STATEMENT ON THE PROTECTION OF DATA
1. Subject and purpose of the Statement
1.1 The present statement on the protection of data (hereinafter referred to as “Statement”) contains rules and information concerning the management of personal data regarding the operation of the websites available on http://www.teva.hu domain name and on its sub-domains (hereinafter referred top as “Website”) and operated by TEVA Magyarország Zrt. (hereinafter referred to as “Operator”).
1.2 User accepts the conditions of the present Statement by visiting the Website. Operator ensures that the present Statement is continuously available on the home page of the Website.
1.3 Operator hereby maintains its right to amend the current content of the Website without any restriction or previous notification and to terminate or suspend any or all of its services.
1.4 Operator hereby maintains its right to amend the present Statement. In the case of an amendment the Operator ensures the amended statement to be available on the home page of the Website.
2. Related laws and regulations
2.1 Operator states that the present Statement is in accordance with the provisions of the effective laws on the protection of personal data, such as:
• Act LVIII of 1992 on the Protection of Personal Data and the disclosure of Information of Public Interests;
• Act CVIII of 2001 on certain issues of electronic commerce services and information society services;
• Act CXIX of 1995 on the Use of Name and Address Information for Research and Direct Marketing;
• Directive 95/46/EC of the European Parliament and of the Council of October 24, 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and
• Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, opened for signature in Strasbourg on 28 January 1981.
2.2 In addition the Operator states that certain issues regarding the protection of personal data which are not mentioned in the present Statement shall be governed by the provisions of laws and regulations indicated in Section 2.1 of the present Statement.
2.3 Simultaneously visiting the Website the User acknowledges that he is submitted to the provisions of the laws and regulations regarding the protection of personal data, indicated in Section 2.1 by using the information available and services provided on the Website.
3. Definitions
• 'personal data' shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as ‘data subject’) and any reference drawn, whether directly or indirectly, from such information. In the course of data processing, such information shall be treated as personal data as long as the data subject remains identifiable through it. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;
• 'the data subject’s consent' shall mean any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed without limitation or with regard to specific operations;
• 'the data subject’s objection' shall mean an indication of his wishes by which the data subject objects to the processing of his data and requests that the processing of data relating to him be terminated and/or the processed data be deleted;
• 'controller' shall mean a natural or legal person or unincorporated organization that determines the purpose of the processing of data, makes decisions regarding data management (including the means) and implements such decisions itself or engages a processor to implement them;
• 'data management' shall mean any operation or set of operations that is performed upon data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, deletion or destruction, and blocking them from further use. Photographing, sound and video recording, and the recording of physical attributes for identification purposes (such as fingerprints and palm prints, DNA samples and retinal images;
• 'disclosure by transmission' shall mean making data available to a specific third party;
• 'public disclosure' shall mean making data available to the general public;
• 'deletion of data' shall mean the destruction or elimination of data sufficient to make them irretrievable;
• 'data processing' shall mean the technical operations involved in data management, irrespective of the method and instruments employed for such operations and the venue where it takes place;
• 'processor' shall mean a natural or legal person or unincorporated organization that is engaged in the processing of personal data on behalf of a controller - including when ordered by virtue of legal regulation;
• 'third person' shall mean any natural or legal person or unincorporated organization other than the data subject, the controller or the processor;
4. Controller and processor
4.1 Operator hereby declares that all personal data and information provided by the users of the Website are managed by itself as a controller and by the authorized processor with respect to the rules of data protection.
4.2 In the course of the data management, data voluntarily provided by the User are only accessible for the Operator and for such employees of the controller, whom is obliged to process data on the basis of their scope of activities.
4.3 Each or any of the services indicated on the Website may be provided by the Operator, by its affiliated companies or by its contractual partners. In these cases certain users’ data may be transmitted to the affiliated companies or to the contractual partners. Operator hereby declares that its affiliated companies and contractual partners undertake confidentiality obligation.
5. The purpose of the data management
5.1 The purpose of the data management rendered by the Operator in connection with the operation of the Website:
• The effective and user-friendly operation of the Website;
• Identification of registered Users;
• Effective Service provision;
• Providing registered users with information;
• Direct marketing.
6. Managed data
6.1 User hereby acknowledges that by browsing the Website he also provides data. Data provision is partially automatic, but data can also be provided by filling out the application forms available on the Website (hereinafter referred to as “Registration”), by ordering Newsletter or by using Services available on the Website (hereinafter referred to as “Service”) for the seek of fulfillment of the Service.
Registration
6.2 Operator offers its services only for doctors and pharmacists in the case of their registration. In the course of the registration the Operator requests and stores the following data of the doctor or pharmacist:
• name;
• date of birth;
• seal number/registered operational number;
• identifier - chamber of pharmacists;
• specialty (doctors only);
• e-mail address provided by the user; and
• chosen user name.
6.3 User is entitled to deny the provision of certain data in the course of registration, however in this case he can not use the services provided for the registered users of the Website. Data provision is voluntary during the registration and the legal basis of the data management is the advance consent of the concerned User.
6.4 Personal data provided in the course of the registration is managed confidentially by the Operator who ensures that incompetent persons can not have access to the personal data.
6.5 The purpose of the registration is to make certain information and documents accessible and available exclusively for doctors and pharmacists.
6.6 On the Operator’s Websites which are only available in the case of registration, User is obliged to provide accurate data which are in accordance with the factual status of the User.
6.7 Operator hereby maintains its right to control personal data; In the case User provides incorrect data, he is obliged to correct them within a given period of time on the basis of the Operators notification in default whereof Operator is entitled to delete the registration of the User.
6.8 In certain cases User may fill out registration forms in order to be able to use services which are available on the Website. On such sites the Operator requires personal data which are necessary for making contact (name, e-mail address, seal number of the doctor, identifier - chamber of pharmacists).
Newsletter
6.9 The Operator does not wish to give place for unauthorized communications (such as spam), however Operator wishes to maintain the possibility to inform the registered User concerning relevant information in e-mail (hereinafter referred to as “Newsletter”).
6.10 In addition Operator ensures User the possibility of denial regarding the newsletter.
7. Consent for data management, term of data management
7.1 By visiting the Website, User agrees to provide data with the Operator and at the same time User gives his consent to the management of his personal data for the purpose defined in Section 5 hereof.
7.2 Operator may use the collected data regarding the User and also data received from the User in the course of inquiring or prohibiting illegal or other activities which jeopardize the Operator’s network or the operation of its Website.
7.3 Taking the rights of the User defined in Section 9 into consideration, personal data of the User may be kept, managed and stored by the Operator to the extent and the duration necessary to achieve the purpose defined in Section 5.
8. Transmission of data, combination of data management
8.1 Unless otherwise prescribed by law, Operator shall not transmit the personal data of the User to any incompetent third party, nevertheless Operator may use any other data of the User, other than personal data. Only in the case of the expressed consent of the User and in the lack of any explicit provisions of the law Operator may transmit the User’s personal data to third party.
8.2 User may render his e-mail address and his other data available on the Website. Such data may be disclosed exclusively on the basis of the respective decision of the User, on the basis of which it shall be deemed as a voluntary public disclosure of personal data.
8.3 Operator will not combine personal data which were transmitted to the Operator or otherwise arose in the course of visiting the Website with those personal data which are managed by the Operator as an internet provider.
9. Remedy
9.1 In accordance with the act on data protection User may require information regarding the management of its personal data. In addition User is entitled to update or amend its personal data or to require their deletion.
Information
9.2 At the request of the User Operator informs him regarding the data managed by the Operator or by the authorized processor, regarding the purpose-, legal base- and term of data management, the name and address (seat) of the processor and its data management related activity furthermore regarding that to whom and for what kind of purpose were the data transmitted.
9.3 User may require the information mentioned in Section 9.2 on the e-mail address: teva@teva.hu
Correction and deletion of data
9.4 Operator corrects data which are not real in accordance with the provisions of the legal regulations on data protection.
9.5 Operator is obliged to delete the managed personal data – in accordance with the provisions of the legal regulations on data protection – particularly in the case of an illegal data management; in the case the User requires so; in the case the data is deficient or false and such status can not be corrected; in the case the purpose of the data management is ceased; in the case it is ordered by the court or by the data protection commissioner.
Rights of amendment and obstruction
9.6 Registered User is entitled to amend or correct the provided data at any time.
9.7 User is entitled to object to the processing of his data at the Operator, in the case of he becomes aware of that the Operator violates the personal data management related provisions of law or otherwise breaches any provisions of the present Statement.
Judicial remedy
9.8 User who considers that the Operator violated any of its obligations regarding the observation of law on data protection may enforce its right in front of court or may seek for remedy from the data protection commissioner according to the provisions of the act on data protection.
Questions or complaints
9.9 Should the User have any questions or complaints regarding his personal data he may turn to the Operator on the following availability:
TEVA Magyarország Zrt.
R70 Irodaház
1074 Budapest
Rákóczi út 70-72. III. emelet
Tel: (+36) 1-288-6400
Fax: (+36) 1-288-6410
10. Responsibility
10.1 Operator hereby excludes its liability for the information in connection with visiting the Website, which are stored, disclosed, sent or otherwise made available by the User.
10.2 In accordance with the concerned standards, Operator makes the necessary steps in order to protect personal data, however Operator does not warrant that in the course of visiting the Website or using the service available on the Website, personal data of the Users will be managed as it was defined herein. Third parties may be able to get access to the personal data of the User without authorization, despite the security measures.
10.3 User is exclusively liable for his own user name and password.
10.3. Information and data available on the Website shall not be deemed as an advice or recommendation, and the content of the Website shall not be rendered as a basis of any decisions or actions.
10.4 User hereby acknowledges that the use of the information downloaded or gained from the Website or via the Website is voluntary and it is rendered at the User’s discretion and exclusively at his own risk.
10.5 Personal consultation with the doctor shall not be replaced with the medical information available on the website.
10.6 Services indicated on the Website contain certain links which lead to websites of different service providers. Operator is not liable for these links, the data which appear on these websites and for the possible damages which may occur by visiting or using these websites.
11. Obligations and liability of the User
11.1 User hereby undertakes that in the course of visiting the Website and using the provided services he will not send such data or messages to anyone which are contrary to
• any legal regulations or international convention,
• directive on the forbidden network misuse of the Internet provider,
• any generally accepted internet rules,
• requirements of morality.
11.2 In addition the User undertakes that he will not make any third party aware of the personal data which became known by the User in the course of visiting the Website and using the services. User hereby acknowledges that he is liable for all damages to be caused by the violation of his obligations.
11.3 In the case of the Operator gains knowledge regarding that in the course of visiting the Website or using the service the User provides personal data other than his, thereby infringing the rights of any third person or otherwise violating law, or uses personal or other data accessible for the public on the Website or illegally gained, thereby infringing the rights of any third person or otherwise violating law or otherwise infringing any provisions of the present Statement, Operator acts in order to enforce claims against User.
TEVA Magyarország Zrt.
2009.