Last updated May 18, 2018
TrialSpark complies with the E.U. – U.S. Privacy Shield Framework and complies with the Privacy Shield Principles. Click https://www.privacyshield.gov to learn more.
Collection and Use of Information
The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with TrialSpark and the requirements of applicable law. We endeavor to collect only that information which is relevant for the purposes of Processing. Below are the legal bases and some of the ways we collect information and how we use it.
Information Collected or Received from You
TrialSpark collects Personal Information regarding its current, prospective, and former Researchers, patients, Employees, users, visitors, and guests.
Our primary goals in collecting information are to provide and improve our Program, to administer your use of the Program (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Program.
The types of personal information we collect from you depends on the circumstances in which the information is collected. The most common types of information we collect and the ways we collect it are set out below:
Health Information. As part of the Program, we may send you health-related surveys to collect information including, but not limited to, your or your Child’s age, gender, date of birth, smoking status, height, weight, number of children, diagnoses, medical conditions, medications, medical history and other healthcare-related information. Any such information collected from you in connection with a survey is referred to as “Health Information.”
You acknowledge and agree that we may use the Health Information to create de-identified or aggregated data that does not identify you or your Child (“De-Identified Data”). We may use and share De-Identified Data for research and analysis purposes, to improve the Program or to promote the Program.
Information Collected Using Cookies and other Web Technologies. Like many website owners and operators, we use automated data collection tools such as Web Beacons to collect certain information.
“Web Beacons” (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Program for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Program, to monitor how many visitors view our Program, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s device, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
Information Related to Use of the Program. Our servers automatically record certain information about how a person uses our Program (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Program, the pages or features of our Program to which a User browsed and the time spent on those pages or features, search terms, the links on our Program that a User clicked on and other statistics. We use Log Data to administer the Program and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Program by expanding the features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Program is used.
Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our Program, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Program.
Location Information. When you use our App, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Program for you. If you do not want us to collect location information, you may disable that feature on your mobile device.
Additionally, in some cases TrialSpark is obligated to collect certain Personal Information to comply with regulatory requirements, including information relating to adverse effects you have experienced when using our products.
You can choose not to provide information to us directly, but some of this information is required to participate in some of the Services, and some Services may not function properly if you choose not to provide the information requested.
Information We Obtain from Other Sources. We may receive information about you from other sources, including through Third-Party services and organizations. TrialSpark may indirectly collect information about your health condition, diagnosis, and treatment from your healthcare professional, but only where your healthcare professional has obtained your consent to disclose that information to us, as required by law. TrialSpark may collect various information from healthcare professionals as part of marketing activities to healthcare professionals, including first name, last name, age, gender, home address, home phone number, medical specialization, professional qualifications, license number and scientific society membership number.
How TrialSpark Collects Personal Information
Some of the ways that TrialSpark may collect Personal Information include:
- You may provide Personal Information directly to TrialSpark through interacting with the Services, participating in surveys, during events, on telephone conversations, and requesting products, Services, or information.
- As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as discussed above.
How TrialSpark Uses Personal Information
We acquire, hold, use, and Process Personal Information based on the legal grounds and for the legitimate business purposes outlined in this Policy, including:
- To Provide Products, Services, or Information Requested: TrialSpark may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to:
- Generally manage Individual information and accounts;
- Respond to questions, comments, and other requests;
- Provide access to certain areas, functionalities, and features of TrialSpark’s Services;
- Allow you to register for events and Programs.
- Administrative Purposes: TrialSpark may use Personal Information about you for its administrative purposes, including to:
- Measure interest in TrialSpark’s Services;
- Develop new products and Services;
- Ensure internal quality control;
- Verify Individual identity;
- Communicate about Individual accounts and activities on TrialSpark’s Services and systems, and, in TrialSpark’s discretion, changes to any TrialSpark policy;
- Process payment for products or services purchased;
- Process applications and transactions;
- Comply with regulatory requirements, including collecting and using information relating to adverse effects you have experienced when using our products;
- Prevent potentially prohibited or illegal activities.
- Marketing TrialSpark Products and Services: TrialSpark may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. TrialSpark may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:
- To tailor content, advertisements, and offers;
- To notify you about offers, products, and services that may be of interest to you;
- To provide Services to you and our sponsors;
- For other purposes disclosed at the time that Individuals provide Personal Information; or
- Otherwise with your consent.
You may contact us at any time to opt out of the use of your Personal Information for marketing purposes, as further described below.
- Research and Development: TrialSpark may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and services or develop new products and Services.
- Information Submitted Via Services. You agree that TrialSpark is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. TrialSpark will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
- Sharing Content with Friends or Colleagues. TrialSpark’s Services may offer various tools and functionality. For example, TrialSpark may provide functionality on its Services that will allow you to forward or share certain content with a friend or colleague. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by TrialSpark or any other Third Parties for any other purpose.
- Information Anonymized or Aggregated. Including the analytics information discussed below, TrialSpark may use and share anonymized or aggregated information within the TrialSpark group of companies or with Third Parties for public health, research, analytics, or any other legally permissible purpose.
- Other Uses. TrialSpark may use Personal Information for other purposes disclosed to you at the time you provide Personal Information or with your consent.
Human Resources Data
TrialSpark collects Personal Information from current, prospective, and former Employees, their contact points in case of a medical emergency, and beneficiaries under any insurance policy (“Human Resources Data”). The Human Resources Data we collect may include title, name, address, phone number, email address, date of birth, passport number, driver’s license number, Social Security number or other government-issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, contact information of third parties in case of an emergency and beneficiaries under any insurance policy. We may also collect Sensitive Human Resources Data such as details of health and disability, including mental health, medical leave, and maternity leave; information about national origin or immigration status; and optional demographic information such as race, which helps us achieve our diversity goals.
We acquire, hold, use and Process Human Resources-related Personal Information for a variety of business purposes including:
- Workflow management, including assigning, managing and administering projects;
- Human Resources administration and communication;
- Payroll and the provision of benefits;
- Compensation, including bonuses and long-term incentive administration, stock plan administration, compensation analysis, including monitoring overtime and compliance with labor laws, and company recognition programs;
- Job grading activities;
- Performance and employee development management;
- Organizational development and succession planning;
- Benefits and personnel administration;
- Absence management;
- Helpdesk and IT support services;
- Regulatory compliance;
- Internal and/or external or governmental compliance investigations;
- Internal or external audits;
- Litigation evaluation, prosecution, and defense;
- Diversity and inclusion initiatives;
- Restructuring and relocation;
- Emergency contacts and services;
- Employee safety;
- Compliance with statutory requirements;
- Processing of Employee expenses and travel charges; and
- Acquisitions, divestitures, and integrations.
With regard to Personal Information that TrialSpark receives in connection with the employment relationship, TrialSpark will use such Personal Information only for employment-related purposes as more fully described in this section above. If TrialSpark intends to use this Personal Information for any other purpose, TrialSpark will notify the Individual and provide an opportunity to opt out of such uses.
Information from Third-Party Sources
TrialSpark may collect information about you from Third-Party sources to supplement information provided by you. This supplemental information allows us to verify information that you have provided to TrialSpark and to enhance our ability to provide you with information about our business, products, and services. TrialSpark’s agreements with these Third-Party sources typically limit how TrialSpark may use this supplemental information.
From time to time, TrialSpark may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
Information that We Share with Third Parties
We will not share any Personal Information or Health Information that we have collected from or regarding you except as described below:
Information Shared with Our Researchers. We may share the Personal Information and Health Information you submit with the Researchers who have contracted with us to have access to our database. The Researchers have access to such information only for the purposes of selecting candidates for and conducting the Studies.
Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Program. These third-party services providers have access to the Personal Information and Health Information you submit only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use such information for any other purpose.
Information Shared with Third Parties. We may share aggregated information and non-identifying information, including, without limitation, the De-Identified Data, with third parties for research and analysis, demographic profiling, promotion of the Program, and other similar purposes.
Interest-Based Advertising. Through our Services, TrialSpark may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-TrialSpark related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.”
Information Shared with Web Analytics Services Providers. Google. We utilize Google Analytics, a service provided by Google, Inc. (“Google.”), to gather information about how users engage with our Site and Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Opt-out of Ad Tracking. You can opt out of the collection and use of your information for ad targeting by going to http://www.aboutads.info/choices or http://www.youronlinechoices.eu/ to limit collection through the Site.
Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including Personal Information and Health Information, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Information and Health Information, may be disclosed or transferred to a third party acquirer in connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
TrialSpark has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
We offer you choices regarding the collection, use and sharing of the Personal Information and Health Information you submit and we’ll respect the choices you make. Please note that if you decide not to provide us with the Personal Information or Health Information that we request, you may not be able to access or participate in all of the features of the Program.
Where you have consented to TrialSpark’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out to further Processing by following the instructions in this section.
Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out.
Prior to disclosing Sensitive Data to a Third Party or Processing Sensitive Data for a purpose other than its original purpose or the purpose authorized subsequently by the Individual, TrialSpark will endeavor to obtain each Individual’s explicit (opt-in) consent. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, TrialSpark will comply with the law or contract.
Advertising Choices. If TrialSpark participates in interest-based advertising, an opportunity to opt out of such interest-based advertising will be provided through an AdChoices link. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Policy may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes. Even if you opt out through AdChoices, we may still collect and use non-Personal Information regarding your activities on our Services and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.
Modifying Your Information. You can access and modify the Personal Information and Health Information submitted in connection with a Screening Form by emailing email@example.com. If you want us to delete your Personal Information and Health Information, please contact us at firstname.lastname@example.org with your request. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Responding to Do Not Track Signals
Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.
The Security of Your Information
We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your Personal Information and Health Information) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Links to Other Sites
Your Personal Information and Health Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your Personal Information and Health Information to us, we may transfer your PII and Health Information to the United States and process it there. All Personal Information collected via or by TrialSpark may be stored anywhere in the world, including but not limited to, in the United States, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to TrialSpark, you consent to the storage of your Personal Information in these locations.
EU-U.S. Privacy Shield
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, TrialSpark is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, TrialSpark may be required to disclose personal data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.
Under the Privacy Shield Framework, TrialSpark is responsible for the processing of personal data it receives from the EU and then transfers to a third party acting as an agent on its behalf. We remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such personal data on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
TrialSpark’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, TrialSpark remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless TrialSpark proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, TrialSpark commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union with inquiries or complaints regarding our Privacy Shield policy should first contact TrialSpark at email@example.com.
TrialSpark has further committed to refer unresolved Privacy Shield complaints to EU Data Protection Authorities (DPAs), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact your DPA for more information or to file a complaint.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Rights of Access, Rectification, Erasure, and Restriction
Under Privacy Shield, you may inquire as to whether TrialSpark is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate or has been Processed in violation of the Privacy Shield Principles. Where otherwise permitted by applicable law, you may use any of the methods set out in this Policy to request access to, receive (port), restrict Processing, seek rectification, or request erasure of Personal Information held about you by TrialSpark. Such requests will be processed in line with local laws.
Although TrialSpark makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which TrialSpark is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If TrialSpark determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, TrialSpark will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
TrialSpark retains the Personal Information we receive as described in this Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. We will retain your data for the duration of the trial on active databases. Your data will be de-identified after the duration of the trial.
Redress/Compliance and Accountability
If after reviewing this Policy, you would like to submit a request or you have any questions or privacy concerns, please contact: TrialSpark Support at firstname.lastname@example.org, or at 45 W. 27th St. Floor 4, New York, NY 10001.
TrialSpark will address your concerns and attempt to resolve any privacy issues in a timely manner.
If you are an EU or Swiss citizen and feel that TrialSpark is not abiding by the terms of this Policy, or is not in compliance with the Privacy Shield Principles, please contact TrialSpark at the contact information provided above. TrialSpark will attempt to resolve the matter in a timely manner. If any request remains unresolved, you may contact the national data protection authority for your EU Member State.
Our Policy Toward Children
Our Services are not directed to minors and we do not knowingly collect Personal Information, including Health Information from children under 13 (and in certain jurisdictions under the age of 16). If we learn that we have collected Personal Information or Health Information directly from a child under 13 (and in certain jurisdictions under the age of 16) we will take steps to delete such information from our files as soon as possible.
“Agent” means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, TrialSpark or to which TrialSpark discloses Personal Information for use on its behalf.
“Individual” is an identified or identifiable natural person. An Individual may be an Employee, a current, prospective, or former client, a customer, user, guest or visitor of the Services, or any other natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Employee” refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker or retiree of TrialSpark or its subsidiaries worldwide.
“Personal Information” is any information relating to an Individual, including Internet Protocol addresses, information contained in cookies, and navigational data. This type of information is used for the purposes of gathering data to provide improved administration of our Services, and to improve the quality of your experience when interacting with our Services.
“Privacy Shield” means the seven (7) principles of the Privacy Shield Framework: (1) notice, (2), choice, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access, and (7) recourse, enforcement, and liability. Additionally, it includes the sixteen (16) supplemental principles described in the Privacy Shield: (1) sensitive data, (2) journalistic exceptions, (3) secondary liability, (4) performing due diligence and conducting audits, (5) the role of the data protection authorities, (6) self-certification, (7) verification, (8) access, (9) human resources data, (10) obligatory contracts for onward transfers, (11) dispute resolution and enforcement, (12) choice – timing of opt-out, (13) travel information, (14) pharmaceutical and medical products, (15) public record and publicly available information, and (16) access requests by public authorities.
“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
“Protected Health Information” is a subset of Personal Information and has the meaning set out in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), and in particular at 45 C.F.R. § 160.103, as it may be amended from time to time.
“Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual’s sex life; or (8) information relating to the commission of a criminal offense.
“Third Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, TrialSpark or TrialSpark’s Agents.