This Notice describes Sunovion Pharmaceutical’s practices with respect to the collection, use, storage, and disclosure (“processing”) of Personal Information of healthcare professionals and other relevant decision makers defined by EFPIA Code of Practice and covered by the European Union’s General Data Protection Regulation for the purpose(s) outlined below. This Notice applies to Sunovion Pharmaceuticals, Inc. and its subsidiaries, including Sunovion Pharmaceuticals Europe Ltd. (collectively, “Sunovion”). All healthcare professionals and other relevant decision makers (referred to below as “you” or “your”) should carefully read the provisions of this Privacy Notice.
“Personal Information,” as used in this Notice, means any information that can be used to identify you, whether directly or indirectly, including by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.
You can contact Sunovion with any questions about this notice, our data collection practices, or your rights by using our privacy request system at sunovion.eu/privacyrequest.
This general notice may be supplemented by additional notices at the point of any data collection. If you have specific questions about any of the data processing activities described in this or any other notice, please contact the DPO at:
ATTN: Legal Affairs
Data Protection Officer’s Office
84 Waterford Drive
Marlboro, MA 01752 USA
This general notice may be supplemented by additional notices at the point of any data collection. If you have specific questions about any of the data processing activities described in this or any other notice, please contact the DPO.
The Information We Process About You
We process the information we collect from you directly, such as during our communications with you about Sunovion, through your engagement with Sunovion’s online platforms, or in the course of any services you provide to Sunovion. The Personal Information we may collect from you directly includes, for example:
- Your name and contact information
- Where applicable, your professional identification number
- Your contact and communication preferences
- Your training and qualifications
- Your professional interests (such as health care topics in which you have expressed an interest)
- Your interest in Sunovion products and services
- If you provide us with consulting or other services, bank account number, tax identification number, and other information necessary to pay you
In some cases, we will require that you provide certain information in order for Sunovion to provide you with a service or take an action that you request. We will indicate when such information is required. Failure to provide required or mandatory information may result in termination of our relationship or our inability to take an action you request.
In addition, we collect the following kinds of information about you from third parties:
- Additional information about your training and qualifications, such as your organizational or institutional affiliations, place of employment, educational history, publications, professional identification number, and professional experience;
- Information about debarment and any professional discipline measures from government sources or professional organizations.
- Information about prescriptions written, medical claims filed, and/or diagnostic tests ordered (“Prescribing Behavior”).
Purposes and Legal Basis for Processing Your Data
We process your Personal Information to:
- Respond to your requests for information about our products and services.
- Communicate other information that we think may be of interest to you through our web sites, via e-mail, call centers, postal mail and other channels, including promotional communications about our products and services.
- Keep track of our interactions with you, both online and offline.
- Conduct business and marketing research.
- Process and report adverse event information and product complaints.
- Identify and engage scientific experts.
- Identify speakers and invitees to conferences and other scientific and educational programs we host or sponsor.
- Track and report payments and other transfers of value to healthcare professionals in accordance with financial disclosure transparency requirements.
- Audit our programs and services for compliance purposes.
- Meet our compliance and legal obligations.
- Meet our contractual obligations to you, if you provide us with services.
We may process your Prescribing Behavior to enable us to
- tailor our messaging and communications to you, including messaging and communications for promotional purposes, based upon your Prescribing Behavior; and
- better understand the market for our existing products and services, and potential new products and services, and to adjust our research, development, and marketing strategies accordingly.
We may also use your Personal Information to determine your potential involvement in future activities with Sunovion and to contact you in relation to these activities.
We combine the data that we collect in order to provide these functions.
We have the following legal bases for processing the information you provide to us, that we collect in the course of interactions with you, or that we collect from third parties about you:
- We have a legitimate interest in communicating with you about our products and services; in communicating with you about scientific research opportunities; in analyzing the market for our products and services; and in meeting our legal and compliance obligations. We process all the information we collect from or about you to meet these purposes. You can obtain additional information about the legitimate interests we have in processing your information by contacting the DPO.
- We may be required to process your Personal Information if you have or are seeking to enter into a contract with us, such as a contract to provide consulting services. You can obtain additional information regarding processing we do to enter into contracts with you by contacting the DPO.
In the case of Sensitive Personal Information (which includes (i) information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; (ii) genetic and biometric data, and (iii) data concerning health, sex life, or sexual orientation), we process such information either (i) because we have your consent to do so or (ii) because we are required to process the information to comply with applicable laws. You can obtain more information about these laws by contacting the DPO. When we process your Sensitive Personal Information on the basis of your consent, you may withdraw that consent at any time by contacting the DPO. If you withdraw your consent, we may still be required to process your Sensitive Personal Information to comply with applicable law, but we will explain to you at the time your consent is withdrawn what processing activities will continue for legal compliance purposes.
Recipients of Your Personal Information
Your Personal Information will be received and processed by Sunovion employees and personnel, including third parties who provide services to us in connection with the purposes of processing described above. These third parties may include, for example, our website providers, vendors that assist us in communicating with you, database providers, survey and marketing research organizations, and event organizers. We share your Personal Information with our service providers only when they have agreed to process your Personal Information only to provide services to us and have agreed to protect your Personal Information from unauthorized use, access, or disclosure. You may contact the DPO to learn more about the categories of service providers to whom your data is disclosed.
We may disclose your Personal Information, including your financial relationship with Sunovion and any amounts you have been paid by Sunovion, to government authorities and the public in response to authorized information requests, or as otherwise required by laws, regulations, regulatory guidance or standards, judicial or administrative proceedings, or industry codes.
We may disclose your Personal Information where necessary to protect our rights and safety or the rights and safety of one or more third parties.
Sunovion is a subsidiary of Sumitomo Dainippon Pharma Co., Ltd., and we may disclose your Personal Information for the purposes described above to our Sumitomo Dainippon Pharma affiliates. We may also disclose your Personal Information for the purposes described above to our development and business partners. Finally, in the event Sunovion decides to reorganize or divest our business through sale, merger, or acquisition, Sunovion may share Personal Information about you with actual or prospective purchasers.
Transfers to Third Countries
Sunovion is a global company headquartered in the United States. We transfer your data to the United States and to other countries outside the EU as required for the purposes above.
Sunovion has executed Standard Contractual Clauses, as approved by the European Commission. These clauses permit Sunovion to transfer data from the EU to third countries, including the United States. If you would like to receive a copy of Sunovion’s Standard Contractual Clauses, you can contact the DPO.
We keep data about health care professionals for (i) as long as we have an ongoing relationship with you; (ii) as required by a legal obligation to which we are subject; and (iii) as otherwise necessary for legal purposes (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations). If you have any questions, you may contact the DPO.
You have the right to the following information regarding Sunovion’s processing of your Personal Information:
- the purposes of the processing,
- the categories of Personal Information concerned,
- the recipients or categories of recipients to whom the Personal Information have been or will be disclosed,
- where possible, the envisaged period for which the Personal Information will be stored, or, if not possible, the criteria used to determine that period.
This Notice is intended to provide this information. Any questions about these details may be directed to the DPO.
You also have the following additional rights with respect to your Personal Information:
- The right to request access to the Personal Information that Sunovion has about you, as well as the right to request rectification of any data that is inaccurate or incomplete.
- The right to request a copy of your Personal Information in electronic format so that you can transmit the data to third parties, or to request that Sunovion directly transfer your Personal Information to one or more third parties.
- The right to object to the processing of your Personal Information for marketing and other purposes.
- The right to erasure of your Personal Information when it is no longer needed for the purposes for which you provided it, as well as the right to restriction of processing of your Personal Information to certain limited purposes where erasure is not possible.
- The right to lodge a complaint with the supervisory authority in the country where you live or work or where you believe that your rights have been violated.