Data Protection Statement for Healthcare Professionals

We collect and use your information for the following purposes:

• Execute the contract with you, including payment transfers
• Maintain a database of HCPs with whom we already collaborated and/or may collaborate in the future
• Contact management and communicating with you
• Assess and categorize which specific business needs match best with your abilities (e.g. when we look for a key opinion leader in a certain field or for specific products, the extent you belong to the group of scientific input providers, based on scientific or professional experience)
• Best practice sharing
• Fulfillment of our compliance requirements, such as those stemming from anti-corruption laws, anti-money laundering laws and other laws on economic crime, regulatory and pharmacovigilance and medicines laws, as well as disclosure requirements resulting from applicable laws and self-regulatory codes of conduct as a result of our membership in trade associations
   

We may collect and use your personal information in the following situations:

Information you provide to us

We collect your personal information depending on the different types of interaction you have with us. Such personal information includes:

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

Information we collect from publicly available sources

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

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

Depending on the business contact we have with you and the purposes we collect and use your information, we process your personal information on one or more of the following legal bases:

• The processing of your personal information is necessary for the performance of a contract (to be) concluded between you and us (Section 11(1)(b) Protection of Personal Information Act 4 of 2013)
• The processing of your personal information is necessary for us in order to comply with a legal obligation we are subject to (Section 11 (1)(c) Protection of Personal Information Act 4 of 2013). More specifically we are obliged to comply with national and, if applicable, international laws and regulations relating to the fight against corruption, anti-money laundering anti-terrorism financing and other economic crime. We have to assess the appropriateness of the remuneration and other payments made and other support granted to you and are subject to certain documentation, publication and reporting obligations and therefore, can be obliged to disclose the remuneration paid or other support in kind availed to you as a speaker or other service provider, to your employer or to competent regulatory authorities, criminal prosecutors and other recipients responsible for the implementation of transparency rules upon request, or make such payments and in kind support available publicly. This includes particularly documentation, disclosure and reporting obligations in connection with medicines, medical devices and healthcare regulations, transparency laws, laws on anti-money laundering and self-regulatory regimes such as industry and patient codes
• The processing is necessary for purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal information (11(1)(f) Protection of Personal Information Act 4 of 2013). These legitimate interests are: 
  • Maintenance of a database that contains all HCPs with whom we already collaborated or may collaborate in the future, to manage the interactions with you and other HCPs
  • Establishment, exercise or defense of legal claims
• You have given us your consent for the intended processing of your personal information (Section 11 Protection of Personal Information Act 4 of 2013)

You can withdraw your consent at any time. You can withdraw your consent to all processing or for individual purposes of your choice. The withdrawal of consent will not affect the lawfulness of processing based on your consent before the withdrawal. You can withdraw your consent by sending an email to dataprotectionofficer@fresenius-kabi.com or Leah.Madiba@fresenius-kabi.com.

We collaborate with other organizations to achieve our purposes. Therefore, we may send your personal information in parts or as a whole to other organizations.
This applies particularly to payment and other financial data and contract data that will be accessible only to a very limited number of recipients who have a need to know the data for the fulfillment of their tasks, subject to any disclosure obligations.
Such recipients are:

• Other Fresenius Group companies if such a transfer of personal information is required for the specific purpose, or that may be interested in working with you (Please refer to the overview of the locations in which Fresenius Kabi group companies are active);
• Service providers which process personal information on our behalf (e.g. for hosting or maintenance services) and have to follow our instructions on such processing; these service providers will not be allowed to use your personal information for other than our purposes;
• Competent regulatory authorities, criminal prosecutors and other recipients responsible for the implementation of transparency rules as well as criminal laws and administrative laws;
• Authorities, courts, parties in a litigation to the extent required to meet any applicable law, regulation, legal process or enforceable governmental request
• The general public, to the extent we are obliged to publicly disclose payments made to you and other benefits provided to you, e.g. meals, travel and lodging as well as other hospitality. Where there is no statutory legal basis for public disclosure including the identity of the recipient, you may choose to withhold your consent to such disclosure, and we would then disclose the payments and benefits on an anonymous aggregated basis;
• Professional advisors or auditors, such as tax advisors, financial auditors, lawyers, insurers, banks and other external professional advisors in the countries in which we operate.

International data transfers

We may send your personal information in parts or as a whole to Fresenius Group recipients in countries, which are not member states of the European Union or to international organizations, for the purposes listed above. Please refer to the overview of the locations in which Fresenius Kabi is active.
We may send data to the following countries for which the European Commission has determined an adequate level of data protection to be in place that matches the level of data protection within the European Union in which Fresenius entities are established: Argentina, Canada, Japan, New Zealand, Switzerland or Uruguay.
With regards to such international data transfers to third countries, for which the European Commission has not decided that an adequate level of data protection exists, we have provided appropriate safeguards in order to secure your personal information to a degree that equals the level of data protection in the European Union.
Safeguards used are:

• Standard Contractual Clauses that have been issued by the European Commission.
• Participation in the EU-US-Privacy Shield.

You can obtain a copy of these standard contractual clauses online, or upon request.
 

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

Depending on the situation you have certain rights regarding your personal information. You have the right to:

• Request access to your personal information
• Request rectification of your personal information
• Request erasure of your personal information
• Request the restriction of processing of your personal information
• Data portability
• Object on grounds specific to your situation

You can exercise these rights online by using the data protection contact form.

You also have the right to lodge a complaint with our data protection officer or the supervisory authority. You also have the right to lodge a complaint with our Information Officer and/or the Information Regulator.

Data Protection Officer:
Fresenius Kabi AG
Data Protection Officer
Else-Kröner-Straße 1
61352 Bad Homburg
Germany
E-mail: dataprotectionofficer@fresenius-kabi.com

Information Officer:
Marius Möller
Fresenius Kabi South Africa (Pty) Ltd 
Stand 7, Growthpoint Business Park
162 Tonetti Street
Midrand 
1682
South Africa
E-mail: Marius.Moller@fresenius-kabi.com

Deputy Information Officer:
Leah Madiba
Fresenius Kabi (Pty) Ltd 
Stand 7, Growthpoint Business Park
162 Tonetti Street
Midrand 
1682
South Africa
E-mail: Leah.Madiba@fresenius-kabi.com   

Deputy Information Officer:
Pierre Kaufman 
Fresenius Kabi South Africa (Pty) Ltd 
Stand 7, Growthpoint Business Park
162 Tonetti Street
Midrand 
1682
South Africa
E-mail: Pierre.Kaufman@fresenius-kabi.com

Information Regulator:
33 Hoofd Street
Forum III, 3rd Floor Braampark
P.O Box 31533
Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za 
General enquiries email: inforeg@justice.gov.za 
 

Requirements to provide personal information

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

Changes to this data protection statement

As our collection and use of your information may change over time, we may also modify this data protection statement to always correctly reflect our information processing practices. We encourage you to review it from time to time.

The controller and responsible entity for processing of personal information is:

Fresenius Kabi South Africa (Pty) Ltd
162 Tonetti Street
Stand 7 Growthpoint Business Park 
Midrand
1682
South Africa 
Contact