This Policy explains how ABIONYX collects, holds, uses and discloses Personal Information.
ABIONYX Privacy Policy (The "Policy")
ABIONYX and any of its subsidiaries including ABIONYX (together also referred to as “Company”, “we” or “our”) respects the relationships we have with our customers and respects the privacy of all individuals whose Personal Information may be processed by ABIONYX in the performance of our services and our business operations. This Privacy Policy supplements our Privacy Shield policy (available here and discussed below), to apply around the world. This Policy explains how ABIONYX collects, holds, uses and discloses Personal Information, including Personal Information of our personnel, consumers, healthcare professionals, patients, medical research subjects, clinical investigators, customers, suppliers, vendors, business partners and investors. ABIONYX intends that this corporate privacy policy and our implementing standard practices and procedures will support timely compliance with all international privacy laws and regulations around the world.
To demonstrate our commitment to the protection of Personal Information, including Personal Information transferred out of the European Economic Area (“EEA”) and Switzerland for the performance of our services and business operations, we adhere to the principles of the Privacy Shield Principles as certified by the EU-U.S. Privacy Shield Framework (“Privacy Shield”), as set forth by the U.S. Department of Commerce and the Federal Trade Commission. Further details of the Privacy Shield and the Privacy Shield Principles can be found on the website at https://www.privacyshield.gov. We also use model contractual clauses and other mechanisms approved by the European Union and Switzerland, respectively, for transfers of Personal Information from the EEA and Switzerland.
SCOPE
This Policy applies to all Personal Information of Individuals, either in electronic or paper format, received by ABIONYX, including Personal Information of Company Personnel, consumers, healthcare professionals, patients, medical research subjects, clinical investigators, CROs this including clinical research organizations and medical device research companies, medical device manufacturer or engineers, hospitals (public or private), continuum of care facilities, customers, suppliers, vendors, business partners and investors.
DEFINITIONS
For purposes of this Policy, the following definitions shall apply:
"Agent” means any third party that uses Personal Information provided to it by ABIONYX to perform tasks on behalf of and/or under the instructions of ABIONYX or to which ABIONYX discloses Personal Information for use on its behalf.
“European Economic Area” (EEA) means for the purposes of this Policy all countries within the European Union (EU) and Iceland, Liechtenstein, Norway.
“Individual” means any natural person.
“Personal Information” means any information or set of information about an identified or identifiable individual, including, but not limited to: (a) first name or initial and last name; (b) home or other physical address; (c) telephone number; (d) email address, opt in email or online identifier associated with the individual; (e) Social Security number or other similar identifier; or (f) any other information relating to an individual that is combined with any of the above this including image or intellectual property rights of the person. The term “Personal Information” does not include non-identified information or information that is reported in the aggregate (provided that such aggregated information is not identifiable to a natural person).
“Personnel” includes, but is not limited to, any employee (permanent or temporary), director, officer, contractor, worker, temporary worker, job applicant, retiree of ABIONYX and any and all of their respective dependents.
“Privacy Shield Principles” collectively means the seven (7) privacy principles, as well as the supplemental privacy principles and the associated guidance details of which can be found at https://www.privacyshield.gov.
“ABIONYX” means any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with ABIONYX, Inc. For purposes of this definition, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract or otherwise.
“Sensitive Personal Information” means Personal Information that reveals or is processed to uniquely identify a person:
All government-issued identification numbers (including U.S. Social Security numbers, EU Social Security numbers, Canadian Social Insurance numbers, driver’s license numbers, and passport numbers);
All financial account numbers (bank account numbers, credit card numbers, and other information if that information would permit access to a financial account);
Individual medical records, biomedical specimens, and biometric information, including any information on any worker or consumer’s health, disability, disease or product interests;
Reports of individual background checks;
Data elements revealing race, ethnicity, national origin, political opinion, religious or philosophical beliefs, trade union membership, genetic data, biometric data where processed to uniquely identify a person, any information that concerns medical or health conditions or sex life, or information relating to the commission of a criminal offense sex life or sexual orientation, and information relating to the commission of a criminal offense.
NOTICE
Where ABIONYX collects Personal Information directly from Individuals, it will explain the purposes for which it collects and uses Personal Information about the Individuals, the types of third parties to which ABIONYX discloses that information, and the choices and means, if any, ABIONYX offers Individuals options for limiting the use and disclosure of Personal Information about them. This explanation will be provided as soon as practicable and, in any event, before ABIONYX discloses the Personal Information or uses such information for a purpose materially different than that for which it was originally collected or processed. ABIONYX also will provide any additional information required by law for a specific context, product or service. In general, with exceptions and other lawful bases that may be relevant for any specific product or service notice, ABIONYX processes personal data for its legitimate interests consistent with applicable law. Where an ABIONYX entity receives Personal Information from another ABIONYX entity or other entities, including when acting as a Pharmaceutical or as a CRO as the case may be, or indirectly through services providers acting as CRO on ABIONYX behalf, processing Personal Information under the direction of a customer, it will use such information in accordance with the notices provided by such entities and the choices made by the Individuals to whom such Personal Information relates.
Types of Personal Information collected, Purposes of Collection and Uses of Personal Information:
Research Studies-Related Information. For Individuals participating in research studies being managed by ABIONYX, directly or indirectly, especially through service providers acting such as a CRO or through independent services providers acting as CRO on ABIONYX behalf, including patients, their spouses/partners, care givers, and relatives, clinical investigators or other study personnel, and other consultants, contractors, managers, and agents (who are natural persons) of the study sponsor and its corporate affiliates, business partners and third-party service providers, Personal Information may be used in order to carry out the applicable studies and other study-related services and/or pharmacovigilance. This may include the transfer of such Personal Information to the applicable study sponsor, its corporate affiliates, business partners and third-party service providers performing services related to the study (e.g., study data management, clinical research monitoring services, safety monitoring, etc.).
Human Resources-Related Information. For Individuals who are Personnel, we will process Personal Information to carry out and support our human resources functions and activities, including but not limited to, employment opportunities, Personnel recruitment and onboarding, administration of Personnel participation in benefits, compensation and human resources plans and programs, management of Personnel performance, and implementation, investigation and reporting on compliance and discipline procedures and matters. ABIONYX may provide Personal Information to Agents to support ABIONYX in performance of these human resources-related activities.
Customers and Program Participant Information. For Individuals sharing Personal Information with ABIONYX in order to inquire about or otherwise make use of our services or purchase, receive or seek information, including about any health care products and services, opportunities to participate in clinical research, health care education and patient support programs which may be available through ABIONYX, we will use such Personal Information in order to provide the requested information, products, and/or services. Such uses may include processing requested transactions, improving the quality of our services, sending communications about the products and services available through ABIONYX, and enabling our business partners and Agents to perform certain activities on our behalf.
ABIONYX may also use the Personal Information collected above to comply with our legal and regulatory obligations, policies and procedures, and for internal administrative purposes.
Email opt-in information (if, when applicable): By selecting opt-in for email or phone communication through our website or social platforms, the person agrees to be contacted via email or phone.
CHOICE
ABIONYX may offer Individuals the opportunity to choose whether their Personal Information is (a) to be disclosed to a third party, or (b) to be used for a purpose materially different from the purpose for which it was originally collected or subsequently authorized by the Individual.
ABIONYX will not process Sensitive Personal Information about Individuals for purposes other than those for which the information was originally obtained or subsequently authorized by the Individual unless the Individual explicitly consents to the processing (“opt-in”), or as required or permitted, or where not prohibited by law or regulation.
In some cases, even if an Individual opts-out of disclosures of their Personal Information, ABIONYX may still disclose such Personal Information (i) if required to do so by law, (ii) if disclosure is required to be made to law enforcement authorities, or (iii) if we believe disclosure is necessary or appropriate to prevent physical harm to an individual or financial loss or in connection with an investigation of suspected or actual illegal activity. ABIONYX also may transfer Personal Information when a material event concerning its business operation(s), assets or shares, such as purchase, disposal, merger, joint venture or acquisition, is proposed or occurs. In such an event, ABIONYX will endeavor to direct the transferee to use Personal Information in a manner that is consistent with this Policy. ABIONYX will provide Individuals with reasonable mechanisms to exercise their choices to the extent required by applicable law.
ACCOUNTABILITY FOR ONWARD TRANSFER
In the performance of our services and business operations, Personal Information we collect or receive may be stored or transferred internationally throughout our worldwide organization and to our service providers or agents, including for hosting our databases or provision of data processing services, in accordance with applicable data privacy laws. Transfers to third parties are covered by the provisions in this Policy regarding notice and choice.
ABIONYX may also share an Individual's Personal Information with Agents in connection with services that these individuals or entities perform for, or with, ABIONYX. ABIONYX may, for example, provide an Individual's Personal Information to Agents for hosting our databases, for data processing services, or to send to that Individual the information that he or she requested.
ABIONYX may transfer Personal Information for specified, limited purposes, to an Agent and will endeavor to obtain assurances that such Agent provides at least the same level of privacy protection as is required by the Privacy Shield Principles (where applicable) and this Policy and will notify ABIONYX if it makes a determination it can no longer meet this obligation.
Where ABIONYX knows that any third party to whom it has provided Personal Information is using or disclosing Personal Information in a manner contrary to this Policy, ABIONYX will take reasonable steps to prevent or stop the use or disclosure. With respect to such onward transfers to Agents, and to the extent ABIONYX is responsible for the event, ABIONYX shall remain liable should its Agents process Personal Information in a manner inconsistent with the Privacy Shield Principles (where applicable) and this Policy.
SECURITY
ABIONYX will employ reasonable and appropriate technical, administrative and physical safeguards designed to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Information ABIONYX is processing. We have a privacy incident response program designed to promptly respond to and escalate all privacy-related questions, complaints, concerns, including any potential privacy or security incident.
DATA INTEGRITY AND PURPOSE LIMITATION
ABIONYX endeavors to use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the Individual. ABIONYX will take reasonable steps designed to ensure that only Personal Information that is relevant to its intended use, accurate, complete, current, and otherwise reliable in relation to the purposes for which the information was obtained is used by ABIONYX for as long as ABIONYX retains possession of such information. ABIONYX’s Personnel have a responsibility to assist ABIONYX in maintaining accurate, complete and current Personal Information. When acting on direct basis as pharmaceutical research leader or as CRO as the case may be, or indirectly through services providers acting as CRO on ABIONYX behalf, ABIONYX endeavors only to process Personal Information that is relevant to the services it provides, and for purposes compatible with those for which the Personal Information was collected; wherever possible, such Personal Information is non-identified. Where ABIONYX processes Personal Information, ABIONYX works with such customers so that the customers can provide a way for Individuals to correct or update their Personal Information to the extent required by law.
ACCESS/CORRECTION
Under laws in certain countries in which we operate, individuals have a right to access Personal Information about themselves, and to amend, correct or delete Personal Information that is inaccurate, incomplete or outdated. ABIONYX will, on request, provide an Individual with confirmation regarding whether ABIONYX is processing Personal Information about them, consistent with applicable law. In addition, upon request of an Individual, ABIONYX may take reasonable steps to correct, amend, or delete their Personal Information that is found to be inaccurate, incomplete or processed in a manner non-compliant with this Policy or applicable law, except where the burden or expense of providing access would be disproportionate to the risks to that Individual’s privacy, where the rights of persons other than the Individual would be violated or where doing so is otherwise consistent with applicable law. Unless prohibited by applicable law, ABIONYX reserves the right to charge a reasonable fee to cover costs for providing copies of Personal Information requested by Individuals. ABIONYX, when acting as a Pharmaceutical or as CRO or through any service providers acting as CRO on its behalf, may have no direct relationship with medical research subjects participating in a clinical trial and any such Individuals who seek access, or who seek to correct, amend, or delete their inaccurate Personal Information should direct his or her query to the relevant study sponsor or investigator which has transferred such Personal Information to ABIONYX for processing.
Although ABIONYX makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which ABIONYX is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If ABIONYX determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, ABIONYX will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
Where otherwise permitted by applicable law, you may send an e-mail to
RECOURSE, ENFORCEMENT AND LIABILITY
ABIONYX encourages Individuals covered by this Policy to raise questions about the processing of Personal Information about them by contacting ABIONYX through the contact information provided below. Any Personnel that ABIONYX determines is in violation of this Policy will be subject to disciplinary action up to and including termination of employment, where applicable.
Any questions or concerns regarding the use or disclosure of Personal Information should also be directed to ABIONYX through the contact information given below. ABIONYX will undertake reasonable efforts to investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy.
If you are an EU or Swiss citizen and feel that ABIONYX is not abiding by the terms of this Policy, please contact ABIONYX at the contact information provided below. If any request remains unresolved, you may contact the national data protection authority for your EU Member State.
CONTACT INFORMATION:
Questions, comments, concerns or complaints regarding this Policy or ABIONYX’s processing of Personal Information should be submitted to the ABIONYX Chief Privacy Officer at
RESERVATION OF RIGHTS:
ABIONYX reserves the right to share an Individual’s Personal Information and contracts with Agents as required or authorized by law or regulation or in response to duly authorized information requests of government authorities.
CHANGES TO THE PRIVACY POLICY:
This Policy may be reviewed and amended from time to time, without advance notice, to ensure that an appropriate level of protection for Personal Information is maintained. All amendments will be posted on this website. Please check back periodically for updates to this Policy.
Online Privacy Policy
To protect your privacy, we provide this notice explaining our web site data collection practices.
At ABIONYX, we are strongly committed to protecting your privacy. You can navigate the majority of our Website without giving us any personal information about yourself. However, sometimes we need additional information about you in order to provide the information or services you are requesting.
Your privacy is important to us. To protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
This Privacy Policy (“Policy”) is incorporated by reference into the ABIONYX Terms and Conditions of Use (“Terms of Use”).
Scope
This Policy applies to Personal Information that is Processed by ABIONYX on ABIONYX websites (each a “Site”), mobile applications, and other online offerings (together with any and all future online offerings) operated by or on behalf of ABIONYX, (the “Services”). “Personal Information” is any information relating to an identified or identifiable natural person. This Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions.
Terms of Use
Terms
ABIONYX operates this Web site to provide online access to information about ABIONYX and the products, services, and opportunities we provide. Your access and use of this Web site are subject to the following terms and conditions and constitutes acceptance of these terms (“Terms of Use”). The Terms of Use are in addition to the General Terms of Delivery and General Terms and Conditions for Procurement of Services which are applicable mutatis mutandis. ABIONYX reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.
License and Access
You may use the Web site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Web site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about ABIONYX products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. ABIONYX reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by these Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Web site, except as expressly permitted by these Terms of Use.
Copyright
ABIONYX, its suppliers or the original creator of the Content own all copyrights to Content on the Web site and all other intellectual property rights related to the Web site. To the extent that ABIONYX has the right to do so without compensation to third parties and except for Content specifically provided under other terms, ABIONYX grants you permission to copy Content on the Web site solely for your non-commercial use in support of ABIONYX products. You agree that any copies of the Content shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without ABIONYX’s permission, "mirror" any Content contained on the Web site or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, or any other intellectual property right of ABIONYX or any third party.
Trademarks
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, and other properties (collectively the "Trademarks") displayed on the ABIONYX Web site are protected intellectual properties that are registered and unregistered trademarks of ABIONYX, its affiliates and others. Nothing contained on the ABIONYX Web site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Web site without the written permission of ABIONYX or such third party that may own the Trademark displayed on ABIONYX’s Web site. Your misuse of the Trademarks displayed on ABIONYX’s Web site, or any other content on ABIONYX’s Web site, except as provided herein, is strictly prohibited.
Privacy
See ABIONYX’s Online Privacy Statement.
Information Provided to ABIONYX
ABIONYX does not want you to, and you should not, send any confidential or proprietary information to ABIONYX via the Web site. Any submission by you to ABIONYX, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of ABIONYX. Furthermore, by your submission you grant ABIONYX an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. ABIONYX shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information
Electronic Communications
When you visit www.ABIONYX.com or send e-mail to us, you are communicating with us electronically. Accordingly, you explicitly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
ABIONYX MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE OR THE CONTENT. ABIONYX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEB SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEB SITE. ABIONYX DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. ABIONYX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Limitation of Liability
IN NO EVENT WILL ABIONYX BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEB SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE, OR THE CONTENT, EVEN IF ABIONYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ABIONYX'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED EUR 5.000.
Privacy Shield Policy
To demonstrate our commitment to the protection of Personal Information, we adhere to the principles of the Privacy Shield Principles as certified by the EU-U.S. Privacy Shield Framework. Our Privacy Shield Policy is available here.
This Policy applies to ABIONYX (referred to as “ABIONYX”, “Company”, “we” or “our”) when Personal Information is received from or about Individuals in the European Economic Area (“EEA”), in any format including electronic, paper or verbal. ABIONYX respects the relationships we have with our customers and respects the privacy of all Individuals whose Personal Information (see Definitions) may be processed by ABIONYX in the performance of our services and our business operations. To demonstrate our commitment to the protection of Personal Information, including Personal Information transferred out of the EEA and Switzerland for the performance of our services and business operations in the United States, we adhere to the principles of the Privacy Shield Principles as certified by the EU‐U.S. Privacy Shield Framework (“Privacy Shield"), as set forth by the U.S. Department of Commerce and the Federal Trade Commission. Further details of the Privacy Shield and the Privacy Shield Principles can be found on the website at https://www.privacyshield.gov. We also use model contractual clauses and other mechanisms approved by the European Union and Switzerland, respectively, for certain transfers of Personal Information to the United States from the EEA and Switzerland.
SCOPE:
This Policy applies to all Personal Information of Individuals received by ABIONYX in the U.S. from the EEA or Switzerland, including Personal Information of consumers, healthcare professionals, patients, medical research subjects, clinical investigators, customers, suppliers, vendors, job applicants, business contacts and partners, investors, and government officials. Further information concerning how ABIONYX collects, uses, shares and safeguards the Personal Information of Company Personnel is available in ABIONYX’s internal privacy policy.
This Policy will help you understand how ABIONYX collects, uses, shares and safeguards Individuals’ Personal Information, and how, in certain circumstances, you can elect whether or not to allow your Personal Information to be used or shared. ABIONYX endeavors to collect, use and disclose Personal Information in a manner consistent with the laws of countries in which it does business, and also has a tradition of upholding the highest ethical standards in its business practices.
LIMITATIONS ON SCOPE:
Adherence to the Privacy Shield Principles may be limited (i) to the extent required or allowed by applicable law, rule or regulation; (ii) to the extent necessary to respond to lawful requests by public authorities, including to meet national security, law enforcement, legal or governmental requirements; and/or (iii) to protect the health or safety of an Individual. Also, this Policy may not apply or may be limited when Personal Information is collected or processed by the following:
ABIONYX, under an agreement that contains the requisite Model Contract Clauses approved by the European Commission with respect to the Personal Information;
ABIONYX, when necessary for the performance of a contract (e.g., an employment contract) between an Individual and ABIONYX; or
Any ABIONYX affiliate, successor, subsidiary, business division or group that makes a separate certification to Privacy Shield, whether or not such certification covers only part of or all types of Personal Information in scope of this Policy.
DEFINITIONS:
For purposes of this Policy, the following definitions shall apply:
“Agent” means any third party that uses Personal Information provided to it by ABIONYX to perform tasks on behalf of and/or under the instructions of ABIONYX or to which ABIONYX discloses Personal Information for use on its behalf.
“European Economic Area” (EEA) means for the purposes of this Policy which is composed of the following thirty‐one (31) countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and United Kingdom.
“Individual” means any natural person located in the EEA or Switzerland whose Personal Information is shared with ABIONYX in the United States.
“Personal Information” means any information or set of information about an identified or identifiable individual, including, but not limited to: (a) first name or initial and last name; (b) home or other physical address; (c) telephone number; (d) email address or online identifier associated with the individual; (e) Social Security number or other similar identifier; (f) employment, financial or health information; or (g) any other information relating to an individual that is combined with any of the above. The term “Personal Information” does not include non‐identified information or information that is reported in the aggregate (provided that such aggregated information is not identifiable to a natural person) and publicly available information that has not been combined with non‐public personal information.
“Personnel” includes, but is not limited to, any employee (permanent or temporary), director, officer, contractor, worker, temporary worker, job applicant, retiree of ABIONYX and any and all of their respective dependents.
“Privacy Shield Principles” collectively means the seven (7) privacy principles, as well as the supplemental privacy principles and the associated guidance, details of which can be found at https://www.privacyshield.gov.
“Sensitive Personal Information” means Personal Information subject to specified extra protection under the EU Data Protection Directive of 95/46/EC, the European Union General Data Protection Regulation or any superseding legislation, such as race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data where Processed to uniquely identify a person, or that concerns medical or health conditions or sex life. In addition, ABIONYX will treat as Sensitive Personal Information any information received from an employee or third party where that employee or third party treats and identifies the information as sensitive.
Capitalized terms not defined above have the definitions set forth in the respective paragraphs of this Policy.
NOTICE
Where ABIONYX collects Personal Information directly from Individuals, it will explain the purposes for which it collects and uses Personal Information about the Individuals, the types of third parties to which ABIONYX discloses that information, and the choices and means, if any, ABIONYX offers Individuals for limiting the use and disclosure of Personal Information about them. Notice will be provided in clear and conspicuous language. This explanation will be provided as soon as practicable and, in any event, before ABIONYX discloses the Personal Information or uses such information for a purpose materially different than that for which it was originally collected or processed. Where ABIONYX receives Personal Information from its subsidiaries, affiliates or other entities, including when acting as a Contract Research Organization (CRO) itself or through services providers acting on its behalf, processing Personal Information under the direction of a customer, it will use such information in accordance with the notices provided by such entities and the choices made by the Individuals to whom such Personal Information relates.
In circumstances in which ABIONYX obtains personal data as a service provider for its clients or affiliates, ABIONYX’s clients or affiliates are responsible for providing appropriate notice to the Individuals whose personal data are transferred to the U.S. and obtaining any requisite consent (unless this function has been delegated to ABIONYX).
Types of Personal Information collected, Purposes of Collection and Uses of Personal Information:
Research Studies-Related Information. For Individuals participating in research studies being managed or supervised by ABIONYX (as a CRO or through service providers acting as CRO on ABIONYX behalf) or in other situations where ABIONYX is participating in research studies, including patients, their spouses/partners, care givers, and relatives, clinical investigators or other study personnel, and other consultants, contractors, managers, and agents (who are natural persons) of the study sponsor and its corporate affiliates, business partners and third‐party service providers, Personal Information may be used in order to carry out the applicable studies and other study‐related services and/or pharmacovigilance. This may include the transfer of such Personal Information to the applicable study sponsor, its corporate affiliates, business partners and third‐party service providers performing services related to the study (e.g., study data management, clinical research monitoring services, safety monitoring, etc.).
Human Resources-Related Information. For Individuals who are Personnel, we will process Personal Information to carry out and support our human resources functions and activities, including but not limited to, (i) evaluation of qualifications for an employment position; (ii) provision of employment benefits; (iii) administration and management of employees, compensation, stock options, grants and purchase plans, bonuses, retirement, training, and career planning; (iv) utilizing employee skills and ongoing employee resource allocation; (v) communicating with employees or their emergency contacts; (vi) administration of the company's business including budgeting, manpower planning, and organizational design; (vii) authentication of the individual's identity when gaining access to computer system applications; (viii) Personal Information data changes; (ix) employment status changes; (x) travel and expense planning and reimbursement; and (xi) evaluation of employee performance and time management; and (xi) management of Personnel performance, and implementation, investigation and reporting on compliance and discipline procedures and matters. ABIONYX may provide Personal Information to Agents to support ABIONYX in performance of these human resources‐related activities. Further information concerning how ABIONYX collects, uses, shares and safeguards the Personal Information of Company Personnel is available to ABIONYX Company Personnel in ABIONYX’s internal privacy policy. In addition, for job applicants, Personal Information will be used for the evaluation of suitability of the applicant for a position. ABIONYX may, under its discretion and with the consent of the candidate where required by law or otherwise obtained, perform such background checks as deemed appropriate to evaluate this suitability.
Business Contacts. For Individuals who are business contacts of ABIONYX, ABIONYX may collect personal information concerning contact information for such business contacts. This information may be used for purposes consistent with the provision of information by these contacts, which may include marketing activities focused on sales of new products and services, requests to participate in market research that enhance ABIONYX’s product offerings and other business activities.
Health Care Professionals. ABIONYX collects information about health care professionals directly from the health care professionals, from public sources and from business partners. We use this information in connection with various health care activities, including clinical trials, real world studies of patient treatment, health care outcomes analysis, market research activities, and other situations where primary intelligence from health care professionals is applicable.
Customers and Program Participant Information. For Individuals sharing Personal Information with ABIONYX in order to inquire about or otherwise make use of our services or purchase, receive or seek information, including about any health care products and services, opportunities to participate in clinical research, health care education and patient support programs which may be available through ABIONYX, we will use such Personal Information in order to provide the requested information, products, and/or services. Such uses may include but is not limited to processing requested transactions, improving the quality of our services, sending communications about the products and services available through ABIONYX, and enabling our business partners and Agents to perform certain activities on our behalf.
Data Analytics Functions. In certain situations, ABIONYX obtains and processes information about Individuals for various data analytics purposes. In most situations, this data has been anonymized or de‐identified and is no longer Personal Information when it is obtained by ABIONYX (or when it is transferred to the United States). In some situations, ABIONYX receives Personal Information from a customer or other data supplier for the purpose of such anonymization or de‐identification. In other situations, the data that is obtained and processed by ABIONYX is pseudonymous. This pseudonymous information may be used for research purposes, primarily in connection with academic partners, with academia, and may be transferred by ABIONYX to the United States as part of these research-related activities. For all of these situations, ABIONYX’s activities are consistent with the notice and choice provided by these customers or data suppliers to Individuals, and ABIONYX’s use of this information is consistent with ABIONYX’s obligation to provide services to these entities. In those situations, and where such information is transferred to the United States, ABIONYX uses such information only in manners consistent with the Privacy Shield Principles and the manner in which this data was obtained.
ABIONYX may also use the Personal Information collected above to comply with our legal and regulatory obligations, policies and procedures, and for internal administrative purposes.
CHOICE
ABIONYX will offer Individuals the opportunity, where practical and appropriate, to choose (optout) whether their Personal Information is (a) to be disclosed to a non‐agent third party, or (b) to be used for a purpose materially different from the purpose for which it was originally collected or subsequently authorized by the Individual.
ABIONYX will not process Sensitive Personal Information about Individuals for purposes other than those for which the information was originally obtained or subsequently authorized by the Individual unless the Individual explicitly consents to the processing (“opt‐in”), or as required or permitted, or where not prohibited by law or regulation.
In some cases, even if an Individual opts‐out of disclosures of their Personal Information, ABIONYX may still disclose such Personal Information (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation; (iv) to enforce ABIONYX policies or contracts; (v) to collect amounts owed to ABIONYX; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) in the good faith believe that disclosure is otherwise necessary or advisable. ABIONYX also may transfer Personal Information when a material event concerning its business operation(s), assets or shares, such as purchase, disposal, merger, joint venture or acquisition, is proposed or occurs. In such an event, ABIONYX will endeavor to direct the transferee to use Personal Information in a manner that is consistent with this Policy. ABIONYX will provide Individuals with reasonable mechanisms to exercise their choices to the extent required by applicable law.
ONWARD TRANSFER
In most situations, transfers to third parties are covered by the provisions in this Policy regarding notice and choice.
ABIONYX does not sell or otherwise disclose Individuals’ Personal Information, except as described in this Privacy Policy or in a notice provided to Individuals at the time of collection, or as Individuals explicitly consent. ABIONYX may share Individuals’ Personal Information with our service providers, consultants and affiliates for our and our affiliates’ internal business purposes or to provide Individuals with a requested service.
ABIONYX will endeavor to only transfer Personal Information to a third party/Agent where such third party/Agent has given assurances that it provides at least the same level of privacy protection as required by the Privacy Shield Principles and this Policy and will notify ABIONYX if it makes a determination it can no longer meet this obligation. ABIONYX may, for example, provide an Individual's Personal Information to Agents to host our databases, for data processing services, or to send to that Individual the information that he or she requested. Where ABIONYX has knowledge that an Agent is using or disclosing Personal Information in a manner contrary to the Privacy Shield Principles and/or this Policy, ABIONYX will take reasonable steps to prevent or stop the use or disclosure. With respect to onward transfers to Agents, Privacy Shield requires that, to the extent it is responsible for the event, ABIONYX shall remain liable should its Agents Process Personal Information in a manner inconsistent with the Privacy Shield Principles, and ABIONYX accepts and shall follow this principle.
Where ABIONYX knows that any third party to whom it has provided Personal Information is using or disclosing Personal Information in a manner contrary to this Policy and/or the Privacy Shield Principles, ABIONYX will take reasonable steps to prevent or stop the use or disclosure. With respect to such onward transfers to Agents, and to the extent ABIONYX is responsible for the event, ABIONYX shall remain liable should its Agents process Personal Information in a manner inconsistent with the Privacy Shield Principles and this Policy.
In circumstances in which ABIONYX obtains personal data as a service provider for its clients or affiliates, ABIONYX’s clients or affiliates are responsible for protecting individual rights with respect to onward transfers.
SECURITY
ABIONYX will endeavor to take reasonable and appropriate technical, administrative and physical precautions designed to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Information ABIONYX is processing, and regardless of whether such Personal Information is in electronic or tangible, hard copy form.
DATA INTEGRITY AND PURPOSE LIMITATION
ABIONYX endeavors to use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the Individual. ABIONYX will take reasonable steps designed to ensure that only Personal Information that is relevant to its intended use, accurate, complete, current, and otherwise reliable in relation to the purposes for which the information was obtained is used by ABIONYX for as long as ABIONYX retains possession of such information. ABIONYX’s Personnel have a responsibility to assist ABIONYX in maintaining accurate, complete and current Personal Information. When acting as a CRO or in other situations where ABIONYX acts on behalf of another entity, ABIONYX endeavors only to process Personal Information that is relevant to the services it provides, and only for purposes compatible with those for which the Personal Information was collected. Where ABIONYX processes Personal Information, ABIONYX works with such customers so that the customers can provide a way for Individuals to correct or update their Personal Information.
ACCESS
ABIONYX will, on request, provide an Individual with confirmation regarding whether ABIONYX is processing Personal Information about them. In addition, upon request of an Individual, ABIONYX will take reasonable steps to correct, amend, or delete their Personal Information that is found to be inaccurate, incomplete or processed in a manner non‐compliant with this Policy or the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to that Individual’s privacy, where the rights of persons other than the Individual would be violated or where doing so is otherwise consistent with Privacy Shield Principles. Unless prohibited by applicable law, ABIONYX reserves the right to charge a reasonable fee to cover costs for providing copies of Personal Information requested by Individuals. ABIONYX has no direct relationship with medical research subjects participating in a clinical trial and any such Individuals who seek access, or who seek to correct, amend, or delete their inaccurate Personal Information should direct his or her query to the relevant study sponsor or investigator which has transferred such Personal Information to ABIONYX for processing.
In circumstances in which ABIONYX maintains personal data as a service provider for its clients or affiliates, ABIONYX ’s clients or affiliates are responsible for providing Individuals with access to their personal data and the right to correct, amend or delete the data where it is inaccurate. In these circumstances, Individuals should direct their questions to the appropriate ABIONYX client or affiliate. If they do not receive a response, ABIONYX will provide reasonable assistance in forwarding the Individual’s request.
RECOURSE, ENFORCEMENT AND LIABILITY
ABIONYX encourages Individuals covered by this Policy to raise questions about the processing of Personal Information about them by contacting ABIONYX through the contact information provided below. Any Personnel that ABIONYX determines is in violation of the Privacy Shield Principles and/or this Policy will be subject to disciplinary action up to and including termination of employment, where applicable, in accordance with ABIONYX’s disciplinary procedures.
In accordance with the Privacy Shield Principles, ABIONYX commits to resolve complaints about Individuals’ collection or use of your Personal Information. Any Individuals with inquiries or complaints regarding this Policy or the use or disclosure of Personal Information in accordance with the Privacy Shield Principles should first contact ABIONYX using the contact information given below. ABIONYX will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles contained in this Policy. In addition, ABIONYX has further committed to cooperate with the panel established by the EU data protection authorities (“DPAs”) and comply with the advice given by the panel with respect to unresolved Privacy Shield complaints related to Individuals’ human resources data transferred from the EEA in the context of the employment relationship. ABIONYX commits to cooperate with the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from Switzerland in the context of the employment relationship. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs or Swiss FDPIC, as applicable, for more information or to file a complaint. The services of EU DPAs and Swiss FDPIC are provided at no cost to Individuals. If any request remains unresolved, Individuals may, under certain circumstances, have a right to invoke binding arbitration under Privacy Shield; for additional information, see https://www.privacyshield.gov. The Federal Trade Commission has jurisdiction over ABIONYX’ compliance with the Privacy Shield Principles.
In circumstances in which ABIONYX obtained or maintains Personal Information as a CRO or through service provider acting as CRO on ABIONYX behalf, Individuals may submit complaints concerning the processing of their Personal Information to the relevant client, in accordance with the client’s dispute resolution process. ABIONYX will participate in this process at the request of the client or the Individual. ABIONYX will take steps to remedy any issues arising out of potential failure to comply with the Privacy Shield Principles.
CONTACT INFORMATION:
Questions, comments, concerns or complaints regarding this Policy or ABIONYX's processing of Personal Information should be submitted to ABIONYX by email at
RESERVATION OF RIGHTS: ABIONYX reserves the right to share an Individual’s Personal Information and contracts with Agents as required or authorized by law or regulation or in response to duly authorized information requests of government authorities.
CHANGES TO THE PRIVACY POLICY: This Policy may be reviewed and amended from time to time, without advance notice, to ensure that an appropriate level of protection for Personal Information is maintained. All amendments will be posted on this website. Please check back periodically for updates to this Policy.
GDPR at ABIONYX
Here you can find information related to the new data protection rules in the European Union (EU) known as the General Data Protection Regulation (GDPR) and the steps we are taking to ensure timely compliance with those rules.
At ABIONYX, we have always been committed to protecting data privacy to support our customers and partners. Our commitment to handling data meticulously with a robust respect for privacy is at the core of what we do, so we were well positioned to embrace the EU General Data Protection Regulation (GDPR) from 25 May 2018.
It was our focus on privacy and data protection that led us to closely follow the development of the regulation, well in advance of GDPR being enacted. We have followed the progress of member state GDPR implementation laws and guidance throughout all our preparations for GDPR. This knowledge has been applied to ABIONYX business operations where we are handling personal data within the scope of GDPR.
Our customers and partners can be confident that our operational policies and processes are not only GDPR-ready but also supportive of their requirements.
If you have any questions or would like more information on our commitment to privacy, please contact us at
Last updated on MAY 5th 2022