CC-7173/ Febrero 2024
In compliance with the obligations set forth in the Law for the Promotion of Competition and Effective Consumer Protection and related duties pertinent to the disclosure of objective and truthful information in publicity that takes place and has to do with offers and promotions, with a view to guaranteeing that consumers are not negatively affected by misleading advertising, nor incur in unfair competition, ASTRAZENECA CAMCAR COSTA RICA SOCIEDAD ANONIMA, a corporation organized and existing pursuant to the laws of the Republic of Costa Rica, bearer of corporate registration number 3-101-504452 (hereinafter referred to as the “Organizer”), hereby discloses to the general public, for all purposes corresponding to the law, that the Regulations for the Program “Celebrate Life: Oncology & Immunology” (the “Regulations”) shall be governed pursuant to Costa Rican legislation and in accordance with the following clauses:
FIRST – OBJECTIVE AND OVERVIEW:
The objective of the Patient Support Program is to support patients’ adherence to the medical treatments for different illnesses, offering benefits to patients users of our products. The benefits are detailed in these Regulations, which include, but are not limited to, the delivery of information on the management of their medical condition and forwarding of digital and physical educational materials, as well as any other type of assistance that fosters commitment and adherence to medical treatments with the purpose of improving the quality of life for patients.
These Regulations define and clarify the conditions that shall govern the Program “Celebrate Life: Oncology & Immunology” (hereinafter referred to as the “Program”). The provisions herein shall be of compulsory observance for the Patients and the Organizer. It is understood that whoever participates, is well informed and accepts the conditions and limitations set forth in these Regulations. The participation in the Program implies that a Patient’s decision has been made to comply with and observe the Organizer’s rules and decisions, which shall have a binding nature in all matters pertaining to the Program, as well as in the conditions of use of its digital platform and policies on the use and withholding of the Patients’ sensitive and personal information.
Any violation by the Program’s participants of said conditions, or of the procedures or systems set forth for the execution of the Program, shall result in the participants’ immediate exclusion and/or the reversal of the corresponding benefits.
SECOND – ON THE ORGANIZER:
ASTRAZENECA CAMCAR COSTA RICA S.A. is the company organizing the Program and is the sole responsible for it, who in turn, of its free choice, may recruit third parties for purposes of managing and/or providing some of the services that are a part of the Program.
THIRD – THE PATIENTS:
Any person to whom their respective physicians have prescribed any of the following products: SYNAGIS®, ZOLADEX®, FASLOLEX®, LYNPARZA®, TAGRISSO®, IMFINZI® FASENRA®, CALQUENCE®, is entitled to participate in the Program, hereinafter referred to as “Patient(s)”, provided they comply with all of the following requirements:
I- That the person is over the age of eighteen; or else, in the case of a minor, that he or she may participate through whomever holds the Parental Authority or Guardianship of the minor.
II- That the person wishes to participate voluntarily in the Program, and in case of a minor, his or her guardian must voluntarily carry out the registration process.
III- That the person registers in the Program through the telephone numbers or web page provided by the Organizer for that purpose, accepting the conditions set forth in these Regulations.
IV- That the person accepts the terms and conditions of the Program and has provided his or her informed consent.
V- That the person accepts the policies on the use and withholding of the personal information and sensitive information of the participants.
FOURTH – TERM:
The term to participate in the Program Celebrate Life begins in September 2020, and its minimum deadline shall be one year; nonetheless, the Organizer may extend or reduce this term unilaterally at any given time.
FIFTH – GEOGRAPHIC COVERAGE:
The Program is valid for Central America and the Caribbean, specifically in the following jurisdictions: Barbados, Bahamas, Bermudas, Cayman Islands, Trinidad & Tobago, Dominican Republic, Guatemala, Jamaica, Panama, Costa Rica, El Salvador, Honduras, Nicaragua, hereinafter referred to as “the Territory.” It shall be the responsibility of the Patients in the Program to verify the limitations set forth for the Program within these Regulations.
SIXTH – COMMUNICATIONS CHANNELS:
The Program offers to provide further information to Patients on the Program at the following telephone numbers:
Costa Rica: +506 4000-2089
Other countries: +506 7201-0838
Patients may always look up the updated version of these Regulations, as well as any and all information concerning the Program in the website https://disfrutomisalud.com/ReglamentoOnco. Any question or feedback on the Program, or any other topic concerning it, may be directed to the telephone number listed in this clause.
SEVENTH – LOGISTICS:
Anyone wishing to participate in the Program must be Patients who have been prescribed a treatment with any of the products listed in clause three hereunder, and have been registered in it through the telephone number or website mentioned in clause six hereunder, or else, through any other channel that the Organizer may have set up for this purpose, accepting the terms and conditions established herein.
To be able to have access to the benefits hereto, Patients shall:
I- Register with the Program.
II- Be able to submit his or her identification card number every time he or she wishes to receive any benefit.
III- Accept being contacted by the person in charge of the Program’s assistance service (nurse).
In order to have access to the benefits offered by the Program, the Patient must coordinate with the Organizer through the telephone number or website that the Organizer has set up for this purpose, and comply with the terms and conditions set forth in these Regulations.
EIGHTH – PATIENT’S RESPONSIBILITIES:
The Patients under the Program are responsible for:
a. Any improper use by third parties of the information delivered to the Patient.
b. Submit his or her identity card number every time he or she makes use of any of the Program’s benefits.
c. Report through the channels set up by the Organizer any Adverse Event that may have been generated by the intake of any product of the Organizer, even if such product were not under the Program.
d. Fully and accurately comply with your physician’s instructions and prescriptions, including, but not limited to, the terms and doses of the prescribed medications.
e. The use and consumption that the Patients have of the products related to the Program, which shall be the exclusive responsibility of the Patient and the treating physician.
f. Register through the Call Center or the web page of the Patient Program, as well as register through one of the channels set forth in clause six, with all the true data requested by the Patient Program. Furthermore, he or she must update the information in the event any information should change within the term that he or she is participating in the Program.
NINTH – PROHIBITION:
I. The transfer of benefits to third parties.
TENTH – PROGRAM BENEFITS:
The Program benefits may vary by brand and country, in accordance with the location of the Patient and the treatment involved; thus, not all benefits are available at all jurisdictions that make up the Territory.
• Follow-up appointments with Patients on the part of specialists, either virtually or on site.
• Evaluation of the Patient’s needs for subsequent support.
• Delivery of educational material.
• Reminders for the intake of medication.
• Reminders of appointments.
• Report of adverse events.
• Evaluation of satisfaction with the services of the Patient Support Program.
• Psychological consultations.
• Group workshops and Patient lectures.
• Promotional products.
• Transportation to medical centers.
The aforementioned services shall be provided by the Organizer whenever it is able to do so. The Organizer is not liable for, nor does it guarantee, availability and frequency of the services, nor is it liable for the lack of availability of any of the aforementioned services at any given time during the Program.
ELEVENTH – ORGANIZER’S RESPONSIBILITY:
The Organizer shall only be responsible for that indicated in these Regulations.
The Organizer shall deem as beneficiary of the advantages of the Program, including the right to the benefit set forth herein, a physical person to whom these were assigned, having adhered to all the requirements set forth in these Regulations.
The Organizer does not assume any type of direct or indirect responsibility for damages incurred due to acts of God, force majeure, or actions by third parties, as well as for any lack of compliance on the part of the Patients to that set forth in an updated version of these Regulations, to be disclosed in the Program’s website.
TWELFTH – INFORMED CONSENT TO MEDICAL TREATMENT:
The Patient hereby states that he or she was previously informed, in an clear and appropriate manner, of the following aspects relative to the Program, regarding which he states to be in agreement with the following:
That he or she has been informed of the conditions and benefits of the Program of ASTRAZENECA CAMCAR COSTA RICA SOCIEDAD ANONIMA (hereinafter referred to as “AstraZeneca”), and that he or she is entitled to participate in the Program as long as the treating physician has previously prescribed any of the medications listed herein.
A health care professional shall instruct him or her on the disease and its treatment, according with the prescription made by the treating physician.
During the development of the Program, the Patient may receive beginning medication treatments prescribed by his treating physician. Notwithstanding the above, the Program, being a support Program, is not of a commercial nature, thus does not imply a commitment between the treatment’s production company, the Patients, and the medical staff; it is based on the ethical guidelines respecting medical decisions. In any event, the Patient hereby authorizes, in the course of the Program, that information relative to the medication he or she has been prescribed, be forwarded to him or her, as well as any useful feature related to the adequate use of the medication.
Furthermore, the Patient has been informed that in the course of the Program he or she may receive an occasional transportation service provided to Patients prescribed with the medications under this Program, in order to facilitate their assistance to medical appointments, as well as the filing of documents before the different institutions and follow-up tests.
The Patient may have partial or total access to the aforementioned support activities, as long as these are a part of the activities approved by the Program for the treatment or medication prescribed by his or her treating physician.
The Patient hereby states that he or she is interested in participating in the Program in order to receive total or partial benefits to be received from the Program, and that he or she fully understands and recognizes that the activities undertaken in the Program do not replace your doctor’s diagnosis, recommendations, and/or treatments prescribed. Likewise, the Patient understands that the Program seeks to guide and inform Patients, their families, and the health group, on the appropriate use of the prescribed medications, provide information and education on the illness, and provide information and education on the pathology.
The Patient understands and recognizes that he or she has been informed that the Program is undertaken through a third party contracted by AstraZeneca, and that the Program may be suspended or terminated at any time, without this decision having an impact or affecting his or her treatment or the relationship with his or her physician, which would leave no possibility for the Patient to file a claim against AstraZeneca.
The Patient understands that the Program, being a support Program, is not of a commercial nature, thus it does not imply a commitment between the laboratory, the physician, and the Patient, and is based on the ethical guidelines, always respecting medical criteria.
The Patient understands that the term “Adverse Event” (AE) means any unwanted medical condition that is generated as a result of the intake of a medication or submitting to a medical test; and that he or she has also been informed that he or she may report to his or her treating physician of any AE related to any product by AstraZeneca that he or she may have used.
THIRTEENTH – MODIFICATIONS:
The Organizer reserves the right to modify at any time the Program, the list of participating products, or any other characteristic, document, process or logistics of the Program at any time, with the sole obligation of communicating any change through the Program’s website, and if necessary, to reflect such changes in these Regulations.
FOURTEENTH – SUSPENSION OF THE PROGRAM:
The Organizer reserves the right to suspend the Program at any time, either partially or totally, temporarily or permanently, at any time, with the sole obligation of communicating the above through the Program’s website.
Furthermore, it reserves the right of cancelling any Patient’s affiliation to the Program, in case it is verified that a fraudulent assignment or claim of benefits has taken place.
Any deception, fraud or forgery that in any way may hinder the normal performance of the Program, and any actions that at the discretion of the Organizer may prove to be illegal or prohibited, pursuant to that set forth herein and/or the applicable legislation, and that may cause damages to the Program or its organizers, may be the subject of legal proceedings under the corresponding laws.
FIFTEENTH – LEGAL ENTITIES OR INSTITUTIONS:
The participation of legal entities in the Program under the category of Patients is not permitted.
Should any social welfare institution or organization helping patients to obtain their medications wish to participate in the Program or wish to transfer the benefits of the Program to their patients, it may contact the Organizer. The Organizer reserves the right of providing or denying, in a partial or total manner, the benefits of the Program to organizations, foundations, or institutions of this type.
SIXTEENTH – PROPERTY OF THE INFORMATION:
The Patients hereby give their informed authorization and consent to provide access to their information and inclusion in the systems located in any country worldwide, should the Organizer so desire, during the term of the Program and up to a period of seven years after the end of the Program, also authorizing the use of such information, designated for these purposes by the Organizer, for any purpose allowed by the corresponding legal system, including but not limited to, sharing information with the physicians for the monitoring of the treatment, with the institutions where the Patient is being treated, or with third parties who, at the Organizer’s criteria, should be knowledgeable of this information for the benefit of the Patient and/or his or her treatment.
At the same time, the Patient shall be allowed access to his or her information, provided he or she requests it. Notwithstanding the above, it is understood that the Organizer shall not have direct access to the personal information that permits the identification of Patients, but such information, for purposes of the Program, shall be managed by third parties contracted for these purposes by the Organizer.
In addition, Patients authorize the Organizer to send text messages, e-mails, regular mail, or notices through any other available channel, related to the Program, to the mobile phones and/or addresses reported in the data base, as well as to make calls for the following purposes:
• Communicate relevant changes that may affect the Patient.
• Update the Patient’s information.
• Coordinate the delivery of a benefit requested by the Patient.
• Provide face-to-face or digital guidance through health care professionals.
• Other topics concerning the Program.
The Organizer shall place at the disposal of the Patient the appropriate channels to request the exclusion of his or her data from the Program’s contact lists, in which case, he or she may lose the right to participate in the Program, at the discretion of the Organizer.
The Patient hereby confirms that he or she has received all the required information concerning the protection and treatment of his or her personal data.
SEVENTEENTH – APPLICABILITY OF THE REGULATIONS:
The entirety of these Regulations shall be applied equally to all Patients in the Program.
Non-compliance with any of the clauses of these Regulations may lead to the exclusion of the Patient from the Program and the loss of all pending benefits to be redeemed, at the discretion of the Organizer.
EIGHTEENTH – RELATIONSHIP BETWEEN THE PARTIES:
No provision under the Program should be construed as the creator of a relationship between the parties different to that which arises from the implementation of the Program.
No Patient or beneficiary of the advantages of the Program, just because of their status, acquires the condition of the Organizer’s employee, representative or agent.
NINETEENTH – DATA PROTECTION:
The Patient’s data shall be stored and kept in accordance with the informed consents requested for each case in particular. Notwithstanding the above, for the purposes of these Regulations, in general we hereby state the following to the Patient:
The data shall be kept by ASTRAZENECA CAMCAR COSTA RICA SOCIEDAD ANONIMA, with offices in San Rafael de Escazú, Roble Corporate Center, 5th floor, corporate registration number 3-101-504452 (hereinafter referred to as the “Responsible Institution.”
The Responsible Institution shall use those data for the purposes pursued in this Program, and other ends to be informed in the consents given, under the guidelines of the Law No. 8968, on the Protection of Physical Persons with regard to the Processing of their Personal Data, and its Regulations.
It is strictly forbidden to store or process personal data belonging to Patients without the corresponding consents being issued.
Should you have any doubts with regard to the policies governing the processing of data by the Responsible Institution, kindly contact us at the e-mail address email@example.com
TWENTIETH – PUBLICATION OF THESE REGULATIONS:
A copy of these Regulations shall be made available to all Patients under the Program at the following website: https://disfrutomisalud.com/ReglamentoOnco
Any doubt or consultation regarding the scope and interpretation of these Regulations, or to request a digital copy of it, may be carried out by calling the number or visiting the website placed at Patients’ disposal by the Organizer for this purpose. The information provided does not alter nor modify these Regulations.
ASTRAZENECA CAMCAR COSTA RICA S.A.