www.owa-secure.com is a web portal belonging to IQVIA Operations France SAS, a company registered in France, the head office of which is at 17 bis Place des Reflets Tour D2 92400 Courbevoie, France (“IQVIA” and also hereinafter “we, us, our”). This portal is hosted by IQVIA.
2. ACCEPTANCE OF THE TERMS
2.1. Any User accessing the Portal accepts these Terms and agrees to comply with them. By using the Portal, the User represents and warrants being (i) at least 18 years of age and (ii) of sufficient capacity to enter into a contract.
2.2. In registering for and accessing the Portal, the User further represents, warrants and undertakes that (i) the information provided by that User to IQVIA is true and accurate, so as not to mislead IQVIA, (ii) the User will be not be violating any applicable law or regulation, and (iii) the User will not infringe any copyright, patent, trade mark or any other intellectual property rights of a third party.
3. CREATION OF AN ONEKEY WEB AUTHENTICATION ACCOUNT AND ACCESS TO PORTAL
3.1. Conditions for Obtaining the Identifier and Password
The process for creating and registering an account to access the Portal (a “OneKey Web Authentication Account”) is as follows:
3.1.1. The User shall provide the requested mandatory information on the registration form available on the Portal, while ensuring that it is accurate and complete.
3.1.2. IQVIA then automatically sends an email notification to the User containing a hypertext link together with his/her identifier and a modifiable password that will allow for activation of his/her OneKey Web Authentication Account. Thereafter, using his/her identifier and password and subject to these Terms, the User will be able to access and use the Portal;
3.1.3. With respect to the information provided by the User for purpose of registration, IQVIA independently verifies the accuracy and completeness of such information and may decide in its entire discretion whether, on the basis of the submitted information, the User meets the conditions for creating a OneKey Web Authentication Account.
3.2. Security of the Identifier and PasswordThe connection identifier and password for each User are strictly personal and confidential, and may not be used by anyone except the relevant User to which they are assigned. Every User is personally responsible for his/her connection identifier and password, and must therefore ensure their security and confidentiality. In case of loss or theft of his/her identifier and/or password, the User undertakes to so inform IQVIA as quickly as possible.
3.3. Modification of the Information Granting Access to the Portal
Users acknowledge and agree that the creation of an OneKey Web Authentication Account is contingent on the User's status. Consequently, Users shall promptly inform IQVIA of any modification of his/her status or professional situation that is likely to impact the access rights granted to the User herein.
3.4. Loss of Portal Access Right
IQVIA reserves the right, at any time and without prior notice, to deactivate an identifier or password in its absolute discretion, including in circumstances where (but not limited to):
3.4.1. the User has provided IQVIA with inaccurate, false or otherwise misleading information at the time of registration;
3.4.2. the User has not promptly provided an update in connection with his/her change of status in accordance with paragraph 3.3 above;
3.4.3. the change in the User's status no longer entitles the User to use an OneKey Web Authentication Account (in IQVIA’s absolute discretion);
3.4.4. the identifier and/or password has been communicated to a third party or a third party has been allowed to access the Portal using another User’s then current web session; or
3.4.5. the User has made fraudulent or otherwise unlawful use of the Portal.
3.5. Publisher websites
3.5.1. You acknowledge and agree that IQVIA has no control over any website owned or operated for or on behalf of a Publisher. IQVIA therefore disclaims any and all liability or responsibility for any content or services provided on or through any Publisher web site, or any User’s use or reliance on such content or services.
3.5.2. Each Publisher is responsible for its own web site. Hence, each Publisher may in its sole discretion determine who will be authorised to access its website, on the basis of the status of the Users and by means of the OneKey Web Authentication connection identifier and password. The Users acknowledge and agree that IQVIA is not involved in this decision and therefore IQVIA shall not be held responsible for any User’s inability to access any web site of a Publisher. In order to challenge any such website access refusal, the User should therefore directly liaise with the website's Publisher.
3.6. Use of the Portal
Once you are logged in, by using the Portal, you agree:
IQVIA does not want you to, and you should not, send any confidential or proprietary information to IQVIA via the Portal. Any submission by you to IQVIA, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of IQVIA.
- To use the Portal in accordance with the purpose set out in these Terms;
- To provide accurate information in the Portal;
- To use your password and username only for the purpose of authentication to the Portal, and not communicate, disseminate, share or make accessible, in any way, your password and/or username to any third party;
- Not post or upload any content contrary to any applicable laws or regulations, illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable;
- Not to post any confidential information relating to a third party (e.g., laboratory, patient), or any protected health information or any Personal Information of a patient or consumer.
Furthermore, by your submission you grant IQVIA an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. IQVIA shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
4. INTELLECTUAL PROPERTY
All intellectual property and other rights in the general structure, as well as the trademarks of IQVIA and/or its sister companies and subsidiaries including the logos showing on the Portal, any software programs, texts, animated or other images, technology and all other elements comprising the Portal are the exclusive property of IQVIA, its sister companies, licensors or subsidiaries (the “Content”). Save as expressly provided in these Terms, no Content may be copied, reproduced, modified, publicly displayed, used to create derivative works or distributed in any way for any commercial purposes. You may not use any robot, spider, deep-link, page-scrape or any other automated device or manual process to monitor or copy any Content from the Portal.
5.1. To the fullest extent permitted by applicable law IQVIA hereby disclaims any and all liability for loss, injury or damage (whether direct, indirect, consequential, incidental or special) arising out of or in connection with the use of the Portal by Users (including any use or access of third party websites through the Portal) or otherwise including, without limitation:
5.1.1. relating to the accuracy, completeness, reliability, availability, suitability, quality, ownership, non-infringement, operation, merchantability and fitness for purpose of any content contained in or accessed via the Portal;
5.1.2. any acts or omissions of any third parties in connection with a User’s use of the Portal;
5.1.3. relating to any interruption, failure or cessation of operation or transmission of the Portal;
5.1.4. resulting from reliance upon, operation of, use of or actions or decisions made on the basis of, any facts, opinions, ideas, instructions, methods, or procedures contained in or accessed via the Portal; and
5.1.5. resulting from any virus, worm, trojan, or any other kind of malware or contamination of computer equipment.
5.2. Users should carry out their own evaluation/verification exercise before choosing to rely upon any web site content which is contained in or accessed via the Portal.
5.3. The relevant User shall indemnify and hold harmless IQVIA in respect of all claims, charges, liabilities, demands, proceedings and actions, damages, losses, costs, expenses (including legal fees) and interest suffered or incurred by IQVIA and any of its affiliates as a result of or in connection with that User’s use of the Portal, or arising out of or in connection with that User’s violation of its obligation of confidentiality over its identifier and password as set out in paragraph 3.2 of these Terms, or their negligence regarding the security of the identifier and/or password.
6. INFORMATION TECHNOLOGY AND FREEDOMS
6.1. How IQVIA collects your Personal Information
The types of Personal Information we may collect (directly from you or from Third Party sources) and our privacy practices depend on the nature of the relationship you have with IQVIA and the requirements of applicable law. We endeavor to collect information only relevant for the purposes of Processing. Below are the legal bases and some of the ways we collect information and how we use it.
We collect Personal Information regarding Users as well as visitors and guests (collectively “Individuals”). We acquire, hold, use and Process Personal Information about Individuals for a variety of business purposes including to:
- generally manage Individual information and accounts;
- respond to questions, comments and requests;
- provide access to certain areas and features of the Portal;
- ensure internal quality control;
- verify Individual identity;
- communicate about Individual account and activities on the Portal and systems, and, in IQVIA’s discretion, changes to any IQVIA policy;
- process applications ;
- comply with regulatory requirements, including information relating to adverse effects experienced by patients using pharmaceutical products manufactured or distributed by our customers;
- prevent potentially prohibited or illegal activities;
- provide services to you and our sponsors;
- enforce our Terms ; and
- for purposes disclosed at the time that Individuals provide Personal Information or otherwise with consent.
Some of the ways that we may collect your Personal Information include:
- IQVIA may collect Personal Information from you through various channels, including when you register to access the Portal, in surveys, during business or marketing events, and when delivering programs and services to you.
- We may collect various information from healthcare professionals as part of the OneKey® index we maintain, including first name, last name, age, gender, address, medical specialization, professional qualifications, license number and scientific society membership number. For details about OneKey® and how its data are used, please visit: www.iqvia.com.
- As you navigate the Portal, certain passive information may also be collected, including Internet Protocol addresses, cookies, and navigational data. This type of information is used for the purposes of gathering data to provide improved administration of our Portal, and to improve the quality of your experience when interacting with our Portal.
- Furthermore, IQVIA may collect and process any Personal Information that you voluntarily provide to us in the Portal. IQVIA gathers data about visits to the Portal, including numbers of visitors and visits, geo-location data, length of time spent on the Portal, pages clicked on or where visitors have come from.
6.2. How IQVIA uses your Personal Information
Depending on how you interact with IQVIA, we and our Third Party-service providers may also use Personal Information in a variety of ways, including:
- Administrative Purposes. We may use the Personal Information about you for administrative purposes, including, without limitation, to: (a) measure interest in the Portal; (b) perform internal quality control; (c) verify identity; (d) send communications regarding the Portal, programs or services, your account, or any changes to any related IQVIA policy or terms of service; (e) prevent potentially prohibited or illegal activities; and (g) enforce the Terms.
- Marketing Products and Services. We may use the Personal Information about you to provide you with materials about offers, products and services offered by us or our customers or business partners. We may provide you with these materials by phone, postal mail, facsimile or email, as permitted by applicable law. If you do not wish us to use your Personal Information for marketing purposes, you may contact us at any time to opt out of the use of your Personal Information for such purposes, as further described below.
- Research and Development. IQVIA may use your Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and services or develop new products, processes and services.
- Anonymous or Aggregated Information. IQVIA may use and share your non-identified or aggregated information within the IQVIA group of companies or with Third Parties for public health, research, analytics and any other legally permissible purposes.
- Other Uses. IQVIA may use your Personal Information for other purposes disclosed to you at the time you provide Personal Information or with your consent.
6.3. Direct Mail, Email and Outbound Telemarketing
Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, newsletters, mailings or phone calls from us with information on IQVIA or our business partners’ products and services. In accordance with applicable law, we offer the option to decline these communications at no cost to the Individual by following the instructions provided at the time you provide Personal Information.
6.4. Research/Survey Solicitations
From time to time, IQVIA may perform research (online and offline) via surveys. We may engage Third Party-service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us enhance the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of the Portal, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous individual and aggregate data for research and analysis purposes.
6.5. All Internet Users – Cookies, Analytics Information, and Interest-Based Advertising
We may employ a cookie, or small piece of computer code that enables web servers to “identify” visitors, each time an Individual initiates a session on the Portal. A cookie is set in order to identify Data Subjects; tailor the Portal to you; measure and research the effectiveness of the Portal’s features, offerings and advertisements; and authenticate Users for registered services. Cookies can only access Personal Information that you have provided on the Portal and cannot be accessed by other sites. Data Subjects also have the ability to delete cookie files from their own hard drive at any time by clicking on the Privacy or History tab typically found on the Settings or Options menu in your Internet browser. However, please also be advised that cookies may be necessary to provide access to much of the content and many of the features of the Portal.
6.5.2. Interest-Based Advertising
Through the Portal, IQVIA may in the future allow Third Party advertising partners to set tracking tools (e.g., cookies) to collect anonymous, non-Personal Information regarding your activities (e.g., your IP address, page(s) visited, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-IQVIA related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.”
6.5.3. Non-identified Aggregated Information
IQVIA may use your Personal Information and other information about you to create non-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Portal or other online services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Portal. Non-identified or aggregated information is not Personal Information, and IQVIA may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within IQVIA and with Third Parties for our or their purposes in non-identified or aggregated form that is designed to prevent anyone from identifying you.
6.6. Choice/Modalities to Opt-Out
You have the right to opt out of certain uses and disclosures of your Personal Information, as set out in these Terms.
6.7. Onward Transfer
6.7.1. Service Providers
IQVIA may share Personal Information with our service providers that we have retained to perform services on our behalf including (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) User support activities.
IQVIA has executed appropriate contracts with the service providers that prohibit them from using or sharing your personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
6.7.2. Information Disclosed for Our Protection and the Protection of Others
We may disclose information about you: (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation; (iv) to enforce IQVIA policies or contracts; (v) to collect amounts owed to IQVIA; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Portal. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
6.7.3. Information Disclosed in Connection with Business Transactions
6.8. Data Transfers
All Personal Information sent or collected via or by IQVIA may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to IQVIA, you consent to the storage of your Personal Information in these locations.
The security of all Personal Information provided to IQVIA is important to us, and IQVIA takes reasonable steps designed to protect your Personal Information. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while IQVIA strives to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to IQVIA, and you do so at your own risk. You are responsible for maintaining the secrecy of your own passwords. If you have reason to believe that your passwords or Personal Information is no longer secure, please promptly notify IQVIA at [email protected]
IQVIA adheres to the Directive of 1995 and the GDPR from May 25th, 2018. IQVIA is the controller of the Personal Information processed through the Portal. Various IQVIA affiliates, located inside or outside the European Union, also may process your Personal Information, consistent with the practices described in these Terms.
IQVIA has put in place with its affiliates outside the EU, Standard Contractual Clauses in order to meet EU legal requirements. IQVIA affiliates outside the EU agreed to abide by such Standard Contractual Clauses in its processing of any Personal Information originating from the EU. IQVIA affiliates shall process, use and disclose Personal Information consistent with these Terms and applicable law.
Certain service providers also may be processors of your Personal Information, on our behalf, both inside and outside of the European Union, and have been chosen because of their experience in processing Personal Information and because they provide safeguards that are sufficient to comply with applicable law (including the technical security measures governing the processing to be carried out). In processing the Personal Information on our behalf, the processors operate under contracts with us and shall act only under our instructions, and agree to act consistent with applicable law for purposes consistent with these Terms.
6.11. Links to Third Party Websites
6.12. Right of Access, Rectification, Erasure and Deletion
IQVIA will address your concerns and attempt to resolve any privacy issues in a timely manner.
Users can also personally modify their Personal Information held by IQVIA online within the administration interface of the Portal, with the use of their identifiers (connection identifier and password).
7. PARTIAL NULLITY / WAIVER / UNASSIGNABILITY
7.1. If any provision of the Terms is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of the Terms, if capable of substantial performance, will remain in full force and effect.
7.2. No delay or omission by either party to exercise any right or power it has under the Terms will impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant will not be construed to be a waiver of any succeeding breach or any other covenant.
7.3. The Users shall not assign the Terms or any of their rights or obligations hereunder without the prior written consent of IQVIA.
8. FORCE MAJEURE
If and to the extent that IQVIA’s performance of any of its obligations is prevented, hindered or delayed by a Force Majeure Event (as defined below), then IQVIA will be excused for such non-performance, hindrance or delay, as applicable, of those obligations affected by the Force Majeure Event. For purpose of the Terms, a “Force Majeure Event” means fire, flood, earthquake, elements of nature or act of God, riot, civil disorder, rebellion or revolution, acts of war or terrorism, industry wide strikes and other similar cause beyond the reasonable control of IQVIA.
9. CHANGES TO THESE TERMS
We keep these Terms under regular review and we will place any updates on this page. If you continue to use the Portal after such changes have been made, you hereby provide your consent to the changes. If there are any material changes to these Terms, IQVIA will notify you as required by applicable law. We will post any adjustments to the Terms on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read these Terms periodically.
Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt out. Where your consent for the Processing of Personal Information is otherwise required by law or contract, we will endeavor to comply with the law or contract.
You are encouraged to regularly check the latest version of these Terms. Your use of the Portal following any such modification constitutes your agreement to follow and be bound by the Terms as modified.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and any and all claims, disputes or proceedings of any kind (whether contractual or non-contractual) arising out of or in connection with them shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada. You irrevocably submit to the exclusive jurisdiction of the courts in the province of Quebec in respect of all proceedings arising out of these Terms (whether contractual or non-contractual).
“Data Subject” is an identified or identifiable natural person. A Data Subject may be a User or any other natural person.
“Personal Information” is any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Third Party” is any natural or legal person, public authority, agency or body other than the Data Subject, IQVIA or IQVIA’s agents.