ClinArk Inc. is committed to protecting and respecting your privacy and Personal Information, meaning any information about you which is personally identifiable that we may collect from you or other sources.
This privacy statement (the "Privacy Statement") describes how we collect and process your Personal Information; how we use and protect this information; and your rights in relation to your Personal Information.
This Privacy Statement is dated January 25, 2020.
Collecting Your Information Directly from You
We will collect Personal Information that is voluntarily submitted by you and which can be used by us to identify and contact you, including:
- Personal details (full name, signature including e-signature)
- Contact details (e.g. your telephone number, email address, postal address, pager number, fax number)
- Information relevant to your suitability for conducting clinical trials (e.g. CV/resume details, job title, institution details, professional qualifications, specialty, educational history, clinical trial experience and performance history, conflicts of interests or potential conflicts in relation to your participation in particular clinical trials (if relevant))
Collecting Your Information from Other Sources (applies to doctors)
We will also collect the following categories of Personal Information from public registries, subscription databases, central IRBs, and Sponsors:
- Personal details (full name)
- Contact details (your telephone number, fax number, email address and postal address)
- Information relevant to your suitability for providing your services (job title, institution details, professional qualifications, specialty, educational history, performance history)
We may enhance or merge your Personal Information with data obtained from third parties for the same purposes for which we use your Personal Information and to assess whether you and your institution may be suitable for clinical trials.
How We Will Use Your Personal Information
We will use your Personal Information for the following purposes:
- Identification and authentication: we use your identification information to verify your identity when you conduct clinical trials, and to maintain the security of your Personal Information. We use your Personal Information for this purpose so that we can comply with our contractual obligations to you, including to confirm your ability to provide your services.
- Communicating with you: we will use any of the categories of your Personal Information when we communicate with you, for example if we wish to contact you further regarding clinical trial opportunities, or if you contact us with questions. It is in our legitimate interests to be able to provide you with appropriate responses. It is in our legitimate interests to be able to notify you of clinical trials for which you may be suitable and this allows us to fulfill our contractual obligations to you in this regard.
- Database: we will add your Personal Information to our database and use it, in accordance with your preferences, to identify and notify you of clinical trial opportunities. In addition, this allows us to fulfill our contractual obligations to you so that we can identify and notify you of clinical trials that may be suitable for you.
- Future clinical trials: we will collect and use your contact information and information about your performance to help evaluate clinical studies, investigators, and institutions to be considered and contacted for future clinical trials. For these purposes, your Personal Information may be disclosed to ClinArk's affiliates and third parties that conduct clinical research trials.
- Exercising our rights: we will use any of the categories of your Personal Information to exercise our legal rights where it is necessary to do so, for example to detect, prevent and respond to fraud claims, intellectual property infringement claims or violations of law or the contract that we have with you. It is in our legitimate interests to use your Personal Information for these purposes.
When we process Personal Information to meet our legitimate interests (including for the purposes of communicating with you and exercising our rights as set out above), we balance these against your fundamental rights and freedoms and put in place safeguards to protect your privacy.
Your Rights Over Your Personal Information
You have certain rights regarding your Personal Information, subject to local law. These include the following rights to:
- access your Personal Information;
- rectify the Personal Information we hold about you;
- erase your Personal Information;
- restrict our use of your Personal Information;
- object to our use of your Personal Information;
- receive your Personal Information in a usable electronic format and transmit it to a third party (right to data portability); and
- lodge a complaint with your local data protection authority.
We encourage you to contact us to update or correct your Personal Information if it changes or if the Personal Information we hold about you is inaccurate. Please note that we will likely require additional information from you in order to honor your requests.
Please note that should you request that your Personal Information be deleted you may continue to receive materials for a short period while we are updating our lists. Your records will then be permanently deleted from our investigator database.
Where we have obtained your consent to process your Personal Information, you have the right to withdraw such consent at any time by contacting us using the details under the section "Contact Us" below.
If you would like to discuss or exercise such rights, please contact us at the details below.
Worldwide Transfer of your Personal Information
Your Personal Information may be transferred to, stored, and processed in a country other than the one in which it was provided. When we do so, we transfer the information in compliance with applicable data protection laws. Where the transfer is to a recipient located in a country outside the EEA (and such recipient is not subject to data protection laws recognized by the European Commission to provide for an adequate level of data protection) we use the European Commission's approved Standard Contractual Clauses or other lawful mechanisms. If you wish to see a copy of the relevant mechanism that we use to transfer your Personal Information, please contact us using the contact details set out below.
We may share your Personal Information with third parties under the following circumstances:
- Agents, contractors and business partners: we may share your Personal Information with agents, contractors or business partners of ClinArk that are based locally or abroad in connection with services that these individuals or entities perform for, or with, ClinArk. These agents, contractors or business partners are restricted from using this information other than to provide services for ClinArk, or services for the collaboration in which they and ClinArk are engaged. We may, for example, provide your information to agents, contractors or partners for hosting our databases, or for data processing services such as data analytics, or so that they can mail you the information that you requested.
- Affiliates and subsidiaries: We will share your Personal Information with our affiliates and subsidiaries for the purpose of identifying skills, facilities and any other information relevant to the performance of services for clinical trials being conducted by ClinArk and/or its affiliates on behalf of its sponsor(s).
- Sponsors: we may share your Personal Information with sponsors of clinical trials to identify skills, facilities and any other information relevant to carry out clinical trials, including compliance with contractual obligations.
- Law enforcement agencies, courts, regulators (including health regulatory authorities), government authorities, IEC, auditors or other third parties based locally or abroad: we may share your Personal Information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
- Asset purchasers: we may share your Personal Information with any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to make sure that the entity to which we transfer your Personal Information uses it in a manner that is consistent with this Privacy Statement. It is in our legitimate interests to share your Personal Information in connection with a corporate transaction involving our assets and business. When we share your Personal Information to meet such legitimate interests, we balance these against your fundamental rights and freedoms and put in place safeguards to protect your privacy.
Information Security and Storage
We implement technical and organizational measures appropriate to the risk to the Personal Information we process. These measures are aimed at protecting the on-going integrity and confidentiality of Personal Information. We evaluate these measures on a regular basis to confirm the security of the processing.
We will keep your Personal Information for as long as we have a relationship with you and for any regulatory period associated with the purpose for collecting your Personal Information. We will keep your Personal Information for a period of 10 years in our investigator database for the purposes of assessing whether you are suitable for future clinical trial opportunities and notifying you of those opportunities. When deciding how long to keep your Personal Information, we will retain your Personal Information for a period of time that enables us to:
- Maintain business records for analysis and/or audit purposes;
- Comply with record retention requirements under the law;
- Comply with contractual obligations;
- Defend or bring any existing or potential legal claims;
- Respond to any complaints regarding the services provided by you;
We will delete your Personal Information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent further processing or use of the data.
ClinArk Inc. is based in the United States and is the controller responsible for the Personal Information that it collects and processes.
If you have any questions or concerns regarding the way in which your Personal information has been used, please contact us at email@example.com
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to your local data protection authority.
Updates and Changes
You may request a copy of this Privacy Statement from us using the contact details set out above. We may modify or update this Privacy Statement from time to time.
If we change this Privacy Statement, we will notify you of the changes. Where changes to this Privacy Statement will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights.