Updated September 8, 2023
HUTCHMED (China) Limited and its affiliates (“HUTCHMED”, “we”, “our”) are committed to protecting and respecting your privacy and ensuring that your personal data is processed fairly and lawfully in line with all relevant data protection legislation. This Privacy Notice is intended for users of HUTCHMED’s services, products or Websites (as defined below), healthcare professionals, and other business partners with whom HUTCHMED wish to collaborate with or who already work with HUTCHMED. This Privacy Notice sets out the principles governing the use of your personal data that may be collected, received, used, stored and disclosed in connection with your use of our websites and online properties (the “Websites”) and through other means that expressly reference this Privacy Notice. By using the Websites, you are acknowledging and accepting the practices set out in this Privacy Notice.
Please note that if you are a participant enrolled in a clinical trial sponsored by HUTCHMED, you will receive a separate notice at the time you enroll in the trial that applies to the processing of personal data collected about you in the course of the trial, and if you use the Websites to apply for a job with HUTCHMED, you will receive a separate notice at the time you make the application that applies to the processing of personal data collected about you during the recruitment process. In the event you report an adverse event you have experienced whilst taking a HUTCHMED product, request medical information or make quality complaints about any HUTCHMED product you are taking through the Websites, mail, hotlines or other means, please review the Privacy Notice for Pharmacovigilance, Medical Information and Product Quality Complaints, available via this link to get further information on how we process your personal data in those specific contexts.
HUTCHMED’s processing of your personal data may be subject to data protection laws in the European Economic Area (the “EEA”), the United Kingdom (the “UK”) and People’s Republic of China (“China”), including the General Data Protection Regulation (EU) 2016/679 (the “GDPR”), the UK General Data Protection Regulation (the “UK GDPR”), the UK Data Protection Act 2018 (the “DPA18”) and the Personal Information Protection Law (the “PIPL”) (as the case may be). The controller of your personal data is HUTCHMED (China) Limited, whose contact information is provided below in the “Contact Us” section of this Privacy Notice. If you are a California resident, HUTCHMED’s use of your personal data may be subject to the California Consumer Privacy Act (“CCPA”), which is discussed in more detail below under the Notice to California Residents.
WHAT PERSONAL DATA DO WE USE?
HUTCHMED may collect, receive, use, store, transfer and otherwise process the following personal data (including certain sensitive personal data) about you in connection with the Websites:
We use different methods to collect personal data, including sensitive personal data, from and about you, including through:
You may be requested to provide some or all of the personal data described in this Privacy Notice in connection with your use of the Websites. If you fail to provide certain information when requested, and this personal data is necessary for us to comply with our legal and regulatory obligations, to perform the contract we have entered into with you or to manage our relationship with you, we will not be able to continue your involvement with the Websites. In all other cases the provision of your personal data is voluntary.
The opt-outs described above are device- and browser-specific and may not work on all devices. If you choose to opt-out through any of these opt-out tools, this does not mean you will cease to see advertising, but the advertisements you see will not be based on your interests as identified through information collected through the Websites.
HOW WILL WE USE YOUR PERSONAL DATA?
HUTCHMED only processes personal data where we have a legal basis for doing so. Most commonly, we will rely on one or more of the following legal bases to process your personal data:
HOW WILL WE SHARE YOUR PERSONAL DATA?
Your personal data, including sensitive personal data, may be shared with or accessed by the following parties:
We may also sell, transfer or otherwise share some or all of our business or assets, including personal data, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganisation or sale of assets, or in the event of bankruptcy or dissolution.
HUTCHMED may store in and transfer your personal data to the United States, the EEA, the UK, China and other jurisdictions, including to facilitate our third-party processors’ access to and/or processing of personal data, and these jurisdictions may have data protection laws that are not as protective as those in your jurisdiction. When we transfer your personal data outside the EEA, the UK and China, and to the extent required by the GDPR, the UK GDPR and the DPA18 and the PIPL, we rely on appropriate or suitable safeguards to transfer your personal data, including:
Please note if your personal data is located in China, HUTCHMED will not disclose such personal data to foreign judicial or law enforcement authorities without the approval of the competent authorities of China.
For more information, including to obtain a copy of the documents used to protect your personal data, please contact us using the information provided in the “Contact Us” section of this Privacy Notice.
HOW LONG WILL WE RETAIN YOUR PERSONAL DATA?
HUTCHMED seeks only to retain personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, safety or reporting requirements. 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. In all cases, to determine the appropriate retention period for personal data we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
WHAT ARE YOUR RIGHTS?
HUTCHMED intends to keep your personal data accurate and up to date. Please notify us of any changes to your personal data as soon as they occur. From time to time, we may ask you to submit updated personal data to ensure our records are up to date. You also have certain rights with respect to your personal data:
Your rights under the GDPR, the UK GDPR and the DPA18 and the PIPL may be limited, such as where fulfilling your request would affect the accuracy or reliability of the research, where doing so would reveal personal data about another person or would infringe the rights of a third party (including our rights), or if you ask us to erase personal data that we are required by law to keep or have compelling legitimate interests in keeping. You will be informed of any relevant exemptions we rely upon when responding to your request.
You have the right to complain to an EEA, UK or Chinese data protection authority in the place you live, work or where you believe a breach of the GDPR, the UK GDPR or the DPA18, or the PIPL occurred. You also have the right to lodge a complaint with the competent data protection supervisory authority. We would, however, appreciate the opportunity to deal with your concerns before you approach a supervisory authority, and so ask you to please contact us in the first instance.
We have implemented reasonable technical and organizational measures and procedures designed to protect your personal information against accidental or unlawful destruction, loss or alteration and against unauthorised disclosure or access. We implement classification-based management of personal data. We have established a department responsible for personal data protection and related management systems. We hold regular trainings for our staff to keep them updated on changes in personal data protection related laws and regulations. However, we cannot guarantee the protection of your personal data as no data transmission over the Internet can be guaranteed to be completely confidential or 100% secure. If our physical, technical, or organizational measures are circumvented, compromised, or destroyed, it may be possible for unauthorized persons to access, disclosure, alter, or destroy your personal data, and your rights and interests regarding your personal data may be impaired or damaged as a result.
In the event of an unfortunate security incident involving your personal data in our custody, we will comply with our legal obligations to inform you of the type of personal data involved, the mitigation measures we have taken or will take, and our suggestions for how you can prevent and mitigate any harm to your rights and interests. We will promptly inform you of the circumstances of the incident by mail, letter, telephone, push notification, etc. When it is difficult to individually inform all impacted individuals, we will give an announcement in a reasonable and effective manner. We will also comply with our legal obligations to report the security incident to relevant regulatory authorities as required by the relevant regulatory authorities and applicable laws.
Our website is not directed to children under the age of sixteen, and we do not knowingly collect personal data from children under the age of sixteen, nor do we knowingly sell or share such information. If we discover that we inadvertently collected personal data from a child under the age of sixteen, we will promptly delete it.
LINKS TO OTHER WEBSITES
The Websites may reference or provide links to third-party websites. We are not responsible for the privacy practices or the content of other websites. This Privacy Notice applies only to the personal data we collect through the Websites or through other means that expressly reference this Privacy Notice. We encourage you to read the privacy statements of all of the destination websites which you visit.
NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, then this section of our Privacy Notice may apply to you. This section is intended to describe our practices and your rights under the California Consumer Privacy Act of 2018 (“CCPA”) and applies to Personal Information of California residents. For purposes of this section, the term “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
CCPA Notice at Collection
The CCPA requires us to provide certain disclosures before our collection of Personal Information from California residents, as summarized below. We collect sensitive Personal Information in the context of clinical trials, which is exempt from the CCPA.
Purposes for Collecting, Selling or Sharing, or Disclosing Personal Information
As discussed above, we may collect, use, sell or share, and disclose Personal Information for the following purposes:
CCPA Consumer Rights
California residents may have certain consumer rights. These rights may include:
We will not discriminate against you for exercising any of these rights, for example, by charging a different price or denying goods or services. However, we may charge a different price or rate or provide a different level or quality of goods or services when that difference is reasonably related to the value provided to us by the data.
To exercise any of these rights, please email firstname.lastname@example.org with the phrase “California Privacy Rights” in the subject line, call us toll-free at (855) 557-0909, or send us a letter at the postal address listed below. Once we have received your request, we will need to verify your identity. To do so, you may be required to supply a valid means of identification or other information as a security precaution. If you make a request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf. We will process your request within the time provided by applicable law.
Other California Privacy Rights
California’s “Shine the Light” law permits California residents to annually request and obtain information free of charge about what Personal Information is disclosed to third parties or among our affiliated companies for their direct marketing purposes. We do not distribute your Personal Information to outside parties without your consent for their direct marketing.
We may update this Privacy Notice from time to time. If any update has a material change to the way we treat your personal data and/or Personal Information, we will inform you of that change via e-mail or by posting a notice on relevant areas of the Websites. Any updated version of this Privacy Notice will be effective as of the date at the top of the Privacy Notice.
Attention: Legal Department
Level 18, The Metropolis Tower
10 Metropolis Drive
Hung Hom, Kowloon, Hong Kong
+852 2121 8200 (Tel)
+852 2121 8281 (Fax)
By email: email@example.com
By telephone: +852 2121 8200