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Privacy Notice
Labatec Pharma SA collects and processes personal data relating to you and other individuals.
This privacy notice describes the collection and use of your personal data and sets forth the privacy rights in accordance with the Federal Act on Data Protection (hereinafter, “FADP”).
This privacy notice applies to any information collected and processed by Labatec Pharma SA through your access to and use of its website (https://www.labatecpharma.com), as well as your use of our services or products or when you enter into a contract, or communicate with, Labatec Pharma SA.
The terms “personal data”, “data subject”, “data controller”, “processing”, “data processor” and “process” (and their derivatives) shall have the meanings given to them in the FADP.
1. Data controller
The entity responsible for the processing of your personal data as described in this privacy notice is Labatec Pharma SA, with registered address at rue du Cardinal-Journet 31, 1217 Meyrin, Switzerland (hereinafter, the “Company”, or the “Data Controller”, or “we”).
2. Personal data about you that we process and purposes of the data processing
We may process personal data about you that: (i) you provide to us, (ii) we obtain from third parties or (iii) is publicly available (for example, internet, social media, etc).
In accordance with the legal requirement of proportionality, we collect and use your personal data only for the purposes set out in this privacy notice and depending on the different purposes as described hereafter:
- Use of our website: We process your personal data collected and processed during your use of our website to manage and improve our website and to tailor its content to give you a more personalized experience.
- Order taking and execution of transactions with you: We process your personal data when communicating with you for example to respond to a general request or inquiries in relation with our products and services. We process your personal data to fulfil services that you have requested, for example to deliver products that were ordered, document our activities with you (e.g., purchase history, products preferences, etc), bill and invoice our services to you.
- Communicate and manage our relationship with you: We process your personal data when communicating with you for example to respond to a general request or inquiries in relation with our products and services. We process your personal data to manage our relationship with you and to help us learn more about you as a service recipient, the products you receive, and other products and services you may be interested in receiving, unless you have objected to the use of your personal data for this purpose.
- Track and monitor adverse events and manage quality complaints and medical requests: We process your personal data in relation to the collection and reporting of your feedback on adverse events or other activities related to pharmacovigilance or medical information. This information will solely be used for the detection, assessment, understanding and prevention of adverse events or other medical concerns.
- Perform marketing activities: We process your personal data for marketing purposes, for example to send you event invitations, to send you newsletters to promote our products or provide information about pathologies and to publish photo and videos recordings of you, on our social media pages, as speaker or participant of an event or congress we organized. Where we ask for your consent to process your personal data for specific purpose (such as, for example marketing mailing and publishing photo and videos recordings), we will process your personal data within the scope of this consent. You can withdraw your consent at any time by contacting us as set out below, or by following the unsubscribe instructions in our communications.
- Comply with domestic or foreign legal obligations.
Depending on the purpose(s), the data collected and/or processed may include the following information:
- Identification information, such as your name, surname and gender, email address.
- Professional contact details, such as email address and telephone number.
- Professional details (for example the organization you work for, year of degree, professional function and job title, work address, GLN number).
- Details on how you use our products and services, including behaviour and preferences.
- Financial information such as bank account number.
- Photos and video recordings.
- Information given voluntarily as part of any complaints, medical or safety communication you share (including health).
We do not collect any sensitive data such as data relating to your health, ethnic background, political views, religious or philosophical beliefs.
3. Disclosure and transfer of the personal data
We may disclose your personal data to recipients as set out in section 3.1, which may include transfers of your personal data to third countries as further described in section 3.2.
3.1 Categories of recipients
In connection with any of the purposes outlined in the section 2, we may disclose your personal data to the following recipients (in compliance with applicable legal requirements), who process your personal data on our behalf as data processor or as joint controller:
- Other entities part of our group, such as our subsidiary located in Portugal;
- Business partners, service providers and suppliers that provide services to us (e.g., transport providers, IT service providers, mailing service providers, event management service providers, etc);
- Legal and professional advisors, including accountants and auditors;
- Competent authorities, including courts (in Switzerland and abroad, if we are legally obliged or entitled to such disclosure or if it appears necessary to protect our interest).
3.2 Transfers of your personal data to third countries
In connection with the disclosures described in section 3.1, we may transfer your personal data to the following countries that offer adequate protection pursuant to the FADP: UE/EEA Member States.
Under certain circumstances, we may also transfer personal data to Jordan, which does not offer adequate protection pursuant to the FADP and potentially to other countries (if necessary for the respective processing purpose, e.g., for IT services). To the extent such countries do not offer adequate protection, the transfer is secured by appropriate safeguards (such as Standard Contractual Clauses) or based on a statutory exemption (e.g., if you have given your consent to the transfer, if the transfer is directly connected with the conclusion or performance of a contract with you or if the transfer is necessary for the establishment, exercise or enforcement of legal claims before a foreign authority).
4. Data retention
We seek to ensure that we only keep your personal data for the longest of:
- The period necessary for the relevant activities or services;
- Any retention period that is required by law; or
- The period in which litigation or investigations might arise in respect of the relevant activities or services.
5. Data security
We have put in place appropriate technical and organizational security policies and procedures to protect your personal data from loss, misuse, alteration, or destruction.
6. Data subject’s rights
You may exercise, in relation to the data processing described herein, the following rights:
- Right to receive information as to whether your personal data is processed by us and if yes, what personal data (rights of access);
- Right to request us to update, amend and/or complete your personal data (right of rectification);
- Right to request the deletion of your personal data (to the extent we are not under a legal obligation or have an overriding or legitimate interest to retain such personal data) (right to be forgotten);
- Right to obtain the restricting of the processing (i.e., ask us to temporarily restrict our processing of your personal data) (right to restriction of processing);
- Right to object at any time, easily and free of charge, for reasons related to your particular situation, to the processing of data carried out on the basis of the legitimate interest of the Data Controller (right to object);
- Right to withdraw your consent, if given, without prejudice to the lawfulness of the processing based on the consent given and object to the receipt of promotional communications by clicking on the appropriate unsubscribe link at the bottom of each e-mail;
- Right to receive the personal data in a structured, commonly used and machine-readable format, as well as, if technically feasible, to transmit them to another data controller without hindrance, where the processing is based on consent or contract and is carried out by automated means (right to data portability).
7. Contact
If you have any questions or comments about privacy issues, or wish to exercise any of the rights set out above, please contact us by mail at Labatec Pharma SA, rue du Cardinal-Journet 31, 1217 Meyrin 1 or by email at info@labatec.com.
You have the right to lodge a complaint with the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html) or, in any case, with the competent supervisory authority in the State in which you have your place of residence.
8. Changes to this privacy notice
This privacy notice does not form part of any contract with you. We reserve the right to change this privacy notice at any time without prior notice. The current version available on the Company’s website shall apply.
Last update: December 2023.
Legal Statement
Welcome to the website of Labatec Pharma. This page sets out the terms on which you may use the Website. Please read and review these Terms of Use carefully before accessing or using the Website. By accessing the Website, you acknowledge that you have read, understood and accept the Terms of Use and agree to abide by them. If you do not fully accept the Terms of Use we request you not to access or use the Website.
Labatec reserves the right to change the Website and the Terms of Use from time to time without notice, which changes shall take effect from the next time you access the Website. Therefore, we suggest that every time you access the Website you access this page to ensure that you are aware of the current Terms of Use.
Accessing the Website. Access to the Website is permitted on a temporary basis, and Labatec reserves the right to withdraw or amend the service it provides on the Website without notice. Labatec will not be liable if the Website is unavailable at any time or for any period.
Content. The information provided on the Website is for general information purposes only. Certain sections of this Website are intended for particular audience including Labatec’s employees or customers, as well as the healthcare community and the general public. Labatec will use reasonable efforts to ensure that information on the Website is accurate and up-to-date but gives no undertaking, warranty or representation of any kind (whether express or implied) as to its accuracy, currency, fitness for purpose, merchantability or completeness. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The medical information available on the Website is not a substitute or replacement for a medical consultation, nor does it constitute advice, recommendation or suggestion for self prescription or self medication. Users should not use this information to assess, diagnose or treat any medical complaint and you must seek professional advice from a qualified physician before taking any action in respect of information provided on the Website. Information on Labatec’s products may vary by country and you must check with local regulatory authorities to check for relevant information or variations.
Any of the material on the Website may be out of date at any given time, and Labatec is under no obligation to update such material. Some statements made on this Website are historical and should be understood as referring to events as they stood at the time that the information was first published. Events may also have superseded forward-looking statements made on this Website and the facts subsisting may differ from the views expressed or implied by such forward-looking statements. Past trends or activities should not be taken as a representation that such trends or activities will continue in the future. Nothing on this Website should be construed as the giving of advice or the making of a recommendation, and should not be relied on as the basis of any decision or action.
Functionality. Labatec does not warrant that functions available on the Website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. You confirm that you are aware of and assume all risks related to the use of the internet, including risks of damage to your software and hardware due to the presence in the Website or any other related website of a virus or any other element capable of altering the computer system.
Viruses, hacking and other offences. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Labatec will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Labatec will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. You are advised to virus check all materials and/or content accessed and/or downloaded from the Website using commercially available, up to date virus checking software.
Liability. You agree that access to and use of the Website is at your own risk and sole discretion. To the extent permitted by law, neither Labatec nor any subsidiary of Labatec, nor any party involved in creating, producing or delivering the Website accepts any liability for any loss or damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, or any other loss or damage of any kind, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, that may arise out of access to, information downloaded or obtained from or through, use of or inability to use, this Website, or any errors or omissions in the content thereof.
This does not affect Labatec’s liability for death or personal injury arising from its negligence, or any liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Links and Third party content. The Website may contain links to websites of third parties. These are provided for your information only. Labatec is not responsible for the contents or reliability of any other websites to which the Website provides a link and Labatec does not endorse the views expressed within them. Furthermore, providing links to those websites does not imply a suggestion or recommendation to visit them. Labatec shall not be liable for any damages, direct or indirect, which users might suffer, derived from the information contained in said websites, or from the relationship that might arise between users and third parties whose services have been published on the Website. In particular, we do not accept any liability arising out of any allegation that any third party owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third party website or content.
Linking to our site. You may create a link from another website which is owned by you to the home page of the Website, provided that you do so in a way that is fair and legal and does not damage Labatec’s reputation or goodwill, or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Labatec’s part, except with Labatec’s prior written consent.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. Labatec reserves the right to withdraw any linking permission without notice. If you wish to make use of material on the Website other than as set out above, please address your request to [info@labatec.com].
Communications. Any communication or other material that you send to us through the internet or post on the Website by electronic mail or otherwise, such as any questions, comments or suggestions, are and will be deemed to be non-confidential and non-proprietary and Labatec shall have no obligation of any kind with respect to such information. By sharing any contribution (including any text, photographs, graphics, video or audio) with us you agree to grant us an irrevocable, royalty-free, worldwide, perpetual, non-exclusive license to use, copy, distribute, disclose and display the material in any way we want (including modifying or deleting it). In order that we can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any laws and that you have the right to give us permission to use it for the purposes specified above. Labatec is permitted to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or their right to privacy.
Intellectual Property Rights and Trademarks. The contents of the Website are protected by copyright and other intellectual property around the world. All the intellectual property rights in the Website, including without limitation, in all documents, files, text, images, RSS feeds, audio files, podcasts, video files, flash tutorials, graphics, devices and code contained in it and in the Website’s general “look and feel”, is owned by Labatec, its affiliates or its third party providers.
Labatec hereby authorizes you to copy extracts of and/or documents published on the Website (except for third party owned content which has been identified as such) for non-commercial personal use only, provided that any copy of the documents which you make shall retain all copyright and other proprietary notices and any disclaimer contained on the documents. If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at Labatec’s option, return or destroy any copies of the materials you have made.
Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in the Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Labatec.
No information or statement contained herein shall be construed as conferring by implication, estoppels, or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of Labatec, or its affiliates, or any third party. Except as expressly provided above, no information or statement contained herein shall be construed as conferring any license or right under any Labatec group patent, copyright or trademark. No Labatec trademark or logo may be used or reproduced without our prior consent.
Labatec cannot guarantee that you have any right to use third party owned content which is available on the Website and you must obtain permission from the third party owner before using or downloading such content.
All product names, whether or not appearing in print or with the trademark symbol, are trademarks of Labatec, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
Information about Labatec. This Website is operated by Labatec Pharma. Labatec is a private company registered in Switzerland.
How to contact Labatec. You can contact Labatec by sending an email to info@labatec.com
Legal Jurisdiction. The Swiss courts have exclusive jurisdiction over any claim arising from, or related to, your visit or use of the Website. These Terms of Use are governed by, and shall be interpreted in accordance with, Swiss law.