Welcome to the Medical or Scientific Inquiry Site (hereinafter “website”) Privacy Notice
Purpose
Within this site, we process your personal information in order to provide a response to your submitted medical inquiry(s) to the Merz Global Medical Information web application.
Further, your personal information might be transferred to subcontractors inside and outside the European Union (“EU”)/European Economic Area (“EEA”) for the purposes described above. All information will be kept confidential and will be handled in accordance with applicable data protection and data transfer regulations.
Please read the Privacy Notice below for more information on how we process personal information within the website.
Privacy Notice
When you provide your personal information to request medical or scientific information, a response to a medical inquiry, or do business with a company/entity of Merz Aesthetics (“Merz”), we know that you trust us to take care of your personal information. Trust is an important Merz value, and we aim to earn your trust not just by providing safe, effective pharmaceuticals and medical devices, but also by responsibly managing your personal information. This Privacy Notice (“Notice”) explains who is responsible for processing and caring for your personal information at Merz as well as details relating to when, where and how we use, protect, store, delete and sometimes transfer your personal information. If you complete the website contact form, the Merz Aesthetics company processes the personal information that is required so you can receive a response to your medical inquiry.
We process your personal information only to the extent necessary to provide you with relevant information related to your medical inquiry.
Who is Responsible for the Processing?
The Merz Aesthetics entity with whom you are engaging is generally responsible for the data processing in the context of Global Medical Information. Depending on your location and inquiry, we may need to transfer the request to another geographical region or department for support.
Merz North America Inc., or the local Merz Aesthetics company you are contacting as well as Merz Aesthetics GmbH, may process your personal information together as "joint controllers" within the meaning of Art. 26 of the General Data Protection Regulation (“GDPR”) or other such applicable regulation. Joint data processing serves the purpose of a more successful and efficient execution of data processing on a global level and on a regional level.
The Merz companies involved participate in an agreement in which the handling of personal information is regulated and the application of respective regulatory requirements is strongly advised. Merz will be happy to provide you with the specifics of such an agreement upon request, insofar as such access is provided to you under local law. Your data subject rights remain unaffected.
What Categories of Personal Information Do We Use and Where Do They Come From?
To provide you with a response to your medical inquiry, we process personal information such as your name, healthcare provider designation, location, contact information, and your medical inquiry. You provide this information voluntarily to receive a response.
For What Purposes and on What Legal Basis is Personal Information Processed?
We process your personal information in adherence with the legal provisions applicable to the respective Merz company. For Merz North America, Inc. this includes current state legislation such as the California Consumer Privacy Act (“CCPA”), California Privacy Rights Act (“CPRA”), Colorado Privacy Act (“CPA”), and Virginia Consumer Data Protection Act (“VCDPA”). For Merz Aesthetics GmbH, this includes, among others, the EU GDPR and the German Federal Data Protection Act (“BDSG”). For Merz companies located in other locations, this includes the legal provisions applicable at the location where the respective Merz company is located.
We process your personal information based on the consent you provide by voluntarily providing the contact and other information related to your medical inquiry.
We also process your data on the basis of legitimate interest of Merz to continue the research and development of medical products and devices, and fulfilment of a response to your medical inquiry.
We have taken appropriate technical and organizational measures to prevent unlawful processing of your personal information and to prevent its loss, destruction, or alteration.
Who Are the Recipients of Personal Information?
Within the Merz Aesthetics group of companies, only those persons who need your personal information in order to fulfil the purposes described will receive your personal information. The processing is carried out by employees who have been entrusted with this task and are obliged to maintain confidentiality so that your interests are adequately safeguarded during data processing.
In order to fulfil our obligations, we only work with service providers who are equally bound to confidentiality and where we have data processing agreements in place for such service providers to consider local, regional, or global regulations.
How Long is Your Data Stored?
We will delete your personal information as soon as it is no longer necessary for the purposes mentioned above. As a general rule, the Merz Aesthetics company you are engaged with and/or Merz Aesthetics GmbH will delete the personal information and records after 5 years.
Otherwise, we will retain your personal information for as long as we are legally obliged to do so. Such proof and retention obligations arise, among other things, according to local tax law and, if applicable, from other local legal requirements.
Is Your Personal Information Transferred to Third Parties?
Merz relies on the support of specialized technical service providers for the technical processing of personal information. In certain cases, Merz works with companies and other entities that have special expertise in specific areas or subject knowledge (e.g., tax auditors, lawyers, and consulting firms). These service providers are carefully selected and are legally and contractually committed to ensuring a high level of data protection. We only pass on personal information to third parties for purposes other than those specified in this Notice if there is a legal obligation to do so or if you have provided your express consent to such disclosure.
What Data Subject Rights Can You Assert?
If you wish to assert the following data subject rights Merz North America, Inc. will serve as the central point of contact for data subjects. This will not limit your right to assert your data subject rights against the other Merz Aesthetics companies involved in the process. It also does not affect your rights vis-à-vis the local Merz Aesthetics company you are engaged with in accordance with the applicable local laws. You are entitled to the following data subject rights:
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You may opt out of sharing of personal information, including data that is shared with a third party.
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You may opt out of the processing of personal information for the purposes of targeted advertising or cross-context behavioural advertising.
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You may have a right to limit the use of sensitive personal information.
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You may request information about which personal information relating to you is being processed.
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You may request the rectification or correction of inaccurate personal information concerning you and, where applicable, the completion of incomplete personal information.
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You have a right to request the erasure or deletion under certain conditions.
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You have a right to restrict the processing under certain conditions.
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You may request the portability of personal information concerning you in a readable electronic format if you have provided it electronically.
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You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal information concerning you carried out on the basis of basic processing rights provided by applicable data protection regulations, including but not limited to, the CPRA, CCPA, CPA, VCDPA, and Article 6(1) (f) of GDPR. Merz will then no longer process your personal information, unless Merz can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
You may withdraw your consent to the processing of personal information at any time vis-à-vis the controller. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. However, in this case your participation in the process might be limited.
To Whom Do You Address Your Questions or Complaints About Data Protection?
You can reach Merz North America Data Privacy at dataprivacy@merz.com and the respective person in charge of data protection related questions of the company with whom you are engaged.