Terms & Conditions
1. Definitions:
Contracting Party: Refers to the research centre that agrees to participate in the benchmarking initiative.
Contracting Party: Refers to Clinical Consultants to Outcomes (C2Outcomes), responsible for conducting the research.
Confidential Data: Refers to all information collected from participating centres, including but not limited to operational, financial, performance data and any other information provided by participants.
2. Purpose: To establish the terms and conditions under which the Contracting Party will participate in the benchmarking initiative conducted by the Contracting Party free of charge.
3. Commitments of the Parties:
Contracting Party:
Conduct the research in accordance with applicable regulations.
To guarantee the confidentiality and security of the data collected.
Provide aggregate reports that do not individually identify the participating centres.
Contracting Party:
Provide accurate and complete information as requested in the questionnaire.
Co-operate with the research team to clarify doubts and provide additional data if necessary.
4. Intellectual Property Rights: All aggregated data and analyses produced from this survey are the property of the Contracting Party. The Contracting Party will have the right to access specific reports and recommendations related to its performance.
5. Use of Data: The data provided by the Contracting Party will be used exclusively for the purposes of this benchmarking survey and will not be shared with third parties without the prior consent of the Contracting Party. See the Data Use section of this term.
6. Term and Termination:
This term commences on the date of signature and remains in force until the conclusion of the research.
The Contracting Party may terminate this term at any time by giving written notice to the Contracted Party. Data aggregated up to the time of termination will be kept in a report given the nature of the research objective. New data will no longer be accessed after termination.
7. General Provisions:
Applicable Law: This term shall be governed by and construed in accordance with the laws of Brazil.
Dispute Resolution: Any dispute arising from this term will be resolved amicably between the parties. In the absence of resolution, the parties agree to submit the dispute to arbitration in accordance with the CEMAAC rules or similar rules chosen by the parties.
Consent to Data Processing
Introduction: The purpose of this document is to record the free, informed and unequivocal expression by which the Data Subject agrees to the processing of his/her personal data for a specific purpose, in accordance with Law No. 13.709 - General Personal Data Protection Law (LGPD).
Controller: Clinical Consultants to Outcomes (C2Outcomes)
Personal Data: The Controller is authorised to make decisions regarding the processing and to carry out the processing of the data that is the subject of the benchmarking survey.
Purposes of Data Processing: The processing of the personal data listed in this term has the following purposes:
Benchmarking between research centres to support their individual strategies based on facts and data
Dissemination of aggregated reports to the market with the aim of promoting the clinical research activities of the entities that make up the market aimed at the growth of Clinical Research in Latin America.
Commercial development and creation of offers that include the use of data in a confidential and/or aggregated manner
Conducting strategic feasibility processes in partnership with each centre considered individually
Data sharing: The Controller is authorised to share the Data Subject's personal data with other data processing agents, if necessary for the purposes listed in this term, subject to the principles and guarantees established by Law No. 13,709.
Data Security: The Controller is responsible for maintaining security, technical and administrative measures capable of protecting personal data from unauthorised access and from accidental or unlawful situations of destruction, loss, alteration, communication or any form of inappropriate or unlawful processing.
In accordance with art. 48 of Law no. 13.709, the Controller shall notify the Data Controller and the National Data Protection Authority (ANPD) of the occurrence of a security incident that may entail a relevant risk or damage to the Data Controller.
Termination of Data Processing: The Controller may keep and process the Data Subject's personal data for as long as they are relevant to the fulfilment of the purposes listed in this term. Anonymised personal data, with no possibility of association with the individual, may be kept for an indefinite period.
The Data Subject may request via e-mail or correspondence to the Controller at any time that the Data Subject's non-anonymised personal data be deleted. The Data Subject is aware that it may not be possible for the Controller to continue supplying products or services to the Data Subject once the personal data has been deleted.
Rights of the Data Subject: The Data Subject has the right to obtain from the Controller, in relation to the data processed by it, at any time and upon request:
I - confirmation of the existence of processing;
II - access to the data;
III - correction of incomplete, inaccurate or outdated data;
IV - anonymisation, blocking or deletion of unnecessary, excessive data or data processed in breach of the provisions of Law 13.709;
V - portability of data to another service or product provider, upon express request and with due regard for commercial and industrial secrets, in accordance with the regulations of the controlling body;
VI - deletion of personal data processed with the consent of the data subject, except in the cases provided for in art. 16 of Law no. 13.709;
VII - information on the public and private organisations with which the controller has shared data;
VIII - information on the possibility of not providing consent and the consequences of refusing to do so;
IX - revocation of consent, under the terms of § 5 of Art. 8 of Law No. 13,709.
References and Regulations:
General Data Protection Act (LGPD) - Law No. 13,709/2018 (Brazil)
Consumer Defence Code (CDC) - Law No. 8.078/1990 (Brazil)
General Data Protection Regulation (GDPR) - European Union
International Chamber of Commerce (ICC) Code of Marketing and Advertising Practices
European Society for Opinion and Marketing Research (ESOMAR) Guidelines
Health Insurance Portability and Accountability Act (HIPAA) - USA (for health data)