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GE Healthcare (hereinafter the
"Companies") respect individual privacy and value the confidence of
their customers, employees, clinical trial participants, consumers, business
partners and others. The Companies strive to collect, use and disclose personal
information in a manner consistent with the laws of the countries in which they
do business, and pride themselves on upholding the highest ethical standards
in their business practices. This Safe Harbor Privacy Policy (the "Policy")
sets forth the privacy principles that the Companies follow with respect to
personal information transferred from the European Union (EU) to the United
States.
SAFE HARBOR
The United States Department of Commerce and the European Commission have agreed
on a set of data protection principles and frequently asked questions (the "Safe
Harbor Principles") to enable U.S. companies to satisfy the requirement
under European Union law that adequate protection be given to personal information
transferred from the EU to the United States. Consistent with its commitment
to protect personal privacy, the Companies adhere to the Safe Harbor Principles.
SCOPE
This Safe Harbor Privacy Policy (the "Policy") applies to all personal
information received by the Companies in the United States from the EU, in any
format including electronic, paper or verbal.
DEFINITIONS
For purposes of this Policy, the following definitions shall apply:
"Agent" means any third party that collects or uses
personal information under the instructions of, and solely for, the Companies
or to which the Companies disclose personal information for use on their behalf.
"Amersham Biosciences" means Amersham Biosciences
Corp, Amersham Biosciences (SV) Corp, AG Technology Inc., InnovaSep Technology
Corp, and Praelux, Inc. dba Amersham Biosciences in the United States, as well
as Cimarron Inc.
"Amersham Health" means Amersham Health Inc. and
Medi-Physics, Inc. dba Amersham Health in the United States.
"Personal information" means any information or
set of information that identifies or is used by or on behalf of the Companies
to identify an individual. Personal information does not include information
that is encoded or anonymized, or publicly available information that has not
been combined with non-public personal information.
"Sensitive personal information" means personal
information that reveals race, ethnic origin, sexual orientation, political
opinions, religious or philosophical beliefs, or trade union membership, or
that concerns an individual's health. In addition, the Companies will treat
as sensitive personal information any information received from a third party
where that third party treats and identifies the information as sensitive.
"The Companies" means Amersham Biosciences, Amersham
Health and their respective successors, subsidiaries, divisions and groups in
the United States.
PRIVACY PRINCIPLES
The privacy principles in this Policy are based on the Safe Harbor Principles.
NOTICE: Where the Companies collect personal information
directly from individuals in the EU, it will inform them about the type of personal
information collected, the purposes for which it collects and uses the personal
information, and the types of non-agent third parties to which the Companies
disclose or may disclose that information, and the choices and means, if any,
the Companies offer individuals for limiting the use and disclosure of their
personal information. Notice will be provided in clear and conspicuous language
when individuals are first asked to provide personal information to the Companies,
or as soon as practicable thereafter, and in any event before the Companies
use or disclose the information for a purpose other than that for which it was
originally collected.
Where the Companies receive personal information from their
subsidiaries, affiliates or other entities in the EU, they will use and disclose
such information in accordance with the notices provided by such entities and
the choices made by the individuals to whom such personal information relates.
CHOICE: The Companies will offer individuals the opportunity
to choose (opt-out) whether their personal information is (a) to be disclosed
to a non-agent third party, or (b) to be used for a purpose other than the purpose
for which it was originally collected or subsequently authorized by the individual.
For sensitive personal information, the Companies will give
individuals the opportunity to affirmatively and explicitly (opt-in) consent
to the disclosure of the information to a non-agent third party or the use of
the information for a purpose other than the purpose for which it was originally
collected or subsequently authorized by the individual.
The Companies will provide individuals with reasonable mechanisms
to exercise their choices.
DATA INTEGRITY: The Companies will use personal information
only in ways that are compatible with the purposes for which it was collected
or subsequently authorized by the individual. The Companies will take reasonable
steps to ensure that personal information is relevant to its intended use, accurate,
complete, and current.
TRANSFERS TO AGENTS: The Companies will obtain assurances
from their agents that they will safeguard personal information consistently
with this Policy. Examples of appropriate assurances that may be provided by
agents include: a contract obligating the agent to provide at least the same
level of protection as is required by the relevant Safe Harbor Principles, being
subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor
certification by the agent, or being subject to another European Commission
adequacy finding. Where the Companies become aware that an agent is using or
disclosing personal information in a manner contrary to this Policy, the Companies
will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, the Companies
will grant individuals reasonable access to personal information that it holds
about them. In addition, the Companies will take reasonable steps to permit
individuals to correct, amend, or delete information that is demonstrated to
be inaccurate or incomplete.
SECURITY: The Companies will take reasonable precautions
to protect personal information in its possession from loss, misuse and unauthorized
access, disclosure, alteration and destruction.
ENFORCEMENT: The Companies will conduct compliance
audits of its relevant privacy practices to verify adherence to this Policy.
Any employee that the Companies determine is in violation of this policy will
be subject to disciplinary action up to and including termination of employment.
DISPUTE RESOLUTION: Any questions or concerns regarding
the use or disclosure of personal information should be directed to the Companies'
Privacy Office at the address given below. The Companies will investigate and
attempt to resolve complaints and disputes regarding use and disclosure of personal
information in accordance with the principles contained in this Policy. For
complaints that cannot be resolved between the Companies and the complainant,
the Companies have agreed to participate in the dispute resolution procedures
of the panel established by the European data protection authorities to resolve
disputes pursuant to the Safe Harbor Principles.
LIMITATION ON APPLICATION OF PRINCIPLES
Adherence by the Companies to these Safe Harbor Principles may be limited (a)
to the extent required to respond to a legal or ethical obligation; and (b)
to the extent expressly permitted by an applicable law, rule or regulation.
CONTACT INFORMATION
Questions or comments regarding this Policy should be submitted to the following
person by mail as follows:
GE Healthcare Life Sciences
800 Centennial Avenue
Piscataway, NJ 08855-1327
Attention: VP of Human Resources
Telephone: 732-457-8176
Facsimile: 732-457-8165
GE Healthcare
101 Carnegie Center
Princeton, NJ 08540
Attention: VP of Human Resources
Telephone: 609-514-6641
Facsimile: 609-514-6569
CHANGES TO THIS SAFE HARBOR PRIVACY POLICY
This Policy may be amended from time to time, consistent with the requirements
of the Safe Harbor Principles. A notice will be posted on the he Companies'
web pages (www.amershambiosciences.com and www.amershamhealth.com) for sixty
(60) days whenever this Safe Harbor Privacy Policy is changed in a material
way.
EFFECTIVE DATE: April 11, 2003
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