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Privacy statement for healthcare professionals

Dear Healthcare Professional,

We are committed to the protection of your personal data and compliance with the applicable data protection laws including the Law of the Republic of Azerbaijan “On Personal Data” dated 11 May 2010 No 998-IIIQ (“PD Law”) and Regulation 2016/679/EU (the “GDPR”) and would therefore like to inform you about the processing of your personal data by the Representative Office of “Berlin-Chemie AG” Joint Stock Company in the Republic of Azerbaijan, a legal entity duly incorporated under the laws of the Republic of Azerbaijan with TAX ID of 1400043891, legal address at AZ1065 Baku, J.Jabbarli str. 609, Globus Plaza, 7th floor (hereinafter: “Company”, “we” or “our”).

 

1. We collect the following personal data from you:

a. Personal information: We process your name, your practice or business address, your contact data (surname, first name, patronymic, academic degree, specialization/professional qualification, telephone number, position, place of work, mobile phone, information about specifics and volume of work, data related to the scientific conferences and other symposia attended by you and supported by the Company, drug samples management data), other data which may be necessary for achievement of the processing purposes defined in this Information Notice and Consent Form regarding the use of your personal data (“Consent Form”). We collect this data partly from you or from publicly accessible sources.

b. Information in connection with visits by our representatives: We process the date and content of the visits made by our representatives, as well as preferred visiting hours, etc.

c. Information for the fulfilment of contracts with you: If we conclude a contract with you (e.g. for the execution of speaker or consultant activities, hereinafter, “Contracts”), we process the information required for the execution of the contractual services (e.g. your bank account details, compensation or other benefits received under the Contracts, travel data, ID/passport details, etc.).

d. Information to fulfill a legal obligation: We may process your personal data defined in this Consent Form for complying with our obligations under the applicable laws.

e. Further information:  We will record your e-mail address, your fax number, your telephone number and/or your preferences with regard to our marketing activities (communication channel and indication areas). We want to send you advertising and scientific information that is oriented towards your individual interests. We will evaluate the information mentioned under 1.a. to 1.c. and 1.e. in order to control our marketing measures Customization of our Scientific Information activities/services by assessing your needs, preferences and professional interests (“Profiling”).

 

2. What are the purposes of data processing?

a. Personal information: The data mentioned above under 1.a. are necessary for the fulfilment of the Contracts with you, organization of scientific events with you,(legal basis: Art. 6 para. 1 sentence 1 b) GDPR), in addition for the fulfilment of a legal obligation (legal basis: Art. 6 para. 1 sentence 1 c) GDPR in conjunction with Articles 8.1 and 9.6 of the PD Law, the Law of the Republic of Azerbaijan “On Pharmaceuticals” No 208-IIIQ dated 22 December 2006 (“Law on Pharmaceuticals”), other legislative acts and this Consent Form).  In addition, the data mentioned under 1.a. are required to protect the following legitimate interests: to maintain our business relationship with you and for purposes of scientific information, marketing purposes and market research (legal basis: Art. 6 para. 1 sentence 1 f) GDPR, Articles 8.1 and 9.6 of the PD Law, this Consent Form).

b. Information in connection with visits by our representatives: The data mentioned above under 1.b. are required to safeguard the following legitimate interests: maintaining our business relationship with you, controlling our representatives and for information and marketing purposes (legal basis: Art. 6 para. 1 p. 1 f) GDPR, this Consent Form, Articles 8.1 and 9.6 of the PD Law).

c. Information to fulfill contracts with you: We process the data mentioned above under 1.c. to fulfil a contract with you or to carry out pre-contractual measures which take place on your request (legal basis: Art. 6 para. 1 sentence 1 b) GDPR, this Consent Form, Articles 8.1 and 9.6 of the PD Law).

d. Information for fulfilling a legal obligation: We process the data mentioned under 1.d. above in order to fulfil our legal obligations under the Law on Pharmaceuticals and other applicable legislative acts of the Republic of Azerbaijan. The legal basis is Art. 6 para. 1 sentence 1 c) GDPR in conjunction with the above-mentioned legal provisions, this Consent Form, Articles 8.1 and 9.6 of the PD Law.

e. We want to send you advertising that is oriented towards your individual interests. We will evaluate the information mentioned under 1.a. to 1.c. and 1.e. in order to adapt our marketing activities.

 

3. Processing operations

The Company may whether or not by automated means, collect, use, systematize, build-up, safe-keep, transfer, anonymize, record, organize, structure, store, adapt or alter, profile, retrieve, consult, disclose by transmission, publish, disseminate or otherwise make available, align or combine, restrict, erase, destruct or archive your Personal Data defined in this Consent Form solely for the processing purposes defined under article 2 of this Consent Form.

 

4. To whom is personal data passed on?

Within our Company, our employees have access to your data only to the extent necessary to fulfill the respective purpose. For organisational, accounting or other internal administrative purposes or if this is necessary for the fulfilment of the respective purpose, your data may also be passed on to the parent company of our Company, A. Menarini IFR Srl, Florence, as well as to other companies of the Menarini Group including those in third countries outside the Republic of Azerbaijan and the European Economic Area (“EEA”) and those which legislation provides less protection than the legislation of the Republic of Azerbaijan or the legislation of the EEA countries.

We may also transfer your personal data to third parties, including but not limited to travel agencies, hotels, etc., only if it is necessary for achievement of the processing purposes defined in this Consent Form.

We also use external data processing service providers who support us in the implementation of our marketing measures (e.g. in the operation of our websites, the clearing of address and contact data and the sending of invitations and newsletters). These service providers process data only in accordance with the instructions and under the control of Company and exclusively for the purposes described in this Consent Form. For the processing of your data we also use service providers located in third countries outside the EEA area (e.g. by using the e-mail service "G Suite" of Google Ireland).

If your data is transferred to countries outside the Republic of Azerbaijan and the EEA region, we ensure an appropriate level of data protection through appropriate guarantees, such as the so-called standard data protection clauses provided by the EU Commission, an EU adequacy resolution or the so-called EU-US Privacy Shield. You can request a copy of the standard data protection clauses or other relevant warranty(s) at the contact details below.

The Company will establish technical and organizational measures in order to protect and ensure the confidentiality, integrity or accessibility of your personal data processed including prevention from the unauthorized use of or unauthorized access to your personal data, accidental or unauthorized destruction, loss or rectification of personal data, personal data breach.

Your Personal Data will not be processed in a manner that is incompatible with the processing purposes defined in this Consent Form.

We will not provide your personal data to third parties other than mentioned in this Consent Form, without your written consent, except for the cases when it is necessary to prevent a threat to life and health, as well as in the other cases envisaged by the PD Law, will not use your personal data for commercial purposes.

 

5. How long do we store your data?

We store your data as long as this is necessary to fulfil a purpose of data processing described under point 2 (e.g. an existing contract or a legal obligation with you).

 

6. Your rights

You are entitled to request information about your data stored by us at any time, about legal consequences of processing of your data, processing operations with respect to your data. Furthermore, you have the right to request the correction of incorrect data or, under the legal requirements, deletion, blocking, restriction of processing and transfer of your data. You also have the right to object to the processing of your data at any time. If you have given us your consent, you can revoke this at any time (where there is no legal ground for further processing) with effect for the future. You have the right for Data Portability. Please contact our data protection officer: the Representative Office of “Berlin-Chemie AG” Joint Stock Company in the Republic of Azerbaijan, located at AZ1065 Baku, J.Jabbarli str. 609, Globus Plaza, 7th floor; dpo.azerbajan@berlin-chemie.com . In addition, you have the right to file a complaint with the responsible supervisory authority, the Ministry of Transport, Communications and High Technologies of the Republic of Azerbaijan or respective court as well as to demand proved judicial compensation of moral and material damages.


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