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PRIVACY POLICY

Your privacy and the security of your personal information are important to us. Please read this Privacy Policy carefully to understand how your personal information will be handled by Servier Laboratories South Africa (Pty) Ltd (Servier).  Every term of this Policy is material.

1.    About Servier

Servier is a pharmaceutical company, registered as a private company under the Companies Act (Act 71 of 2008) in South Africa.  Servier forms part of an international pharmaceutical group with a global footprint. Its parent company is based in France. We manufacture and supply medicines across five therapeutic domains, namely cardiovascular and chronic venous diseases, oncology, neuropsychiatric disorders and internal medicine-diseases such as diabetes.

Our contact details are as follows:

Physical Address:       3rd Floor, Building J, Hertford Office Park, 90 Bekker Road, Vorna Valley, Midrand

Postal address:           P.O. Box 930, Rivonia, Johannesburg, 2127                       

Telephone:                  +27 (0) 861 700 900

Email:                          info-za@servier.com

Website:                      https://www.servier.co.za

2.    Information and Deputy Information Officers

Our Information Officer:

Name:             Manish Hira

Email:              privacy-za@servier.com

Telephone:      +27 (0) 861 700 900

Our Deputy Information Officer:

Name:             Angeline Louw

Email:              privacy-za@servier.com

Telephone:      +27 (0) 861 700 900

3.    Explanation of Terms Used

  • “Personal information” has the meaning assigned to in in POPIA and refers to information relating to identifiable, living, natural persons as well as identifiable, existing juristic persons, and includes, but is not limited to –
    • information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
    • information relating to the education or the medical, financial, criminal or employment history of the person;
    • any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
    • the biometric information of the person;
    • the personal opinions, views or preferences of the person;
    • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
    • the views or opinions of another individual about the person; and
    • the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person,

and “information” has a similar meaning unless the context requires otherwise.

  • “Processing” has the meaning assigned to in in POPIA and refers to any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including –
    • the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
    • dissemination by means of transmission, distribution or making available in any other form; or
    • merging, linking, as well as restriction, degradation, erasure or destruction of information.
    • “POPIA” means the Protection of Personal Information Act (Act 4 of 2013) and Regulations made in terms thereof.
    • “Servier” means Servier Laboratories South Africa (Pty) Ltd.
    • “We” / “us” means Servier Laboratories South Africa (Pty) Ltd.
    • “Website” means https://www.servier.co.za.
    • “You” / “your” refers to the data subject (i.e. the individual or entity) whose personal information is processed by us.

4.    Application of the Privacy Policy

This Privacy Policy applies to personal information that we have in our possession and under our control and our processing practices, which include collecting, using, storing and disseminating, that information. It stipulates, amongst others, how we collect your personal information, the type of information we collect, why that information is collected, the circumstances under which that information will be shared with others, the security measures that we have implemented to protect your personal information and your right to obtain access to and correct the information in our possession or under our control.

5.    Our Commitment

Your privacy and the security of your information are important to us and we therefore want to make sure you understand how your information will be processed. We acknowledge that we are bound by applicable law to keep your personal information confidential and to protect such information. We are committed to conducting our business in accordance with the law in order to ensure the confidentiality of your personal information is protected and maintained. We take this commitment to look after your personal information seriously. We have implemented a number of processes to make sure that your personal information is used in the right way.  We apply the following principles in order to protect your privacy:

  • No more personal information about you than what is necessary is collected;
  • Your personal information is only used for the purposes specified in this Privacy Policy unless you are advised otherwise;
  • We do not keep your personal information if it is no longer needed; and
  • Other than as specified in this Privacy Policy, or otherwise agreed with you, we do not share your personal information with third parties.

6.    Processing of Information on behalf of Responsible Parties

We process personal information for, on behalf of and in terms of written agreements with group companies (i.e., other responsible parties), for example, for pharmacovigilance purposes, clinical trials, interventional and non-interventional studies. In these instances, you should refer to the relevant company’s privacy policy or related documentation, which is independent of this Privacy Policy, for further information in respect of the personal information that they collect and process about you. Further information in this regard can be obtained from us.

 7.    When You Provide Information about Another Individual / Entity

You must ensure that if you provide personal information about any individual or entity to us, you may lawfully do so (e.g., with their consent). We will accept that you are acting lawfully.You should make sure that they are familiar with this Privacy Policy and understand how we will use and disclose their information.

8.    Collection of Your Personal Information

We obtain personal information directly from you when

  • you become a director of us;
  • provide information or services to us;
  • you supply personal information on our website;
  • you attend our events;
  • we procure products or services from you; or
  • during any regulatory reporting process.

Information about you may also be collected from other sources depending on the circumstances such as public records or when you make information publicly available. We collect information about health care providers from their staff, Medpages, IQvia, professional societies, patients, wholesalers or when a regulator or another entity or person provides us with their information. We collect information about patients from health care providers or wholesalers, when required to comply with the law, for example, to report adverse events in relation to medicine usage.

The information that we collect about you is necessary to achieve the purposes of processing as set out below.

9.    Processing of Your Personal Information

There are various laws that permit the processing of your personal information such as the Medicines and Related Substances Act (Act 101 of 1965) and POPIA. We will only process, which includes collect, use, store or disclose, your personal information in accordance with the law or otherwise with your consent and will always strive to keep your information confidential, whether you supply it directly to us or whether it is collected lawfully from other sources.

We generally, process the following personal information, as may be applicable in the circumstances, and retain it as part of our records:

Health Care Practitioners:

  • Names and surnames, titles, identity numbers, contact details, physical and postal addresses, telephone numbers, nationalities, gender, race, qualifications, fellowships, disciplines, registered professions, registration numbers, academic institutions, specialisation and interests, CVs, photos, statutory council registration numbers, practice numbers and loyalty programme membership numbers when provided (for example, for airline bookings);
  • Personal information supplied on and in relation to agreements;
  • Financial and payment information, including bank details and VAT numbers;
  • Prescribing preferences;
  • Personal preferences such as dietary requirements for continuing professional development (CPD) events;
  • CPD event attendance and related documents and certificates;
  • Medical and scientific opinions;
  • Information included in agreements and supporting documents; and
  • Correspondence.

Patients:

  • Names and surnames, titles, identity numbers, dates of birth, age, contact details, physical and postal addresses, telephone numbers, gender and contact details of next-of-kin (if relevant);
  • Relevant health information (e.g., diagnosis, treatment history, current treatment);
  • Adverse events related to medication usage; and
  • Correspondence.

Employees’ Partners, Dependants and Next-of-Kin

  • Names, surnames and contact details;
  • Information relevant to enrolment as beneficiaries of the medical scheme or pension fund;
  • Occupations of partners and parents (voluntary);
  • Drivers’ licenses (if they will co-drive company cars); and
  • Employment-related information of family members in the chemical, pharmaceutical or associated industries.

Suppliers, Service Providers and Other Persons and Bodies:

  • Organisation names and contact details;
  • Names and surnames, titles and contact details of contact persons and relevant officials;
  • Broad-Based Black Economic Empowerment (BBBEE) status of suppliers;
  • Information included in and supplied in support of agreements;
  • CIPC documents;
  • Financial and payment information, including invoices and supporting documents, bank details, VAT numbers, tax status (tax clearance certificates);
  • Official documentation, including newsletters and statements;
  • Market information; and
  • Engagement-related information and correspondence.

Visitors

  • Full names, surnames and contact details; and
  • COVID-19 screening information.

Other personal information may be collected and processed, as may be necessary and applicable in the circumstances. You will be informed of such collection, as far as possible in the circumstances.

10.  Consent

If you provide consent for us to process your personal information, you may withdraw your consent at any time. This does not affect the processing of personal information that has already occurred. If you withdraw your consent, your personal information will only be processed as provided for in the law.

11.  Objection to Processing

In certain instances, you may object to the processing of your personal information, if it is reasonable to do so, for example, when we process your information based on legitimate interest grounds. This must occur on the form prescribed by POPIA. If you object and we agree with your objection, your personal information will only be processed as provided for in the law. This does not affect personal information already processed.

12.  Purpose of Processing Your Personal Information

We generally process personal information for the following purposes:

• to conduct our business;
• to conclude, perform and enforce agreements;
• to comply with regulatory requirements;
• for the maintenance of our records;
• for the provision of products and services;
• for procurement of products and services;
• to communicate relevant business or product information, industry information and events;
• for reporting to persons and bodies as required and authorised in terms of the law or by you;
• to engage with regulators, relevant public bodies and other stakeholders;
• for clinical trial management;
• for pharmacovigilance management;
• for marketing and selling our products and services;
• for determining market share;
• for event management, thought leader databases, social media and e-services (such as e-conferencing);
• for relationship management;
• for monitoring of scientific medical liaison with health care professionals;
• for CPD-related purposes;
• for security of persons at and of our premises, which includes CCTV monitoring;
• for premises and car park access management;
• for management of litigation, you may enter or have entered into with us;
• for enforcement of our rights;
• for auditing purposes; and/or
• as proof;
• for historical, statistical and research purposes;
• for any other lawful purpose related to the products and services that we provide.

13.  Sharing and Disclosure of Your Personal Information

We will share your personal information, as may be necessary and lawful in the circumstances, with other persons and entities. The following sharing of personal information will, in particular, occur:

Directors:

  • Directors, employees and service providers who assist us in the conduct of our business and who perform functions related to our business on a need-to-know basis, subject to confidentiality undertakings or agreements, as may be applicable; 
  • Group companies / employees;
  • Regulatory and other public bodies;
  • Clients;
  • Funders;
  • Banks;
  • Travel agents;
  • Our professional and legal advisers;
  • Our accountants and auditors;
  • Other relevant persons and bodies such as funders and our clients;
  • Law enforcement structures, including courts and tribunals; and
  • As advised when we collect the information or as may be as required or permitted by law, including where we are under a duty to disclose or share personal information in order to comply with any legal obligation or to protect the rights, property or safety of our business, employees, patients, the public or others or otherwise with your consent.

Health Care Practitioners:

  • Directors, employees and service providers who assist us in the conduct of our business and who perform functions related to our business on a need-to-know basis, subject to confidentiality undertakings or agreements, as may be applicable; 
  • Relevant group companies;
  • Travel agents;
  • Regulators;
  • Accreditation providers;
  • Funders, if necessary and lawful;
  • Credit control bodies;
  • Debt collectors;
  • Our professional and legal advisers;
  • Our accountants and auditors;
  • Law enforcement structures, including courts and tribunals; and
  • As advised when we collect the information or as may be as required or permitted by law, including where we are under a duty to disclose or share personal information in order to comply with any legal obligation or to protect the rights, property or safety of our business, employees, patients, the public or others or otherwise with your consent.

Patients:

  • Directors, employees and service providers who assist us in the conduct of our business and who perform functions related to our business on a need-to-know basis, subject to confidentiality undertakings or agreements, as may be applicable;
  • De-identified information to relevant group companies and regulators;
  • Relevant health care practitioners; and
  • Our professional and legal advisers.

Employees’ Partners, Dependants and Next-of-Kin:

  • Directors and employees;
  • Relevant service providers of employee benefits; and
  • Professional and legal advisers.

Suppliers, Service Providers and Other Persons and Bodies:

  • Directors, employees and service providers who assist us in the conduct of our business and who perform functions related to our business on a need-to-know basis, subject to confidentiality undertakings or agreements, as may be applicable;
  • Our professional and legal advisers;
  • Our accountants and auditors;
  • Regulators;
  • Law enforcement structures, including courts and tribunals; and
  • As advised when we collect the information or as may be as required or permitted by law, including where we are under a duty to disclose or share personal information in order to comply with any legal obligation or to protect the rights, property or safety of our business, employees, patients, the public or others or otherwise with your consent.

Visitors:

  • Directors and relevant employees;
  • Legal and professional advisers;
  • Relevant public bodies;
  • Law enforcement structures and
  • Auditors.

We expressly reserve the right to transfer any and all personal information that we have in our possession or under our control, without limitation, to a purchaser or other successor in title of our business that acquires rights to that information in the event of a merger, restructuring, reorganisation, dissolution, or other sale or transfer of the business or some or all of its assets.

14.  Links to Social Networking Services

We use social networking services such as LinkedIn, Twitter and Facebook to communicate with stakeholders about our products and services. When you communicate with us through these services, the relevant social networking service may collect your personal information for its own purposes. These services have their own privacy policies, which are independent of this Privacy Policy and our information practices.

15.  Record-Keeping

We maintain records of your personal information for as long as it is necessary for lawful purposes and in accordance with the law, including to provide services to you, comply with legal obligations, perform and enforce agreements, for historical, statistical and research purposes and as proof.

 16.  Sending Information Across the Borders of the Republic of South Africa

We process and store your information in records within the Republic of South Africa. Your information may also be stored on servers and systems outside of the Republic of South Africa.  We take care to ensure that the countries we chose offer the necessary protection for your personal information as required by law. If we must provide your personal information to any other third party in another country, we will obtain your prior consent unless such information may be lawfully provided to that party.

17.  Security of Your Personal Information

We are committed to ensuring the security of your personal information in order to protect it from unauthorised processing and access as well as loss, damage or unauthorised destruction. There are also inherent risks in the electronic transfer and storage of personal information. We have implemented, and continually review and update, information protection measures to ensure the security, integrity and confidentiality of your information in accordance with industry best practices. These measures include the physical securing of hard copy records; multi-factor authentication to access electronic records; encryption of information and devices and off-site data back-ups. In addition, only those employees and service providers that require access to your information to discharge their functions and to render services to us are granted access to your information and only if they have concluded agreements with or provided undertakings to us requiring them to implement appropriate security measures, maintain the confidentiality of your information and refrain from processing your information for any purpose other than for the rendering of services to us. We will inform you and the Information Regulator, if any person has unlawfully obtained access to your personal information, subject to the provisions of the law.

18.  Right to Access your Personal Information

You have the right to have access to your personal information subject to restrictions imposed in legislation. You may request access to your information in our possession or under our control and information of third parties to whom we supplied that information. If you wish to exercise this right, please complete and submit the prescribed form to our Information Officer. Costs may be applicable to such request. The relevant form and costs can be obtained from our Information Officer. You may also consult our PAIA Manual, which is also available on our website or from our Information Officer.

19.  Accuracy, Correction and Deletion of Your Personal Information

It is important that we always have accurate information about you on record as it could impact on communication with you and the credibility of information that we share with relevant persons in the industry. You must, therefore, inform us as soon as any of your information has changed.

You may request that we correct or delete any information that is incorrect or which we may no longer keep. Such a request must be made in writing on the form prescribed by POPIA to the Information Officer and must provide sufficient detail to identify the information and the correction or deletion required. Information will only be corrected or deleted, if we agree that the information is incorrect or should be deleted. It may not be possible to delete any or all of the information if there is a legal basis to retain the information. However, please contact the Information Officer to discuss how we can assist you with your request. If we correct any information and the corrected information will impact on any decision made or to be made about you, we will send the corrected information to persons to whom the information has been disclosed in the past, if they should be aware of the changed information.

20.  Marketing of Products and Services

If you have provided consent, we may occasionally inform you, electronically or otherwise, about our products, services and events that may be useful or beneficial to you. You may at any time withdraw your consent and opt out from receiving such information.

21.  Changes to this Privacy Policy

We reserve the right in our sole and absolute discretion, to revise or supplement this Privacy Policy from time to time to reflect, amongst others, any changes in our business or the law. We will publish the updated Privacy Policy on our website. It will also be available at our offices. Any revised version of the Policy will be effective as of the date of posting on the website, so you should always refer back to the website for the latest version of the Policy. It is your responsibility to make sure you are satisfied with any changes before continuing to use our products and services. If you have any questions concerning this Policy, please e-mail us at privacy-za@servier.com.   

22.  Enquiries and Concerns

All enquiries, requests or concerns regarding this Policy or relating to the processing of your personal information should be addressed to the Information Officer. If you believe that we process your personal information contrary to this Privacy Policy or in contravention of the law, please contact the Information Officer immediately. You may also lodge a complaint with the Information Regulator at complaints.IR@justice.gov.za.

23.  Laws Applicable to this Privacy Policy

This Privacy Policy is governed by the laws of the Republic of South Africa.