Last Updated: October 2024

This Notice, together with the Website Terms and Conditions of Use and Cookie Policy, explains the types of personal data we collect and use about you (and in which circumstances we do so), who we share this data with, how we protect it, and your rights in relation to this data. We are fully committed to protect your privacy by complying with this Notice and any applicable law. For a printable version of this Notice, please click here.

Marken has prepared this Privacy Notice (“Notice”) for:

• all visitors or users of online.marken.com, marken.com, and any successor website or application thereto (collectively, the “website”);
• all visitors or users of Marken Maestro™, Marken Allegro™, Marken Solo™, Marken Fast Track™ and Marken Apollo™ (collectively “Marken platforms”);
• any individual who interacts with Marken via the website (including online job applicants), emails, or our call centre(s);
• healthcare professionals or a business contacts,
• any individual who receives promotional communications from Marken,
• all visitors of Marken premises where surveillance is installed for occupational safety and crime prevention purposes;

(Collectively, the “Individuals” or “you”).

NOTICE: Marken has additional privacy notices or terms that are tailored for the different ways your personal data is collected by different Marken service lines or functions. For example, Marken provides employment applicants with a notice that describes the personal data we may collect in connection with Marken’s employment and recruiting efforts. If you receive a privacy notice provided to you for a specific purpose, the terms of the more specific notice or contract will control your interaction with Marken to the extent that notice conflicts with this notice.

This Privacy Notice is not a contract and does not create any contractual rights or obligations.

This notice may change from time to time (see Changes To This Notice section). Historic versions can be obtained by contacting us.

Select one of the links below to jump to the listed section:

• Personal Data Marken Collects
• How We Use Your Personal Data
• Sharing The Data We Collect
• Online Tracking
• International Transfers Of Your Personal Data
• Privacy Of Children
• How Long Does Marken Keep Your Personal Data?
• Keeping Your Personal Data Secure
• Your rights
• Data Controller
• How to Contact us
• Changes to this Notice
• Dispute Resolution And Agreement To Arbitrate
• USA Addendum
• CCTV Statement
  
  

1        Personal Data Marken Collects

For the general purposes of this Notice, personal data means any information that is linked or reasonably linkable to an identified or identifiable natural person. Depending on the purpose for using your personal information, we collect and process information from you, including:

1.1  Data We Directly Collect from You

You may voluntarily provide us with information about you when you interact with us, including but not limited to:

Category of Personal Data	Source(s)	Purpose(s)	Disclosure to third parties
Identifiers which may include name, alias, postal address, unique personal identifier, email address, telephone number, signature  queries you submit to us, marketing preferences or other similar identifiers	Directly from you	Enabling Query ResponsesProviding Requested Products and ServicesInforming You About Our ServicesCompliance with Legal ObligationsBusiness analytics and reporting	Disclosure for business purposes to: Internet Service Providers and third-party Service Providers who perform services on our behalf based on our instruction as required on a need to know basis
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), which may include Individual and business contact information, Shipping information education, employment, employment history	Directly from you	To fulfil or meet the reason you provided the information, e.g., to respond to an inquiry, to update our Apollo database . To pick up or deliver a shipment or provide other services.	Disclosure for business purposes to internet Service Providers and to Third Party providers as required e.g. Clinical Trial conduct
System credentials, which may include username, password and other credentials used to access Marken products and services	Directly from you or on your behalf	Access to Online ServicesUser Account AuthenticationTechnical assistanceBusiness analytics and reporting	Disclosure for business purposes to: Internet Service Providers and third-party Service Providers who perform services on our behalf based on our instruction as required on a need to know basis
Professional credentials, which may include your CV and other qualifications and education data	Directly from you or on your behalf	Assessing Providers of Products or Services:Quality and Compliance AssessmentCompliance with Legal Obligations	Disclosure for business purposes to clinical trial investigators and other required parties who need to know, Service Provider of a digital platform for job applications management, and other related parties
Communications that we exchange when you contact our Customer services and participate in surveys or requests for feedback	Directly from you	Quality and Compliance Assessment	We do not disclose your communications with us with Third parties unless it is legally required.
Audio, electronic, visual, or other sensory data, such as photographs and audio/video recordings.	Directly from you when you visit our premises	Physical Safety and SecurityLegal Defense and Litigation	We do not disclose your communications with us with Third parties unless it is legally required.

You can choose not to give us personal information when we ask you for it. If you decide not to give us your personal information, it may restrict our relationship with you. For example, we may not be able to provide you with our services or respond to communications from you via our website.

NOTE: When providing an email address, all users assume responsibility that they are the exclusive user of the provided email address. For this reason, any liability for logins related to an email address shall be borne exclusively by the user who provided the email address.

1.2  Data We Collect About You

Category of Personal Data	Source(s)	Purpose(s)	Disclosure to third parties
Physical location data. This includes, for example, data identifying the actual location of a physical address using information such as GPS data, geocodes, latitude and longitude information.	Indirectly from your when we pick up or deliver a shipment or provide other services	Improving and Personalizing ServicesWebsite and App SecurityAggregatingAI/ML Model Building and Usage	Disclosure for business purposes to: Internet Service Providers and third-party Service Providers maintaining our website.
Internet or other similar network activity, which may include browsing history, search history, information on a consumer’s interaction with a website, or an application, IP address, operating system	Indirectly from you (e.g., from observing your actions on our website)*   From third-party Service Provider, such as a data analytics provider*	Website and App Security	Disclosure for business purposes to third party Service Providers
Aggregated data, such as statistical or demographic data. For example, we may aggregate data about your use of Marken website and calculate the percentage of users accessing a specific feature.	Indirectly from you (e.g., from observing your actions on our website)*   NOTE: if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we will treat the combined data as personal data	AI/ML Model Building and UsageImproving and Personalizing ServicesWebsite and App Security	Disclosure for business purposes to third party Service Providers

* Provided you have granted us access to that information in your device settings and by selections using the Cookie banner where this is relevant for your geographical location.

1.3  Data We Receive from Third-Party Sources

Category of Personal Data	Source(s)	Purpose(s)	Disclosure to third parties
Shipment data ( which may include name, alias, postal address, unique personal identifier, email address, telephone number, signature)	We may receive this data from our Clients	Providing Requested Products and Services	Disclosure for business purposes to: Internet Service Providers and third-party Service Providers who perform services on our behalf based on our instruction as required on a need to know basis
Cookie information	If you are an EU Data Subject, we only use non-essential cookies and GIFS (e.g., to enhance and personalize your experience) when you opt-in to allow for their use. However, some essential cookies are necessary for our website to function properly (.e.g. to register your opt-out decision) and will remain in use even if you do not opt-in to our use of non-essential cookies.   To learn more about how we use cookies and how to control which cookies are used, please see our Cookie Policy available on our website, click here to view our Cookie Policy.	Depending on the cookie preferences set we may use cookies:to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.To perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.help provide information on metrics such as the number of visitors, bounce rate, traffic source, etcto understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.	As noted in the Marken Cookie Notice
Marketing analytics information	Where we are entitled to contact you with such communications, this information is provided to us by marketing analytics providers that we engage.	Improving and Personalizing ServicesBusiness analytics and reportingAggregating
Social media analytics information, for example, “likes”, “share”, “follow” actions and your comments to Marken content (e.g., if you share a Marken website page on social media).	We gather this information through third-party social media analytics providers that we engage for this purpose.	Improving and Personalizing ServicesBusiness analytics and reportingAggregating	Social media features and widgets may be hosted by a third party. Your interactions with those features are governed by the privacy policies of the companies that provide them

2        How We Use Your Personal Data and Our Legal Basis

Purpose	We may use your personal data	What is the legal basis for us using your data for this purpose?
Enabling Query Responses	To receive and respond to queries from individuals. Example: When you reach out to us with questions or requests, we use your information to provide timely and accurate responses	Necessary for the performance of a contract or our legitimate interest in fulfilling your requests and communicating with you
Providing Requested Products and Services	To deliver products and services requested by you, your organization, or third parties. Example: Supporting, reporting on, and managing projects through our web-based tools, Pick up or deliver a shipment , etc.	Necessary for the performance of a contract or our legitimate interest to provide and administer our services
Access to Online Services	To grant you access to our online services (e.g., shipment tracking). Example: You can log in to oura Marken platform to track your shipments and access relevant information	Fulfillment of a contract (where data is necessary to deliver a requested service).   Legitimate interest to provide you with reserved access to our website. We believe that our legitimate interest overrides your privacy rights (also considering the adequate security measures we implement to protect your personal data).
Informing You About Our Services:	To share information about our services with you. Example: We provide updates and specifics about Marken services that may be of interest to you	Consent (when required by local legislation): Clear indication (e.g., ticking a box) for processing personal data. Legitimate Interest (when consent not required): Addressing requests, sharing relevant information, and engaging with expressed interests. Note: We maintain an up-to-date suppression list to honour opt-out requests
Recording and managing marketing choices:	To record your opt-in to marketing where opt-in is required by applicable law and keep an up-to-date suppression list where you have asked not to be contacted, so we do not inadvertently re-contact you.	Consent (when required by local legislation): Clear indication for processing personal data. Legitimate Interest (when consent not required): Addressing requests and engaging with expressed interests. Note: We maintain an up-to-date suppression list to honour opt-out requests.
Assessing Providers of Products or Services:	To evaluate organizations that provide (or may potentially provide) products or services to Marken. We assess their ability, review quality, communicate, process payments, and manage projects on behalf of Marken and its clients	Our legitimate interest in effectively receiving and assessing products and services.
Quality and Compliance Assessment	As part of Marken’s internal quality and compliance program, we assess quality and investigate reports of misconduct and risk. Example: Ensuring adherence to standards and identifying areas for improvement, auditing compliance with current Notice specification.	Data Processing is necessary for the purposes of compliance with regulatory/legislative requirements.
User Account Authentication:	To verify and authenticate user rights for accessing accounts provided by or via Marken. Example: When you log in to our platforms, we validate your access rights	Confirming user identity (legitimate interest) and fulfilling legal obligations (e.g., healthcare content access).
Technical assistance:	To support you with technical issues regarding your access and use our online services (e.g., if you have lost or forgotten your password to access Marken Maestro™, Marken Allegro™, Marken Solo™ or Marken Apollo™).	Fulfillment of a contract (necessary for service delivery). Legitimate Interest: Enabling online service usage with adequate security measures.
Physical Safety and Security:	To ensuring the safety and security of our employees, events, and premises	Our legitimate interest in protecting employees, events, and premises.
Legal Defense and Litigation:	To exercise or defend Marken against potential, threatened, or actual litigation. Example: Handling legal matters related to our services	Data processing is necessary for the purposes of complying with legal requirements to which we are subject.
Improving and Personalizing Services:	To enhance and personalize our services. Example: Administering surveys, troubleshooting, error protection, feature development, and service improvement.	Consent (if required) or legitimate interest for surveys/research (excluding special categories of Personal Data).
Business analytics and reporting:	To prepare internal reporting and business modeling (e.g., forecasting, revenue, capacity planning, product strategy and to conduct research on service efficacy. Example: Analyzing usage patterns and identifying areas for enhancement	Our legitimate interest in managing business operations.
Website and App Security:	To protect the security of our websites and apps and implement security protocols to safeguard user data	Our legitimate interest lies in effectively managing our network and information systems, ensuring their secure operation for processing data on behalf of both our clients and employees.
Compliance with Legal Obligations:	To fulfil legal requirements. Example: Adhering to data protection laws and regulations.	Our processing of your personal information for this purpose is driven by our legal obligations. Examples: Adhering to laws against improper payments, interactions with third parties, and responding to requests from regulatory bodies (e.g., local Tax Authority).
Aggregating:	To ensure that it is no longer identifying for reporting and data analytics purposes	Our legitimate interest in minimizing the amount of Personal Data processed as part of the noted processing activity
AI/ML Model Building and Usage:	Building and using artificial intelligence/machine learning models. These models serve the purposes listed in this section	Our legal basis for processing personal data for AI/ML Model Building and Usage is legitimate interests. We rely on this legal basis to develop, train, and improve machine learning models, as well as to utilize these models for data analysis, predictions, and decision-making. Our legitimate interest in this context is to enhance our services, optimize processes, and provide valuable insights while ensuring appropriate safeguards for data protection.   Our commitment is to balance innovation, efficiency, and compliance, ensuring that our AI/ML initiatives benefit patients, healthcare providers, and our global supply chain stakeholders.
Communicate with you	Record your interactions with our Marken website to provide you with enhanced marketing or other services which are requested or authorised by you or permitted by applicable law. We do not directly identify you by name, but we may record your IP address and details about your website usage e.g., searches and browsing history on our website through cookies or similar technologies. You can find more information about cookies in our Cookie Policy.	Legitimate interest to understand our website audience better so as to tailor our marketing and online services to you. We believe that our legitimate interest overrides your privacy rights.  In order to protect your personal data, we implement adequate security measures. Furthermore, we do not rely on any solely automated decision-making processes about you which significantly impacts on you). We use cookies only in accordance with the law. With Your Consent: In cases where we need your consent to process your personal data, we will ask you to make a positive indication (e.g., to tick a box, sign a document, provide confirmation) that you agree to the processing.

3        Sharing the Data We Collect

We may disclose personal information we collect about you to other parties. We will only do this for the purposes set out in “How do we use your personal data”.

3.1  Third Parties

3.1.1     Marken / UPS group of companies

As Marken is part of a wider group with headquarters in the US, and offices located across the globe, which all collaborate and partially share customer services and systems including website-related services and systems, we may need to transfer your personal data to, or otherwise allow access to such data by other companies within the Marken and UPS group including, for example, addressing your queries, providing you with our website services (e.g. shipment tracking) from any locations you request them, ensuring the security of our website and your personal data, informing you about our services and promotions.

3.1.2     Our service providers and other parties

We use other companies, agents, or contractors (“Service Providers“) to perform services on our behalf or to assist us with the provision of services to you. We may share personal data with the following categories of third-party Service Provider:

• infrastructure and IT services providers.
• provider of a digital platform for job applications management.
• digital and email marketing platform.
• logistics and home healthcare sub-processors.

In the course of providing such services, these third-party Service Providers may have access to your personal data. However, we will only provide our third-party Service Providers with the information that is necessary for them to perform the services, and we ask them not to use your data for any other purpose.  We may also share your data with third parties as required in order to provide our services.  We will always use our best efforts to ensure that all the Service Providers we work with will keep your personal data secure.

3.1.3     Our Clients

We may share your personal information with our clients, which include organisations involved in clinical research.

3.1.4     Third parties permitted by law

In certain circumstances, we may be required to disclose or share your personal data in order to comply with a legal or regulatory obligation (for example, we may be required to disclose personal data to customs brokers, the police, or to judicial or administrative authorities).

We may also disclose your personal data to third parties where disclosure is both legally permissible and necessary to protect or defend our rights, matters of national security, law enforcement, to enforce our contractual rights or protect your rights or those of the public.

3.1.5     Third parties connected with corporate transactions

We may transfer your personal data to third parties in connection with a reorganisation, restructuring, merger, assignment, acquisition, or transfer of assets, provided that the receiving party agrees to treat your personal data in a manner consistent with this Notice.

3.2  Third-Party Links

When you use the websites, there may be links and you may be directed to third party websites.  We are not responsible for the privacy practices or content of such other third-party sites. If you have any questions about how these other sites use your data, you should review their policies and contact them directly.

4        Online Tracking

Our website current does not use tools to enable cross contextual behaviour advertising.

5        International Transfers of Your Personal Data

Marken operates on a global basis, and your personal data may be transferred, accessed and stored globally as necessary for the uses stated in this notice, or in another notice or agreement provided to you (for example, in the US), including within the Marken and UPS group or through the use of third parties as set out under the section “Third Parties” above. It may also be processed by staff operating outside the EEA who work for us or for one of our Service Providers.

Marken will take all necessary measures to ensure that your personal data is securely transferred, stored, and used after transfer, as required by applicable law. This includes using appropriate safeguards such as the EU Model Contract Clauses (or equivalent measures). You can ask for a copy of the appropriate safeguards by contacting us as set out below (“How To Contact Us?”).

 

6        Privacy Of Children

We do not collect the data of any individual under 16 years of age unless that individual is enrolled in a clinical trial for which we are engaged to provide services. In the event that we learn that a child under the age of 16 has provided personal data to us other than in the context of a clinical trial, we will take the appropriate steps to delete or destroy such personal data as soon as possible.

7        How Long Does Marken Keep Your Personal Data?

Your personal data is stored by us and/or our Service Providers on our behalf, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the data is collected (you can see a list of these purposes under above at ” How We Use Your Personal Data “). When personal data is kept, that period will be determined based on the applicable local law. When we no longer need to use your data for any of our purposes, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your data to comply with legal or regulatory obligations to which we are subject).

8        Keeping Your Personal Data Secure

We have implemented technical and organizational security measures, in an effort to safeguard the personal data in our custody and control. Such measures we have implemented include, for example, limiting access to personal data only to employees and authorized Service Providers who need to know such data for the purposes described in this Notice, as well as other administrative, technical, and physical safeguards such as encryption when receiving and transmitting data.

While we endeavor to always protect our systems, websites, operations and information against unauthorized access, use, modification, and disclosure, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any data, during transmission or while stored on our systems, will be absolutely safe from intrusion by others, such as hackers. Understand that any data that you transfer to us is done at your own risk.

9        Your Rights

Depending on your jurisdiction, you may have a number of rights in relation to the personal data that we hold about you. We are committed to address these rights where required under applicable law. These can be summarised as follows.

• Know and Access. Subject to applicable law, you may have the right to know and access what data/personal information we collect about you and request a copy of the personal data we are processing about you by contacting us as indicated in the “How To Contact Us” section of this Privacy Notice.  This request may include categories of sources we collect the information from, categories and/or specific pieces of personal data, categories of third parties with whom we disclose personal data and categories of what personal data is or disclosed, as well as the purpose for all of the above.  Upon request, we will provide this information to you in a structured, commonly used, and machine-readable format. For your own privacy and security, in our discretion we may require you to prove your identity before providing the requested information.  If you require multiple copies of your personal data, we may charge a reasonable administration fee.
• Rectification. If you believe that personal data we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the data by contacting us as indicated in the “How To Contact Us” section of this Privacy Notice.
• Deletion / Right to be Forgotten. You may have the right to request that we delete personal data that we process about you, except we are not obligated to do so if we need to retain such data in order to comply with a legal or regulatory obligation or to establish, exercise or defend legal claims.
• Restriction. You may have the right to restrict our processing of your personal data where you believe such data to be inaccurate, our processing is unlawful or that we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it. 
• Portability. You may have the right to obtain personal data we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) personal data which you have provided to us, and (b) if we are processing that data on the basis of your consent (such as for direct marketing communications) or to perform a contract with you (such as to administer your account).  
• Objection. Where the legal justification for our processing of your personal data is our legitimate interest, you may have the right to object to such processing on grounds relating to your particular situation.  We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise, or defence of a legal claim.
• Withdrawing Consent.  In certain jurisdictions, when we process personal data based on your consent, you have the right to withdraw your consent in whole or in part at any time, , free of charge.  This includes cases where you wish to opt out from marketing messages that you receive from us. When unsubscribing from our marketing communications, note that because emails are planned in advance, you may still receive mailings while we process your request. Where applicable, once we have received notification that you have withdrawn your consent, we will no longer process the personal data for the purpose(s) to which you originally consented unless there are compelling legitimate grounds that override your interests, rights, and freedoms (for example, to comply with a legal obligation), or for the establishment, exercise, or defense of legal claims.
• Marketing. You may elect to receive recurring informational/promotional e-mail from us. Our e-mail correspondence will include instructions on how to unsubscribe from our e-mails. Please follow the instructions in the e-mails to opt-out of an e-mail. We will unsubscribe you from that newsletter or other programs within 30 business days.
• Right to Opt-out of the Sale of Personal Data. We do not sell or monetize your personal data. We do not share your personal data with third parties for their direct marketing purposes.
• Right to Non-Discrimination. We will not treat you differently for exercising a legal right regarding your personal data.

9.1  How to exercise your rights

9.1.1     California Residents

For requests submitted by California residents, you may use the webform available here or call the Patient Communications Center (PCC) at 844-627-5361. California residents may use an authorized agent. Authorized agents must have written permission to submit requests on your behalf.

9.1.2     United Kingdom

If you are based in, or the issue relates to, the UK, the Information Commissioner’s Office can be contacted as follows:

Telephone: +44 0303 123 1113

Email: casework@ico.org.uk

Website: www.ico.org.uk

Web-form: www.ico.org.uk/concerns/

9.1.3     EEA Residents

If you are a resident or the issue took place in the European Economic Area (EEA), you have the right to lodge a complaint, The Data Protection Supervisory Authority will be the Data Protection Supervisory Authority that is local to you in your country as the data subject. A list of EU Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080

The lead supervisory authority for Marken in Europe is the Data Protection Authority in Belgium (see: https://www.dataprotectionauthority.be/citizen), You also have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws.

9.1.4     Non-EEA

People residing in non-EEA countries can contact Marken (see “How To Contact Us” section below) and/or lodge a complaint to their own national or State body regulating data protection.

Whenever feasible for verification, we will match the identifying information provided by you to the personal data already maintained by us. If, however, we cannot verify your identity from the data already maintained by us, we may request additional information.  

9.2  Agent Authorization

You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us via the information provided in the “How to Contact Us” section below to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require:

• The authorized agent to provide proof that you provided signed permission to the authorized agent to submit the request
• You to verify your identity directly with us; or
• You to directly confirm with us that you provided the authorized agent permission to submit the request.

9.3  Verification Process

For requests made in connection with the Right to Know, Right to Correct, and/or Right to Delete, please note:

• as required or permitted under applicable law, we may take steps to verify your request before we can provide personal information to you, correct, or delete personal information, or otherwise process your request. To verify your request, we may require you to provide your name, physical address, email address, contact information, and information about your account or previous transactions with us. If we believe we need further information to verify your request as required by law, we may ask you to provide additional information to us.
• We will process your request in the manner required by law after receipt of a request, unless we notify you that we require additional time to respond, in which case we will respond within such additional period of time required by law. If electronically, then we will deliver the information to you or, at your request, to another entity, in a portable and, to the extent technically feasible, in a structured, commonly used, machine-readable format that allows you to transmit the information from one entity to another without hindrance

10    Data Controller

For jurisdictions that use a Controller / Processor model for data privacy, Marken is the “data controller” of your personal information for the purposes set out in this notice. This means we determine how your personal information is used and processed for the purposes described in “How We Use Your Personal Data” section.

In circumstances where Marken acts on a third party’s instructions (this means Marken is acting as a “data processor”), that third party is the data controller of your personal information, and their privacy notice will apply to you instead of this one.

11    How to Contact Us?

If you have any questions or concerns about how we treat your personal data, or you wish to exercise any of the rights described above, please contact the Marken Privacy Office at:

    Telephone: +44 (0) 203 249 7508

    Email: privacy@marken.com

    Address: Ground Floor, 107 Power Road, Chiswick, London, W4 5PY, UK

You can also contact Marken’s Data Protection Officer, HewardMills Ltd., at:

    Telephone: +44 (0) 204 540 5853

    Email: dpo@hewardmills.com

    Address: 77 Farringdon Road, London, EC1M 3JU

Residents of California may also use the webform available here or call the Patient Communications Center (PCC) at 844-627-5361 to exercise their rights.

In addition, if you reside in the European Economic Area, you may identify the relevant data controller for your personal information in accordance with the section ‘Relevant Data Controller’ in the EEA Addendum.

12    Changes To This Notice

We may update this Notice from time to time in response to changing legal, regulatory, or operational requirements. Please review this Notice periodically to stay informed on how we are handing your personal data.

If we decide to make material changes to this Notice, we will notify you of these changes (including when they will take effect) by posting an alert on the home page of our website and / or by sending you an email at the email address we have on file for you. 

13    Dispute Resolution and Agreement to Arbitrate

Except where and to the extent prohibited by law, by using our services, you agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of our services, or the breach, enforcement, interpretation, or validity of this Notice or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

• Us at Ground Floor, 107 Power Road, Chiswick, London, W4 5PY, UK, or
• You, at the address we have on file for you.

Both you and Marken agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Notice, including any claim that all or any part of this Notice is void or voidable.
   

14    USA Addendum

This Addendum applies to consumers who resided in U.S. States that have enacted comprehensive consumer data privacy laws.

14.1             Personal Data We Collect

We describe the personal information we have collected about consumers in the twelve (12) months preceding the effective date of the Marken  Privacy Notice in the part titled, “Personal Data Marken Collects.”

14.2             Your California Privacy Rights

For the purposes of compliance with the California Consumer Privacy Act of 2018, as amended, (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”), when we use the term personal data in this Section, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

14.3             Rights

California Civil Code Section 1798.83 permit California residents to request certain information, , regarding disclosure of personal data to third parties for their direct marketing purposes. Additionally, California residents have the rights to know, to delete, to opt-out of the sale of personal data, and non-discrimination specified in the “Your Rights And Choices To Control Your Personal Data” section above.

14.4             Disclosures of Personal Information for Monetary or Other Valuable Consideration or
for Business Purposes

As is common practice among businesses that operate Internet Web sites, we may also have disclosed certain information about the use of our websites and apps, and inferences drawn about you to our social media, advertising, and analytics partners for monetary or other valuable consideration. These disclosures may qualify as “sales” of personal information for consideration, sharing of personal information for processing of personal information for advertising under U.S. state comprehensive data privacy law

We may have disclosed personal information for certain data categories identified in this notice for various business purposes. For more information about the categories of personal information we have disclosed, the categories of entities with which we have disclosed this information and the purposes for which we have disclosed the information, please see “Sharing the Data We Collect”.

We do not disclose personal information of individuals we know to be under the age of 16 to businesses or third parties for monetary or other valuable consideration as a “sale” of personal information, or as the “sharing” of personal information as defined under U.S. state comprehensive data privacy laws.

14.5             Data Sharing for Direct Marketing Purposes (California)

California Civil Code Section § 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your personal information with certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us as specified below. To make such a request, please tell us your preference by contacting us as specified in the “How to Contact Us” section above.

15    CCTV Statement

15.1             Summary

Marken uses CCTV (Closed Circuit Television) in certain of our global locations to record employees, contractors, and visitors to our premises. 

15.2             The Purpose Of CCTV

Marken has a legitimate interest in maintaining the security of our facilities. We also have a duty to take reasonable and appropriate steps to provide a safe and secure working environment. Marken deploys CCTV at our locations for the following purposes:

• Enhancing the safety of Marken Personnel and visitors;
• Securing Marken client property, the Marken premises, information, and other assets;
• Deterring and detecting unlawful behavior or behavior that materially violates Marken policy;
• Responding to lawful requests from law enforcement, discovery requests, and court orders; and
• Defending or pursuing the legal rights of Marken, including the prosecution of criminal behavior.

In exceptional circumstances (such as in the case of a catastrophic event with immediate impact on the life or safety of employees, such as a fire, natural disaster, violence), Marken may use CCTV systems to visually monitor the health and/or behavior of personnel or other persons. Unless such use is required to support the vital interests of individuals, Marken will ensure there is a proper legal basis for such processing, such as prior consent.

Marken CCTV systems are used to investigate incidents in connection with the above purposes and to secure evidence related to them. Marken CCTV systems are not used to routinely monitor the work or office attendance habits of Personnel.

15.3             Location Of CCTV Cameras

CCTV cameras are located in order to monitor only those areas intended to be monitored by the equipment and to limit the capture of images or footage (e.g., street views) that are not intended to be monitored. Marken will not install CCTV cameras in areas in which individuals would have an expectation of privacy such as toilets, changing rooms, etc. CCTV cameras are installed where they are visible to individuals in the area surveyed by the camera.

15.4             CCTV Signage

All locations that are monitored by CCTV will have appropriate signage. CCTV Camera locations.

15.5             CCTV System Controls

CCTV footage is stored on a secure hard drive or similar storage device and shall be maintained in accordance with the requirements of Marken Information Security policies and standards.

Access to the CCTV system is restricted to authorized personnel only, on a need-to-know basis. All personnel who may require access to CCTV footage on the system are trained on the proper use of the system and subject to written confidentiality obligations to Marken. A log of access to CCTV System and the footage stored on it, and actions taken with respect to the footage or the system, will be maintained. All requests for access to footage or images are documented. All lawful requests to access CCTV footage or images must be approved by appropriate parties within Marken. The exercise of rights by individuals is set out in “Your Rights And Choices To Control Your personal data”. Disclosure of CCTV system footage or images to third parties will be made only in accordance with the purposes for which the CCTV system is used.

15.6             Third parties

Marken may share CCTV footage with public authorities where this is mandated by a legal requirement.

15.7             Retention

Marken retains CCTV footage for a maximum of 90 days or for as long as permitted in local law, unless a longer retention period is required or permitted by law (for example, to comply with legal holds). CCTV footage images will be permanently destroyed following the expiration of the Retention Period.

15.8             Compliance

Marken has implemented policies and procedures to address non-compliance with the principles outlined in this statement and consequently any violation of Federal, state, or foreign law.

08 August 2024

This Privacy Notice (“Notice”), together with our Cookie Notice, explains the types of personal information we collect, store and use about you (and in which circumstances we do so), who we share this data with, how we protect it, and your rights in relation to this data. We are fully committed to protecting your privacy by complying with this Notice and applicable law.

We have prepared this Notice for:

• visitors or users of www.polarspeed.com, and any successor website or application thereto (collectively, the “website“);
• visitors or users of our platforms;
• individuals who interact with us via emails, services, and recruitment platforms;
• individuals who receive promotional communications from us; and
• visitors of our premises where surveillance is installed for occupational safety and crime prevention purposes;

IMPORTANT: We may supply additional privacy terms that are tailored for the different ways your personal data is collected by us through our different service lines or functions. If you receive a privacy notice provided to you for a specific purpose, its terms will control your interaction with us should any of those terms conflict with this Notice.

Who is the data controller of your personal information?

We are the “data controller” or joint controller of your personal information for the purposes set out in this Notice. This means we determine how your personal information is used and processed for the purposes described in the “How We Use the Information We Obtain” section.

In circumstances where we act on a third party’s instructions (this means we are acting as a “data processor”), that third party is the data controller of your personal information, and their privacy notice will apply to you instead of ours.

Personal Information We Obtain

“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.

Depending on the purpose for using your personal information, we may collect personal information about you to enable us to provide our services to you. This personal information may include:

• Basic information – your name, surname (including prefix or title), country or location, as well as your preferred language;
• Contact information – information that enables us to contact you, e.g. your email, mailing address, and telephone number;
• Technical and network activity information – information about your device and your usage of our websites, apps, and systems, including your IP address, browser type, operating system, domain name, access times and referring website addresses. To learn more about how we use cookies and how to control which cookies are used, please see our Cookie Notice available at here;
• Health information – your health status and health conditions, your medical records, medical history, and health information required to provide our services.
• Recording Telephone Calls – When you call us, we may record that telephone call, and keep that recording with your other information. We do this to ensure we provide the best possible care and customer service, and to review our services to see where we can learn and improve. Sometimes calls are audited as part of our governance function, and to provide assurances to medicines manufacturers and regulators that we meet their high standards.

We may collect this personal information:

• from you directly, such as when you fill in forms to register for our services, fill in forms provided by our delivery drivers, when you use our websites, apps, and systems, or communicate with us by telephone or in writing.
• from third parties, for example the hospital, community mental health team, care home, or healthcare professionals which may be involved in your care, or our Clients.
• where relevant, from any nurses and phlebotomists who visit you to provide certain homecare services.

How We Use the Information We Obtain

If you receive our distribution services, we use your personal information to:

• deliver your packages;
• create and manage your delivery records;
• provide customer support;
• maintain records and audit trails for the services we provide.

If you receive our homecare services, we use your personal information to:

• dispensing and delivering your medication;
• creating and managing your prescription and delivery records;
• facilitating a nurse or healthcare professional to visit you, where relevant;
• communicating with the hospital, community mental health team, care home, or healthcare professionals who may be involved in your care;
• providing customer support;
• recording and managing (where appropriate) any adverse events or side effects relating to your medication which you tell us about;
• maintaining records and audit trails for the services we provide.

We may use the personal information that we collect via our cookies and devices to:

• administer our website and customise your visits to our website;
• diagnose technical and service problems;
• improve and personalise our services and develop new ones; for example, we may use the data to troubleshoot and protect against errors; perform data analysis and testing; or to develop new features and services;
• analyse user traffic and usage patterns.

For more detail see our Cookie Notice.

The legal bases for which we collect, store, use, transfer or disclose your personal information as part of our services include in line with Article 6 of the UK GDPR (and Articles 9 and 10, if the processing involves special category data):

• Performance of a task carried out in the public interest (this may apply where we are providing pharmaceutical services under contract with the NHS);
• Legitimate interests in providing services which have been commissioned by our customers or by the NHS. We believe that our legitimate interest overrides your privacy rights (also considering the adequate security measures we implement to protect your personal data);
• Performance of a Contract: When we enter a contract (or prior to entering into a contract) we use personal information for the performance of that contract.
• Legal Obligation: There may be occasions where we are required to process information for compliance with an applicable law. An example of this is our legal requirement to report any adverse reactions to medicine to the relevant regulator and the medicine’s manufacturer.
• Consent: Your consent to processing activities, for example where you have consented to us using your information to invite you to participate in surveys. You can change your mind at any time by getting in touch using the details below in the How to Contact Us section.

Where we process special categories of personal information, such as your health data, we will require an additional legal basis for processing. These additional legal bases include:

• the provision of health care or treatment;
• public interest in the area of public health.

The legal bases for which we use cookies include:

• our legitimate interests of providing and improving our services, analysing our website user traffic so that we can improve our website and meet the needs of visitors to our website, to provide your with access to our website, and to monitor how our website is used to detect and prevent fraud, other crimes and the misuse of our website.
• compliance with a legal obligation, such as our obligation to ensure the security of our information systems.
• consent for where we use cookies or similar technologies for analytics purposes (or purposes other than the purposes mentioned above). We rely on your consent to place cookies as required under applicable law.

For more detail see our Cookie Notice.

Third Parties

The security of your personal information is extremely important to us. Access to your personal information is only provided to our staff and certain third parties, including:

• our third-party service providers who help us to provide our services to you, such as delivery companies in our distribution network.
• our infrastructure and IT service providers.
• our regulators, or organisations to whom we are required to disclose your personal information by law.
• our group of companies for the purposes described above where this is legally permissible;
• third parties connected with business transfers, such as in connection with a reorganisation, restructuring, merger, acquisition, or transfer of assets, provided that the receiving party agrees to treat your personal information in a manner consistent with this Notice.
• if you receive our homecare services:
  • the hospital, community mental health team, care home, or healthcare professionals who may be involved in your care.
  • pharmaceutical companies in connection with adverse events or side effects, but only where you consent to this.

International Data Transfers

The personal information that we collect from you may be transferred to, and stored at, a destination outside the United Kingdom.  It may also be processed by staff operating outside the United Kingdom and who work for us or for one of our service providers.

We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Notice and applicable data protection laws, including, where relevant, entering into standard contractual clauses (or equivalent measures) with the party outside the EEA receiving the personal information.

Data Retention

Your personal information will only be stored for as long as necessary for the purposes for which they were collected and only to the extent permitted by applicable laws. When we no longer need to use your information, we will remove it from our systems and records and / or take steps to promptly anonymise it so that you can no longer be identified from it, unless we need to keep your information to comply with legal or regulatory obligations to which we are subject.

How We Protect Personal Information

We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide.  Although we take steps to limit access to our facilities and vehicles to authorised individuals, information that is located on the outside of a package or letter may be visible to others.

Your Personal Information Rights

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

• Know and Access. You have the right to know and access what personal information we collect about you and request a copy of the personal data we are processing about you. This request may include categories of sources we collect the information from, categories and/or specific pieces of personal data, categories of third parties with whom we disclose personal data and categories of what personal data is or disclosed, as well as the purpose for all of the above. Upon request, we will provide this information to you in a structured, commonly used, and machine-readable format. If you require multiple copies of your personal data, we may charge a reasonable administration fee.
• Rectification. You have the right to have incomplete or inaccurate personal information that we process about you rectified.
• Deletion. You have the right to request that we delete personal information that we process about you, except where we are not obligated to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
• Restriction. You have the right to restrict our processing of your personal information where you believe such data to be inaccurate, our processing to be unlawful or that we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it. In such case, we would mark stored personal information with the aim of limiting particular processing for particular purposes in accordance with your request, or otherwise restrict its processing.
• Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise, or defence of a legal claim.
• Withdraw Consent. Where we process certain personal information on the basis of your consent, you have the right to withdraw your consent.

In some situations, we may refuse to act or may impose limitations on your rights, as permitted by law. Before we can provide you with any information or correct any inaccuracies, we may ask you to verify your identity and/or provide other details to help us respond to your request.

For the exercise of your rights, please contact us using the contact information provided below in the “How to Contact Us” section.

In all cases, you have a right to file a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. If you are based in the UK, the Information Commissioner’s Office can be contacted as follows:

            Telephone: +44 0303 123 1113

            Email: casework@ico.org.uk

            Website: www.ico.org.uk

            Web-form: www.ico.org.uk/concerns/

                        Address: Water Lane, Wycliffe House, Wilmslow, Cheshire, SK9 5AF

How to Contact Us

If you have any questions or concerns about how we treat your personal data, or you wish to exercise any of the rights described above, please contact our Privacy Office at:

Email: privacy@polarspeed.com

Address: 8 Chartmoor Road, Leighton Buzzard, Bedfordshire, LU7 4WG.

You can also contact Polar Speed’s Data Protection Officer, HewardMills Ltd., at:

Telephone: +44 (0) 204 540 5853

Email: dpo@hewardmills.com

Address: 77 Farringdon Road, London, EC1M 3JU

Changes To This Notice

We may update this Notice from time to time in response to changing legal, regulatory, or operational requirements. Please review this Notice periodically to stay informed on how we are handing your personal information.

If we decide to make material changes to this Notice, we will notify you of these changes (including when they will take effect) by posting an alert on the home page of our website and / or by sending you an email at the email address we have on file for you.

Polar Speed CCTV Privacy Notice

1.     Summary

We use non-audio Closed Circuit Television (“CCTV”) in some of our locations to record video of employees, contractors, and visitors to our premises. CCTV .

2.     The Purpose Of CCTV

Polar Speed has a legitimate interest in maintaining the security of our facilities. We also have a duty to take reasonable and appropriate steps to provide a safe and secure working environment. Polar Speed deploys CCTV at our locations for the following purposes:

• Enhancing the safety of Polar Speed personnel and visitors;
• Securing Polar Speed client property, the Polar Speed premises, information, and other assets;
• Deterring and detecting unlawful behaviour or behaviour that materially violates Polar Speed policy;
• Responding to lawful requests from law enforcement, discovery requests, and court orders; and
• Defending or pursuing the legal rights of Polar Speed, including the prosecution of criminal behaviour.

Polar Speed CCTV systems are used to investigate incidents in connection with the above purposes and to secure evidence related to them. Polar Speed CCTV systems are not used to routinely monitor the work or office attendance habits of personnel.

3.     Location Of CCTV Cameras

CCTV cameras are located to monitor only those areas intended to be monitored by the equipment and to limit the capture of images or footage (e.g., street views) that are not intended to be monitored. Polar Speed will not install CCTV cameras in areas where individuals would have an expectation of privacy such as toilets, changing rooms, etc. CCTV cameras are installed where they are visible to individuals in the area surveyed by the camera.

4.     CCTV Signage

All locations that are monitored by CCTV will have appropriate signage.

5.     CCTV System Controls

CCTV footage is stored on a secure hard drive or similar storage device and shall be maintained in accordance with the requirements of our Information Security policies and standards.

Access to the CCTV system is restricted to authorised personnel only, on a need-to-know basis. All personnel who may require access to CCTV footage on the system are trained on the proper use of the system and subject to confidentiality obligations.

A log of access to CCTV system and the footage stored on it, as well as actions taken with respect to the footage or the system, will be maintained. All requests for access to footage or images are documented. All lawful requests to access CCTV footage or images must be approved by our appropriate personnel.

The exercise of rights by individuals is set out in “Your Personal Information Rights” Disclosure of CCTV system footage or images to third parties will be made only in accordance with the purposes for which the CCTV system is used.

6.     Retention

We retain CCTV footage for a maximum of 30 days or for as long as permitted in local law, unless a longer retention period is required or permitted by law (for example, to comply with a court order). CCTV footage images will be permanently destroyed following the expiration of the retention period.

7.     Compliance

We have implemented policies and procedures to address non-compliance with the principles outlined in this statement and any violation of UK law.