Privacy Notice Effective Date: April 2020
Baxter is the Data Controller
This Privacy Notice (“Notice”) will provide you with information on the data processing activities of Baxter Healthcare Corporation located at One Baxter Parkway, Deerfield, Illinois 60015, together with its affiliates and subsidiaries (collectively “Baxter,” “we,”, “us”). This Notice applies to registered healthcare professional and other authorized users (“users,” “you”) of Baxter’s iCare Portal, and describes what personal data is collected about you when you use and/or interact with the iCare Portal.
The iCare Portal allows users to search and download available content and submit medical information queries (collectively, “Requests”) to Baxter. This Privacy Notice provides you with information on how Baxter will process your Personal Data and how you can exercise your rights regarding your personal data.
What Personal Data we Collect
We may obtain the following categories of personal data about you:
- Contact information, including name, address, phone number, and email address
- Information regarding your title and your profession, including your place of employment and/or affiliation
- Username and password used to access the iCare Portal
- Information regarding a user’s session, including user ID, date registered, last login date and time, language selection, and any downloaded content and a corresponding time stamp
- Other information derived from cookies and other similar technologies
- Other information you may submit via the iCare Portal in connection with your Requests
How we Process Your Personal Data
We will process your personal data for the following purposes:
- To provide you with the iCare Portal and related services
- To support your user account and assist with registration
- To respond to your Requests
- To enable you to search our database about the products available in the country you are located in
- To track your usage of the iCare Portal
Baxter will process your personal data because it is necessary for our legitimate interests in order to effectively validate and provide you with access to your user account, to respond to your Requests, and provide you with the services.
Who at Baxter may Receive your Personal Data
Your personal data may be accessed by Baxter employees around the globe who support the iCare Portal. For example, Baxter employees belonging to the Medical Information and Medical Affairs teams may access to your personal data in connection with responding to Requests. Other Baxter employees serving as iCare Portal administrators may also access your personal data in connection with your user account.
Sharing your Personal Data with our Service Providers
Baxter uses service providers and other business partners to help us process your personal data. Specifically, Baxter utilizes a service provider named Anju Software, located in the United States, to support the administration, hosting and functionality of the iCare Portal. Baxter also utilizes service providers to authenticate your user account, and to host the iCare Portal. Baxter has data processing agreements in place with its service providers to ensure they provide an adequate level of protection for your personal data. Service providers are only authorized to use your personal data only as necessary to provide these services to us.
How Long we Keep your Personal Data
We will keep your personal data as long as your user account exists. Please note that you may delete your user account at any time by accessing your user profile in the “My Profile” tab and then selecting the “Personal Data” tab.
We have reasonable and appropriate security measures in place to protect against the loss, misuse, and alteration of any personal data we receive. We maintain reasonable security standards to protect personal data that we maintain. If you have any questions about the security of your personal data, you can contact us by using the other contact details in the “How to contact us” section below.
Do Not Track
Certain laws require Baxter to indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. As of the effective date of this Privacy Statement, an industry standard has not yet been established on how to respond to these signals, and therefore Baxter does not currently respond to such signals. Instead, we adhere to the standards set out in this Privacy Statement. If you have any questions, please contact us using the information provided below.
International Data Transfers
Some of the individuals and entities who will receive your personal data may be located both within and outside of the European Union, including in countries that have less adequate protections, safeguards and rules to protect personal data and where you may not have the same rights to your data that you do in your own country. Baxter is a global company and therefore uses global vendors and subcontractors as well as global IT systems and applications. As a result, your personal data may be transferred to our global affiliates and to our employees and contractors who work for us and are located outside the EU/EEA, such as in the United States (the list of Baxter Group entities and the places of their establishment is set out at https://www.baxter.com/location-selector), for the purposes described in this Notice. These countries may have less strict data protection laws compared to your country. If this is the case, we will take legally required steps under the General Data Protection Regulation (“GDPR”) to ensure that adequate safeguards are in place (e.g., standard contractual clauses or Privacy Shield certification) to protect your personal data. You may contact us for a copy of the safeguards which we have put in place to protect your personal data and privacy rights when your personal data is transferred outside the EU/EEA.
Baxter International Inc. and its subsidiary Baxter Healthcare Corporation, participate in and have certified their compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively “the Privacy Shield Frameworks” or the “Frameworks”). Baxter International Inc. and Baxter Healthcare Corporation are committed to processing all personal data they receive in the United States from EU member countries, the United Kingdom (after December 31, 2020), and Switzerland in reliance on the Privacy Shield Frameworks, in accordance with the Frameworks’ applicable Principles. Please review Baxter’s Global Privacy Statement at https://www.baxter.com/policies-positions/global-privacy-policy for more information about Baxter’s obligations under the Privacy Shield Frameworks.
Depending on where you are located, you may have the following rights with respect to your personal data:
- Check whether we hold personal data about you, and, if so, what kind and for what purposes. You also have the right to know the identities or categories of recipients of your personal data and to request access to or copies of your personal data.
- Request rectification (correction) of your personal data if it is inaccurate or incomplete.
- Request the erasure of your data, unless we have a legal obligation to process your data or another exception applies. If you want to delete your user account, you may do that anytime by can accessing your user profile in the “My Profile” tab and then selecting the “Personal Data” tab.
- Request us to restrict the processing of your personal data and not delete it under certain circumstances.
- If we process your data electronically through automated means, and we do so based on your consent or a contract, you have the right to request a machine-readable copy of your data from us, and to have us transmit that data directly to another controller, where technically feasible.
- Lodge a complaint with a supervisory authority.
You also have the right to object to the processing of your personal data for certain purposes, including our legitimate interests. You can object at any time to the processing of your personal data by sending an e-mail to the contact information below.
Please address your requests to exercise your rights described above, or questions concerning this Notice or the processing of your personal data, to the Data Protection Officer using the contact information below.
Email us with any privacy questions or concerns at email@example.com
Email us with questions about the iCare Portal and medical information Requests: firstname.lastname@example.org
Privacy telephone: Ethics and Compliance Hotline at 1-844-294-5418
Privacy mail: Baxter Healthcare Corporation
Baxter International Inc.
ATTN: Data Protection Officer
Global Privacy Office 1 Baxter Parkway
Deerfield, IL USA 60015
Terms of Service Last Updated: May, 2020
Welcome to Baxter’s iCare Portal! Please carefully review this Terms of Service Agreement (the “Agreement” or the “Terms”) that govern your (“User,” “you” or “your”) access and use of the Baxter iCare Portal and related services located at https://baxter-frprd.irmscare.com/ (the “iCare Portal”) provided by Baxter Healthcare Corporation, together with its affiliates and subsidiaries (“Baxter,” “our,” “we,” and “us”). By clicking “I agree,” using, or otherwise accessing the iCare Portal, you acknowledge that you are a healthcare professional, and have read, understand, and agree to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE ICARE PORTAL.
General Terms and Restrictions on Use
Subject to these Terms, Baxter grants you a limited, revocable, nonexclusive, nontransferable personal right to access and make use of the iCare Portal solely for the benefit of User and no other commercial purpose. All rights not otherwise expressly granted by these Terms are reserved by Baxter.
You agree not to (i) license, reproduce, duplicate, copy, distribute, transmit, sell, or resell any portion of the iCare Portal or information available through the iCare Portal; or (ii) use the iCare Portal in outsourcing, time-sharing, or to otherwise commercially exploit or make available to any third party, any portion of the iCare Portal. We may discontinue or alter any aspect of the iCare Portal or remove content from the iCare Portal at any time without prior notice. You agree that we may, under certain circumstances, immediately suspend or terminate your access to or use of the iCare Portal or any part thereof. Such circumstances include (i) breaches or violations of these Terms; (ii) discontinuance or material modification to the iCare Portal; (iii) unexpected technical or security issues or problems; (iv) extended periods of inactivity by a User; or (v) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party.
Conducting Searches & Retrieval of Medical Information
Once you login, you will be able to enter your question or search terms into the search bar to generate results for your requested information. If you are not able to find what you are searching for, please refine your search or click the “contact us” button on your screen to submit an inquiry to us. To submit an inquiry to Baxter, you will need to complete the form on your screen by entering your first name, last name, email address, telephone number, and associated institution. You will have the option to include additional comments or an attachment before submitting your inquiry.
You agree to use the iCare Portal only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside when using the iCare Portal. Baxter reserves the right to revoke User’s privilege to use the iCare Portal or take any appropriate measures to enforce the guidelines set forth herein, if violations are brought to its attention.
While using the iCare Portal, you agree that you shall not: (i) copy, modify, correct, adapt, alter, translate, enhance, or otherwise create derivative works or improvements of the iCare Portal, including any iCare Portal Content; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to learn or gain access to the source code, structure, or ideas upon which the iCare Portal is based; (iii) promote illegal activities, fraudulent schemes, anything objectionable (as determined by us) or otherwise violate any applicable law; (iv) stalk, harass, threaten, or invade the privacy of or engage in predatory behavior towards another User or any other person; (v) post, upload or otherwise transmit any information that is unlawful, harmful, abusive, tortious, profane, indecent, sexually explicit, hateful, or racially, ethnically or otherwise objectionable or intended to offend any person or that is otherwise objectionable to Baxter, in its sole discretion; (vi) use the iCare Portal to post, use, upload, or disseminate content, files, graphics, software, or other material that infringes or misappropriates any trade secret or intellectual property rights, rights of publicity, rights of privacy, or proprietary rights of any party; (vii) take any action to circumvent, compromise, or defeat any security measures implemented on the iCare Portal; (vii) use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the iCare Portal (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract data from the iCare Portal); (ix) upload or otherwise transmit information that contains software viruses or any other malicious code, files, or programs designed to interrupt, disable, alter, harm, or limit the functionality of the iCare Portal or any software, firmware, data, hardware, or system; (x) frame or otherwise simulate the appearance or functions of the iCare Portal or any portion thereof; (xi) use the iCare Portal to gain competitive intelligence about us or develop a competing Product or service; (xii) harvest or otherwise collect, store or use information about other Users; or (xiii) impersonate any person or entity or otherwise misrepresent its affiliation with a person or entity. User further agrees that User shall not assist a third party to do any of the foregoing.
The iCare Portal is not aimed or intended for children under the age of 13. If you are under the age of 13, please DO NOT USE the iCare Portal. By using the iCare Portal, you represent and certify that you are 18 years of age or older and a healthcare professional.
Links and Third Party Content
All content and materials, including text, graphics, logos, trademarks, button icons, images, illustrations, photographs, digital downloads, or other materials (collectively, “iCare Portal Content”) and all intellectual property rights therein, are the property of Baxter or its third party licensors and protected by U.S. and international laws, unless otherwise expressly stated in these Terms. No right, title, or interest in any iCare Portal Content or intellectual property rights therein is transferred to you as a result of your use of the iCare Portal.
THE ICARE PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE ICARE PORTAL IS AT USER’S SOLE RISK. BAXTER DOES NOT WARRANT THAT USER’S USE OF THE ICARE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES BAXTER MAKE ANY WARRANTY AS TO THE SUITABILITY OF THE ICARE PORTAL FOR ITS INTENDED USE. BAXTER, FOR ITSELF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, TITLE, NON-INFRINGEMENT, OR TIMELINESS, SUITABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE ICARE PORTAL. USER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN IN RELIANCE ON THE ICARE PORTAL OR ANY INFORMATION OR THEREIN, INCLUDING, WITHOUT LIMITATION, INACCURATE OR INCOMPLETE INFORMATION.
THE ICARE PORTAL AND THE INFORMATION, DATA, ICARE PORTAL CONTENT, OR OTHER CONTENT PROVIDED THROUGH THE ICARE PORTAL IS FOR INFORMATIONAL AND MEDICAL EDUCATIONAL PURPOSES ONLY, FOR USE BY HEALTHCARE PROFESSIONALS. SUCH INFORMATION, DATA, ICARE PORTAL CONTENT, AND OTHER CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, MEDICAL DIAGNOSIS OR TREATMENT, OR CONVENTIONAL TRAINING AND STUDY.
BAXTER USES REASONABLE EFFORTS TO MAINTAIN THE ICARE PORTAL BUT BAXTER IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE ICARE PORTAL, OR ANY PART THEREOF, ANY CONTENT POSTED USING THE ICARE PORTAL, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE ICARE PORTAL MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (I) EQUIPMENT MALFUNCTIONS; (II) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (III) CAUSES BEYOND THE CONTROL OF BAXTER OR WHICH ARE NOT FORESEEABLE BY BAXTER.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL BAXTER, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO THIS AGREEMENT, THE ICARE PORTAL, OR USER’S ABILITY OR INABILITY TO USE THE ICARE PORTAL, ANY INACCURACY OR INCOMPLETENESS OF INFORMATION CONTAINED IN THE ICARE PORTAL, ANY DELAY OR FAILURE OR ALTERATION OF ANY TRANSMISSION OR DATA, EVEN IF BAXTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BAXTER NOR ITS AFFILIATES OR SUBSIDIARIES’ TOTAL LIABILITY FOR ALL DAMAGES, CLAIMS, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE ICARE PORTAL. USER AGREES THAT IF USER IS DISSATISFIED WITH THE ICARE PORTAL, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE ICARE PORTAL AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREIN.
Release and Indemnification
You agree to release Baxter, its officers, directors, and agents, from any and all liability and obligations whatsoever in connection with or arising out of your use of the iCare Portal. If, at any time, you are not satisfied with the iCare Portal, your sole remedy is cessation of use of the iCare Portal.
You agree to defend, indemnify, and hold harmless Baxter, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against any and all claims, actions, demands, obligations, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees arising from (i) your access or use of the iCare Portal; (ii) breach of these Terms; (iii) infringement or misappropriation of any intellectual property or other rights of Baxter or third parties by you; or (iv) any negligence or willful misconduct by you.
These Terms are effective upon your acceptance during the registration process and continue until terminated as set forth herein. You agree that Baxter may terminate your use of the iCare Portal, as previously described herein, or discontinuing providing any portion of the iCare Portal without notice. You may terminate these Terms at any time by discontinuing your use of the iCare Portal. Upon termination of these Terms, you must cease use of the iCare Portal and destroy all materials obtained via the iCare Portal.
Arbitration Agreement. THIS SECTION AFFECTS YOUR RIGHTS – PLEASE READ CAREFULLY BEFORE AGREEING TO THIS AGREEMENT.
- Mandatory Arbitration. Baxter and User agree that any dispute, claim, controversy, action, or proceeding arising out of or relating to this Agreement or your use of the iCare Portal under this Agreement (a “Dispute”) will be determined exclusively by binding arbitration in the State of Illinois before a single arbitrator. The International Institute for Conflict Prevention & Resolution (“CPR”) will administer the arbitration in accordance with the CPR rules. The claimant party filing a demand for arbitration with the administrator of CPR and serving the demand on the opposing party will initiate the arbitration. You and Baxter will select an arbitrator in accordance with the applicable CPR rules within thirty (30) calendar days of the date the demand for arbitration is filed. Except as otherwise required by law, neither you, Baxter, nor the arbitrator may disclose the existence, contents, or results of any arbitration under this Agreement without the prior written consent of you and Baxter. Any award of the arbitrator will be accompanied by a statement of the reasons upon which the award is based. Judgment on the arbitration award may be entered in any court having jurisdiction.
- No Class Action. YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US MAY ONLY BE BROUGHT INDIVIDUALLY AND YOU WILL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. BY ACCEPTING THESE TERMS, YOU AND BAXTER ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION.
- Time to File. ANY DISPUTE THAT YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES, OTHERWISE, SUCH DISPUTE IS PERMANENTLY BARRED.
- Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Entire Agreement. These Terms constitute the entire agreement between the Baxter and User hereto concerning the subject matter hereof and supersedes any prior or contemporaneous agreements concerning such subject matter.
Amendment. Baxter may amend or modify the terms of this Agreement at any time. Your acceptance of the modified terms or continued access or use of the iCare Portal after the terms of this Agreement are revised, constitutes your express consent to the modified Agreement. Notwithstanding the foregoing, no amendment, change, or extension to this Agreement is valid or binding, unless approved in writing by Baxter.
Waiver. No delay or failure by either party to exercise or enforce at any time any right or provision of this Agreement will be considered a waiver thereof or of such party’s right thereafter to exercise or enforce each and every right or provision of this Agreement.
Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, and the offending provision shall be deemed automatically modified by the minimum necessary to render it valid and enforceable under applicable law, with the nature and extent of the modifications to be determined by a court of competent jurisdiction.
Equitable Relief. Notwithstanding anything herein to the contrary, User acknowledges that any breach of the terms of this Agreement, including your use of the iCare Portal in violation of the rights granted herein or infringement upon or misappropriation of any intellectual property rights of Baxter or its licensors, would cause irreparable harm and significant injury to Baxter and/or its licensors. As such, Baxter and User agree that Baxter has the right to enforce the terms of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice and in addition to any other rights and remedies that may be available to Baxter.
Export Control. Unless otherwise specified, the iCare Portal, iCare Portal Content, and other related materials for the iCare Portal are available in Framce. Baxter makes no representations or warranties that the iCare Portal or other related material accessible via the iCare Portal is appropriate or available outside of France. User hereby agrees to comply with all applicable export and re-export control laws, restrictions, and regulations
Headings. The headings used herein are for convenience only and will not limit the interpretation of any section hereof.
Force Majeure. Neither party to this Agreement shall be liable for failure to fulfill its obligations under this Agreement due to any major unforeseeable event beyond the control of, and not caused by the fault or negligence of, such party or its agents, including, without limitation, an act of God, fire, earthquake, flood, explosion, action of the elements, war, terrorism, insurrection, riot, mob violence, sabotage, inability to procure equipment, facilities, materials, or supplies in the open market, failure of power, failure of telecommunications systems or infrastructure, strike, lockout, action of labor unions, condemnation, requisition, law or order of government, civil or military authorities; provided that the party failing to perform in such event shall promptly resume or remedy, as the case may be, the performance of its obligations hereunder as soon as practicable.
Baxter Healthcare Corporation
One Baxter Parkway
Deerfield, Illinois 60015