Participant Terms of Use

Last Updated: 21 Nov 2022

We, ICON CLINICAL RESEARCH LIMITED (“ICON,” “we,” “us,” “our”) own and provide this Digital Platform Application (“App”). This App provides online solutions for clinical research. PLEASE READ THESE TERMS OF USE BEFORE USING THIS APP. By using this App, you agree to these Terms of Use. If you do not agree to these Terms of Use, you must not access and use this App.

If you are accessing and using this App, you are participating in a clinical study ("Study"). This Study is sponsored by a company ("Sponsor"). We are making this App available to you on behalf of that Sponsor, and under the instructions of that Sponsor. The Sponsor has overall responsibility for the Study itself. If you are not sure who the Sponsor of the Study is, you can find out by speaking with your Study doctor or your point of contact for the Study.

You must use this App only to participate in the Study and only as directed by your Study doctor.

If you are a Study doctor, site personnel or other user, these Terms of Use do not apply to you. Instead, please read Site User T&C

1 ARE YOU PERMITTED TO USE THIS APP?

You may only access and use this App if we have granted you with access to the App through the App’s registration process. You must be 18 or over to accept these Terms of Use and use this App.

2 PURPOSE OF THE APP

You may only use this App to complete Study-related tasks online, during your involvement in the Study.

For some Studies, you may not be able to participate if you do not use this App. You may contact your Study doctor or your point of contact for the Study, if you have questions about your use of the App as part of the Study.

3 THIS APP DOES NOT PROVIDE MEDICAL ADVICE

This App does not provide any medical advice, diagnosis or treatment. It is not a medical device. Always contact your Study doctor or qualified healthcare provider if you have any questions or concerns about your medical condition or about the Study.

You must obtain professional or specialist advice from a registered healthcare professional before taking, or not taking, any action on the basis of the information in this App.

You must obtain professional or specialist advice from a registered healthcare professional before taking, or not taking, any action on the basis of the information in this App.

If you think you are experiencing a medical emergency, please contact your doctor or local emergency services immediately.

4 SUPPORT AND HOW TO CONTACT US

Please contact your Study doctor or your designated Study contact if:

  • you are experiencing technical issues with the App.
  • you have questions or concerns about the Study or your medical condition.
  • you have created an account and would like to update the contact information you provided to us.

You may contact us any time about these Terms of Use by writing to us at: ICON Clinical Research Limited, South County Business Park, Leopardstown, Dublin 18, Ireland.

5 COLLECTION AND USE OF DATA

We process your personal information for the purposes of:

  • creating and maintaining your personal account in the App.
  • providing technical support for the App.

We decide how and why your personal information is used and processed for the above purposes only, as a "data controller".

Under data protection laws, we are required to provide you with certain information including who we are, how we process your personal information for the above purposes, your rights in relation to your personal information and how to exercise those rights. This information is provided in the Participant Privacy

ICON is NOT a data controller of your personal information for the purpose of the Study. The relevant Sponsor will be the “data controller” of all Study-related personal data you submit through the App after you create an account in the App. If you have any questions or would like to exercise any rights you may have regarding any Study-related personal information, please refer to the Informed Consent Form for your Study - this will tell you who to contact. Alternatively, you may contact your study doctor.

6 HOW YOU MAY USE THE APP

In return for your agreeing to comply with these Terms of Use, you may:

  • download or stream a copy of the App onto your device and view, use and display the App on this device for the purposes of participating in the Study.
  • receive and use any updates of the App as we may provide to you.

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the phone or other device.

7 RESTRICTIONS ON HOW YOU MAY USE THE APP

You agree that you will:

  • respect the rights of others, including privacy and intellectual property rights.
  • not abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, defaming, bullying, harassing, illegally impersonating, or stalking others.
  • not abuse, harm, interfere with, or disrupt the services of the App — for example, by accessing or using the App in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.
  • comply with applicable laws, including export control and sanctions.

8 INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App throughout the world belong to us or our licensors. You have no intellectual property rights in, or to, the App. You only have a right to use the App in accordance with these Terms of Use.

9 WARRANTY

We provide the App using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to contact your Study doctor or your point of contact for the Study and they’ll work with you to try to resolve the issue.

The only commitments we make about this App (including the content in this App, the specific functions of this App or its reliability, availability, or ability to meet your needs) are provided in: (1) this Warranty section; and (2) laws that can’t be limited by these Terms of Use.

10 OUR RESPONSIBILITY FOR LOSS AND DAMAGE YOU MAY SUFFER

These Terms of Use only limit our responsibilities as allowed by applicable law. These Terms of Use don’t limit liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence or willful misconduct.

Other than the liabilities described above, we are liable only for breaches of these Terms of Use, subject to applicable law.

We are not liable for business losses. The App is for your domestic and private use, as a participant in the Study. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11 Indemnification

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ICON TOGETHER WITH ITS AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, WHICH RESULT FROM (1) YOUR BREACH OF THE TERMS OF USE OR LEGAL TERMS, OR (2) YOUR USE OF THE APP.

12 CLASS-ACTION WAIVER

To the maximum extent permitted by law, you waive your right to join any class or representative action related to your use of the App against ICON, together with its affiliates and licensors, and Sponsor.

13 TAKING ACTION IN CASE OF PROBLEMS

Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:

  • cause harm or liability to another user (or participant in a Study), the Sponsor, a third party, or ICON.
  • violate the law or a legal enforcement authority’s order, or compromise an investigation.
  • compromise the Study.

compromise the operation, integrity, or security of this App.

We reserve the right to suspend or terminate your access to the App or delete your App account if any of these things happen:

  • you materially or repeatedly breach these Terms of Use.
  • we’re required to do so to comply with a legal requirement or a court order.
  • we reasonably believe that your conduct causes harm or liability to another user (or participant in a Study), the Sponsor, a third party, or ICON — for example, by hacking, phishing, harassing, or misleading others.

14 CHANGES TO THESE TERMS

We may need to change these terms to (1) reflect changes to our App — for example, when we add new features (or remove old ones); (2) for legal, regulatory, or security reasons; or (3) to prevent abuse or harm.

If we materially change these Terms of Use, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except in urgent situations, such as preventing ongoing abuse or responding to legal requirements.

If you do not accept the notified changes, you may not be permitted to continue using the App.

15 UPDATES TO THE APP

From time to time we may automatically update the App to improve performance, comply with law, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If we make material changes that negatively impact your use of this App, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App.

16 YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App as set out above HOW YOU MAY USE THE APP You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

17 ABOUT THESE TERMS OF USE

By law, you have certain rights that can’t be limited by a contract like these Terms of Use. These Terms of Use are in no way intended to restrict those rights.

We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms of Use.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these Terms of Use, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

18 GOVERNING LAW AND COURTS

These Terms of Use are governed by the laws of the jurisdiction where you take part in the Study.

Site User Terms of Use

Last Updated: 17 Jan 2023

We, ICON CLINICAL RESEARCH LIMITED (“ICON,” “we,” “us,” “our”) own and provide access to this ICON Digital Platform (“IDP”).This IDP provides online solutions for clinical research. PLEASE READ THESE TERMS OF USE BEFORE ACCESSING/USING THIS IDP. By using this IDP, you agree to these Terms of Use. If you do not agree to these Terms of Use, you must not access and use this IDP.

If you are accessing and using this IDP, you are supporting a clinical study ("Study"). This Study is sponsored by a company ("Sponsor"). We are making this IDP available to you on behalf of that Sponsor, and under the instructions of thatSponsor. The Sponsor has overall responsibility for the Study itself.

1 ARE YOU PERMITTED TO ACCESS/USE THIS IDP?

You may only access and use this IDP if we have granted you with access to the IDP through the IDP’s registration process.

2 PURPOSE OF THE IDP

You may only use this IDP to complete Study-related tasks and/or activities online, during your involvement with the Study, in accordance with the Study protocol and Sponsor and/or ICON instruction.

3 SUPPORT AND HOW TO CONTACT US

Please contact IDP User Support if:

  • you are experiencing technical issues with the IDP.
  • you have created an account and would like to update the contact information you provided to us.

You may contact us any time about these Terms of Use by writing to us at: ICON Clinical Research Limited, South County Business Park, Leopardstown, Dublin 18, Ireland.

4 COLLECTION AND USE OF DATA

We process your personal information for the purposes of:

  • creating and maintaining your personal account in the IDP.
  • providing technical support for the IDP.

We decide how and why your personal information is used and processed for the above purposes only, as a "data controller".

Under data protection laws, we are required to provide you with certain information including who we are, how we process your personal information for the above purposes, your rights in relation to your personal information and how to exercise those rights. This information is provided in the Privacy Notice

5 RESTRICTIONS ON HOW YOU MAY ACCESS/USE THE IDP

You agree that you will:

  • not use the IDP for any other purpose except as defined in accordance with the Study protocol and Sponsor and/or ICON instruction or in any other way allow third parties to exploit the IDP.
  • not provide IDP passwords or other log-in information to any third party.
  • not share non-public IDP features or content with any third party.
  • not access the IDP to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the IDP, or to copy any ideas, features, functions or graphics of the IDP.
  • not engage in web scraping or data scraping on or related to the IDP, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.
  • comply with applicable laws, including export control and sanctions.

6 INTELLECTUAL PROPERTY RIGHTS

ICON retains all right, title, and interest in and to the IDP, including without limitation all software used to provide the IDP and all graphics, user interfaces, logos, and trademarks reproduced through the IDP. These Terms of Use do not grant any users any intellectual property license or rights in or to the IDP or any of its components, except to the limited extent that such rights are necessary for your use of the IDP as specifically authorized by these Terms of Use.

ICON has not agreed to and does not agree to treat as confidential any Feedback (as defined below) that any IDP users give ICON, and nothing in these Terms of Use or in the parties’ dealings arising out of or related to these Terms of Use will restrict ICON’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting the user. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of ICON’s products or services.)

7 REPRESENTATIONS AND WARRANTIES

ICON represents and warrants that it is the owner of the IDP and of each and every component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the rights to use the IDP set forth in these Terms of Use without the further consent of any third party. ICON’s representations and warranties in the preceding sentence do not apply to use of the IDP in combination with hardware or software not provided by ICON.

You represent and warrant that: (a) you have accurately identified yourself and not provided any inaccurate information to or through the IDP; and (b) you are an individual 18 years or older.

Except to the extent set forth in these Terms of Use, YOU ACCEPT THE IDP “AS IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) ICON HAS NO OBLIGATION TO INDEMNIFY OR DEFEND USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) ICON DOES NOT REPRESENT OR WARRANT THAT THE IDP WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) ICON DOES NOT REPRESENT OR WARRANT THAT THE IDP IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SITE DATA WILL REMAIN PRIVATE OR SECURE.

8 INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, you shall defend, indemnify, and hold harmless ICON and the ICON Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to your alleged or actual use of, misuse of, or failure to use the IDP, including without limitation: (a) claims related Data Incidents (as defined below); (b) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the IDP through your account; and (C) claims that use of the IDP through your account, harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising. Your obligations set forth in this section, without limitation: (i) settlement at your expense and payment of judgments finally awarded by a court of competent jurisdiction, as well as payment of court costs and other reasonable expenses; and (ii) reimbursement of reasonable attorneys’ fees incurred before your assumption of the defense (but not attorneys’ fees incurred thereafter). If y ou fail to assume the defense on time to avoid prejudicing the defense, ICON may defend the Indemnified Claim, without loss of rights pursuant to this section. ICON will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it or an ICON Associate admit wrongdoing or liability or subjects either of them to any ongoing affirmative obligation. (“ICON Associates” are ICON’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns. A “Data Incident” is any (1) unauthorized disclosure of, access to, or use of data collected for the purpose of input to the IDP, or (2) violation of Privacy/Security Law through your account.

9 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICON TOGETHER WITH ITS AFFILIATES AND LICENSORS, AND SPONSOR ARE NOT LIABLE TO YOU IN ANY WAY (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED) FOR YOUR USE OR INABILITY TO USE THE IDP OR CONTENT OR ANY OTHER MATTER RELATING TO THE IDP OR CONTENT.

10 CLASS-ACTION WAIVER

To the maximum extent permitted by law, you waive your right to join any class or representative action related to your use of the IDP against ICON, together with its affiliates and licensors, and Sponsor.

11 TAKING ACTION IN CASE OF PROBLEMS

Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:

  • cause harm or liability to another user (or participant in a Study), the Sponsor, a third party, or ICON.
  • violate the law or a legal enforcement authority’s order, or compromise an investigation.
  • compromise the Study.

compromise the operation, integrity, or security of this IDP.

We reserve the right to suspend or terminate your access to the IDP or delete your IDP account if any of these things happen:

  • you materially or repeatedly breach these Terms of Use.
  • we’re required to do so to comply with a legal requirement or a court order.
  • we reasonably believe that your conduct causes harm or liability to another user (or participant in a Study), the Sponsor, a third party, or ICON — for example, by hacking, phishing, harassing, or misleading others.

12 CHANGES TO THESE TERMS

We may need to change these terms to (1) reflect changes to the IDP — for example, when we add new features (or remove old ones); (2) for legal, regulatory, or security reasons; or (3) to prevent abuse or harm.

If we materially change these Terms of Use, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except in urgent situations, such as preventing ongoing abuse or responding to legal requirements.

If you do not accept the notified changes, you may not be permitted to continue using the IDP.

13 ABOUT THESE TERMS OF USE

We may transfer our rights and obligations under these Terms of Use to another organisation.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these Terms of Use, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

14 GOVERNING LAW AND COURTS

Any dispute regarding the IDP or Terms of Use will be handled according to the laws of the State of Delaware without giving effect to any choice or conflict of law. Any suit, action, or proceeding related to the App or Terms of Use may be brought in the State of Delaware.

To the maximum extent permitted under applicable law, (a) you waive any and all objections to the Governing Law and Venue stated here; and (b) you agree to binding arbitration for the resolution of any claims or disputes related to your individual use of the App and waive your right to a trial.

This is a non-prod environment

Participant Privacy Policy

[Effective Date: 02 Feb 2023]
[Last Updated: 02 Feb 2023]

1. About this Privacy Notice

ICON plc. (“ICON”, “we”, “us”, “our”) is committed to protecting your privacy.

This Privacy Notice is for users of the ICON Digital Platform (the “IDP”) application. We provide technical assistance with online enrollment, data collection, and engagement solutions for clinical research via the IDP.

2. Who is the controller of your personal information?

This Privacy Notice explains how ICON, as "controller", processes your personal information for the purposes of:

  • creating and maintaining your personal account within the IDP; and
  • providing technical support in connection with your use of IDP.

This means that ICON decides how and why your personal information is used and processed for the above purposes only.

3. Is ICON a "controller" of your study-related personal information?

No, ICON is not a controller of your personal information for the purpose of any specific studies or clinical trials ("Studies"). ICON makes the IDP available for use in support of Studies conducted by ICON clients such as pharmaceutical companies (Sponsors"). You may use your personal account in IDP to participate in these Studies. If you do so, the relevant Sponsor will be the “controller” of all Study-related personal information you submit through the IDP after you create an IDP account. The Sponsor will not have access to your directly identifying personal information in IDP.

If you have any questions or would like to exercise any rights you may have regarding any Study-related personal information collected through the IDP, please refer to the Informed Consent Form for the relevant Study - this will tell you who to contact. Alternatively, you may contact your investigator or another representative at the site where you are participating in the relevant Study.

4. What personal information do we collect about you?

“Personal information” is any information relating to you which allows you to be identified directly or indirectly. Personal information can include a name, an email address, an identification number or any other details that are specific to you.

Your decision to provide any personal information to us is voluntary. You will not be subject to negative consequences if you do not provide us with your personal information. However, if you choose not to provide us with your personal information, you will not be able to use the IDP. This may impact your ability to participate in a Study.

If you provide (or permit us to collect) any personal information relating to another person, you are responsible for ensuring that:

  • this person is made aware of the information in this Privacy Notice; and
  • this person has given you their consent to you sharing their personal information with us.

Information we obtain from you: We ask you to provide us with certain personal information to enable us to create your personal account within the IDP. This may include:

  • Information that you submit when you register to use the IDP, such as your first and last name, your phone number, country and language preferences and your email address;
  • Account log-in credentials such as your password for the IDP;
  • Authentication data (e.g. the unique code required for two-factor authentication);
  • Troubleshooting and support data, which is data you provide, or we otherwise collect, to support queries we receive from you. This may include your contact or authentication data, the content of your chats and other communications with us; and
  • Technical information about your device and your interactions with the IDP, including your device ID, operating system name and version, IDP application version, browser type, device manufacturer and model, IP address, information about the dates and time your device accesses ICON’s servers, and what parts of the IDP you use and visit.

Information we obtain from third parties. When you are invited to use the IDP platform by your investigator, we may receive your first and last name, email address, language and time zone from the investigator. This is to enable us to create your IDP account.

5. How do we use your personal information?

We use your personal information only where required for specific purposes:

  • to allow you to create your personal account within the IDP;
  • to maintain your personal account within the IDP;
  • to respond to your inquiries;
  • to operate and provide support for your use of the IDP, including so you can enroll and participate in the Studies hosted on the IDP;
  • Server-side diagnostics and IDP application performance, including measuring website visits;
  • to manage and communicate with you regarding your IDP account. This includes sending you service messages, updates, security alerts, and support messages; and
  • to comply with our legal obligations. For example, we are required by law to keep certain records for specific periods of time.

We will not use your personal information for purposes that are incompatible with the above purposes, unless it is required or authorized by law, or it is in your vital interest (e.g. in case of a medical emergency).

6. How will we share your personal information with third parties?

We may disclose personal information we collect about you to other parties:

  • External technical support providers - We may share your personal information with external service providers (data processors), that provide technical support on our behalf. This is to facilitate our interactions with you and support your use of IDP. For example, we share your personal information with Microsoft Azure AppInsights for system and connection logging, and with Socketlabs for facilitating email notifications.
  • To our affiliates and subsidiaries – We may share your personal information within our group of companies for the purposes described above.
  • For legal, security and safety purposes - We may have to share your personal information in response to authorized requests of government authorities or where required by law.
  • In connection with a corporate transaction - As part of any merger, sale, joint venture, transfer, or other disposal of all or any portion of our business (including as part of any bankruptcy or similar proceedings), we may transfer your personal information to other parties involved in these transactions. Under these circumstances, all parties will enter into a confidentiality agreement to protect personal information and must only use personal information for the purpose it was collected for in the first instance.
  • With your consent - We may share your personal information with other third parties with your consent.

7. Will we transfer your personal information internationally?

We (or our external service providers) may need to transfer your personal information internationally. This includes to the USA, Canada, United Kingdom, Ireland, Australia, Spain, Italy, Germany, France, Poland, Netherlands, Portugal, and where needed, to other countries too. We will only transfer your personal information for the purposes set out in "How do we use your personal information?". We implement appropriate measures to protect your personal information when we transfer your personal information outside of your home country, such as data transfer agreements that incorporate standard data protection clauses. The data privacy laws in the countries we transfer it to may not be the same as the laws in your home country.

We will apply appropriate safeguards to such transfers as required by applicable law. For example, transfers from the European Economic Area ("EEA") to non-EEA countries will usually be governed by EU-approved “Standard Contractual Clauses” and will be subject to other appropriate security measures. If you are in the EEA, you can obtain a copy of these safeguards by emailing us using our contact details below.

8. For how long do we keep your personal information?

We decide for how long to keep your personal information by looking at the length of our relationship with you, by looking at what is advisable in light of our legal position (due to statutes of limitations), and by looking at whether we need to keep your personal information to respond to or process a question or request from you. We also consider whether there is a requirement to keep your personal information for a period required by law and where we need to do so in connection with legal action or an investigation involving ICON.

We may collect information that is not personal information or convert personal information into information which can no longer be used to identify you (such as through aggregation or anonymization). When we do this, we may use and disclose that information for any purpose, as anonymized data is not covered under data protection laws.

9. How do we protect your personal information?

We use a variety of security measures and technologies to help protect your personal information. We carefully choose our service providers, and check they have security measures and technologies in place to protect your personal information.

However, no physical or electronic security system is entirely secure. We cannot guarantee the complete security of transmissions over the internet, or of our databases. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us using our details at the "Contact us" section below.

10. Contact us

You can submit questions, comments or requests to exercise your data protection rights to ICON's Data Protection Officer at IDP_Privacy@iconplc.com. You may also contact ICON's Data Protection Officer by writing to us at:

Global Data Protection Officer
ICON plc South County Business Park
Leopardstown
Dublin 18
D18 X5R3
Ireland

If you feel your data protection rights have been infringed by ICON, you have the right to complain to your local data protection supervisory authority.

If you reside in a non-EEA country, you can lodge a complaint to your national or State body regulating data protection. A good resource for details on data protection authorities from around the world is kept at https://pdpecho.com. We have also set out details on how to contact certain data protection authorities in the country / region-specific sections at the end of this Privacy Notice.

11. How do we update this Privacy Notice?

This Privacy Notice is not a contract, and it does not create any legal rights or obligations. ICON may make changes to this Privacy Notice. For instance, we may need to amend this Privacy Notice if there are changes to relevant laws. Where we have your contact details, we will notify you of any significant changes.

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EU PARTICIPANTS

1. Why are we allowed to collect and use your personal information?

We use your personal information only where required for specific purposes. The table below sets out the purposes for which we use your personal information and our legal reason for using your personal information in this way.

Purpose Legal Basis
To allow you to create your personal account within the IDP. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To maintain your personal account within the IDP. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To respond to your inquiries. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To operate and provide support for your use of the IDP, so you can enroll and participate in the Studies hosted on the IDP. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To manage and communicate with you regarding your IDP account. This includes by sending you service messages, technical notices, updates, security alerts, and support and administrative messages. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To comply with our legal obligations. For example, we are required by law to keep certain records for specific periods of time. Compliance with a legal obligation.

2. What are your rights in respect of your personal information?

You have rights in respect of your personal information. The rights available to you depend on our reason for processing your personal information and the local law in your country, and there are exceptions to some rights. Depending on this, you may have:

  • The right to be informed – if we are processing your personal information, we must inform you of who is processing your personal information, why, how long we will retain it for, and if we are transferring the data to another country.
  • The right to withdraw consent – if we are processing your personal information on the basis of your consent, you are entitled to withdraw your consent to that processing at any time. If you withdraw your consent, this will not mean any processing we carried out prior to your withdrawal is invalid.
  • The right of access to your personal information you can request a copy of the personal information we hold about you.
  • The right to rectification – you have the right to request that we correct any inaccuracies in the personal information we hold about you and complete any personal information where this is incomplete.
  • Right to erase your personal information (right to be forgotten) - You have the right to be forgotten in certain circumstances including, for example, where the personal information are no longer needed for the purpose for which they were collected. However, this right does not apply where, for example, processing is necessary to comply with a legal obligation, or for the establishment, exercise or defence of legal claims.
  • The right to restrict the processing of your personal information - You have the right to ask us to restrict certain processing activities in some circumstances, including, for example, where you challenge the accuracy of the information. Where processing has been restricted, we can only process it for limited purposes such as, for example, the establishment, exercise or defence of legal claims.
  • The right of data portability - You have the right to have your personal information returned to you or to a third party in certain cases.
  • The right to object – You have a right to object to the processing of your personal information in certain cases. In such a case we will stop processing your personal information unless we can demonstrate compelling legitimate grounds which override your interest.

To exercise these rights, please contact us using our contact details in the "Contact Us" section.

UNITED STATES PARTICIPANTS

You have rights in respect of your personal information. The rights available to you depend on our reason for processing your personal information and the laws in your state, and there are exceptions to some rights. Depending on this, you may have the right to:

  • obtain confirmation that we hold certain personal information relating to you and the corresponding processing activities, and to verify its content, origin, and accuracy;
  • access, review, port, delete or anonymize, or to block or withdraw consent to the processing of certain personal information (without affecting the lawfulness of processing based on consent before withdrawal of your consent);
  • request information about third parties with whom we have shared your personal information;
  • where relevant, request review of decisions based solely on automated data processing;
  • where relevant, object to our use of personal information for direct marketing and in certain other situations at any time.

Contact us for more details using our details in the "Contact Us" section. Please note that we need to retain certain personal information as required or permitted by applicable law.

We do not sell your personal information and will not do so without providing you with notice and an opportunity to opt-out of such sale as required by law. We do not engage in targeted advertising.

Notice to California Residents

If you reside in California, we are required by California law to provide you with additional information about how we use and disclose your personal information, and you may have additional rights with regard to how we use your personal information. We have included this California-specific information below.

  • Categories of Personal Information
    Consistent with Section 3 (What personal information do we collect about you?), we may collect certain categories and specific pieces of information about California residents that are considered "personal information" under California law ("CA Personal Information"). Specifically, we may collect identifiers, customer records information, and Internet or other electronic network activity information.
  • Sources of Personal Information
    The sources of your CA Personal Information are in Section 3 (What personal information do we collect about you?).
  • Uses of Personal Information
    The purposes for which we collect CA Personal Information are detailed in Section 4 (How do we use your personal information?).
  • Sharing Personal Information
    The categories of third parties to whom we disclose your CA Personal Information for a business purpose are detailed in Section 5 (How will we share your personal information with third parties?).
  • Retention of CA Personal Information
    We retain your CA Personal Information as detailed in Section 7 (For how long do we keep your personal information?).

California Consumer Rights

If you are a California resident, you have rights in respect of your personal information, and there are exceptions to some rights. Depending on this, if you are a California resident, you may exercise the following rights:

  • Right to Know. You have the right to request information about the categories of CA Personal Information we have collected about you, the categories of sources from which we collected the CA Personal Information, the purposes for collecting the CA Personal Information, the categories of third parties with whom we have shared your CA Personal Information, and the purpose for which we shared your CA Personal Information. You may also request information about the specific pieces of CA Personal Information we have collected about you. You also have a right to receive information about the CA Personal Information about you that we have "sold" to or “shared” (as such terms are defined under California law) with third parties within the past 12 months.
  • Right to Delete. You have the right to request that we delete CA Personal Information that we have collected from you.
  • Right to Correction. You have the right to obtain correction of your CA Personal Information.
  • Right to Transfer. You have the right to request a transfer of your CA Personal Information to another entity to the extent technically feasible, in a structured, commonly used, machine-readable format.
  • Limit the Use of Sensitive Personal Information. You have the right to limit the use and disclosure of your sensitive CA Personal Information.
  • Right to Opt Out. You have the right to opt out of the sale and / or sharing of your CA Personal Information. However, we do not currently sell your CA Personal Information. Should this change at any point in future we will update this Privacy Notice, notify you of any changes, and provide you with the appropriate mechanism to exercise your right to opt-out from the sale of your CA Personal Information. You also have the right to opt-out of being subject to automated decision-making processes, including profiling. However, we do not currently engage in such practices.

You may submit a request to exercise your Californian privacy rights by using our contact details in the "Contact Us" section. We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights.

Verification. In order to exercise your rights, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request. When making a request, please provide the following information: first and last name; email address; and type of request you are making.

Authorized Agents. If you choose an authorized agent to make a request on your behalf, they must provide appropriate documentation including written signed permission from you, proof of your identity, and verification of their identity; or a valid, designated power of attorney as defined under the California Probate Code.

Timing. We will respond to requests to delete and requests to know within 45 calendar days, unless we need more time. If this is the case, we will notify you and may take up to 90 calendar days in total to respond to your request.

CANADIAN PARTICIPANTS

1. Why are we allowed to collect and use your personal information? We use your personal information only where required for specific purposes. The table below sets out the purposes for which we use your personal information and our legal reason for using your personal information in this way.

Purpose Legal Basis
To allow you to create your personal account within the IDP. Based on your consent
To maintain your personal account within the IDP. Based on your consent
To respond to your inquiries. Based on your consent
To operate and provide support for your use of the IDP, so you can enroll and participate in the Studies hosted on the IDP. Based on your consent
To manage and communicate with you regarding your IDP account. This includes by sending you service messages, technical notices, updates, security alerts, and support and administrative messages. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To comply with our legal obligations. For example, we are required by law to keep certain records for specific periods of time. Compliance with a legal obligation.

You have the right not to give consent and the right to withdraw consent at any time by contacting us using the contact details in the "Contact Us" section.

Consent to the Collection, Use, and Disclosure of Personal Information: By using our services, you represent to ICON that you have reached the age of majority in the Canadian province in which you live, and this means you can lawfully enter into agreements with ICON and provide your informed and express consent to ICON's collection, use, and disclosure of your personal information. If you have not reached the age of majority in your province of residence, you must not use or access our services or otherwise share your personal information with us, unless your parent (or another person who can lawfully give or refuse consent) has provided us with express consent on your behalf.

Your Privacy Rights: Depending on where you live, you may have certain rights in respect of your personal information. This includes the right to request access to or deletion of your personal information, and the right to withdraw consent at any time. You may also have the right to ask for a copy of the personal information that we hold about you. To exercise any such rights, or to appeal our decisions in response to your exercise of rights, please contact us using the contact details in the "Contact Us" section.

Accuracy of Personal Information: We will keep your personal information as accurate, complete and up-to-date as necessary for the purposes for which it is to be used under this Privacy Notice.

Language: The parties have expressly requested and require that this Privacy Notice and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que cette politique ainsi que tous les documents qui s'y rapportent soient rédigés en anglais.

SOUTH AFRICAN PARTICIPANTS

Where the personal information relating to an individual is processed in South Africa, the Protection of Personal Information Act, 2013 (POPIA) may apply.

1. Why are we allowed to collect and use your personal information?

We use your personal information only where required for specific purposes. The table below sets out the purposes for which we use your personal information and our legal reason for using your personal information in this way.

Purpose Legal Basis
To allow you to create your personal account within the IDP. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To maintain your personal account within the IDP. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To respond to your inquiries. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To operate and provide support for your use of the IDP, so you can enroll and participate in the Studies hosted on the IDP. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To manage and communicate with you regarding your IDP account. This includes by sending you service messages, technical notices, updates, security alerts, and support and administrative messages. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To comply with our legal obligations. For example, we are required by law to keep certain records for specific periods of time. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)

2. What are your rights in respect of your personal information?

You have the following rights under POPIA in relation to your personal information, and there are exceptions to some rights. You can exercise these rights by contacting us using the contact details at the "Contact Us" section:

  • The right to access to your personal information - you can request a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • The right to rectification – you have the right to request that we correct any inaccuracies in the personal information we hold about you and complete any personal information where this is incomplete, though we may need to verify the accuracy of the new personal information you provide to us.
  • The right to erasure - you have the right to ask us to delete or remove your personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your personal information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • The right to object to the processing of your personal information - you have the right to object to the processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to the processing of your personal information as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, save for processing of your personal information for direct marketing purposes, we may demonstrate that we have compelling legitimate grounds to process your personal information which override your rights and freedoms.
  • The right to request restriction of the processing of your personal information - you have the right to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the accuracy of your personal information; (b) where our use of your personal information is unlawful but you do not want us to erase it; (c) where you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use it.
  • The right to withdraw your consent - if we are processing your personal information on the basis of your consent, you are entitled to withdraw your consent to that processing at any time. If you withdraw your consent, this will not mean any processing we carried out prior to your withdrawal of consent is invalid.

3. What should you do if you want to make a complaint?

If you feel your data protection rights have been infringed by ICON, you have the right to complain to your local data protection supervisory authority, in this case the Information Regulator at:

Complaints email: POPIAComplaints.IR@justice.gov.za
Physical address: JD House
27 Stiemens Street
Braamfontein
Johannesburg
2001
Postal address: P.O.Box 31533
Braamfontein
Johannesburg
2017

AUSTRALIAN PARTICIPANTS

Under Australian laws, "personal information" means information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual who is reasonably identifiable. The following rights will apply to our collection, storage and use of your personal information. These are in addition to the rights outlined above:

  • Right to know: You have the right to request access to the personal information we have collected about you and request any correction. You may do this through using our contact details at the "Contact Us" section.
  • Breach of Australian Privacy Principles: Where there has been unauthorised access to, or unauthorised disclosure of personal information which is likely to result in serious harm to individuals, we will notify the Office of the Australian Information Commissioner, and affected individuals, as required by law.
  • Right to complain: If you have any concerns or complaints about how we handle your personal information, or if you have any questions about this policy, please contact us using our contact details in the "Contact Us" section. In most cases we will ask that you put your request in writing to us. We will investigate your complaint and will use reasonable endeavours to respond to you in writing within 30 days of receiving the written complaint. If we fail to respond to your complaint within 30 days of receiving it in writing or if you are dissatisfied with the response that you receive from us, you may have the right to make a complaint to the applicable regulator. In Australia you can make a complaint to the Office of the Australian Information Commissioner through www.oaic.gov.au.

Opt-out: If you choose not to provide us with any personal information, please inform us at IDP_Privacy@iconplc.com. If you choose not to provide us with your personal information, you will not be able to use the IDP which may impact your ability to participate in a Study.

NEW ZEALAND PARTICIPANTS

If you are a New Zealand resident, you have the following rights in respect of your personal information:

  • Right of access to your personal information - you may request a copy of the personal information we hold about you.
  • Right of correction - you may request that we correct any personal information that we hold about you. If we refuse to make the correction, and you have provided us with a statement of correction, we will take steps reasonable in the circumstances to ensure that such statement of correction will always be read with the relevant personal information.

You may submit a request to exercise your privacy rights to us using our contact details in the "Contact Us" section.

You also have the right to complain to the New Zealand Office of the Privacy Commissioner. For more information, see the Office of the Privacy Commissioner’s website at: https://www.privacy.org.nz/your-rights/making-a-complaint/.

This is a non-prod environment

Site User Privacy Policy

[Effective Date: 02 Feb 2023]
[Last Updated: 02 Feb 2023]

1. About this Privacy Notice

ICON plc. (“ICON”, “we”, “us”, “our”) is committed to protecting your privacy.

This Privacy Notice is for users of the ICON Digital Platform (the “IDP”) web platform. We provide technical assistance with online enrollment, data collection, and engagement solutions for clinical research via the IDP.

2. Who is the controller of your personal information?

This Privacy Notice explains how ICON, as "controller", processes your personal information for the purposes of:

  • creating and maintaining your personal account within the IDP; and
  • providing technical support in connection with your use of IDP.

This means that ICON decides how and why your personal information is used and processed for the above purposes only.

3. What personal information do we collect about you?

“Personal information” is any information relating to you which allows you to be identified directly or indirectly. Personal information can include a name, an email address, an identification number or any other details that are specific to you. Your decision to provide any personal information to us is voluntary. You will not be subject to negative consequences if you do not provide us with your personal information. However, if you choose not to provide us with your personal information, you will not be able to use the IDP. This may impact your ability to participate in a Study.

If you provide (or permit us to collect) any personal information relating to another person, you are responsible for ensuring that:

  • this person is made aware of the information in this Privacy Notice; and
  • this person has given you their consent to you sharing their personal information with us.

Information we obtain from you: We ask you to provide us with certain personal information to enable us to create your personal account within the IDP. This may include:

  • Account log-in credentials such as your password for the IDP;
  • Authentication data (e.g. the unique code required for two-factor authentication);
  • Troubleshooting and support data, which is data you provide, or we otherwise collect, to support queries we receive from you. This may include your contact or authentication data, the content of your chats and other communications with us; and
  • Technical information about your device and your interactions with the IDP, including your device ID, operating system name and version, IDP application version, browser type, device manufacturer and model, IP address, information about the dates and time your device accesses ICON’s servers, and what parts of the IDP you use and visit.

Information we obtain from third parties. We may receive your first and last name, email address, language and time zone from the Sponsor of a Study. This is to enable us to create your IDP account.

4. How do we use your personal information?

We use your personal information only where required for specific purposes:

  • to allow you to create your personal account within the IDP;
  • to maintain your personal account within the IDP;
  • to respond to your inquiries;
  • to operate and provide support for your use of the IDP, including so you can participate in the Studies hosted on the IDP;
  • Server-side diagnostics and IDP application performance, including measuring website visits;
  • to manage and communicate with you regarding your IDP account. This includes sending you service messages, updates, security alerts, and support messages; and
  • to comply with our legal obligations. For example, we are required by law to keep certain records for specific periods of time.

We will not use your personal information for purposes that are incompatible with the above purposes, unless it is required or authorized by law, or it is in your vital interest.

5. How will we share your personal information with third parties?

We may disclose personal information we collect about you to other parties:

  • External technical support providers - We may share your personal information with external service providers (data processors), that provide technical support on our behalf. This is to facilitate our interactions with you and support your use of IDP. For example, we share your personal information with Microsoft Azure AppInsights for system and connection logging, with Socketlabs for facilitating email notifications, and with JIRA to track and document user account requests.
  • To our affiliates and subsidiaries – We may share your personal information within our group of companies for the purposes described above.
  • For legal, security and safety purposes - We may have to share your personal information in response to authorized requests of government authorities or where required by law.
  • In connection with a corporate transaction - As part of any merger, sale, joint venture, transfer, or other disposal of all or any portion of our business (including as part of any bankruptcy or similar proceedings), we may transfer your personal information to other parties involved in these transactions. Under these circumstances, all parties will enter into a confidentiality agreement to protect personal information and must only use personal information for the purpose it was collected for in the first instance.
  • With your consent - We may share your personal information with other third parties with your consent.

6. Will we transfer your personal information internationally?

We (or our external service providers) may need to transfer your personal information internationally. This includes to the USA, Canada, United Kingdom, Ireland, Australia, Spain, Italy, Germany, France, Poland, Netherlands, Portugal, and where needed, to other countries too. We will only transfer your personal information for the purposes set out in "How do we use your personal information?". We implement appropriate measures to protect your personal information when we transfer your personal information outside of your home country, such as data transfer agreements that incorporate standard data protection clauses. The data privacy laws in the countries we transfer it to may not be the same as the laws in your home country.

We will apply appropriate safeguards to such transfers as required by applicable law. For example, transfers from the European Economic Area ("EEA") to non-EEA countries will usually be governed by EU-approved “Standard Contractual Clauses” and will be subject to other appropriate security measures. If you are in the EEA, you can obtain a copy of these safeguards by emailing us using our contact details below.

7. For how long do we keep your personal information?

We decide for how long to keep your personal information by looking at the length of our relationship with you, by looking at what is advisable in light of our legal position (due to statutes of limitations), and by looking at whether we need to keep your personal information to respond to or process a question or request from you. We also consider whether there is a requirement to keep your personal information for a period required by law and where we need to do so in connection with legal action or an investigation involving ICON.

We may collect information that is not personal information or convert personal information into information which can no longer be used to identify you (such as through aggregation or anonymization). When we do this, we may use and disclose that information for any purpose, as anonymized data is not covered under data protection laws.

8. How do we protect your personal information?

We use a variety of security measures and technologies to help protect your personal information. We carefully choose our service providers, and check they have security measures and technologies in place to protect your personal information.

However, no physical or electronic security system is entirely secure. We cannot guarantee the complete security of transmissions over the internet, or of our databases. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us using our details at the "Contact us" section below.

9. Contact us

You can submit questions, comments or requests to exercise your data protection rights to ICON's Data Protection Officer at IDP_Privacy@iconplc.com. You may also contact ICON's Data Protection Officer by writing to us at:

Global Data Protection Officer
ICON plc South County Business Park Leopardstown
Dublin 18
D18 X5R3
Ireland

If you feel your data protection rights have been infringed by ICON, you have the right to complain to your local data protection supervisory authority.

If you reside in a non-EEA country, you can lodge a complaint to your national or State body regulating data protection. A good resource for details on data protection authorities from around the world is kept at https://pdpecho.com. We have also set out details on how to contact certain data protection authorities in the country / region-specific sections at the end of this Privacy Notice.

10. How do we update this Privacy Notice?

This Privacy Notice is not a contract, and it does not create any legal rights or obligations. ICON may make changes to this Privacy Notice. For instance, we may need to amend this Privacy Notice if there are changes to relevant laws. Where we have your contact details, we will notify you of any significant changes.

-------------------------

EU DATA SUBJECTS

Why are we allowed to collect and use your personal information?

We use your personal information only where required for specific purposes. The table below sets out the purposes for which we use your personal information and our legal reason for using your personal information in this way.

Purpose Legal Basis
To allow you to create your personal account within the IDP. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To maintain your personal account within the IDP. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To respond to your inquiries. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To operate and provide support for your use of the IDP, so you can participate in the Studies hosted on the IDP. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To manage and communicate with you regarding your IDP account. This includes by sending you service messages, technical notices, updates, security alerts, and support and administrative messages. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To comply with our legal obligations. For example, we are required by law to keep certain records for specific periods of time. Compliance with a legal obligation.

What are your rights in respect of your personal information?

You have rights in respect of your personal information. The rights available to you depend on our reason for processing your personal information and the local law in your country, and there are exceptions to some rights. Depending on this, you may have:

  • The right to be informed – if we are processing your personal information, we must inform you of who is processing your personal information, why, how long we will retain it for, and if we are transferring the data to another country.
  • The right to withdraw consent – if we are processing your personal information on the basis of your consent, you are entitled to withdraw your consent to that processing at any time. If you withdraw your consent, this will not mean any processing we carried out prior to your withdrawal is invalid.
  • The right of access to your personal information – you can request a copy of the personal information we hold about you.
  • The right to rectification – you have the right to request that we correct any inaccuracies in the personal information we hold about you and complete any personal information where this is incomplete.
  • Right to erase your personal information (right to be forgotten) – You have the right to be forgotten in certain circumstances including, for example, where the personal information are no longer needed for the purpose for which they were collected. However, this right does not apply where, for example, processing is necessary to comply with a legal obligation, or for the establishment, exercise or defence of legal claims.
  • The right to restrict the processing of your personal information – You have the right to ask us to restrict certain processing activities in some circumstances, including, for example, where you challenge the accuracy of the information. Where processing has been restricted, we can only process it for limited purposes such as, for example, the establishment, exercise or defence of legal claims.
  • The right of data portability – You have the right to have your personal information returned to you or to a third party in certain cases.
  • The right to object – You have a right to object to the processing of your personal information in certain cases. In such a case we will stop processing your personal information unless we can demonstrate compelling legitimate grounds which override your interest. To exercise these rights, please contact us using our contact details in the "Contact Us" section.

UNITED STATES DATA SUBJECTS

You have rights in respect of your personal information. The rights available to you depend on our reason for processing your personal information and the laws in your state, and there are exceptions to some rights. Depending on this, you may have the right to:

  • obtain confirmation that we hold certain personal information relating to you and the corresponding processing activities, and to verify its content, origin, and accuracy;
  • access, review, port, delete or anonymize, or to block or withdraw consent to the processing of certain personal information (without affecting the lawfulness of processing based on consent before withdrawal of your consent);
  • request information about third parties with whom we have shared your personal information;
  • where relevant, request review of decisions based solely on automated data processing;
  • where relevant, object to our use of personal information for direct marketing and in certain other situations at any time.

Contact us for more details using our details in the "Contact Us" section. Please note that we need to retain certain personal information as required or permitted by applicable law.

We do not sell your personal information and will not do so without providing you with notice and an opportunity to opt-out of such sale as required by law. We do not engage in targeted advertising.

Notice to California Residents

If you reside in California, we are required by California law to provide you with additional information about how we use and disclose your personal information, and you may have additional rights with regard to how we use your personal information. We have included this California-specific information below.

  • Categories of Personal Information Consistent with Section 3 (What personal information do we collect about you?), we may collect certain categories and specific pieces of information about California residents that are considered "personal information" under California law ("CA Personal Information"). Specifically, we may collect identifiers, customer records information, and Internet or other electronic network activity information.
  • Sources of Personal Information The sources of your CA Personal Information are in Section 3 (What personal information do we collect about you?).
  • Uses of Personal Information The purposes for which we collect CA Personal Information are detailed in Section 4 (How do we use your personal information?).
  • Sharing Personal Information The categories of third parties to whom we disclose your CA Personal Information for a business purpose are detailed in Section 5 (How will we share your personal information with third parties?).
  • Retention of CA Personal Information We retain your CA Personal Information as detailed in Section 7 (For how long do we keep your personal information?).

California Consumer Rights

If you are a California resident, you have rights in respect of your personal information, and there are exceptions to some rights. Depending on this, if you are a California resident, you may exercise the following rights:

  • Right to Know. You have the right to request information about the categories of CA Personal Information we have collected about you, the categories of sources from which we collected the CA Personal Information, the purposes for collecting the CA Personal Information, the categories of third parties with whom we have shared your CA Personal Information, and the purpose for which we shared your CA Personal Information. You may also request information about the specific pieces of CA Personal Information we have collected about you. You also have a right to receive information about the CA Personal Information about you that we have "sold" to or “shared” (as such terms are defined under California law) with third parties within the past 12 months.
  • Right to Delete. You have the right to request that we delete CA Personal Information that we have collected from you.
  • Right to Correction. You have the right to obtain correction of your CA Personal Information.
  • Right to Transfer. You have the right to request a transfer of your CA Personal Information to another entity to the extent technically feasible, in a structured, commonly used, machine-readable format.
  • Limit the Use of Sensitive Personal Information. You have the right to limit the use and disclosure of your sensitive CA Personal Information.
  • Right to Opt Out. You have the right to opt out of the sale and / or sharing of your CA Personal Information. However, we do not currently sell your CA Personal Information. Should this change at any point in future we will update this Privacy Notice, notify you of any changes, and provide you with the appropriate mechanism to exercise your right to opt-out from the sale of your CA Personal Information. You also have the right to opt-out of being subject to automated decision-making processes, including profiling. However, we do not currently engage in such practices.

You may submit a request to exercise your Californian privacy rights by using our contact details in the "Contact Us" section. We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights.

Verification. In order to exercise your rights, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request. When making a request, please provide the following information: first and last name; email address; and type of request you are making.

Authorized Agents. If you choose an authorized agent to make a request on your behalf, they must provide appropriate documentation including written signed permission from you, proof of your identity, and verification of their identity; or a valid, designated power of attorney as defined under the California Probate Code.

Timing. We will respond to requests to delete and requests to know within 45 calendar days, unless we need more time. If this is the case, we will notify you and may take up to 90 calendar days in total to respond to your request.

CANADIAN DATA SUBJECTS

Why are we allowed to collect and use your personal information?

We use your personal information only where required for specific purposes. The table below sets out the purposes for which we use your personal information and our legal reason for using your personal information in this way.

Purpose Legal Basis
To allow you to create your personal account within the IDP. Based on your consent
To maintain your personal account within the IDP. Based on your consent
To respond to your inquiries. Based on your consent
To operate and provide support for your use of the IDP, so you can participate in the Studies hosted on the IDP. Based on your consent
To manage and communicate with you regarding your IDP account. This includes by sending you service messages, technical notices, updates, security alerts, and support and administrative messages. Performance of a contract between you and ICON (i.e. the IDP Terms of Use)
To comply with our legal obligations. For example, we are required by law to keep certain records for specific periods of time. Compliance with a legal obligation.

You have the right not to give consent and the right to withdraw consent at any time by contacting us using the contact details in the "Contact Us" section.

Consent to the Collection, Use, and Disclosure of Personal Information: By using our services, you represent to ICON that you have reached the age of majority in the Canadian province in which you live, and this means you can lawfully enter into agreements with ICON and provide your informed and express consent to ICON's collection, use, and disclosure of your personal information. If you have not reached the age of majority in your province of residence, you must not use or access our services or otherwise share your personal information with us, unless your parent (or another person who can lawfully give or refuse consent) has provided us with express consent on your behalf.

Your Privacy Rights: Depending on where you live, you may have certain rights in respect of your personal information. This includes the right to request access to or deletion of your personal information, and the right to withdraw consent at any time. You may also have the right to ask for a copy of the personal information that we hold about you. To exercise any such rights, or to appeal our decisions in response to your exercise of rights, please contact us using the contact details in the "Contact Us" section.

Accuracy of Personal Information: We will keep your personal information as accurate, complete and up-to-date as necessary for the purposes for which it is to be used under this Privacy Notice.

SOUTH AFRICAN DATA SUBJECTS

Where the personal information relating to an individual is processed in South Africa, the Protection of Personal Information Act, 2013 (POPIA) may apply.

Why are we allowed to collect and use your personal information?

We use your personal information only where required for specific purposes. The table below sets out the purposes for which we use your personal information and our legal reason for using your personal information in this way.

  • The right to access to your personal information - you can request a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • The right to rectification – you have the right to request that we correct any inaccuracies in the personal information we hold about you and complete any personal information where this is incomplete, though we may need to verify the accuracy of the new personal information you provide to us.
  • The right to erasure - you have the right to ask us to delete or remove your personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your personal information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • The right to object to the processing of your personal information - you have the right to object to the processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to the processing of your personal information as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, save for processing of your personal information for direct marketing purposes, we may demonstrate that we have compelling legitimate grounds to process your personal information which override your rights and freedoms.
  • The right to request restriction of the processing of your personal information - you have the right to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the accuracy of your personal information; (b) where our use of your personal information is unlawful but you do not want us to erase it; (c) where you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use it.
  • The right to withdraw your consent - if we are processing your personal information on the basis of your consent, you are entitled to withdraw your consent to that processing at any time. If you withdraw your consent, this will not mean any processing we carried out prior to your withdrawal of consent is invalid.

What should you do if you want to make a complaint?

If you feel your data protection rights have been infringed by ICON, you have the right to complain to your local data protection supervisory authority, in this case the Information Regulator at:

Complaints email: POPIAComplaints.IR@justice.gov.za
Physical address: JD House
27 Stiemens Street
Braamfontein
Johannesburg
2001
Postal address: P.O.Box 31533
Braamfontein
Johannesburg
2017

AUSTRALIAN DATA SUBJECTS

Under Australian laws, "personal information" means information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual who is reasonably identifiable. The following rights will apply to our collection, storage and use of your personal information. These are in addition to the rights outlined above:

  • Right to know: You have the right to request access to the personal information we have collected about you and request any correction. You may do this through using our contact details at the "Contact Us" section.
  • Breach of Australian Privacy Principles: Where there has been unauthorised access to, or unauthorised disclosure of personal information which is likely to result in serious harm to individuals, we will notify the Office of the Australian Information Commissioner, and affected individuals, as required by law.
  • Right to complain: If you have any concerns or complaints about how we handle your personal information, or if you have any questions about this policy, please contact us using our contact details in the "Contact Us" section. In most cases we will ask that you put your request in writing to us. We will investigate your complaint and will use reasonable endeavours to respond to you in writing within 30 days of receiving the written complaint. If we fail to respond to your complaint within 30 days of receiving it in writing or if you are dissatisfied with the response that you receive from us, you may have the right to make a complaint to the applicable regulator. In Australia you can make a complaint to the Office of the Australian Information Commissioner through www.oaic.gov.au .

Opt-out: If you choose not to provide us with any personal information, please inform us at IDP_Privacy@iconplc.com. If you choose not to provide us with your personal information, you will not be able to use the IDP which may impact your ability to participate in a Study.

NEW ZEALAND DATA SUBJECTS

If you are a New Zealand resident, you have the following rights in respect of your personal information:

  • Right of access to your personal information - you may request a copy of the personal information we hold about you.
  • Right of correction - you may request that we correct any personal information that we hold about you. If we refuse to make the correction, and you have provided us with a statement of correction, we will take steps reasonable in the circumstances to ensure that such statement of correction will always be read with the relevant personal information.

You may submit a request to exercise your privacy rights to us using our contact details in the "Contact Us" section. You also have the right to complain to the New Zealand Office of the Privacy Commissioner. For more information, see the Office of the Privacy Commissioner’s website at: https://www.privacy.org.nz/your-rights/making-a-complaint/.