Roche Direct Legal Text

PRIVACY POLICY   

This information is meant to explain to you what kind of data we collect in relation to your use of our Roche Direct solution, from what sources and for which purposes.

Identity and contact details of the data controller  

The Roche affiliate ("Roche") that is your employer, with which you have a service contract or of which you are a customer is the data controller. A list of Roche's affiliates is available in the current annual report which can be found in the Investors section of www.roche.com  

Please direct any questions and requests related to this information to F. Hoffmann-La Roche Ltd, Global Privacy Office, Grenzacherstrasse 24, CH-4070 Basel, Switzerland, email: global.privacy@roche.com   

Purposes and legal basis for processing  

In order to respond to a service and support request by a customer, we use Roche Direct, a video telephony solution with augmented reality features.The Roche Direct App includes a video sharing function.

Roche will collect personal data about its employees when they are using Roche Direct. If you are using Roche Direct as a customer of Roche, Roche will not collect your personal data unless you share personal data via the video/audio stream. Roche will not record the video/audio stream however unless you and the connected Roche representative(s) jointly and explicitly agree to take image snapshots from the video stream as part of a customer support ticket in order to facilitate future support/service work.

If you are an employee or contractor of Roche, collect and process your personal data on the basis of your employment contract or contract of service with Roche and of our legitimate interest to conduct business in an efficient way.

If you are a customer of Roche, we collect and process your personal data on the basis of our legitimate interest to conduct business in an efficient way, and, if you expressly agree that Roche records a video or audio stream, or takes an image snapshot, on the basis of your consent.    

Categories of personal data processed  

If you are a Roche employee/contractor and are logged in with your Roche employee/contractor account, the following data will be processed: your user name, e-mail address, first name, last name, device identifier, and time associated with a date (hours a day), and any other personal data you decide to share when using the video/audio streaming solution, including screen shots if applicable.   

If you are not a Roche employee/contractor or if you are not logged in with your Roche employee/contractor account, the following data will be processed: The time associated with a date (hours a day) and any personal data you decide to share when using the video/audio streaming solution including screen shots if applicable.   

Cookies and similar technologies  

We may collect other basic information about you which may not directly identify you, but which may correspond with you or a particular device, such as cookies. We use this information to provide a good user experience for you. We do not use this information for analytic purposes. In most cases, this information is collected automatically, for our legitimate business interests. In some jurisdictions, we ask for your consent before collecting this information, in which case you will be presented with a choice as to whether you wish to allow the collection and use of this type of information. Please see our Cookie Notice for more information.   

Recipients of personal data  

Recipients of your data may be Roche's affiliates around the world including in countries with privacy standards different from those in your country. Our Roche affiliates will use the data for the same purposes as we do. A list of Roche's affiliates is available in the current annual report which can be found in the Investors section of www.roche.com.

Additional information in case your data is covered by GDPR: Regarding the exchange of data within the Roche Group, contracts containing the EU Standard Contractual Clauses according to EU Commission decisions of 27 December 2004 (2004/915/EC) and 05 February 2010 (C(2010) 593) constitute appropriate and suitable safeguards to ensure compliance with GDPR.

In addition, your data is being processed by the following approved vendor acting as a data processor to provide the technical & functional foundation for the video/audio streaming services: Bitnamic GmbH, Albert-Einstein-Straße 1, 49076 Osnabrück, Germany, E-Mail: privacy@bitnamic.net.

Any transfer of data to Bitnamic GmbH will be conducted in compliance with applicable laws.    

Storage period  

All personal data which is shared by you via the video sharing functionality is only transient and is not stored by Roche. Screenshots may be stored for up to 48 hours.

In addition, if you agree to the screen capture functionality, your personal data shared as part of this functionality may be stored for the purposes of resolving the service request and for a period of up to 48 hours after your activity has been logged. When we have a legal obligation to store your personal data for a longer period of time, we will store it for and for as long as required by applicable law.

Information about your rights if your data is covered by GDPR

If your personal data is covered by GDPR, you have the right to request from Roche access to and rectification of your personal data as well as the right to data portability, and if applicable, erasure or restriction of processing of your personal data. Erasure or restriction of processing is only possible if and to the extent the processing of personal data is based on consent or legitimate interest. In the event of an erasure request, we may retain a copy of your personal data for our record-keeping purposes and to avoid entering your personal data in our systems after your request.

To exercise any of these rights, please contact your local data protection officer, data protection coordinator or to global.privacy@roche.com.

If you have the impression that our data processing is non-compliant with GDPR: You are entitled to lodge a complaint with the responsible supervisory authority.

Your Rights If Your Data is Covered by California Law  

If you are a California resident as defined by the California Consumer Privacy Act (CCPA), you can find a description of these rights covered in the California Supplemental Privacy Notice. That privacy notice contains information on how to contact Roche to exercise any of your rights under that law.

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please use the contact information provided in the California Supplemental Privacy Notice.

Other checkmarks

In order to submit the app to the Google Play store, we have been asked to give the following two commitments:

Legal & regulatory compliance: I certify that this app (including all APIs, SDKs, and ads) complies with all applicable laws and regulations relating to children. Examples include the US Children's Online Privacy Protection Act (COPPA), and the EU General Data Protection Regulation (GDPR)

YES

US export laws: I acknowledge that my software application may be subject to United States export laws, regardless of my location or nationality. I agree that I have complied with all such laws, including any requirements for software with encryption functions. I hereby certify that my application is authorized for export from the United States under these laws.

YES

Terms & Conditions for the use of Roche Direct  

Last Update: 29.11.2021   

Scope of the App  

The scope of the Roche Direct application ("App") is the access to and use of the mobile application in the resolution of a customer issue. This Roche App allows you to connect with a Roche specialist in a live video call to display your issues. The Roche expert is able to support real time. Features include: instant messaging, video calls, freeze images and laser pointers within the live video stream. The video calls allow you to create still images from the video stream, and discuss images using annotations. Your use of the App is governed by these Terms and Conditions ("Terms"). You can only use the App in agreement with the following Terms, so read them carefully before using the App.

Please find here some important facts about the App

• The use of the Web App is only permitted to Roche service personnel and to customers of Roche or any of its Affiliates who have a service contract with Roche or any of its Affiliates (" Authorized Users"). If you are not an Authorized User, you are not permitted to use the App.
• You can find details regarding data privacy of the App in the privacy notice (here) governing your usage of the App (" privacy notice").

Purpose and ownership of the App  

The App is a tool offered by Roche to its service personnel, to its customers and customers of its Affiliates to facilitate remote support of Roche instruments. The App is owned by F. Hoffmann-La Roche Ltd (" Roche"). The goal of the App is to improve the customer experience while dealing with a technical issue assisted remotely by a
Roche specialist using the video sharing function

i) the video sharing function:

• Once the specialist proposes to initiate a connection via Roche Direct, you will open the Roche Direct Mobile App and select the option of "get support". You will then share the service number and connection code with the Roche technician, who will establish the connection. Once the connection is established, the back camera of your mobile device will be activated and video sharing will start (video sharing takes place only on one direction, by default is from customer towards support technician) Both customer and Roche technician are able to use the features of screen capturing, laser pointer and annotations while on the video call. Moreover, the Roche technician is able to remotely retrieve screen captures and activate the flash of your device to improve the quality of the received image during the video call (see the description of the screen capture functionality below).
• how it is activated: Triggered by Roche specialist, you will open the Roche Direct Mobile App, retrieve a service number and connection code which you will share with the Roche specialist who will use these numbers to establish the video call.
• The livestream will not be recorded.

ii) the screen capture functionality :

• description of this function: at any point during the video call, screen capturing can be done. All the screenshots originated from screen capturing (remote and otherwise) are stored in the file manager. The file manager does not have any folder structure in place and all the screenshots are store chronologically and will be kept for a retention period of 48 hours
• how it is activated: screen capturing can be done at any point in the call, the Roche technician will request your permission to capture the image so that they can draw, point or write instructions over the image. These images are kept for a retention period of 48 hours
• When using the screen capture functionality, you should not point the camera towards any feature that could allow identification of a person. For example, you should not point the camera towards someone (including you) or towards screens containing personal data.

Use of the App  

You agree not to, and you will not permit others to: (i) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise exploit the App commercially or otherwise; (ii) use the App for any purpose other than as permitted herein; (iii) modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer the App in whole or in part; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Roche or its affiliates, partners, suppliers or licensors; or (v) use the App in a manner that violates applicable law.

Disclaimer of warranties and limitation of liability  

THE USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING ANY REPRESENTATIONS OR WARRANTIES REGARDING ACCURACY, OPERABILITY, USE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ROCHE AND ITS AFFILIATES HEREBY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE FOREGOING, ROCHE AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE APP OR ITS USE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL ROCHE OR ANY OF ITS AFFILIATES BE DEEMED TO BE ENGAGED, DIRECTLY OR INDIRECTLY, IN THE PRACTICE OF MEDICINE OR THE DISPENSING OF MEDICAL SERVICES.

UNDER NO CIRCUMSTANCES, AS A RESULT OF YOUR USE OF THE APP, WILL ROCHE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR THE USE OF THE APP.   

Intellectual Property Rights  

Except for the limited license and use rights expressly granted to you under these Terms, all title to and rights in the App, including any and all technology, software and content, including ownership rights to all patents, copyrights, trademarks, service marks, trade dress, trade secrets and other technology, including any derivatives of and all goodwill associated with the foregoing, are the exclusive property of Roche and/or its affiliates. Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Roche with respect to the App and/or Service shall be the sole and exclusive property of Roche. Roche shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Updates and Termination  

Roche may from time to time, in its sole discretion, develop and provide updates for the App, which may include upgrades, bug fixes and other error corrections and/or new features. Updates may also modify or delete in their entirety certain features and functionality.

Roche or any other third party appointed by Roche may terminate or modify your access to the App with or without notice to you, at any time for any reason.   

Modification  

Roche may, in its sole and absolute discretion, modify these terms in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Moreover, no additional acceptance from you would be required. Such modified terms shall supersede these terms and shall become binding when published on the App.

Acceptance of the these Terms  

By accessing and using the App, you affirm that:

• You are an Authorized User (as such term is defined herein)l;
• You have read and understood these Terms and the privacy notice (link);
• You will comply with these Terms and the privacy notice; and
• You are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts.