Privacy statement

Last revised: January 2019

 

We respect your privacy and your personal rights. The responsible and compliant handling of personal data is very important to MSD Merck Sharp & Dohme AG, Werftestrasse 4, 6005 Lucerne, Switzerland (“MSD”). This privacy statement provides information on the data that we process concerning you, for what purpose we need this data and how you can object to the collection of the data when using the docare.ch website or the docare.ch application.

 

How does this privacy policy define “personal data”?

The term “personal data”, as it is used in this privacy policy, refers to all information related to an identified or identifiable person.

 

What personal data does MSD process and how are the data collected?

MSD uses the following possibilities or methods to collect the following personal data:

  • Data transmitted by you: MSD collects personal data as well as other data, which you enter, such as via forms, data fields or means of communication in the docare.ch application or on the docare.ch website. This kind of data particularly includes contact details (such as your name, address, email address, telephone number, authentication features), date of birth, health insurer, health data, professional references, leisure activities and interests and communication.
  • Data transmitted by the healthcare professional: When using the docare.ch application, your doctor, your treating medical and nursing staff, pharmacists or other persons in the health sector (“healthcare professional”) transmit personal data concerning you to MSD via the docare.ch application. This kind of data particularly includes contact details (such as your name, address, email address, telephone number), date of birth, health data, professional references, leisure activities and interests and communication and other data (such as medical appointments, data related to diagnosis and treatment).
  • Data collected from third party sources based on your transmitted data: When using the docare.ch application, MSD also collects and processes data and information that is collected from third party data sources based on your transmitted data (such as on the insurance card pursuant to Art. 42a KVG (Health Care Insurance Act), which can be accessed using the Covercard®System (www.covercard.ch) or a comparable data source). Some of these data could also be personal data, such as your surname, first name, date of birth, gender or the name of your health insurer.
  • Data collected from public or third party data sources: MSD also collects personal data about the healthcare professionals who register on the docare.ch application or on websites or from public or third-party sources of information in order to check their professional references and identity. In some cases, we may also supplement our existing user databases with data from third parties. Some of these data may also be personal data, such as a change in the residential address.
  • Data collected about your computer or other electronic devices: We collect data about your computer or other electronic devices when you use the docare.ch application or the docare.ch website. These data may include your Internet protocol (IP) address, the name of your domain, browser type, browser language, operating system, date and time of your enquiry and information provided by tracking technologies, such as cookies and pixel tags. If you use a mobile device to access the docare.ch application or docare.ch website, we can also collect information on your device, such as the device ID and device type as well as usage information on your device and your use of our mobile website and other mobile resources.

 

How do we use website analysis services?

Our websites use the open source web analysis service Matomo (www.matomo.org). This web analysis software is operated on our own servers so the collected analysis data are not disclosed to third parties. Matomo uses “cookies”, text files that are stored on your computer or mobile device, and which enable your use of the docare.ch website and docare.ch application to be analysed. However, this type of information never involves personal data. Your IP address is anonymised before it is saved. You can prevent cookies from being stored by adjusting your browser software; however, please note that, in this case, you may not be able to make full use of all the functions on the docare.ch website and the docare.ch application. If you do not consent to the storage and use of your data, you can disable the storage and use on the docare.ch website or the docare.ch application. In this case, an opt-out cookie is stored in your browser, which prevents Matomo from saving your usage data. Deleting your cookies will also delete the Matomo opt-out cookie. In this case, the opt-out needs to be reactivated.

 

For what purpose does MSD process your personal data?

MSD processes personal data to provide the docare.ch website and the docare.ch application. In particular, the data are used for the purpose of communication between the healthcare professional and MSD as well as between the patient and the healthcare professional. In addition, MSD processes personal data so that you can register for the docare.ch application and to allow us to adapt this to your needs.

MSD may analyse anonymised health data, which do not allow you to be identified, to improve the functionality of the docare.ch application so that you can make more efficient use of these resources.

 

What is the legal basis for the processing of your data by MSD?

MSD processes your data based on your consent or to be able to meet its contractual and legal obligations in connection with the docare.ch website and the docare.ch application.

 

Where are your personal data stored?

Your personal data are exclusively stored in Switzerland; access by MSD and MSD processors exclusively takes place from Switzerland. You yourself can access your personal data from Switzerland or abroad so that you can independently decide where you process your data. Healthcare professionals are contractually prohibited from processing the data outside Switzerland and, in particular, from accessing the data from abroad.

 

Do you have access to your personal data?

Once you have access to the docare.ch application, you have access to your personal data entered by the healthcare professional and to the data that you enter. Your access to your data ends as soon as you send a message, log out or stop using the docare.ch application.

 

Does the healthcare professional have access to your personal data?

The healthcare professional has access to your personal data if you consent to this access. You can choose whether you do or do not respond to a message from a healthcare professional. If you respond to the message, the healthcare professional has access to your personal data. The healthcare professional is obliged to export your relevant personal data and store this on their own IT system to ensure that these data are available at all times.

 

Does MSD have access to your personal data?

MSD does not have access to personal data of patients. MSD only has access to personal data after they have been encrypted and no longer allow you to be identified. MSD can access the contact information of the healthcare professional (in particular name, email address, telephone number and business address).

 

Do third parties have access to your personal data?

To operate the docare.ch application, MSD processors only have access to your personal data to the extent to which you allow MSD permission to process personal data, if these processors have concluded contracts with us, which protect your personal data in accordance with the latest technical standards, or to the extent that they are legally entitled to process the data.

 

How does MSD protect your personal data?

MSD has implemented the latest technical standards to protect personal data from unauthorised access, disclosure, modification or erasure. You are responsible for the protection of your own copies, data, authentication features, etc.

 

How does MSD protect the data of children?

We are required to obtain the consent of the parents in cases in which the personal data of children under 13 years of age are collected. If a healthcare professional processes the personal data of children under 13 years of age due to incorrect information, they are obliged to erase these data or have these data erased by sending an email to MSD at the address provided below.

 

How can you correct your personal data or restrict the processing of your personal data or request the erasure or a copy of these data?

To correct, complete and update your personal data, to request the restriction of processing or the erasure of the data or a copy thereof, you can contact us using the address provided below.

 

How can you object to the processing of your personal data?

If the data processing is provided for by law or another legal justification exists, you have the right to object to the processing of your personal data. If these prerequisites are in place, we will erase your personal data within an appropriate period. To lodge an objection, you can contact us using the address provided below.

 

For how long does MSD store your personal data?

We generally process your personal data for as long as this is required for the specific purpose, but for no longer than the statutory retention periods.

 

What is the MSD address for questions on data protection?

If you have questions on this privacy policy or on MSD’s data collection, use and disclosure principles, please contact us at the following address: MSD Merck Sharp & Dohme AG, Werftestrasse 4, 6005 Lucerne, Switzerland; email: msd_privacy_office@msd.com (email address of the MSD Switzerland data protection officer). When contacting us, please provide information on whether this relates to the docare.ch website or the docare.ch application, on the data transmitted by you and sufficient information to identify you. We will make every reasonable effort to respond to your requests, questions or suggestions on the use of your personal data within 10-20 days.

 

How can you find out whether MSD has updated this privacy policy?

MSD may update this privacy policy periodically. If we decide to amend this policy, we will provide information on the changes made via the docare.ch website and the docare.ch application.