HVIVO PLC

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Information we may collect from you

hVIVO is committed to protecting and respecting your privacy.

This privacy policy provides information to you about the basis on which any personal information (“personal data“) we collect from you, or that you provide to us through our FluCamp website, will be processed by us. This privacy policy shall be read in conjunction with our cookies policy and our website terms of use.

In this privacy policy, the terms “we“, “our“, and “us” are used to refer to hVIVO Services Limited. We are registered in England and Wales under company number 02326557 and have our registered office at Queen Mary BioEnterprises Innovation Centre, 42 New Road, London, E1 2AX. We are a data controller and will handle (“process“) any personal data that we collect about you in accordance will the law, including, but not limited to: (i) the Clinical Trial Directive (Directive 2001/20/EC), the Medicines for Human Use (Clinical Trial) Regulations 2004 and any replacement legislation and (ii) the General Data Protection Regulation 2016, any replacement for the Data Protection Act 1998, the Privacy and Electronic Communications Regulations 2003 and its replacement and the guidance and codes of practice issued by the Information Commissioner’s Office (‘ICO’).

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Children

This website is not intended for nor designed to attract individuals under the age of 18. We do not collect personal data from any person whom we know or suspect is an individual under the age of 18.

WHAT PERSONAL DATA DO WE COLLECT?

We process your personal data, which may include your name, email address, phone number and details of any enquiry which you may have, when you submit a question through the ‘Contact Us’ tab on our website or when you telephone us with a query.

We may collect and process records of any correspondence and communications with us and telephone calls may also be recorded.

We also process your personal data when you submit an application through our website to take part in one of our FluCamp clinical trials.

Applicants for clinical trials

When you submit an application through our FluCamp website to participate in one of our clinical trials, the online application form will ask for your name, full postal address, email address and best contact telephone number, so that we are able to make contact with you and keep in touch with you for the purposes set out in that application form.

The online application form also contains initial screening questions in order to ascertain your general suitability for our clinical trials. The form asks you to provide your gender, date of birth, weight and height and contains questions about your current health and medical history, whether or not you can read/write in English, whether you are registered with a doctor (a General Practitioner, ‘GP’) in the UK and your availability to attend appointments in London, UK. The form also asks if you have valid photo ID (passport or driving licence only).

We may also collect the above information from you if you make an application to us by email or by telephone.

We also ask you if you would like to provide your consent, by ticking the relevant ‘opt-in’ boxes, on the online application form, to receive information from us, from time to time, about future clinical studies.

Following the submission of your application, we will be in touch with you regarding the outcome of that application. If you are advised that you have been accepted to progress to the Screening stage at our clinic we will, at that point, provide you with further details of the study and obtain your informed consent to participate in the trial, in line with our legal obligations.

As part of the process of obtaining your fully informed consent to participate in screening and a clinical trial, we will provide you with our ‘Volunteer Information Sheet’ which contains our ‘Privacy Notice for Volunteers’ which sets out the fair processing information required by data protection law. This explains how we use (i) the personal data which we will have already collected from you and (ii) the additional information which we collect from you and any third parties, from this stage onwards. The Privacy Notice for Volunteers will also explain the legal bases, under data protection law, for the processing of this information (i) and (ii) from the Screening stage onwards.

Information we collect about you. With regard to each of your visits to our website we may automatically collect the following information:

  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, MAC addresses, traffic data, location data, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform and cookies, which will be collected in accordance with our cookies policy;
  • information about your visit to our website, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time), pages you viewed or searched for, your conduct via the site, and any other site activity, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call us;
  • Personal data may also be provided to us from online vendors, service providers who refer you to our sites or services and from volunteer lists lawfully acquired from third party vendors.

HOW WE USE YOUR information

We use information held about you in the following ways:

  • Where you are accepted onto one of our clinical trials, your personal data will be used for research purposes within the relevant clinical trial and in accordance with our Privacy Notice for Volunteers.
  • to communicate with you (in writing, by telephone or by email/text message), to respond to any query which you send via our website or in response to your online application to participate in one of our clinical trials;
  • to manage the recruitment process for registering your interest in becoming a clinical trial volunteer;
  • to provide you with information about other clinical research studies (including those of our partners) which you may be interested in and for which you are suitable in terms of your participation;
  • to provide you with information about our research and our products;
  • to build a profile of you, your health and your preferences in order to determine your suitability for clinical trials;
  • to aggregate and anonymise your personal data so that we can conduct research and analysis to better understand the types of individuals who may be interested in participating in clinical research studies;
  • to produce aggregated data analytics, statistical research and reports, which may be used to review and change our services;
  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
  • as part of our efforts to keep our site safe and secure;
  • to measure, understand or monitor the effectiveness of advertising, promotions, marketing material and content and any joint initiatives with our affiliates, suppliers, partners, subcontractors and other selected third parties;

USING YOUR INFORMATION IN ACCORDANCE WITH DATA PROTECTION LAW

Data protection laws require that we meet certain conditions before we are allowed to use your data in the manner described in this privacy policy. We take our responsibilities under data protection laws extremely seriously, including meeting these conditions. To use your personal data, we will rely on the following conditions, depending on the activities we are carrying out:

Consent: We are legally required to obtain your informed consent to participate in any of our clinical trials. However, the rules which apply to the processing of your personal data in connection with those clinical trials, once you have given your informed consent to participate, are found within separate and quite different laws (data protection law). This means that we will sometimes ask you to provide your consent for the collection and/or further use of your personal data, whilst on other occasions a different legal basis (see below) may be more legally appropriate depending on the purposes for which your personal data are to be used by us.

We will ask you to provide your explicit consent to the processing of the personal data contained within your online application to participate in one of our clinical trials. This includes special category data such as, but not limited to, information about your health. We ask you to read this Privacy Policy prior to providing your consent so that you are fully informed as to how and why your personal data will be used. Your explicit consent to the processing of the personal data contained within your online application is provided to us by ticking the relevant box at the end of the application and by submitting the application form to us. Data protection legislation provides you with certain rights in relation to this processing (see below: ‘Your Rights’) – you can, for instance, withdraw your consent to the processing of this personal data at any time. However, this is likely to mean that you will not be able to continue with your application to participate in our clinical trials.

We also ask for you to provide your explicit consent to build a profile of you, your health and your preferences in order to determine your suitability for clinical trials. We ask you to indicate by ticking the relevant box in the online application form, that you are happy for us to do this so that we can determine your suitability for other and/or for future clinical trials. As explained above, you can withdraw your consent for us to do this at any time although it will mean that we will not be able to retain your details and contact you if any other trials become available for which you may be suitable.

Direct marketing: we seek your prior ‘opt-in’ consent before sending you any information about our research or our trials. You have the right to withdraw your consent and can object to processing of this nature, at any time.

Compliance with legal obligations: As an entity established under the laws of England and Wales, we are obliged to comply with UK laws and guidance provided by UK regulatory bodies. Where we are legally obliged to disclose your personal data to a third party e.g. within the terms of a UK court order or where required to do so in line with a specific requirement in any UK legislation, the processing will fall within this category. You will not be able to object to the processing or ask for the deletion of your personal data when it is processed upon this legal basis.

Legitimate interests: To use your personal data for any other purpose described in this privacy policy, we will rely on a condition known as “legitimate interests”. This legal basis requires us to carry out a balancing test of our interests in using your personal data (for example, to aggregate and anonymise your personal data so that we can conduct research and analysis to better understand the types of individuals who may be interested in participating in clinical research studies) against the interests you have as a citizen and the rights you have under data protection laws. The outcome of this balancing test will determine whether we can use your personal data in the ways described in this privacy policy. We will always act reasonably and give full and proper consideration to your interests in carrying out this balancing test.

It is in our legitimate interests to collect your personal data when you browse our website, for example, as it provides us with the information that we need in order to improve your experience and those of other visitors as they use the website in future.

HOW LONG WE KEEP YOUR INFORMATION FOR

We may retain your personal data for as long as it is needed for the purposes indicated in this Privacy Policy and strictly in accordance with data protection legislation.

The period of time for which personal data is processed (including storage) will depend on the nature of the personal data and the purpose for which we have indicated to you that it is to be processed by us. Personal data held for a direct marketing purpose is held two years whereas personal data which you have provided for use within one of our clinical trials, will be subject to specific legal and regulatory rules. Our Privacy Notice for Volunteers provides further guidance on the processing (including retention) of your personal data when you participate in one of our clinical trials.

If you are not initially accepted onto one of clinical trials, we will retain your details on our database for two years so that we may contact you in the event that a suitable clinical trial becomes available for which you may wish to be considered. We would ask that you keep us updated in relation to your contact details if you wish to remain on our database for this purpose.

Disclosure of your information

We may share your personal data with any member of our Group, which means its subsidiaries, and its ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (our “Group“) where there is a legal basis for doing so under data protection law and to meet stated legitimate business purposes.

We will only share your personal data with other members of the Group for marketing purposes where you have expressly consented to the disclosure of your personal data for these purposes.

We will only share your personal data with the following where there is a business need to do so and where there is also a clear legal basis under data protection law:

  • business partners, suppliers and sub-contractors for the performance of any contract we enter into with them. These include 8×8 Solutions (Voicenet Solutions Ltd) which provides our telephone system, Mail Chimp (The Rocket Science Group LLC) which assists us with our email marketing campaigns, Nephew Media (England Ltd) for the purposes of website administration and Wirehive Ltd which provides web hosting services.
  • third party suppliers and service providers to the extent they assist the Group with its legal / regulatory obligations;
  • analytics and search engine providers that assist us in the improvement and optimisation of our site and other selected third parties; and

We will disclose your personal data to third parties:

  • in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
  • if we, or substantially all of its assets, are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets;
  • in the unlikely event of any insolvency situation (e.g. the administration or liquidation) of hVIVO PLC or any of its Group;
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our website terms of use and other agreements or otherwise for the purpose of legal advice and/or proceedings; or to protect the rights, property, or safety of hVIVO PLC, our customers, or others.

HOW IS YOUR PERSONAL DATA PROTECTED?

We recognise that you will be providing sensitive personal data to us relating to your health and medical records. Whilst all personal data which we process is processed in a secure and confidential manner, we are especially careful when handling your sensitive personal data which includes, but is not limited to your health and medical records data.

Your personal data (including your sensitive personal data) is only shared with staff within our organisation and with any partners who work closely with us on a ‘need to know’ basis for our legitimate business purposes and access to databases and folders containing personal data is restricted to appropriate staff. We have implemented organisational and technical security measures to safeguard and protect against unauthorised access to your personal data.

Our suppliers are also required to agree to data protection measures to protect your personal data which includes the requirement for them to commit to only process individuals’ personal data consistent with contractual purposes and with appropriate technical and organisational security safeguards.

STORAGE AND TRANSFER OF YOUR PERSONAL DATA

Most of the data that we collect from you is processed, and stored securely by us within, the European Economic Area (“EEA“) However, where your personal data is transferred outside of the EEA, this processing is carried out in accordance with the requirements of the General Data Protection Regulation. Personal data held by the supplier who assists us with our email marketing campaigns is processed securely and in accordance with the data protections for EU citizens’ privacy rights under the EU-US Privacy Shield [insert this hyperlink: https://www.privacyshield.gov/welcome]

Your rights

You have a number of rights under data protection law in relation to the way we process your personal data, although these are not absolute and in some instances we may be unable to accept your request, in which case we will respond to you to explain why. These are set out below. You may contact us using the details on our website (or by contacting us directly – details below) to exercise any of these rights and we will respond to any request received from you within one month from the date of the request.

Our Data Protection Officer can be contacted at dataprotectionofficer@hvivo.com

Please address any questions, comments and requests regarding our data processing practices to us in this way in the first instance. You can exercise any of the rights below by contacting us at at the above email address.

NUMBER  DESCRIPTION OF RIGHT
 

Right 1

 

A right to access personal data held by us about you.

 

Right 2

 

A right to require us to rectify any inaccurate personal data held by us about you.

 

Right 3

 

A right to require us to erase personal data held by us about you. This right will only apply where (for example): we no longer need to use the personal data to achieve the purpose we collected it for; or where you withdraw your consent if we are using your personal data based on your consent; or where you object to the way we process your data (in line with Right 6 below).

 

Right 4

 

A right to restrict our processing of personal data held by us about you.   This right will only apply where (for example): you dispute the accuracy of the personal data held by us; or where you would have the right to require us to erase the personal data but would prefer that our processing is restricted instead; or where we no longer need to use the personal data to achieve the purpose we collected it for, but you require the data for the purposes of dealing with legal claims.

 

Right 5

 

A right to receive personal data, which you have provided to us, in a structured, commonly used and machine readable format. This right will only apply where the processing is based on consent or a contract (see above) and the processing is carried out by automated means.   You also have the right to require us to transfer this personal data to another organisation, at your request.

 

Right 6

 

A right to object to our processing of personal data held by us about you (including for the purposes of sending marketing materials to you).
 

Right 7

A right to withdraw your consent, where we are relying on it to use your personal data (for example, where you have provided your personal data to us in order to apply for one of our clinical trails or where you have asked to receive marketing information about our services or products).

If you have any concerns regarding our processing of your personal data, or are not satisfied with our handling of any request by you in relation to your rights, you also have the right to make a complaint to the Information Commissioner’s Office. Their address is:

First Contact Team
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF

LINKS TO OTHER WEBSITES

Please note that our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Changes to THIS privacy policy

Any changes to this privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to this privacy policy

This policy was last reviewed and updated: May 2018

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