Servier Laboratories (Aust) Pty Ltd (Servier) complies with the Australian Privacy Act 1988 (Cth) (Privacy Act), New Zealand Privacy Act 2020 (NZ Privacy Act) and 2016/679 General Data Protection Regulation (GDPR) (collectively, Privacy Legislation). Servier only collects and uses your personal information in accordance with the Privacy Legislation, as applicable.
Servier and the Servier Group is committed to protecting the privacy of your personal information and does so through:
- compliance: compliance with the Privacy Legislation.
- governance: appointment of a global data protection officer, local data protection officers and compliance relays who are responsible for privacy compliance and raising awareness and educating employees on privacy rules. Implementation of numerous internal policies and procedures to ensure compliance of applicable privacy rules within the Servier Group.
- training: monitoring privacy education and compliance within the Servier Group through regular training.
- third party compliance: ensuring privacy compliance from all third parties Servier works with which process your personal information on our behalf.
- Personal information means information or an opinion, whether true or not, that identifies you, or from which your identity can be easily determined. It includes information such as your name, age, gender and contact details.
- Processing means any operation performed on your personal information, whether or not by automated means, such as the collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of your personal information
- Sensitive information is a subset of personal information and includes information or an opinion on your race or ethnic origin, political opinions, membership of political, professional or trade associations or trade unions, religious beliefs, sexual orientation, criminal record, state of physical or mental health or medical history.
In this policy all references to personal information include sensitive information.
Collection of personal information
As a provider of pharmaceutical products, Servier collects personal information reasonably necessary to carry out its business. The types of personal information we may collect are described below, depending on your interaction with us:
|Healthcare Professional||Member of the public|
|identifying and contact information such as your name and business contact detailscomments regarding our products and servicesdetails during calls made by our sales representatives to yousocial media accounts and handles if you interact with us on our social media platformsstatistical details regarding prescriptions given or filled and details of samples requested from us.This information is collected through some of the followings ways: direct contact, in response to product queries, in connection with providing product related information or services, conducting market research and purchasing such information from third party providers and conducting clinical research in accordance with clinical research guidelines and regulatory requirements.||identifying and contact information such as your name and contact detailsinformation about your physical or mental health and employment details.This information is collected through some of the followings ways: responding to your queries, participation in Servier’s patient support programs, reporting from your healthcare professional for pharmacovigilance management, conducting market research through recruitment and conducting clinical research in accordance with clinical research guidelines and regulatory requirements.|
|identifying and contact information such as your business and employee contact detailsThis information is collected through some of the followings ways: providing services to Servier, reporting for pharmacovigilance management and completing due diligence questionnaires.||identifying and contact information such as your business and employee contact detailsThis information is collected through some of the followings ways: ordering Servier’s products, reporting for pharmacovigilance management and completing due diligence questionnaires.|
Servier will not collect sensitive information without your consent.
Servier will collect personal information directly from you where it is reasonable and practicable to do so. We may also collect personal information from third parties such as:
- organisations that Servier engages to assist us to carry out our functions and activities (such as conference organisers);
- healthcare providers or colleagues; and
- online directory providers or providers of customer contact databases.
Servier may engage third parties such as data verification providers to provide services to us, which may include processing and validating personal information on our behalf.
Purposes for which we collect, hold, use and disclose personal information
Generally, Servier collects, holds, uses and discloses personal information for the following purposes:
- general sales and marketing and providing information about Servier products and services or those of third parties which may be of interest to you;
- to manage our patient support programs and other similar programs;
- to plan conferences, events and seminars including to organise travel to such events and accommodation and invite speakers and attendees;
- to help Servier research the needs of its users and to market its products and services with a better understanding of individual needs and the needs of users generally;
- to conduct clinical trials and research in accordance with clinical research guidelines, regulatory requirements and ethical principles;
- to establish and run medical boards or to acquire general opinions or publications on medical, scientific, clinical research and patient related issues;
- administering conferences, symposia, expert panels, webinars, seminars or other similar programs organised by us, which you agree to participate in or be involved with, including any recordings; manage, review, develop and improve our business and operational processes and systems;
- manage, review and resolve any regulatory, government or other medical authority matters, notifications or requirements (including adverse event reporting);
- to recruit and manage human resourcing requirements and needs;
- manage relationships with Servier suppliers and vendors;
- communication and relationship management and promotional and non-promotional activities with healthcare professionals including interactions (eg through our social media accounts and websites), profiling activities, contract management, congress and meetings management and databases;
- pharmacovigilance and medical management which includes maintaining a record of medical queries, complaints and adverse event or adverse reaction reports relating to our products and reporting these to relevant regulatory bodies, such as the Therapeutic Goods Administration, as may be required;
- to conduct due diligence with respect to our service providers;
- managing, planning and arranging meetings between healthcare professionals and us, including our sales representatives;
- to gain insights in to how Servier’s products are prescribed and used in practice; and
- generating customer lists for the purposes of market research;
- if applicable, complying with our transparency obligations to report transfers of value;
- resolve any legal and/or commercial complaints or issues; and
- perform any of our other functions and activities relating to our business.
In order to carry out the above purposes, Servier may disclose personal information to persons or organisations such as:
- Servier Head Office in France and its subsidiaries including those based in the US;
- our in-licensed partner in Japan and its subsidiaries;
- third party data verification providers who maintain and verify our company databases. Please note that such third party data verification providers may collect and disclose such personal information to their clients such as other pharmaceutical companies;
- our agents and service providers such as mailing houses, conference organisers and suppliers;
- our professional advisors;
- healthcare professionals;
- persons authorised by or responsible for the individual, including their agents and advisors;
- government agencies including regulatory authorities, within or outside of Australia; and
- other parties to whom we are authorised or required by law to disclose information.
Servier is a global organisation, with a presence on five continents, and businesses, IT systems, management structures and processes that cross borders. As such, it is sometimes necessary for Servier to transfer personal information to other Servier entities or third parties, in the same country as or in countries other than the country in which it was initially provided, and store personal information in databases that may be hosted in or accessible from other countries.
Any transfer of personal information outside Australia will comply with the requirements of the Privacy Act that relate to transborder data flows.
Servier takes all reasonable endeavours to ensure any third parties who handle or obtain personal information as service providers to Servier comply with the Privacy Legislation however, you acknowledge that, by agreeing to the disclosure of your personal information to these third parties operating outside of Australia, we will no longer be required to take reasonable steps to ensure the overseas third parties’ compliance with the Privacy Legislation in relation to your personal information and we will not be liable to you for any breach of the Privacy Legislation by these overseas third parties and on this basis you consent to such disclosure.
Our range of products and services and our functions and activities, as well as those of our contracted service providers, may change over time.
From time to time, Servier may use personal information to contact you (including by mail, telephone call, text message or email) to provide promotional material about Servier, our products and services or the products or services of third parties.
If you do not wish to receive marketing information, you can request not to receive this information by following the opt out instructions set out in the relevant communication or contacting our Privacy Officer using the details set out below.
Data quality, storage and security
Servier may store personal information that we hold in hard copy documents or as electronic data in our IT systems.
To the extent required by the Privacy Legislation, Servier will take reasonable steps to:
- limit the collection of your personal information to what is necessary in relation to the purposes for which it is collected and processed;
- make sure that the personal information that we collect, use and disclose is accurate, complete and up to date;
- retain your personal information only for the legal and business retention requirements of Servier or the Servier Group and in a form which permits your identification for no longer than is necessary for the purposes for which your personal information is processed;
- protect the personal information that we hold from misuse and loss and from unauthorised access, modification or disclosure and take reasonable steps to ensure that any third parties who Servier works with which process your personal information on our behalf comply with the same or at least as stringent security measures as those applied by Servier however we will not be responsible for any breach of security caused by such third parties; and
- where permitted by law, destroy, permanently de-identify or erase your personal information that is no longer needed for any purpose that is permitted by the Privacy Legislation.
If you believe that any of the Personal Information we hold about you has been the subject of a data breach or has otherwise been unlawfully accessed, used or disclosed, you should notify us immediately so that we can take appropriate steps to ensure its security.
Access to and correction of personal information
You have the right to:
- access your personal information: depending on whether you are a patient, candidate, vendor or otherwise, your personal information may be disclosed either to you directly or through a healthcare professional or another person designated by you
- rectify and update your personal information
- erase your personal information
- restrict the Processing of your personal information
- exercise your right to data portability: and obtain from Servier the right to receive your personal information in a structured, commonly used and machine-readable format
- object: at any time of the Processing, free of charge and without having to state legitimate grounds, to the Processing of your personal information for the purposes of direct marketing (including profiling to the extent that it is related to such direct marketing)
- lodge a complaint: regarding the use of your personal information,
by contacting our Privacy Officer using the details set out below.
There are some circumstances where Servier may not allow you to access or correct your personal information, in which case Servier will provide you with the reasons for this decision in accordance with law.
If you have a complaint about Servier’s handling of your personal (including sensitive) information, or you believe Servier has acted in a manner that has breached the Privacy Legislation, you should put your complaint in writing and send it to our Privacy Officer (details set out below).
The Privacy Officer will assess the complaint and advise you of the outcome within one month (subject to the level of complexity of the case) after the complaint was received. If the Privacy Officer determines that the complaint was valid, appropriate action will be taken to remedy the breach.
The Privacy Officer will keep a record of all complaints and review them annually for possible identification of systemic problems and to assist in finding ways in which Servier’s privacy practices can be improved.
If you are not satisfied with our response to a complaint and you are based in:
- Australia, you can contact the Office of the Australian Information Commissioner
- New Zealand, you can contact the Office of the Privacy Commissioner
If you have any concerns or complaints about the manner in which personal information is collected or handled by Servier, or you wish to exercise any of your rights as described above in relation to your personal information, please contact the Servier Privacy Officer by phone: +61 3 8823 7333, in writing: P.O. Box 196, Hawthorn, Victoria 3122 or by email: email@example.com.
Further information about the application of the:
- Privacy Act can be found at the website of the Office of the Australian Information Commissioner at www.oaic.gov.au
- NZ Privacy Act can be found at the website of the Office of the Privacy Commissioner at www.privacy.org.nz