We collect and use your data to validate, handle and respond to your request, and to fulfil our accountability requirements arising from the General Data Protection Regulation or other data protection legislations.
Data Protection Statement for Data Subject Request
As an individual contacting us with a request regarding your rights as a data subject under the General Data Protection Regulation (GDPR) or other applicable data protection laws, Fresenius Kabi AG (“we”) will collect and use certain personal data from you.
This data protection statement informs you about the processing of personal data when making a data subject request.
Please be aware that we also may process your personal data in other contexts, e.g. when you visit our website, when you are a business contact for products or services, when you interact with us in your capacity as a healthcare professional or if you report an adverse reaction. Please see the specific information on the processing of your personal data in such situations.
We may collect and use your personal data in the following situations:
Information you provide to us
We collect and use the data you provide to us. The exact amount and kind of data depends on what information you include in your request and what type of request you submit. Such data includes:
- First and last name
- Gender
- Contact and address information, including address, e-mail address, phone number, fax number
- Country of residence
- Information on your relationship with Fresenius Kabi and its entities
- Your request
- Data needed to identify yourself
We process your personal data on the following legal basis:
- The processing of your personal data is necessary for us in order to comply with a legal obligation, we are subject to (Art. 6.1 c GDPR). We are legally obliged to respond to your request and to process your personal data accordingly
- 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 the interests or fundamental rights and freedoms of the data subject which require protection of personal data (Art. 6.1 f GDPR). More specifically, these legitimate interests are the establishment, exercise or defense of legal claims
- The processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity (Art. 9.2 f GDPR)
We collaborate with other organizations to achieve our purposes. Therefore, we may send your personal data in parts or as a whole to other organizations.
Such recipients are:
- Other Fresenius Group companies if such a transfer of personal data is required for the specific purpose, or that may be interested in working with you.
- Service providers which process personal data 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 data 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
- 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 data in parts or as a whole to Fresenius Group recipients or our service providers other international organizations in countries, which are not member states of the European Union, for the purposes listed above.
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 data to a degree that equals the level of data protection in the European Union.
Safeguards used are:
- For the exchange of data within our company: our Binding Corporate Rules for Controllers
- For the exchange of data with our service providers and other international organizations: Standard Contractual Clauses that have been issued by the European Commission
You can obtain a copy of these Standard Contractual Clauses and our Binding Corporate Rules online, or upon request.
We store your personal data until we have responded to your request. Afterwards, the respective personal data shall be blocked (i.e. we block your data for all other purposes) until the end of the respective statute of limitation for corresponding legal claims. After the end of this status of limitation (after four years), your data will be erased entirely.
If longer retention periods apply after the time periods listed above (e.g., because we are obliged to store the data for tax purposes or civil or criminal proceedings where initiated) our aim also includes that the data will be blocked until the end of the respective retention period and then erased.
Depending on the situation you have certain rights regarding your personal data. You have the right to:
- Request access to your personal data
- Request rectification of your personal data
- Request erasure of your personal data
- Request the restriction of processing of your personal data
- Data portability
- Object on grounds specific to your situation
You can exercise these rights online by using the data protection contact form.
Requirements to provide personal data
If you do not provide your personal data, the website will not work, and we may not be able to respond to or properly process your request.
Changes to this data protection statement
As our collection and use of your data may change over time, we may also modify this data protection statement to always correctly reflect our data processing practices. We encourage you to review it from time to time.
The controller and responsible entity for processing of personal data is:
Echelon Institutional Area
Plot No-11, Sector - 32
Gurgaon
Pin code - 122001
Haryana, India
We collect and use your data 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 data in the following situations:
Information you provide to us
We collect your personal data depending on the different types of interaction you have with us. Such personal data 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 data, we process your personal data on one or more of the following legal bases:
- The processing of your personal data is necessary for the performance of a contract (to be) concluded between you and us (Art. 6.1 b, GDPR)
- The processing of your personal data is necessary for us in order to comply with a legal obligation we are subject to (Art. 6.1 c GDPR). 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 data (Art. 6.1 f, GDPR). 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 data (Art. 6.1 a GDPR)
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 Local Data Privacy Advisor.
Weecollaborate with other organizations to achieve our purposes. Therefore, we may send your personal data 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 data is required for the specific purpose, or that may be interested in working with you .
- Service providers which process personal data 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 data 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 data in parts or as a whole to Fresenius Group recipients or our service providers other international organizations in countries, which are not member states of the European Union, for the purposes listed above.
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 data to a degree that equals the level of data protection in the European Union.
Safeguards used are:
- For the exchange of data within our company: our Binding Corporate Rules for Controllers
- For the exchange of data with our service providers and other international organizations: Standard Contractual Clauses that have been issued by the European Commission
You can obtain a copy of these Standard Contractual Clauses and our Binding Corporate Rules online, or upon request.
The personal data 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.
Requirements to provide personal data
Your personal data is required to make the website accessible to you and to be able to follow up on your inquiry.
If you do not provide your personal data, the website will not work, and we may not be able to respond to or properly process your request.
Changes to this data protection statement
As our collection and use of your data may change over time, we may also modify this data protection statement to always correctly reflect our data processing practices. We encourage you to review it from time to time.
Depending on the situation you have certain rights regarding your personal data. You have the right to:
- Request access to your personal data
- Request rectification of your personal data
- Request erasure of your personal data
- Request the restriction of processing of your personal data
- Data portability
- Object on grounds specific to your situation
You can exercise these rights online by using the data protection contact form.
Requirements to provide personal data
Your personal data is required to make the website accessible to you and to be able to follow up on your inquiry.
If you do not provide your personal data, the website will not work, and we may not be able to respond to or properly process your request.
Changes to this data protection statement
As our collection and use of your data may change over time, we may also modify this data protection statement to always correctly reflect our data processing practices. We encourage you to review it from time to time.
The controller and responsible entity for processing of personal data is:
Echelon Institutional Area
Plot No-11, Sector - 32
Gurgaon
Pin code - 122001
Haryana, India
