PRIVACY POLICY

 

Honoring privacy rights is important at WuXi Clinical. This privacy policy (the “Privacy Policy”) describes the main types of personal information we process within our organization, how that information is used and disclosed, and explains our commitments to the individuals whose information we handle. The Policy explains in general terms how we seek to comply with data privacy laws and regulations, including but not limited to national laws implementing the European Union (“EU”) General Data Protection Regulation (“Regulation”), the Health Insurance Portability and Accountability Act (HIPAA) [US,45 CFR 164] and the privacy and confidentiality requirements of ICH Good Clinical Practice (GCP). The Policy does not cover any WuXi Clinical affiliates that operate under their own separate privacy policies. By using our services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes.

 

THE INFORMATION COLLECTED

 

We may collect personally identifying information that you affirmatively provide to us, including, by way of example, your name, address, telephone number, and/or email address. When you voluntarily give us your personal contact information, we may use this information to contact you directly. If we contact you by email, you can opt-out of receiving future emails from us at any time by notifying us. You have the right to have access to any personal information that you provide. WuXi Clinical processes similar information relating to consultants, contractors and other third parties engaged by the company to provide products or services to it.

 

We also may collect nonpersonal information about how you use this Site for, among other things, the operation and improvement of the Site. This pseudonymous information on its own cannot be associated with you technical information about how you access the Site, such as browser information, operating system, unique device identifiers, IP address, referring site, and metrics. This information may be collected through technologies provided by third parties such as AliCloud, who host our Site in China or provide technical service to us.

 

Applicants

 

We may collect personal information from applicants seeking employment with WuXi Clinical, including private contact details, professional qualifications and previous employment history to inform employment decisions. With permission, WuXi Clinical conducts various background checks on applicants, including where law allows on criminal history and professional disbarment.

 

Successful applicants

 

If your application for employment or engagement is successful, personal data gathered during the recruitment process will be transferred to our HR management system and retained during your employment in accordance with our staff privacy and retention policies. WuXi Clinical collects information on staff for human resource, performance, payroll and tax purposes. WuXi Clinical will collect and record employee level information in various company systems, consistent with standard business operations.

 

Unsuccessful applicants

 

If your application for employment or engagement is unsuccessful, we will hold your data on file for 2 years from the date of making this record. It will continue after the end of the relevant recruitment process to the extent necessary to enable the Company to comply with any legal obligations or for the exercise or defense of legal claims (subject to any applicable legal or regulatory obligations to retain such information for a longer period).

 

At the end of that period (or if you withdraw your consent prior to this) we will securely destroy your personal data in accordance with our data retention policy.

 

In the event that any court actions or other legal proceedings are pending or impending, personal data will be deleted after termination of the court action or legal proceeding as appropriate.

 

USE OF THE INFORMATION

 

WuXi Clinical uses the information collected for purposes described when it was collected, including:

 

  • To enable you to use our website and services.
  • To respond to your inquiries.
  • To track or analyze site usage.
  • To improve the design of our website.
  • For system administration.
  • To help us identify and provide information that may be of interest to you.
  • To support and enhance your use of our and services’ features and performance.
  • To provide project tracking and other client support services.
  • To protect, enforce or defend our rights and interests (including, in relation to a violation of our terms and conditions), ourselves or through third parties to whom we delegate such responsibilities.
  • To share or transfer information with or to third parties in connection with a proposed or actual merger, reorganization, acquisition, sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or assets, or as part of a corporate reorganization, stock sale or other change in control.
  • Healthcare provider information used in clinical and medical research

 

WuXi Clinical may also use pseudonymous and aggregated information to better design our Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personal information.

 

TRANSFER OF PERSONAL INFORMATION

 

Personal information may be shared across international borders as required to service global projects. WuXi Clinical hosts personal information based on sponsor requirement as well as local and international regulations.  In certain circumstances, WuXi Clinical and collected personal information will be hosted within vendor platforms located in other locations. Data stored on these other platforms are managed by WuXi Clinical under this policy. WuXi Clinical recognizes that many countries globally have regulations restricting the flow of personal information across international borders. WuXi Clinical has put in place measures to ensure that adequate protection is provided to such data where legally mandated.

 

SHARING WITH THIRD PARTIES

 

We may share the information we collect from and about you with our affiliates and other third parties. Specifically, we may share your information with:

 

  • WuXi Clinical third-party service providers to (1) enable and provide the requested service or offering; (2) provide customer service activities, including processing work orders, providing technical support, and customizing and improving WuXi Clinical services and offerings; (3) provide sales and marketing activities and customer relationship management; and (4) and provide internal business processes and management, crime/fraud detection and prevention, security, and compliance with governmental, legislative, and regulatory requirements.
  • WuXi Clinical affiliated businesses in an effort to bring you improved service when permissible under relevant laws and regulations.
  • Third parties or affiliates in connection with a corporate transaction, such as a sale, consolidation or merger of WuXi Clinical businesses.
  • Third parties to host the Site, operate various features available on the Site, provide information security services, send emails, analyze data, and provide search results and links.
  • Third parties who provide us with billing, marketing, and account management tools.
  • Third-parties to whom we need to disclose the information to protect our rights or property.
  • As a service provider to its clients, WuXi Clinical may be in possession of data that contains information defined as personal information. In performing services, WuXi Clinical does not process, store, or handle personal information in any other manner other than that directed by the primary client. Hence, WuXi Clinical does not share, uniquely identify, or in any way use personal information for any commercial purpose other than that defined by the client. In some cases, in accordance with our client agreements, we may disclose personal information with a subcontractor contracted to provide services on our behalf, in order to provide service to our clients.

 

We may disclose your personal information in response to lawful requests by public authorities, for example, to meet national security or law enforcement requirements, or in response to a court order or a subpoena.  We also may disclose your personal information if we believe it is necessary to investigate, verify, prevent, enforce compliance with, or take action regarding: illegal or suspected illegal activities; suspected fraud; situations involving potential threats to the physical safety of any person; protection of the rights and property of WuXi Clinical, our agents, customers, or others; or as otherwise required or permitted by law or consistent with legal requirements.

 

Clinical and Medical Information

 

All clinical and medical information processed by WuXi Clinical is done so under contract with our clients. WuXi Clinical considers the sponsor/client to be ultimately in control of how and why clinical and medical data are processed within our services. To enhance privacy, consistent with ICH Good Clinical Practice (GCP), subjects’ names and other direct identifiers are not attached to records collected by WuXi Clinical for research purposes. Only study doctors and authorized personnel, including WuXi Clinical monitors and WuXi Clinical auditors, may access named subject records at source. In certain cases where local law allows and subject safety dictates, WuXi Clinical may also collect full date of birth as part of study records.

 

Health Professional Information

 

WuXi Clinical evaluates and solicits doctors and other health care providers when seeking potential investigators to assist in clinical and medical research. WuXi Clinical will use available contact information, including email addresses, for the purpose of inviting potential investigators to evaluate feasibility, assess protocols and/or participate in research. WuXi Clinical maintains such information regarding health professionals within our own databases and may also source this information indirectly from public records, data brokers, and referrals. WuXi Clinical may also collect information relating to the involvement and performance of investigators and supporting study staff for strictly operational purposes. WuXi Clinical may also maintain limited financial information regarding investigators to facilitate payment for services and to collect financial disclosure information for our clients as part of the regulatory requirements for participation as an investigator in a clinical trial.

 

RIGHTS OF INDIVIDUAL

 

Individuals, or data subjects, in the European Union (EU) region have additional rights under GDPR including:

  • The right to be informed
  • The right of access
  • The right of rectification
  • The right to erasure (or ‘right to be forgotten’)
  • The right to restrict processing
  • The right to data portability
  • The right to object
  • The right not to be subject of automated profiling and decision making.

 

Each of the rights are supported by the appropriate procedures within WuXi Clinical that allow the required action to be taken, as required by GDPR. However even if in general, the data subject has the right to obtain from the Controller of personal data the erasure of their personal data (without undue delay), the data subject does not have this right if processing is necessary for scientific research purposes – which means that clinical trials can retain their anonymized data for the full archive period as specified by ICH/FDA-GCP and local regulations even if the data subject requests erasure of their data. Withdrawing the subject’s consent from the clinical trial and treatment does not mean erasure of their personal data from the clinical trial. No further data will be entered into the study database for the subject.

 

We will respond to your request as soon as practicable and in any event within one month after receipt of your request. In exceptional cases, we may extend this period by two months and we will tell you why. We may request proof of identification to verify your request. For more details in relation to your rights, including how to exercise them, please contact us using the contact information in Contract Information below.

 

You also have the right to lodge a complaint about the processing of your personal information with the supervisory authority.

THIRD PARTY SITES

 

The Site may contain links that redirect you to Third Party sites (i.e. social networks, applications, or non-WuXi Clinical websites).  Selecting those links may allow those Third Party sites to collect or share information about you. Please recognize these Third Party sites are beyond WuXi Clinical control and are subject to terms of the privacy policies of the Third Party sites.  WuXi Clinical advises you to check the terms of the privacy policies for any Third-Party Sites before providing them any information.  WuXi Clinical is not responsible for their privacy practices nor their content. WuXi Clinical Privacy Policy will not apply to those websites.

 

COOKIES

 

The Site may use “cookies” and other tracking technologies in order to store user-provided information. Cookies are pieces of information sent by a web server to a user’s browser. Cookies may include information such as your login or registration identification, user preferences, time spent on a website and pages visited. We use the information to identify you and to customize and improve your experience on the Site. You can manage the placement of cookies on your computer through the features found in most browsers. For example, you may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that not accepting cookies may limit your use of some features of the Site. Third party service providers may use cookies to make it easier for you to navigate our site, but those cookies are not covered by our Privacy Policy. We do not have access or control over these cookies, if used.

 

DO NOT TRACK

 

Our Site does not respond to “do not track” signals. We do not track your activities online across third-party websites. We also do not permit third parties to track your online activity over time across our Site and third parties.

 

SECURITY

 

WuXi Clinical has security measures for this Site in place to protect the loss, misuse, and alteration of information under our control.  For example, we will provide the secured browsing method, HTTPS (Hyper Text Transfer Protocol over Secure Socket Layer) for Sites as far as possible; we will use encryption technique to ensure the confidentiality of data as far as possible; we will use trustworthy protection mechanism to prevent data from hostile attack as far as possible; we will deploy the access control mechanism to ensure that only authorized staff can access the Personal Information as far as possible; and we will hold security and privacy protection training courses to reinforce the employees’ awareness of the importance of protecting Personal Information as far as possible. While we make reasonable efforts to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third parties from illegally obtaining this information.

 

HOW WE PROTECT YOUR INFORMATION

 

We are committed to protecting the information we receive from you. We implement appropriate security measures designed to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We maintain physical, electronic, and managerial procedures designed to safeguard and secure the information and data stored on our system. However, no security measures are perfect, and we cannot assure you that your information will never be disclosed or accessed in a manner inconsistent with this Privacy Policy.  If in the event of a data breach, WuXi Clinical will make every effort to immediately notify all those affected.

 

DISCLAIMER TO SECURITY

 

You understand that no data transmission over the Internet is completely secure. We cannot guarantee or warrant the security of any information you provide to us. You transmit such information to us at your own risk.

 

TRANSFERS TO OTHER COUNTRIES

 

We provide products and services through resources all over the world, and may have a business need to share your personal information with third parties located outside of our countries of operation – US and China. By providing us with your personal information, you acknowledge and aware that your personal information may be transferred outside of our countries of operation. We will take appropriate measures as required by applicable local and international laws and regulations to protect your personal information before the cross-border transfer.

 

NOTIFICATION TO CHANGES

 

WuXi Clinical reserve the right to change this Privacy Policy from time to time at our sole discretion. We will notify you of any material changes through a notification on the Site, and such change will only apply to information collected after the revised Privacy Policy takes effect. Any changes to the policy will become effective immediately after being posted. We encourage you to periodically review the policy to stay informed of changes and on how we are protecting your personal information.

 

CONTACT INFORMATION

 

If you have any questions, comments, or concerns about our processing activities, please contact us via mail at 5301 Southwest Parkway, Suite 100, Austin, Texas, Attention: Data Protection Officer. Our Data Protection Officer can also be contacted at DPO@wuxiapptec.com .

 

Last Updated: 03-JUNE-2020