Market Certitude, LLC

Medical Data Analytics

Privacy Policy

Effective Date: May 21, 2018

This privacy policy (“Privacy Policy”) relates to Market Certitude, L.L.C. and its division Medical Data Analytics’ (collectively, “MC,” “we,” “us,” or “our”) collection, processing and disclosure of personal information in connection with provision of our Services, including those Services that may be made available through http://www.marketcertitude.com/ and http://www.mdacharts.com/ (collectively, the “Websites”).

The Information We Collect

MC provides data analytics and related services (“Services”) to pharmaceutical companies and other organizations (“Clients”). MC, Clients or third parties may engage service providers such as clinical research organizations (collectively, “Research Providers”) on behalf of Clients to conduct research studies, manage clinical trials and provide related services. In the course of providing our Services, we may collect and/or receive the following information:

Clients and Research Providers: The categories of personal information we may collect and/or receive from and about our Clients and Research Providers (and their affiliates and contractors) include company name, identification information, tax information and bank details, together with the name and contact information of natural persons employed by or representing the company in their interactions with MC. We obtain this information when Clients and Research Providers voluntarily provide it to us, through automatic collection via participation in a research study or clinical trial, or from third parties. We may also record telephone calls between Research Providers and MC representatives for the purposes of accuracy, performance reviews, training, and general quality assurance. 

Participants in Research Studies/Clinical Trials: MC has no direct contact with individual participants (“Participants”) in research studies or clinical trials. MC may collect and/or receive information regarding Participants (“Participant Data”) from Clients, and/or from Research Providers on behalf of specified Clients. Depending on our Clients’ research objectives, we may collect and/or receive all or part of the following Participant Data: age, gender, height, weight, and region (country/state/zip code) and, for Participants located outside the European Economic Area, we may also collect and /or receive race and ethnicity information. MC does not collect and/or receive Participant names, postal address information (except as noted above), telephone or fax numbers, e-mail addresses, social security numbers, medical record numbers, health plan beneficiary numbers, account numbers, certificate and license numbers, vehicle identification numbers, device identifiers and serial numbers, biometric identifiers (such as voiceprints and fingerprints), or full face photographs or comparable images.  All Participant Data is provided to MC in pseudonymized form, and MC is capable of performing all Services using data in this form. MC is prohibited by contract and its internal policies from obtaining, or attempting to obtain, the identity of any Participant or any additional personal or other data that would permit MC to identify any Participant.

Websites: We do not collect any personal information on the Websites, and have not authorized any third parties to collect personal information on the Websites. If you are prompted to provide any personal information on our Websites, or notice any activity on our Websites which suggests that personal information is being collected, please contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it.  or This email address is being protected from spambots. You need JavaScript enabled to view it..


How We Use This Information

We use personal information collected and/or received regarding our Clients and Research Providers to assist with provision of the Services, including for purposes of customer service, accounting, billing, collections, honorarium disbursement, and direct marketing of our other products and/or services. MC processes Participant Data for the purpose of meeting our Clients’ study and/or trial objectives. 


Who We Share This Information With 

MC does not share personal information with any third parties except as disclosed in this Privacy Policy.  MC may provide and/or allow access to personal information by subcontractors and professional advisers engaged to assist with Client studies and/or trials pursuant to written agreements which include restrictions on processing as per this Privacy Policy, and appropriate privacy and security obligations. MC provides and/or permits access to personal information only to the extent necessary to perform the functions assigned to subcontractors and professional advisors. We may also share such personal information with any of our parent companies, subsidiaries, affiliates, or other companies under common control with us for the purposes described herein.

In the event of a merger, dissolution, reconstruction, liquidation, bankruptcy, or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy.

We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.


Cookies

Cookies are files with small amount of data, which are stored in text files and may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your device’s hard drive.

We request cookies to be set on your device. These cookies are strictly necessary to provide you with services available through our website and to use some of its features. Because these cookies are strictly necessary to deliver the website, you cannot refuse them without impacting how our site functions. You can block or delete them by changing your browser settings and force blocking all cookies on this website.


Security

MC takes very seriously the security and privacy of the personal information that it collects and/or receives pursuant to this Privacy Policy. Accordingly, we will implement reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations.


Links

The Websites may contain links or you may be directed to other websites. When you click on one of these links or directed to such other websites, we encourage you to read the privacy statements of these linked sites, as their privacy policy may differ from ours. MC has no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third party websites.


Personal Information Rights

You have the right to opt-out of receiving marketing communications from MC.  In addition, you have the right to review, change, or modify information previously provided.  You may also be entitled (subject to certain exceptions) to request access to the data MC holds about you or for such data to be erased.  MC will follow internal procedures when these requests are made to protect the integrity of the data MC holds.

MC may offer individuals / participants in our research studies the opportunity to choose whether their Personal Information is (a) to be disclosed to a third party, or (b) to be used for a purpose materially different from the purpose for which it was originally collected or subsequently authorized by the individual / participant.  MC will not process Sensitive Personal Information about individuals / participants for purposes other than those which the information was originally obtained or subsequently authorized by the individual / participant unless the individual / participant explicitly consents to the processing (“opt-in”), or as required or permitted, or where not prohibited by law or regulation. MC will provide individuals / participants with reasonable mechanisms to exercise their choices to the extent required by applicable law.

If you would like to exercise your rights, please see the ‘Contact Us’ section. You cannot opt out of receiving transactional or administrative e-mails related to the Services.


Retention of Personal Information

We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, subsequently authorized, or permitted by applicable law. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.


Important Notice to Non-U.S. Residents

The Websites and our servers are operated in the United States.  Please be aware that your Information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. Except in the case of data transfers under the EU-U.S. and Swiss-U.S. Privacy Shield Framework, your decision to provide such data to us, or allow us to collect such data through the Websites, constitutes your consent to this data transfer.  MC complies with the General Data Protection Regulation (GDPR) and the EU-U.S. and Swiss-U.S. Privacy Shield Framework.  If there is any conflict between the terms in this privacy notice and the GDPR or Privacy Shield Privacy Principles, the GDPR and the Privacy Shield Privacy Principles shall govern.


Important Notice for Individuals of the Europeans Economic Area and Switzerland

MC operates a global business.  As a result, the personal data that we may collect and/or receive regarding natural persons may be transferred to, and stored at, our MC location which is outside the European Economic Area (“EEA”) and Switzerland.  Such personal data may also be processed by people around the world who work for us or for one of our suppliers/vendors.  These people may be engaged in, among other things, the fulfillment of your information requests, data analysis and the provision of support services.  By submitting your personal data, you agree to this transfer, storing, or processing.

MC has put in place a number of measures designed to protect personal data transferred from Europe and Switzerland to the US.  We maintain a network of specific agreements to require contracting parties to observe data protection legislation.  We have additionally certified to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, as set forth by the US Department of Commerce.  

With respect to such EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, MC have adheres to the Principles as set forth by the US Department of Commerce regarding notice, choice, onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement, and liability regarding data from or relating to our Clients and research participants.  

MC’s and MDA’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, MC remain responsible and liable under the Privacy Shield Principles if third-party agents that are engaged to process the personal data on their behalf do so in a manner inconsistent with the Principles, unless MC (as applicable) prove that they are not responsible for the event giving rise to the damage.

If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. You can find out more about Privacy Shield and view the MC certification at https://www.privacyshield.gov

If you believe MC maintains your personal data within the scope of the Privacy Shield Frameworks, you may direct any of your inquiries or concerns concerning MC’s compliance with the Privacy Shield Principles to This email address is being protected from spambots. You need JavaScript enabled to view it./ This email address is being protected from spambots. You need JavaScript enabled to view it.. MC commits to resolve complaints about our collection or use of your personal information.  Individuals in the EEA and Switzerland with inquiries or complaints regarding MC’s Privacy Shield policy should first contact This email address is being protected from spambots. You need JavaScript enabled to view it./This email address is being protected from spambots. You need JavaScript enabled to view it.. We will respond within 30 days.  In the unlikely event that we fail to respond within 30 days or, if our response does not address your concern, we will undertake to refer the concern to our Global Compliance Officer who will investigate the matter and communicate with you within 14 days.

MC has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint.  The services of JAMS are provided at no cost to you.  You can also follow that link for a description of the range of potential remedies.  There are more details on the arbitration requirements of the Privacy Shield Framework at https://www.privacyshield.gov/.

MDA has retained an EU representative according to Article 27 GDPR. This representative is ePrivacy and more information may be found at their website https://www.eprivacy.eu.

Representative of controllers or processors not established in the Union (Article 27 GDPR):

ePrivacy GmbH
Große Bleichen 21
20354 Hamburg
Germany

If you do not find the proposed solution satisfactory, MC will resolve the dispute under dispute resolution procedures of the panel established by the EU data protection authorities (DPAs) to resolve disputes pursuant to the Privacy Shield Principles.    The EU DPAs may be contacted directly via the information provided at http://ec.europa.eu/justice/data-protection/bodies/index_en.htm.

MC will resolve the dispute under dispute resolution procedures regarding Swiss data as established by The Swiss Federal Data Protection and Information Commissioner’s authority pursuant to the Swiss – US Privacy Shield Principles.

Under certain and limited conditions, you may have the possibility to invoke last resort binding arbitration by a “Privacy Shield Panel” composed of at least 20 arbitrators designated by the U.S. Department of Commerce and the European Commission.

MC is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).  We will continue to adhere to the Privacy Shield Principles for as long as we retain your personal information.


Children

We do not knowingly collect personal information from children under the age of 13 through the Website or the Service. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children to never provide us Personal Information. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that personal information from our databases.


California Residents

Under California Civil Code Section 1798.83, California residents who have an established business relationship with MC or MDA may choose to opt out of our sharing their Information with third parties for direct marketing purposes.  If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Information to third parties for the direct marketing purposes, please send an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.  or This email address is being protected from spambots. You need JavaScript enabled to view it..

In addition, MC does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.


Changes to this Privacy Policy

MC may amend this Privacy Policy from time to time, and will post any changes on the Websites. By visiting the Websites or our Services after changes are posted, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.


Contact Us

For questions, concerns or additional information regarding MC’s personal data processing policies please contact our privacy officer: 

•    Via email:    This email address is being protected from spambots. You need JavaScript enabled to view it.

         This email address is being protected from spambots. You need JavaScript enabled to view it.

•    Via postal mail address:  5 Sylvan Way, Parsippany, NJ, 07054, USA