Data Protection Vertanical

Data Protection Information

Data protection information on the processing of personal data within the scope of the participant recruitment for clinical studies

With this data protection information (the "Notice"), Vertanical GmbH (referred to herein as "Vertanical", "we" or "us") provides you with information on the processing of your personal data within the scope of the participant recruitment for clinical trials (herein, the "Trial"). Please note that this Notice is only intended to provide information to potential participants of the Trial. Only U.S. residents may participate in the potential participant recruitment process. If you are not a U.S. resident, do not submit personal data to us.

By providing us with personal data and agreeing with our Declaration of Consent, you acknowledge that you accept the terms, practices, and policies described in this Notice (and as updated from time to time), and you hereby consent that we may collect, use, process, share, retain, and transfer your data as described therein. If you do not agree with our policies and practices, your choice is to not provide us with data and decline to participate in any pre-screenings or trials.

We may update or change this Notice from time to time. We will notify you of any material changes. Your continued participation and interaction with us for the purposes of participant recruitment after this notice is provided constitutes your acceptance of the updated Notice.

1.     About us

Vertanical GmbH (registered office: Am Haag 14, 82166 Gräfelfing, Germany, e-mail: recruiting.clbp-003@futrue.com) is responsible for the processing of personal data in the context of the recruitment of Trial participants and the selection and verification of the suitability of Trial participants.

For any questions relating to the selection process for the Trial, please e-mail: recruiting.clbp-003@futrue.com.

For any questions relating to this Notice, data protection or to exercise your rights set out in section (4) or section (9) below, please use the details in section (2) below.

2.     Questions about data protection

If you have any questions about the data protection information in this Notice or our processing of your personal data relating to the Trial or to exercise your rights within section (4) or section (9) below, you can contact our data protection officer:

SPIRIT LEGAL Fuhrmann Hense Partnership of Lawyers
Lawyer and our data protection officer: Peter Hense

Postal address:

Data Protection Officer, c/o Vertanical GmbH,
Am Haag 14, 82166 Gräfelfing, Germany

Email: peter.hense@spiritlegal.com

Encrypted online form: https://www.spiritlegal.com/de/datenschutzbeauftragter-anfragen.html

3.     Categories of personal data

We process the following categories of personal data that we have received from you:

• General personal data: title, first and last name, place of residence, e-mail address, telephone number, age, professional activity, information about availability, the nature of any questions you may have or other contextual information you provide.

• Health data: information on the intensity, nature, and location of pain, medication, non-drug therapies, other illnesses, desire for children, data from possible examinations or results from conventional medical diagnostics, willingness to participate in the Trial, other health information that you provide in response to questions, and other health data that may be collected as relevant to the Trial. For the purposes of applicable data protection laws, this is considered "special category data".

4.     Purposes of the processing of your personal data

Your general personal data and health data shall be processed for the following purposes:

• assessing your suitability for participation in the Trial and inclusion in the participant database;

• contacting you to discuss the information you have provided and discuss further questions; and

• providing your personal data to trial sites in relation to the Trial.

All of your personal data is provided to us voluntarily and with your consent. The processing of your personal data is necessary for the examination of your suitability for participation in the Trial.

Without your consent, you cannot participate in the Trial. You can revoke your consent at any time by sending us a message (see contact details in the section 2 "Questions about data protection"). The lawfulness of the processing remains unaffected until the revocation is exercised.

5.     Automated decision making

No automated decision making is used in respect of your personal data.

6.     Categories of recipients of your personal data

In the course of recruiting Trial participants, we use the following processors:

FUTRUE Group Services GmbH, Am Haag 14, 82166 Gräfelfing, Germany

7.     Transfer of personal data to a third country

§  Personal data about you is transferred, processed, and accessed by us in the United States, or another country where we or our service providers operate. Please be aware your personal data may be transferred to, and maintained on, computers located outside of your state or country where privacy laws may differ from and may not be as protective as those where you live.

8.     Storage

We store your personal data for as long as it is required in connection with the above purposes and as long as you have not revoked your consent. If the personal data is no longer required for the purposes above we will delete your data. If we receive the revocation of your consent, we will delete your personal data unless we have an alternative legal basis for processing under applicable data protection law, such as if it is necessary to retain your personal data to comply with other legal obligations.

If we do intend to process your personal data for purposes other than those indicated above, we will provide you with further information on this additional processing where possible.

9.     Your rights

Certain states in the U.S., including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights related to their personal data. Although some of these rights apply generally, certain rights will only apply to limited individuals or circumstances. To the extent that these laws apply, you may exercise the following rights:

• Right to Know and Access: Note that much of the information you are entitled to know or access is disclosed in this Notice. With this said, you have the right to know about our information practices. You also have the right to access the categories of personal data we collect, with whom we share or sell that information, and, in some cases, what specific personal data we associate with you or your account.

• Right to Data Portability: If you request a copy of your specific personal data then we will provide it in an easily accessible format where required by law.

• Right to Deletion or Erasure: You may request that we delete the information we have collected about you. Depending on the applicable law, in some cases we are required or permitted to retain your information, even if you validly requested we delete or erase it.

• Right to Correct Information: You may request we correct or rectify inaccurate personal data we have collected about you.

• Right to Opt out of Targeting Advertising, Sales, or Profiling: You may opt-out of our use of your personal data for targeted advertising, sales, or profiling in furtherance of decisions that produce legal or similarly significant effects. Please note that we do not use information collected about you for these purposes.

To exercise any of your privacy rights, please contact us at the information provided within this Notice. Only you or your authorized agent may make requests regarding your personal data. An authorized agent must have documentation that they are authorized to act on your behalf. We will fulfill or reject your request within the amount of time required by law.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Appeal: If we deny your rights request, you have the right to request an appeal of our decision. To initiate an appeal, follow the instructions provided in the communication denying your request, or contact us at the information provided in this Notice.

Non-Discrimination: You have the right to not experience discrimination from us for exercising the rights listed in this section. However, limiting use of, or deleting, your personal data may restrict the purposes or uses that rely on that personal data.

You can exercise any of your rights by notifying the contact details listed in the "Questions about data protection" section (2) above.

10.  Security

When handling personal data, we utilize administrative, technical, and physical safeguards designed to protect information from unauthorized access, disclosure, alteration, or loss.

11.  Supplemental Notice for Residents of Washington and Nevada – Consumer Health Privacy Notice

This Supplemental Notice for Residents of Washington & Nevada - Consumer Health Data Privacy Notice supplements the information in this Notice. It applies solely to Washington and Nevada consumers who interact with us in an individual or household capacity and applies only to personal data defined as “consumer health data” under the law.

Depending on your interactions with us, we collect consumer health data including height and weight, Body Mass Index, age, lower back pain, pain levels, medications, trauma history, medical history, diagnoses, pregnancy status, and drug usage history. This consumer health data is collected from you with your consent.

We use this consumer health data to determine your eligibility to participate in our studies. In addition to the ways listed within the Notice, we may share the consumer health data as described in our Notice. 

If you are a resident of Washington or Nevada, you may have the right to:

• request access to your consumer health data;

• confirm whether we have disclosed or sold your consumer health data;

• delete your consumer health data;

• withdraw your consent or authorization relating to such data; or

• appeal a decision we have made on your request under this section.