Privacy statement for ABPI Code-Relevant Contracts
This Privacy Statement applies to you as a Contract Partner and, if applicable, your employees providing Services under the Agreement with Bayer. Bayer wishes to provide you with information on the processing of your personal data.
This privacy statement covers all use of your personal data connected with this Agreement, including for the disclosure of transfer of value. For background, as a member of the Association of the British Pharmaceutical Industry (“ABPI”), Bayer is obliged to adhere to the ABPI Code of Practice (“ABPI Code”), which requires us to publicly disclose certain details about “Transfers of Value” or “ToV” (payments, whether financial or in-kind, which are made, directly or indirectly, to any UK-based healthcare professional). Such disclosures can be made on an aggregate basis, however the ABPI, the industry and healthcare professionals alike want these disclosures to be made on an individual named basis to improve transparency and trust in the industry.
Below we explain to you the purposes and related categories of personal data that we process, as data controller, in connection with this Agreement and any ToVs made to you.
1. How we collect your data
We collect your data in the course of setting up and administering this Agreement, including making any payment to you relating to the Agreement.
2. What data is processed and for what purposes?
Bayer processes personal data for the following purposes:
- a) Conclude and perform the obligations under the Agreement:
Contact information (title, name, mailing address, email address, telephone number), bank account data, fields of expertise, contractual activities for Bayer and affiliates as well as remuneration - b) maintain databases for client relationship management for healthcare professionals and other scientists:
Contact information (title, name, mailing address, email address, telephone number), bank account data, fields of expertise, contractual activities for Bayer and affiliates as well as remuneration - c) Images and/or audio material
If applicable: images, video and/or audio material of you (hereinafter referred to as Video) taken as part of the performance of the Agreement and for the purposes as described therein. - d) Central Record of transfers of value
For the purpose of being able to comply with the ABPI Code, we maintain an internal central record of all ToVs made to healthcare professionals. We extract the following categories of Personal Data from our local and global booking systems or from third parties (for example, travel agents) which provide ToVs to you on our behalf, and store them in a central database which is operated by the Bayer Group parent company, Bayer AG:
• “Master Personal Data”: your name, address of primary practice, contact details and (if applicable) any kind of official unique personal identifier;
• “Transfer of Value Data” or “ToV Data”: The precise amount and purpose of any transfer of value which we or any other company of the Bayer Group provided to you. This includes, but is not limited to, the following Transfers of Value:
o Invitation to scientific events, including conference/ registration fees as well as related travel and accommodation expenses;
o Payment for contractual services, including speaker fees, participation in advisory boards as well as related travel and accommodation expenses; and
o Research and development, especially relating to studies, clinical and non-clinical trials, including non-interventional studies.
• “Additional Information”: We collect further information which we use to determine when a ToV was made and in what amount (e.g. contracts, payment receipts etc.,). - e) Analysis of your ToV Data
We will observe the total amount of all ToVs provided in the course of any given reporting period. Furthermore, we will compare your Personal Data with publicly available similar data disclosed by other pharmaceutical companies. This covers in-depth analysis of individual disclosure rates, therapeutic area, total amount of value of ToVs, and type of ToV. - f) Publication of your Personal Data
We will provide the following information to the ABPI:
• Your Master Personal Data
• The ToV Data relating ToVs from us during the Relevant Period (defined below)
The ABPI validates and collates it for publication on the Disclosure UK database which is publicly available. The ABPI is the data controller for this activity. The above information shall also be included on our publicly accessible company websites, including the central website of the Bayer Group. As an exception to the above, ToVs relating to research and development will always be published in anonymous form (on an aggregate basis) without disclosing your identity.
Before we disclose your Personal Data to ABPI for each Reporting Period (as defined below), you will get the opportunity to check it. You will then have the chance to request necessary changes or to object to the publication (see Your Rights below). In the event that you do object and the reason for your objection outweighs Bayer’s legitimate interest, information relating to ToVs you have received will be published in anonymous form (on an aggregate basis).
The relevant “Reporting Period” is the calendar year. Disclosures are made once a year, and no later than June 30th for the preceding calendar year.
3. Processing and transfer of personal data
Personal data about you will be electronically stored and processed in electronic databases. Access to your personal data will only be given to our staff involved in activities related with your work, its organization and activities related to contract performance. This may include other Bayer Affiliates and service contractors who act as our data processors.
For the processing of your personal data, we will to some extent use specialized service contractors who act as our data processors. Such service contractors are carefully selected and regularly monitored by us. They will only process personal data in accordance with our instructions and on the basis of an appropriate data processing agreement.
We may share your Personal Data relating to ToVs with the ABPI for the purpose of complying with the Code. The ABPI will validate and publish your Personal Data on the Disclosure UK website.
If applicable and as described in the Agreement, Bayer may make the Video available as specified therein.
Your personal data may in part also be processed in countries outside the European Union (hereinafter referred to as EU), the UK or the European Economic Area (hereinafter referred to as EEA), which may have a lower data protection level than the EEA, EU and UK. Transfers to such third countries will only take place if in compliance with Applicable Laws. Bayer will ensure an appropriate level of data protection e.g. by concluding respective contractual agreements based on standard contractual clauses issued by the European Commission.
4. Legal basis for processing your personal data
The law requires us to inform you of the legal basis for collecting and processing your personal data where we are the data controller. The legal basis for data processing under this Agreement is Art. 6(1)(b) General Data Protection Regulation where data are necessary for the performance of the Agreement (like accounting details), and Art. 6(1)(f) where data are required in direct relation with the Agreement based on our legitimate interest (like processing data in client relationship management databases).
For the processing activities relating to ToVs, we rely on the following legitimate interests to process your Personal Data:
a) Bayer has a legitimate interest in using information about the ToV that you received from us so that we can comply with our obligations under the Code, and Bayer AG’s obligations under the European regulator’s (EFPIA) transparency code.
b) Furthermore, there is a legitimate public interest in better understanding the financial relationships that individuals may have with the pharmaceutical industry in the interests of transparency and trust in the pharmaceutical industry.
c) The ABPI also has a legitimate interest in receiving the data for publication, to help meet the overall objectives of the Code, including transparency.
d) Bayer has a legitimate interest in the processing described in 2c above as it enables us to conduct our collaboration with your ethically and transparently.
Compliance with the Code and these further objectives cannot be met without processing Personal Data about you and the ToVs that you have received from us. We have carried out a Legitimate Interest Assessment and consider that this processing is necessary, proportionate and without unjustified harm to you.
5. Retention period for personal data
Bayer only retains your personal data for as long as is necessary for the performance of the Agreement and according to Bayer’s legitimate interest and, if applicable, to be able to make use of the right you granted Bayer to use the Video as described in the Agreement.
In addition to the above, for personal data associated with ToVs, the ABPI Code requires that information which is disclosed must remain in the public domain for a minimum of three years from the date of disclosure. Once this period has elapsed, we will remove your personal data from our publicly accessible websites.
Irrespective of the above, the ABPI Code requires us to document all disclosures and to retain such records for at least five years after the date of the calendar year to which they relate.
6. Your rights
You have the right to request from us information about your personal data, access to and rectification or erasure of personal data as well as the right to data portability. Your also have the right to lodge a complaint with the data protection supervisory authority, the Information Commissioner’s Office.
You have a right to object to the processing of your personal data where that processing is based on our legitimate interests, such as disclosure of ToV Data to the ABPI. If you make an objection request, we shall seek to ensure a balance is struck between your rights and freedoms and our legitimate interests. We will cease processing your data in this way unless we can demonstrate compelling and legitimate grounds for the processing. :
|
To object to the disclosure of your ToV Data:
|
7. How to Contact us
For any questions you may have with respect to data privacy, or if you wish to exercise your rights, please contact: The Data Protection Officer, Bayer plc, 400 South Oak Way, Green Park, Reading, RG2 6AD or by email to dataprotection-uk-eire@bayer.com. If you wish to object to the processing of your ToV data, please email us at: hcpdisclosure@bayer.com.