Transfer of Value Data Transparency Statement

1. Important information and who we are

Purpose of this privacy policy

This statement relates to the Irish Pharmaceutical Healthcare Association's (IPHA's) privacy practices in respect of the processing of Transfer of Value (ToV) data relating to healthcare professionals received from its member companies, including the publishing of that data on the website www.transferofvalue.ie (the Website).

This statement does not contain any information relating to the processing of any personal data arising from visits to the Website, or any other forms of processing of personal data carried out by the IPHA, including in respect of the website www.ipha.ie. This privacy policy supplements other notices and privacy policies and is not intended to override them. Details of other privacy statements are set out below:

• IPHA Data Privacy Policy: https://www.ipha.ie/footer-links/privacy-statement (for employees, contractors and officers)
• Transferofvalue.ie Privacy Statement: https://www.transferofvalue.ie/privacy.aspx (for individuals using the Website)

The IPHA is committed to protecting the personal data of individuals whose ToV data is published on the Website. This privacy policy will inform you as to how we look after this data and tell you about your privacy rights and how the law protects you.

References to ToV data in this statement only includes such data where it includes personal data, and not ToV which is provided on an aggregated basis which is not capable of identifying any individual healthcare professionals.

References to "you" or "your" in this statement are to healthcare professionals whose ToV data is processed by the IPHA.

Controller

The IPHA is a data controller and responsible for your personal data (collectively referred to as "IPHA", "we", "us" or "our" in this privacy policy), in conjunction with the pharmaceutical companies who obtain your ToV data and publish it on the Website.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

Full name of legal entity: Irish Pharmaceutical Healthcare Association, Company Limited by Guarantee
Email address: oliveroconnor@ipha.ie
Postal address: 7 Clanwilliam Terrace, Dublin 2, Ireland, D02 CC64
Telephone number: (353) 1 661 0018

You have the right to make a complaint at any time to the Data Protection Commission (DPC), the Irish supervisory authority for data protection issues (www.dataprotection.ie). We would, however, appreciate the chance to deal with your concerns before you approach the DPC so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We collect, store and make available the following types of personal data about you:

• Identity Data: this includes your full name, title, principal practicing address and in some cases, unique country identifier (i.e., your registration number with the relevant professional body, such as The Medical Council or the Pharmaceutical Society of Ireland),
• Financial Data: this includes the amount you received from pharmaceutical companies, whether in payment or benefit in kind (i.e., ToV data)

We also collect, use and share Aggregated Data such as statistical data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate ToV data from all healthcare professionals shown on the Website, to provide an overall picture of how the pharmaceutical industry is working with healthcare professionals.

However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

3. How is your personal data collected?

Your personal data is uploaded to the Website by the pharmaceutical company(s) that you have worked with, in accordance with the IPHA Code of Practice for the Pharmaceutical Industry.

4. How we use your personal data

We will only use your personal data for the purposes for which it has been collected.

We publish the ToV data provided by pharmaceutical companies on the Website, which is managed by us.

Your personal data may also be aggregated with the data of other healthcare professionals for the purpose of statistical analysis.

The information which is published is made publicly available to increase transparency, and in accordance with the European Federation of Pharmaceutical Industries and Association's (EFPIA's) Disclosure Code of Transfers of Value to HCPs and HCOs and our Code of Practice for the Pharmaceutical Industry. Further information regarding the procedure and purpose of the processing of ToV data can be found in those documents.

5. Legal basis for processing your personal data

We are required by law to inform you of the legal basis for collecting and processing your personal information where we are the data controller in respect of such information.

In this regard, we primarily process the ToV data on the basis of legitimate interests. IPHA has carried out a balancing exercise, as is required, before relying on legitimate interests as the basis for processing.

We have identified a number of interests in publishing the ToV data, including increasing public and patient confidence in the integrity and independence of healthcare professionals and demonstrating transparency in relation to the pharmaceutical industry's relationships with healthcare professionals.

It is recognised that healthcare professionals have an interest in protecting their privacy. However, this is balanced against the fact that the data disclosed is quite limited. In addition, it is considered that healthcare professionals recognise the importance of transparency and accountability in their dealings with pharmaceutical companies, and the importance of this in maintaining trust in healthcare professionals.

It is our view that on balance the interests of the IPHA, pharmaceutical companies and also the general public override the privacy interests of healthcare professionals in respect of whom transfers of value data is published. In addition, IPHA has implemented a number of safeguards which would make it more difficult to reuse the data for additional purposes, such as preventing the indexing of the data through search engines.

We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

We may also rely on consent where you have consented to the pharmaceutical company providing the ToV data to us.

Where you have withdrawn any consent you may have provided to the processing of such data, then we will cease any processing of such data upon been informed of same by the pharmaceutical company, or alternatively upon being informed directly of this by you. In addition, where you have objected to the processing of your data, and that objection is upheld, then we will similarly cease processing such data if your objection is upheld.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6. Disclosures of your personal data

Your personal data is published on the Website, a publicly accessible database. We also may use third party service providers to support the operation of the Website, and who may only access your personal data for that purpose.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

In relation to the data which is publicly available on the Website, protocols have been applied to the Website to prevent the indexing of the data through search engines.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

Subject to the above, ToV data will remain publicly available on the Website for a period of three years following publication, after which the IPHA will securely destroy all personal data contained in the ToV data (i.e., payments / benefits in kind to individuals), including removing such data from the Website.

Note that this solely relates to ToV data for which the IPHA is the data controller. If you have any queries regarding the processing of ToV data relating to you by the pharmaceutical companies with which you deal with, such queries should be raised directly with those companies, which are independent data controllers in their own right.

In some circumstances you can ask us to delete your data: see your legal rights below for further information. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

In particular, you have the following rights:

You have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Note that in respect of the processing of ToV data, the only data we hold is that which is publicly disclosed on the Website.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you, in certain circumstances, to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • If you want us to establish the data's accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. As indicated above, the IPHA is primarily relying on legitimate interests to process the ToV data, not consent or contract.
• Withdraw consent at any time where we are relying on consent to process your personal data. As indicated above, we primarily rely on legitimate interests to process your personal data. If, however, you have provided consent to the pharmaceutical company to transfer your data to us and later withdraw that consent, we will stop processing your personal data upon being notified of same. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

You may contact us at the email address set out above, in which case we will usually respond within one month, unless your request is particularly large or complex such that additional time is required. We may need to request specific information from you to help us to confirm your identity.

In relation to the processing of ToV data, given your pre-existing relationship with the pharmaceutical company who provided you with the ToV, and not the IPHA, if your request concerns an objection to processing, we ask that you direct your request to the relevant pharmaceutical company in the first instance, as they will be best placed to assess your request. Contact details for the pharmaceutical companies through which requests may be submitted are provided on the transferofvalue.ie website. If you submit an objection to the processing of your personal data, and that objection is upheld by the relevant pharmaceutical company, then the company will amend its disclosure on the Website such that your personal data is no longer published on the Website.