Daiichi Sankyo Privacy Notice
Daiichi Sankyo Nordics ApS (“Daiichi Sankyo” or “we”) processes personal data (“Data”) of Health Care Professionals (“HCP”) in accordance with applicable data protection laws, in particular the General Data Protection Regulation (“GDPR”). In the following, we inform you about the collection, storage and other processing of your Data by Daiichi Sankyo (and Daiichi Sankyo Europe GmbH – see Section 9 below) and about your rights in this regard. To the extent that we process your Data for purposes of complying with our regulatory requirements related to pharmaceutical and product safety (pharmacovigilance), we will inform you about the relevant processing in a separate privacy notice that we provide to you when you report adverse events.
1. Who is responsible for the processing of my Data?
Daiichi Sankyo Nordics ApS is the controller for the processing of your Data. You can reach us [and our data protection officer at any time using the following contact details: Daiichi Sankyo Nordics ApS, Amagerfælledvej 106, 2300 Copenhagen S, Phone +45 88444545, e-mail: TBNDemail@example.com
2. Which of my Data is collected, stored and processed?
We collect and process Data that you disclose to us or that we otherwise collect in the course of interaction and cooperation with you, in particular: Surname, first name, title, area of expertise, specialization, status (practicing physician/employed physician), professional address (e.g., clinic/practice address), professional contact information (e-mail, phone and/or fax), contract history (e.g. relating to activities as a speaker, author or consultant), documentation regarding medical/scientific inquiries, information regarding your medical practice and your preferences regarding our products, documentation of sales force visits as well as other interaction (time, type of interaction, discussed preparations), information regarding your participation in congresses, events and/or seminars, documentation of any fees, allowances and monetary benefits, documentation regarding requested information or pharmaceutical samples. The Data is collected either directly from you or from third parties (including Daiichi Sankyo Group companies) or from public sources (e.g. Internet). In particular, we regularly receive master and address data (name, title, company information, professional addresses, employment details, area of expertise and specialization) from IQVIA Commercial GmbH & Co OHG, Landshuter Allee 10, 80637 Munich, which is an external service provider and data supplier in the healthcare sector, in order to obtain relevant contacts in the business areas of interest to us and to ensure the quality and actuality of the Data we hold.
3. For which purposes and on what legal bases are my Data processed?
a) Management and performance of contractual relationships (in particular, participation in training events, speaker, author and/or consultant activities). The processing of your Data in this regard is based on the necessity of the processing for the performance of the respective contract with you or taking steps prior to entering the contract at your request (Art. 6(1) lit. b) GDPR).
b) Legitimate interests. aa) Documenting, managing and maintaining the business relationship with you, including ensuring effective and targeted support and advice through personal visits by our sales force; bb) Analyzing and evaluating Data to optimize target-group specific development of our products and services and interacting with HCP; cc) Handling medical/scientific inquiries and complaints about products; dd) Handling orders for free professional and patient information; ee) Providing information about our products and services by mail; ff) Ensuring and documenting compliance with applicable legal or regulatory requirements or industry standards and practices; gg) Establishment, exercise and defense of legal claims. The processing of your Data in this regard is carried out on the basis of the necessity of the respective processing for Daiichi Sankyo’s legitimate interests in achieving the aforementioned purposes (Art. 6(1) lit. f) GDPR).
c) Provision of information about Daiichi Sankyo products, services and/or research projects by email, telephone and/or fax. The processing of your Data in this regard is based on your consent (Art. 6(1) lit. a) GDPR), which we separately ask you to provide.
d) Compliance with laws The processing of your Data in this regard is based on the necessity of the processing to comply with our legal obligations (Art. 6(1) lit. c) GDPR).
e) As a member company of Industry associations in Denmark, Norway, Sweden, and Finland (ENLI, LMI, LIF, PIF) we support the implementation of the Ethic codes in the local countries in our cooperation with members of the professional and medical institutions. For this purpose, we process your Data, in particular, for the documentation, reporting and annual publication of information on monetary benefits (e.g. consulting fees) provided directly or indirectly to you for your benefit by Daiichi Sankyo. Insofar as we publish the monetary benefits provided to you on the website, by mentioning your name, your practice or business address and, if applicable, the processing in this regard is based on your consent (Art. 6(1) lit. a) GDPR), which we separately ask you to provide. If you do not give us your consent, we will publish monetary benefits provided to you exclusively in an aggregated/anonymized form, i.e. without reference to your identity. The processing of your Data for documentation and reporting purposes, including, where applicable, anonymization prior to publication in aggregated form, is based on the necessity for our legitimate interests in ensuring and documenting compliance with regulatory requirements and industry standards, including (Art. 6(1) lit. f) GDPR).
4. Am I obliged to provide my Data?
You are neither legally, contractually nor otherwise obliged to provide your Data. However, we may need your Data in certain cases, for example to establish or perform a contract with you. In these cases, we will inform you separately, if necessary, whether the provision of the Data is required by law or contract, what Data we need from you and what the possible consequences of not providing them would be.
5. Who are the recipients of my Data?
We do not disclose your Data to third parties unless this is necessary for the performance of a contract with you (e.g. in connection with the transfer to travel agencies, hotels, event organizers or other service providers for the organization and execution of travels) or as set out in this privacy notice as follows.
a) Service Providers: We may disclose your Data to external service providers who process your Data on our behalf, in particular to our technical service providers who provide technical support and hosting services for our internal CRM system as well as the sending of emails, or otherwise assist us in managing and processing your Data for the purposes mentioned in Section 3, including in the area of analysis and evaluation of pseudonymized Data for the optimization of target-group specific development of our products and services and interaction with HCP.
b) Affiliated entities: We may also share your Data with Daiichi Sankyo group companies, in particular Daiichi Sankyo Europe GmbH (see also Section 9), in particular to the extent necessary to safeguard our legitimate interests, especially in the use of centralized and group-wide services and functions in an integrated global organizational structure (e.g., global IT systems and applications, to manage HCP business relationships, including appropriate support, care and management of the relationship with HCP).
c) Authorities, government agencies and other third parties: We disclose Data to third parties when necessary to comply with legal and regulatory requirements or to establish, exercise or defend our legal claims.
For more information about the recipients of your Data, please contact us using the contact details in Section 1.
6. Will my data be processed outside the EU/EEA?
Your Data may be transferred to the above recipients or otherwise processed in a country outside the EU/EEA, in particular the U.S., which may not provide the same level of data protection as is considered adequate in the EU. In such cases, Daiichi Sankyo will ensure that your Data is adequately protected under EU data protection laws through appropriate safeguards, such as entering into contracts based on the EU standard contractual clauses and implementing supplementary safety measures. If you would like to know more about the safeguards implemented by Daiichi Sankyo or to receive a copy of these safeguards, you can contact us at any time using the contact details in Section 1.
7. How long will my data be retained?
In general, your Data will only be stored for as long as is necessary for the listed purposes, unless in individual cases a deletion conflicts with statutory retention obligations (in particular due to commercial and tax law requirements) or a longer retention is necessary in the specific case to fulfill other legal obligations or to protect our legitimate interests (establishment, exercise or defense of our legal claims, documentation of compliance with legal requirements).
8. What rights do I have and how can I exercise them?
Subject to and in accordance with applicable law, you have the right to.
(i) obtain information about the Data processed concerning you and to receive a copy of the Data (right of access);
(ii) rectify incorrect or complete incomplete Data, taking into account the purposes of the processing (right to rectification);
(iii) obtain the erasure of your Data based on legitimate reasons (right to erasure);
(iv) obtain restriction of the processing of your Data, provided the statutory requirements are met (right to restriction of processing);
(v) provided the statutory requirements are met, receive your Data in a structured, commonly used and machine-readable format and to transmit those Data or, if technically feasible, have it transferred by Daiichi Sankyo to another controller (right to data portability); and
(vi) not to be subject to a decision based solely on automated processing which produces legal effects concerning you or similarly significantly affects you, except where the legal requirements are met. Automated decision-making does not take place at Daiichi Sankyo.
You also have the right to object, on grounds relating to your particular situation, to processing of your Data which is based on the legitimate interests of Daiichi Sankyo, in accordance with the legal provisions (right to object). If your Data is processed by Daiichi Sankyo for direct marketing purposes, you have the right to object to such processing at any time and without giving reasons. If the processing of your Data is based on your consent, you have the right to withdraw your consent at any time. The withdrawal of your consent does not affect the lawfulness of the processing of your Data before its withdrawal. To exercise your rights (including the withdrawal of your consent) and if you have any questions about the processing of your data, you may contact Daiichi Sankyo at any time using the aforementioned contact details. Without prejudice to other legal remedies, you also have the right to lodge a complaint with a supervisory authority at any time.
9. Processing of your Data by Daiichi Sankyo Europe GmbH
Daiichi Sankyo Europe GmbH processes the Data received from us (see above Section 2) as an independent and separate data controller for the purposes and on the legal bases set out in Section 3 b). The information in Sections 5 to 8 of this data protection notice applies accordingly with respect to the processing of your Data by Daiichi Sankyo Europe GmbH. You can contact Daiichi Sankyo Europe GmbH, as well as its data protection officer, at any time using the following contact details: Daiichi Sankyo Europe GmbH, Zielstattstraße 48, 81379 Munich, Germany; email: firstname.lastname@example.org; phone: 089 570 95 01; data protection officer: email@example.com.