our products and services;
     • Conducting research, analytics, and data analysis;
     • Performing accounting, audit, and other internal functions, such as internal investigations;
     • Complying with law, legal process, and internal policies;
     • Determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users;
     • Personalize, advertise, and market our products and services;
     • Comply with law, legal process, and internal policies;
     • Maintaining records;
     • Exercising and defending legal claims; and
     • Otherwise accomplishing our business purposes and objectives.
  6. Categories of Entities to Whom We Disclose Personal Information
     • Affiliates & Vendors. We may disclose your Personal Information to our affiliates and Vendors for the purposes described in Section E of this US Annex. A list of our affiliates is available at https://johnsonandjohnson.gcs-web.com/financial-information/sec-filings (click on the link for Form 10K, Exhibit 21, under “SEC Filings”). Our Vendors provide us with services for our websites, as well as other products and services, such as web hosting and moderating, mobile application hosting, data analysis, payment processing, order fulfillment, customer service, infrastructure provision, technology services, email and direct mail delivery services, auditing, legal services, and other similar services. We grant our Vendors access to Personal Information only to the extent needed for them to perform their functions, and require them to protect the confidentiality and security of such information.
     • Third Parties. We may disclose your Personal Information to the following categories of Third Parties:
       • At Your Direction. We may disclose your Personal Information to any Third Party with your consent or at your direction.
       • Business Transfers or Assignments. We may disclose your Personal Information to other entities as reasonably necessary to facilitate a reorganization, merger, sale, joint venture or collaboration, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
       • Third Party Co-Branding and Co-Marketing Partners. We may share your Personal Information with our third party partners with whom we offer a co-branded or co-marketed promotion.
       • Third Party Advertising Partners. To improve the effectiveness of our communication with you and our marketing campaigns, we may share our data with our third party advertising partners, including social media, medical journals and publishers.
       • Legal and Regulatory. We may disclose your Personal Information to government authorities, including regulatory agencies and courts, as reasonably necessary for our business operational purposes, to assert and defend legal claims, and otherwise as permitted or required by law.
  7. Data Subject Rights
     • Exercising Data Subject Rights. California, Colorado, Virginia Utah, and Connecticut consumers have certain rights with respect to the collection and use of their Personal Information. Those rights vary by state. As required by the CPRA, we provide detailed information below regarding the data subject rights available to California consumers. Colorado, Virginia, Utah, and Connecticut consumers have similar rights and can find more detail by referencing the applicable US State Privacy Law.
       • You may exercise the data subject rights applicable to you under the applicable US State Privacy Law by clicking here https://www.janssen.com/us/privacy-request/ or contacting us at 800-JANSSEN (526-7736). While we will make reasonable efforts to accommodate your request, we reserve the right to impose certain restrictions or requirements on your request, if allowed by or required by applicable law.
       • Consumers in some states may also authorize an agent to make data subject requests on their behalf.
     • Verification of Data Subject Requests. We may ask you to provide information that will enable us to verify your identity in order to comply with your data subject request. In particular, when a California or Connecticut consumer authorizes an agent to make a request on their behalf, we may require the agent to provide proof of signed permission from the consumer to submit the request, or we may require the consumer to verify their own identity to us or confirm with us that they provided the agent with permission to submit the request. In some instances, we may decline to honor your request if an exception applies under applicable law. We will respond to your request consistent with applicable law.
     • Non-Discrimination. We will not discriminate against you for exercising your data subject rights. For example, we will not deny goods or services to you, or charge you different prices or rates, or provide a different level of quality for products or services as a result of you exercising your data subject rights.
     • Appeals To appeal our decision on your data subject requests, you may click here https://privacyportal.onetrust.com/webform/96f23ee1-34e3-41d6-8d5a-07f0d554152b/926e6f82-2e1b-40a8-8f34-c0e226862f5a. Please enclose a copy of or otherwise specifically reference our decision on your data subject request, so that we may adequately address your appeal. We will respond to your appeal in accordance with applicable law.
     • Data Subject Rights Disclosure
       • Right to Receive Information on Privacy Practices: You have the right to receive the following information at or before the point of collection:
         • The categories of Personal Information to be collected;
         • The purposes for which the categories of Personal Information are collected or used;
         • Whether or not that Personal Information is sold or shared;
         • If the business collects Sensitive Personal Information, the categories of Sensitive Personal Information to be collected, the purposes for which it is collected or used, and whether that information is sold or shared; and
         • The length of time the business intends to retain each category of Personal Information, or if that is not possible, the criteria used to determine that period.
         We have provided such information in this Supplemental Notice, and you may request further information about our privacy practices by clicking here https://www.janssen.com/us/privacy-request/ or contacting us at 800-JANSSEN (526-7736).
       • Right to Deletion: You may request that we delete any Personal Information about you that we collected from you.
       • Right to Correction: You may request that we correct any inaccurate Personal Information we maintain about you.
       • Right to Know: You may request that we provide you with the following information about how we have handled your Personal Information in the 12 months preceding your request:
         • The categories of Personal Information we collected about you;
         • The categories of sources from which we collected such Personal Information;
         • The business or commercial purpose for collecting Personal Information about you;
         • The categories of Personal Information about you that we shared or disclosed and the categories of Third Parties with whom we shared or disclosed such Personal Information; and
         • The specific pieces of Personal Information we have collected about you.
       • Right to Receive Information About Onward Disclosures: You may request that we disclose to you:
         • The categories of Personal Information that we have collected about you;
         • The categories of Personal Information that we have sold or shared about you and the categories of Third Parties to whom the Personal Information was sold or shared; and
         • The categories of Personal Information we have disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.
       • Right to Non-Discrimination: You have the right not to be discriminated against for exercising your data subject rights. We will not discriminate against you for exercising your data subject rights.
       • Right to Restrict or Limit the Use of Sensitive Personal Information: You have the right to restrict the use and disclosure of sensitive personal information to certain purposes related to the offering of goods or services as listed in the CPRA. To exercise this right, you or your authorized representative may submit a request by clicking on the following link: Limit the Use of My Sensitive Personal Information
       • Right to Opt Out of Sharing, Disclosure, or Sale of Personal Information:You have the right to direct us to not share, disclose, or sell your personal information. To exercise this right, you or your authorized representative may submit a request by clicking on the following link: Do Not Sell or Share My Personal Information
  8. Other Disclosures
     • California Residents Under Age 18. If you are a resident of California under the age of 18 and a registered user of our website, you may ask us to remove content or data that you have posted to the website by clicking here https://www.janssen.com/us/privacy-request/ or contacting us at 800-JANSSEN (526-7736). Please note that your request does not ensure complete or comprehensive removal of the content or data, as, for example, some of your content or data may have been reposted by another user.
     • Disclosure About Direct Marketing for California Residents. California Civil Code § 1798.83 permits California residents to annually request certain information regarding our disclosure of Personal Information to other entities for their direct marketing purposes in the preceding calendar year. We do not distribute your Personal Information to other entities for their own direct marketing purposes.
     • Financial Incentives for California Consumers. We offer various types of financial incentives in exchange for your personal information, such as coupons, discounts, promotions, loyalty points, sweepstakes, contests, surveys, and other exclusive offers for California consumers who sign up to receive our marketing emails or join our loyalty program. The amount and terms of such offers will be presented to you at the time of the offer. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your email address) and commercial information (like your purchase history). Solely for purposes of California privacy law, we reasonably estimate the value of the discount, coupon, or other financial incentive that we offer to you to be equal to or greater than the value we receive from a consumer’s personal information collected in connection with the offer. We reasonably estimate the value of a consumer’s data by estimating the expenses related to the provision of each incentive program per consumer. We incur a variety of expenses for providing financial incentives, such as administrative and technical expenses associated with maintaining a loyalty program and costs associated with discounts on purchases. Participation in our financial incentives is voluntary. You may opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt out by unsubscribing from our emails or closing your loyalty member account.
     • Changes to our Supplemental Notice. We reserve the right to amend this Supplemental Notice at our discretion and at any time. When we make material changes to this Supplemental Notice, we will notify you by posting an updated Supplemental Notice on our website and listing the effective date of such updates.