European Union Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“EU GDPR”) requires us as the data controller to provide additional and different information about its data processing practices to data subjects located in the European Economic Area (including Switzerland or UK) (“EEA”). If you are a data subject within the EEA, this Supplemental European Privacy Notice applies to you in addition to any other information we provide regarding data privacy.
1. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when applicable law allows us to so. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract that we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
- Necessary for scientific research purposes.
We may also use your personal data in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else’s interests).
- Where it is needed in the public interest or for official purposes.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to clinical studies in some countries in Europe.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need additional details about the specific legal ground that we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity | Category of personal data | Lawful basis for processing including basis of legitimate interest |
|---|---|---|
| To register you as a new client, contractor or employee. | (a) Identity
(b) Contact |
Performance of a contract with you |
| To process and deliver your service or order including:
(a) Manage payments, fees and charges (b) Collect and recover money owed to us |
(a) Identity
(b) Contact (c) Financial (d) Transaction (e) Marketing and Communications |
(a) Performance of a contract with you
(b) Necessary for our legitimate interests
|
| To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey (c) As an employee |
(a) Identity
(b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Financial |
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests
|
| To enable you to complete a survey | (a) Identity
(b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of a contract with you
(b) Necessary for our legitimate interests
|
| To administer and protect our business and our intranet and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity
(b) Contact (c) Profile (d) Technical (e) Usage |
(a) Necessary for our legitimate interests
(b) Necessary to comply with a legal obligation |
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity
(b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
Necessary for our legitimate interests
|
| To use data analytics to improve our website, products/services, marketing, customer relationships and experiences | (a) Technical
(b) Usage |
Necessary for our legitimate interests
|
| To make suggestions and recommendations to you about goods or services that may be of interest to you | (a) Identity
(b) Contact (c) Technical (d) Usage (e) Profile |
Necessary for our legitimate interests
|
| To conduct a research program | (a) Identity
(b) Contact (c) Financial (d) Special Categories (Health Data) |
Consent (in mainland Europe)
Necessary for our legitimate interests (in the United Kingdom)
Necessary for scientific research purposes |
2. CLINICAL TRIAL DATA
We undertake clinical studies within the EEA/UK and we will use information from subjects’ medical records and other health data in order to improve healthcare. As a pharmaceutical organisation, we have a legitimate interest in using information relating to your health for research studies, when you agree to take part in a research study. Our exception to the general provision at Article 9(1) GDPR not to process special categories of data is, dependent upon the country of study, either your explicit consent or that processing is necessary for scientific research purposes in accordance with Article 89(1) GDPR. This means that we will use your data when we act as the data controller for such studies, collected in the course of a research study, in the ways needed to conduct and analyse the research study. The Informed Consent Form will provide further detail of the processing of your personal data should you be a subject of a study. Your rights to access, change or move your information are limited, as we need to manage your information in specific ways in order for the research to be reliable and accurate. If you withdraw from the study, we will keep the information about you that we have already obtained. To safeguard your rights, we will use the minimum personally-identifiable information possible.
3. CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
4. INTERNATIONAL TRANSFERS OF PERSONAL DATA
We are based outside the European Economic Area, so the processing of your personal data may involve a transfer of data outside the EEA. Information on how to contact the DPO can be found in Section A of this Notice (“How to Contact Us”).
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
- Regarding transfers to the US, we are required to incorporate the model clauses in agreements for transfer provided by the European Commission in order to provide similar protection to personal data shared within Europe.
5. HOW LONG WE RETAIN YOUR PERSONAL DATA
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
6. YOUR DATA PROTECTION RIGHTS
Under certain circumstances, visitors from within the EEA have the following data protection rights:
- access to your personal data.
- correction of your personal data.
- erasure of your personal data.
- object to processing of your personal data.
- restrict of processing your personal data.
- transfer of your personal data.
- withdraw consent to any consent that you have previously given.
If you wish to exercise any of the rights set out above, please contact our DPO at sar@thedpo.co.uk. You can also contact the Supervisory Authority in the country of your residence within the EU for advice or to make a complaint. Please be aware that your rights in relation to clinical research data may be limited.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data 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.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.