Privacy Notice for Social Network Users & Netiquette

Privacy Notice for Social Network Users & Netiquette

– art. 14 Regulation (EU) 2016/679 (“GDPR”)

This privacy notice describes how Menarini Stemline, (“Menarini”), 750 Lexington Avenue, 4th Floor, New York, NY 10022 and Stemline Therapeutics GmbH, Grafenaustrasse 3, CH-6300 Zug, Switzerland, 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 (also “Social Networks”) to interact with Menarini’s profile/pages on those Social Networks, or surf Menarini’s websites 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 social accounts, pages and or websites, 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 account/page/profile on the Social Network (“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 Page 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 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 Page or our websites. The legal basis of the processing is Menarini’s legitimate interest to promote its activities and enhance its company image (art. 6.1.f GDPR)

– 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. The legal bases of the processing are complying with legal obligations and pursuing a public interest in the field of public health, consisting in ensuring a high standard of safety and quality of Menarini’s products (arts. 6.1.c and 9.2.i GDPR)

– ensure you comply with the Netiquette; enforce Menarini’s legal rights; enforce Menarini’s Code of Ethics and Group Code of Conduct. The legal bases of the processing are pursuing the legitimate interest to avoid abuses committed by internet users via the Page, including infringing the mentioned Codes or any applicable laws, and defend its legal rights (art. 6.1.f and 9.2.f GDPR).

– 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. The legal basis of the processing is your consent, expressed to the Social Network (art. 6.1.a GDPR).

– sending you targeted ads (“profiling”) pertaining to the activities, products and services outlined at the previous bullet point. The legal basis of the processing is your consent, expressed to the Social Network, also in connection with cookies, Web beacons/trackers, pixel tags. (art. 6.1.a GDPR

– regarding user data collected in connection with job openings published by Menarini via the Social Networks, assessing and/or establishing a professional relationship. The legal basis of the processing is the performance of a contract or pre-contractual measures aimed at concluding a contract with you (art. 6.1.b GDPR).

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 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. 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 the user’s data: technical and administrative staff, IT staff, product managers, internal audit and compliance as well as other staff members who require processing the data for performance of their job duties.

The Data can be communicated also in foreign countries and/or outside the EU (“Third Countries”) to other companies of the Menarini Group (also located abroad) for administrative and accounting purposes pursuant to Article 6.1.(f) and Recital 48 of the GDPR.

Additionally, the 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.

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Regarding any transfer of Data outside the EU, including in countries whose laws do not guarantee the same level of protection to personal data privacy as that afforded by EU Law, the Controller informs that the transfer shall in any event take place in accordance with the methods permitted by the GDPR, 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, by selecting parties enrolled in international programmes for free movement of data or operating in countries considered safe by the European Commission.

By contacting the Data Protection Officer of Menarini, who may be reached at the email address dpo(at)Menarini(dot)com (please replace “at” with “@” and “dot” with “.”), you may exercise the rights afforded by arts. 15-22 GDPR, 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, 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 data or lodge a complaint with the Data Protection Authority. To withdraw the consent(s) you conferred to Social Networks you need to address your request directly to the Social Networks themselves.

Please contact us at the address indicated above if you:

Have any enquires or feedback on our data protection policies and procedures,
Need more information on, access, amend or exercise any other legal right concerning your data under the applicable laws.

Netiquette

Terms of use for the social media channels and the online community of Menarini Stemline

Dear user, thank you for your interest in the social media channels and in the online community of Menarini Stemline (hereinafter referred to as the ”Company”).

There are 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 behavior in line with the values of integrity, correctness and transparency which have always distinguished them. The Company has adopted these principles and objects to any action and approach which may promote, or even tolerate, behavior 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.

Any user who posts a message or replies to one of the posts published on any of the Company’s social media channels and online community (the “Channels”) agrees to comply with these terms of use, which shall apply in addition to the terms and conditions or any other legal notices provided to the users by the Company or by any companies that own the social platforms and the online communities 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 customized 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 (“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 during business hours in the Eastern timezone. 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 media 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 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 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 social media network, 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 social platform.

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. 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. For information on how to report any adverse reaction directly to the Company and the competent authorities, please visit: https://stemline.com/contact/.