Data Protection Statement for Business Contacts

Data protection information for commercial prospects, clients, vendors and interested business contacts

Last updated September 2023, previous version

As a valued commercial prospect, client, vendor, interested business contact or otherwise representative of an organization we interact with (“business contact”), Fresenius Kabi SwissBioSim GmbH (“we”) will collect and use certain personal data from you.

This data protection statement informs you about the processing of personal data in connection with your relationship with us as business contact.

Please be aware that we also may process your personal data in other contexts, e.g. when you visit our website, when you interact with us in your capacity as a healthcare professional, if you report an adverse reaction or if you submit a data subject request. Please see the specific information on the processing of your personal data in such situations.

Why We Collect and Use Your Data

Depending on the business contact we have with you and/or the company you are working for, we collect and use your data for the following purposes:

• Asses a potential business relationship and/or maintaining our business relationship with you or the company you are working for (including customer relationship management, supplier management, investor relations management)
• Vendor assessment and qualification (e.g., whether you and your organization meet certain quality and certification requirements)
• Procurement of products and services from you or the company you are working for
• Exchange of information related to existing contracts or possible contracts with you or the company you are working for
• Fulfill our contract with the company you are working for, including the enforcement of any rights we may have under such contract
• Fulfillment of compliance requirements related to a business transaction (e.g. conflict checks, business partner due diligence, sanction list screening, anti-money laundering laws, secure supply chain requirements, customs and export law requirements, tracing requirements for products)
• Manufacture, sell, provide and deliver products and services
• Marketing (e.g., informing you about products and services or related information)
• Assess and categorize which specific business needs match best with your abilities (e.g. when we look for a key opinion leader in a certain field or for specific products, the extent you belong to the group of scientific input providers, based on scientific or professional experience) or if you can, in your professional capacity, influence the use, purchase, ordering, prescribing or recommendation of Fresenius Kabi products, or affect tender decisions, formulary placement, award status or other preferential or qualifying status of Fresenius Kabi products in accordance with applicable law
• Collection of payments due to us including the re-financing of debts
• Assess your company’s financial solvency and credit risk
• Assess potential investments in Fresenius shares, a potential acquisition, divestiture or joint venture transaction with us or any Fresenius Kabi affiliate
• Improve our products and services
• Organize, secure and improve internal processes including communication, administration, research and IT
• Facilitate mergers, acquisitions and re-organizations

What Data We Collect and How We Do That

We may collect and use your personal data in the following situations:

Information you provide to us

We collect your personal data when you contact us, order our products and services or enter into a contract with us for the supply of goods and services. Such personal data include:

• First and last name
• Gender
• Contact and address information, including address, e-mail address, phone number, fax number
• Country of residence
• Role and function in your organization
• Your areas of expertise
• Your profession and qualifications
• Information on the kind of a relationship you have with Fresenius Kabi
• Employer name and employer address
• Contact preferences

Information we collect from other organizations

Furthermore, we process data that is provided to us by contracted service providers, by competent authorities or obtained from publicly accessible trade registers or trade associations and other publicly available sources, including rating agencies, financial solvency and risk information and financial service agencies and institutions, government or supranational agencies, in particular tender authorities or procurement agencies, data brokers, websites, blogs and printed media.

Such personal data include:

• First and last name
• Contact and address information (including address, e-mail address, phone number, fax number)
• Your company’s bank accounts
• Your profession and qualifications
• Professional identifiers
• Organizational details, affiliation details of your company
• Certifications and quality statements issued by your company’s officers, representatives or auditors
• Percentage of shares held
• Details related to public filings, trade registers and professional boards
• Details related to published transactions of your company including tenders and financial arrangements
• Previous interactions with Fresenius Kabi and any of our subsidiaries

Legal Basis for Processing Your Data

Depending on the business contact we have with you and the purposes we collect and use your data, we process your personal data on one or more of the following legal bases:

• The processing of your personal data is necessary for the performance of a contract (to be) concluded between you and us (Art. 6.1 b GDPR, art. 17.1(b) et 31.2(a) FADP)
• The processing of your personal data is necessary for us to comply with a legal obligation we are subject to (Art. 6.1 c GDPR, Art. 31.1 FADP). More specifically we are obliged to comply with laws on anti-money laundering, customs and export, secure supply chain requirements, product tracing requirements, statutory disclosure and notification requirements or similar compliance requirements that might require us to process certain of your personal data
• The processing might be necessary for purposes of the legitimate (overriding) interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data (Art. 6.1 f GDPR, Art. 31.2 FADP). These legitimate interests are:
  • Investigate your interests for a potential business relationship and/or maintaining our business relationship with you or the company you are working
  • Fulfilling our contract with the company you are working for, including the enforcement of any rights we may have under such contract
  • Gather information on knowledge management related to internal processes, products and services
  • Development, optimization and improvement of our products and services
  • Optimization of internal communication
  • Optimization of administration
  • Carrying out research work
  • Organizational management
  • Risk Management: safeguarding against e.g. financial / reputational risks
  • Maintenance of the IT infrastructure, IT security, guarantee of IT support and the detection and correction of errors
  • Complying with legal requirements outside the EEA
  • Establishment, exercise or defense of legal claims
• Establishment, exercise or defense of legal claims (Art. 9.2 f GDPR, Art. 31.1 FADP)
  You can always withdraw your consent. You can withdraw your consent to all processing or for individual purposes of your choice. The withdrawal of consent will not affect the lawfulness of processing based on your consent before the withdrawal. You can withdraw your consent by sending an email to dataprotectionofficer@fresenius-kabi.com.

We Share Your Data

We collaborate with other organizations to achieve our purposes. Therefore, we may send your personal data in parts or as a whole to other entities.

Recipients are:

• Other Fresenius Group companies if such a transfer of personal data is required for the specific purpose (please refer to the overview of the locations in which Fresenius Kabi Group companies are active)
• Service providers who process personal data on our behalf (such as IT-service providers who host the data or provide maintenance services) and have to follow our instructions on such processing. These service providers will not be allowed to use your personal data for other than our purposes
• Authorities, courts, parties in a litigation, or their delegated bodies (domestic or foreign), in case we are required to do so to meet any applicable law, regulation, legal process or enforceable governmental request, such as tax and customs authorities, and financial market authorities (Art. 17.1(c), Art. 31.1 FADP)
• Professional advisors or auditors such as tax advisors, financial auditors, lawyers, insurers, banks and other external professional advisors in the countries we operate in
• Professional data and analytics providers such as IQVIA, Veeva, CDQ and Acxiom
• Another entity in the event of a change in ownership, a merger with, acquisition by, or sale of assets

International data transfers

We may send your personal data in parts or as a whole to Fresenius Group recipients, our service providers or other international organizations in countries, which are neither member states of the European Union nor Switzerland, for the purposes listed above. Please refer to the overview of the locations in which Fresenius Kabi Group companies are active.

We may send data to the following countries for which the European Commission / Swiss Federal Data Protection and Information Commissioner (FDPIC) has determined an adequate level of data protection to be in place that matches the level of data protection within the European Union / Switzerland for the following countries / international organizations in which Fresenius entities are located: Argentina, Canada, Japan, New Zealand, Switzerland, United Kingdom or Uruguay.

With regards to such international data transfers to third countries, for which the European Commission / FDPIC has not decided that an adequate level of data protection exists, we have provided appropriate safeguards in order to secure your personal data to a degree that equals the level of data protection in the European Union. These safeguards are:

• For the exchange of data within our company: our Binding Corporate Rules for Controllers
• For the exchange of data with our service providers and other international organizations: Standard Contractual Clauses that have been issued by the European Commission and recognized by FDPIC.

You can obtain a copy of these Standard Contractual Clauses and our Binding Corporate Rules, online, or upon request.

How Long We Retain Your Data

Generally, we store your personal data for one of the following periods of time:

• As long as we have a duty to retain the data in line with applicable laws (e.g. because we are obliged to store the data for tax purposes)
• If there is no legal retention applicable, at least for the term of the contractual relationship with you or the company you are working for
• If we have a legitimate interest to process your personal data outside of such a contractual relationship, we process it for as long as we still have a legitimate interest in processing this data. The exact period depends on the company you are working for and your position in the company

Requests, Inquiries and Complaints

Depending on the situation, you have certain rights regarding your personal data. You have the right to:

• Request access to your personal data
• Request rectification of your personal data
• Request erasure of your personal data
• Request the restriction of processing of your personal data
• Data portability
• Object on grounds specific to your situation

You can exercise these rights online by using the data protection contact form.
You also have the right to lodge a complaint with our data protection officer or the supervisory authority.

Data Protection Officer:
Fresenius Kabi AG
Data Protection Officer
Else-Kröner-Straße 1
61352 Bad Homburg
Germany
E-mail: dataprotectionofficer@fresenius-kabi.com

Data Protection Authority in the EU:
Der Hessische Beauftragte für Datenschutz und Informationsfreiheit
Presse- und Öffentlichkeitsarbeit
Gustav-Stresemann-Ring 1
65189 Wiesbaden

Data Protection Authority in Switzerland:
Préposé fédéral à la protection des données et à la transparence (PFPDT)
Feldeggweg 1
CH - 3003 Berne

Further Information for Specific Situations

Requirements to provide personal data

You may need to provide your personal data to us for the purpose of fulfilling a contract with you or the company you are working for, e.g. we might require your contact details if you are our business contact at a supplier. If you fail to provide your personal data, we might not be able to enter into the respective contractual relationship.

Automated decision making

An automated decision making (Art. 22 GDPR, art. 21 et 25.2(f) FADP) occurs according to our obligation to conduct a sanction-control-procedure. This is also necessary for entering into, or performance of, a contract between you and us. The consequence of this can be the refusal to enter into a contractual relationship with you.

Changes to this data protection statement

As our collection and use of your data may change over time, we may also modify this data protection statement to always correctly reflect our data processing practices. We encourage you to review it from time to time.

Controller and Contact

The controller and responsible entity for processing your personal data is the Fresenius Kabi legal entity contracting with you or otherwise:

Fresenius Kabi SwissBioSim GmbH
Terre Bonne Business Park
Route de Crassier 23 – Bâtiment A3
CH – 1262 Eysins
Contact: LDPA.swissbiosim@fresenius-kabi.com

Our representative in the European Union:
Fresenius Kabi Deutschland GmbH
Else-Kröner-Straße 1
61352 Bad Homburg
Germany
Contact