Last updated: 09 February 2022
1. Introduction
Your trust is important to us. We are committed to treating your personal information with care and integrity. ViiV Healthcare UK Limited (“ViiV”) is the controller of your personal information. All personal information collected is held by Clinigen Healthcare LTD (“Clinigen”) on behalf of ViiV . This Notice explains how ViiV through Clinigen acting on ViiV’s behalf ("we", "us" and "our") collect, use, store, and disclose the personal information relating to you as part of your application to the Rukobia Charged Access Programme.
2. The personal information that we process may include:
- your basic information – initials, date of birth and gender.
- your health information – including HIV status, medical history including medicines which you are taking and have taken, pregnancy status and health information inferred from information that you provide to us.
3. We collect your personal information through:
- your application when applying to the Rukobia Charged Access Programme.
- our direct interaction with you, and where you provide information to us .
We may combine information that we have about you from various sources, including information that you provide to us and which is collected during our engagement with you.
4. We use your personal information for the following purposes:
- as part of the application to the Rukobia Charged Access Programme.
- to comply with legal, regulatory and other requirements, such as record-keeping and reporting obligations and conducting audits.
- responding to and dealing with your queries or requests including responding to reports you make of a possible side effect associated with one of ViiV products.
5. On what basis do we use your personal information?
We use your personal information on the following basis:
- Rukobia Charged Access Programme application: Managing the application process (including all screening and checks where applicable).
- for legitimate business purposes – using personal information helps us to operate, plan and improve our business activities. It allows us to check for circumstances that could give rise to a potential conflict of interest for either you or ViiV . It also helps ViiV to determine whether we can offer you access to Rukobia through the Charged Access Programme based on applicable law, industry codes and practice, and our policies.
- to comply with legal, regulatory and other compliance obligations – compliance with laws, regulations, rules, codes and guidance is important to us, and we would want to be able to comply with these.
- because you have given your consent - we will ask for your consent to allow us to use your personal information for one or more purposes. See “Your rights” for information about the rights that you may have if we process your information on the basis of your consent.
6. How long will we keep your personal information?
We will always keep your personal information for the period required by law. We will also keep your personal information where we need to do so in connection with legal action or an investigation involving us. Otherwise where you are registered on the Rukobia Charged Access Programme, we keep personal information for normally no longer than seven years unless we are required to keep for longer due to any legal or regulatory retention requirements.
7. With whom do we share your personal information?
We share certain elements of your personal information with:
- Clinigen’s third-party logistics providers solely to allow the importation/supply of the Product to the Physician or the pharmacist as applicable.
- Where required by law, governmental, tax, regulatory or similar authorities (e.g. customs in order to verify an import licence).
- Other Clinigen Direct users, being health care professionals or administrators from the same institute who have authorised access to the Clinigen Direct platform in respect of that same institute, in order to facilitate the ordering and supply of the Product.
- Other physicians’ administrators (who have access to Clinigen Direct) from the same or a different institute, if a patient consents to a transfer into the care of a different physician or pharmacist.
- ViiV’s affiliated companies.
8. Transfers of your personal information outside of your home country
Your personal information may be processed by ViiV, its affiliated companies and trusted third party suppliers anywhere in the world, including in countries where data privacy laws may not be equivalent to, or as protective as, the laws in your home country.
We will implement appropriate measures to ensure that your personal information remains protected and secure when it is transferred outside of your home country, in accordance with applicable data protection and privacy laws. These measures include data transfer agreements implementing standard data protection clauses. Law enforcement agencies, regulatory agencies, security authorities or courts in the countries we transfer your personal information to may have the right to see your personal information.
9. Protecting your personal information
We will use a variety of security measures and technologies to help protect your personal information from unauthorised access, use, disclosure, alteration or destruction, consistent with applicable privacy and data security laws. For example, when we retain a third-party service provider, that provider will be carefully selected in accordance with our policies and procedures and which commits the third-party service provider to use appropriate safeguards in relation to the handling of your personal information (including in relation to maintaining confidentiality of your personal information and implementing appropriate technical and organisational security measures).
10. Your rights
You may be entitled to:
- ask ViiV about the processing of your personal information, including to be provided with a copy of your personal information
- request the correction and/or deletion of your personal information
- request the restriction of the processing of your personal information, or object to that processing
- withdraw your consent to the processing of your personal information (where we are processing your personal information based on your consent)
- request receipt or transmission to another organisation, in a machine-readable form, of the personal information that you have provided to us; and
- complain to your local supervisory authority if your privacy rights are violated, or if you have suffered as a result of unlawful processing of your personal information.
11. Contact us
If you have questions or requests regarding this Privacy Notice, or if you would like to exercise your rights, please contact https://www.clinigengroup.com/direct/en-gb/contact-us/ who will facilitate contact with us.
12. Data controller and Data Protection Officer
ViiV Healthcare UK Limited is the controller of your personal information. You can contact ViiV’s EU Data Protection Officer by emailing EU.DPO@gsk.com. Please note that ViiV’s EU Data Protection Officer is also GlaxoSmithKline’s EU Data Protection Officer.
NP-GBL-HVX-COCO-220026 | February 2024
