Terms and Conditions

 

These Terms and Conditions apply to the Baxter Sharesource Web Portal (hereinafter: "Sharesource Platform"). Please read them carefully before using the Sharesource Platform. By accepting these Terms and Conditions you confirm that they constitute a legally binding agreement between you and Baxter that governs your use of the Sharesource Platform.

Statements in this Terms and Conditions marked with "*" only apply if and to the extent admissible and applicable in your jurisdiction.


On this page:

 

1. Provider of the Sharesource Platform
2. Permissible use of the Sharesource Platform
3. Functions of the Sharesource Platform
4. Materials accessible through the Sharesource Platform
5. Rights in Materials
6. Providing Information to third parties
7. User communications and Records
8. Protection of your account and information
9. Links to other websites
10. Liability
11. Indemnity*
12. Termination of accounts
13. Sharesource Privacy Policy
14. Changes to these Terms and Conditions
15. Electronic Signature Feature and Esign Mobile Application
16. Applicable Law
17. Severability
18. Questions, Comments and Notice

 

1.         Provider of the Sharesource Platform

This Sharesource Platform is provided to you by the local Baxter entity that is responsible for providing the Sharesource service in your jurisdiction (visit www.sharesource.com to find the identity and contact information of the relevant Baxter entity) together with its affiliates, successors, assignors and subcontractors (in certain countries the local Baxter entity that is responsible for providing the Sharesource service cooperates with distributors) as described in these Terms and Conditions (together hereinafter: "Baxter", "We", "Our", or "Us"). You can look up the name and address of the local Baxter entity by clicking the "Contact Us" link in the footer of the site. The Sharesource Platform is owned and operated on behalf of Baxter by Baxter Healthcare Corporation, One Baxter Parkway, Deerfield, Illinois 60015-4625, United States.

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2.         Permissible use of the Sharesource Platform

You agree to seek user access rights to, and to use, cause, or permit the use of, the Sharesource Platform for lawful and ethical purposes, and in accordance with Baxter's design and authorized functions only. You agree and will be responsible* to determine the scope of lawful and ethical use in accordance with your own professional credentials, applicable law, and any other applicable obligations or restrictions. Baxter makes no warranties or guarantees as to the identity or professional credentials of users utilizing the Sharesource Platform.

For the clinic portal of the Sharesource Platform (hereinafter: "Sharesource Clinic Web Portal") only, a site administrator for each clinic is designated by the clinic and activated by Baxter who is responsible for providing individual user access rights and shall do so in accordance with each user's role and applicable law.

Sending unsolicited advertising, viruses, or other illegal or harmful data is prohibited.

We reserve the right to monitor user and system activity in accordance with applicable laws for security purposes and to ensure compliance with these Terms of Use and applicable law.

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3.         Functions of the Sharesource Platform

The Sharesource Platform provides services to both (i) medical practitioners or other qualified healthcare professionals, who are part of the care-providing team and/or responsible for the treatment of a patient, including the patient's physician or clinic, the patient's pharmacy and laboratory services provider(s) as well as their staffs, and other health care providers involved in the patient's care (hereinafter: "Care-providing Team") and (ii) patients/home dialysis users. To meet the needs of these different user groups, the Sharesource Platform contains two subdivisions with different functions: the Sharesource Clinic Web Portal and the patient portal of the Sharesource Platform (hereinafter: "Sharesource Patient Web Portal"). If you are a member of the Care-providing team, then the Sharesource Clinic Web Portal will allow you, among other things, to prescribe* Baxter's Home Dialysis Devices (hereinafter: "Device") and related products and follow up on the treatment of your home dialysis users. If you are a patient/home dialysis user, then the Sharesource Patient Web Portal will allow you, among other things, to order supplies for your Device to the extent and under the condition that direct orders and patient supplies of Baxter products are permissible.

The Sharesource Platform is not an emergency notification tool. Contact your designated emergency number immediately should a serious or life-threatening event occur. Moreover, the Sharesource Platform does not provide, and is not a substitute or replacement for, medical advice or judgment.

Baxter makes reasonable efforts to ensure that the Sharesource Platform functions properly and in a timely manner. However, We cannot and do not warrant that the Sharesource Platform or any of its functions will be available, in an uninterrupted or error free manner. Baxter frequently updates the Sharesource Platform and the Sharesource Platform may be temporarily unavailable for scheduled or unscheduled maintenance by Baxter or third party suppliers, or for other causes beyond Baxter's reasonable control.

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4.         Materials accessible through the Sharesource Platform

The Sharesource Platform and any materials in the Sharesource Platform, or available through the Sharesource Platform, including all information, text, graphics, images, hyperlinks, illustrations, designs, icons, photographs, documents, logos, sounds, layouts, software, services and written and other contents (collectively hereinafter: "Materials") are provided on an "as is" and "when available" basis. While Baxter Healthcare Corporation as the provider of the Sharesource Platform has endeavored to upload and display information and Materials that are free of virus or destructive computer codes, ultimately you are responsible for taking all precautions necessary to ensure that any Material you may obtain from the Sharesource Platform is free of viruses and any other potentially destructive computer code.

In determining to publish Material on the Sharesource Platform, We have consulted sources that We believe to be reliable. However, due to the possibility of errors, We cannot and do not represent or warrant that such Material is complete or accurate in whole or in part, and We do not assume any duty to update such Material subsequent to the date of its publication. Accordingly, Baxter (including its editors and licensors) make no representations and warranties of any kind (especially as regards warranties for latent or hidden defects), whether express or implied, regarding the Sharesource Platform and the Materials and waive any such representations and warranties, including without limitation in relation to (i) the accuracy, reliability, veracity, completeness, or suitability of the Materials as a basis for medical decisions, (ii) the results obtained using the Materials and the Sharesource Platform, and (iii) the suitability of the Materials, implied warranties of merchantability (for the UK to be understood as "satisfactory quality"), non infringement and fitness for a particular purpose. Materials may not be current and may be superseded by more recent Materials published by Us. We also make no representation or warranty that the information contained in the Sharesource Platform will be timely or error-free.

The Sharesource Platform and the Materials may contain information on medical and health-related topics. Such information is for general educational purposes only. Neither the Sharesource Platform nor any Material provided through it is a substitute or replacement for medical advice or the professional judgment of the members of the Care-providing Team. The Sharesource Platform allows users to securely transmit electronically certain product prescription information to Baxter*. However, the Sharesource Platform is not otherwise intended to be, nor should it be, used for purposes of providing medical treatment or attention or making medical or health-related decisions. If you are seeking medical advice, you must consult a physician or other medical professional. It is the ultimate decision of the healthcare professional within the Care-providing Team to decide which treatment and related products are appropriate for which type of patient. Qualified professionals should pay attention to drug manufacturers' recommendations and claims to establish their judgment.

To the extent permitted under applicable law, the Sharesource Platform may also contain Materials about products, which may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or as a recommendation for any product that is not authorized by the laws and regulations of the country where you reside.

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5.         Rights in Materials

Baxter and its licensors reserve all copyrights, trademarks, trade dress and/or other intellectual property rights in the Materials. Except as stated herein or as far as it cannot be excluded under applicable law, none of the Materials may be copied, reproduced, distributed, republished, retransmitted, downloaded, displayed, posted, performed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Baxter and its licensors. You also may not, without Baxter's prior express written permission, "mirror" any Material on any other server. Any use of the Materials on any other website or networked computer environment for any purpose is prohibited. Any unauthorized use of any Materials may violate copyright, trademark, and other laws, including but not limited to privacy laws, and may result in severe civil and criminal penalties.

You may use, display, copy, distribute and download the Materials for personal, non-commercial and informational purposes, provided that: (i) both the copyright notice which appears on the Sharesource Platform and this permission notice appear in the Materials, (ii) you do not copy or post the Materials on any network computer or broadcast in any media, and (iii) no modifications of any of the Materials are made. This permission shall terminate automatically without notice if you breach any provision of these Terms and Conditions. Nothing on the Sharesource Platform shall be construed as conferring any other right of use or license under any of Baxter's or any of Baxter's licensors' intellectual property rights. You acknowledge sole responsibility for obtaining any licenses that are required for such other use.

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6.         Providing Information to third parties

As a member of the Care-providing Team, before disclosing information concerning third parties (such as your patients) to Baxter, whether through the Sharesource Platform or otherwise, you must comply with an individual's privacy choices and consent as well as with all relevant privacy obligations and inform such third parties of the disclosure (including the international transfer) of this information to Baxter and the processing of the information in accordance with the Privacy Policy, including international transfers to other third parties described therein. If required by applicable law, you have to obtain their explicit (and where required by applicable law, written) consent for such data collection, storage, processing and use (including transfer) by and disclosure of information to Baxter after having informed them accordingly. You have to inform these individuals at least of the following: (i) Baxter's identity and contact details (in particular e-mail address and phone number of the persons responsible for data protection issues); (ii) the purpose for which Baxter will collect, process and use information concerning them; (iii) the recipients or categories of recipients to whom information concerning them may be transferred or otherwise disclosed; (iv) what information concerning them (including special categories of data such as health-related data, if any) will be processed; (v) whether or not providing this information is compulsory and the consequences of not providing it; (vi) their rights as data subjects, including without limitation their rights to request access to, rectification (including updating) and cancellation of the information concerning them and their right to object at any time free of charge to any further processing and use of their personal data for marketing purposes, market research and opinion research, as well as how they can exercise these rights, and (vii) any further information necessary to guarantee fair processing of the information concerning them. Please refer to the Privacy Policy for further information on these elements.

Baxter reserves the right to audit your compliance with the above mentioned notice and consent process and the evidence which you retain thereof, should Baxter deem such audit necessary. In such case, Baxter will provide you with reasonable notice of such an audit.

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7.         User communications and Records

As a user of the Sharesource Platform, you are responsible for your own communications and are responsible for the consequences of posting those communications. Baxter is entitled to use any such communications in any legal manner without compensation of any kind to you. Baxter does not screen communications in advance and is not responsible for screening or monitoring material posted by users. Baxter reserves the right, but has no obligation, to review material posted to the Sharesource Platform by users and edit or remove such material in its sole discretion.

The Sharesource Platform facilitates secure communication between clinics and Baxter in order to provide online dialysis patient and prescription information management and transmission*. However, the Sharesource Platform is not intended: (i) to be the only means of communication; or (ii) to be the only mechanism used to communicate medical information or directions. Baxter may also post and/or provide information to patients regarding Our products and services via the Sharesource Platform.

Similarly, the treatment log facility provided on this Sharesource Platform is intended to supplement, but not to replace, communication with Us or the Care-providing Team in respect of a treatment plan.

The Sharesource Platform is not intended to replace a medical record and cannot be used to comply with retention obligations regarding medical records, files and documents.

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8.         Protection of your account and information

You are responsible for maintaining the confidentiality of your user ID and password. You are also responsible for all uses of your user ID and password, including any related charges (for instance, charges related to ordering certain services), whether or not ultimately authorized by you. If you are a user's personal representative, you represent that you have the user's permission to use the Sharesource Platform on his or her behalf. Furthermore, you are also responsible to protect the confidentiality of the information displayed on the screen after you login with your user ID and password. When you are ready to leave the Sharesource Platform, remember to always use the "Log Off" button and then exit your browser, since this will help to protect the confidentiality of the information accessible via your account.

Baxter has taken measures it believes to be appropriate to ensure the security and confidentiality of any information that you provide to this Sharesource Platform. This includes technical security measures (e.g., encryption) that guard against unauthorized access and policies that allow only authorized persons to access your electronic personal data. However, the Internet is not an absolutely secure medium, and is not under Baxter's control. Use of the Internet is solely at your own risk and is subject to applicable laws and regulations.

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9.         Links to other websites

The Sharesource Platform may contain links to other websites not operated by Us. Such links are provided solely for convenience and do not imply an endorsement, recommendation, or certification of the contents of such other websites by Baxter. Baxter does not review, control, or monitor the materials on such other websites and will not be responsible for the content of any such websites (including, without limitation, those sites that provide links to this Sharesource Platform) and do not make any representations or warranties regarding any other websites or the contents or materials on such websites. We will only remove contents or links after having effective knowledge that they are declared by courts as unlawful or in breach of third party rights or that they are conspicuously inadequate. If you decide to access other websites, you do so solely at your own risk. Your use of these other websites is subject to the terms and conditions and privacy policies of these other websites.

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10.         Liability

Baxter's liability for losses or damages arising out of or resulting from any claims, demands or actions irrespective of its legal ground (e.g., contract, negligence or otherwise, including for latent/hidden defects), shall be limited as follows:

  1. For damages caused by a breach of a material contractual obligation, Baxter shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract. Baxter shall not be liable for loss of profits, nor for the slightly negligent breach of any applicable duty of care, nor for any indirect or consequential losses (such as but not limited to loss of revenue, business, savings, reputation, goodwill, opportunity, clientele, data and third party's claims), even if Baxter has been advised of the possibility of such damages.

  2. The limitation of liability as set out above shall not apply to any mandatory statutory liability, to damages caused intentionally, by gross negligence, willful misconduct or fraud or liability for personal injuries or death caused by negligence or for any other liability that cannot be excluded as a matter of law.

In addition, such limitations of liability shall not apply if and to the extent Baxter has assumed a specific guarantee.

The user shall be obliged to take adequate measures to avert and reduce damages to the maximum extent possible.

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11.         Indemnity*

You agree to reimburse, defend, indemnify and hold Baxter and its present and future employees, harmless from, against and in respect of, any and all losses resulting or arising from your use of the Sharesource Platform in culpable breach of these Terms and Conditions or applicable law.

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12.         Termination of accounts

Baxter and/or the site administrator may terminate your access to any or all parts of the Sharesource Platform and any related service(s) at any time, for cause, with or without notice or without cause with prior notice, for any substantial reason whatsoever without prior intervention of a judge or arbitral body. Baxter reserves the right without explanation, to deny access to anyone who is suspected of unlawful activity, and to report this activity to the proper authorities. Baxter will have no obligation to notify any third parties nor will Baxter be responsible for any damages that may result or arise out of termination of the Sharesource Platform account, except as provided by applicable law. Such termination shall not release the user from any obligations and liability to Baxter with respect to any monthly or transaction fees that became due and owing prior to such termination. The limitation of liability set forth above shall apply to any claim, action or proceeding prosecuted by the customer as a result of Baxter's termination of the Sharesource Platform account.

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13.         Sharesource Privacy Policy

Please also review Baxter's Privacy Policy posted on the Sharesource Platform, which explains how Baxter deals with personal data of you or the members of the Care-providing Team that We collect or receive through this Sharesource Platform and addresses common privacy questions and concerns you may have about using the Sharesource Platform.

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14.         Changes to these Terms and Conditions

Baxter may, from time to time, make changes to these Terms and Conditions. You will be informed of such changes by a notice on the Sharesource Platform and asked to agree to the changes before entering the Sharesource Platform. If you do not accept the changes your right to use the Sharesource Platform and any related service(s) shall be deemed terminated and we may refuse you access to the Sharesource Platform and any related service(s).

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15.        Electronic Signature Feature and Esign Mobile Application

For users in the U.S. and Mexico only We provide an electronic signature service allowing prescribers to sign prescriptions electronically using the Sharesource Clinic Web Portal and mobile application (hereinafter: "Sharesource Esign Feature") and for which We provide guidance and descriptions in the Sharesource Help or Info tab. When you choose to use the Sharesource Esign Feature, you agree and accept

  1. to voluntarily use an electronic signature in lieu of a paper-based signature, which you are not required to do if you prefer not to do so, 

  2. that due to recent legislation such as E-Sign and UETA electronic signatures are the legal equivalent of handwritten signatures on paper (just like your signing a piece of paper) and are thus legally binding in the United States and in other countries,

  3. that We do not make any warranties or guarantees as regards the enforceability of Esign and UETA legislation for transactions and documents, since the list of documents that may not be signed with electronic signatures is subject to change and may vary from locality to locality (an initial list of excepted documents can be found in Section 103 of the Esign legislation)

  4. not to electronically sign a prescription without first reading it, thus demonstrating that you are able to access the electronic information contained therein, and

  5. that Baxter does not guarantee that it can collect all audit trail information for Esignature transactions, as certain information may not be available for each Esignature transaction such as IP address or other audit trail information.

We do not guarantee the identity of users signing prescriptions and make no warranties or guarantees as to the identity of users utilizing the Sharesource Platform. Site administrators are responsible for confirming the identity of users and granting the permission to sign a prescription using the Sharesource Esign Feature.

We cannot guarantee the validity or encryption of an electronically signed prescription once such prescription or data leave the Sharesource Platform or Baxter's server, such as when a user is forwarding, accessing, or storing the prescription or data elsewhere or after a user has closed their account and deleted its documents and audit trails.

The Sharesource Platform relies on email notifications and users logging into the Sharesource Platform to alert prescribers of the Sharesource Esign Feature requests and other service information. We cannot guarantee receipt of emails or that emails will not be filtered, lost, diverted, deleted through the Internet or from external providers or corporate systems or "spam" systems. We cannot guarantee the reliability or security of e-mail and or external service providers' ability to process emails.

We provide on an "as is available" basis information on each signed prescription such as prescriber NPI number, full name of prescription signer and date and time of the Sharesource Esign Feature.

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16.         Applicable Law

These Terms and Conditions and your use of the Sharesource Platform are governed by the local law of the country where you reside without reference to any conflict of law principles.

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17.         Severability

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed stricken and the remainder of the Terms and Conditions shall continue in full force and effect insofar as it remains a workable instrument to accomplish the original intent and purposes and, if possible, the severed provision shall be deemed replaced with a provision that reflects the intent of the parties with respect to the severed provision but that will be valid and enforceable.

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18.         Questions, Comments and Notices

Baxter may deliver notice to you by electronic mail, a general notice on this Sharesource Platform, or by written communication delivered by registered post to your address on record with Baxter. You may deliver notice to Baxter by using the "Contact Us" link located in the footer of this site.

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Last updated: May 27, 2015



Privacy Policy

 
TRUSTe

Thank you for visiting the Baxter Sharesource Web Portal ("Sharesource Platform"). Before using the Sharesource Platform you should read this entire Privacy Policy. You will also be asked to indicate your acceptance of the Terms and Conditions prior to accessing the Sharesource Platform. If the Terms and Conditions for the Sharesource Platform and/or this Privacy Policy are not acceptable to you, then you should neither use the Sharesource Platform nor submit any personal data to or through it. In this case, you may however not be able to enjoy the full benefits of the Sharesource Platform.

Statements in this Privacy Policy marked with "*" only apply if and to the extent admissible and applicable in your jurisdiction.


Table of contents:

A. Baxter as Responsible Party

B. Purpose of Privacy Policy

C. Purpose of the Sharesource Platform

D. Scope of Privacy Policy

E. How We collect Personal Data

  1. Active Data Collection

     1.1. Information for clinics and clinicians

     1.2. Information for patients

  2. Passive Data Collection

F. What We Do with Your Personal Data (Purpose, Disclosure and International Transfers)

G. Optional Data

H. Data Security

I. Data Privacy Rights

J. Data Retention, Deletion and Destruction

K. Changes to this Privacy Policy

L. Contact Us

 

A.        Baxter as Responsible Party

This Sharesource Platform is owned and operated by Baxter Healthcare Corporation, One Baxter Parkway, Deerfield, Illinois 60015-4625, United States on behalf of the local Baxter entity that is responsible for providing the Sharesource service in your jurisdiction and the responsible data controller for any personal data in connection with your use of the Sharesource Platform. You can look up the name and address of the entity that is responsible for providing the Sharesource service in your jurisdiction, including email address and phone number of any appointed data protection officer or any other persons responsible for data protection issues, by clicking the "Contact Us" link in the footer of this site. Your responsible local Baxter entity, together with its affiliates, successors, assignors and subcontractors (in certain countries the local Baxter entity that is responsible for providing the Sharesource service cooperates with distributors) as described in this Privacy Policy (hereinafter: "Baxter", "We", "Our", or "Us") collects, stores, processes, uses and discloses personal data about you in connection with the Sharesource Platform. In operating the Sharesource Platform, Baxter Healthcare Corporation acts as Baxter's commissioned data processor in relation to such personal data.

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B.        Purpose of Privacy Policy

In order to enable your use of the Sharesource Platform, and for other purposes described herein, We, receive and collect certain information from you, including personal data (also referred to as "personally identifiable information" in some jurisdictions) based on your consent provided in the course of your registration for the Sharesource Platform or, where required by applicable law, separately provided in writing.

For purposes of this Privacy Policy, "personal data" means information that is about, or relates directly or indirectly to an identified or identifiable individual (e.g., your first and last name, address, date of birth, e-mail address, phone number, ID number*, information regarding the patient's therapy (i.e., information regarding supplies and devices), the IP address of any device you use (e.g., your personal computer etc.) to visit the Sharesource Platform, the date and time you do so as well as details on technical issues during your stay and, as the case may be, your unique activation code). Such personal data may also include additional sensitive medical data (also referred to "sensitive data" or "personal health information" in some jurisdictions), such as blood pressure, pulse, volume of fluid that has moved across the Device during the course of the treatment, data about blood and dialysate processed on a treatment day, blood flow rate, pump pressures, dialysis time and medication usage. Furthermore, We also collect "non-personal" data through this Sharesource Platform, such as anonymous, statistical or aggregated information, for instance with a view to determining which parts of the Sharesource Platform are most popular.

This Privacy Policy serves to inform you about Our data handling practices, that are the ways in which We collect personal data; what kinds of personal data We collect; why We collect personal data; how We use personal data that We collect; with whom We share personal data; how you can access, amend (including updating), block, object and delete* personal data We collect from you; and what kinds of security We use to protect personal data.

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C.        Purpose of the Sharesource Platform

The Sharesource Platform provides services to both clinics/clinicians and patients/home dialysis users. To meet the needs of these different user groups, the Sharesource Platform contains two subdivisions with different functions: the Sharesource Clinic Web Portal and the Sharesource Patient Web Portal. If you are a clinic/clinician, then the Sharesource Clinic Web Portal will allow you, among other things, to prescribe* Baxter's home dialysis devices (hereinafter: "Device") and related products and, if the patient has chosen the Clinic & Baxter Mode in the consent that was provided in the course of the activation of his/her Device or, where required by applicable law, separately in writing, follow up on the treatment of your home dialysis users. If you are a patient/home dialysis user, then the Sharesource Patient Web Portal will allow you, among other things, to order supplies* for your Device. The functions available to you on the Sharesource Platform and the corresponding data handling depends on which type of user you are, as explained more detailed below.

If you are a clinician, the legal basis for the processing of your personal data is your consent (as provided for in the EU/EEA by Article 6(1)(a) of the General Data Protection Regulation). If you are a patient/home dialysis user, the legal basis for the processing of your personal data is your express consent (as provided for in the EU/EEA by Article 9(2)(a) of the General Data Protection Regulation). In any case, you have the right to revoke your consent at any time.

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D.        Scope of Privacy Policy

Please be aware that this Privacy Policy applies only to the Sharesource Platform. Within this Sharesource Platform, you may see links or references to other websites, which are not covered by this Privacy Policy and are likely to have different information handling practices. We therefore encourage you to read the privacy policy of each website you visit. We provide these references and links for your convenience; they should not be construed as an endorsement of such websites, their content, or their information handling practices. You are solely responsible for any interactions you may have with such websites and We accept no responsibility or liability for such interactions. We will only remove contents or links after having effective knowledge that they are declared by courts as unlawful or in breach of third party rights or that they are conspicuously inadequate.

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E.         How We collect Personal Data

This Sharesource Platform collects data from its users in two ways: actively and passively. Active data collection refers to instances in which We gather data from you when you fill it in and send it to Us, such as in the context of registering or activating your account, logging into your account, completing a form in the Sharesource Platform, etc. Such data can include both personal data and non-personal data. Passive data collection refers to instances in which We collect personal or non-personal data from you that you have not actively provided.

   1.       Active Data Collection

      1.1.       Information for clinics and clinicians

In order to enable the provision of the services, including access to the Sharesource Platform and all its functionalities, billing, supply management and customer service support vis-à-vis clinics in connection with the Sharesource Platform, Baxter will pre-populate the Sharesource Platform with certain non-personal data, such as clinic name, billing and/or shipping address. Once done, the clinic is allowed to create accounts for its clinicians. For this purpose, and for ongoing user identity management, Baxter requests the following types of personal data of each clinician who wants to use the Sharesource Platform: name, phone number, email address, facility where the clinician works, professional identification number (if any, e.g., NPI number), and preferred language. Each clinician so registered on the Sharesource Platform can activate his/her personal user account through a unique activation link sent by Baxter to the clinician's designated email address. On first login the clinician has to create an account password and, as an additional authentication method, security questions.

Furthermore, in order to use certain functions of the Sharesource Clinic Web Portal (such as creating and managing home dialysis user files, prescribing* Devices and related products), you will be required to provide certain personal data (including sensitive personal data, such as health data) concerning home dialysis users. This includes in particular the following: When you create a patient profile on the Sharesource Clinic Web Portal, you will be asked to provide the patient's name, shipping address, contact information (telephone number, email address, optional: caregiver contact) and dialysis prescription* to the extent necessary or relevant for the functions of the Sharesource Clinic Web Portal. This personal data will be used for identity management, supply management* and customer service purposes. Once the patient has completed all steps required for the activation of his/her Device (including the provision of his/her consent via the Device or, where required by applicable law, separately provided in writing, the provision of his/her birth date and entry of the patient activation code) you will be able to define the patient's Device program settings. This personal data will be used by Us for Device management purposes. An alternative way of creating a patient profile is through the Baxter customer service.

Before providing any patient data or other personal data about third persons to Us, whether through the Sharesource Platform or otherwise, you must comply with all relevant privacy obligations that you have as a data controller under applicable law, including but not limited to: (i) informing the relevant persons that their personal data (including special categories of data such as health-related data, if any) will be disclosed to, stored, processed and used (including transferred) by Us for the purposes and in the manner described in this Privacy Policy, and (ii) if required by applicable law, obtaining their explicit (and where necessary written) consent for such data collection, storage, processing and use (including transfer).

The aforementioned types of personal data will be collected, stored, processed and used for (i) supplying the services* related to the Sharesource Platform,  including access to (e.g., via user identity management) and administration of the Sharesource Platform, (ii) the general administration of Our services, which will help provide the patient's treatment and analysis of the patient's treatment (iii) supply management, including processing and delivery of supplies ordered* by the clinic/patient for the patient's Device, (iv) billing and internal record keeping, (v) quality monitoring and quality management, (vi) complaint handling (vii) customer service, (viii) technical support  (e.g., concerning malfunctioning of the software, Our servers or the Sharesource Platform) ensuring the overall functioning of the Sharesource Platform, (ix) compliance with Our legal obligations, such as pharmacovigilance, adverse event reporting and other reporting obligations, (x) other purposes specifically defined and disclosed in compliance with applicable law at the time when the data is collected or provided, (xi) corresponding reporting related to business intelligence (with masked data) to analyze the number of patients using connected Devices, number of clinics using the Sharesource Platform by country, number and total duration of treatments completed by country and patient counts by age bracket, modality, gender, location etc., (xii) archiving purposes during and after completion of the use of the Device or the Sharesource Platform in accordance with relevant laws and regulations, such as to comply with applicable retention obligations or in order to fulfill regulatory requirements and (xiii) the identification of problems with Our servers, preparation of aggregate demographic information and other information regarding the use of the Sharesource Platform, and improvement of its functions.

      1.2.       Information for patients

Your patient user account on the Sharesource Patient Web Portal is created on the basis of data provided by you, your clinic or clinician directly through the Sharesource Platform, or through the Baxter customer service (see above). To activate your account, and for ongoing user identity management purposes, you must create an account password and security questions. Personal data on orders* that you place through the Sharesource Platform will be used for order management, supply management, technical support, and market research purposes.  

If you were prescribed a Device and you provided your consent via the Device or, where required by applicable law, separately in writing and completed a treatment, then the treatment results will be securely transferred by your Device to the Sharesource Platform and will be visible for Baxter in any case and for your clinic and clinicians in the Sharesource Platform if you have chosen the Clinic & Baxter Mode in your consent via the Device or, where required by applicable law, separately in writing. During the treatment different types of personal data (including special categories of data) will be transferred, such as blood pressure, weight, length of treatment, etc. This data will also be accessible to Us in the Baxter database for the purposes of ensuring technical service, quality and compliance and supply management*. If you have decided to completely refuse to give Us your consent via the Device or, where required by applicable law, separately in writing, no personal data will be processed via the Sharesource Platform and neither Baxter nor your clinic and clinicians will be able to access your personal data.

The purposes for which the aforementioned types of personal data may be stored, processed and used are: (i) Supplying the services* related to the Sharesource Platform,  including access to (e.g., via user identity management) and administration of the Sharesource Platform, (ii) the general administration of Our services, which will help to provide your treatment and analysis of your treatment (iii) supply management, including processing and delivery of supplies ordered* by the clinic/yourself for your Device, (iv) billing and internal record keeping, (v) quality monitoring and quality management, (vi) complaint handling, (vii) customer service, (viii) technical support (e.g., concerning malfunctioning of the software, Our servers or the Sharesource Platform) ensuring the overall functioning of the Sharesource Platform, (ix) compliance with Our legal obligations, such as pharmacovigilance, adverse event reporting and reporting obligations, (x) other purposes specifically defined and disclosed in compliance with applicable law at the time when the data is collected or provided, (xi) corresponding reporting related to business intelligence (with masked data) to analyze the number of patients using connected Devices, number of clinics using the Sharesource Platform by country, number and total duration of treatments completed by country and patient counts by age bracket, modality, gender, location etc., (xii) archiving purposes during and after completion of the use of the Device or the Sharesource Platform in accordance with relevant laws and regulations, such as to comply with applicable retention obligations or in order to fulfill regulatory requirements and (xiii) the identification of problems with Our servers, preparation of aggregate demographic information and other information regarding the use of the Sharesource Platform, and improvement of its functions.

You may provide us with contact information such as the name, telephone number and e-mail address from a person of your choice (e.g., family member, home care giver or neighbor). When you provide us with personal information from such person, we will use this information for the following purposes only: (i) supply management, including processing and delivery of the Device and supplies ordered*, (ii) in case of emergency, (iii) to enable the person of your choice to create another user account and to access your profile.

 

   2.       Passive Data Collection

We may use technologies to passively collect information while you are visiting Our Sharesource Platform (that is, you do not actively provide this information). These technologies allow Us to collect certain kinds of information, including your Internet domain name, Internet Protocol Address (IP address), the type of web browser you use, the operating system you use, the date and time you visit the Sharesource Platform, the specific pages you visit on the Sharesource Platform, and the address of the website you visited prior to entering this Sharesource Platform. We do not link this passively collected information with personal data that you have actively provided elsewhere on this Sharesource Platform. We reserve the right to share with third parties, including Our business partners and advertisers, the information that We have passively collected via this Sharesource Platform in an aggregated format. You can look up a list of such third parties by clicking here.

We may view and collect the IP address of any device you use to visit the Sharesource Platform. IP addresses are unique identifiers automatically assigned to each computer or device when logging onto the Internet. IP addresses allow Us to collect much of the same information that We collect through cookies, including your Internet domain name, browser-type, what pages you visit, and how long you stay on the Sharesource Platform. In general, IP addresses allow Us to identify problems with Our servers, prepare aggregate demographic information and other information regarding the use of this Sharesource Platform, and improve the functions of this Sharesource Platform.

Please revert to Our Cookie Policy for explanations regarding other means of passive information collection that We use when you visit the Sharesource Platform.

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F.         What We Do with Your Personal Data (Purpose, Disclosure and International Transfers)

Any personal data We collect from or obtain about you will only be stored, processed used and disclosed (including transferred) in accordance with and for the pre-defined and legally permissible purposes set out in this Privacy Policy or as specifically defined and disclosed at the time when the data is collected or provided.

We will not sell, lease, transfer, share with, or otherwise permit access to your personal data by any third parties, save that We may transfer, share, or otherwise permit access to your personal data to third parties who provide technical, administrative, or market research support to Baxter and/or as required for (i) administration*, maintenance and hosting of the Sharesource Platform, (ii) data storage, (iii) complaint handling, (iv) adverse event reporting, and (v) pharmacovigilance purposes. All subcontractors are contractually bound and obliged to comply with required privacy standards in compliance with applicable law. Baxter may change the subcontractors if Baxter considers this necessary for the provision of the services related to the Sharesource Platform (e.g., as regards technical security or geographic spread).

You may contact Baxter to access a list of subcontractors currently used by Baxter (including identity and contact information) by clicking here.

We reserve the right to sell, lease, transfer, or otherwise share without restriction aggregated, de-identified, and other non-personal data regarding Sharesource Platform usage, sales, traffic patterns, demographics, and other statistics to third parties. You can access a list of third parties by clicking here.

We reserve the right to store, process, use and disclose (including transfer) personal data in the following cases:

  1.  As necessary to respond to your requests;

  2. To comply with applicable laws, regulations, legal process, and law enforcement inquiries, as required for litigation;

  3. To take precautions against liability, and protect the security and integrity of the Sharesource Platform and the safety, rights and property of Baxter or its users; or

  4. If We are involved in a sale or transfer of all or some of Our business assets or operations via a share or asset deal, your personal data may be transferred to the acquiring organization who shall take at least the same or higher standards of care in the treatment of your personal data. Should such a sale or transfer occur, you will be informed about this and may withdraw your consent to or - as applicable - object to the transfer of your personal data to, and processing and use of your personal data by the transferee.

Some subcontractors have their registered offices or are located in countries outside the EU/EEA for which the European Commission has not issued a decision that these countries would ensure an adequate level of data protection. However, appropriate safeguards were established for such subcontractors by concluding with them Standard Contractual Clauses approved by the European Commission. Copies of these agreements can be obtained by writing an email to Privacy@Baxter.com.

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G.        Optional Data

We do not seek to collect personal data from you that you do not want to be collected. To that end, We indicate at all active collection points whether requested personal data is required or optional. We also attempt to tell you at the point of collection and/or in this Privacy Policy what the consequences will be (e.g., inability to access important functions of the Sharesource Platform) if you do not provide the required or optional data. When you submit personal data via this Sharesource Platform, We will in some instances seek your separate express consent to store, process and use such data in accordance with this Privacy Policy or as otherwise described in the consent statement.

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H.        Data Security

Baxter is committed to keeping your personal data secure and will take appropriate technical, organizational and administrative measures to protect your personal data from and against unauthorized, improper or accidental access, use, alteration, disclosure, destruction and accidental loss. Any personal data you provide and any other personal data exchanged between the Device, Baxter servers and accessible by web browser is sent via a secure link using encryption. Encryption means the translation of personal data into a secret code. To read an encrypted file, you must have the key that allows you to read it, so that even if someone were able to obtain the personal data, they would not be able to make sense of it.

Another way We protect your personal data is through username and password. This safety measure is only effective if you protect the secrecy of both your username and password. If you ever suspect your username or password may have been compromised or subject to unauthorized use, or if you experience any other irregularities, please contact your local Baxter representative immediately. Please see the "Contact Us" section in the footer of the Sharesource Platform for contact information in your country.

Subcontractors of Baxter who administer the Sharesource Platform and have access to your personal data in connection with providing services for Baxter are obliged to respect your privacy and are required to keep your personal data confidential and are not permitted to use it for any other purpose than to carry out the services they are performing for Baxter.

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I.          Data Privacy Rights

You may contact Baxter (Click here) to find the identity and contact information of the relevant Baxter entity that provides the Sharesource service for your local jurisdiction and a complete list of data processors; please see the "Contact Us" section in the footer of the website for contact information in your country) in order to be provided with information on the personal data stored about you and to exercise your statutory rights regarding access, rectification (including updating), blocking, objecting in accordance with applicable laws (e.g., at any time free of charge to any further storage, processing and use of your personal data for marketing purposes, market research and opinion research), restriction of processing, data portability, and erasure of your personal data. We will respond to these requests within a reasonable timeframe. You also have the right to lodge a complaint with a supervisory authority.

We may require follow-up or contact information to allow us to verify that you are the person authorized to make use of any of these rights.

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J.         Data Retention, Deletion and Destruction

Your personal data will be retained for as long as your account remains activated and anytime thereafter for as long as necessary to comply with applicable data retention obligations or in order to fulfill regulatory requirements.

When the purpose of obtaining the personal data has been accomplished, such personal information will be moved to a separate database (and in case of hardcopies, to a separate file) and stored for a certain period of time for information protection reasons in accordance with Baxter's internal policy and other relevant laws (including on deletion and retention obligations) and regulations. Unless otherwise specified in relevant laws and regulations, the personal data moved to a separate database will not be used for purposes other than to comply with applicable retention obligations.

When destroying personal data, We will take technically reasonable measures to make the personal data irrecoverable or irreproducible as follows:

(i) Electronic files containing personal data will be irrecoverably deleted by using an appropriate technical method; and

(ii) Any other records, print-outs, documents or any other recording media will be shredded or incinerated.

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K.        Changes to this Privacy Policy

We reserve the right to change this Privacy Policy at any time and in Our sole discretion. If We do so, the new Privacy Policy will be posted here prior to the change, along with its revision date, and all personal data collected following the posting of such changes will be subject to the new Privacy Policy. For the avoidance of doubt, to the extent that any handling of personal data is based on your consent, We will also seek your consent to any material changes to such data handling or to the processing of additional data or new processing measures. Absent such consent, We will continue handling such personal data in accordance with your previous consent. In the event that you disagree with changes to this Privacy Policy you may contact Us via e-mail and We will advise you how to disable your account. We encourage you to check this Privacy Policy periodically and, at a minimum, before each instance in which you provide personal data via the Sharesource Platform.

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L.         Contact Us

If you have any questions, comments, concerns or complaints about this Privacy Policy, or the information practices of this Sharesource Platform, please contact Us. We will take reasonable steps to respond to your inquiry and remedy problems you bring to Our attention. Please see the "Contact Us" section in the footer of the Sharesource Platform for contact information in your country. Should you be interested in Baxter's general privacy practices please click here.

If you have an unresolved privacy or data use concern that We have not addressed satisfactorily, please contact Our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

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Last updated: February 20, 2017