Healthcare Professional Privacy Notice

This privacy notice is intended for healthcare professionals and other experts who work with Smith+Nephew. This privacy notice may be supplemented by other privacy information, for example in agreements we have with you. Where applicable local laws give you additional rights in respect of your personal information, we will apply those additional rights.

At Smith+Nephew we care about your privacy and understand that trust is paramount when handling your personal information. This Privacy Notice explains our practices relating to the processing of personal information. When we refer to ‘Smith+Nephew’, ‘S+N’, ‘we’, ‘us’ and ‘our’ we are referring to the Smith+Nephew group of companies.

Personal information means any information or piece of information which could identify you either directly (e.g. your name) or indirectly (e.g. a unique ID number).

1. Who is the controller of your personal information?

The Smith+Nephew entity which has a relationship with you is the controller of your personal information.

2. Contact information and your privacy point of contact

If you want to exercise your rights, have any questions about this privacy notice, need more information or would like to raise a concern, please contact privacyenquiries@smith-nephew.com or contact us via our speak up line here.

3. What personal information or categories of information do we collect about you?

The personal information we collect and process may include:

(a) Basic Information: Such as your name, surname (including prefix or title), alias, gender, age, or date of birth, as well as your preferred language.

(b) Contact Information: Information that enables us to contact you, such as your personal or business email, mailing address, telephone number, organisation, country, name, job title and your profile on a social media platform.

(c) Professional information and experience: Information related to your qualifications, areas of expertise, CVs, place of practice, professional registration number/NPI/License. ID/medical practitioner number, publications, awards, references, completed training, signature and your interests (such as any specific health care topics about which you request information from Smith+Nephew).

(d) Technical and Network Activity Information: Information such as your device and your usage of our websites, apps and systems, including your IP address, device ID, hardware model and version, mobile network information, operating system and other online identifiers, type of browser, browsing history, search history, access time, pages viewed, URLs clicked on, forms submitted, physical location, marketing preferences and user interaction.

(e) Financial Information: Such as your bank details, including account name, account number, sort code, creditworthiness, VAT number, credit card information, product purchase information history.

(f) Product Use/General Healthcare Insights:

• Data related to your use of our products or competitor products, including feedback.




• Your purchase history and preferences.




• Your interactions with us.




• Your preferred method of communication with us.




• Services and sources of information you may use.




• Your insights including views, opinions, challenges and data related to your field of specialty.

(g) Audio-Visual:

• Photos, videos (including live streaming), and voice recordings of you.

(h) Additional Information: Such as food restrictions, passport information, national ID number, passport and driving licence number and frequent flyer information for travel bookings, social security number (where required by law), (emergency) contact persons, family information (where applicable and in accordance with local law).

(i) Conflicts Information: Such as circumstances which may create a conflict of interest.

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 the services that you have requested. If you do not wish to give us personal information but we are required by applicable law or regulation to obtain your information, we will confirm this requirement to you.

4. How do we collect your personal information?

Directly from you when you:

• Create an account on any Smith+Nephew website, app or system.




• Share or use your social media profile to contact Smith+Nephew or engage with Smith+Nephew content on social media platforms.




• Sign up with us to receive marketing material.




• Visit our website or engage with online content or events on our website or licensed third party platforms.




• Engage with one of our sales representatives, or call centres.




• Submit any online or offline forms (e.g. to order product samples or respond to surveys).




• Share adverse events or medical information enquiries with us; and/or




• Attend offline meetings, such as advisory boards or conferences.




• Work with our clinical research team on S+N sponsored or investigator sponsored clinical research activities.

From other sources:

• Organisations delivering information services within the healthcare domain, including but not limited to IQVIA.




• Publicly available repositories or sources of information.




• Providers of marketing services.




• Individuals under your care who have explicitly designated you as their healthcare provider.




• Associations representing patient interests.




• Agencies specialising in event management.




• Entities facilitating travel arrangements.




• Professional networking platforms, such as LinkedIn or other social media platforms.




• Instances where our products are referenced in online discussion, such as when mentioning a Smith+Nephew product in a social media post.




• Government agencies or similar organisations who hold your information on file.

We may combine information about you from various sources, including the information you provide to us and personal information, which is collected during your relationship with us.

5. How do we use your personal information?

We use your personal information for the purposes described below.

(a) To manage our relationship with you.

We will use your personal information to:

• Provide our products and services and interact with you.




• Provide and manage access to online services such as webcasts, job opportunities, educational programmes, news, testimonials, and financial updates.




• To validate your professional registration.




• Help with any questions or requests you have about our products, services, online services or other matters.




• Provide you with information when you request it or when we believe our products and services may be of interest to you. If we intend to share electronic marketing with you, we will ask for your consent where required and you can opt out at any time.




• Invite you to provide feedback, participate in research, surveys or attend events.




• Personalise your experience with Smith+Nephew to make it better for you by understanding your preferences and how we communicate with you.




• Provide personalised content and recommendations for you in the context of Medical Education.




• Report any issues with our products e.g. potential side effects from our products to ensure they're safe.




• Engage with you on initiatives/activities such as for publication purposes.




• Obtain updates on S+N sponsored or investigator sponsored clinical research activities in which you are participating.

(b) To manage and improve our processes and our business operations.

We will use your personal information to:

• Manage our network and information systems security.




• Respond to reports you make of a possible side effect associated with one of our products and to monitor the safety of our products.




• Respond to customer or government agency requests or requirements.




• Keep records related to our relationship with you.




• Perform data analyses, auditing and research to help us deliver and improve our digital platforms, content and services.




• Monitor and analyse trends, usage and activities in connection with our products and services and use this data to make improvements.




• Prepare and perform management reporting and analysis, including analytics and metrics.

(c) To achieve other purposes.

We will use your personal information:

• To follow or comply with applicable laws and regulations.




• To respond to requests from customers and competent public authorities.




• To tell you about changes to our terms, conditions and policies.




• In connection with potential, threatened or actual disputes or litigation.




• To investigate and take action against illegal or harmful behaviour of users.




• To protect Smith+Nephew, your vital interests, or those of another person.




• To gain insights and feedback on our products and services in order to correct or improve them, by analysing information from external sources such as LinkedIn.




• When we sell, assign or transfer all or part of our business.




• We may use the data you share with us to make decisions about your interests and preferences so we can make the marketing materials we send you more relevant. We may also combine the information we hold about you with data about your interests or demographics that third parties have collected from you online and offline, to make your experience more personalised and further tailor our marketing materials. You have certain rights in relation to this –please see 'What are your rights regarding your personal information?' below for further information.

6. Why are we allowed to collect and use your personal information?

• To take steps before entering into a contract or perform a contract;




• To follow the law, for example:

  • Providing information to customers and government agencies or similar organisations in order to comply or demonstrate compliance with legal or regulatory obligations.

  
  

  • To comply with our record-keeping, regulatory monitoring and reporting obligations, including those related to adverse events, product complaints and product safety.

  
  

  • Complying with anti-corruption and transparency obligations and other applicable laws or regulations.




• You have specifically given us your consent. We may need your consent in the following circumstances:

  • Placing cookies on your device to find out how you use our websites so we can personalise what you see by tailoring content and notifications to the things you are interested in.

  
  

  • Certain situations where you share sensitive information about yourself, such as your health.

  
  

  • Before we send you certain electronic marketing communications.




• We need to use your personal information for legitimate business purposes, for example, to enable us to run our business successfully. These include:

  • Conducting audits and internal investigations and complying with internal policies on anti-bribery and conflict of interest.

  
  

  • Managing our IT and communications systems and networks.

  
  

  • Planning and improving our business activities including without limitation in relation to research and development, educational, clinical and other commercial activities.

  
  

  • Conducting training and gathering feedback.

  
  

  • Protecting our rights, privacy, safety or property, and/or that of our affiliates, you or others.

  
  

  • Communicating with, and managing our relationship with you.

  
  

  • Verifying your eligibility to access certain products, services and data that may be provided only to licensed healthcare professionals or otherwise conducting verification, due diligence and/or background checks to ensure we are not precluded from working with you.

  
  

  • Analysing or predicting your preferences to identify aggregated trends to develop, improve or modify our products, services and business activities.

  
  

  • Creating and maintaining a database in order to identify and engage with you based on your professional expertise and opinions, and where applicable, our past interactions.

  
  

  • For the establishment, exercise or defence of legal claims or proceedings or any dispute or potential litigation.

  
  

  • To protect your vital interests or those of others.

  
  

  • Because it is necessary for reasons of substantial public interest, on the basis of applicable laws and regulations.




• For the establishment, exercise or defence of legal claims or proceedings or any dispute or potential litigation.




• To protect your vital interests or those of others.




• Because it is necessary for reasons of substantial public interest, on the basis of applicable laws and regulations.

7. How do we protect your personal information?

• We make sure your personal information is treated with the utmost care and in accordance with our policies and procedures and we take appropriate steps to protect it.




• We use a variety of security measures and technologies to help protect your personal information and regularly monitor these for possible vulnerabilities and attacks.




• We carefully choose service providers to work with, and check they have security measures and technologies in place to protect your personal information.




• We do not not sell your personal information.

8. What are your rights regarding your personal information?

Local privacy laws may give you rights with respect to your personal information, as described in more detail below. You may exercise your rights by contacting us. We will handle any request to exercise your rights in accordance with applicable law, but please note that these rights only arise in certain circumstances and may not be absolute. Depending on our reason for processing your personal information and to the extent the local law in your jurisdiction grants the applicable rights to you, you may be entitled to:

• Withdraw your consent to us processing your personal information.




• Ask us about the processing of your personal information including to be provided with copies of your personal information.




• Ask us to correct information you think is inaccurate or incomplete.




• Ask us to delete your personal information.




• Ask us to restrict the processing of your personal information.




• Object to our processing of your personal information.




• Ask that we transfer personal information you have given us from one organisation to another, or to give it to you.




• Appeal the response received related to your rights request where you deem it inadequate or insufficient; and




• Complain to your local data protection authority.

Where we have relied upon your consent to use your personal information, and you later withdraw that consent, we may not be able to complete some of the activities described in ‘How do we use your personal information’. Please also note that under certain local laws and applicable regulations, there are situations within which the right to withdraw your consent will not apply.

9. How long do we keep your personal information?

• In some jurisdictions, we are legally required to keep your personal information for a certain period. How long depends on the specific legal requirements of the relevant jurisdiction. Otherwise, we’ll only keep it for as long as is necessary for the purpose for which it was collected.




• At the end of the retention period, your personal information will either be deleted completely or deidentified, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.

10. With whom do we share your personal information?

• The personal information Smith+Nephew collects about you may be shared with companies or agents working on our behalf to assist in fulfilling business needs. Smith+Nephew may also share your personal information with teams in the Smith+Nephew group of companies who need the personal information in order to perform their business activities.




• We may also share your personal information with other third parties, for example:

  • Event agencies.

  
  

  • Marketing agencies.

  
  

  • Technology suppliers who work with us to develop and improve our websites, digital forums and apps.

  
  

  • Media services providers who work with us.

  
  

  • Healthcare service providers who work with us.

  
  

  • Regulators, courts, governments and law enforcement authorities; and

  
  

  • Professional advisors, such as auditors, accountants and lawyers.

  
  

  • Your employer upon request in order for it to comply with any reporting requirements on training provided to its employees as may be applicable in specific cases.

11. In what instances do we transfer your personal information outside of your home country?

• Because of the international nature of our business, we may transfer your personal information within the Smith+Nephew group or to third parties located outside of your jurisdiction. Such countries may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

Additional information if you are in the European Economic Area (EEA), UK or Switzerland

• Competent authorities in the EEA, UK and Switzerland recognise that data protection laws in certain countries outside those jurisdictions provide a similar level of data protection standards. Where we transfer your personal information to countries not recognised by those authorities, we have procedures in place to ensure your personal information receives the same protection as if it were being processed in the EEA, UK or Switzerland. For example, our contracts with third parties who would have access to your personal information stipulate the standards they must follow in respect of your personal information.




• Any transfer of your personal information will follow applicable laws and we will treat the information under the guiding principles of this Privacy Notice.

12. Cookies, Website and Application Data; Use for Analytics and Marketing

• Our websites may use cookies and similar technologies. You can choose to accept or decline cookies. If you choose to decline cookies, not all elements of our websites, apps and services may function as intended, so your experience may be affected.




• To the extent that your local laws consider the information collected by cookies and other technologies as personal information, we will treat that information to the standards set out in this privacy notice.




• For more information on our use of cookies, please refer to our Cookie Policy. This policy explains what cookies and similar technologies are, and how we use them.




• We collect information about your computer browser type and operating system, websites you visited before and after visiting our websites, standard server log information, Internet Protocol (IP) addresses, location data, mobile phone service provider, and mobile phone operating system. We use this information to understand how our visitors use our websites and mobile applications so that we can improve them, the services we offer, and our advertising. We may also share this information with other companies within the Smith+Nephew group of companies and with other third parties.




• Some of our websites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to analyse use patterns and may collect information about your use of the website, including your IP address. More information on Google Analytics can be found here. If you would like to opt-out of having your data used by Google Analytics, you can opt out here.