Roche Diagnostics Solutions / Roche Information Solutions

 

Washington Consumer Health Data Privacy Policy

This Privacy Policy applies to the entities that comprise Roche Diagnostics Solutions and Roche Information Solutions, including Roche Molecular Systems, Inc., Roche Sequencing Solutions, Inc., Ventana Medical Systems, Inc., and GenMark Diagnostics, Inc., (“Roche”) to the extent applicable with respect to your specific activities and interactions with the respective applicable Roche entity.

Last Updated March 2024

Purpose and Reach  |  Information Collected  |   Your Rights Regarding Your Personal Data

 

Who We Are

 

Roche (“we,” “our,” or “us”) values your privacy and the protection of your Personal Data.  This Policy supplements the RDS RIS Privacy Notice and the RDS RIS US Supplemental Privacy Notice and applies to collection of “consumer health data” subject to the Washington State My Health My Data Act (the “MHMDA”).  

 

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Purpose and Reach of this Privacy Notice

 

With respect to Roche websites you may access or visit, this Policy only applies to those Roche websites that link to this Policy. Our websites also may contain links to third-party websites. We do not endorse and are not responsible for the content of third-party websites or resources, and this Policy does not apply to any sites that are not affiliated with Roche, even if you access them via a link on our site. You should review the privacy policies of any third-party site before providing any information.

In this Policy, we use the term “Consumer” to mean (1) residents of the Washington State and (2) other individuals whose consumer health data we collect in Washington State, consistent with the definition of “consumer” in the MHMDA.  Also consistent with the MHMDA, we use the term “Consumer Health Data” in this policy to mean personal information that is linked to, or reasonably linkable to, a consumer and that identifies the consumer’s past, present, or future physical or mental health status.

This Policy does not apply to any other Personal Data we collect or process. 

This Policy applies to Consumer Health Data collected or processed by us from or about Consumers: 

  • Through online activities and services we offer (through websites, web forms, web surveys, newsletters, applications, email, online messaging services/channels, and otherwise) (“Online Services”); 

  • Related to activities we undertake in recruiting participants for participation in clinical trials or activities related to identifying and contracting with study investigators and their staff; 

  • In connection with post-approval vigilance and adverse events, complaints, and reports; 

  • to the extent applicable, when we provide products and services directly to you and in other situations where you interact with us such as when you visit our physical sites or attend our events (such products and services, together with Online Services, are collectively referred to as, the “Products and Services”); 

  • Anywhere this Policy is posted or referenced.

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Information Collected

 

Collection, Sources, Uses, and Sharing of Consumer Health Data:

We collect, use, and share the following categories of Consumer Health Data (as further described below):

  • Individual health conditions, treatment, diseases, or diagnosis;

  • Social, psychological, behavioral, and medical interventions;

  • Health-related surgeries or procedures;

  • Use or purchase of prescribed medication;

  • Bodily functions, vital signs, symptoms, or measurements of the information described in this subsection;

  • Diagnoses or diagnostic testing, treatment, or medication; 

  • Gender-affirming care information;

  • Reproductive or sexual health information;

  • Genetic data;

  • Data that identifies a consumer seeking health care services; and

  • Any information that we, or one of our processors, processes to associate or identify a consumer with the data described above that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning).

The types of Consumer Health Data we collect and disclose depends on your relationship with Roche.  Not all of the Consumer Health Data listed in the following charts may apply to you.  If the nature of your relationship with Roche changes, additional categories of Consumer Health Data may also apply.

Users of Online Services, Visitors to Our Websites and Physical Locations, and Senders of Inquiries

We may process your Consumer Health Data when you: (1) visit our websites, physical locations or in-person events; (2) submit inquiries to us both online (e.g., via email) or offline (e.g., by written letters); (3) sign up for our newsletters or other informational or marketing materials; and/or (4) register for, visit, or use our online Products and Services.

Examples of Consumer Health Data collected, used, and shared

  • areas of interest in medical research
  • user activity on websites providing health information
  • general disease or medical device or diagnostic product interest

Sources of consumer health data

  • you directly
  • those authorized to provide on your behalf such as your caregiver or authorized representative
  • your devices
  • third parties that provide access to information you make publicly available, such as social media
  • companies conducting non-clinical research such as market research companies

Why do we use the Consumer Health Data?

  • to enroll you in our programs and provide you with our Products and Services
  • to administer our relationship with you or your organization
  • to send you updates
  • to customize content for you
  • to improve our Products and Services
  • for short-term, transient use
  • for administrative purposes
  • for marketing, internal research, and development
  • for quality assurance and to assist in training and development of our representatives
  • to improve our Online Services
  • advertising and product promotion, including to contact you regarding programs, products, services, and topics that may be of interest or useful
  • to comply with legal and regulatory obligations

Who is the Consumer Health Data shared with?

  • Roche , our affiliates , and related companies
  • third parties who assist with fraud prevention, detection and mitigation
  • third parties who assist with our information technology and security programs and our loss prevention programs
  • partners that assist us in providing the Products and Services or help us improve our marketing or administration
  • Roche’s lawyers, auditors and consultants

 

Patients and Users of Medical or Diagnostic Products

We may process your Consumer Health Data when you are the existing or prospective patient of a Healthcare Provider who is a Roche customer and/or when you receive or use Roche medical device or diagnostic products (including, where applicable, mobile apps) when MHMDA applies.  In certain cases when MHMDA does not apply, you may receive a separate privacy notice regarding the Personal Data being processed from a third party entity (e.g., a HIPAA Notice of Privacy Practices). In such a case, that privacy notice—and not this Policy— governs the processing of such Personal Data..

Examples of Consumer Health Data collected, used, and shared

  • genetic information
  • data related to blood and tissue samples
  • identification of pathologies/diseases
  • areas of interest in medical research
  • treatment dates
  • medical history and treatment information
  • patient-reported outcome measures (e.g., responses to questionnaires and surveys)
  • X-rays, magnetic resonance imaging, and medical scans
  • user activity
  • therapy completion and use details
  • communications with your Healthcare Provider, including audio and/or video from telehealth sessions
  • drug allergies
  • prescriptions and dosing
  • health values and sensor readings data, such as steps taken, blood glucose levels, heart rate, and blood pressure
  • health insurance company
  • insurance account number
  • information on payment for health care services

Sources of Consumer Health Data

  • you directly
  • your Healthcare Provider
  • your devices
  • our business partners and other third parties
  • those authorized to provide on your behalf such as your caregiver or authorized representative

Why do we use the Consumer Health Data?

  • to enroll you in our programs and provide you with our Products and Services
  • to administer our relationship with you
  • to send you updates
  • to improve our Products and Services
  • for short-term, transient use
  • for administrative purposes
  • for quality assurance
  • for marketing, internal research, and development
  • to determine and verify program, product, and service eligibility and coverage
  • to procure vendor/supplier products and services, including to manage and satisfy related vendor/supplier contractual obligations
  • advertising and product promotion, including to contact you regarding programs, products, services, and topics that may be of interest or useful
  • to comply with legal and regulatory obligations

Who is the Consumer Health Data shared with?

  • Roche , our affiliates , and related companies
  • Healthcare Providers
  • partners that assist us in providing the Products and Services or help us improve our marketing or administration
  • third parties who assist with fraud prevention, detection and mitigation
  • third parties who assist with our information technology and security programs
  • Roche’s lawyers, auditors, and consultants
  • authorized legal representatives, family members, and caregivers

 

Clinical Study Candidates

Clinical Study Candidates: We may process your consumer health data when have been identified as a potential candidate for clinical studies sponsored by us or conducted by us on behalf of a third party.

If you are a participant in a clinical study, clinical trial, or other health-related research, you should receive a separate privacy notice regarding the Personal Data we process for those purposes. That privacy notice—and not this Policy— governs our processing of such Personal Data.

Examples of consumer health data collected, used, and shared

  • identification of pathologies/diseases
  • areas of interest in medical research
  • treatment dates
  • medical history and treatment information
  • user activity
  • therapy completion and use details
  • drug allergies
  • prescriptions and dosing
  • health values and sensor readings data, such as steps taken, blood glucose levels, heart rate, and blood pressure

Sources of consumer health data

  • you directly
  • your Healthcare Provider
  • your devices
  • our business partners and other third parties
  • your friends or family
  • those authorized to provide on your behalf such as your caregiver or authorized representative

Why do we use the Consumer Health Data?

  • to administer our relationship with you
  • to send you updates
  • to determine your eligibility in one or more clinical studies
  • to improve our Products and Services
  • for short-term, transient use
  • for administrative purposes
  • for quality assurance
  • to comply with legal and regulatory obligations

Who is the Consumer Health Data shared with?

  • Roche , our affiliates , and related companies
  • clinical study sponsors and third parties who assist with studies such as Contract Research Organizations
  • Healthcare Providers
  • clinical investigators and/or members of investigator teams
  • Roche’s lawyers, auditors, and consultants
  • third parties who assist with fraud prevention, detection and mitigation
  • third parties who assist with our information technology and security programs
  • authorized legal representatives, family members, and caregivers
  • partners that assist us in providing the Products and Services or help us improve our marketing or administration

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Your Rights Regarding Your Personal Data

Subject to certain legal limitations and exceptions, you have the following rights with respect to any consumer health data we may collect about you: 

  • The right to confirm whether we are collecting, sharing, or selling your consumer health data and to access such data, including a list of all third parties and affiliates with whom we have shared or sold the consumer health data and an active email address or other online mechanism that you may use to contact these third parties;

  • The right to withdraw consent from our collection and sharing of your consumer health data; and

  • The right to have your consumer health data deleted. 

If you would like to exercise your rights pursuant to the MHMDA, please submit a consumer request to us by completing the form located here or, if you prefer, you may submit your request by calling us at 800-975-7105 (toll-free).

You may make a request on your own behalf, and if you are the parent or guardian of a minor child, you also may make a request related to your child’s consumer health data.  If you wish to designate an authorized agent to make a request on your behalf, please provide us with a signed declaration stating that your intent is to permit that individual to act on your behalf and include such individual’s full name, address, email address, and phone number.  That way we will be sure you have fully authorized us to act in accordance with the requests of that individual.

As indicated above, in order to protect your Consumer Health Data from unauthorized disclosure or deletion at the request of someone other than you or your legal representative, we require identification verification before granting any request to access, withdraw consent, or delete your consumer health data.  We take special precautions to help ensure this.  We cannot respond to your request or provide you with Consumer Health Data if we cannot verify your identity or authority to make the request and confirm that the Consumer Health Data relates to you.  We will only use Consumer Health Data collected in connection with a verifiable consumer request to verify the requestor's identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt.  If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing.

If your request to exercise a right under the MHMDA is denied, you may appeal that decision by contacting our privacy support team via our web form.  If your appeal is unsuccessful, you may raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint. .