Effective Date: 01 October 2019
TMC Pharma Services Ltd. ("we," “us,” or “TMC”) is committed to protecting your privacy in accordance with the EU General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018 (DPA2018), and has implemented the measures below to protect the personal data we process about you. By "Personal Data", we mean all information that relates directly or indirectly to an identified or identifiable natural person. Personal Data does not include information that cannot be used to identify you or a natural person, including aggregated or anonymised information. Our use of information that cannot identify a natural person is not limited in any way by this notice.
This notice applies to all Personal Data gathered for and on behalf of TMC through websites or applications operated by or on behalf of TMC and HTML-formatted e-mail messages, together with any and all offline sources including sales and marketing activities (collectively, the “Sources”). By using the Sources, you consent to the data collection and use practices described in this notice.
TMC has additional privacy notices or terms for specific purposes. If you receive a privacy notice provided to you for a specific purpose, the terms of the specific notice or contract will control your interaction with TMC to the extent that notice conflicts with this notice.
Through your interaction with and use of the Sources, TMC may collect Personal Data about you. Various regulators define what constitutes Personal Data, but in general, it may include information such as your name, physical address, telephone number, e-mail address, company affiliation, employment and educational history, browsing history, and associated interests.
TMC may also collect statistical or aggregated information through your interaction with and use of the Sources that does not reveal your specific identity nor directly relate to an individual. This other information may include, but is not limited to, non-identifying browser and device information, data collected through automated electronic interactions such as referring page, application usage data, demographic information, geographic location, statistical and aggregated information. To learn more about how we do this, please see the “Cookies and Other Tracking Technologies” portion of this Privacy Notice.
We do not generally collect Sensitive Personal Data through the Sources. "Sensitive Personal Data" refers to categories of personal data identified by data privacy laws as requiring special treatment, including in some circumstances the need to obtain explicit consent from you. These categories generally include racial or ethnic origin, political opinions, financial background, religious or similar beliefs, sexual life, trade union membership or affiliations, individual medical records and history, physical, mental or physiological health condition or genetic or biometric information, ideological views or activities, information on social security measures, or administrative or criminal proceedings and sanctions which are treated outside pending proceedings.
If we seek to collect Sensitive Personal Data, we will do so in accordance with applicable law. Unless we have specifically requested such data, we ask that you not share any Sensitive Personal Data with us.
TMC collects Personal Data in a variety of ways:
We use Personal Data for many purposes, including to (a) respond to your questions or other requests; (b) provide you with information about TMC or your industry that may be of interest to you; (c) contact you for responses to surveys or questionnaires; (d) maintain, operate and administer the Sources; and (e) for other purposes disclosed at the time you provide the Personal Data to us.
We may share Personal Data with third parties, as described below:
We process Personal Data:
If we process Personal Data based on your consent or your explicit consent, you have the right to withdraw your consent in whole or in part at any time. Once we have received notification that you have withdrawn your consent, we will no longer process the Personal Data for the purpose(s) to which you originally consented unless there are compelling legitimate grounds that override your interests, rights and freedoms (for example, to comply with a legal obligation), or for the establishment, exercise, or defence of legal claims. If we processed Personal Data for direct marketing purposes, you have the right to object at any time, in which case we will no longer process your Personal Data for such purposes. The withdrawal of your consent does not affect the lawfulness of such processing that occurred before its withdrawal. Should you withdraw consent to future processing of your Personal Data, we may not be able to contact or interact with you as originally planned when you first provided your consent.
TMC operates on a global basis, and your Personal Data may be transferred, accessed and stored globally as necessary for the uses stated in this notice, or in another notice or agreement provided to you. We have taken measures to protect the confidentiality, integrity, availability, and security of Personal Data when it is transferred. By using the Sources (and if required by law), you consent to the transfer of information to countries outside of your country of residence.
To the extent that your Personal Data is shared with service providers or other third parties processing Personal Data on our behalf which are located outside your country of residence, it is our practice to enter into appropriate contracts that require such third parties to comply with applicable data protection laws.
TMC will retain your Personal Data for as long as your account is active; as needed to provide you products or services; as needed for the purposes outlined in this Privacy Notice or at the time of collection; as necessary to comply with our legal obligations (e.g., to honour opt-outs), resolve disputes, and enforce our agreements; or to the extent permitted by law. TMC does not retain Personal Data after it no longer serves the purposes for which it was collected or subsequently authorised. At the end of the retention period, TMC will delete your Personal Data in a manner designed to ensure that it cannot be reconstructed or read.
The security of your Personal Data is important to TMC. We use commercially reasonable physical, electronic, and administrative safeguards that are designed to protect your Personal Data from loss, misuse and unauthorised access, disclosure, alteration, and destruction. However, regardless of our efforts and the device you use to access the Sources, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission.
The Sources and/or third parties may use “cookies” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect information from you automatically as you use the Sources, browse TMC websites, and the web. These Tracking Technologies help us gather statistics about and understand website and internet usage, improve the content, offerings, or advertisements through the Sources, help us offer you programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Sources, and for other purposes described in the "Uses of Information" section of this Privacy Notice.
These Tracking Technologies collect “click stream” data and other information regarding your use of the Sources, such as your visits, use of our features and preferences, and may also collect your IP address or some other identifier unique to the device you use to access the Sources (“Identifier”). Your Identifier may be automatically assigned to the device you use to access the Sources. By using the Sources, whether as a registered user or otherwise, you acknowledge, understand, and hereby agree that you are giving us your consent to track your activities and your use of the Sources through these technologies.
"Cookies" are text files that a website can send to your device through your browser, which is then used to identify your device by the website. Cookies can be both “session level” (stored only for until you close your web browser), which help you efficiently navigate our Sources during a visit, and “persistent” (stored for a longer period, even after you close your browser), which remember relevant information such as your language preference. TMC Sources may use both session level and persistent cookies.
Cookies may also be “first-party cookies,” which are cookies that are placed by the website owner on a website, or “third-party cookies,” which are cookies belonging to one party that are placed on another party’s website. We may use both first- and third- party cookies on the Sources. Some of the third-party cookies we use relate to Tracking Technologies we have licensed from third parties, including Google Analytics. These companies use programming code to collect information about your interaction with our sites, such as the pages you visit, the links you click on, and how long you are on our sites.
We also use other technologies to collect information about how our Sources are used, gather statistics about and understand website and internet usage, improve the content, offerings or advertisements through the Sources, help us offer you programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Sources and for other purposes described in the "Uses of Information."
TMC Sources do not recognise automated “do not track” instructions. You can, however, adjust your web browser’s privacy preferences regarding the use of most cookies. For example, you can remove existing cookies and block future cookies from being placed on your device through your browser’s privacy settings. Unless you choose to block cookies, some Sources may issue cookies when you visit our site or click on an e-mail link that we send to you, even if you have previously deleted our cookies. In addition to deleting or blocking cookies, you may be able to manage cookie preferences with the cookie manufacturer. For example, you can opt out of Google Analytics by clicking here.
We are committed to protecting the privacy of children. For that reason, we do not knowingly collect or maintain personally identifiable information from any person we actually know is under the age of 13. No part of the Sources are structured to attract anyone under the age of 13.
You may be entitled to certain rights in and to your Personal Data, subject to certain conditions and exceptions contained in applicable law. These rights may include the following:
To protect your privacy and the security of your Personal Data, we will take reasonable steps to verify your identity before complying with such rights requests.
Should you have questions about the Personal Data that we process, or if you have a question, concern, or would like to exercise your legal rights in and to your Personal Data, please contact the TMC Data Protection Officer using the contact details above.
Any questions, concerns, or complaints regarding the use of your Personal Data should be directed to the TMC Data Protection Officer using the contact details above.
We may periodically update this notice. When we post changes to this notice, we will also revise the “Last Updated” date appearing at the top of the notice. We encourage you to review this notice periodically to be informed of how we are using your information and to be aware of any changes to it. Your continued use of the Sources after the posting of any amended notice shall constitute your agreement to be bound by any such changes. Any changes to this notice are effective immediately after we post it.
You can also complain to the ICO if you are unhappy with how we have used your data:Information Commissioner’s Office