PRIVACY POLICY
1. This Privacy Policy sets forth the rules for the processing of personal data obtained through the www.solpharm.pl website (hereinafter referred to as the “Website”).
2. The owner of the Internet Service and, at the same time, the data administrator is SOLPHARM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, headquartered in Marki (05-270), ul. Zakątek 1, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIV Business Department of the National Court Register under KRS number 0000118774, with share capital of PLN 445,500, NIP: 1132389745, REGON: 015174398, hereinafter referred to as SOLPHARM SP. Z O.O.. BDO number – 000034692.
3. Personal data collected by SOLPHARM SP. Z O.O. via the Website are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), also known as RODO.
4. SOLPHARM SP. Z O.O. takes special care to respect the privacy of Users visiting the Website.
§ 1 Type of data processed, purposes and legal basis
1. SOLPHARM SP. Z O.O. collects information on natural persons performing a legal action not directly related to their activity, natural persons conducting business or professional activity on their own behalf, and natural persons representing legal persons, or organizational units which are not legal persons and are granted legal capacity by law, hereinafter collectively referred to as Users.
2. Users’ personal information is collected in the case of:
a) Use of the contact form service on the Website in order to perform the contract provided electronically. Legal basis: necessary to perform the contract for the provision of the contact form service (Article 6(1)(b) RODO);
b) use of the service of the form “report an adverse reaction” to report an adverse reaction to a medicinal product” – Legal basis for processing – personal data are processed on the basis of the law (European Commission Implementing Regulation No. 520/2012 of June 19, 2012; Official Journal of the European Union L159 of June 20, 2012). Legal basis for processing: personal data will be processed on the basis of Article 6(1)(c) of the General Data Protection Regulation of April 27, 2016, i.e. the processing is necessary for the fulfillment of a legal obligation incumbent on the Administrator.
c) Use of the “ report a serious incident” form service to report a serious incident – Legal basis for processing: personal data will be processed under Article 48 of the Medical Devices Act and Article 6(1)(c) of the RODO.
3. When using the contact form service, the User provides the following data:
a) email address;
b) first and last name;
c) phone number.
4. If you use the service of the “report an adverse action” form, you may provide the following data:
a) first and last name;
b) name and surname of the child or other person concerned by the report;
c) information about the patient, including: date of birth, age, gender, weight, height;
d) address (street, house/apartment number, postal code and city);
e) type of medical profession performed (applies to persons performing medical professions);
f) email address;
g) phone number;
h) information about side effects, including: type of symptoms, classification of side effects, information about pregnancy while taking the drug;
i) information about the drugs used, including: drug name, dosage, route of drug administration, date of starting and ending taking the drug, reason for taking the drug;
j) additional information, including: previous reactions to the drug, allergies, other diseases, results of additional tests.
Personal data will be stored for a period of 10 years after the expiry of the marketing authorization for the medicinal product (Commission Implementing Regulation (EU) No 520/2012).
Personal data will be stored for the period indicated in Art. 10 section 3. Act of October 14, 2018 on cosmetic products, i.e. no longer than one year from the completion of verification of the adverse reaction report.
5. When using the “report a serious incident” form, the User may provide the following data:
a) Information about the person reporting the serious incident:
a. status;
b. name and surname;
c.email address;
d. address (street, house/apartment number, postal code and city);
e. Country;
f. phone/fax number.
b) information about the manufacturer:
a. manufacturer name;
b. email address;
c. address (street, house/apartment number, postal code and city);
d. Country;
e. phone/fax number.
c) Authorized representative information:
a. authorized representative name;
b. email address;
c. address (street, house/apartment number, postal code and city);
d. Country;
e. phone/fax number.
d) information about the supplier of the product:
a. name of the product supplier;
b. email address;
c. address (street, house/apartment number, postal code and city);
d. Country;
e. phone/fax number.
e) Product information including: trade name, model or catalog number, serial number(s) and/or series/batch number(s), software version number (if applicable), date production and validity (if applicable), date of implant insertion/removal, period during which the implant remained implanted (if the exact dates of implantation or removal are not known, accessories/accompanying devices (if applicable);
f) Information about the serious incident, including: the reference number of the report assigned by the healthcare provider, if applicable, the date of sending the incident report to the manufacturer/authorized representative/supplier, the date of the incident, the place where the serious incident occurred, a description of the incident, the number of patients whose affected by the incident, number of devices affected by the incident, person using the device at the time of the incident, identification of the use of the device, effects on the patient, remedial/therapeutic actions related to the patient’s care taken by the healthcare provider, age of the patient at the time of the incident, if applicable, gender, if applicable, body weight in kilograms, if applicable.
Personal data will be stored for a period of 10 years.
6. When using the Website, additional information may be downloaded, in particular: the IP address assigned to the User’s computer or the external IP address of the Internet provider, domain name, browser type, access time, operating system type.
7. Navigational data may also be collected from Users, including information about links and references they decide to click or other activities undertaken on the Website. Legal basis – legitimate interest (Article 6(1)(f) of the GDPR), consisting in facilitating the use of services provided electronically and improving the functionality of these services.
8. In order to determine, pursue and enforce claims, some personal data provided by the User as part of using the functionality on the Website may be processed, such as: name, surname, data regarding the use of services, if the claims result from the way in which the User uses the services. , other data necessary to prove the existence of the claim, including the extent of the damage suffered. Legal basis – legitimate interest (Article 6(1)(f) of the GDPR), consisting in determining, pursuing and enforcing claims and defending against claims in proceedings before courts and other state authorities.
9. Transfer of personal data to SOLPHARM SP. Z O.O. is voluntary.
§ 2 INFORMATION CLAUSE CONCERNING THE PROCESSING OF PERSONAL DATA
Drug information
Pursuant to art. 13 section 1 and section 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter GDPR), I inform that:
1. The administrator of your personal data is SOLPHARM SP. z o. o. with its registered office in Marki, 05-270, ul. Corner 1
2. Personal data will be processed in order to answer questions sent to the e-mail address or via the drug information hotline.
The legal basis for processing is Art. 6 section 1 letter a), GDPR – consent of the data subject. The data will be disclosed only to entities servicing the Administrator or its subcontractors and to recipients authorized under the law.
3. Personal data will be processed during the exchange of correspondence, but no longer than 5 years from the date of receipt of the inquiry.
4. The person whose data is processed has the right to: request from the Administrator access to his or her personal data, rectify it, delete or limit the processing of personal data, object to the processing, transfer data, lodge a complaint to the supervisory body – the President of the Personal Data Protection Office, when the processing of personal data violates the provisions of the GDPR.
5. Personal data will not be transferred to third countries and are not subject to automated decision-making, including profiling.
6. Providing personal data is voluntary, but necessary to achieve the purpose of processing.
§ 3 INFORMATION CLAUSE CONCERNING THE PROCESSING OF PERSONAL DATA
for persons authorized to issue prescriptions
1. Pursuant to Art. 13 section 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter GDPR), we would like to inform you that that the administrator of your personal data is Solpharm Spółka z ograniczoną odpowiedzialnością with its registered office in Marki, ul. Zakątek 1, 05-270 Marki.
2. Personal data will be processed for two purposes:
a) dissemination of free samples of medicines and the resulting obligation of the Administrator to keep records of donated samples of medicinal products. Providing this data is mandatory and results from the Pharmaceutical Law Act of September 6, 2001, as amended (including Article 54(3)) and the Regulation of the Ministry of Health on the advertising of medicinal products of November 21, 2008.
b) providing educational and training materials to persons authorized to issue prescriptions. Providing this data is voluntary.
3. The basis for the processing of your data for the purpose described in point 2 a) is the Pharmaceutical Law Act of September 6, 2001, as amended (including Article 54(3)) and the Regulation of the Ministry of Health on the advertising of medicinal products of November 21. 2008 and the resulting legal obligation imposed on the Administrator (Article 6(1)(c) of the GDPR).
4. The legal basis for data processing for the purposes described in point 2 b) is the legitimate interest of the Administrator (Article 6(1)(f) of the GDPR), consisting in providing educational materials and scientific information about the medicinal products offered to persons authorized to issue prescriptions.< /div>
5. The data obtained from you may be transferred to public authorities or entities authorized to obtain data under applicable law, e.g. authorities of the State Pharmaceutical Inspection, courts, law enforcement authorities or state institutions, when they make a request based on an appropriate legal basis.< /div>
6. Your data will not be transferred to third countries.
7. Your personal data will be stored for the period required by law, and then for the period necessary to secure any claims.
8. We would also like to inform you that you have:
a) the right to access your personal data;
b) the right to request the rectification of your personal data that is incorrect and the completion of incomplete personal data;
c) the right to request restriction of the processing of your personal data;
d) the right to request the deletion of processed data;
e) the right to object to the processing of your data due to your special situation, in cases where we process your data on the basis of our legally justified interest;
f) the possibility of submitting a complaint to the body supervising compliance with personal data protection regulations.
9. We would like to inform you that we do not use systems for automated decision-making.
§ 4 Who is the data shared or entrusted with and how long is it stored?
1. The User’s personal data is transferred to service providers used by SOLPHARM SP. Z O.O. when running the Website. Service providers to whom personal data are transferred, depending on contractual arrangements and circumstances, or are subject to the instructions of SOLPHARM SP. Z O.O. as to the purposes and methods of processing this data (processors), or they independently determine the purposes and methods of processing (administrators).
a) Processors. SOLPHARM SP. Z O.O. uses suppliers who process personal data only at the request of SOLPHARM SP. Z O.O.. These include, among others: suppliers providing hosting services, accounting services, providing marketing systems, systems for analyzing traffic on the Website, systems for analyzing the effectiveness of marketing campaigns;
b) Administrators. SOLPHARM SP. Z O.O. uses suppliers who do not act solely on instructions and determine the purposes and methods of using Users’ personal data themselves.
2. Location. Service providers are based in Poland and other countries of the European Economic Area (EEA).
3. Users’ personal data are stored:
a) If the basis for the processing of personal data is consent, then the User’s personal data are processed by SOLPHARM SP. Z O.O. until the consent is revoked, and after the consent is revoked, for a period of time corresponding to the limitation period for claims that may be raised by SOLPHARM SP. Z O.O. and what may be brought against him. Unless a specific provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business – three years.
b) If the basis for data processing is the performance of a contract, then the User’s personal data are processed by SOLPHARM SP. Z O.O. for as long as it is necessary to perform the contract, and thereafter for a period corresponding to the limitation period for claims. Unless a specific provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business – three years.
4. Navigation data may be used to provide Users with better service, analyze statistical data and adapt the Website to Users’ preferences, as well as administer the Website.
5. If a request is made to SOLPHARM SP. Z O.O. provides personal data to authorized state authorities, in particular organizational units of the Prosecutor’s Office, the Police, the President of the Personal Data Protection Office, the President of the Office of Competition and Consumer Protection or the President of the Office of Electronic Communications.
§ 5 Cookie mechanism, IP address
1. The website uses small files called cookies. They are saved by SOLPHARM SP. Z O.O. on the end device of the person visiting the Website, if the web browser allows it. A cookie file usually contains the name of the domain from which it comes, its “expiration time” and an individual, randomly selected number identifying this file. Information collected using this type of files helps adapt the products offered by SOLPHARM SP. Z O.O. to the individual preferences and actual needs of people. visitors to the Website. They also enable the development of general statistics of visits to the presented products on the Website.
2. SOLPHARM SP. Z O.O. uses two types of cookies:
a) Session cookies: after ending the browser session or turning off the computer, the saved information is deleted from the device’s memory. The session cookies mechanism does not allow downloading any personal data or any confidential information from Users’ computers.
b) Persistent cookies: they are stored in the memory of the User’s end device and remain there until they are deleted or expire. The persistent cookies mechanism does not allow downloading any personal data or any confidential information from the Users’ computer.
3. SOLPHARM SP. Z O.O. uses its own cookies for the following purposes:
a) analyzes and research as well as audience audits, in particular to create anonymous statistics that help understand how Users use the Website, which allows improving its structure and content.
4. SOLPHARM SP. Z O.O. uses external cookies for the following purposes:
a) presentation on the information pages of the Website of a map indicating the location of the SOLPHARM SP office. Z O.O., via the website maps.google.com (external cookie administrator: Google Inc based in the USA);
b) presentation of the Rzetelny Regulations Certificate via the website dziennikyregulamin.pl (administrator of external cookies: Rzetelna Grupa sp. z o. o. based in Warsaw).
5. The cookie mechanism is safe for the computers of the Website Users. In particular, it is not possible to get viruses or other unwanted software or malware to Users’ computers this way. However, in their browsers, Users have the option of limiting or disabling access to cookies on their computers. If you use this option, you will be able to use the Website, except for functions that by their nature require cookies.
6. Below we present how you can change the settings of popular web browsers regarding the use of cookies:
a) Internet Explorer browser;
b) Microsoft EDGE browser;
c) Mozilla Firefox browser;
d) Chrome browser and Chrome Mobile;
e) Safari browser and Safari Mobile;
f) Opera browser.
7. SOLPHARM SP. Z O.O. may collect Users’ IP addresses. An IP address is a number assigned to the computer of a person visiting the Website by the Internet service provider. The IP number allows you to access the Internet. In most cases, it is assigned to the computer dynamically, i.e. it changes every time you connect to the Internet. The IP address is used by SOLPHARM SP. Z O.O. when diagnosing technical problems with the server, creating statistical analyzes (e.g. determining from which regions we receive the most visits), as information useful in administering and improving the Website, as well as for security purposes and possible identification of undesirable automatic content viewing programs that burden the server Website.
8. The Website contains links and references to other websites. SOLPHARM SP. Z O.O. is not responsible for the privacy policies applicable to them.
§ 6 Rights of data subjects
1. The right to withdraw consent – legal basis: art. 7 section 3 GDPR.
a) The User has the right to withdraw any consent given to SOLPHARM SP. Z O.O.
b) Withdrawal of consent takes effect from the moment of withdrawal.
c) Withdrawal of consent does not affect the processing carried out by SOLPHARM SP. Z O.O. in accordance with the law before its withdrawal.
d) Withdrawal of consent does not entail any negative consequences for the User, but may prevent further use of services or functionalities which, in accordance with the law of SOLPHARM SP. Z O.O. can only testify with consent.
2. The right to object to data processing – legal basis: art. 21 GDPR.
a) The User has the right to object at any time – for reasons related to his particular situation – to the processing of his personal data, including profiling, if SOLPHARM SP. Z O.O. processes his data based on legitimate interest, e.g. marketing of SOLPHARM SP. products and services. Z O.O., keeping statistics on the use of individual functionalities of the Website and facilitating the use of the Website, as well as satisfaction surveys.
b) Resignation by e-mail from receiving marketing messages regarding products or services will mean the User’s objection to the processing of his personal data, including profiling for these purposes.
c) If the User’s objection turns out to be justified and SOLPHARM SP. Z O.O. will have no other legal basis for the processing of personal data, the User’s personal data will be deleted, the processing of which the User has objected to.
3. The right to delete data (“right to be forgotten”) – legal basis: art. 17 GDPR.
a) You have the right to request the deletion of all or some of your personal data.
b) The user has the right to request the deletion of personal data if:
a. the personal data are no longer necessary in relation to the purposes for which they were collected or processed;
b. withdrew specific consent to the extent that personal data were processed based on his consent;
c. objected to the use of his data for marketing purposes;
d. personal data are processed unlawfully;
e. personal data must be deleted in order to comply with the legal obligation provided for in Union law or the law of the Member State to which SOLPHARM SP. Z O.O. subject to;
f. personal data were collected in connection with the offering of information society services.
c) Despite the request to delete personal data, in connection with raising an objection or withdrawing consent, SOLPHARM SP. Z O.O. may retain certain personal data to the extent that processing is necessary to establish, pursue or defend claims, as well as to fulfill a legal obligation requiring processing under Union law or the law of a Member State to which SOLPHARM SP is subject. Z O.O.. This applies in particular to personal data including: name, surname, e-mail address, which data is retained for the purposes of considering complaints and claims related to the use of the services of SOLPHARM SP. Z O.O., or additionally the residential address/correspondence address, order number, which data is retained for the purposes of considering complaints and claims related to concluded sales contracts or the provision of services.
4. The right to limit data processing – legal basis: art. 18 GDPR.
a) The user has the right to request restriction of the processing of his or her personal data. Submitting a request, until it is considered, prevents the use of certain functionalities or services, the use of which will involve the processing of the data covered by the request. SOLPHARM SP. Z O.O. it will not send any messages, including marketing ones.
b) The user has the right to request the restriction of the use of personal data in the following cases:
a. when you question the accuracy of your personal data – then SOLPHARM SP. Z O.O. limits their use for the time needed to check the accuracy of the data, but no longer than 7 days;
b. when data processing is unlawful and instead of deleting the data, the User requests restriction of their use;
c. when personal data are no longer necessary for the purposes for which they were collected or used, but they are needed by the User to establish, pursue or defend claims;
d. when he/she has objected to the use of his/her data – then the limitation is for the time needed to consider whether – due to the special situation – the protection of the User’s interests, rights and freedoms outweighs the interests pursued by the Administrator by processing the User’s personal data.
5. Right to access data – legal basis: art. 15 GDPR.
a) The User has the right to obtain confirmation from the Administrator whether or not personal data is processed, and if this is the case, the User has the right to:
a. access your personal data;
b. obtain information about the purposes of processing, categories of personal data processed, about the recipients or categories of recipients of this data, the planned period of storage of the User’s data or about the criteria for determining this period (when it is not possible to determine the planned period of data processing), about the rights The user under the GDPR and the right to lodge a complaint with the supervisory authority, about the source of this data, about automated decision-making, including profiling, and about the safeguards used in connection with the transfer of this data outside the European Union;
c. obtain a copy of your personal data.
6. The right to rectify data – legal basis: art. 16 GDPR.
a) The User has the right to request the Administrator to immediately correct any incorrect personal data concerning him/her. Taking into account the purposes of processing, the User whose data concerns has the right to request that incomplete personal data be completed, including by providing an additional statement, sending a request to the e-mail address in accordance with §7 of the Privacy Policy.
7. The right to transfer data – legal basis: art. 20 GDPR.
a) The User has the right to receive his personal data that he provided to the Administrator and then send them to another personal data administrator of his choice. The User also has the right to request that personal data be sent by the Administrator directly to such an administrator, if technically possible. In such a case, the Administrator will send the User’s personal data in the form of a file in the csv format, which is a commonly used, machine-readable format that allows sending the received data to another personal data administrator.
8. If the User exercises the rights arising from the above rights, SOLPHARM SP. Z O.O. complies with the request or refuses to comply with it immediately, but no later than within one month after receiving it. However, if – due to the complicated nature of the request or the number of requests – SOLPHARM SP. Z O.O. will not be able to fulfill the request within a month, it will fulfill it within the next two months, informing the User within one month of receiving the request – about the intended extension of the deadline and its reasons.
9. The User may submit to the Administrator complaints, inquiries and requests regarding the processing of his personal data and the exercise of his rights.
10. The User has the right to demand from SOLPHARM SP. Z O.O. providing a copy of standard contractual clauses by sending an inquiry in the manner indicated in §7 of the Privacy Policy.
11. The User has the right to lodge a complaint with the President of the Office for Personal Data Protection regarding a violation of his rights to the protection of personal data or other rights granted under the GDPR.
§ 7 Changes to the Privacy Policy
1. The Privacy Policy may change, as informed by SOLPHARM SP. Z O.O. will inform Users 7 days in advance.
2. Please send questions regarding the Privacy Policy to: biuro@solpharm.pl
3. Date last modified: 30/03/2023
