Mibrance Belgium

DATA PRIVACY NOTICE FOR MIBRANCE

Last Updated: January 2021

INTRODUCTION

This App is made available to you by the Pfizer company identified below. The app “MIBRANCE” is a mobile application intended for patients with metastatic breast cancer and treated with Ibrance®. This application works as a patient electronic diary and allows patients to better manage their treatment. The functionalities of the app are, among other things, the possibility to report the overall feeling of the patient, as well as potential adverse events and the ability to receive advices on how to better manage symptoms or create reports and share it with your treating physician.

PERSONAL DATA

“Personal Data” is data that identifies you as an individual or relates to an identifiable individual. The Personal Data collected and processed through this App consists of:

The start date of your Ibrance® treatment
Your combination therapy
The dosage of your Ibrance® treatment
Information about your visiting volume of the App

The App will indicate, for example with an asterisk, which Personal Data is required for the App to function. If you do not provide such data, we will not be able to provide you with the App’s features.

HOW PERSONAL DATA IS USED AND DISCLOSED

We do not receive any Personal Data that you enter into the App. The data is stored within the App on your mobile device and will remain under your own control and responsibility.

You may choose to share reports or other messages generated by the App with others. If you do, the report will be sent to the person(s) you designated using other functionality on your mobile device.

DATA collected automatically

We may use tracking technologies to recognize you as you use or return to the App so that we can understand how the App is used, optimize user engagement with the App and customize and enhance your experience. These technologies collect certain data automatically, such as:

Data about your mobile device, such as your screen resolution, operating system, device manufacturer and model, and language. We use this data to ensure that the App functions properly.
Data about your use of the App, including content viewed, features used and the dates and times of your interactions with the App. We use this data to understand how users engage with the App and to customize and improve the App experience.

We may use third-party services that use cookies and/or similar technologies to collect and analyze data about the App’s use and to report on activities and trends. Such services may also collect data regarding the use of other websites, apps and online services.

For more information, please go to https://www.adobe.com/privacy/policy.html

We may collect your IP address, which is automatically assigned to your device by your Internet Service Provider. An IP address may be identified and logged when you access the App, along with the time of the visit. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the App. We may also derive your approximate location (on a city or region level) from your IP address so that we may better personalize your experience using the App.

LOCATION DATA

We may collect the physical location of your device by using, for example, satellite, cell phone tower, GPS or WiFi signals. We use your device’s physical location to provide you with location-based services and content. You may be able to allow or deny such collection and/or use through your mobile device settings or the App’s privacy controls.

Data security

Your Personal Data is stored on your device. It is not transmitted to us. If you lose your device, you will also lose the Personal Data stored on it, and the data may be vulnerable to exposure, especially if you have not enabled secure access for your device (such as through a password or fingerprint authentication). In addition, if you choose to share reports or other messages generated by the App with others electronically, you are advised to first check the security features of your email or other applicable communications features on your device, as they do not operate within the App.

For your convenience, the App may give you the opportunity to back up the Personal Data stored on the App with a third-party storage provider. Pfizer has no responsibility for any data that you choose to share with that provider.

YOUR privacy controls and Rights

You may stop all collection of Personal Data by the App by uninstalling the App. You may stop the receipt of push notifications through your device settings.

If you wish to review, correct, update, suppress, restrict, or delete Personal Data that we have collected from you, others than Personal Data stores on your mobile device, you may contact us as set forth under “Contact Us,” below. We will respond to your request respecting the applicable law.

If you are not satisfied with the way your Personal Data is being processed, you can lodge a complaint with a data protection authority competent for your habitual residence, place of work or place of alleged infringement. Please click here for contact details of these different data protection authorities.

RETENTION PERIOD

We will retain the data we collect from your use of the App for as long as needed or permitted considering the purpose(s) for which it was collected and as outlined in this Privacy Notice. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the App to you; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (in regard of applicable terms of use of the App, prescription rules and pending litigation or regulatory investigations).

CROSS-BORDER TRANSFER

The data we collect through the App may be stored and processed in any country where we have facilities or in which we engage service providers, including in the United States and where our affiliates operate.

Some non-European Economic Area (“EEA”) countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries not considered as adequate by the European Commission, we have put in place adequate measures, such as by ensuring that the recipient is bound by EU Standard Contractual Clauses to protect Personal Data. You may obtain a copy of these measures by contacting us as indicated in the “Contact Us” section below.

THIRD-PARTY SERVICES

This Privacy Notice does not address the data collection, use, disclosure or security practices, or other practices, of any third party, including any third party operating a service to which the App links. We are not responsible for these processing. The inclusion of a link within the App does not imply our endorsement of the linked service.

use by MINORS

The App is not directed to individuals under the age of sixteen (16), and we do not collect Personal Data from such individuals without a valid consent. If you are under the relevant age to validly consent in your jurisdiction (the age to consent can vary from one county to another), you will need your parent’s or legal guardian’s permission to use the App. Please consult with your parent or legal guardian before installing the App.

UPDATES

From time to time, we will update this Privacy Notice. Any changes will become effective when we post the revised Privacy Notice in the App. This Privacy Notice was last updated as of the “Last Updated” date shown above.

CONTACT US

The company responsible for the collection, use and disclosure of your Personal Data under this Privacy Notice is:

Pfizer SA

Boulevard de la Plaine 17

1050 Brussels

Belgium

If you have questions about this Privacy Notice, or if you would like to exercise any of your individual rights, please contact us at werespectyourprivacy@pfizer.com, or write to the following address: Pfizer SA, Boulevard de la Plaine 17, 1050 Brussels, Belgium.

You may also contact our data protection officer responsible for your country or region. To find his/her contact information, visit DPO.Pfizer.com

Terms of Use

This agreement between you and Pfizer Inc. sets out the legally binding terms for use of MIBRANCE (hereafter the “App”). These Terms, together with any other applicable rules, policies, and legal terms posted within the App (“In-App Terms”), govern your use of the App, including but not limited to any digitized works provided through the App, such as text, video, graphics, images, games and any other similar content (collectively, “Digital Content”) included in the App.

By installing or using the App and/or its Digital Content, you represent to Pfizer that: (i) you will use the App and/or Digital Content only in a manner consistent with applicable professional, ethical, regulatory, and other legal requirements; (ii) you are at least 16 years of age and you have reached the age in order to validly consent on your own in your jurisdiction; (iii) you are an emancipated minor or you possess legally binding parental or guardian consent to use the App; and (iv) you have read, understood and agree to these Terms.
This App is not a Substitute for Professional Medical Advice or Treatment. This App and Digital Content may contain general information relating to health care, some of which may concern medical conditions and their treatment. The App and Digital Content are not to be used as a substitute for medical judgment, advice, diagnosis or treatment of any health condition or problem. Users of the App and Digital Content should not rely on any information provided by the App or Digital Content for treatment, diagnosis, or advice related to their own or others’ health problems. Questions should be addressed to a licensed physician or other health care professional prior to making any decisions or undertaking any action or inaction regarding any health care issue you might have, at any time, now or in the future. Use of the App and Digital Content does not create an express or implied physician-patient relationship. You agree that neither Pfizer, nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or not taken due to your use of information presented through the App or Digital Content. NO STATEMENTS MADE IN THIS APP OR DIGITAL CONTENT HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINSTRATION IN THE US OR BY ANY SIMILAR REGULATORY BODY INSIDE OR OUTSIDE THE US. THE APP AND DIGITAL CONTENT ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Privacy Notice. Pfizer respects your privacy. Please refer to the Privacy Notice for more details.
Hardware and App Compatibility. Pfizer does not warrant that the App or Digital Content (or any updates thereto as described in paragraph 5 below) is compatible with any hardware or software versions or applications (including any specific versions of your mobile device phone, PDA, tablet, computer, or its specific operating system). You may obtain hardware and software version compatibility information for each version of the App (including applicable Digital Content) by contacting Pfizer at the following address: Pfizer SA – Boulevard de la Plaine, 17 – 1050 Brussels.
Pfizer may choose to provide updates to the App and/or Digital Content from time to time and at its sole discretion. In addition, Pfizer’s distribution of the App and Digital Content via third-party services (e.g. the iTunes app store, Blackberry App World and Android Market) may require users to download new or updated versions of the App (including applicable Digital Content) on a periodic basis. To the extent that you choose to download or use any such updates to the App or Digital Content, you acknowledge that you will be bound by the version of these Terms which is applicable as of the time you download and use any such update to the App or Digital Content. Pfizer does not represent or warrant that any future updates to the App (including Digital Content) will provide the same functionality that is provided by the current version of the App (including Digital Content).
Reporting of adverse events. Should you suffer from one or more adverse events, please immediately contact your treating physician or pharmacist. You may report an adverse event with respect to a Pfizer product to Pfizer, by dialing 02/554 62 11 or by sending an email to the following address: AEReporting@pfizer.com. You may instead directly contact the Federal Agency for Medicines and Health Products by sending an email to the address: patientinfo@fagg-afmps.be. By reporting adverse events, you help us obtaining more information on the safety of our products.
The App and/or Digital Content may contain links to third-party web sites or internet resources ("Linked Sites"). The Linked Sites are not under the control of Pfizer and Pfizer is not responsible for the availability, contents, or performance of any Linked Site. Pfizer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pfizer of such a Linked Site, its contents or any products or services available through such a Linked Site or any association with its operators. You are responsible for complying with any privacy statements or terms of use of the Linked Sites. You should direct any concerns regarding these Linked Sites to those sites' administrators.

YOU AGREE THAT PFIZER WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE OR MATERIALS FOUND ON ANY LINKED SITE.

Access to the App and Wireless Carrier/Internet Service Provider Charges. You acknowledge and agree that using the App, Digital Content or any services or functionality provided by the App (“Services”) may require access to the internet via your wireless carrier, internet service provider or other method of internet access, and that access to the App, Digital Content or Services may not be available if you do not have an internet connection or for other reasons. You acknowledge and agree that by using the internet to use the App, Digital Content or Services, you may incur charges from your wireless carrier, internet service provider or other method of internet access, depending upon your contract or plan with your provider. You acknowledge that payment of any such charges will be your sole responsibility. You agree that your use of the App, Digital Content or Services will be in accordance with all requirements of your wireless carrier, internet service provider or other method of internet access.
Security Via Wireless Carrier/Internet Service Provider. Pfizer does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
Subject to your compliance with these Terms, Pfizer grants you a non-exclusive, non-transferable, non-assignable license (without the right to sublicense), solely for your personal, non-commercial use, to (i) install and use one copy of the App in machine executable object code form; and (ii) view, use and display Digital Content solely on the type of device specified in the App or in the third party store in which the App was purchased. You are permitted to use the App and/or Digital Content in jurisdictions not prohibited by applicable laws, subject to any exclusions or usage restrictions with respect to jurisdictions or carrier networks enforced or applied by the App and/or Digital Content.
License Restrictions.

(a) Unless expressly permitted in writing by Pfizer, you may not (i) copy, modify, adapt, translate into any language, distribute, broadcast, stream or create derivative works based on the App or Digital Content; (ii) sublicense, assign or otherwise transfer or otherwise assign these Terms or any of the rights or licenses granted under these Terms; (iii) sell, rent, lease, or lend the App or Digital Content to any person or entity; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the App by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law; or (v) remove any proprietary notices or labels on the App or Digital Content. Any such forbidden use will immediately terminate your license to the App and Digital Content.

(b) You agree that your usage of the App and/or Digital Content shall be subject to and governed by any usage requirements established from time to time by Pfizer and the Usage Rules set forth in the App Store. You agree to use the App and/or Digital Content in a manner that complies with all applicable laws in the jurisdictions in which you use the App and/or Digital Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

(c) You may not use the App or Digital Content to, or in conjunction with any device, program or service designed to, modify, circumvent, defeat or tamper with technological measures employed to control access to the rights in a content file or other work protected by the copyright or other intellectual property laws of any jurisdiction

Ownership of App, Digital Content and Intellectual Property. The App and Digital Content are protected under United States and international copyright laws and are subject to other intellectual property and proprietary treaties and laws. Copyright © 2018 Pfizer Inc. You must abide by all copyright notices, information, or restrictions contained in or attached to any App or Digital Content. The names, logos, and materials displayed in the App and Digital Content constitute trademarks, trade names, service marks or logos (collectively, “Trademarks”) owned by or licensed to Pfizer, its affiliates, subsidiaries, or related companies. Pfizer or in the case of licensed Trademarks, the licensor, has the ownership of all Trademarks and the goodwill associated therewith.

The App and Digital Content are licensed, and not sold, to you under these Terms and all rights not expressly granted in these Terms are reserved to Pfizer. You have no ownership rights in the App, Digital Content or any Services. All right, title, and interest in and to the App, Digital Content and Services, including all copies, translations, compilations, derivative works, modifications, changes or corrections thereto remains with Pfizer or its licensors.

The App, including without limitation its structure, organization and code, are Pfizer’s or its licensors’ confidential information and constitute trade secrets. You will not directly or indirectly, disclose such information to any third party and will use such information only as expressly permitted by these Terms.

Discontinuation and Changes. Pfizer may change the form or nature of the App, Digital Content or Services, and reserves the right to modify, suspend or discontinue your access to them for any reason without notice, in its sole discretion. Pfizer will have no liability whatsoever to you or any third party for any failure of the App, Digital Content or Services (including transmitting your Uploads to or from Pfizer’s or third party servers) and has no obligation to retain your Uploads (or any other materials you may provide to Pfizer) on its servers or return your Uploads (or any other materials you may provide to Pfizer) to you before deleting them from its servers.
Termination of Rights. Your rights under these Terms will automatically terminate if you fail to comply with any term of these Terms. In the case of termination, you must cease all uses of the App, Digital Content or Services and destroy all copies of the App and/or Digital Content in your possession or under your control. Pfizer may immediately revoke your access to the App, Digital Content and/or Services. Pfizer’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.
Disclaimer of Warranties. THE APP, DIGITAL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP, DIGITAL CONTENT AND SERVICES IS WITH YOU. SHOULD THE APP, DIGITAL CONTENT OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. TO THE FULLEST EXTENT PERMITTED BY LAW, PFIZER AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APP, DIGITAL CONTENT AND SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. PFIZER AND ITS SUPPLIERS DO NOT WARRANT THAT THE APP, DIGITAL CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE APP, DIGITAL CONTENT OR SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PFIZER, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF TIME, LOSS OF GOODWILL OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ITS SUBJECT MATTER, YOUR USE OF OR INABILITY TO USE THE APP, DIGITAL CONTENT OR SERVICES, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE APP OR SERVICES, REGARDLESS OF WHETHER PFIZER OR ITS SUPPLIERS OR LICENSORS KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PFIZER’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE AMOUNT OF HUNDRED EUROS (100 €) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS.
You agree to indemnify, defend and hold harmless Pfizer, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers, licensors and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms, to the fullest extent allowed by law.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Pfizer may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Pfizer’s liability will be limited to the fullest extent permitted by applicable law.
Compliance with Laws. This health information in the Digital Content and the App itself is intended to comply with the laws and regulations in Belgium and the App, Digital Content and the information pertaining to Pfizer products is intended for use only by residents of Belgium. Other countries may have laws, regulatory requirements and medical practices that differ from those in Belgium. Any portion of this App or Digital Content is void where prohibited.
Applicable Law. These Terms are governed by the applicable laws of Belgium, as such laws apply to contracts between Belgian residents entered and performed entirely your country, notwithstanding your place of residency or Belgium’s conflicts of law provisions. You agree that any dispute arising from or relating to these Terms will be brought exclusively in a court of competent jurisdiction located within Belgium, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in and agree to service of process issued or authorized by, such court. These Terms will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms will remain in full force and effect. Failure by Pfizer to prosecute any right with respect to a default hereunder will not constitute a waiver by Pfizer of the right to enforce its rights with respect to the same or any other breach.
How to Contact Us. If you have any questions regarding the App, Digital Content or Services, please contact us at: Pfizer SA, Boulevard de la Plaine 17, 1050 Brussels.
Entire Agreement. These Terms constitute the entire agreement between you and Pfizer with respect to and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the App), concerning, the subject matter of these Terms. In no event will any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of these Terms.

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