Last updated: February 2021
Takeda recognizes and respects the privacy rights of individuals with regard to their personal data. This Privacy Notice (“Notice”) explains what type of personal data we may collect about you and how we use it.
Your privacy is important to us. If you have any questions concerning Takeda’s privacy practices or wish to exercise your rights relating to personal data that Takeda has collected about you, please contact us as described in the “How to Contact Us” section below.
Applicability and Organizations Covered by This Privacy Notice
Takeda is a group of companies with operations globally. The Takeda enterprise (“Takeda”, “we”, “us”, “our”) includes the parent company Takeda Pharmaceutical Company Limited, and its affiliated entities. For contact information related to your local affiliate, please refer to Takeda’s local country or region websites for more information about products available around the world.
This Notice applies to Takeda websites, as well as other Takeda services and activities that display or reference this Notice (together “Services”).
Any person accessing, browsing or otherwise using the Services, either manually or via an automated device or program, shall be considered a “User.”
Personal Data We Collect and Use
Takeda collects personal data to operate effectively and provide you with the best experiences from our Services.
Takeda may collect information directly from you through your interactions with us when you sign up for a Service, enter into a contract with us, submit an application to us, and through various other engagements we may have with you. We may use technologies that automatically collect information when you visit our sites, view our advertisements, or use our products or services.
We also may collect information about you from third parties, such as our vendors, suppliers, contractors, and business partners. For example, we may use such third-party data to confirm contact or financial information, to verify qualifications of healthcare professionals and to check references.
The type of personal data we collect depends on the interactions you have with Takeda and the Takeda Services you use. The specific type of personal data we process about you will be outlined in the specific privacy notice that you receive from us. If you are simply browsing one of Takeda websites, we would only process limited types of personal data such as:
- Name and contact data: We may collect your name, postal address, email address, telephone number and other similar contact data if you voluntarily provide this to us.
- Usage data: We may collect data about how you and your device interact with our Services, such as Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser-plug-in types and versions, operating system and platform; Information about your visit and online activities (e.g. page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.)
- Relationship and interaction data: We may collect data about our interactions and meetings, such as when you contact us for information and support.
- Location data: We may collect imprecise data such as. a location derived from your IP address or data that indicates where you are located with less precision, such as at a city or postcode level.
- Legally Required Information: We may collect additional data about you that is related to patient safety and adverse events, or that may be required by laws that apply to Takeda.
In some cases, and only for certain types of services, we may enhance the information we hold about individuals with information we receive from third parties and with information which is publicly or commercially available and/or which is obtained by any other legal means.
For example, we may collect publicly available information, including online postings, social media platforms, publication databases, journals, and societies. Please note that any information you post or disclose through these services may become publicly available information to users of the service you provided it to, and to the general public. We urge you to be very careful when deciding to disclose your personal data, or any other information, in these forums, and to carefully review and familiarize yourself with applicable privacy settings and options.
How We Use Personal Data
Depending on your relationship with Takeda, Takeda uses the personal data we collect for a number of basic purposes, described in more detail below: (1) for business operations (marketing and sales, research and development, patient support, donations and sponsorships, communications), (2) for business administration (finance and accounting, human resources, prevention and investigatory activities), (3) for business management (internal audit, asset management, system and business controls), and (4) as necessary to protect the health, safety, and security of Takeda personnel and to comply with legal requirements and obligations. Takeda does not sell your personal data.
We may use personal data:
- To communicate with you regarding any requests or inquiries you may submit and to provide you with related support or Service.
- To contact you from time to time to provide you with important information, required notices, and promotional materials.
- To send administrative information to you, for example, information regarding the (changes to) Services we provide.
- To personalize your experience when using our Services by presenting products and offers tailored to you when relevant and appropriate.
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, conducting surveys, and operating and expanding our business activities.
- To better understand how our products and Services impact you, to track and respond to safety concerns and to further develop and improve our products and Services.
- As we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may incur.
Legal Basis for Processing Personal Data
When Takeda engages in the processing of your personal data, we will only do so if this is allowed, also referred to as having a legal basis to process your personal data. The legal bases Takeda would rely on include:
- when we have a contract or agreement with you – for example, a contract to supply goods or services (i.e. when you engage with us to visit a Takeda organized event, or order information on-line), or an employee contract;
- when we must comply with a legal obligation – for example, when processing your data is a legal requirement, for example in some countries there are transparency requirements regarding interaction with healthcare professionals, or to provide information to authorities in case of adverse events related to use of our products;
- when data processing is in your vital interests – for example, when this might protect your life;
- when processing your data for our legitimate interests as a pharmaceutical company in compliance with our corporate policies – for example, to communicate with you about our products and services, about scientific research and educational opportunities, scientific and market research surveys, as well as for the effective continuation of our business operations.
In all situations where there is no other legal basis, Takeda will ask for your agreement (known as “consent”) as legal basis to process your personal data.
Note that if you provide your consent, you may also at any time withdraw your consent by contacting us as described in the “How to Contact Us” section. It is also important to know that you have other rights regarding the processing of your personal data, see the section on “Your rights related to your personal data”.
Who We Share Personal Data With
We share data with Takeda-controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our Services; and to protect the rights or property of Takeda.
In such cases, Takeda will require these third parties to protect the confidentiality and security of the personal data that is shared with them. These third parties will be required to agree that they will not use or disclose personal data about you except as necessary to provide services to us or perform services on our behalf, or as necessary to comply with applicable laws or regulations.
Takeda may share your personal data with affiliates and third parties as follows:
- Among affiliates for the purposes described in this Notice. Takeda is the party responsible for the management of the jointly used personal data.
- To our third-party service providers that provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services. Takeda policy requires that our service providers adhere to appropriate restrictions on access and use of your personal data.
- To third parties to allow them to send marketing communications.
- To third-party sponsors of sweepstakes, contests and similar promotions.
We may also disclose your personal data in the following circumstances:
- In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-off, transfer or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings. As required by law, including laws outside your country of residence, to comply with a subpoena, required registration, or legal process.
We may also disclose aggregate or de-identified data that is not personally identifiable to third parties. Aggregate data is created by collecting and processing information about individuals and summarizing the data, eliminating the possibility to identify an individual.
How Do We Protect Your Personal Data
We have implemented a variety of security technologies and organizational procedures to protect your personal data from unauthorized access, use and disclosure. For example, we store your personal data on computer systems that have various types of technical and physical access controls, such as encryption. Takeda has implemented data security controls consistent with industry standards; however, Takeda cannot guarantee the security of your information. It is also important for you to protect against unauthorized access to your password(s) and your computer, mobile devices, etc. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us immediately as described in the “How to Contact Us” section below.
Where We Store and Process Personal Data
As Takeda is a multi-national organization with locations in many countries around the world, your personal data may be stored and processed in any country in which we operate, including where we have facilities, or in which we engage service providers. Takeda takes steps to process personal data according to the provisions of this Notice and the requirements of applicable law.
Takeda may transfer personal data to countries outside of your country of residence. The laws of the receiving countries may not provide as stringent protections for personal data as your country of residence. In instances where a lesser level of protection is provided by a receiving country, Takeda undertakes that adequate safeguards are in place and that applicable laws and regulations are complied with in connection with such transfers.
In certain cases, Takeda undertakes to enter into contractual agreements (e.g., European Union Standard Contractual Clauses), or relies on other available data transfer mechanisms that aim to provide adequate protections.
To obtain additional information regarding the safeguards that Takeda has put in place to govern cross-border transfers of personal data, please contact us using the information provided in the “How to Contact Us” section.
Takeda will retain your personal data only for the minimum period necessary to fulfill the purposes outlined in this Notice unless a longer retention period is required or permitted by law.
Your Rights Related to Your Personal Data
You have choices about the data we collect. When you are asked to share your personal data with Takeda, you may decline; however, your choice not to share your personal data with Takeda may mean you will not be able to use or (fully) benefit from our Services, features or offerings.
Takeda respects your right, or where permitted by law, your authorized agent, to know and inquire about what personal data we have collected, used or disclosed. In addition, you or your authorized agent, have the right to request correction or deletion of such personal data, as well as to request removal of your personal data held by third parties with whom we conduct business. Takeda will not discriminate against you based on your exercise of any of these rights.
For more information about your privacy rights, or if you are not able to resolve a problem directly with us and wish to make a complaint, please contact the relevant data protection authority that is responsible for making sure that privacy laws are followed in your country of residence. Individuals residing in the EEA may find a list of their local data protection authorities at https://edpb.europa.eu/about-edpb/board/members_en. For further details on other jurisdictions’ data protection authorities, please contact us as described in the “How to Contact Us” section below.
If you would like to make a request for Takeda to access, correct or delete personal data that you have provided to Takeda, please contact us as described in the “How to Contact Us” section below, and we will respond in a reasonable time. We will make a good faith effort to provide you with access to your personal data and to correct any inaccuracies or delete such information at your request if it is not otherwise required to be retained by law or under other legally permitted exceptions. If for any reason your request is declined, we will notify you. Before fulfilling your requests we may require additional information from you in order to verify your identity.
Takeda will inform you if it intends to use your data for marketing purposes and to send marketing communications to you or if it intends to disclose your information to any third party for such purposes. You have the right to opt out from marketing communications that are being sent to you by Takeda. You can exercise your right to prevent such processing by informing Takeda at any time that you do not wish to receive such marketing. Where you wish to exercise this right, please use the “unsubscribe” functionality in the relevant communications or refer to the “How to Contact Us” section below.
Takeda treats children’s information with extra care to ensure that they receive additional protection and safety. We may in some instances collect personal data about children with the consent of a parent or guardian for the provision of our Services such as clinical activities or for patient support programs. However, we do not otherwise knowingly solicit data from, or market to, children.
As a parent or guardian, if you wish to remove personal data related to your child, please contact us as described in the “How to Contact Us” section below.
Generally, social networks are interactive tools that enable you to collaborate and share information. Takeda may collect certain personal data from you to enable you to use online social network features. Takeda may also use these tools to post or share personal data with others. When using social networks, you should be very vigilant about what personal data you choose to share with others. Takeda provides notices and choices about how personal data is collected, used and disclosed on its website, social networks and other services. When engaging in social network activities, you should not post information about third parties without their consent.
How to contact us
Takeda welcomes any questions or comments you may have regarding this Notice or its implementation. You may also request this Notice in an alternative format if necessary due to a disability. Any such questions, comments or requests should be submitted using the contact information below. Please note that email communications are not always secure, so we encourage you not to include sensitive information in your emails to us.
If you would like to exercise your individual rights, please contact us by accessing our Individual Rights webform. If you have questions about this Privacy Notice, please contact us by email.
Email Address: email@example.com
Additionally, In the United States, you may contact Takeda at 1-800-676-8975.
Updates to Our Privacy Notice
Takeda may update this Notice from time to time. If we make any changes, the updated Notice will be posted with a revised effective date.
Clinical Trial Media, Inc. (“CTM”)
Effective January 22, 2021
CTM is committed to respecting and protecting your privacy.
TABLE OF CONTENTS
- THE DATA WE COLLECT ABOUT YOU
- HOW YOUR PERSONAL DATA IS COLLECTED
- HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- DATA RETENTION
- YOUR DATA PRIVACY RIGHTS UNDER GDPR AND UK PRIVACY LAW
- YOUR CALIFORNIA PRIVACY RIGHTS
1.2 CONTACT DETAILS
Our contact details for privacy rights requests and information about our privacy practices are:
Full name of legal entity: Clinical Trial Media, Inc.
Name or title of data protection officer: Rick Cudmore
Email address: firstname.lastname@example.org
Telephone number: 516-470-0720
Postal address: 100 Motor Parkway, Suite 528, Hauppauge, NY 11788, USA
You have the right to make a complaint at any time to the relevant national supervisory authority in the country where you reside. To find more about this right and to locate the appropriate Data Privacy Authority, go to the European Commission website (https://ec.europa.eu/info/policies/justice-and-fundamental-rights_en) if in the UK, go to the Information Commissioner’s Office (“ICO”) website (www.ico.org.uk). If you are in the United States, you may contact the US Federal Trade Commission regarding your concerns. For more information, please see https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc.
We would, however, appreciate the chance to deal with your concerns before you approach one of the national supervisory authorities, so please contact us in the first instance.
1.5 THIRD-PARTY LINKS
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information related to an identified or identifiable natural person. It does not, however, include data where the identity has been removed (anonymized data).
We may collect, use, store and transfer different categories of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, date of birth, and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes banking details of clients, suppliers, and agents for the making of payments by us and to us in relation to the services we provide.
- Transaction Data includes details of products and services you have received or purchased from us and/or affiliates.
- Technical Data includes internet protocol (“IP”) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey/questionnaire responses.
- Usage Data includes information about how you use our website, products, and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and/or affiliates.
- Health Data includes information in relation to any aspect of your health and/or consequences of taking part in any clinical trials organized by our clients.
Apart from Health Data and industry-wide or governmental survey(s)/questionnaire(s) where we are obliged to take part, we do not normally collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, and trade union membership.)
2.1 IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. HOW YOUR PERSONAL DATA IS COLLECTED
We use different methods to collect the categories of data described above from and about you including through:
- Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by mail, phone, and email, or otherwise. This includes personal data you provide when you:
- apply online or otherwise for our services or products;
- contract to receive our services; or
- request marketing material to be sent to you.
- Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, log files, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. This aggregate data gives a “macro-view” of the visitor traffic pattern and insight to what sections of the website users visits most. We use this information to determine what kind of technology is available on the visitors’ computers so it can better serve them by utilizing more advanced technologies (e.g., Macromedia Flash). None of this information is linked to any Personal Information.
- We passively collect and log the following information from visitors to our site such as:
- Browser type
- IP Address
- Domain Name
- Access Time
- Operating System
- We passively collect and log the following information from visitors to our site such as:
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- We may receive Technical Data from the following parties:
- analytics providers such as Google;
- advertising networks;
- search information providers;
- Contact and Transaction Data from providers of technical, payment and delivery services.
- Identity and Contact Data from data brokers or aggregators.
- We may receive Technical Data from the following parties:
4. HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you, or to perform other legal obligations.
- 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 (this applies in the EEA and UK).
- Where we need to comply with a legal or regulatory obligation.
In the EEA, in relation to sending direct marketing communications to you via email or text message, we will only do so where (i) we have your express consent or (ii) you are an existing client. You have the right to withdraw consent to marketing at any time by contacting us.
4.1 PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in table format, a description of the ways we plan to use your personal data, and which of the legal basis 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 details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Category of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
Performance of a contract with you
To process and deliver services and/or perform contractual obligations for you, including collecting and recovering money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover funds due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey/questionnaire
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to complete a survey/questionnaire
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To consider whether you are eligible/suitable for taking part in a specific clinical trial, related clinical investigation, or clinical support program carried our clients
(a) Necessary for our legitimate interests to develop our products/services
(b) Necessary in order to comply with contractual obligations with our end-clients
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
(b) Necessary to comply with a legal obligation
(c) Necessary to resolve disputes
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences; provide audit record for consent
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
Necessary for our legitimate interests (to develop our products/services and grow our business)
To comply with legal obligations, including proper government investigations, subpoenas, or other legal process or as otherwise necessary to prevent physical or financial harm or to prevent crime and fraud
(a) Necessary for our legitimate interests (to protect our business, employees, customers, and the public)
(b) Necessary to comply with a legal obligation
(c) Necessary to resolve disputes
4.2 DISCLOSING INFORMATION TO THIRD PARTIES
We generally do not share your personal clinical data with any company outside CTM except for our trusted clients and service providers where needed for investigations and trials.
We may have to share your personal data with the parties set out below for the purposes set out in the table in section 4.1 above.
- Third-party sub-contractors who provide services for us and/or help to provide services to you. In the event that we use sub-contractors who have access to your personal data, we ensure that there are strict contractual terms in place to ensure that they only process personal data to the extent that we instruct them to do so in writing and there are suitably worded confidentiality and data protection clauses in all such contracts.
- We may disclose personal information to law enforcement, government authorities or otherwise in response to legal subpoenas or process as required by applicable law or in circumstances involving the possibility of physical or financial harm, fraud, or crime.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We do not sell your personal data to any third party. Our use and disclosure of Personal Identifiable Health Information (“PIHI”) is limited to the minimum amount of personal data needed to accomplish the intended purpose of the specific clinical investigation or clinical trial and is used in relation to pre-screening activities for such clinical research projects. This includes using study questionnaires that only ask health and medical related questions that are directly associated with the relevant clinical research project as specified in approved protocols.
PIHI will generally not be used by us or disclosed by us to any third parties unless we have clear consent from you to do so.
Exceptionally, PIHI may be disclosed by us where we are required to do so by a relevant law or regulation. In particular, this includes, but is not limited to, situations where we are required to disclose such PIHI in relation to requests by public authorities to meet national security or law enforcement requirements. This will include use and/or disclosure in order to:
- prevent or control disease, injury or disability;
- report disease, injury or disability;
- assist public health surveillance, investigations or interventions;
- report child abuse or neglect or domestic violence;
- avert a serious threat to individual(s) or public health or safety;
- to coroners and/or medical examiners or for tissue donation;
- in response to legal proceedings and relevant court orders or subpoenas;
- for specialized government functions and worker’s compensation;
- by workforce members who are whistle-blowers or victims of a criminal act;
- when we believe in good faith that disclosure is necessary to protect our rights or to protect your safety, the safety of others or investigate fraud.
4.3 OPTING OUT
You can ask us or third parties to stop sending you information/reminder messages at any time by contacting us.
Where you opt out of receiving these information/reminder messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
4.4.1 Cookie Control. CTM’s interactive cookie statement clearly states how the user’s behavior is tracked and offers easy-to-use controls for granting and revoking consent. The user has the control to prevent cookies from being placed on their computer until consent via an affirmative act.
4.5 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.
4.6 USE OF HEALTH DATA IN THE UNITED STATES
The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and subsequent regulations published by the Department of Health and Human Services (“DHHS”) impose restrictions on other organizations (Covered Entities) which may be covered under HIPAA with respect to your relationship with CTM. CTM may, in providing subject recruiting call center services for one of these organizations, be required to comply with certain aspects of HIPAA in their conduct of human subject research activities.
All PIHI data collected by CTM in connection with subject recruiting for a clinical research study is captured electronically and transmitted through a secure network connection to a secure database. CTM’s data security policies are consistent with Good Clinical Practices, HIPAA and GDPR standards. CTM maintains separate Security Policies for Physical Security, Network Security and Application Security.
5. INTERNATIONAL TRANSFERS
Some personal data may be held on servers in the US. This will involve transferring your data outside the European Economic Area (“EEA”) or the UK. In addition, we use third parties who have IT servers located in the United States which hold your personal data. You consent to the transfer of your personal information to the United States.
Whenever we transfer and/or process your personal data outside of the EEA or UK, we ensure a similar degree of protection is afforded to it by using specific contracts approved by the European Commission (or UK ICO) which give personal data the same protection it has in Europe.
6. DATA SECURITY
We and our third party hosting partners have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
7. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfill 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 unauthorized 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 in the EEA and UK you can ask us to delete your data: see the section below entitled “Your Data Privacy Rights Under GDPR and UK Privacy Law” for further information.
We may also anonymize 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.
8. YOUR DATA PRIVACY RIGHTS UNDER GDPR AND UK PRIVACY LAW
Under certain circumstances in the EEA and UK, you have the following rights under data protection laws in relation to your personal data:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
In the EEA, you have the right to make a complaint at any time to the relevant national supervisory authority. For example, in the UK this would be the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach one of the national supervisory authorities so please contact us in the first instance.
A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
8.1 NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data or to exercise any of the other rights.
8.2 WHAT 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 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.
8.3 TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within 30 business days. Occasionally it may take us longer than 30 business days 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.
9. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a resident of California, you have the following rights with respect to your Personal Information
- The right to know what Personal Information we have collected, used, disclosed and sold about you. To submit a request to know, please contact us. You also may designate an authorized agent to make a request for access on your behalf.
- The right to request that we delete any Personal Information we have collected about you. To submit a request for deletion, please contact us. You also may designate an authorized agent to make a request for deletion on your behalf.
When you exercise these rights and submit a proper request to us, we will verify your identity by asking you for identifying information such as your email address, telephone number, and/or information about your account with us. We also may use a third-party verification provider to verify your identity. Please note that we are only required to honor such requests twice in a 12-month period.
Your exercise of these rights will have no adverse effect on the price and quality of our goods or services.
EEA and UK
Legitimate Interest means, in the EEA or UK, the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
GDPR is the European Union General Data Protection Regulation.
Covered Entity means an institution, organization or other entity that is subject to the rules of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Covered Entities include: (i) a health plan, (ii) a healthcare clearinghouse and, (iii) a healthcare provider who transmits any personal identifiable health information in electronic form in connection with a transaction covered by HIPAA.
Personal Identifiable Health Information (“PIHI”) means any information including demographic information collected from an individual that:
- relates to (a) the past, present or future physical or mental health or condition of an individual; (b) the provision of healthcare to an individual; or (c) the past, present or future payment for the provision of healthcare to the individual; and
- identifies the individual or there is a reasonable basis to believe it can be used to identify the individual; and
- PIHI does not include education records or medical records covered by the Family Education Rights and Privacy Act or employment records held by CTM in its role as an employer.
Personal Information means any 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.
FOR ANY JURISDICTION
Third Parties means:
- Service providers acting as processors and who provide services to us.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services to us.
- Regulators and other state authorities acting as processors or joint controllers in any jurisdiction in which we are operating and who require reporting of processing activities in certain circumstances.