| We are very delighted that you have shown interest in CROss Alliance® and be assured that data protection is of high priority for us. | ||
| CROss Alliance® (CRO) is the commercial brand name for the company CROSS Research SA acting as Contract Research Organization (CRO) and specialised in the planning, management research and development of new medicinal products, medical devices, food supplement on behalf of Sponsor. | ||
| The use of the Internet pages of CROss Alliance® is possible without any indication of personal data; however, if a data subject wants to use some specific enterprise services through our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject. | ||
| The processing of personal data by to CROss Alliance® shall always be in line with the EU General Data Protection Regulation (GDPR; Regulation EU 679/2016), and the applicable Swiss data protection regulations (Swiss Federal Act on Data Protection [Data Protection Act, FADP; 235.1] of 25 September 2020). | ||
| Swiss data protection legislation is closely tied to EU regulations and transfer and processing of data in Switzerland is permitted by GDPR according to art. 45 (1) of GDPR that states that transfer may take place where the Commission has decided that the third country ensures an adequate level of protection. The European Commission decided on 26 July 2000 in Commission Decision 2000/518/EC (Official Journal L 215/1 of 25.8.2000) that Swiss law provides adequate protection of personal data. According to GDPR art. 45 (9) decisions adopted by the Commission shall remain in force until amended, replaced or repealed by a Commission Decision. | ||
| By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled. | ||
| Acting as data controller, CROss Alliance® has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone. | ||
| 1. |
Definitions | |
| Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. | ||
| In this data protection declaration, we use, inter alia, the following terms: | ||
| • | Personal data | |
| Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular 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 the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. | ||
| • | Data subject | |
| Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing. | ||
| • | Processing | |
| Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. | ||
| • | Restriction of processing | |
| Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. | ||
| • | Profiling | |
| Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. |
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| • | Pseudonymisation (or Coding) | |
| Pseudonymisation (or Coding) is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. | ||
| • | Controller or controller responsible for the processing | |
| Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided by Union or Member State law. | ||
| • | Processor | |
| Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. | ||
| • | Recipient | |
| Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. | ||
| • | Third party | |
| Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data. |
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| • | Consent | |
| Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. | ||
| 2. | Name and address of the Controller | |
| Controller for the purposes of the EU General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union, Switzerland and other provisions related to data protection is: | ||
| CROSS Research SA (company under the brand name CROss Alliance®) | ||
| Via F.A. Giorgioli 14 | ||
| CH 6864, Arzo, Switzerland | ||
| Phone: +41 91.6300510 | ||
| Fax: +41.91.6300511 | ||
| privacy@croalliance.com – www.croalliance.com | ||
| 3. | Name and Address of the Data Protection Officer | |
| The Data Protection Officer of the controller is: | ||
| Lawyer Giuseppe Fadda | ||
| Via Corbetta Eugenio 1 | ||
| 22063 Cantù (CO), Italy | ||
| Phone: +39.031.3515460 | ||
| privacy@croalliance.com | ||
| Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection. | ||
| 4. | Collection of general data and information | |
| The website of CROss Alliance® collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems. | ||
| When using these general data and information, CROss Alliance® does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, CROss Alliance® analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject. | ||
| 5. | Registration on our website | |
| The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller. | ||
| By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution. | ||
| The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller. | ||
| The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons. | ||
| 6. | Subscription to our newsletters | |
| On the website of CROss Alliance®, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller. | ||
| CROss Alliance® informs its customers and business partners occasionally by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter shipping. A confirmation email will be sent to the email address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation email is used to prove whether the owner of the email address as the data subject is authorized to receive the newsletter. | ||
| During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the email address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller. | ||
| The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by email, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter or to communicate this to the controller in a different way. | ||
| 7. | Newsletter-Tracking | |
| The newsletter of CROss Alliance® may contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such emails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, CROss Alliance® may see if and when an email was opened by a data subject, and which links in the email were called up by data subjects. | ||
| Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. CROss Alliance® automatically regards a withdrawal from the receipt of the newsletter as a revocation. | ||
| 8. | Healthy Volunteers Subscription to information on our trials | |
| On the website of CROss Alliance®, healthy volunteers are given the opportunity to subscribe for being informed on planned clinical trials. The input mask used for this purpose determines what personal data are transmitted. | ||
| CROss Alliance® Volunteers Recruiter informs interested subjects regularly by means of emails, SMS, phone etc. The communications may only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers on our site. A confirmation email will be sent to the email address registered by a data subject for the first time, for legal reasons, in the double opt-in procedure. This confirmation email is used to prove whether the owner of the email address as the data subject is authorized to receive the newsletter. | ||
| During the registration, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the email address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller. | ||
| The personal data collected as part of a registration will only be used to inform the data subject about planned clinical trials. There will be no transfer of personal data collected in this way to third parties unless a specific written consent is preliminarily obtained. The subscription may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given, may be revoked at any time by sending an email to volreg@croalliance.com or contacting us. | ||
| 9. | Contact possibility via the website | |
| The website of CROss Alliance® contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us. If a data subject contacts the controller via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties. | ||
| 10. | Emails communications | |
| The website of CROss Alliance® includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email, data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. Similarly, emails are exchanged with CROss Alliance® employees on a voluntary basis for business purpose. There is no transfer of this personal data to third parties. | ||
| 11. | Job applications and the application procedures | |
| The data controller shall collect and process the personal data of job applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by email or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents will be erased 5 years after notification of the refusal decision or after last written contact (e.g. email exchange) by the Parties, provided that no other legitimate interests of the controller are opposed to the erasure. | ||
| 12. | Cookies | |
| The Internet pages of CROss Alliance® use cookies. Cookies are text files that are stored in a computer system via an Internet browser. | ||
| Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID. | ||
| Through the use of cookies, CROss Alliance® can provide the users of this website with more user-friendly services that would not be possible without the cookie setting. | ||
| By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie. | ||
| CROss Alliance® can make use of third-party cookies, which are cookies originated from other website that are set in the Web Site. In this regard we invite you to read our privacy policy and the respective purposes, mode of use and procedures to refuse the installation of cookies directly on the website of the respective operators. | ||
| Finally, CROss Alliance® uses profiling cookies, which are necessary to monitor and profile users during their visit, and to study their behaviour on the website with a particular attention to their interests and habits. For example, thanks to the usage of profiling cookies, the Controller can examine the shopping choices of the users and the website sections and forms that have been visited. Profiling cookies are used above all to obtain user information in order to use it for marketing purposes. | ||
| The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable. | ||
| Cookies List: | ||
| Here below we will show you the procedures for disabling/removing cookies, depending on the browser in use. Please note that for the proper functioning of the website, some technical cookies are necessary, and eventually their uninstallation could block the navigation. | ||
| Depending on the used browser, it is possible to disable cookies following the given instructions: | ||
| • | for Chrome, see dedicated page –> https://support.google.com/accounts/answer/61416?hl=en | |
| • | for Mozilla Firefox see dedicated page –> https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences | |
| • | for Internet Explorer, see dedicated page –> https://support.microsoft.com/en-gb/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d | |
| • | for Safari, see dedicated page –> https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac | |
| • | for Safari iOS (dispositivi mobile), see dedicated page –> https://support.apple.com/en-us/HT201265 | |
| • | for Opera, see dedicated page –> https://help.opera.com/en/latest/web-preferences/ | |
| 13. | Google Analytics (Functional Cookies) | |
| Our website uses Google Analytics. We use Google Analytics, a web analysis service of Google, Inc. (“Google”), to analyse the performance of our websites and follow up on the effectiveness of our marketing efforts. Google Analytics allow us to analyse data in aggregate, we do not collect or store any personal information in Google Analytics. | ||
| Learn more from their Terms of Service and Privacy Policy. | ||
| You can opt-out by downloading the browser plugin “Google Analytics Opt-out Browser Add-on” here. | ||
| 14. | Routine erasure and blocking of personal data | |
| The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or Swiss legislators in laws or regulations to which the controller is subject to. | ||
| If the storage purpose is not applicable, or if a storage period prescribed by the European legislator, Swiss legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements. | ||
| 15. | Third party transfer | |
| CROss Alliance® does not sell the personal data of the data subject to third parties. | ||
| CROss Alliance® does not transfer or transmit the personal data of the data subject to third parties (excluding properly managed legitimate transfers within contractual agreements) with the following limitations: | ||
| • | public authority, agency or body (e.g. financial authorities, criminal prosecution authorities, competent authorities) when required by law and within a legal or official obligation. | |
| • | internal or external processors who, under the direct authority of the controller are authorised to process personal data satisfying the requirements of Swiss law and EU GDPR | |
| 16. | Rights of the data subject | |
| • | Right of confirmation | |
| Each data subject shall have the right granted by the European and Swiss legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller. | ||
| • | Right of access | |
| Each data subject shall have the right granted by the European and Swiss legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the applicable directives and regulations grant the data subject access to the following information: | ||
| ◦ the purposes of the processing; | ||
| ◦ the categories of personal data concerned; | ||
| ◦ the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; | ||
| ◦ where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; | ||
| ◦ the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing; | ||
| ◦ the existence of the right to lodge a complaint with a supervisory authority; | ||
| ◦ where the personal data are not collected from the data subject, any available information as to their source; | ||
| ◦ the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the EU GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject. | ||
| Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. | ||
| If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller. | ||
| • | Right to rectification | |
| Each data subject shall have the right granted by the European and Swiss legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. | ||
| If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller. | ||
| • | Right to erasure (Right to be forgotten) | |
| Each data subject shall have the right granted by the European and Swiss legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: | ||
| ◦ The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. | ||
| ◦ The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the EU GDPR, or point (a) of Article 9(2) of the EU GDPR, and where there is no other legal ground for the processing. | ||
| ◦ The data subject objects to the processing pursuant to Article 21(1) of the EU GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the EU GDPR. | ||
| ◦ The personal data have been unlawfully processed. | ||
| ◦ The personal data must be erased for compliance with a legal obligation in Switzerland or in the Union or Member State law to which the controller is subject. | ||
| ◦ The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the EU GDPR. | ||
| If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by CROss Alliance®, he or she may, at any time, contact any employee of the controller. An employee of Company promptly ensures that the erasure request is complied with immediately. | ||
| See also the right to object below. | ||
| Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of CROss Alliance® will arrange the necessary measures in individual cases. | ||
| • | Right of restriction of processing | |
| Each data subject shall have the right granted by the European and Swiss legislator to obtain from the controller restriction of processing where one of the following applies: | ||
| ◦ The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. | ||
| ◦ The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead. | ||
| ◦ The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims. | ||
| ◦ The data subject has objected to processing pursuant to Article 21(1) of the EU GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. | ||
| If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by CROss Alliance®, he or she may at any time contact any employee of the controller. The employee of CROss Alliance® will arrange the restriction of the processing. | ||
| • | Right to data portability | |
| Each data subject shall have the right, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the EU GDPR or point (a) of Article 9(2) of the EU GDPR, or on a contract pursuant to point (b) of Article 6(1) of the EUGDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. | ||
| Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the EU GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. | ||
| In order to assert the right to data portability, the data subject may at any time contact any employee of CROss Alliance®. | ||
| • | Right to object | |
| Each data subject shall have the right granted by the European and Swiss legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the EU GDPR. This also applies to profiling based on these provisions. | ||
| CROss Alliance® shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. | ||
| If CROss Alliance® processes personal data for direct marketing purposes the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to CROss Alliance® to the processing for direct marketing purposes, CROss Alliance® will no longer process the personal data for these purposes. | ||
| According to EU GDPR Article 89 (1) processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, shall be subject to appropriate safeguards, in accordance with the EU GDPR, for the rights and freedoms of the data subject. Those safeguards shall ensure that technical and organisational measures are in place in particular in order to ensure respect for the principle of data minimisation. Those measures may include pseudonymisation provided that those purposes can be fulfilled in that manner. Where those purposes can be fulfilled by further processing which does not permit or no longer permits the identification of data subjects, those purposes shall be fulfilled in that manner. This means that data collected for scientific reasons (e.g. those of clinical trials) will be restricted to the minimum necessary for the purpose and will be appropriately safeguarded, for example using codes (pseudonymisation) in order to avoid disclosure of true study subjects ‘names. According to EU GDPR Article 89 (2) where personal data are processed for scientific research purposes or statistical purposes, Union or Member State law may provide for derogations from the rights referred to in the EU GDPR Articles 15, 16, 18 and 21 subject to the conditions and safeguards referred to in Article 89 (1) above in so far as such rights are likely to render impossible or seriously impair the achievement of the specific purposes, and such derogations are necessary for the fulfilment of those purposes. This means that, according to what is allowed by regulations, the rights on personal data used for scientific or statistical purpose could be subject to limitation, for example data deletion could not be possible. Study subjects will be properly informed of this before any study data is collected and they will have the possibility to refuse study participation. |
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| In order to exercise the right to object, the data subject may contact any employee of CROss Alliance®. In addition, the data subject is free in the context of the use of information society services, and notwithstanding EU Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications. | ||
| • | Automated individual decision-making, including profiling | |
| Each data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Switzerland, EU or EU Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. | ||
| If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, CROss Alliance® shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. | ||
| If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of CROss Alliance®. | ||
| • | Right to withdraw data protection consent | |
| Each data subject shall have the right to withdraw his or her consent to processing of his or her personal data at any time. | ||
| If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of CROss Alliance®. | ||
| 17. | Purpose and legal basis for the processing | |
| Purpose of data processing is described in this policy. | ||
| Art. 6(1) lit. a of the EU GDPR and the corresponding prescriptions of the Swiss Regulations serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of services, the processing is based on Article 6(1) lit. b EU GDPR and the corresponding prescriptions of the Swiss Regulations. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c EU GDPR and the corresponding prescriptions of the Swiss Regulations. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d EU GDPR and the corresponding prescriptions of the Swiss Regulations. Finally, processing operations could be based on Article 6(1) lit. f EU GDPR and the corresponding prescriptions of the Swiss Regulations. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company 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. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 EU GDPR). | ||
| 18. | The legitimate interests pursued by the controller or by a third party | |
| Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders. | ||
| 19. | Period for which the personal data will be stored | |
| The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract. You can contact CROss Alliance® at any time for more precise information. | ||
| 20. | Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data |
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| We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when he/she consents to participate to a clinical trial or when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the subject could not participate to a clinical trial or that a contract with the data subject could not be concluded. Before personal data is provided by the data subject to CROss Alliance®, the data subject could contact CROss Alliance® appropriate staff’ (employee) and the employee will clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, the participation to a clinical trial, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data. |
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| 21. | Existence of automated decision-making | |
| As a responsible company, we do not use automatic decision-making or profiling. | ||
| The starting template of this Privacy Policy is based on the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with the Media Law Lawyers from WBS-LAW. | ||
| Summary of changes | ||
| v.1.0 – June, 2018 – Initial release
v.2.0 – February, 2020 – Update: “CROSS Metrics” has been removed after a merger by incorporation of CROSS Metrics SA in CROSS Research SA v.3.0 – May, 2020 – Update: Section 12 “Cookies” have been amended v.4.0 – May, 2022 – Update: In section 12 “Cookies”, links to external websites have been updated v.5.0 – October, 2023 – Updated references to new Swiss Federal Act on Data Protection |
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