ACA Pharma — Terms of Service & Privacy Policy
Last Updated: September 5, 2025
Applies to: acapharma.net and any linked pages, subdomains, portals, or forms that reference this Policy (together, the “Site”).
Table of Contents
- Part I — Terms of Service
- Acceptance of Terms
- Who We Are
- Changes to the Terms
- No Medical or Regulatory Advice
- Eligibility & Accounts
- Acceptable Use
- Intellectual Property
- User Submissions & Feedback
- Third‑Party Services & Links
- Product/Service Information & Availability
- Disclaimers
- Limitation of Liability
- Indemnification
- Export Controls & Sanctions
- Governing Law & Dispute Resolution
- Miscellaneous
- Part II — Privacy PolicyA. Scope & RolesB. Categories of Personal Information We CollectC. Sources of Personal InformationD. Purposes & Legal BasesE. How We Disclose Personal Information
F. Cookies, Analytics & Tracking
G. Retention
H. Security
I. International Data Transfers
J. Your Privacy Rights
K. Children’s Privacy
L. Do Not Track
M. Changes to This Policy
N. Contact Us
- Specialized Pharma Notices
- Pharmacovigilance & Safety Reporting
- Medical Information Inquiries
- Healthcare Professionals (HCPs) & Business Contacts
- Recruitment & Candidates
- Appendices
- Appendix A — U.S. State Privacy Disclosures (CA/VA/CO/CT/UT/etc.)
- Appendix B — EEA/UK/Swiss GDPR Disclosures
- Appendix C — Brazil (LGPD) Disclosures
- Appendix D — Data Processing Addendum (Summary & Link)
Part I — Terms of Service
1. Acceptance of Terms
By accessing or using the Site, you agree to be bound by these Terms of Service (the “Terms”) and our Privacy Policy. If you do not agree, do not use the Site. You represent and warrant that you have the authority to accept these Terms on behalf of yourself or any organization you represent.
2. Who We Are
“ACA Pharma,” “we,” “us,” or “our” refers to Advanced Care Associates LLC, a New York limited liability company with a mailing address at 7 Chatham Square, Suite 700, New York, NY 10038 USA. ACA Pharma operates a pharmaceutical commercialization and distribution platform serving U.S., EU & UK approved therapeutics for Greater China & Southeast Asia via affiliates in Macau, Hong Kong and Singapore.
Contact: team@acapharma.net
3. Changes to the Terms
We may update these Terms from time to time. Changes are effective when posted with an updated “Last Updated” date. Your continued use after changes means you accept the revised Terms.
4. No Medical or Regulatory Advice
The Site provides general corporate, product, and pipeline information for business, medical‑information, and investor audiences. It is not medical advice and is not a substitute for consultation with qualified healthcare professionals. Do not use the Site for medical emergencies.
Product statements may be forward‑looking, investigational, or subject to regulatory review and local labeling. Availability, indications, dosing, and safety information vary by jurisdiction. Always consult the official prescribing information and local regulators.
5. Eligibility & Accounts
You must be of legal age in your jurisdiction to use the Site. We may offer user accounts or portals to specific audiences (e.g., distributors, HCPs). You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use.
6. Acceptable Use
You agree not to: (a) copy, modify, or create derivative works of the Site; (b) reverse engineer or interfere with the Site’s functionality; (c) use the Site to violate law, infringe rights, or transmit malware; (d) engage in data scraping, automated collection, or bulk harvesting without our prior written consent; (e) misrepresent your identity or affiliation; (f) bypass technical controls; (g) submit unlawful, defamatory, or infringing content.
7. Intellectual Property
The Site, including text, graphics, logos, icons, images, audio/video, code, and compilations, is owned by ACA Pharma or our licensors and is protected by IP laws. You may access the Site for your internal business use. Any other use requires our prior written consent. Trademarks, service marks, and trade dress may not be used without permission.
8. User Submissions & Feedback
If you submit content (e.g., inquiries, forms, CVs, feedback), you grant ACA Pharma a non‑exclusive, worldwide, royalty‑free license to use, reproduce, and display such content for the purposes for which it was provided and consistent with our Privacy Policy. You represent you have rights to submit the content and that it does not violate law or third‑party rights. We are not obligated to keep feedback confidential or to compensate you for it.
9. Third‑Party Services & Links
The Site may link to third‑party websites, services, or content (collectively, “Third‑Party Services”). We do not control or endorse Third‑Party Services and are not responsible for their content, accuracy, or practices. Your use of Third‑Party Services is at your own risk and may be governed by separate terms and privacy policies.
10. Product/Service Information & Availability
Any product, service, or program descriptions on the Site are for informational purposes only and do not constitute offers, solicitations, or guarantees. Availability is subject to regulatory approvals, distribution agreements, and local market conditions. We may modify or discontinue offerings without notice.
11. Disclaimers
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ACA PHARMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT DEFECTS WILL BE CORRECTED.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACA PHARMA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED US$100 OR THE AMOUNT YOU PAID TO US FOR ACCESS TO THE SITE IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
13. Indemnification
You agree to defend, indemnify, and hold harmless ACA Pharma and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of another.
14. Export Controls & Sanctions
You must comply with applicable export controls, sanctions, and anti‑corruption laws (including U.S. Export Administration Regulations, OFAC sanctions, and the FCPA). You may not use or access the Site from embargoed jurisdictions or for prohibited end uses.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. You consent to exclusive jurisdiction and venue in the state and federal courts located in New York County, New York.
Class Action & Jury Trial Waiver: To the extent permitted by law, you waive any right to participate in class actions or jury trials against ACA Pharma relating to the Site or these Terms.
16. Miscellaneous
These Terms (together with the Privacy Policy and any additional notices) are the entire agreement between you and ACA Pharma regarding the Site and supersede prior discussions. If any provision is held invalid, the remainder will remain in effect. We may assign these Terms. You may not assign without our prior written consent. Force majeure applies to events beyond our reasonable control.
Part II — Privacy Policy
Notice at Collection (California): We collect the categories of personal information described below for the purposes set out in this Policy. We do not sell personal information and do not share it for cross‑context behavioral advertising as those terms are defined under the California Consumer Privacy Act (as amended by the CPRA). See Appendix A for state‑specific rights.
A. Scope & Roles
This Privacy Policy explains how ACA Pharma processes personal information as a controller/business when you visit the Site, communicate with us, or engage with our services. For certain activities (e.g., processing on behalf of clients), we may act as a processor/service provider under a separate Data Processing Addendum.
B. Categories of Personal Information We Collect
Depending on your interactions, we may collect:
- Identifiers: name, email, phone, postal address, IP address, device IDs.
- Professional/Business Info: employer, job title, specialty (e.g., HCP), credentials.
- Commercial & Inquiry Data: records of requests, quotes, contracts, distribution interest.
- Internet/Network Activity: log data, pages viewed, referrers, timestamps, approximate location, cookie IDs.
- Sensitive Data (limited): information in safety reports (adverse events), health information provided in medical information inquiries (HCP context), government‑issued identifiers only where legally required for compliance (e.g., PV follow‑up).
- Recruitment Data: CVs, cover letters, work history, references.
- Audio/Visual: voicemail, event/webinar recordings, submitted materials.
C. Sources of Personal Information
- Directly from you (web forms, email, phone, events).
- Automatically via cookies, pixels, and similar technologies.
- From our affiliates and distribution partners.
- From service providers (e.g., analytics, hosting, security).
- From publicly available sources and professional databases.
D. Purposes & Legal Bases
We process personal information to:
- Operate, secure, and improve the Site (legitimate interests / necessary for service).
- Respond to inquiries, provide customer support, and manage relationships (contract / legitimate interests).
- Evaluate and enter into business relationships and distribution agreements (contract / legitimate interests).
- Conduct pharmacovigilance and product safety activities (legal obligation / public interest in healthcare).
- Send administrative or transactional communications (contract / legitimate interests).
- Conduct marketing to business contacts where permitted (consent or legitimate interests; you may opt out).
- Comply with laws, regulations, and lawful requests; enforce our rights (legal obligation / legitimate interests).
- Recruit candidates and manage applications (consent / legitimate interests).
Where we rely on consent, you may withdraw it at any time with future effect.
E. How We Disclose Personal Information
We may disclose personal information to:
- Service Providers/Processors: hosting, IT, analytics, security, email, CRM, customer support.
- Affiliates: including entities in Macau, Hong Kong, Singapore for internal business purposes consistent with this Policy.
- Business Partners/Distributors: in connection with legitimate business opportunities or contractual performance.
- Legal/Regulatory: competent authorities for compliance, safety reporting, and law enforcement.
- Corporate Transactions: in mergers, acquisitions, financings, or transfers, subject to appropriate safeguards.
Selling/Sharing: We do not sell personal information or share it for cross‑context behavioral advertising. We also do not use or disclose Sensitive Personal Information for purposes requiring a “Limit Use” link under the CPRA.
F. Cookies, Analytics & Tracking
We use cookies and similar technologies to run the Site, improve performance, and understand usage. Categories may include:
- Strictly Necessary (security, load balancing, session management)
- Functional (remember preferences)
- Analytics (e.g., page metrics)
Your Choices: You can manage cookies via browser settings and (where required) through our Cookie Preferences link. Blocking some cookies may impact Site functionality.
G. Retention
We retain personal information for as long as necessary for the purposes described or as required by law (e.g., pharmacovigilance data is retained for extended periods per regulatory obligations). We consider the amount, nature, and sensitivity of data, potential risk of harm, and legal requirements.
H. Security
We implement administrative, technical, and physical safeguards appropriate to the risk (e.g., access controls, encryption in transit, vendor diligence). No method of transmission or storage is 100% secure; we cannot guarantee absolute security.
I. International Data Transfers
Where data is transferred internationally (e.g., from the EEA/UK/Switzerland to the U.S. or APAC), we rely on appropriate safeguards such as EU/UK Standard Contractual Clauses and supplementary measures.
J. Your Privacy Rights
Your rights vary by location and may include: access, correction, deletion, portability, restriction/objection, and consent withdrawal. U.S. state laws may also provide opt‑out rights from targeted advertising, sale, or profiling. To exercise rights:
- Submit a request: team@acapharma.net
- Verification: We may verify your identity before acting on your request.
- Authorized Agents: Allowed where state law permits with proper authorization.
- Response Times: We will respond within applicable legal timelines.
K. Children’s Privacy
The Site is not directed to children under 13 (or 16 where applicable). We do not knowingly collect data from children. If you believe a child has provided data, contact us to delete it.
L. Do Not Track
The Site does not respond to browser Do Not Track signals. You may use our Cookie Preferences tool and applicable opt‑outs.
M. Changes to This Policy
We may update this Policy from time to time. Material changes will be noted by updating the “Last Updated” date and, where required, additional notice.
N. Contact Us
Controller: ACA Pharma
Address: 7 Chatham Square, Suite 700, New York, NY 10038 USA
Email: team@acapharma.net
Specialized Pharma Notices
1. Pharmacovigilance & Safety Reporting
We process personal information contained in adverse event reports and product quality complaints to comply with pharmacovigilance laws. This may include patient and reporter details, medical history, and event data.
Legal Bases: legal obligation, substantial public interest in public health, and/or public interest in ensuring high standards of quality and safety of healthcare and medicinal products.
Retention: kept as long as required by applicable laws and guidance, which may extend for many years after the last marketing authorization for the product has been withdrawn.
Disclosures: regulators, license partners, safety database vendors, and healthcare authorities as required.
2. Medical Information Inquiries
We provide scientific/medical information responses to HCPs, patients, and caregivers. Personal data submitted in inquiries (including health information) is used only to respond, for audit/regulatory purposes, and quality assurance.
Do not submit personal health information unless necessary for your request. For emergencies, contact local emergency services or your healthcare provider.
3. Healthcare Professionals (HCPs) & Business Contacts
We may create and maintain professional profiles (e.g., specialty, institution, interests) for engagement planning, permissible marketing, medical information, and congress/events.
Legal Bases: legitimate interests, consent (where required), and compliance with industry codes.
Transparency: Where required, we may publish or report transfers of value to HCPs/HCOs per local law.
4. Recruitment & Candidates
If you apply for a role, we process your CV and related information to evaluate your candidacy, schedule interviews, verify qualifications, and comply with law. If we invite you to complete background checks, we will provide additional notices and obtain any required consents.
Appendices
Appendix A — U.S. State Privacy Disclosures
California (CCPA/CPRA): You have the right to know, access, correct, delete, and (where applicable) opt out of sharing for targeted advertising. We do not sell or share personal information as defined by the CPRA and do not use Sensitive Personal Information for additional purposes that require a “Limit Use” link. You may designate an authorized agent. Non‑discrimination: we will not discriminate against you for exercising your rights.
Virginia/Colorado/Connecticut/Utah and other U.S. state laws: Subject to verification and exemptions, you may request access, correction, deletion, and portability, and opt out of targeted advertising, sale, or profiling in furtherance of decisions with legal or similarly significant effects. You may also appeal a denied request by emailing team@acapharma.net with “Appeal” in the subject.
Nevada: We do not sell covered information as defined by Nevada law.
Shine the Light (CA Civ. Code §1798.83): We do not disclose personal information to third parties for their own direct marketing.
Appendix B — EEA/UK/Swiss GDPR Disclosures
Controller: ACA Pharma
Legal Bases: As set out above (contract, legitimate interests, consent, legal obligation, public interest/public health for PV).
Data Subject Rights: access, rectification, erasure, restriction, portability, objection; the right to withdraw consent; and the right to lodge a complaint with a supervisory authority.
International Transfers: Standard Contractual Clauses (EU/UK), plus supplementary measures where required.
Automated Decision‑Making: We do not engage in automated decisions producing legal or similarly significant effects without human involvement.
Appendix C — Brazil (LGPD) Disclosures
We process personal data under LGPD legal bases such as consent, contract, legitimate interests, and legal/regulatory obligations (including PV). You may exercise rights of confirmation, access, correction, anonymization, blocking, deletion, portability, and information about data sharing, as well as review of automated decisions, by contacting team@acapharma.net.
Appendix D — Data Processing Addendum (Summary & Link)
Where ACA Pharma acts as a processor/service provider to clients (e.g., distributors, licensors), processing is governed by a Data Processing Addendum incorporating Article 28 GDPR and applicable standard contractual clauses.
Request our DPA: team@acapharma.net.
Sub‑processors: hosting/IT, CRM, analytics, safety databases, email, support, and compliance vendors (a current list is available on request).