1. Information

    This Privacy Policy governs the manner in which MSD Proprietary Limited ("MSD") treats the personal information which you provide to us electronically when you use our Website, use the Services and/or contact us electronically or telephonically, in accordance with the Protection of Personal Information Act, 2013 ("POPI").

    We respect your privacy and your personal information and for this reason, we take all reasonable measures, in accordance with this Privacy Policy, to protect your personal information and to keep it confidential, even when you are no longer a user of our Website and/or the Services. The same applies to third party personal- or health information that we handle, subject to the written consent of such third party (e.g. a patient).

    This Privacy Policy must be read together with the MSD4Access Website terms of use agreement ("Terms"). To view the Terms, please click here. Unless defined elsewhere, terms in this Privacy Policy shall bear the meaning ascribed to them in the Terms.

    Where there are reasonable grounds to believe that personal information has been accessed or acquired by any unauthorised person, we will notify the affected persons and the Information Regulator which is appointed in terms of POPI. We will only delay notifying affected persons only in cases where a public body instruct us to do so in the case of criminal investigations.

    By continuing to use our Website and/or using the Services, you agree to the terms and conditions of this Privacy Policy. If you do not agree with the provisions of this Privacy Policy, or are concerned about any aspect as it relates to the protection of your personal information, please do not continue to use the Website and/or the Services.

  2. How is your personal information used and disclosed?

    You agree that we may use the information that you provide to us, including the personal information we hold about you in the following ways:

    • to identify you;
    • in order for us to process your assistance requests relating to the compilation of a Request;
    • in order for us to ensure that we provide you with the best possible service at all times;
    • in order to ensure that we are in a position to live up to our vision of “helping to improve patients' lives”;
    • in order to ensure that you are able to seamlessly access the information on our Website which is most suitable to your practice;
    • in order to compile a profile about you which enables us to personalise and tailor our services to meet your specific needs;
    • in aggregate, de-identified form, for internal business purposes such as generating statistics and developing strategy relating to the website and this service;
    • to allow you to participate in interactive features of our Services, when you choose to do so;
    • to carry out any contracts that may form between us; and
    • to notify you about changes to the Services.

  3. What is personal information?

    Personal information refers to information that identifies or relates specifically to you, for example, your name, email and practice information. In short, any information that we know about you and that is able to be linked to you will be regarded as your personal information. It could also include information relating to your patients, and if such infromation contains personal identifiers, such patient would have to provide written consent to the information being provided to us.

  4. What type of personal information will be held by us?

    We will only collect and hold personal information that is reasonably necessary for the functioning of our Services and information necessary for our legitimate business interests or activities. Therefore, we will hold personal information such as, but not limited to, your name, email address, contact information, your preferred treatment and healthcare plan for a patient, etc. It could also include certain de-identified information relating to your patients, including, inter alia, patient file number, patient year of birth, gender of patient, condition of patient and a description of the proposed treatment and the treatment failure, and, if not totally de-identified, the sharing and use of which the patient consented to.

    We will take every reasonable technical and organisational step to protect the security of your- and third party personal information.

    We require our personnel to respect the privacy of other people and to comply with this Privacy Policy together with any internal procedures that we may put in place from time to time. We will also take reasonable steps to protect your personal information from misuse, loss, interference, unauthorised access, modification or disclosure by means of physical security and restricted access to electronic and paper based records.

    We may also archive personal information (i.e. practitoner name, surname and queries or requests) where appropriate. No patient information will be archived.

  5. How we collect Personal Information?

    We collect personal information when you first register on the Univadis Website as well as when you request assistance as part of the Services.

    In addition, our Website uses "cookie" and "web beacon" technology. We use such technology to gather information about your use of the Website including details of your operating system, browser version, domain name, and IP address (the IP address is a string of numbers that tells us which server you are using so that technical complaints can be addressed). The process of gathering information described above uses a technology known as "cookies". Cookies are pieces of information a website transfers to a user’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences, tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. A web beacon is a small string of code that represents a clear graphic image and is used in conjunction with a cookie. The use of cookies and web beacons is an industry standard. If you do not wish us to collect the information your browser should allow the disablement of cookies and web beacons. You can disable cookies at any time by using your browser options, however, if you turn off cookies, we will not be able to recognise you as a registered user and therefore will not be able to allow you access to your information.

    The Website may occasionally contain links to third-party websites. We are not responsible for the content of these third-party websites or for the security of your personal information when you use the third party websites. These third-party service providers and third-party websites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. They may also collect information that is not personal information such as your IP address, browser specification, or operating system.

    This Privacy Policy does not govern personal information provided to, stored on, or used by these third-party providers and third-party websites. We recommend that when you enter a third-party site, you review the third party website’s privacy policy as it relates to how such third parties collect, process, store and protect your personal information. We cannot control or access cookies used by third party service providers. This Privacy Policy covers only cookies used by us, and not any cookies used by third parties.

  6. Disclosures of personal information

    We may disclose information about you to Merck & Co., Inc. in the United States and its worldwide Merck Sharp and Dohme (MSD) subsidiaries (collectively, "Merck"). Merck has adopted an Online Privacy Commitment http://www.msd.com/privacy/internet-privacy-policy/ to its website visitors which policy is hereby adopted by this Privacy Policy and made an integral part thereof. In the event of conflict between the terms of this Privacy Policy and the policy adopted by Merck, the terms of this Privacy Policy shall prevail. Your information may also be made available to Merck's affiliates, or companies working as agents on behalf of Merck (such as companies that collect and process your information for us as well as companies that assist us in fulfilling your requests or informational requirements about our products or other services). Merck has sought assurances by contract from these companies that they will only use this information at Merck's direction, in a manner that is consistent with this Privacy Policy. These companies are also required to sign a confidentiality agreement that prohibits them from sharing, selling, or in any way providing this personal information to anyone else.

    In addition, our Website may use aggregated information for the purposes of tracking the usage of our Services and, in order to help us develop and improve the Website and such services, we may pass this information to third parties. The aggregated personal information and statistics passed to third parties will not, however, include details that can be used to identify you or your patients. We will not sell, rent or provide your personal information to unauthorised entities or other third parties, for their independent use, without your and your patients’ express consent. If at any stage, after you have given us your consent, you no longer wish us to use or share your personal information with an affiliate, you may at any stage withdraw your consent. This you can do by using the contact details below under point 12.

    Personal information may also be shared under the following circumstances:

    • when required by the laws of the Republic of South Africa. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements or discovery requests. Medicines legislation also require of us to report suspected adverse events and other aspects relating to our products, which reports are processed internally within MSD and the Merck Group and to appropriate regulators, including the MCC;
    • under special circumstances where we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against a party who may be breaching our Terms or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities.

  7. Protection of personal information

    We value the information that you choose to provide us with and we will take reasonable steps to protect all personal information from loss, misuse or unauthorised alteration. The information we maintain concerning our customers is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information. However, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your information transmitted to our Website. Any transmission of your information to our Website is entirely at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

    In order to use our Services, you will be required to enter your unique username and password. You are responsible for maintaining the secrecy and confidentiality of your username and password. Please do not share your password with anyone.

  8. Update of your personal information

    If you ever want to update or correct any of your personal information held by us, you can update and correct your information by contacting MSD via email or telephonically – see the contact details below under point 12.

  9. Changes to this Privacy Policy

    We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) this Privacy Policy from time to time. Any changes to this Privacy Policy will be drawn to your attention on our Website. You agree to review the Privacy Policy whenever you visit our Website for any such amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.

  10. Which laws apply

    This Privacy Policy will be governed by and construed and interpreted in accordance with the laws of South Africa. To the extent that a court or another forum has jurisdiction over any dispute which may arise out of or in connection with this Privacy Policy, we both submit to the jurisdiction of the South African courts or such forum.

    Copies of POPI and the ECT Act can be viewed and downloaded at http://www.justice.gov.za/legislation/acts/2013-004.pdf and http://www.internet.org.za/ect_act.html, respectively. It is your responsibility to ensure that the copies downloaded or viewed are the most recent versions of POPI and the ECT Act.

    In the event that any part of this Privacy Policy are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

    No relaxation or indulgence which we may grant to you will be deemed to be a waiver of any of our rights in this Privacy Policy, the Terms or in law.

    The termination of any agreement created by this Privacy Policy or the Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of this Privacy Policy or the Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

    In terms of health information, the provisions of the National Health Act, 2003, apply to the sharing and use of such information. A copy of the National Health Act is available at: http://www.saflii.org/za/legis/consol_act/nha2003147/.

  11. Your rights

    You have the right to request that we correct, destroy or delete any of your personal information that we have Processed in accordance with this Privacy Policy if you are of the view that such information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or that we are no longer authorised to retain it.

    You also have the right to withdraw your consent for us to process your personal information at any time. However, you must be mindful of the fact that any such withdrawal may have an impact on our ability to provide our Service to you.

  12. How do you contact us?

    If you have questions about this Privacy Policy, or wish to amend or update any of your personal information you may log into msd4access.co.za or contact us at:
    Telephone number: +27 11 655 3000
    Email address: msd4access@merck.com