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.
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
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.
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.
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.
Please contact your Study doctor or your designated Study contact if:
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.
We process your personal information for the purposes of:
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.
In return for your agreeing to comply with these Terms of Use, you may:
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.
You agree that you will:
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.
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.
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.
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.
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.
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:
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:
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.
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.
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.
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.
These Terms of Use are governed by the laws of the jurisdiction where you take part in the Study.
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.
You may only access and use this IDP if we have granted you with access to the IDP through the IDP’s registration process.
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.
Please contact IDP User Support if:
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.
We process your personal information for the purposes of:
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
You agree that you will:
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.)
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.
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.
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.
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.
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:
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:
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.
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.
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.
[Effective Date: 02 Feb 2023]
[Last Updated: 02 Feb 2023]
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.
This Privacy Notice explains how ICON, as "controller", processes your personal information for the purposes of:
This means that ICON decides how and why your personal information is used and processed for the above purposes only.
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.
“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:
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 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.
We use your personal information only where required for specific purposes:
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).
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.
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.
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.
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.
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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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. |
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:
To exercise these rights, please contact us using our contact details in the "Contact Us" section.
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:
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.
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.
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:
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.
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.
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:
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 |
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:
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.
If you are a New Zealand resident, you have the following rights in respect of your 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/.
[Effective Date: 02 Feb 2023]
[Last Updated: 02 Feb 2023]
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.
This Privacy Notice explains how ICON, as "controller", processes your personal information for the purposes of:
This means that ICON decides how and why your personal information is used and processed for the above purposes only.
“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:
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 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.
We use your personal information only where required for specific purposes:
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.
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.
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.
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.
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.
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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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. |
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:
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:
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.
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.
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:
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.
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.
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.
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 |
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:
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.
If you are a New Zealand resident, you have the following rights in respect of your 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/.