Address

Post:

A. Menarini GmbH
Thurgauerstr. 36/38
Postfach
8050 Zürich

Office:

A. Menarini GmbH
Thurgauerstr. 36/38
8050 Zürich

Tel. +41 (0) 44 307 40 50
Fax +41 (0) 44 307 40 54

info@menarini.ch


Opening hours:

Monday to Friday

09.00 - 12.00 h

13.00 - 16.00 h 


PRIVACY NOTICE ON THE USE OF THE WEBSITE

Introduction

The Company A. Menarini GmbH ("Company", or "we") takes its users' privacy very seriously and undertakes to comply in full with the applicable law (Swiss Data Protection Law and, if applicable, Regulation (EU) 2016/679 - hereinafter defined as the "GDPR", together referred as "Privacy Laws"). This document ("Privacy Notice") provides information on how the personal data collected by the Company through this website ("Website") are processed. If additional types of personal data are collected on specific websites, the privacy notices which are published there must be oserved, complementing this Privacy Notice.

1. Data Controller, EU Representative and DPO

The Data Controller is A. Menarini GmbH, Thurgauerstrasse 36/38, 8050 Zurich, Switzerland, dataprivacy@menarini.ch ("Data Controller"). The Company representative in the European Union and Data Protection Officer ("DPO") can be contacted at: dpo@menarini.com.

2. Categories of data we process

The following categories of personal data we may collect about you include:

  • Personal contact information. This will only be collected if you wish to contact us and includes any information you provide to the Company that would allow us to respond to you, such as your name, postal address, e-mail address, social network details, or phone number. Depending on the nature of your request, we may also need your professional qualifications, the content of your request or reports and the additional data, which the Company may acquire, also from third parties, in the course of business.
  • User account information. If you have registered to use a website of the Company with restricted access, we will collect your access information (user name, password and personal contact information).
  • Health-related information. If you contact the Company concerning an adverse event possibly relating to the treatment of an illness (so-called pharmacovigilance case) we are legally obliged to collect and process such information.
  • Information from computer / mobile device. Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type as well as version. If you access a Company website or app via a mobile device such as a smartphone, the collected information could also include, where permitted, your phone’s unique device ID, geo-location, and other similar mobile device data.
  • Websites / communication usage information. As you navigate through and interact with our Websites, the Company uses automatic data collection technologies to collect certain information about your actions. This includes information such as: which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies and web beacons, and is as well collected through the use of third party tracking for analytics and advertising purposes. You have among other things the right to object to the use of such technologies, for further details please see Cookie Policy.
3. Why and how we process your personal data

  • Personal contact information. We use your personal data for consumer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. issue, product question / complaint, general question, etc.).
  • User account information. This is used to manage access to restricted websites.
  • Health-related information. If you contact the Company concerning an adverse event possibly relating to the treatment of an illness (so-called pharmacovigilance case) we are legally obliged to collect and process such information.
  • Information from computer / mobile device and Websites / communication usage information. In accordance with applicable laws, the Company collects these merely for statistical purposes and in anonymous form in order to monitor the functioning of the Website and improve its performance. Such data is not collected to be associated with other information regarding, or for the identification of, users; however, such information, by its very nature, may enable the Company to identify users through processing and association with data held by third parties.
    Browsing data are normally deleted following processing in anonymous form but can be stored and used by the Company to detect and identify perpetrators of any computer offences committed to the detriment of the Website or using the Website.
    Without prejudice to this possibility and to the provisions of the Cookie Poilicy, the browsing data described above are stored only temporarily.
  • For legal reasons. The company processes your personal data (even without your prior consent) in case of / for the purpose of:

    • legal and regulatory requirements;
    • upon behest of the relevant prosecution authorities;
    • protecting its rights in the course of legal proceedings;
    • implementing the Code of Conduct of the Menarini group;
    • protecting of another legitimate interest of the company or a third party;
    • executing of a contract concluded with you. This also applies to the necessary processing procedures to carry out the pre-contract activities;
    • exceptional circumstances, in which your vital interests or those of a third party require a data processing.

    Your data are processed using automatic and electronic instruments suitable to ensure full security and confidentiality.

4. Necessary and optional processing

The forms to be completed on this website require you to provide only personal data, which are strictly necessary to handle your communications and requests. Such Data are marked with an asterisk [*]. If you do not wish to confer these information we will not be able to handle your communication / request. Conversely, forms may also provide the possibility to provide personal data, which are not strictly necessary to handle your requests: providing such data is optional - failure to do so has no consequence.

5. Links to other websites

This Privacy Notice applies only to the Website as defined above. Even though the Website may contain links to other websites (known as third party websites), please be informed that the Company does not have any influence on access or control over cookies, web beacons or other user-tracking technologies that may be active on such third party websites, on the contents and materials published thereon, or on their methods of processing of your personal data; for this reason, the Company expressly declines any liability for such matters. You should therefore verify the privacy notice of such third party websites and collect information about their terms and conditions and about how they process your personal data. This Privacy Policy applies only to the Website as defined above.

6. How we store data and for how long

The computers and programmes used by the Company are set up in such a way to reduce the use of personal data to a minimum. Such data are processed only to the extent required to achieve the purposes indicated in this Privacy Notice, and will be stored for as long as strictly necessary for achievement of the specific purposes pursued - in any event, the criterion used to determine the storage period is based on compliance with time limits permitted by law and the principles of data minimisation, storage limitation or rational management of our records.

7. How we ensure your personal data's security and quality

The Company undertakes to ensure security of your personal data and comply with provisions on security provided by law to avoid data loss, illegitimate or unlawful uses of data or unauthorised access to data. The Company uses many types of advanced security technologies and procedures intended to aid protection of your personal data; for example, personal data are stored on secure servers situated on premises with protected and controlled access. You can assist the Company to update and correct your personal data by communicating any change of address, qualifications, contact information, etc.

8. Persons processing your data

Persons belonging to the following categories are authorised to process your data:

  • technical and administrative staff,
  • IT staff,
  • product managers, as well as other staff members who require processing the data for performance of their job duties.
9. Disclosure of personal information to third parties

The data can be communicated also in countries outside Switzerland or the EU ("Third Countries") to other companies of the Menarini Group for the same purposes and/or for administrative and accounting purposes.
Additionally, the data can be communicated, also in Third Countries, to:

    institutions, authorities, public bodies for their institutional purposes;
  • professionals, independent consultants - working individually or in partnerships - and other third parties as well as providers which supply to the Company commercial, professional or technical services required to operate the Website (e.g., provision of IT and Cloud Computing services) for the purposes specified above and to support the Company with the provision of the services you requested;
  • third parties in the event of mergers, acquisitions, transfers of business or branches thereof, audits or other extraordinary operations as required by law;
  • the Supervisory Board, based at the Data Controller's address, in the pursuit of its supervisory activities and for the enforcement of the Menarini Group Code of Conduct.

The mentioned recipients shall only receive the data necessary for their respective functions and shall duly undertake to process them only for the purposes indicated above and in compliance with data protection laws.

The data can furthermore be communicated to other legitimate recipients identified from time to time by the applicable laws.

With the exception of the foregoing, the data shall not be shared with third parties, whether legal or natural persons, who do not perform any function of a commercial, professional or technical nature for the Data Controller and shall not be disseminated.

The parties who receive the data shall perform processing as Data Controller, Processor or persons authorised to process personal data, as the case may be, for the purposes indicated above and in compliance with the applicable Privacy Laws.
Regarding any transfer of data outside Switzerland or the EU, including in countries whose laws do not guarantee the same level of protection to personal data privacy as that afforded by Swiss or EU law, the transfer shall always take place in accordance with the methods permitted by the Privacy Laws, such as, for example,

  • on the basis of the user's consent,
  • on the basis of the Standard Contractual Clauses approved by the European Commission, with the amendments of the Federal Data Protection and Information Commissioner („FDPIC“) by selecting parties enrolled in international programmes for free movement of data (e.g. EU-USA Privacy Shield), or
  • operating in countries considered safe by FDPIC or the Swiss Federal Council and / or the European Commission.
10. Your rights

You may at any time, if the necessary conditions are met, exercise the rights you have, notably those listed in the applicable Privacy Laws, namely:

  • the right to obtain confirmation of the existence of any personal data related to you;
  • the right to check the content, the origin, the veracity, the location (also as regards third countries);
  • the right to obtain a copy;
  • the right to request a correction;
  • the right to object to the use for possible direct marketing purposes (as a whole or for specific actions or channels);
  • the right to object to the use for possible direct contact;
  • the right to request for erasure / destruction;
  • the right to request a restriction of the processing;
  • the right to data portability.

You may always withdraw your consent (however, this does not affect the legality of processing activities prior to revocation) and / or make observations on specific issues regarding processing operations of your personal data, which you regard as incorrect or unjustified by your relationship with the Company, or lodge a complaint with the DPO or the local competent data protection authority (for Switzerland the FDPIC).

11. Current version of this Privacy Notice

We last updated this Privacy Notice on 01 September 2023. We may change our Privacy Notice from time to time in particular in the event of changes in the law or in the event of a Company business requirement. Please check this page occasionally to ensure you are aware of any changes that are adopted.

12. Contact

If you have any questions, comments or complaints regarding this Privacy Notice or the processing of your personal data, please contact us using the contact details provided at the beginning of this Privacy Notice.

PRIVACY NOTICE TO HEALTHCARE PROFESSIONALS

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We take your privacy very seriously and are committed to respecting it to the highest industry standards. For this reason, we would like to inform you about how A. Menarini GmbH, Thurgauerstrasse 36/38, 8050 Zurich, Switzerland, dataprivacy@menarini.ch (hereinafter the "Company" or "we"), in its capacity as data controller, processes your personal data ("Data") and ensures compliance with applicable data protection laws.

  1. The purposes for which we process your Data

We process the Data that you submit to us, that you have already submitted to us in previous contacts, or that we collect about you for the following purposes:

So that we can contact you through various channels (visits, mailing, e-mail, telephone, social media) and provide you with the following information or work with you:

(A) "Scientific promotional materials", in accordance with applicable laws and the Pharma Code on professional advertising. This includes, but is not limited to, visits by our sales representatives to promote our product portfolio and/or inform you about our offers and products, etc.

(A1) If you wish, we may also send you the relevant scientific promotional materials via telecommunication channels (e.g. e-mail, telephone, social media). This includes, in particular, communications and updates on our latest campaigns, which may include information on our promoted product portfolio.

(B) "Institutional and non-promotional materials", e.g. the transmission of information, updates and news concerning the Company and/or the Menarini Group. This includes, in particular, updates on the company's social responsibility and sustainability, as well as news concerning the Menarini Group.

(B1) If you wish, we can also send you the relevant institutional and non-promotional materials via telecommunication channels (e.g. e-mail, telephone, social media).

(C) "Continuing medical education", in accordance with applicable laws and the Pharma Code on professional advertising. This includes, but is not limited to, invitations to events organised by us, congresses, webinars and invitations to third party congresses, which may contain, for example, information about our promoted product portfolio.

(C1) If you wish, we can also send you the relevant training materials via telecommunication channels (e.g. e-mail, telephone, social media).

(D) "Personalisation of information and promotional activities" ("profiling"), by identifying your needs, preferences and professional interests, if you provide your consent. In order to provide you with the best possible service, we take into account your preferences (in particular, behaviour in relation to e-mails, participation in events and visits) so that we can tailor our information and promotional activities relating to the materials referred to in (A), (B) and/or (C) to your needs. For these purposes, the digital communications sent to you and/or the digital materials displayed during the visit may contain so-called trackers through which we collect certain information. For example, with respect to digital communications, we may know if and when you opened and/or deleted the communication, what links you clicked on in the communication, your e-mail client, and certain anonymous and aggregated information about users' geographic areas. With regard to digital materials shown during your visit to our field service, we may know, for example, which materials you consulted/viewed, which of them you preferred, as well as the date and duration of the viewing/consultation. We process this information, for example, to monitor the effectiveness of our campaigns, digital communications and digital materials.

(E) "Making your services available" by entering into a collaboration with us to assist us with your expertise for certain defined events and projects, for the prior clarification of potential conflicts of interest for you or the Company, and for the performance of the services agreement.

In connection with our service platform [www.menarni-services.ch], we process your data additionally for the purposes stated below:

(F) "Making use of our offers" by registering for online education via our service platform or by ordering general service materials or product-specific information and advertising materials via our e-catalogue and having them delivered to your business address.

(G) "Use of online tracking" by recording your access to our service platform and tracking your user behaviour so that we can ensure the functionality of the service platform, optimise it and carry out evaluations and personalisations.

(G1) If you consent to the use of the corresponding categories of cookies by means of your selection in the cookie banner, cf. cookie policy [www.menarni-services.ch].

  1. What Data we process

In connection with the purposes described above, we may process the following Data from you: (1) professional/academic title; (2) first name; (3) last name; (4) year of graduation; (5) gender; (6) primary visiting address, correspondence address and alternative address (house number, street, city, country, and e-mail address); (7) visiting hours; (8) business phone number; (9) business mobile phone number; (10) professional position (e.g. hospital doctor, general practitioner, nurse, pharmacist), (11) academic and professional qualifications and specialisations; (12) information regarding other activities (e.g. public or political office, member of drug commissions); (13) data related to scientific conferences and other symposia, including advisory bodies, in which professionals participate and which are financially supported by us (e.g. travel data and other booking-relevant data); (14) data relating to the administration of drug samples; (15) data relating to your use and/or viewing/consultation of our electronic/digital information materials; (16) other information arising from preferences expressed by you when interacting with us; (17) adverse reaction reporting; (18) quality defects and product complaints; (19) product/medication enquiries; (20) referral or consultancy contracts and contracts relating to participation in (online) training; (21) sponsorship enquiry forms; (22) IP address and other technical data; (23) Rx or DocCheck login.

We collect some of this Data from you or from publicly available sources, and some we receive from service providers, such as IQVIA.

The processing of your Data is necessary so that we can carry out our information and advertising measures. For this reason, we ask you to provide at least the data highlighted in bold above: If you withhold these, we will not be able to send you information and promotional materials.

  1. On what basis we process your Data

If data protection laws require a legal basis, we rely on the following legal bases for the data processing operations described above:

(A) (B) (C) The Company's legitimate interest in contacting you and providing you with "promotional scientific materials" and "institutional and non-promotional materials" as well as providing you with access to "continuing medical education". In particular, our legitimate interest includes the following activities: Maintaining and nurturing the company's business/professional relationships with professionals who are existing professional contacts or who have expressed an interest in the services offered; creating individual customer profiles from feedback from professionals to our sales representatives and other information; organising and planning the company's scientific information activities; tracking/reporting the day-to-day activities of our sales representatives to professionals; and conducting statistical analysis on our information and promotional activities.

(A1) (B1) (C1) Your consent (if you give it to us) to receive "promotional scientific materials" and "institutional and non-promotional materials" and to be granted access to "continuing medical education" via telecommunications channels (e.g. e-mail, telephone, social media). In the event that you consent, we are committed to providing you with a simple and free opt-out option at all times. If you do not consent, we cannot send you such information and advertising measures by digital means.

(D) Your consent (if you give it to us) to enable us to personalise our information and promotional materials to match your needs, preferences and interests as closely as possible. For the same purposes, we may combine behavioural and preference data as well as master data and technical data associated with you to better understand you as a professional with your interests and other characteristics. If you do not consent to profiling, we will not be able to tailor our services to your needs, preferences and interests.

(E) The performance of a contract if we engage you as a speaker or consultant for certain projects/events and our legitimate interest in conducting business relationships in a transparent and responsible manner.

 

(F) The fulfilment of a contract if you make use of our services such as participation in (online) training courses, for which a cost contribution is incurred due to the duration and design, or orders via the e-catalogue on our service platform.

(G) Your consent (if you give it to us) to use techniques on our service platform that enable us to recognise you when you use it and, in some circumstances, track you across multiple visits, see Cookie Policy [www.menarni-services.ch].

 

In addition, we may also process your data without your consent in order to comply with legal or regulatory obligations and official orders (e.g. accounting for the dispensing of sample packs or traceability of medical devices), to assert or defend legal claims or to pursue other legitimate interests (e.g. to exchange data between the companies of the Menarini Group).

  1. How we process your Data

The Data is processed both in paper form and electronically and entered into our systems in accordance with applicable laws - including aspects of data security and confidentiality - and in accordance with the principles of transparent and lawful processing. Your Data will only be retained for as long as is strictly necessary to fulfil the purposes for which it was collected; in any case, due consideration will be given to compliance with relevant legal and regulatory requirements, the principle of Data minimisation and the need for the Company to manage records in a rational manner when determining the length of retention. We may retain your Data after we have performed our services for you, but only for as long as is necessary to comply with contractual and legal obligations and to fulfil the purposes set out above. We update and maintain our databases on an ongoing basis to ensure that your Data is always accurate and up to date.

  1. With whom we share your Data

Within our company, our employees only have access to your Data to the extent necessary to fulfil the respective purpose. Your Data may be processed by employees belonging to the following categories: administrators, medical staff, field representatives, product managers, legal and compliance , internal auditors, etc. The Data may also be processed by all other staff members to the extent necessary for the performance of their duties.

For organisational, administrative, financial, accounting or other internal management purposes, or where necessary for the fulfilment of the purpose in question, your Data may also be transferred to the parent company, A. Menarini IFR Srl, based in Florence (Italy), as well as to other companies of the Menarini Group, including those in third countries outside the EEA area and/or Switzerland.

Due to legal and regulatory requirements that we are obliged to comply with, we may be required to disclose your Data to Swissmedic, the Federal Office of Public Health, ScienceIndustries, national and local health authorities, health centres and universities, other public bodies, association bodies and other recipients.

In addition, we may share your data with other companies, such as external address suppliers, IT and cloud computing service providers, marketing agencies, event organisers, website analytics service providers, shipping and logistics service providers, and other service providers and companies that perform fiscal/administrative tasks on our behalf.

When transferring Data to third countries - i.e. countries that may not guarantee the same standards of protection as the EEA and/or Switzerland - we ensure that the Data is only processed in accordance with the applicable data protection laws, e.g. based on your consent, the conclusion of standard contractual clauses approved by the EU Commission and the Swiss Federal Data Protection and Information Commissioner ("FDPIC") and/or other competent Swiss authorities or other guarantees. Upon request, we will provide you with a list of the countries to which your Data will be transferred.

 

  1. Your Rights

You can contact us at any time at our postal address (see above) or at dataprivacy@menarini.ch to exercise the rights to which you are entitled under the applicable data protection laws, in particular:

  • Right of access/information: you have the right to receive information at any time about whether and which of your Data is being processed by the company.
  • Right to rectification: you have the right to have inaccurate or incomplete Data rectified or completed and to be informed after rectification or completion has been made.
  • Right to erasure or destruction: you have the right to request the erasure or destruction of your Data if the Data is no longer needed to fulfil the purpose for which it was collected, if you have withdrawn your consent and there is no other legal basis for processing, or if the Data is processed unlawfully.
  • Right to restrict processing: under certain circumstances, you have the right to request that the processing of your Data be restricted.
  • Right to data transfer in machine-readable format: you have the right to receive from us the Data we have received from you in a machine-readable format.
  • Right to revoke consent: you have the right to revoke your consent to data processing at any time. Please note that the revocation does not affect the lawfulness of the data processing carried out up to the time of the revocation.
  • Right to object: you can object to the processing of your Data at any time.
  • Right to lodge a complaint with the competent supervisory authority: in Switzerland, the FDPIC is competent (Feldeggweg 1, 3003 Bern, Tel. +41 (0)58 462 43 95).

This Privacy Policy was last updated on 1 October 2023.


Privacy Notice for Job Applicants

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The Company A. Menarini GmbH ("Company", or "we") would like to inform you that the processing of your personal data, collected via the website ("Website") or collected via this contact form ("Form") takes place in compliance with the applicable data protection law (art. 328b CO in connection with the Swiss Federal Data Protection Act – hereinafter referred to as “FDPA” and, if applicable, the Regulation (EU) 2016/679 - hereinafter referred to as "GDPR", hereinafter collectively “Labour and Data Protection Legislation”) and the Privacy  

 

DATA CONTROLLER, EU REPRESENTATIVE AND DPO

The Data Controller is A. Menarini GmbH, Thurgauerstrasse 36/38, 8050 Zurich, Switzerland, dataprivacy@menarini.ch ("Data Controller").

The Company representative and Data Protection Officer ("DPO") in the European Union can be contacted at the following address: dpo@menarini.com

CATEGORIES OF DATA WE PROCESS

 

We process the following personal data which you provide when you interact with the Website and use the related services and functions: in particular name and surname, mother language, contact details (e.g. address, phone number, e-mail), employment information, educational and professional qualifications, skills and experience, your CV, any other information you may decide to submit as well as the additional data which the Data Controller may acquire, also from third parties, in the course of business ("Data").

The legal basis for processing, if required, is the implementation of pre-contractual measures and your implicit consent by sending us your application. We do not require any sensitive data for the application process. If you voluntarily provide us with sensitive data, we will delete it immediately.

The Data Controller may process your Data to comply with legal obligations stemming from Swiss and EU laws and regulations, to exercise rights in legal proceedings, to pursue its own legitimate interests and in further cases provided by law.

Processing takes place both, electronically and on paper, and shall always entail the implementation of the security measures provided by the current Labour and Data Protection Legislation.

 

WHY AND HOW WE PROCESS YOUR PERSONAL DATA

 

The Data are processed only for the purpose of considering the job applications received application and assessing the applicant's suitability for employment or collaboration with the Data Controller in accordance with the Labour and Data Protection Legislation.


Your Data may in any case be processed, even without your consent, for the purpose of complying with Swiss or EU laws and regulations to perform statistics on the Website's usage and ensure its proper functioning, to enforce the Code of Conduct of the Menarini Group and to establish or defend the legal claims in the interest of the Data Controller.
The Data are entered into the Data Controller's computer systems in full compliance with the Labour and Data Protection Legislation, including the security and confidentiality aspects, and in line with the principles of fair, lawful and transparent processing.

We store your Data in connection with the application process of rejected applicants for three months after the rejection of the applicant. After this period, we return your file and delete all copies or destroy hard copies. If the Company wishes to retain Data with a view to subsequent positions, we will obtain your consent to do so for a certain period of time. In exceptional cases (e.g. vacancies still open or to be filled shortly), it is possible that Data may be retained for longer on the basis of legitimate interests, but no longer than is necessary to achieve the purposes for which it was collected. We store Data related to the application process of successful applicants (e.g. recruitment process records, job description and application) in the personnel file for ten years after the end of the employment relationship.

NECESSARY AND OPTIONAL PROCESSING

The Form to be completed on this Website is designed to help you provide solely the Data required for the processing of your application. This type of Data is marked with a star [*]. If you do not wish to provide it, we will not be able to process your application.

SECURITY AND QUALITY GUARANTEE OF YOUR PERSONAL DATA

 

Your Data are processed on paper or electronically, which ensure a fair security and confidentiality level at all times.

The Company is committed to ensure the security of your Data and to strictly comply with all legal requirements related to data safety, so as to prevent possible problems as regards data loss, illegitimate or illegal use of data, or unauthorized access.

We use a variety of security technologies and procedures to help protect your Data. For example, the Data is stored on secure servers located in a controlled and protected environment. You can help the Company update and amend your Data by notifying us of any change to your mailing address, qualifications, contact details etc.

 

PERSONS PROCESSING YOUR DATA

 

Your Data are processed electronically and manually according to procedures and logics relating to the above mentioned purposes and are accessible by the Data Controller's staff authorised to process Data and their supervisors, and in particular to staff belonging to the following categories:

  • HR staff,
  • staff of the departments concerned by your application,
  • technical, IT and administrative staff,
  • as well as other individuals who need to process the Data to perform their job duties.

 

 

DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

 

The Data may be communicated to third parties also in countries outside Switzerland and/or the European Union ("Third Countries") to: 

  • institutions, authorities, public bodies for their institutional purposes;
  • professionals, independent consultants -individually or in partnerships- and other third parties and providers which supply to the Data Controller commercial, professional or technical services required to operate the Website (e.g., provision of IT and Cloud Computing services), in order to pursue the purposes specified above and to support the Data Controller with the provision of the services you requested;
  • Recruitment consultancies that support the Data Controller in the course of recruiting and selecting applicants;
  • third parties in the event of mergers, acquisitions, transfers of business or branches thereof, audits or other extraordinary operations.

The mentioned recipients shall only receive the Data necessary for their respective functions and shall duly undertake to process them only for the purposes indicated above and in compliance with the Labour and Data Protection Legislation.

The Data can furthermore be communicated to other legitimate recipients identified from time to time by the applicable laws. With the exception of the foregoing, the Data shall not be shared with third parties, whether legal or natural persons, who do not perform any function of a commercial, professional or technical nature for the Data Controller and shall not be disseminated.

The individuals, who receive the Data, shall process them, as the case may be, in the capacity as Data Controller, Processor or person authorised to process personal data, for the purposes indicated above and in compliance with Labour and Data Protection Legislation.

Regarding any transfer of Data outside Switzerland and/or the EU, including in countries whose laws do not guarantee the same level of protection to personal data privacy as that afforded by Swiss or EU laws, the Data Controller informs that the transfer shall in any event take place in accordance with the methods permitted by the privacy laws, such as, for example:

  • on the basis of the user's consent,
  • on the basis of the Standard Contractual Clauses approved by the European Commission, with the necessary amjendments of the Federal Data Protection and Information Commissioner ("FDPIC"),
  • by selecting parties enrolled in international agreements for free movement of data (e.g. EU-USA Privacy Shield), or
  • by operating in countries considered safe by Switzerland (by the FDPIA or Federal Coincil) and/or the European Commission.

 

YOUR RIGHTS

 

You may at any time, if the necessary conditions are met, exercise the rights you have, notably those listed in the privacy laws, namely:

  • the right to obtain confirmation of the existence of any Data related to you,
  • the right to check the content, the origin, the veracity, the location (also as regards third countries),
  • the right to obtain a copy,
  • the right to request a correction,
  • the right to object to the use for possible direct marketing purposes (as a whole or for specific actions or channels),
  • the right to object to the use for possible direct contact,
  • the right to request for erasure / destruction,
  • the right to request a restriction of the processing,
  • the right to data portability.

You may always withdraw your consent (however, this doesn’t affect the legality of processing activities prior to revocation) and/or make observations on specific issues regarding processing operations of your Data, which you regard as incorrect or unjustified by your relationship with the Company, or lodge a complaint with the competent data protection authority (for Switzrelnad at the FDPIC).

You may contact the Data Controller and/or the DPO using the contact details provided at the beginning of this document to make any requests regarding Data processing by the Company, to exercise your legal rights or to obtain an updated list of the countriess to which your Data will be transferred.

CURRENT VERSION OF THIS PRIVACY NOTICE

We last updated this Privacy Notice on 1 September 2023.

Our Privacy Notice may be reviewed from time to time, in particularly to reflect legal amendments, resp. changes in jurisprudence, or to adjust to business imperatives. Please therefore refer regularly to this section to check the current Privacy Notice.

 

CONTACT

If you have any questions, comments or complaints regarding this Privacy Notice or the processing of your Data, please contact us using the contact details provided at the beginning of this Privacy Notice.

 


PRIVACY NOTICE TO PROVIDERS, SUPPLIERS AND BUSINESS PARTNERS

For the purposes of this document, the following definitions shall apply:
    - Supplier: the natural or legal person with whom or which the Menarini Group Companies currently have a contractual or pre-contractual relationship (customers, providers, business partners, etc.);

    - Data Subjects: employees, associate workers, and natural persons who either act in the name and on behalf of the Counterparty to the Contract or in any case interact with the Menarini Group Companies for reasons connected with the negotiation, execution and performance of the contractual or pre-contractual relationship./ul>

1. Data Controller and DPO The personal data concerning Suppliers and Data Subjects will be processed by A. Menarini GmbH, Thurgauerstrasse 36/38, 8050 Zurich, Switzerland, which may be reached at dataprivacy@menarini.ch and which will act as the data controller (“Data Controller”). The data protection officer (“Data Protection Officer” or “DPO”) of the Menarini Group may be reached at dpo@menarini.com.

2. Types of data to be processed
The Data Controller will process the personal data:

    - of the Supplier, if it is a natural person: identifying data (name, surname, etc.), contact details, tax and banking data; if presentations are delivered via teleconference, and these are recorded, audio-visual recordings will also be collected.

    - of Data Subjects: only data collected in relation to the existing contractual / pre-contractual relationship and which are necessary for the negotiation, execution and performance thereof, such as identifying data and contact data for business use (e.g. mobile phone number, e-mail address, other contact details as contact person of the contractual relationship); if presentations are delivered via teleconference, and these are recorded, audio-visual recordings will also be processed.


Processing will be carried out on the data provided directly by the Data Subjects or by the Supplier.

In addition, in case the Data Subject / Supplier is assigned an electronic account by the Data Controller (e.g., an e-mail account), data concerning access and activity logs will also be collected, in order to protect the security of company IT assets, in particular from cyber-threats. The Data Controller may provide additional information regarding the personal data processing activities and the rules for usage of such accounts by means of separate documents / policies, made available to the the Data Subjects / Suppliers to whom the account is assigned.
3. Purpose, legal basis and optionality of the processing

Personal data will only be processed for purposes related to the assessment, negotiation, execution and performance of the contractual or pre-contractual relationship, (including due diligence assessment), to fulfil specific legal obligations, to ensure that Suppliers meet Menarini ethical standards or to defend a right in court.

The legal bases for the abovementioned purposes, if required, are performance of a contract or preparation work for the conclusion of a contract, a legal obligation or legitimate interests.

The provision of personal data for the purposes indicated above is optional. However, if personal data are not provided, it will not be possible to establish a contractual or pre-contractual relationship with the Data Controller.
4. Recipients and transfer of personal data

Personal data may only be accessible to the staff of the Data Controller duly authorised to process them, and especially to the staff of the administration bodies and other persons who need to process them in the performance of their duties. The personal data may be transferred, also outside of Switzerland or in non-EU countries (“Third Countries”), to: (i) institutions, authorities, public bodies for their institutional purposes; (ii) third parties and providers used by the Data Controller for the provision of services necessary to pursuit the above purposes; (iii) third parties in the event of mergers, acquisitions, sale of a business or business unit, audits or other extraordinary operations; (iv) the corporate bodies and companies of the Menarini Group responsible for the pursuit of supervisory activities and the application of the Code of Conduct of the Menarini Group; and (v) other Menarini Group Companies for the same purposes as indicated above and / or for administrative and accounting purposes, based on legitimate interests.

The persons receiving the personal data shall process them as Data Controllers, Data Processors or authorised processors for the purposes indicated above and in compliance with the applicable law on personal data.

With regard to the possible transfer of data to Third Countries, the Data Controller represents that the processing will be carried out in accordance with one of the methods permitted by applicable law, such as, without limitation, the consent of the Data Subject, the adoption of Standard Contractual Clauses approved by the European Commission, amended as required by the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) the selection of subjects participating in international programmes for the free movement of data or operating in countries considered safe by the European Commission and/or the FDPIC or the Swiss Federal Council.

5. Retention of personal data

Personal Data will be kept only for the time necessary for the purposes for which they were collected, in accordance with the principle of data minimisation. The Data Controller may store some personal data even after the termination of the contractual relationship, for the time necessary to fulfil any contractual and legal obligations. The maximum period is in line with the general statute of limitations for contractual claims of 10 years from the time the debt is due.


PRIVACY NOTICE FOR REPRESENTATIVES, OFFICIALS AND SPOKEPERSONS OF PUBLIC INSTITUTIONS AND PARTNER ORGANISATIONS

1. Data Controller and data subjects

This Privacy Notice describes how A. Menarini GmbH, Thurgauerstrasse 36/38, 8050 Zurich, Switzerland, dataprivacy@menarini.ch (“Data Controller” or “Company”) may process the personal data of the following categories of individuals, with whom the Company may lawfully interact in the course of its activities:

  • 1. Representatives and officials, including elected officials (mayors, etc.), managers, executives and other officers / employees of public agencies and institutions (e.g., government agencies, public health authorities, etc.)
  • 2. Representatives, managers, officials or members of private institutions (e.g., private health organisations, other companies, charities, industry associations, patients’ associations, press agencies, etc.);
  • 3. Other contact people (e.g., secretaries, collaborators, expert patients, etc.) and spokespersons of the public and private organisations mentioned at the previous point. In some cases (e.g., organisation of events, such as conferences, visits to company premises, etc.), these may include accompanying guests (e.g., family members) of said individuals.
2. Purpose, legal basis and categories of data

The purposes and legal basis, if required, of the processing are as follows:

  • Enable the Company to engage in public and institutional relations activities connected to its mission. The legal basis for the processing is the legitimate interest of the company to engage in such public relation activities. These may include: scheduling meetings, appointments, organising company visits, conferences, and other activities;
  • Ensure the lawfulness of the Company activities (e.g., under Anticorruption and Antitrust Law), which may imply, for example, to trace all contacts with the members or representatives of said organisations to monitor all interactions take place in compliance with all applicable laws and with the ethical standards of the Company and the Menarini Group. The legal basis for the processing is the Company’s and society’s legitimate interest to ensure the lawfulness of all Company activities, including by enforcing the Menarini Group’s Code of Conduct and Company’s Organisation Managament and Control Model, as well as the interest of the Company to defend itself in the context of legal proceedings, where it might be called to prove the lawfulness of its activities. The personal data may include: name, surname, contact information, contact history, communications, and other information as required from time to time.
3. Recipients and transfer of personal data

The personal data will be accessible to the concerned Company functions, by internal audit and compliance functions, IT services, as well as providers (such as providers of electronic communications, consultants, lawyers, etc.), other companies of the Menarini Group for the same purposes as those outlined above. The personal data may be transferred abroad, including to countries that do not protect the right to data privacy to the same extent as the Swiss / EU laws. In such cases, the Company will put in place adequate measures – such as concluding standard contractual clauses with the recipients - to ensure these latter commit to afford an adequate level of protection to the transferred personal data. A copy of the clauses / safeguards, and a list of the countries to which personal data are disclosed, is available upon request.

4. Retention of personal data

The personal data may be kept for as long as necessary to fulfil the purposes for which they were collected. This period may span between ten years (minimum) up to the time when the Company is dissolved (maximum).

5. Rights The data subjects may exercise their right to know whether the Company processes or not their personal data, obtain a copy thereof, rectify, update, their personal data, object to the processing, ask their erasure / destruction, by contacting the Company (see contact details indicated above) or the Data Protection Officer (DPO) of the Menarini Group at dpo@menarini.ch. The DPO will also be happy to address any complaint raised by the concerned individuals regarding the use of the personal data described in this document. Data subjects may also lodge a complaint with the competent data protection authority (for Switzerland at the Swiss Federal Data protection and Information Commissioner, FDPIC).


PRIVACY NOTICE FOR SOCIAL NETWORK USERS

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This privacy notice describes how A. Menarini GmbH , Thurgauerstrasse 36/38, 8050 Zurich, Switzerland, dataprivacy@menarini.ch („Menarini“), processes your personal data when you use your profile on the social network such as, by way of example, Facebook, YouTube, Twitter, Instagram, or LinkedIn and similar networks or portals (“Social Networks”) to interact with Menarini’s account/page/profile on those Social Networks, or surf Menarini’s websites (each a “Page”) while logged in to those Social Networks.

This document only addresses the personal data processing operations carried out by Menarini: your data are in fact collected and processed in the first place by the Social Network on which you have a profile (which acts as “Data Controller” of your personal data), and only if you interact with Menarini’s Page, will Menarini access to and process a small portion of the data about yourself held by the Social Network. Menarini is an “independent Data Controller” in respects to the personal data about you received from the relevant Social Network: this means that Social Networks and Menarini autonomously decide the purposes and methods with which they process the personal data about you they respectively access.

The processing operations carried out by Menarini are described here below. If you are interested in knowing how Social Networks process your data, we invite you to read the Privacy Policies available via your Social Network profile(s). If you interact with Menarini’s Page, Menarini may process the following personal data about yourself, inferred from your profile: name, surname, username and other biographical and professional information, age, gender, information voluntarily made public by you or shared via the Social Network by means of posts or other functionalities; your activities on the social network on Menarini’s Pages and on the Social Networks, such as “likes”, comments, public posts, tags and hashtags; content of private messages addressed to Menarini.

Moreover, the Social Network – if you provided your consent via your Social Network profile and browser’s settings – may make available to Menarini additional information about activities and preferences you expressed when surfing the internet. This information may also be collected with instruments such as cookies, web beacons and pixel tags: for more information, we invite you to check your browser settings, your Social Network profile settings or the policies of the websites you visit. Please be informed that when said instruments are used on Menarini websites, the relevant details are provided in the respective cookie and privacy policies. We clarify that if you have logged in to your account on the Social Network and surf on the internet with the same device, Menarini may be able to detect some of the information connected to your Social Network profile, such as age group, “likes”, etc., and in some cases also to identify you.

Your personal data will be processed for the following purposes:

  • answer your posts, requests and queries, and enable you to take part in the activities performed via the Page; manage and optimise the Page’s content, perform statistical analyses and market research on the users who interact with the Pages or our websites.
  • to fulfil its legal obligations, as well as to clear its obligations pertaining to the protection of public health, which require the monitoring, follow-up and reporting to the authorities/other bodies (licensors, licencees, etc.) any information about actual or potential adverse events related to the use of Menarini’s products.
  • ensure you comply with the Netiquette; enforce Menarini’s legal rights; enforce Menarini’s Code of Ethics and Group Code of Conduct.
  • carry out promotional campaigns pertaining to Menarini’s activities, products or services (in compliance with the applicable laws on promotional activities of health-related products and services) by means of Menarini’s Social Network account, including by sending ads or messages provided that – where necessary – you consent to it.
  • sending you targeted ads (“profiling”) pertaining to the activities, products and services outlined at the previous bullet point provided that – where necessary – you consent to it.
  • regarding user data collected in connection with job openings published by Menarini via the Social Networks, assessing and/or establishing a professional relationship.

In case you publish data pertaining to third parties, it is your responsibility to clear any requirements pertaining to information and consent collection, in compliance with the applicable data protection laws.

Regarding your consent to the processing of the data about yourself that Menarini receives via your Social Network profile, we clarify that: (i) the relevant consents are conferred by you when you register with the Social Networks, and you may personalise them at any time (Menarini does not, however, control these operations in any way – they are managed entirely by the Social Networks); (ii) data processed by Menarini are those made available by the Social Network: this means Menarini is not responsible for any unauthorised disclosure of information by the Social Network or for the receipt of unwanted ads/messages, in breach of the options you have selected.

Your personal data will be processed mainly electronically, and will be entered in its IT systems in compliance with the applicable data privacy laws, including data security and confidentiality aspects, in line with the principles of lawfulness and fairness. Personal data will be stored for as long as strictly necessary to achieve the specific purposes pursued - in any event, the criterion used to determine the storage period is based on compliance with time limits permitted by law and the principles of data minimisation, storage limitation or rational management of our archives.

Menarini’s staff belonging to the following categories are authorised to process your personal data: technical and administrative staff, IT staff, product managers, internal audit and compliance as well as other staff members who require processing the personal data for performance of their job duties.

The personal data can be communicated also in foreign countries and/or outside Switzerland and/or the EU/EEA (“Third Countries”) to other companies of the Menarini Group (also located abroad) for administrative and accounting purposes.

Additionally, the personal data can be communicated, also in Third Countries, to Menarini’s supervisory body, to third-party companies, such as providers and sub-providers of IT and cloud computing services, networking service providers which manage Menarini’s Pages and companies that carry out consulting activities (e.g., tax, administrative, etc.) on Menarini’s behalf, institutions, authorities, public bodies for their institutional purposes, based on the applicable law; third parties in case of audits, mergers and acquisitions (also abroad). Recipients shall process data for the purposes indicated above and in compliance with the applicable laws.

Regarding any transfer of personal data outside Switzerland and/or the EU/EEA, including in countries whose laws do not guarantee the same level of protection to personal data privacy as that afforded by applicable privacy laws, Menarini informs that the transfer shall in any event take place in accordance with the methods permitted by the applicable privacy laws, such as, for example, on the basis of the user’s consent, on the basis of the Standard Contractual Clauses approved by the European Commission as adapted by the Swiss Federal Data Protection and Information Commissioner (FDPIC) or operating in countries considered safe by the respective Swiss authorities (FDPIC or federal council). Upon request we provide you with a list of countries where your personal data is transferred to.

By contacting Menarini at the e-mail address dataprivacy@menarini.ch , you may exercise the rights afforded by the applicable privacy laws, including: obtain confirmation of the existence of personal data which relate to you, check its content, origin, correctness, location (also with reference to any Third Countries), request a copy, request correction and in cases provided by law, restriction of processing, deletion/destruction, oppose to direct contact activities (also limited to particular means of communication). Likewise, you may always express any concern you may have about the processing of your personal data or lodge a complaint with the competent supervisory authority (for Switzerland the FDPIC). To withdraw the consent(s) you conferred to Social Networks you need to address your request directly to the Social Networks themselves.


NETIQUETTE

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Terms of use for the social media channels of A. Menarini GmbH

Dear user, thank you for your interest in the social media channels (especially LinkedIn, Facebook and Instagram, hereinafter referred to as the “Channels”) of A. Menarini GmbH (hereinafter referred to as the ”Company”). There are a number of things you need to know in case you wish to comment or post material on these Channels. The mission of the Company is to improve people's lives by providing high quality products to patients. In order to achieve this goal, the Company has the social and moral duty to adopt, support and promote ethically correct behaviour in line with the values of integrity, correctness and transparency, which have always distinguished it. The Company has adopted these principles and objects to any action and approach, which may promote, or even tolerate, behaviour, which is not in accordance with this. The Company operates in sectors governed by specific provisions; any discussions must therefore be in line with the terms of use set out below. Your data shall be processed in compliance with the applicable law. For more information, click here.

Any user who posts a message or replies to one of the posts published on any of the Company's Channels agrees to comply with these terms of use. They shall apply in addition to the conditions of use or any other legal notices provided to the users by the Company or by any companies that own the Channels used.

Whenever possible, the medical and scientific information made available is for informational use only and cannot be considered as professional advice replacing medical intervention or giving any customised treatment indication.

The user acknowledges that, where posting is permitted, any data, texts, graphics, pictures, their selection and arrangement and any other material the user decides to post by using the IT functions and tools of the chosen Channel (the "Contents") are the sole responsibility of the person who generated them.

Quotations, likes and comments are allowed, whereas discussions concerning products of the Company or of any other pharmaceutical companies, or treatment options, are not allowed.

Management and moderation are entrusted to people in charge of this, who carry out periodic checks on posted messages at least every 48 hours. In any case, the user acknowledges that the Company that manages the relevant Channel may not carry out any preventive oversight on the Contents, declining any responsibility for the Contents uploaded, posted or otherwise made available by the users.

Where provided for, the user also acknowledges that the Channel may allow sharing of Contents published with other social networks; the Company that manages the relevant Channel has no control over the subsequent processing of the Contents and refuses any responsibility or liability therefor.

The Company shall use its best efforts to respond to any users’ comments and questions; however, it is not possible to address certain topics, such as any matters directly related to the legal field, confidential information or information concerning medical disorders. If it is not possible to reply to a comment, a private message with the motivation may be sent, where allowed and permitted by the functionality of the chosen Channel.

In any case, it is absolutely forbidden for each user to send messages that include:

  • profanity, defamation, calumny; offensive, discriminatory or degrading, vulgar, xenophobic contents or any contents harmful to the dignity and sensitivity of others, praising hatred, violence or illegal behaviour;
  • intellectual and/or industrial property rights of third parties (such as trademarks or logos), or copyrighted materials (such as music, videos, texts) without the express consent from the holders of such rights;
  • any treatment indications;
  • political propaganda contents;
  • off-topic contents, or any contents written to disturb the discussion or offend those who manage and moderate the Channel;
  • offering medical or otherwise health advice in general;
  • commercial contents: for example, selling products / services, advertising campaigns, or recruiting fans and followers;
  • excessively repetitive and/or disturbing contents for the community or spamming;
  • any matters directly related to the legal field, confidential information or information concerning medical disorders;
  • any contents that violate the rules of conduct of the chosen Channel.
Furthermore, the user acknowledges that:
  • posted contents must never mention any drugs, medical devices or active ingredients of the companies of the Menarini Group or of any other pharmaceutical companies;
  • as provided for by the regulations in force, under no circumstances may promotional contents relating to drugs and medical devices be posted;
  • in no case should any legal proceedings, disputes / pending suits be mentioned;
  • the user has to obtain, before uploading any information that allows the identification of third parties (such as name, phone number, address, pictures and/or videos in which such third parties are portrayed), their prior consent to the publication and possible sharing via the Channel, it being understood that posting – through the functionalities and the IT tools available on the site – any pictures or Contents that concern a user automatically implies the consent of that user to their diffusion and sharing;
  • any use or mention of the user Contents or materials transmitted through the Channel's functionalities and IT tools or obtained by the user through said functionalities or IT tools is at the user's own risk.
The Company reserves the right to intervene by eliminating as soon as possible any posts which, at the Company’s discretion, may be deemed not to comply with these terms of use.

The user acknowledges the Company’s right / obligation to implement any measures whereby the competent authorities request the Company to disclose the identity of whoever may have sent said material. In no way shall the Company be liable for any loss or damage caused by, related to or resulting from any Contents posted by you or by other users.

For users who repeatedly violate these terms of use or the rules of conduct of the Channel used, the Company reserves the right (where technically allowed) to use ban or block to prevent further interventions and to report the user to the administrators of the Channel.

The Company may provide links or references to websites as part of the social content; however, the Company accepts no responsibility for the accuracy or content of such sites and is not liable for any damage resulting from such content.

By posting on any of the Channels managed by the Company, users acknowledge and agree that their posts and any ideas, techniques or contents may be freely used by the Company in any way and on any media, including on forums, on any other websites and social media pages of the Company, as well as in its business activity. As a result, users are encouraged not to submit ideas, materials or contents about which they wish to maintain confidentiality or for which they expect to receive a consideration.

Please do not use this Channel to report adverse events or side effects of drugs or medical devices. In case of side effects or adverse reactions following the use of a product of the Company, you should consult your doctor, pharmacist or any other healthcare professional immediately. You can report any adverse reaction directly to the Company by sending an e-mail to PV Menarini. Alternatively, you can report an adverse reaction to the competent authority (Swissmedic). For more information, click here.

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