Privacy Policy

For Patients of Momentum Patient Support Program, Easypod^® and Easypod^® Connect

 

 

 

1. Scope

 

At EMD Serono, we respect your privacy and take seriously our duty to your Personal Data. This privacy policy provides information on the practices we take with your/your child’s (“you”, “your”) Personal Data for the Momentum Patient Support Program (“Momentum”) which is provided by EMD Serono, a division of EMD Inc., Canada (“us” or “we”) and the Easypod^® device, transmitter and Easypod^® Connect software (“Software”). This privacy policy does not cover other programs or services provided by EMD Serono including the growlink^TM app, websites including the mymomentum website or patient support programs for other products; those are governed by separate privacy policies.

 

The Software is provided and owned by Ares Trading SA, Zone Industrielle de L'Ouriettaz, 1170 Aubonne, Switzerland, an affiliate of Merck KGaA, Darmstadt, Germany.

 

The Software runs on the Health Harmony^® platform, a platform owned by Care Innovations (part of the ICON plc Group), LLC, 950 Iron Point Road, Suite 160, Folsom, California 95630, USA (“Care Innovations”), which is the legal manufacturer of the Health Harmony platform

 

“Personal Data” means any information relating to, or capable of identifying, a natural person or “data subject”. This can include either direct identification by reference to a person’s legal name, or indirectly through other identifiers (such as referring to the physical, physiological, genetic, mental, economic, cultural or social identity of an individual).

 

The Software has been designed and implemented with due consideration of applicable privacy law, including the General Data Protection Regulation (EU Reg 2016/679 “GDPR”) as a standard reference. Depending on your location, more specific privacy laws may apply in your case. Under applicable privacy law, ATSA acts as a data controller, and Care Innovations as a data processor.

 

 

 

2. Which Personal Data will be collected?

 

Momentum: In order to enroll you in Momentum, your healthcare professional (“HCP”) has provided us with certain information about you, as outlined on the enrolment form, including:

 

• Your name and contact information for you and/or your caregiver(s) (e.g., name, address, phone number, email address);
• The relationship of each caregiver to you, the patient;
  • Data collected and transmitted from your easypod device;
  • Personal health information (e.g., treatment plan, biometric data)

 

 

Easypod: As a patient using the easypod device, the easypod device collects the following data:

• Injection history: date, time, dose injected, injection type; and
• Device identification and settings.

 

Personal Data will be pseudonymized and encrypted while stored in the Software and associated systems, to ensure that only persons authorized by ATSA may access and process it. The pseudonymization process of the data consists of assigning, masking or substituting all identifying data with a neutral identifier (i.e., a random pseudonym, aliases or number).

 

The easypod device is linked to the Software which can transmit your data, to be accessed by your HCPs by logging into a secure, web-based portal (the “easypod connect website”). Data can also be entered by your HCPs about your treatment (for example, height and weight measures or previous and next appointments). Your HCP remains responsible towards your Personal Data accessed, used, entered, created, generated or recorded through his/her own use of the Software, which are governed by separate privacy obligations

 

The use of the Software is optional, however your use of this feature constitutes implied consent to the foregoing.

 

 

 

3. How will your Personal Data be used?

 

Momentum: Your Personal Data will be used to provide Momentum services to you. This includes monitoring of your progress on therapy, reporting on progress to your HCP team, in-home injection training and nursing support, assistance in communicating with drug plan administrators, managers or insurance companies to aid in securing reimbursement coverage for your prescription, reporting on your insurance coverage and therapy progress to your HCP team, delivering materials directly to you such as brochures and medical supplies and opportunity to participate in market research involving people using growth hormone or educational initiatives in your area. The Program may de-identify your Personal Data for use such as performing research, education, business analytics and other commercial purposes, including by combining your Personal Data with other data for such analyses. In such circumstances, your Personal Data will not be shared outside of the Program in any way that allows you to be identified. Additionally, we may use your Personal Data to send you information from time-to-time regarding related programs, products and services, that may not be available at the time of your enrollment into Momentum and may be of interest to you. We will never sell your Personal Data or use it for purposes not described in this Privacy Policy, without your permission.

 

Software: In order to better understand the use and to improve the Software, We, and our affiliates, will also use your pseudoanonymized data for aggregated and statistical reports and business reviews, as well as to create general adherence reports.

 

Software: In order to better understand the use and to improve the Software, We, and our affiliates, will also use your pseudoanonymized data for aggregated and statistical reports and business reviews, as well as to create general adherence reports.

 

We are using your data for statistical purposes by using analytical tools for troubleshooting to ensure the proper functioning of the Software, and for compiling reports on website activity, measuring website visits and visitors. The data collected for this statistical purpose is your IP address (replaced by a generic IP address before storage), your City, your Country, your Language, your phone’s operating system, your browser’s type and version.

 

We process this data based on our legitimate interest to ensure due operation of the Software.

 

You can object, for the non-troubleshooting elements, to the processing of your data for statistical purposes by using the following link ("Use of Adobe Marketing Cloud by our business customers" section): http://www.adobe.com/de/privacy/opt-out.html.

 

 

 

4. Who will access to your Personal Data?

 

We may disclose Your Data to our affiliates and subcontractors for the purposes described in this policy.

 

Momentum: Your data can be accessed by your doctor, nurses, clinical staff, relevant EMD Serono employees and others within your circle of care, in accordance with the conditions set forth in this Privacy Policy. Your Personal Data may be accessed incidentally by EMD Serono or its contractors when maintaining IT systems containing such Personal Data.

 

Easypod: When using the Easypod device, your injection history and device identification may be synced online to the easypod connect software database, which is accessible to your doctor, nurses and clinical staff through the easypod connect website. This enables your healthcare practitioners to track your injection history in real time.

 

Note that if you are under 18 years of age, your Personal Data can be accessed by your parent(s) or caregiver(s) if they have requested and obtained an account. This access helps them to support you during your treatment. If you are over 18 and you wish to request the deactivation of the accounts of your parents or caregivers, you can do so by contacting us at the contact information below.

 

 

 

5. Where we store your Personal Data and how do we protect it?

 

Momentum: Your Personal Data may be collected, used and disclosed and/or stored outside of your province/territory or country, and the privacy laws of those jurisdictions may be less stringent than the laws of Canada and/or your home province/territory, including the United States.

 

Easypod: Personal Data we collect from you and that are entered and generated using easypod is stored by ATSA or a third party acting on its behalf. This data is stored ultimately on servers located within the European Economic Area ("EEA"). It may however be transferred to and processed by staff operating either within or outside the EEA (including within the United States) who work for ATSA, Merck, their affiliates or for one of our suppliers (i.e. Care Innovations). We will take all steps reasonably necessary to ensure that the data you provide is treated securely and in accordance with applicable privacy laws and this Privacy Policy.

 

We protect your privacy by using a combination of administrative, physical, and technical safeguards. These measures include single sign-on, two factor authentication, firewalls, intrusion protection, perimeter security, encryption, logging and monitoring. All Personal Data you provide is stored on secure servers and we take all reasonable steps to protect it. We apply security safeguards in accordance with industry standards and applicable regulations, including encryption and secure https access, to protect Personal Data.

 

 

 

6. Data retention period

 

We will retain your Personal Data for as long as you are enrolled in Momentum and for the period of time that is required to provide treatment-related services to you. Your Personal Data may form part of your health record which is kept by your doctor. This means that your doctor decides how long your data will be stored according to the law.

 

 

 

7. Right to access, review, correct and object

 

You may request access to your Personal Data held by us and receive a copy of your personal data in a common electronic data format, for the purposes below. Please contact our data protection officer in these cases privacy@emdgroup.com. If you want to have all of your data deleted, please also contact your doctor.

 

• Right of access: The right to obtain further information on the processing of any Personal Data and to receive a copy of such data.
• Right to rectification: The right to request that we correct or complete any inadequate, incomplete or inaccurate Personal Data.
• Right to erasure: As previously mentioned, you may request for such Personal Data to be deleted.
• Right to stop processing: Under certain conditions, you may request us to stop or restrict the processing of such Personal
• Right to lodge a complaint with a supervisory authority: Where you feel that such Personal Data has been processed in a way that violates applicable privacy law, you may contact the applicable data privacy regulator for your location.

 

8. Consent

 

Your participation in the Momentum program and use of the easypod and easypod connect constitute your consent to the collection, use and disclosure of Personal Data as set out in this policy.

 

In addition, you authorize us to obtain further information from your prescribing physician and health insurance company as deemed necessary to ensure the accuracy and completeness of your Personal Data and to administer the Program, and that such further information may include personal information and/or personal health information.

 

You understand that any financial assistance provided to you as a result of your enrolment in the Program may be reportable income to public or private payers or government agencies. You understand that you are solely responsible for any such reporting as well as ensuring compliance with accepting such financial assistance.

 

Your decision to participate in Momentum and easypod connect is independent from your treatment and entirely voluntary. You are free to change your mind and withdraw your consent in whole or in part by informing your healthcare practitioner or Momentum at any time. Please note that the use of the easypod device is integral to your treatment plan. Therefore, you cannot opt out of having information collected by the easypod device. Please note that if you withdraw your consent, we will be unable to provide you with Momentum and/or easypod connect services. Alternately consult your doctor if you wish to switch to a pen alternative.

 

Verbal consent to the practices identified in this policy will be confirmed by your Momentum nurse.

 

 

 

9. Contact

 

If you have questions regarding the use of your Personal Data in relation with Momentum or the easypod device or transmitter, please contact our Data Protection Officer: privacy@emdgroup.com, or at:

 

Data Privacy Officer
EMD Serono

 

200-2695 North Sheridan Way

 

Mississauga, ON, L5K 2N6

 

L5K 2N6
Canada

 

For additional information, please visit
https://www.emdserono.ca/ca-en/privacy-statement.html

 

Last updated: October 2022

 

©2022 EMD Serono. All rights reserved. The easypod® connect software is
owned by Ares Trading SA, Zone Industrielle de L'Ouriettaz, 1170 Aubonne,
Switzerland.

EMD Serono, A Division of EMD Inc., Canada. A business of Merck KGaA,
Darmstadt, Germany- www.emdserono.ca