Collection and Processing of your Personal Data - Information Notice
Otsuka Pharmaceutical (H.K.) Limited and its affiliates (“Otsuka”) respects your right to privacy.
The data user of your personal data is Otsuka Pharmaceutical (H.K.) Limited with registration number 617239.
In this Privacy Notice (“Notice”), references to “THE COMPANY”, “we”, “us” and “our” will mean Otsuka Pharmaceutical (H.K.) Limited, having its principal place of business at Rm 1801, 18/F., Lee Garden Three, 1 Sunning Road, Causeway Bay, Hong Kong. THE COMPANY and other Otsuka companies (Hong Kong or overseas) will be referred to collectively as “Otsuka”.
In this Notice, when we refer to personal data, we mean any information that relates to a living individual from which the identity of the individual can be ascertained, directly or indirectly – in this case, you. Your personal data will be processed according to applicable legislation, particularly the Personal Data (Privacy) Ordinance (Cap.486 of the Laws of Hong Kong) (the “Ordinance”). You should read this Notice, so that you know what personal data we collect about you, what we do with it and how you can exercise your rights in connection with it. You should also read any other Notices that we give you, that might apply to our use of your personal data in general or specific circumstances from time to time.
What personal data does Otsuka collect?We may collect personal data about you from a variety of sources, including directly from you: documents or forms that you provide to participate in Otsuka sponsored or supported initiatives, such as clinical research or development activities, or in other contexts; third parties; publicly available sources; CVs and resumes; and online or other databases and websites.
Otsuka may collect and use some or all of the following categories of personal data for the purpose(s) described below:
- Personal details, such as your name, age, gender, and preferred language.
- Contact details: such as your business or personal email, mailing address, telephone and profile on a social media platform
- Professional details, such as your place of practice, job title, the medical field in which you are active, your professional qualifications and scientific activities (such as previous clinical trial experience), professional registration number, medical practitioner number, and participation in past or pending research studies with Otsuka or other companies, publication of academic or scientific research and articles, and membership of relevant associations and boards.
- Financial details such as payment-related information, including tax identification number, if and only if applied
- Travel related and associated identification information such as passport number, driving license number, national ID number and travel preferences, if and only if applied
- Conflicts – circumstances which may create a conflict of interest such as whether you or a family member hold a public office or a position in government and
- Details of interactions with us, such as meetings we have held, topics discussed, your knowledge of and questions you have had on our business and products, what kind of material we have displayed to you, any feedback that you have provided, your opinions and routines on prescribing, preferred communication with us, routines regarding your patients and diagnosis, and similar information. In some circumstances, it will also be necessary to collect your signature.
For what purpose does Otsuka process personal data and what is the legal basis?
We process the personal data listed above for the following purposes and legal bases, which may vary depending on where you live and where we operate:
| Purpose | Legal basis |
|---|---|
| Managing our relationship with you, including planning our (potential) collaboration, arranging visits, meetings and other activities (in-person and virtual), and contacting you for any such purpose. This includes the processing of your personal data in our customer relationship management system, to build a profile about you and better understand your expertise, interests and preferences. Otsuka will not make any decisions about your profile based solely on automated processing and will ensure appropriate safeguards are maintained, in order to preserve your rights and interests. | To develop our business and relationship with you. In some cases, it is obligatory for you to supply personal data and this processing is conditional on you having provided your prior consent. |
| Ensuring that we provide you with information that is relevant given your expertise, interests and preferences. | To manage our business efficiently where we have engaged with you in the past. In some cases it is obligatory for you to supply personal data and processing is conditional on you having provided your prior consent, for example receiving information relating to promotional and/or non-promotional materials according to therapeutic areas through electronic means. |
| Conducting business and market research, to better understand Otsuka products, disease or therapeutic areas and generally improve our understanding of the pharmaceutical landscape. | To better understand our products and the area we both operate in In some cases it is obligatory for you to supply personal data and this processing is conditional on you having provided your prior consent |
| Fulfilling our contractual relationship with you, including the completion of any required due diligence (such as anti-bribery or corruption checks), processing contracts, organizing travel and facilitating the payment of fees and expenses (where relevant). | To manage our contractual relationship where we have a contract or you have requested that we consider executing one with you. In some cases, it is obligatory for you to supply personal data and this processing may be necessary for compliance with a legal obligation |
| Complying with our regulatory, monitoring and reporting obligations, including those related to adverse events, product complaints and patient safety. In some cases, Otsuka may be required to send you specific communications related to these topics. | To comply with a legal obligation In some cases it is obligatory for you to supply personal data and this processing is conditional on you having provided your prior consent |
Moreover, Otsuka may also offer mobile apps, provide access to websites, special programs, activities, events or promotions or may sponsor clinical trials (“Initiatives”) that may have unique or additional specific terms, Notices and/or consent forms that explain how any information you provide will be processed in connection with those Initiatives.
Before and after we have entered into an agreement with you, or where we have a legal and/or regulatory reporting obligation, the provision of your personal data is obligatory. If your personal data is not provided, we cannot interact with you or enter into any agreement with you.
To whom does Otsuka share your personal data with?
We disclose your personal data to the following categories of recipients:
- our group companies, third party services providers and partners (located in Hong Kong or overseas) who provide data processing services to us, or who otherwise process personal information for purposes that are described in this Notice or notified to you when we collect your personal data;
- any competent law enforcement body, regulatory, trade association, government agency, court or other third parties where we believe disclosure is necessary (i) as a matter of applicable law or regulation [(i.e., disclosure reporting)], (ii) to exercise, establish or defend our legal rights (on the basis of our interest in the defense of our rights), or (iii) to protect your vital interests or those of any other person;
- a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal data only for the purposes disclosed in this Notice (on the legal basis of our legitimate interest in ensuring the business operation);
- any other person with your consent to the disclosure.
These recipients of your personal data may be acting on our behalf or as data users, in their own right.
How does Otsuka keep my personal data secure and accurate?
We use appropriate technical and organizational measures to protect the personal data that we collect and process about you and to regularly check and update the personal data to ensure that the data is accurate for the purpose for which it is or will be used. The measures we use are designed to provide a level of security appropriate to the categories of personal data processed. As far as accuracy is concerned, if personal data contains a statement of opinion, we will take all reasonably practicable steps to ensure that any facts quoted in support thereof are correct.
International data transfers
We may transfer your personal data to other Otsuka group companies, service providers and partners located outside of Hong Kong, for example in the USA or Japan.
Please note that some countries outside of Hong Kong, may not provide the same level of protection for your personal data as within Otsuka Pharmaceutical (H.K.) Limited. Where we transfer your personal data outside of Otsuka Pharmaceutical (H.K.) Limited, we ensure that appropriate safeguards are put in place and that all transfers of your personal data comply with applicable data protection laws.
To find out more about how we safeguard your information in relation to data transfers outside Otsuka Pharmaceutical (H.K.) Limited, please contact us using the details in the ‘How to contact us?’ section below.
How long will your information be kept?
We retain personal data we collect from you for as long as necessary where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will isolate it from any further processing until deletion is possible.
Where you have entered into a contract with Otsuka, we will retain your personal data for the duration of the contract and, beyond that, until both the periods for which (i) the applicable laws require the data to be kept and (ii) the statutes of limitation of any actions for which such data or the documents containing them may be relevant, have elapsed.
Your rights
You have rights which apply to our use of your personal data. The availability of these rights depends upon our lawful basis for processing your personal data and your rights may also be subject to certain conditions and restrictions. These rights are:
| Right | What does this mean? |
|---|---|
| The right to be informed | You have the right to be provided with clear, transparent and easily understandable information about how your information is used and your rights. This is provided in this Notice. |
| The right of access | You have the right to ascertain whether we hold personal data of you and obtain access to your information (if an organization is processing it) |
| The right to rectification | You are entitled to have your information corrected if it is inaccurate or incomplete. |
| The right to be given reasons | You are entitled to be given reasons if a request for access or rectification is rejected by us |
| The right to object | You have the right to object to a refusal for access or rectification by us |
For your protection and to protect the Privacy of others, we may ask you to verify your identity before we execute any requests in relation to the rights detailed above.
Where your personal data is processed on the basis of your consent, you have the right to withdraw your consent at any time. If exercised, this will not affect the lawfulness of processing prior to withdrawal.
You also have the right to complain to a data protection authority about our collection and use of personal data. For more information, please contact your local data protection authority – Office of the Privacy Commissioner for Personal Data at complaints@pcpd.org.hk
How to contact us?
Should you have any questions in regards to the protection of your personal data or if you wish to exercise your legal rights, please contact Otsuka by emailing: HKO_Compliance@otsuka.com.hk
Changes to this Notice
We may decide to change this Notice. If the change is fundamental or may significantly affect you, we will provide you with the updated Notice in advance of the change taking effect.
Version 1.0
Issued on 03-Jun-2024