Privacy

Privacy Policy

This Policy explains how ECLEVAR collects, holds, uses and discloses Personal Information.

ECLEVAR Privacy Policy (The “Policy”):

ECLEVAR (also referred to as “Company”, “we” or “our”) respects the relationships we have with our customers and respects the privacy of all individuals whose Personal Information may be processed by ECLEVAR in the performance of our services and our business operations. This Privacy Policy supplements our Privacy Shield policy (available here and discussed below), to apply around the world.  This Policy explains how ECLEVAR collects, holds, uses and discloses Personal Information, including Personal Information of our personnel, consumers, healthcare professionals, patients, medical research subjects, clinical investigators, customers, suppliers, vendors, business partners and investors. ECLEVAR intends that this corporate privacy policy and our implementing standard practices and procedures will support timely compliance with all international privacy laws and regulations around the world.

To demonstrate our commitment to the protection of Personal Information, including Personal Information transferred out of the European Economic Area (“EEA”) and Switzerland for the performance of our services and business operations, we adhere to the principles of the Privacy Shield Principles as certified by the EU-U.S. Privacy Shield Framework (“Privacy Shield”), as set forth by the U.S. Department of Commerce and the Federal Trade Commission. Further details of the Privacy Shield and the Privacy Shield Principles can be found on the website at https://www.privacyshield.gov. We also use model contractual clauses and other mechanisms approved by the European Union and Switzerland, respectively, for transfers of Personal Information from the EEA and Switzerland. 

 

SCOPE: This Policy applies to all Personal Information of Individuals, either in electronic or paper format, received by ECLEVAR, including Personal Information of Company Personnel, consumers, healthcare professionals, patients, medical research subjects, clinical investigators, customers, suppliers, vendors, business partners and investors.

DEFINITIONS: For purposes of this Policy, the following definitions shall apply:

  • “Agent” means any third party that uses Personal Information provided to it by ECLEVAR to perform tasks on behalf of and/or under the instructions of ECLEVAR or to which ECLEVAR discloses Personal Information for use on its behalf.
  • “European Economic Area” (EEA) means for the purposes of this Policy all countries within the European Union (EU) and Iceland, Liechtenstein, Norway.
  • “Individual” means any natural person.
  • “Personal Information” means any information or set of information about an identified or identifiable individual, including, but not limited to: (a) first name or initial and last name; (b) home or other physical address; (c) telephone number; (d) email address or online identifier associated with the individual; (e) Social Security number or other similar identifier; or (f) any other information relating to an individual that is combined with any of the above. The term “Personal Information” does not include non-identified information or information that is reported in the aggregate (provided that such aggregated information is not identifiable to a natural person).
  • “Personnel” includes, but is not limited to, any employee (permanent or temporary), director, officer, contractor, worker, temporary worker, job applicant, retiree of ECLEVAR and any and all of their respective dependents.
  • “Privacy Shield Principles” collectively means the seven (7) privacy principles, as well as the supplemental privacy principles and the associated guidance details of which can be found at https://www.privacyshield.gov.
  • “ECLEVAR” means any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with ECLEVAR, Inc.  For purposes of this definition, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract or otherwise.

“Sensitive Personal Information” means Personal Information that reveals or is processed to uniquely identify a person: 

  • All government-issued identification numbers (including US Social Security numbers, EU Social Security numbers, Canadian Social Insurance numbers, driver’s license numbers, and passport numbers);
  • All financial account numbers (bank account numbers, credit card numbers, and other information if that information would permit access to a financial account); 
  • Individual medical records, biomedical specimens, and biometric information, including any information on any worker or consumer’s health, disability, disease or product interests;
  • Reports of individual background checks;
  • Data elements revealing race, ethnicity, national origin, political opinion, religious or philosophical beliefs, trade union membership, genetic data, biometric data where processed to uniquely identify a person, any information that concerns medical or health conditions or sex life, or information relating to the commission of a criminal offense sex life or sexual orientation, and information relating to the commission of a criminal offense. 

 

NOTICE

Where ECLEVAR collects Personal Information directly from Individuals, it will explain the purposes for which it collects and uses Personal Information about the Individuals, the types of third parties to which ECLEVAR discloses that information, and the choices and means, if any, ECLEVAR offers Individuals options for limiting the use and disclosure of Personal Information about them. This explanation will be provided as soon as practicable and, in any event, before ECLEVAR discloses the Personal Information or uses such information for a purpose materially different than that for which it was originally collected or processed. ECLEVAR also will provide any additional information required by law for a specific context, product or service.  In general, with exceptions and other lawful bases that may be relevant for any specific product or service notice, ECLEVAR processes personal data for its legitimate interests consistent with applicable law. Where an ECLEVAR entity receives Personal Information from another ECLEVAR entity or other entities, including when acting as a CRO processing Personal Information under the direction of a customer, it will use such information in accordance with the notices provided by such entities and the choices made by the Individuals to whom such Personal Information relates. 

Types of Personal Information collected, Purposes of Collection and Uses of Personal Information:

  • Research Studies-Related Information. For Individuals participating in research studies being managed by ECLEVAR as a CRO, including patients, their spouses/partners, care givers, and relatives, clinical investigators or other study personnel, and other consultants, contractors, managers, and agents (who are natural persons) of the study sponsor and its corporate affiliates, business partners and third-party service providers, Personal Information may be used in order to carry out the applicable studies and other study-related services and/or pharmacovigilance. This may include the transfer of such Personal Information to the applicable study sponsor, its corporate affiliates, business partners and third-party service providers performing services related to the study (e.g., study data management, clinical research monitoring services, safety monitoring, etc.).
  • Human Resources-Related Information. For Individuals who are Personnel, we will process Personal Information to carry out and support our human resources functions and activities, including but not limited to, employment opportunities, Personnel recruitment and onboarding, administration of Personnel participation in benefits, compensation and human resources plans and programs, management of Personnel performance, and implementation, investigation and reporting on compliance and discipline procedures and matters. ECLEVAR may provide Personal Information to Agents to support ECLEVAR in performance of these human resources-related activities.
  • Customers and Program Participant Information. For Individuals sharing Personal Information with ECLEVAR in order to inquire about or otherwise make use of our services or purchase, receive or seek information, including about any health care products and services, opportunities to participate in clinical research, health care education and patient support programs which may be available through ECLEVAR, we will use such Personal Information in order to provide the requested information, products, and/or services. Such uses may include processing requested transactions, improving the quality of our services, sending communications about the products and services available through ECLEVAR, and enabling our business partners and Agents to perform certain activities on our behalf.

ECLEVAR may also use the Personal Information collected above to comply with our legal and regulatory obligations, policies and procedures, and for internal administrative purposes.

 

CHOICE

ECLEVAR may offer Individuals the opportunity to choose whether their Personal Information is (a) to be disclosed to a third party, or (b) to be used for a purpose materially different from the purpose for which it was originally collected or subsequently authorized by the Individual.

ECLEVAR will not process Sensitive Personal Information about Individuals for purposes other than those for which the information was originally obtained or subsequently authorized by the Individual unless the Individual explicitly consents to the processing (“opt-in”), or as required or permitted, or where not prohibited by law or regulation.

In some cases, even if an Individual opts-out of disclosures of their Personal Information, ECLEVAR may still disclose such Personal Information (i) if required to do so by law, (ii) if disclosure is required to be made to law enforcement authorities, or (iii) if we believe disclosure is necessary or appropriate to prevent physical harm to an individual or financial loss or in connection with an investigation of suspected or actual illegal activity. ECLEVAR also may transfer Personal Information when a material event concerning its business operation(s), assets or shares, such as purchase, disposal, merger, joint venture or acquisition, is proposed or occurs. In such an event, ECLEVAR will endeavor to direct the transferee to use Personal Information in a manner that is consistent with this Policy. ECLEVAR will provide Individuals with reasonable mechanisms to exercise their choices to the extent required by applicable law.

 

ACCOUNTABILITY FOR ONWARD TRANSFER

In the performance of our services and business operations, Personal Information we collect or receive may be stored or transferred internationally throughout our worldwide organization and to our service providers or agents, including for hosting our databases or provision of data processing services, in accordance with applicable data privacy laws.  Transfers to third parties are covered by the provisions in this Policy regarding notice and choice. 

ECLEVAR may also share an Individual’s Personal Information with Agents in connection with services that these individuals or entities perform for, or with, ECLEVAR. ECLEVAR may, for example, provide an Individual’s Personal Information to Agents for hosting our databases, for data processing services, or to send to that Individual the information that he or she requested.

ECLEVAR may transfer Personal Information for specified, limited purposes, to an Agent and will endeavor to obtain assurances that such Agent provides at least the same level of privacy protection as is required by the Privacy Shield Principles (where applicable) and this Policy and will notify ECLEVAR if it makes a determination it can no longer meet this obligation.

Where ECLEVAR knows that any third party to whom it has provided Personal Information is using or disclosing Personal Information in a manner contrary to this Policy, ECLEVAR will take reasonable steps to prevent or stop the use or disclosure. With respect to such onward transfers to Agents, and to the extent ECLEVAR is responsible for the event, ECLEVAR shall remain liable should its Agents process Personal Information in a manner inconsistent with the Privacy Shield Principles (where applicable) and this Policy.

 

SECURITY

ECLEVAR will employ reasonable and appropriate technical, administrative and physical safeguards designed to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Information ECLEVAR is processing.  We have a privacy incident response program designed to promptly respond to and escalate all privacy-related questions, complaints, concerns, including any potential privacy or security incident.

 

DATA INTEGRITY AND PURPOSE LIMITATION

ECLEVAR endeavors to use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the Individual. ECLEVAR will take reasonable steps designed to ensure that only Personal Information that is relevant to its intended use, accurate, complete, current, and otherwise reliable in relation to the purposes for which the information was obtained is used by ECLEVAR for as long as ECLEVAR retains possession of such information. ECLEVAR’s Personnel have a responsibility to assist ECLEVAR in maintaining accurate, complete and current Personal Information. When acting as a CRO, ECLEVAR endeavors only to process Personal Information that is relevant to the services it provides, and for purposes compatible with those for which the Personal Information was collected; wherever possible, such Personal Information is non-identified. Where ECLEVAR processes Personal Information as a CRO under the direction of its customers, ECLEVAR works with such customers so that the customers can provide a way for Individuals to correct or update their Personal Information to the extent required by law.

 

ACCESS/CORRECTION

Under laws in certain countries in which we operate, individuals have a right to access Personal Information about themselves, and to amend, correct or delete Personal Information that is inaccurate, incomplete or outdated. ECLEVAR will, on request, provide an Individual with confirmation regarding whether ECLEVAR is processing Personal Information about them, consistent with applicable law. In addition, upon request of an Individual, ECLEVAR may take reasonable steps to correct, amend, or delete their Personal Information that is found to be inaccurate, incomplete or processed in a manner non-compliant with this Policy or applicable law, except where the burden or expense of providing access would be disproportionate to the risks to that Individual’s privacy, where the rights of persons other than the Individual would be violated or where doing so is otherwise consistent with applicable law. Unless prohibited by applicable law, ECLEVAR reserves the right to charge a reasonable fee to cover costs for providing copies of Personal Information requested by Individuals. ECLEVAR, when acting as a CRO, has no direct relationship with medical research subjects participating in a clinical trial and any such Individuals who seek access, or who seek to correct, amend, or delete their inaccurate Personal Information should direct his or her query to the relevant study sponsor or investigator which has transferred such Personal Information to ECLEVAR for processing.

Although ECLEVAR makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which ECLEVAR is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If ECLEVAR determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, ECLEVAR will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

Where otherwise permitted by applicable law, you may send an e-mail to PrivacyOfficer@ECLEVAR.com or use any of the methods set out in this Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by ECLEVAR. Such requests will be processed in line with local laws. 

 

RECOURSE, ENFORCEMENT AND LIABILITY

ECLEVAR encourages Individuals covered by this Policy to raise questions about the processing of Personal Information about them by contacting ECLEVAR through the contact information provided below. Any Personnel that ECLEVAR determines is in violation of this Policy will be subject to disciplinary action up to and including termination of employment, where applicable.

Any questions or concerns regarding the use or disclosure of Personal Information should also be directed to ECLEVAR through the contact information given below. ECLEVAR will undertake reasonable efforts to investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy.

If you are an EU or Swiss citizen and feel that ECLEVAR is not abiding by the terms of this Policy, please contact ECLEVAR at the contact information provided below. If any request remains unresolved, you may contact the national data protection authority for your EU Member State.

 

CONTACT INFORMATION: Questions, comments, concerns or complaints regarding this Policy or ECLEVAR’s processing of Personal Information should be submitted to the ECLEVAR Chief Privacy Officer at PrivacyOfficer@ECLEVAR.com. 

 

RESERVATION OF RIGHTS: ECLEVAR reserves the right to share an Individual’s Personal Information and contracts with Agents as required or authorized by law or regulation or in response to duly authorized information requests of government authorities.

 

CHANGES TO THE PRIVACY POLICY: This Policy may be reviewed and amended from time to time, without advance notice, to ensure that an appropriate level of protection for Personal Information is maintained. All amendments will be posted on this website. Please check back periodically for updates to this Policy.  

 

ECLEVAR PRIVACY POLICY EFFECTIVE DATE:  DECEMBER 16th 2019

Online Privacy Policy

To protect your privacy, we provide this notice explaining our web site data collection practices.

Effective date of current Policy: DECEMBER 16th 2019

 

At ECLEVAR, we are strongly committed to protecting your privacy. You can navigate the majority of our Website without giving us any personal information about yourself. However, sometimes we need additional information about you in order to provide the information or services you are requesting.

 

Your privacy is important to us. To protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.

 

This Privacy Policy (“Policy”) is incorporated by reference into the ECLEVAR Terms and Conditions of Use (“Terms of Use”).

Scope

This Policy applies to Personal Information that is Processed by ECLEVAR on ECLEVAR websites (each a “Site”), mobile applications, and other online offerings (together with any and all future online offerings) operated by or on behalf of ECLEVAR, (the “Services”). “Personal Information” is any information relating to an identified or identifiable natural person.  This Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions.

Terms of Use

Terms

ECLEVAR operates this Web site to provide online access to information about ECLEVAR and the products, services, and opportunities we provide. Your access and use of this Web site are subject to the follwing terms and conditions and constitutes acceptance of these terms (“Terms of Use”).  ECLEVAR reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

License and Access

You may use the Web site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Web site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about ECLEVAR products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. ECLEVAR reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by these Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Web site, except as expressly permitted by these Terms of Use.

Copyright

ECLEVAR, its suppliers or the original creator of the Content own all copyrights to Content on the Web site and all other intellectual property rights related to the Web site. To the extent that ECLEVAR has the right to do so without compensation to third parties and except for Content specifically provided under other terms, ECLEVAR grants you permission to copy Content on the Web site solely for your non-commercial use in support of ECLEVAR products. You agree that any copies of the Content shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without ECLEVAR’s permission, “mirror” any Content contained on the Web site or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, or any other intellectual property right of ECLEVAR or any third party.

Trademarks

The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, and other properties (collectively the “Trademarks”) displayed on the ECLEVAR Web site are protected intellectual properties that are registered and unregistered trademarks of ECLEVAR, its affiliates and others. Nothing contained on the ECLEVAR Web site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Web site without the written permission of ECLEVAR or such third party that may own the Trademark displayed on ECLEVAR’s Web site. Your misuse of the Trademarks displayed on ECLEVAR’s Web site, or any other content on ECLEVAR’s Web site, except as provided herein, is strictly prohibited.

Privacy

See ECLEVAR’s Online Privacy Statement.

Information Provided to ECLEVAR

ECLEVAR does not want you to, and you should not, send any confidential or proprietary information to ECLEVAR via the Web site. Any submission by you to ECLEVAR, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of ECLEVAR. Furthermore, by your submission you grant ECLEVAR an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. ECLEVAR shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information

Electronic Communications

When you visit www.ECLEVAR.com or send e-mail to us, you are communicating with us electronically. Accordingly, you explicitly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

ECLEVAR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE OR THE CONTENT. ECLEVAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEB SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEB SITE. ECLEVAR DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. ECLEVAR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

IN NO EVENT WILL ECLEVAR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEB SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE, OR THE CONTENT, EVEN IF ECLEVAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ECLEVAR’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED EUR 50.00.

Privacy Shield Policy

To demonstrate our commitment to the protection of Personal Information, we adhere to the principles of the Privacy Shield Principles as certified by the EU-U.S. Privacy Shield Framework. Our Privacy Shield Policy is available here.

 

This Policy applies to ECLEVAR (referred to as “ECLEVAR”, “Company”, “we” or “our”) when Personal Information is received from or about Individuals in the European Economic Area (“EEA”), in any format including electronic, paper or verbal. ECLEVAR respects the relationships we have with our customers and respects the privacy of all Individuals whose Personal Information (see Definitions) may be processed by ECLEVAR in the performance of our services and our business operations. To demonstrate our commitment to the protection of Personal Information, including Personal Information transferred out of the EEA and Switzerland for the performance of our services and business operations in the United States, we adhere to the principles of the Privacy Shield Principles as certified by the EU‐U.S. Privacy Shield Framework (“Privacy Shield”), as set forth by the U.S. Department of Commerce and the Federal Trade Commission. Further details of the Privacy Shield and the Privacy Shield Principles can be found on the website at https://www.privacyshield.gov. We also use model contractual clauses and other mechanisms approved by the European Union and Switzerland, respectively, for certain transfers of Personal Information to the United States from the EEA and Switzerland.

 

SCOPE: This Policy applies to all Personal Information of Individuals received by ECLEVAR in the U.S. from the EEA or Switzerland, including Personal Information of consumers, healthcare professionals, patients, medical research subjects, clinical investigators, customers, suppliers, vendors, job applicants, business contacts and partners, investors, and government officials. Further information concerning how ECLEVAR collects, uses, shares and safeguards the Personal Information of Company Personnel is available in ECLEVAR’s internal privacy policy.

This Policy will help you understand how ECLEVAR collects, uses, shares and safeguards Individuals’ Personal Information, and how, in certain circumstances, you can elect whether or not to allow your Personal Information to be used or shared. ECLEVAR endeavors to collect, use and disclose Personal Information in a manner consistent with the laws of countries in which it does business, and also has a tradition of upholding the highest ethical standards in its business practices.

 

LIMITATIONS ON SCOPE:

Adherence to the Privacy Shield Principles may be limited (i) to the extent required or allowed by applicable law, rule or regulation; (ii) to the extent necessary to respond to lawful requests by public authorities, including to meet national security, law enforcement, legal or governmental requirements; and/or (iii) to protect the health or safety of an Individual. Also, this Policy may not apply or may be limited when Personal Information is collected or processed by the following:

  • ECLEVAR, under an agreement that contains the requisite Model Contract Clauses approved by the European Commission with respect to the Personal Information;
  • ECLEVAR, when necessary for the performance of a contract (e.g., an employment contract) between an Individual and ECLEVAR; or
  • Any ECLEVAR affiliate, successor, subsidiary, business division or group that makes a separate certification to Privacy Shield, whether or not such certification covers only part of or all types of Personal Information in scope of this Policy.

 

 

 

 

DEFINITIONS: For purposes of this Policy, the following definitions shall apply:

  • “Agent” means any third party that uses Personal Information provided to it by ECLEVAR to perform tasks on behalf of and/or under the instructions of ECLEVAR or to which ECLEVAR discloses Personal Information for use on its behalf.
  • “European Economic Area” (EEA) means for the purposes of this Policy which is composed of the following thirty‐one (31) countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and United Kingdom.
  • “Individual” means any natural person located in the EEA or Switzerland whose Personal Information is shared with ECLEVAR in the United States.
  • “Personal Information” means any information or set of information about an identified or identifiable individual, including, but not limited to: (a) first name or initial and last name; (b) home or other physical address; (c) telephone number; (d) email address or online identifier associated with the individual; (e) Social Security number or other similar identifier; (f) employment, financial or health information; or (g) any other information relating to an individual that is combined with any of the above. The term “Personal Information” does not include non‐identified information or information that is reported in the aggregate (provided that such aggregated information is not identifiable to a natural person) and publicly available information that has not been combined with non‐public personal information.
  • “Personnel” includes, but is not limited to, any employee (permanent or temporary), director, officer, contractor, worker, temporary worker, job applicant, retiree of ECLEVAR and any and all of their respective dependents.
  • “Privacy Shield Principles” collectively means the seven (7) privacy principles, as well as the supplemental privacy principles and the associated guidance, details of which can be found at https://www.privacyshield.gov.
  • “Sensitive Personal Information” means Personal Information subject to specified extra protection under the EU Data Protection Directive of 95/46/EC, the European Union General Data Protection Regulation or any superseding legislation, such as race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data where Processed to uniquely identify a person, or that concerns medical or health conditions or sex life. In addition, ECLEVAR will treat as Sensitive Personal Information any information received from an employee or third party where that employee or third party treats and identifies the information as sensitive.

Capitalized terms not defined above have the definitions set forth in the respective paragraphs of this Policy.

 

NOTICE

Where ECLEVAR collects Personal Information directly from Individuals, it will explain the purposes for which it collects and uses Personal Information about the Individuals, the types of third parties to which ECLEVAR discloses that information, and the choices and means, if any, ECLEVAR offers Individuals for limiting the use and disclosure of Personal Information about them. Notice will be provided in clear and conspicuous language. This explanation will be provided as soon as practicable and, in any event, before ECLEVAR discloses the Personal Information or uses such information for a purpose materially different than that for which it was originally collected or processed. Where ECLEVAR receives Personal Information from its subsidiaries, affiliates or other entities, including when acting as a Contract Research Organization (CRO) processing Personal Information under the direction of a customer, it will use such information in accordance with the notices provided by such entities and the choices made by the Individuals to whom such Personal Information relates.

In circumstances in which ECLEVAR obtains personal data as a service provider for its clients or affiliates, ECLEVAR’s clients or affiliates are responsible for providing appropriate notice to the Individuals whose personal data are transferred to the U.S. and obtaining any requisite consent (unless this function has been delegated to ECLEVAR).

Types of Personal Information collected, Purposes of Collection and Uses of Personal Information:

  • Research Studies-Related Information. For Individuals participating in research studies being managed by ECLEVAR as a CRO or in other situations where ECLEVAR is participating in research studies, including patients, their spouses/partners, care givers, and relatives, clinical investigators or other study personnel, and other consultants, contractors, managers, and agents (who are natural persons) of the study sponsor and its corporate affiliates, business partners and third‐party service providers, Personal Information may be used in order to carry out the applicable studies and other study‐related services and/or pharmacovigilance. This may include the transfer of such Personal Information to the applicable study sponsor, its corporate affiliates, business partners and third‐party service providers performing services related to the study (e.g., study data management, clinical research monitoring services, safety monitoring, etc.).
  • Human Resources-Related Information. For Individuals who are Personnel, we will process Personal Information to carry out and support our human resources functions and activities, including but not limited to, (i) evaluation of qualifications for an employment position; (ii) provision of employment benefits; (iii) administration and management of employees, compensation, stock options, grants and purchase plans, bonuses, retirement, training, and career planning; (iv) utilizing employee skills and ongoing employee resource allocation; (v) communicating with employees or their emergency contacts; (vi) administration of the company’s business including budgeting, manpower planning, and organizational design; (vii) authentication of the individual’s identity when gaining access to computer system applications; (viii) Personal Information data changes; (ix) employment status changes; (x) travel and expense planning and reimbursement; and (xi) evaluation of employee performance and time management; and (xi) management of Personnel performance, and implementation, investigation and reporting on compliance and discipline procedures and matters. ECLEVAR may provide Personal Information to Agents to support ECLEVAR in performance of these human resources‐related activities. Further information concerning how ECLEVAR collects, uses, shares and safeguards the Personal Information of Company Personnel is available to ECLEVAR Company Personnel in ECLEVAR’s internal privacy policy. In addition, for job applicants, Personal Information will be used for the evaluation of suitability of the applicant for a position. ECLEVAR may, under its discretion and with the consent of the candidate where required by law or otherwise obtained, perform such background checks as deemed appropriate to evaluate this suitability.
  • Business Contacts. For Individuals who are business contacts of ECLEVAR, ECLEVAR may collect personal information concerning contact information for such business contacts. This information may be used for purposes consistent with the provision of information by these contacts, which may include marketing activities focused on sales of new products and services, requests to participate in market research that enhance ECLEVAR’s product offerings and other business activities.
  • Health Care Professionals. ECLEVAR collects information about health care professionals directly from the health care professionals, from public sources and from business partners. We use this information in connection with various health care activities, including clinical trials, real world studies of patient treatment, health care outcomes analysis, market research activities, and other situations where primary intelligence from health care professionals is applicable.
  • Customers and Program Participant Information. For Individuals sharing Personal Information with ECLEVAR in order to inquire about or otherwise make use of our services or purchase, receive or seek information, including about any health care products and services, opportunities to participate in clinical research, health care education and patient support programs which may be available through ECLEVAR, we will use such Personal Information in order to provide the requested information, products, and/or services. Such uses may include but is not limited to processing requested transactions, improving the quality of our services, sending communications about the products and services available through ECLEVAR, and enabling our business partners and Agents to perform certain activities on our behalf.
  • Data Analytics Functions. In certain situations, ECLEVAR obtains and processes information about Individuals for various data analytics purposes. In most situations, this data has been anonymized or de‐identified and is no longer Personal Information when it is obtained by ECLEVAR (or when it is transferred to the United States). In some situations, ECLEVAR receives Personal Information from a customer or other data supplier for the purpose of such anonymization or de‐identification. In other situations, the data that is obtained and processed by ECLEVAR is pseudonymous. This pseudonymous information may be used for research purposes, primarily in connection with academic partners, with academia, and may be transferred by ECLEVAR to the United States as part of these research-related activities. For all of these situations, ECLEVAR’s activities are consistent with the notice and choice provided by these customers or data suppliers to Individuals, and ECLEVAR’s use of this information is consistent with ECLEVAR’s obligation to provide services to these entities. In those situations, and where such information is transferred to the United States, ECLEVAR uses such information only in manners consistent with the Privacy Shield Principles and the manner in which this data was obtained.

ECLEVAR may also use the Personal Information collected above to comply with our legal and regulatory obligations, policies and procedures, and for internal administrative purposes.

CHOICE

ECLEVAR will offer Individuals the opportunity, where practical and appropriate, to choose (optout) whether their Personal Information is (a) to be disclosed to a non‐agent third party, or (b) to be used for a purpose materially different from the purpose for which it was originally collected or subsequently authorized by the Individual.

ECLEVAR will not process Sensitive Personal Information about Individuals for purposes other than those for which the information was originally obtained or subsequently authorized by the Individual unless the Individual explicitly consents to the processing (“opt‐in”), or as required or permitted, or where not prohibited by law or regulation.

In some cases, even if an Individual opts‐out of disclosures of their Personal Information, ECLEVAR may still disclose such Personal Information (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation; (iv) to enforce ECLEVAR policies or contracts; (v) to collect amounts owed to ECLEVAR; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) in the good faith believe that disclosure is otherwise necessary or advisable. ECLEVAR also may transfer Personal Information when a material event concerning its business operation(s), assets or shares, such as purchase, disposal, merger, joint venture or acquisition, is proposed or occurs. In such an event, ECLEVAR will endeavor to direct the transferee to use Personal Information in a manner that is consistent with this Policy. ECLEVAR will provide Individuals with reasonable mechanisms to exercise their choices to the extent required by applicable law.

 

ONWARD TRANSFER 

In most situations, transfers to third parties are covered by the provisions in this Policy regarding notice and choice.

ECLEVAR does not sell or otherwise disclose Individuals’ Personal Information, except as described in this Privacy Policy or in a notice provided to Individuals at the time of collection, or as Individuals explicitly consent. ECLEVAR may share Individuals’ Personal Information with our service providers, consultants and affiliates for our and our affiliates’ internal business purposes or to provide Individuals with a requested service.

ECLEVAR will endeavor to only transfer Personal Information to a third party/Agent where such third party/Agent has given assurances that it provides at least the same level of privacy protection as required by the Privacy Shield Principles and this Policy and will notify ECLEVAR if it makes a determination it can no longer meet this obligation. ECLEVAR may, for example, provide an Individual’s Personal Information to Agents to host our databases, for data processing services, or to send to that Individual the information that he or she requested. Where ECLEVAR has knowledge that an Agent is using or disclosing Personal Information in a manner contrary to the Privacy Shield Principles and/or this Policy, ECLEVAR will take reasonable steps to prevent or stop the use or disclosure. With respect to onward transfers to Agents, Privacy Shield requires that, to the extent it is responsible for the event, ECLEVAR shall remain liable should its Agents Process Personal Information in a manner inconsistent with the Privacy Shield Principles, and ECLEVAR accepts and shall follow this principle.

Where ECLEVAR knows that any third party to whom it has provided Personal Information is using or disclosing Personal Information in a manner contrary to this Policy and/or the Privacy Shield Principles, ECLEVAR will take reasonable steps to prevent or stop the use or disclosure. With respect to such onward transfers to Agents, and to the extent ECLEVAR is responsible for the event, ECLEVAR shall remain liable should its Agents process Personal Information in a manner inconsistent with the Privacy Shield Principles and this Policy.

In circumstances in which ECLEVAR obtains personal data as a service provider for its clients or affiliates, ECLEVAR’s clients or affiliates are responsible for protecting individual rights with respect to onward transfers.

 

SECURITY

ECLEVAR will endeavor to take reasonable and appropriate technical, administrative and physical precautions designed to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Information ECLEVAR is processing, and regardless of whether such Personal Information is in electronic or tangible, hard copy form.

 

DATA INTEGRITY AND PURPOSE LIMITATION

ECLEVAR endeavors to use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the Individual. ECLEVAR will take reasonable steps designed to ensure that only Personal Information that is relevant to its intended use, accurate, complete, current, and otherwise reliable in relation to the purposes for which the information was obtained is used by ECLEVAR for as long as ECLEVAR retains possession of such information. ECLEVAR’s Personnel have a responsibility to assist ECLEVAR in maintaining accurate, complete and current Personal Information. When acting as a CRO or in other situations where ECLEVAR acts on behalf of another entity, ECLEVAR endeavors only to process Personal Information that is relevant to the services it provides, and only for purposes compatible with those for which the Personal Information was collected. Where ECLEVAR processes Personal Information as a CRO or otherwise acts under the direction of its customers, ECLEVAR works with such customers so that the customers can provide a way for Individuals to correct or update their Personal Information.

ACCESS

ECLEVAR will, on request, provide an Individual with confirmation regarding whether ECLEVAR is processing Personal Information about them. In addition, upon request of an Individual, ECLEVAR will take reasonable steps to correct, amend, or delete their Personal Information that is found to be inaccurate, incomplete or processed in a manner non‐compliant with this Policy or the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to that Individual’s privacy, where the rights of persons other than the Individual would be violated or where doing so is otherwise consistent with Privacy Shield Principles. Unless prohibited by applicable law, ECLEVAR reserves the right to charge a reasonable fee to cover costs for providing copies of Personal Information requested by Individuals. ECLEVAR, when acting as a CRO, has no direct relationship with medical research subjects participating in a clinical trial and any such Individuals who seek access, or who seek to correct, amend, or delete their inaccurate Personal Information should direct his or her query to the relevant study sponsor or investigator which has transferred such Personal Information to ECLEVAR for processing.

In circumstances in which ECLEVAR maintains personal data as a service provider for its clients or affiliates, ECLEVAR ’s clients or affiliates are responsible for providing Individuals with access to their personal data and the right to correct, amend or delete the data where it is inaccurate. In these circumstances, Individuals should direct their questions to the appropriate ECLEVAR client or affiliate. If they do not receive a response, ECLEVAR will provide reasonable assistance in forwarding the Individual’s request.

 

RECOURSE, ENFORCEMENT AND LIABILITY

ECLEVAR encourages Individuals covered by this Policy to raise questions about the processing of Personal Information about them by contacting ECLEVAR through the contact information provided below. Any Personnel that ECLEVAR determines is in violation of the Privacy Shield Principles and/or this Policy will be subject to disciplinary action up to and including termination of employment, where applicable, in accordance with ECLEVAR’s disciplinary procedures.

In accordance with the Privacy Shield Principles, ECLEVAR commits to resolve complaints about Individuals’ collection or use of your Personal Information. Any Individuals with inquiries or complaints regarding this Policy or the use or disclosure of Personal Information in accordance with the Privacy Shield Principles should first contact ECLEVAR using the contact information given below. ECLEVAR will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles contained in this Policy. In addition, ECLEVAR has further committed to cooperate with the panel established by the EU data protection authorities (“DPAs”) and comply with the advice given by the panel with respect to unresolved Privacy Shield complaints related to Individuals’ human resources data transferred from the EEA in the context of the employment relationship. ECLEVAR commits to cooperate with the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from Switzerland in the context of the employment relationship. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs or Swiss FDPIC, as applicable, for more information or to file a complaint. The services of EU DPAs and Swiss FDPIC are provided at no cost to Individuals. If any request remains unresolved, Individuals may, under certain circumstances, have a right to invoke binding arbitration under Privacy Shield; for additional information, see https://www.privacyshield.gov. The Federal Trade Commission has jurisdiction over ECLEVAR’ compliance with the Privacy Shield Principles.

In circumstances in which ECLEVAR obtained or maintains Personal Information as a CRO or other Service Provider, Individuals may submit complaints concerning the processing of their Personal Information to the relevant client, in accordance with the client’s dispute resolution process. ECLEVAR will participate in this process at the request of the client or the Individual. ECLEVAR will take steps to remedy any issues arising out of potential failure to comply with the Privacy Shield Principles.

 

CONTACT INFORMATION: Questions, comments, concerns or complaints regarding this Policy or ECLEVAR’s processing of Personal Information should be submitted to ECLEVAR by email at PrivacyOfficer@ECLEVAR.com.

 

RESERVATION OF RIGHTS: ECLEVAR reserves the right to share an Individual’s Personal Information and contracts with Agents as required or authorized by law or regulation or in response to duly authorized information requests of government authorities.

 

CHANGES TO THE PRIVACY POLICY: This Policy may be reviewed and amended from time to time, without advance notice, to ensure that an appropriate level of protection for Personal Information is maintained. All amendments will be posted on this website. Please check back periodically for updates to this Policy.

 

PRIVACY POLICY – EFFECTIVE DATE: DECEMBER 16th 2019

GDPR at ECLEVAR

Here you can find information related to the new data protection rules in the European Union (EU) known as the General Data Protection Regulation (GDPR) and the steps we are taking to ensure timely compliance with those rules.

 

At ECLEVAR, we have always been committed to protecting data privacy to support our customers and partners. Our commitment to handling data meticulously with a robust respect for privacy is at the core of what we do, so we were well positioned to embrace the EU General Data Protection Regulation (GDPR) from 25 May 2018.

 
It was our focus on privacy and data protection that led us to closely follow the development of the regulation, well in advance of GDPR being enacted. We have followed the progress of member state GDPR implementation laws and guidance throughout all our preparations for GDPR. This knowledge has been applied to ECLEVAR business operations where we are handling personal data within the scope of GDPR. 

 
Our customers and partners can be confident that our operational policies and processes are not only GDPR-ready but also supportive of their requirements.

 
If you have any questions or would like more information on our commitment to privacy, please visit ECLEVAR.com or contact us at PrivacyOfficer@ECLEVAR.com.