Eisai New Zealand Limited privacy statement

1. Eisai New Zealand Limited

Eisai New Zealand Limited (referred to in this privacy statement as “Eisai” or “we”) is registered in New Zealand (company number NZBN: 9429047445611), with its registered office at Simpson Grierson, Level 27, 88 Shortland Street, Auckland Central, Auckland, 1010, New Zealand.

2. About this privacy statement

This privacy statement is an important document which explains how we collect, use, store and share any personal information in compliance with Eisai’s obligations under the Privacy Act 2020 (“Privacy Act”), and the Health Information Privacy Code (“HIPC”).

The purpose of this privacy statement is to:

• clearly explain the types of personal information we collect about individuals (referred to in this privacy statement as “you” and “your”) and how we store, use and disclose that information;
• give you a better understanding of how we manage personal information; and
• ultimately to enhance the transparency of our operations and our information management.

This privacy statement also explains how you may access and seek correction of your personal information that we hold, and how you may make a complaint to Eisai about the handling of your personal information.

3. What is personal information?

This privacy statement is concerned with “personal information”, which is information about identifiable, living people.

4. Collection and use of personal information

Generally, we will collect personal information about you directly from you, or from third parties acting on your authority or those individuals who you authorise us to make contact with about you. However, in some cases, we obtain publicly available information or receive information about you from a third party. If we do get personal information in these circumstances, we will determine whether we can lawfully collect the information. If we cannot, we will immediately destroy the information by secure means, or de-identify it.

In all cases, we will only collect personal information about you that is necessary for, or directly related to, our functions and activities. We will only use personal information for the purposes for which it was collected or given to us (or a directly related purpose) or as detailed in the options below. We will not use or disclose personal information for other purposes unless we have reasonable grounds to believe:

• you have authorised the use or the disclosure of the information for that purpose;
• the purpose for which the information is to be used or disclosed is directly related to the purpose in connection with which the information was obtained;
• the use and/or disclosure is required or authorised by law;
• that the source of the information is a publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to use or disclose the information;
• the information will be used or disclosed in a form in which you will not be identified, or the information will be used or disclosed for statistical or research purposes and will not be published in a form that could reasonably be expected to identify you; or
• that the use and/or disclosure of the personal information is necessary to prevent or lessen a serious and imminent threat to somebody’s life, health or safety or a serious threat to public health or safety.

You do not have to give us your personal information unless you wish to do so, except where this is required by law. However, if you do not give us all of the personal information we require from you, it may affect our ability to provide you with information, services or products or to allow you to participate in programs or events.

We will only hold your personal information for as long as required for the purposes for which the information may lawfully be used, or as required by applicable law.

Please select the relevant option from the list below for more information about how we will collect and use your personal information:

If you have any queries about how Eisai handles your personal data which are not covered by this privacy statement please contact Data_Protection_EMEA@Eisai.net or contact_NewZealand@eisai.net

4.1 I am applying for a job at Eisai

This section applies if you are applying for a job at Eisai.

4.1.1 When do we collect information about you?

We collect information about you when you provide your contact details to us, send us your CV or apply via a recruitment agency or an existing staff member refers you for a position. We may sometimes collect additional information from third parties including former employers, credit reference agencies (for a position involving significant financial risk) or other background check agencies where you authorise us to do so. We may also collect personal information about you from publicly available sources.

4.1.2 What information do we collect about you?

We only collect information that is relevant for recruitment purposes. This may include:

• home address, postcode, contact number(s) and email address;
• work contact number(s) and email address;
• date of birth;
• work history of current and previous employers, job titles, job duties, dates of employment and reason for leaving previous employment;
• academic qualifications and professional memberships;
• passport and work permit and/or visa information;
• photograph(s);
• current salary, current employment benefits and notice period;
• your professional training history and training plans;
• notes from our face-to-face, video or telephone interviews with you;
• results from any psychometric and other tests undertaken as part of the recruitment process;
• results from checks performed as part of the recruitment process, including criminal records checks and security checks and driving licence checks;
• employment or character references;
• driving licence details;
• Inland Revenue Department number;
• Kiwisaver;
• disability and other health conditions you tell us about;
• information about your visits to our website (please see ‘I am using this website’ for more information)
• any other information that you provide in connection with the recruitment process.

If you do not want to provide any of the information we are requesting, please inform the recruitment agency or Eisai contact you are working with.

4.1.3 How do we use your personal information?

The information we collect from you will only be used to consider your application and ascertain your suitability for the role you are applying for. It will also be used to comply with relevant laws, such as equal opportunity purposes. It may also be used to manage and administer an offer of employment or a contract.

Please inform us if there is any reason why you are unable to provide certain information that is requested from you during the recruitment process. Please note that it may not be possible to progress your application if you do not agree to provide certain information, including information required in connection with criminal records and security checks.

4.1.4 How long we keep your personal information

If you are applying for a specific role, submit a job application or make a general inquiry through the Eisai website, we will only keep your personal information for as long as required for the purposes for which your personal information may be lawfully used, or as required by applicable law.

If you are offered employment or a contract role, and you accept that offer, we will keep your personal information in line with the privacy policy applicable for employees and other Eisai staff (which can be viewed by selecting the hyperlink above).

Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

4.1 I am a healthcare professional (HCP)

This section applies if you are an HCP.

4.2.1 When do we collect information about you?

We collect information about you if you:

• interact with Eisai staff members or our representatives or our group companies;
• register your interest in, and/or participate in, events organised or sponsored by Eisai such as advisory boards, symposia and conferences;
• provide consultancy services to Eisai;
• take part in market research commissioned by Eisai;
• participate in investigator initiated studies supported by Eisai; and/or
• contact us to request medical information, or to report potential safety or quality issues, relating to any Eisai product.

We may sometimes collect additional information from third parties where you authorise us to do so. We may also collect personal information about you from publicly available sources.

4.2.2 What information do we collect about you?

We only collect information that is relevant for the purposes given in 4.2.1 and 4.2.3.This may include:

• your name;
• your contact information such as your address, email or telephone number;
• your curriculum vitae and professional information such as areas of medical specialisation, presentations given, events attended and publications produced;
• your past collaboration(s) with Eisai;
• information you provide us with (eg about how you use and your experience of using Eisai products in your medical work/practise with patients, or when making a medical information enquiry);
• dates and brief summary of your interactions with Eisai’s sales representatives or medical staff;
• your responses provided in market research; and
• financial and banking information, but only if necessary to pay you for services provided to Eisai or to reimburse your agreed expenses incurred in providing services on Eisai’s behalf.

If you do not want to provide any of the information we are requesting, please inform the relevant Eisai contact you are working with, or contact Eisai using the contact details given below.

4.2.3 How do we use your personal information?

The information we collect from you will only be used to:

• provide you with the information you have requested or to otherwise respond to your enquiry;
• comply with Eisai’s obligations under The Medicines New Zealand Code of Practice or other applicable codes of practice, such as disclosing any payment or other transfer of value made to you;
• comply with Eisai’s legal obligations in relation to the reporting of safety and/ or quality issues relating to Eisai products;
• discuss the use of Eisai products on your patients;
• perform any contract with you, including to pay you any agreed consultancy service fee or honorarium and reimburse any agreed expenses, and book any required travel and accommodation;
• contact you in connection with an investigator initiated study that Eisai is supporting;
• inform our business development strategies and improve how Eisai communicates with you;
• consider your potential involvement in Eisai’s future activities;
• contact you to conduct market research;
• give you information or send you resources and publications about our products; and/or
• contact you to invite you to and/or seek your involvement in events organised or sponsored by Eisai that may be of interest to you.

Direct marketing

With your consent, we may use personal information to communicate with you for direct marketing purposes. Direct marketing involves the marketing or promotion of goods or services using an individual’s personal information. Where we do so, we will give you the opportunity to withdraw your consent and opt out of future direct marketing communications. For further information, Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

4.2.4 How long we keep your personal information

If you are presenting in an event organised by Eisai, we will only keep your personal information for as long as required for the purposes for which your information may lawfully be used, or as required by applicable law.

Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

4.3 I am a supplier of goods and services to Eisai

This section applies if you are or your company is, offering to supply, will supply or are/is supplying, goods and/or services to Eisai.

4.3.1 When do we collect information about you?

We collect information about you when:

• you contact us to offer to supply goods or services to Eisai;
• we request you to supply goods or services to Eisai; or
• you contact us to supply goods or services to Eisai.

We may sometimes collect additional information from third parties where you authorise us to do so. We may also collect personal information about you from publicly available sources.

4.3.2 What information do we collect about you?

We only collect personal information that is relevant for purposes given in 4.3.1 and 4.3.3. This may include:

• your name and names of any staff working for you or your company;
• your contact information such as address, email or telephone number;
• background checks;
• your past contacts with Eisai; and
• financial and banking information.

If you do not want to provide any of the information we are requesting, please inform the relevant Eisai contact you are working with, or contact the Eisai Data Protection Officer and Eisai Data Protection Team by using the contact details given below.

4.3.3 How do we use your personal information?

The information we collect from you will only be used to:

• evaluate your suitability to supply goods or services for Eisai;
• comply with our legal obligations;
• comply with Eisai’s commitments under international programmes such as the United Nations General Compact;
• make payments to you for the goods and/ or services provided in accordance with the contract you have with Eisai; and/or
• perform the contract we have with you for the goods and/ or services.

4.3.4 How long we keep your personal information

If you have supplied goods and/or services to Eisai, we will only retain your personal information for as long as required for the purposes for which your information may lawfully be used, or as required by applicable law.

Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

4.4 I am using this website

This section applies if you are using the Eisai website.

4.4.1 When do we collect information about you?

We collect information about you when:

• you access this website;
• you contact us or provide information via this website.

4.4.2 What information do we collect about you?

We only collect information that is relevant for purposes given in 4.4.1 and 4.4.4. This may include:

• your name and any other information that you may provide when contacting us through the Eisai New Zealand Limited website; and
• information about your visits to our website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths).

4.4.3 Cookies

This website uses cookies. A cookie is a small file of letters and numbers which is downloaded onto your computer when you access and proceed to use this website. The cookies used on this website are ‘essential’ and ‘analytical’ cookies.

The analytical cookies collect information from our website visitors to enable us to count the number of visitors to this website and to see how visitors use the website; this helps us to improve the way that our website works. The essential cookies will support the functionality and reliability of the site

4.4.4 How do we use your personal information?

The information we collect from you will only be used to:

• count the number of visitors to this website, to see how visitors use the website and to help us to improve our website; and
• provide you with the information you requested

4.4.5 How long we keep your personal information

Information about your visit and general enquiries will only be retained for as long as required for the purposes for which your information may lawfully be used, or as required by applicable law.

Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

4.5 I work for Eisai

This section applies if you are employed by, or working for, Eisai, including permanent and fixed term employees, contractors, consultants or agency workers.

4.5.1 When do we collect information about you?

We collect information about you when:

• you are employed by Eisai as a permanent or fixed term employee; or
• you have agreed to provide services to Eisai as a contractor, consultant or agency worker.

We may also collect personal information about you from third parties where you authorise us to do so; and we may collect personal information about you from publicly available sources

4.5.2 What information do we collect about you?

We only collect personal information that is relevant for employment purposes or your engagement as a contractor, consultant or agency worker. This may include:

• name, home address, postcode, contact number(s) and email address;
• date and place of birth;
• work history of current and previous employers, job titles, job duties, dates of employment;
• academic qualifications and professional memberships;
• passport and New Zealand work visa information (including birth certificate in absence of passport);
• photograph(s);
• current salary, current employment benefits and notice period;
• your professional training history and training plans;
• notes from our face-to-face, video or telephone interviews with you;
• results from any psychometric tests undertaken as part of the recruitment process;
• results from checks performed as part of the recruitment process, including criminal records checks and security checks;
• employment or character references;
• driving licence details (depending on band or role type);
• Inland Revenue Department number;
• Kiwisaver;
• health conditions you tell us about;
• marital status;
• next of kin and dependents;
• vehicle registration number(s);
• bank account details;
• business travel details;
• records from internal investigations, disciplinary and grievance processes;
• performance and appraisal information;
• gender;
• any other data that you provide.

We may also collect information related to your attendance and/ or assistance at Eisai events, including photographs of you at these events, and related to your work at Eisai. We may also collect personal information about you from third parties where you authorise us to do so; and we may collect personal information about you from publicly available sources

4.5.3 How do we use your personal information?

We use the information we collect from you to comply with relevant laws. It may also be used to manage, facilitate and administer staff employment contacts and business operations at Eisai. It may also be used to promote Eisai (through social media and other media channels) and for internal communications.

4.5.4 How long we keep your personal information

All personal information will only be held for as long as required for the purposes for which the information may lawfully be used, or as required by applicable law.

Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

4.6 I am contacting you about a volunteering activity (hhc activity)

This section applies if you are contacting Eisai for any hhc activity in connection with Eisai’s human healthcare (hhc) mission.

4.6.1 When do we collect information about you?

We collect information about you when you contact us or when we contact you in relation to an hhc activity.

We may sometimes collect additional information from third parties where you authorise us to do so. We may also collect personal information about you from publicly available sources

4.6.2 What information do we collect about you?

We only collect information that is relevant for the purposes of the hhc activity and this may include:

• name, address, contact number(s) and email address;
• date of contact;
• details of the requests;
• any other information necessary to run or consider the hhc activity, and any contract we have for the hhc activity.

4.6.3 How do we use your personal information?

The information we collect from you will only be used to enable our employees to provide the hhc activity, and comply with Eisai’s obligations under applicable pharmaceutical codes of practice (such as for disclosing any transfer of value made to you).

4.6.4 How long we keep your personal information

We will only keep your personal information for as long as required for the purposes for which your personal information may lawfully be used, or as required by applicable law.

Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

4.7 I am a patient or other member of the public

This section applies if you are a patient or member of the public. If you are a healthcare professional, please see I am a healthcare professional (“HCP”) section.

4.7.1 When do we collect information about you?

We collect information about you if you contact us to request medical information, or to report potential safety or quality issues relating to any Eisai product, or if you consent to being sent direct marketing materials. Where you comment in a public forum on any Eisai product or a therapeutic area in which Eisai has an interest, we may obtain aggregated and anonymised information relating to your comment, unless we are legally required to collect identifiable information.

In some cases, we may be provided with personal information about you from a medical practitioner or other person involved in your care. In some cases, we may receive unsolicited information about you from a third party. If we do get personal information in these circumstances, we will determine whether we could have lawfully collected or received the information. If we could not, we will immediately destroy the information by secure means or de-identify it.

Please note that Eisai cannot provide medical advice to members of the public and we will direct you to your healthcare professional for medical advice and guidance. Medical Information can provide factual information that is available in the Patient Information Leaflet (PIL) to members of the public if this is relevant to your question.

4.7.2 What information do we collect about you?

We only collect information that is relevant for purposes given in 4.7.1 and 4.7.3. This may include:

• your contact information such as your name, address, email or telephone number;
• details of your request for medical information about an Eisai product;
• details of the potential safety or quality issue about an Eisai product that you are reporting; and
• information about you or the other person who has taken the product (if reporting a potential safety issue), including age, sex, health condition, and the contact details of the healthcare professional who prescribed the product.

Where you comment in a public forum about an Eisai product or a therapeutic area in which Eisai has an interest, we will only obtain minimal information relating to the comments made and, unless we are legally required to collect identifiable information, this will only be obtained in an aggregate form which does not identify you.

We may also collect information about your health (including any medical conditions which you suffer or medications that you take), but only if you or a healthcare professional provides us with such information.
You do not have to give us personal information unless you wish to do so. However, if you do not give us your personal information, it may affect our ability to provide you with information, services or products or allow you to participate in programs or events.

4.7.3 How do we use your personal information?

The information we collect from you will only be used to:

• respond to your request for medical advice by directing you to contact your healthcare professional;
• respond to your request for medical information by providing factual information that is available in the PIL if it is relevant to your question;
• comply with Eisai’s legal obligations in relation to the reporting of safety or quality issues relating to Eisai products;
• inform our communications in respect of therapeutic areas in which Eisai has an interest.

Direct marketing

With your consent, we may use personal information to communicate with you for direct marketing purposes. Direct marketing involves the marketing or promotion of goods or services using an individual’s personal information. Where we do so, we will give you the opportunity to withdraw your consent and opt out of future direct marketing communications. For further information, Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

4.7.4 How long we keep your personal information

If you contact us to request medical information or about a medical or safety issue regarding an Eisai product, we will keep your personal information for as long as required to carry out the purposes for which the personal information may lawfully be used, except where we are required to retain the personal information in accordance with applicable laws.

Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

4.8 I am a patient speaker or have been invited to speak at an Eisai event or am participating in an Eisai videos

This section applies if you are a patient speaker or have been invited to speak at an Eisai event or are participating in an Eisai video.

4.8.1 When do we collect information about you?

We collect information from you if you:

• interact with Eisai staff members or our representatives;
• register your interest in, and/or participate in, events organised or sponsored by Eisai;
• are a patient speaker who shares your experience and your condition at an Eisai organised event such as an hhc event;
• agree to speak at an Eisai organised event such as employee benefit fair; and
• participate in an Eisai video or any other material.

We may sometimes collect additional information from third parties where you authorise us to do so. We may also collect personal information about you from publicly available sources

4.8.2 What information do we collect about you?

We only collect information that is relevant for purposes given in 4.8.3. This may include:

• your contact information such as your name, address, email or telephone number; and
• details of your health, family members or any other information that you voluntarily share or make available to Eisai.

4.8.3 How do we use your personal information?

The information we collect from you will only be used to:

• facilitate your visit and access to the Eisai event and assist you with giving your presentation;
• facilitate the recording of a video that you are participating in;
• facilitate the production of materials in relation to the event that you are participating in (e.g. by taking photographs); and
• enter into any contract with you.

4.8.4 How long we keep your personal information

We will only keep your personal information for as long as required for the purposes for which your personal information may lawfully be used, or as required by applicable laws.

Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

4.9 I work for a regulator or government department

This section applies if you work for a regulator or government department with whom Eisai interacts in the course of its business.

4.9.1 When do we collect information about you?

We collect information about you when we communicate with each other.

4.9.2 What information do we collect about you?

We only collect personal information that is relevant for purposes given in 4.9.3. This may include:

• your contact information such as name, address, email or telephone number; and
• the names of any staff working for you or your company.

4.9.3 How do we use your personal information?

The information we collect from you will only be used to communicate with you and comply with our legal obligations.

4.9.4 How long we keep your personal information

We will only retain your personal information for as long as required for the purposes for which your personal information may lawfully be used, or as required by applicable laws.

Please click this link to read about your rights, sharing your personal information, changes to this privacy statement and how to contact us.

5 Your rights and how to exercise them, sharing your personal information, changes to this privacy statement, and how to contact us

5.1 What are your rights and how to exercise them

You have the right to:

• request confirmation of whether Eisai holds personal information about you, and request access to the personal information we hold about you;
• request correction of the personal information we hold about you;
• provide us with a statement of the correction to your personal information that you are seeking to be made and request us to attach that statement of correction to your information if we do not make the correction sought; and
• withdraw your consent to receive, and opt out of receiving direct marketing from Eisai by email.

If you would like to exercise any of these rights, please send an email to contact_NewZealand@eisai.net or Data_Protection_EMEA@Eisai.net. We will consider any such request made in accordance with the Privacy Act and HIPC, and will to respond to your request within 20 working days. However, please note that there may be a legal or other valid reason as to why Eisai may not be able to process your request in whole or in part, and we will notify you of this within the 20 working day period.

You may also complain about the way Eisai handles your personal information by contacting contact_NewZealand@eisai.net and Data_Protection_EMEA@Eisainet We will consider and endeavour to respond to your complaint as soon as practicable. If you are not satisfied with our response, you can then complain to the Privacy Commissioner. Details of how to do so are provided at https://www.privacy.org.nz/your-rights/making-a-complaint/.

5.2 Who do we share your personal information with?

We may share your personal information with:

• authorised teams and individuals within Eisai;
• other entities in the Eisai group (also see 5.3 below);
• third-party suppliers or potential suppliers who provide related services or business systems used by to Eisai to securely process your personal information;
• our regulators and/ or any other competent authority who have powers to request disclosure of personal information we hold;
• relevant Pharmaceutical Industry bodies when disclosing any payment or other transfer of value made to a healthcare professional;
• professional advisors;
• pharmaceutical companies with whom Eisai has a co-promotion/ co-marketing relationship or other collaboration with;
• a purchaser or potential purchaser of any business or asset that we are selling (or are contemplating selling); and/or
• third parties where required by law (for example New Zealand government departments).

5.3 How we protect and share your personal information

We will take steps to ensure that the personal information we collect is accurate, up to date, complete, relevant and not misleading. These steps include maintaining and updating personal information when we are advised by individuals that their personal information has changed and at other times as necessary.

We maintain systems and procedures to ensure that personal information we hold is protected against (i) loss, and (ii) access, use, modification, or disclosure, except with the authority of Eisai; and (iii) other misuse.

Personal information we collect from you may be transferred to countries outside of New Zealand where Eisai has operations. As an international organisation, Eisai operates in a number of countries (including Australia, the UK, EU Member States, Japan and USA). We share personal information with our affiliates for any of the purposes for which we may collect your personal information and to improve our information, products and services.

We also use third party suppliers to provide a number of business tools, and we share your personal information with these third party service providers. Some of these providers may be outside of New Zealand.

In transferring your personal information outside of New Zealand, Eisai will take all necessary steps to ensure that your personal information is protected against unauthorised use or unauthorised disclosure of the information. We maintain processes to ensure that any third party we transfer your personal information to for processing, including other Eisai entities, will maintain the same security standards as Eisai, to protect your personal information. This includes carrying out necessary due diligence on such third parties (for example, on the security measures they have in place for protecting personal information), and entering into contracts which contain adequate contractual measures to protect personal information and which comply with the Privacy Act.

5.4 Changes to this privacy statement

This privacy statement may be updated by Eisai from time to time.

5.5 How to contact us

If you have any questions concerning this privacy statement, please send an email to contact_NewZealand@eisai.net Alternatively, you can contact Eisai’s Data Protection Officer and Data Protection Team by using the email address Data_Protection_EMEA@eisai.net or by writing to the address given above.