1. INTRODUCTION AND SCOPE
- Our websites, web portals, mobile applications or other digital services (together, our “Sites”) may contain links to third-party websites that we do not operate, control or endorse. Once you leave our Sites, we are not responsible for the protection and privacy of any information you provide. We suggest contacting those websites directly for information about their privacy practices.
- When we refer to ourselves as “BeiGene” or “we,” we mean BeiGene, Ltd. and all of its subsidiary companies.
2. NOTICE TO PARTICIPANTS IN CLINICAL TRIAL AND RESEARCH PROGRAMS
3. PERSONAL INFORMATION WE MAY PROCESS
We may collect and use your personal information in a variety of contexts, including when you participate in BeiGene research, take our drugs or therapies, visit our Sites or offices, apply for employment or other relationship with BeiGene or provide services to us. Depending on your relationship or interactions, BeiGene may process any of the following categories of personal information about you:
- Direct identifiers such as name, initials, postal and/or email address, phone number, date of birth, IP address, device ID, photographs, videos and sound recordings, payment-related information and government-issued identification (e.g., driver’s license, passport or tax ID number);
- Professional information such as job title, employment status, educational information, professional qualifications and licenses, work experience and professional networks, affiliates, programs and activities;
- Geolocation information obtained from your device’s GPS, Bluetooth or other location services technology;
- Health, biometric and genetic information such as information about your medical conditions, treatments and any adverse events you may experience while taking our drugs or therapies;
- Commercial information, including records of products or services prescribed, purchased, obtained or considered or payments made;
- Internet activity information generated from use of our Sites, such as browsing history and information about your interaction with our Sites; and
- Other Information needed for our relationship or interactions or required by laws, our service providers or collaborators, such as the information you provide in connection with contracts and queries you make to us.
Your payment-related information, government-issued identification, geolocation information, health, biometric and genetic information may be considered sensitive personal information under applicable laws. We will take appropriate measures to protect and process your sensitive personal information and will provide notices and/or obtain your explicit consent for processing your sensitive personal information where required by applicable laws.
4. SOURCES OF INFORMATION
5. WHY WE PROCESS YOUR INFORMATION
The ways we process your personal information depend on why we collected it. For example, we may process information about you:
- for our research and development, collaboration and market research efforts;
- for education and awareness purposes, including providing information about certain health conditions and disease states, our products, programs and services;
- to provide you transactional, administrative and marketing communications about BeiGene, our products, programs and services;
- to determine eligibility for, facilitate supply, administration and management of, and track progress and outcomes regarding certain products, programs and services;
- to manage or develop our relationship or interactions with you or your employer or affiliated organization, including responding to questions and requests for information, inviting you to and registering you for BeiGene events or programs and complying with contractual and payment obligations;
- to recruit or consider you for employment or another business relationship with BeiGene;
- for regulatory purposes, e.g., in connection with regulatory submissions or complying with regulatory obligations relating to drug development, safety and transparency reporting, and for monitoring, investigating and enforcing compliance with our policies and legal and regulatory requirements;
- to improve our Sites, e.g., enhance Site security and to track the popularity of certain pages of the Sites, the success of our email notifications, traffic levels on the Sites and other usage data; and
- for other everyday business purposes such as payment processing and accounting, product development, safeguarding BeiGene property, contract management, archiving, Site administration, fulfillment, analytics, fraud prevention and corporate governance, reporting and legal compliance.
We do not undertake decisions based solely on automated processing of your information, including profiling, unless we inform you as required by law.
6. SHARING YOUR INFORMATION
We may share your personal information within BeiGene and with third parties with whom we have contracted. The type of information we share, our purposes for sharing it and the contractual measures we implement depends on the role that the third party plays. For example, we may share your personal information with:
- service providers (such as clinical research organizations, central labs, logistics providers and technology and security providers and other service providers) in order for the service provider to help us conduct business. We do not permit our service providers to use your personal information for purposes outside of our business relationship and the services we are receiving. We will require service providers to take appropriate measures to protect your personal information.
- our advisors (such as outside auditors and attorneys) so that they can help us assess important compliance, legal and other strategic questions. We require such parties to use your personal information only for appropriate purposes and take reasonable measures to protect your personal information.
- our business partners and collaborators (such as external scientists, healthcare providers, pharmacies and pharmaceutical partners) so that we can further each other’s research, quality, safety and other development goals.
We may also share your information to (i) to comply with any law or regulation applicable to us, a request from law enforcement, a regulatory agency or other legal process; (ii) to protect the legitimate rights, privacy, property, interests or safety of BeiGene, our business collaborators, personnel or others; (iv) to pursue available remedies or limit damages; (v) to enforce our agreements with Study participants, third parties and users of our Sites; or (vi) to respond to an emergency.
7. HOW LONG WE RETAIN YOUR INFORMATION
8. WHERE WE PROCESS YOUR INFORMATION AND HOW WE PROTECT IT
BeiGene operates in many countries around the world and information about you may be accessible to or shared with our affiliates, service providers, collaborators and regulators in various countries. The laws in certain countries may not provide the same level of protection as the laws in your country or region. When that is the case and as required by law, we take steps to protect your transferred information, such as entering into contracts with recipients of your information or implementing additional data safeguards.
While we have established reasonable physical, electronic and managerial procedures to protect your personal information from unauthorized access and disclosure, we cannot guarantee its security. You should take special care in deciding what information you transmit, upload, send or otherwise submit to us.
You may contact us at firstname.lastname@example.org if you have any questions about the steps we take to protect your personal information.
9. INFORMATION ABOUT CHILDREN
We take seriously our obligations under applicable laws concerning the collection of information from or about children. We do not intend to direct our Sites to children and we do not knowingly collect personal information directly from children through our Sites. We request that children do not use our Sites or provide any information to us through our Sites or otherwise, unless we have first obtained a parent or guardian’s consent.
10. NOTICE TO HEALTHCARE PROFESSIONALS AND STAFF
NOTICE TO HEALTHCARE PROFESSIONALS
BeiGene is committed to respecting and protecting the privacy of personal information related to health care professionals and other medical professionals such as pharmacists, statisticians, staff and other representatives of medical offices, hospitals and academic and medical centers with whom we interact (altogether, “HCPs”).
A. PERSONAL INFORMATION WE MAY PROCESS
BeiGene may collect your personal information when:
- You interact with BeiGene staff members or representatives;
- You participate in, or request to be considered for, BeiGene-related activities, such as clinical trials, compassionate use programs, advisory boards or consultancies;
- You register for a BeiGene-sponsored event;
- You contact us regarding medical information, safety, quality or other matters; and
- Our service providers or collaborators share information about you with us in compliance with applicable privacy laws.
BeiGene may collect a number of types of personal information about you, depending on our relationship and interactions. For HCPs, we may process:
- General information such as name, initials, postal and/or email address, phone number, date of birth, sound recordings, payment-related information and government-issued identification (e.g., driver’s license, medical license, NPI or tax ID number);
- Professional information such as job title, employment status, educational information, professional qualifications and licenses, work experience, professional networks, affiliates, programs and activities, publications, awards and influence rankings (we request that information on CVs or otherwise provided to us be relevant to our relationship or interactions);
- Commercial information, including prescription data;
- Internet activity information generated from use of our Sites, such as information about your interaction with our Sites;
- Information relating to your past collaborations with us and your interactions with our sales representatives or medical staff;
- Payment information related to payments and services provided, travel and expenses, tax-related information, financial disclosures and other information collected for regulatory and transparency reporting purposes, or if utilized to pay you for services or reimburse your expenses, financial and banking information;
- Assessment information such as internal assessments, evaluations, feedback, classifications or performance ratings of your professional activities and outcomes; and
- Other information needed for our relationship or interactions, required by laws, our service providers or collaborators, or voluntarily provided by you, our service providers or collaborators, such as the information you provide in contracts and queries you make to us, communicating preferences, and if provided, information about dietary preferences and other personal information.
B. SOURCES OF INFORMATION
In most cases, we collect your personal information directly from you, although sometimes we obtain information about you from alternative sources including, but not limited to: our research partners and collaborators, publicly accessible sources (such as websites, social media and other digital platforms, publication databases, journals, societies, editorial board websites, national registries, professional directories and third party healthcare professional databases), or third party vendors and service providers acting on our behalf.
11. GENERAL CALIFORNIA PRIVACY NOTICE
The CCPA gives California consumers the right to know what personal information is collected about them, how it will be used and to whom it is disclosed. Depending on the context in which we collected your personal information, you may have the right under the CCPA to request that we:
- Identify the personal information we have collected, used, disclosed and sold about you in the last 12 months,
- Delete the personal information that we have collected about you, and
- Do not sell your personal information.
You also have the right to be free from unlawful discrimination for exercising your rights.
Please note that some of the personal information that we collect, use and disclose may be exempt from the CCPA because it is regulated by other Federal and state laws that apply to BeiGene.
Submitting a Request
You can submit your request by completing the form on our California Privacy Requests page, sending us an email at email@example.com, by calling us toll-free at (888) 344-1789 or via another method described at the time we collect your information. If you request that we identify your personal information or delete it, we will need to take steps to verify your identity. This may include, for example, providing us with information that we can use to match the information we have on file. In certain cases, we may need to deny your request because we cannot verify your identity or a legal exception applies.
You may designate an authorized agent to exercise your rights on your behalf. In such case, we will also need to verify your agent’s identity and obtain proof of your authorization. We may need to deny a request from an agent whose identity or authorization we cannot verify.
Information BeiGene Collects
The personal information we collect from you depends on the nature of our interaction with you. It may include the categories of personal information that we have collected in the past 12 months, as described in our California Data Collection Summary.
12. NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND JURISDICTIONS WITH SIMILAR DATA PROTECTION LAWS
We are required to comply with the European Union General Data Protection Regulation (“GDPR”) and similar applicable local laws with regard to certain personal information we collect. The data controllers of your personal information are the BeiGene entities referenced when we collect your personal information. Please contact us if you have any questions about the controller or controllers of your personal information.
We collect and process your personal information in reliance on one or more of the following lawful bases:
- You have provided consent (in which case, such consent can be withdrawn at any time);
- Our processing is necessary to comply with our contractual obligations to you;
- Our processing is necessary for our compliance with a legal obligation;
- Our processing is necessary to protect the vital interests of an individual;
- Our processing is in the public interest; or
- Our processing is in BeiGene’s legitimate interest, e.g., for scientific research and development purposes; to facilitate relationships and interactions with BeiGene collaborators, service providers and visitors; for the improvement of our products, programs, services and Sites; to provide security measures to protect our employees, contractors, patients, information and other assets; toand prevent crime (such as fraud, financial crime and theft of intellectual and industry property); and to ensure the integrity of our operations.
We process special categories of information (e.g., sensitive information that reveals racial or ethnic origin or genetic, biometric and health information) only where you give us your explicit consent, or when our processing is for scientific research purposes, necessary to meet a legal or regulatory obligation, in connection with the establishment, exercise or defense of legal claims, or is otherwise expressly permitted by law.
If we need to collect your personal information by law or under the terms of a contract we have with you and you do not provide the requested information, we may not be able to perform the contract we have, or are trying to enter into, with you.
BeiGene is a multi-national company with offices in the United States, China, Switzerland, Australia and elsewhere. BeiGene may transfer or provide access to your personal information to affiliates, service providers or collaborators in countries that do not provide the same level of protection as your own region. When we do so, we rely on safeguards such as your consent, or model contracts in a form approved by the EU Commission. For information on the model contracts, please visit: http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm. For more information about BeiGene’s use of the model contracts, contact firstname.lastname@example.org.
Under the GDPR, you have the following rights with regard to the personal information we collect and maintain about you:
Rights you may have under the GDPR with regard to the personal information we collect and maintain about you are described in Section 14 below.
- Essential cookies, which allow us to manage and deploy content on our Sites, and
- Analytics cookies, which are used to collect information about how visitors use our Sites. We use the information to compile reports and to help us improve the website. The cookies collect information in a way that does not directly identify anyone, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited. Google's overview of privacy practices and data safeguards is available at: https://support.google.com/analytics/answer/6004245.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org. To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.
We do not track our website users over time and across third party websites to provide targeted advertising. At this time, we do not respond to “Do Not Track” signals from your web browser due to the lack of an established industry standard. For more information about “Do Not Track” signals, please visit https://allaboutdnt.com/.
14. YOUR CHOICES AND RIGHTS
You may choose not to provide your personal information to us; however, in doing so, you may not be able to continue your relationship or interactions with us or use certain services, e.g., patient support services.
At any time, you can choose to opt out from our marketing communications by using the unsubscribe feature in any marketing email you have received. If you unsubscribe from marketing, we may still send you email communications that are relationship or transactional in nature.
Under certain laws such as the GDPR or China’s Cybersecurity Law (including its implementing regulations and national standards), you may have the following rights with respect to your personal information:
- Your right of access. You may have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information we process.
- Your right to rectification. You may have the right to ask us to rectify information you think is inaccurate and the. You also have the right to ask us to complete information you think is incomplete. This right always applies.
- Your right to erasure. You may have the right to ask us to erase your personal information in certain circumstances.
- Your right to restriction of processing. You may have the right to ask us to restrict the processing of your information in certain circumstances.
- Your right to object to processing. You may have the right to object to processing if we are able to process your information because the process forms part of our public tasks, or is in our legitimate interests.
- Your right to data portability. This only applies to information you have given us. You may have the right to ask that we transfer the information you gave us from one organization to another, or give it to you. The right only applies if we are processing information based on your consent or under a contract, or in talks about entering into a contract and the processing is automated.
- Right to lodge a complaint to your local regulatory authorities. If you believe that BeiGene has processed information in a manner that is unlawful or breaches your rights, or has infringed applicable laws, you have the right to complain directly to your local regulatory authority. Without limiting any rights to complain directly to an authority, we are committed to protecting personal information, and complaints may be made directly to us.
- Right to withdraw your consent. If we process your personal information based on your consent, you have the right to withdraw your consent.
- Right to close your account. If you receive our services through online accounts, you have the right to close your accounts. We will then delete or anonymize your personal information associated with your accounts, unless otherwise permitted under applicable laws.
Rights of California residents under the California Consumer Privacy Act of 2018 are described in Section 11 above.
Please contact the Data Protection Officer at email@example.com if you wish to exercise your rights. We will respond to your requests within a time period in compliance with applicable laws. We will notify you if we need to deny your request to exercise your rights (because, for example, an exception applies), or if we need to charge you a fee.
15. CONTACTING US
We will endeavor to respond to your request as soon as reasonably possible in compliance with applicable laws.
To protect your privacy and security, we take reasonable steps to verify your identity before granting access or making corrections. Note that despite any requested removal of or change to your information there may be residual information that will remain within our databases and other records.
We strive to accommodate all individuals regardless of disabilities. If you need to receive the information contained in this document in a different format, please contact us at firstname.lastname@example.org.