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Terms & conditions for use of the PMCPA website

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE  

Last Updated: March 2019 

We recommend that you print a copy of these terms for future reference. These terms set out how this website should be used.

WHO WE ARE AND HOW TO CONTACT US  

www.pmcpa.org.uk is a site operated by the Prescription Medicines Code of Practice Authority ("We"), a division of The Association of the British Pharmaceutical Industry ("ABPI"). ABPI is registered in England and Wales under company number 09836787 and has its registered office at 7thFloor, Southside, 105 Victoria Street, London SW1E 6QT. 

To contact PMCPA, please email info@pmcpa.org.uk or call 0207 7478880

BY USING THIS WEBSITE YOU ACCEPT THESE TERMS  

By using this website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use the website.

You are permitted to use this website in accordance with these terms of use. If you are in breach of these terms of use, then we may take all or any of the following actions: (i)immediate, temporary or permanent withdrawal of your right to use our site; (ii) issue a warning to you; (iii) legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach; (iv) further legal action against you; (v)disclosure of such information to law enforcement authorities if we consider that this is necessary or required by law. We may take any other action we reasonably deem appropriate.

This website is for users within the United Kingdom.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU  

These terms of use refer to the following additional terms, which also apply to your use of this website:

  • Our Privacy Policy please see the PMCPA Privacy Policy below, and Silversands' Privacy Policy https://www.silversands.co.uk/privacy-policy/, which set out the terms on which we process any personal data we collect from you, or that you provide to us. By using this website, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy  and Silversands' policies https://www.silversands.co.uk/legal/, set out information about the cookies on this website.

    Cookies are small data files transferred to your computer’s hard drive through your web browser to enable our systems to recognise your browser and to provide us with details of how our website is used.

    A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

    You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

    The cookies used on this website and the reasons why are set out below:

    Name of Cookie

    Purpose

    Googletracking

    The Google Analytics JavaScript libraries use HTTP Cookies to "remember" what a user has done on previous pages / interactions with the website in order that a user can benefit from the full functionality of the website.

    This cookie allows us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

    cookieconsent_status

    This cookie stores the status of the cookie consent message that appears when you first use this website.

    ARRAffinity
    WAWebSiteSID
    UaaSSecurity
    ASP.NET_SessionId
    - .NET RequestVerificationToken

    These are site session cookies and allow the ABPI to register the way that a user interacts with the website.

    These cookies allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

     

    WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

    This Cookie Policy, its subject matter and their formation, is governed by English law including any non-contractual disputes or claims. It is agreed that the courts of England and Wales will have exclusive jurisdiction over any such disputes

WE MAY MAKE CHANGES TO THESE TERMS  

We amend these terms from time to time. Every time you wish to use this website, please check these terms to ensure you understand the terms that apply at that time. 

WE MAY MAKE CHANGES TO THIS WEBSITE  

We may update and change this website from time to time.

WE MAY SUSPEND OR WITHDRAW THIS WEBSITE  

This website is made available free of charge.

We do not guarantee that this website, or any content on it, will always be available or will be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of this website for business or operational reasons.

You are also responsible for ensuring that all persons who access this website through your internet connection and/or using your password(s) are aware of these terms of use and other applicable terms and conditions, and that they comply with them. You are liable for all use of the website using your internet connection and/or your password(s). If you are using this website for the purpose of registration to attend an event, please be aware that anyone using your password to make the registration will be deemed to have done so on your behalf and you will be fully liable for their use of the website as if they were you.

If you are provided with a user identification code, password or any other piece of information as part of the security procedures you must treat such information as confidential and not disclose it to a third party. We reserve the right to disable any user identification code or password whether chosen by you or us, at any time, at our sole discretion.

HOW YOU MAY USE MATERIAL ON THIS WEBSITE  

We are the owner or the licensee of all intellectual property rights in this website, and in the material published on it, including all text, data, graphics, designs and their arrangement on this website. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print copies, and may download extracts, of any page(s) from this website and you may draw the attention of others within your organisation to content posted on this website.

You must not modify the content of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy or download any part of this website in breach of these Terms of Use, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE  

The content on this website is provided for general information only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this website.

Although we make reasonable efforts to update the information on this website, we make no representations, warranties or guarantees, whether express or implied, that the content on this website is accurate, complete or up to date.

ACCEPTABLE USE OF THIS WEBSITE

This website may only be used for lawful purposes. The website must not be used:

  • In any way that breaches any applicable local, national or international, law or regulation;
  • In any way that is unlawful, fraudulent or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm minors in any way;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  • To transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
  • To transmit any harmful programs or similar computer code designed to adversely affect the operation of any computer hardware or software in a malicious or technologically harmful way.  

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of this website contrary to the provisions of these terms of use;
  • Not to access without authority, interfere with, damage or disrupt: (i) any part of the website; (ii) any equipment or network on which the website is stored; (iii) any software used in the provision of the website; (iv) or any equipment or network or software owned or used by any third party;
  • Misuse your identity or status or employer's name.

In the event that any action (or omission) is taken (or not taken) that is contrary to lawful use of the website we will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of any such breach, your right to use this website will cease immediately.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

Unless indicated otherwise, where this website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information that you may obtain from them.

Unless indicated otherwise, we have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to this website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, this website; or
  • use of or reliance on any content displayed on this website.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, then provided that it can be demonstrated that our content directly caused the damage, we will either repair the damage or pay you compensation unless you failed to take reasonable measures that could have prevented the damage or loss from having arisen.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

We do not guarantee that this website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access this website. You should use your own virus protection software.

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.

RULES ABOUT LINKING TO THIS WEBSITE 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to this website in any website that is not owned by you.

This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with our Acceptable Use policy set out in these Terms of Use.

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?  

These terms of use, their subject matter and their formation, are governed by English law including any non-contractual disputes or claims. It is agreed that the courts of England and Wales will have exclusive jurisdiction over any such disputes.

March 2019


If you sign up to receive eAlerts from this site 

PMCPA e-Alerts are automatically generated emails sent from the PMCPA website when new content is added. To receive emails with details of the latest information published on this website please sign up through the box at top of the home page.

We use your contact details for the purpose of sending updates from the PMCPA website.

If you choose to hear from us, we may send you information about activities that may be of interest to you. This might be about our work, including published cases, updated guidance, government or industry initiatives, events, membership or other matters.

We will only send these to you if you agree to receive them. If you choose to receive this information, you can change your mind at any time. In all communications you will be provided with a link to unsubscribe.

If you choose not to receive these communications, you may not hear about events of other work that we do that may be of interest to you.

When we send you email communications we use technology that enables us to track who opens particular emails This helps us to understand which issues are of most interest and helps us to ensure that you continue to receive useful information.

When we send communications to you, we rely on your consent to do so.

The PMCPA uses a third party to deliver eAlerts, for more information, please see Silversands' privacy policy here: https://www.silversands.co.uk/privacy-policy/.

For more information about e-Alerts, please contact the PMCPA on 020 7747 8880. 


PMCPA Privacy Policy 

The privacy and security of your personal information is very important to the PMCPA. This policy explains how and why the PMCPA uses your personal data and explains your privacy rights under data protection law. For the purposes of data protection law, the PMCPA is the "data controller".

This privacy policy is effective as of February 2019. We review our privacy practices on an ongoing basis, and as such we may change this privacy policy from time to time. If we make any significant, material changes, we will provide clear notice of the update on the homepage of our website. Please check this policy frequently to ensure that you are familiar with it. It is also important that the personal data that we hold about you is accurate and current. Please keep us informed if any of your personal data changes during your relationship with us.

Links to Other Websites, Plug-Ins and Applications

This website may include links to third party websites, plug-ins and applications. Clicking on those links, enabling those communications may allow third parties to collect or share data about you. We do not control those third party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website that you visit. 

Other Policies that May Apply to You

This privacy policy does not apply to employees or other representatives of the PMCPA, or to those who are applying for engagements with the PMCPA.

This policy does not apply to personal data held by the PMCPA pursuant to investigation of a complaint received under the ABPI Code. For more information in this regard, please contact the PMCPA directly at the address set out below. 

This policy only applies to personal data held by the PMCPA pursuant to use of the website www.pmcpa.org.uk and subscription to PMCPA email alerts.

Who Are We?

In this policy when you see the words, "we", "us, "our" or "PMCPA", it refers to the Prescription Medicines Code of Practice Authority.

The PMCPA is a division of the Association of the British Pharmaceutical Industry ("ABPI"), which is a company limited by guarantee and registered in England and Wales, No. 09826787, with its registered office at 7th Floor, Southside, Victoria Street SW1E 6QT.

The PMCPA operates the Code of Practice for the Pharmaceutical Industry (the "Code") independently from the ABPI.

If you have any questions in relation to this privacy policy or how we use your personal data please email info@pmcpa.org.uk or telephone 0207 7478880.

What is Personal Data & Purpose of this Notice

In this policy the words, "personal data" means any information that identifies you, for example, your name, address, telephone number, email address.

This privacy policy gives you information about how we collect and process your personal data, including through this website as well as any information that you provide when you sign up to receive a newsletter or work with PMCPA in relation to any activity, project or initiative.

What Personal Data Does the PMCPA Collect?

The PMCPA will collect, use, store and transfer the following different kinds of personal data about you:

  • Your full name, including your title;
  • Your email address;
  • Attitudes, opinions, feedback;
  • Communication preferences.
  • Technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, as well as browser plug-in type and versions, operating system and platform and if you access our website via your mobile;
  • information about your visit, including but not limited to the clicks used to navigate to, through and from our website (including date and time), items that you viewed or searched for, page response times, download errors, length of visit to certain pages, page interaction information (such as but not limited to scrolling, clicks and mouse-overs), methods used to browse away from the page, any phone number used to contact us;
  • The terms that you use to search our website.

How is Your Personal Data Collected?

Your personal data is collected in a number of different ways including when/You give us your personal data when:

  • Completing a form on our website:
  • Subscribing to receive newsletters and updates.
  • You interact with our website as we may collect technical information about your equipment, browsing. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.
  • We may also receive personal information about you in the following ways:

How We Use Your Personal Data

Your personal data will be saved by and may be viewed by PMCPA employees, contractors and representatives.

We will only use your personal data on relevant lawful grounds as set out in the Data Protection Act 2018, We explain how we rely on these lawful grounds below.

Personal data provided to the PMCPA will only be used for the purpose or purposes outlined in this privacy policy or in any privacy notice sent to you and where applicable in accordance with any preferences that you express. If asked by any police, regulatory or government authority we may need to provide your personal data to these agencies.

The PMCPA does not sell your personal data and we only share it with the organisations that we work with when necessary.

eLearning Module for Health Professionals

This module has been temporarily removed from the site while it is updated.

If you decide to use the online learning resource on the PMCPA website, PMCPA does not retain any personal information during your use of the learning platform.

All users are asked to complete a feedback form when they have completed the assessment within the E-Learning. If you decide to complete the feedback form, then PMCPA will retain your contact details, as well as the opinions that you express and the feedback that you provide. The PMCPA considers that retaining this information is necessary in the PMCPA's legitimate interest for the purpose of improving and developing the PMCPA's online learning platform.

To respond to a question raised through www.pmcpa.org.uk

When you contact the PMCPA using a form on the website your contact information will be retained by the PMCPA. We consider that this is necessary for our legitimate interests in order that we can communicate with you in relation to the matter raised by you and track our response to you.

Disclosures of Your Personal Data

If asked by any police, regulatory or government authority we may need to provide your personal data to these agencies in order to comply with our legal obligations and to pursue our legitimate interests in engaging with and responding to governmental, regulatory and public bodies.

The PMCPA does not sell personal data to third parties.

We do not transfer your personal data outside of the European Economic Area.

Data Security

The PMCPA has put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents and contractors and representatives who have a business need to know it. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and the relevant regulatory authority of a breach where we are legally required to do so.

For How Long Will Your Personal Data be Retained?

The PMCPA will only retain your personal data for so long as is necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.

Details of retention periods for different aspects of your personal data are available in the PMCPA's retention policy and you can request this from us by contacting us using the Get in Touch form available on the PMCPA's website: www.pmcpa.org.uk

Your Legal Rights

Under certain circumstances, you have the rights set out below under data protection laws in relation to your personal data:

  • Access to Personal Information – You have a right to obtain access to the personal information that we hold about you.
  • Change Inaccurate Information – You have a right to ask us to correct inaccurate personal information and to update incomplete personal information.
  • Request to Delete Your Information – You have a right to request that we delete your personal information if you believe that we no longer need your information for the purposes for which it was provided; or we are not using your information in a lawful manner; or we have requested your permission to process your personal information and you wish to withdraw your consent. Please note that if you request us to delete your information, we may have to stop engaging with you.
  • Request to Restrict the Processing of Your Information – You have a right to request that we restrict the processing of your personal data if you believe that any of the information that we hold about you is inaccurate; we no longer need your information for the purposes for which it was provided but you require the information to establish, exercise or defend legal claims; or we are not using your information in a lawful manner. Please note that if you request us to stop or restrict the processing of your information, we may have to stop engaging with you.
  • Request Your Personal Data in a Portable Format – You may have the right to ask us to provide your personal information in a portable format.
  • Object to the Processing of your Personal Information – You have a right to object to the processing of your personal information unless we can demonstrate compelling and legitimate grounds for the processing. Please note that if you object to the processing of your information, we may have to stop engaging with you.
  • Object to Direct Marketing – You have a right to object to use of your personal information for direct marketing purposes.
  • Withdraw Consent – Where we rely on your permission to process your personal information, you have a right to withdraw your consent at any time. Please note that if you withdraw your consent, we may have to stop engaging with you.
  • To Complain - You have the right to make a complaint at any time to the Information Commissioner's Office, the UK regulatory authority responsible for data protection issues. If you are based outside the UK, you can contact your national regulator. We would appreciate the opportunity to resolve any concerns before you approach the Information Commissioner (or your local regulator if outside the UK) and therefore, wherever possible, we request that you contact the PMCPA in the first instance. 

If you wish to exercise any of the rights set out above or have any questions in relation to this Privacy Policy, please use the Contact Us form on this website. 

We may need specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). We may also contact you to ask you for further information in relation to your request.

We will try to respond to your request within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case we will provide you with updates.

Last Update: February 2019.