Data Protection Statement for Healthcare Professionals (October 2022)

Data protection information for healthcare professionals providing a service or otherwise interacting with us

Last updated October 2022, previous version

As a healthcare professional (“HCP”) providing a service or otherwise interacting with Fresenius Kabi SwissBioSim GmbH (“we”), 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 HCP.

Please be aware that we also may process your personal data in other contexts, e.g. when you visit our website, when you are a business contact for products or services, 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

We collect and use your data for the following purposes:

• Execute the contract with you, including payment transfers
• Maintain a database of HCPs with whom we already collaborated and/or may collaborate in the future
• Contact management and communicating with you
• 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
• Best practice sharing
• Fulfillment of our compliance requirements, such as those stemming from anti-corruption laws, anti-money laundering laws and other laws on economic crime, regulatory and pharmacovigilance and medicines laws, as well as disclosure requirements resulting from applicable laws and self-regulatory codes of conduct as a result of our membership in trade associations

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 depending on the different types of interaction you have with us. Such personal data includes:

• First and last name
• Gender
• Contact and address information, including address, e-mail address, phone number, fax number
• Country of residence
• Curriculum vitae information, including information on your professional experience, your engagement with us and other companies, events you attended, publications
• Pictures of you
• Audio-visual recordings of your voice, appearance and statements, if a presentation of yours is recorded
• Your areas of expertise and your areas of professional interest as an HCP
• Information on payments made and benefits granted to you
• Your bank account number
• Your tax identification number
• Contract entered between you and us
• Payments made, or benefits granted to you

Information we collect from publicly available sources

Before we enter in an interaction with you, we may collect information about you and your professional experience from publicly available sources, such as the internet, social media platforms, sanction lists and other online and print publications.

Such data includes:

• First and last name
• Curriculum vitae information, including information on your professional experience, your engagement with other companies, events you attended, publications etc.
• Business address
• Pictures and audio-visual recordings of you

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)
• The processing of your personal data is necessary for us in order to comply with a legal obligation we are subject to (Art. 6.1 c GDPR). More specifically we are obliged to comply with national and, if applicable, international laws and regulations relating to the fight against corruption, anti-money laundering anti-terrorism financing and other economic crime. We have to assess the appropriateness of the remuneration and other payments made and other support granted to you and are subject to certain documentation, publication and reporting obligations and therefore, can be obliged to disclose the remuneration paid or other support in kind availed to you as a speaker or other service provider, to your employer or to competent regulatory authorities, criminal prosecutors and other recipients responsible for the implementation of transparency rules upon request, or make such payments and in kind support available publicly. This includes particularly documentation, disclosure and reporting obligations in connection with medicines, medical devices and healthcare regulations, transparency laws, laws on anti-money laundering and self-regulatory regimes such as industry and patient codes
• The processing is necessary for purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data (Art. 6.1 f, GDPR). These legitimate interests are:
  • Maintenance of a database that contains all HCPs with whom we already collaborated or may collaborate in the future, to manage the interactions with you and other HCPs
  • Establishment, exercise or defense of legal claims
• You have given us your consent for the intended processing of your personal data (Art. 6.1 a GDPR)

You can withdraw your consent at any time. 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 organizations.

This applies particularly to payment and other financial data and contract data that will be accessible only to a very limited number of recipients who have a need to know the data for the fulfillment of their tasks, subject to any disclosure obligations.

Such recipients are:

• Other Fresenius Group companies if such a transfer of personal data is required for the specific purpose, or that may be interested in working with you (please refer to the overview of the locations in which Fresenius Kabi Group companies are active)
• Service providers which process personal data on our behalf (e.g. for hosting or 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
• Competent regulatory authorities, criminal prosecutors and other recipients responsible for the implementation of transparency rules as well as criminal laws and administrative laws
• Authorities, courts, parties in a litigation to the extent required to meet any applicable law, regulation, legal process or enforceable governmental request
• The general public, to the extent we are obliged to publicly disclose payments made to you and other benefits provided to you, e.g. meals, travel and lodging as well as other hospitality. Where there is no statutory legal basis for public disclosure including the identity of the recipient, you may choose to withhold your consent to such disclosure, and we would then disclose the payments and benefits on an anonymous aggregated basis
• Professional advisors or auditors, such as tax advisors, financial auditors, lawyers, insurers, banks and other external professional advisors in the countries in which we operate

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 not member states of the European Union, 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 has determined an adequate level of data protection to be in place that matches the level of data protection within the European Union in which Fresenius entities are established: 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 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. Safeguards used 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

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

The personal data related to your interactions with us will be deleted ten years after the completion of the last interaction with you, unless we are legally required to retain the data.

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

Your personal data is required to enter into the respective interaction with you. If you do not provide your personal data, we may be required to refrain from entering into an interaction with you, as we could be unable to meet our due diligence and disclosure requirements under applicable laws and self-regulatory codes.

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 of personal data is:

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