1.1 Introduction

The right of access plays an integral role in the General Data Protection Regulation (GDPR). This allows the Data Subject to act on further rights including but not limited to the request to correct Personal Information, to restrict the processing activities thereof or request for the Personal Information to be Erased or ‘forgotten’.

The Controller of the data should thus make every effort to provide the Data Subject with the requested information as detailed in Article 15 of the GDPR. It is important to note that in some instances, specifically when it comes to Clinical Trial related activities, nuvoteQ will assume the role of the Processor of the data and would thus be obliged to notify the Client of any such Subject access requests before exercising any further duties.

1.2 Availability of the nuvoteQ GDPR Manual and Entry Point for requests

This document serves as the nuvoteQ GDPR – Right of Access, Correction, Restriction of Processing and Erasure of Personal Data Manual (“the GDPR Manual” and/or “Manual”) in accordance with the General Data Protection Regulation to facilitate access to records held by nuvoteQ.

The Controller of the data should thus make every effort to provide the Data Subject with the requested information as detailed in Article 15 of the GDPR. It is important to note that in some instances, specifically when it comes to Clinical Trial related activities, nuvoteQ will assume the role of the Processor of the data and would thus be obliged to notify the Client of any such Subject access requests before exercising any further duties.

• This Manual is available for inspection at the offices of nuvoteQ, free of charge.
• A copy of this Manual is available to any person of the public in a PDF (“Portable Document Format”) version on request from the Data Protection Officer referred to in this Manual.

Note: The Manual may be amended from time to time and as soon as any amendments have been finalised, the latest version can be made available.

In summary the Manual provides information on the:

• Contact details of the Data Protection Officer.
• Procedure that needs to be followed and criteria that must be met by a requestor to request access, correction, restriction of processing or erasure of a record.

1.3 Who may request access to the information?

The General Data Protection Regulation (GDPR), under Article 15, gives individuals the right to request a copy of any of their Personal Information which are being processed. These requests are often referred to as “Data Subject Access Requests”, or “Access Requests”.

Requestors may make a request as:

• A personal requestor (Data Subject) who requests a record about him/herself.
• A third-party requestor who requests a record about someone else with that person’s consent and where it is required for the protection of that person’s legal right.
  • It fulfils the requirements of procedural compliance;
  • The record is required for the exercise or protection of a right;
  • No grounds for refusal exist.

1.4 Contact Details of nuvoteQ Data Protection Officer

The Chief Executive Officer of nuvoteQ has delegated his powers to the Data Protection Officer below in terms of GDPR to handle all requests on nuvoteQ’s behalf and ensure that the requirements of GDPR are administered in a fair, objective, and unbiased manner.

nuvoteQ contact details:
Data Protection Officer: Marina Lazaridis
Deputy Data Protection Officer: Ricky Haug

Physical Address
47 Hazelwood Rd, Hazelwood, Pretoria, 0081, South Africa
Email: marina@nuvoteq.io
Email: ricky@nuvoteq.io

1.5 Policy regarding Confidentiality and Access to Information

nuvoteQ will protect the confidentiality of information provided to it by third parties (OP-GM-03, PC-HR-01, PC-GM-03), subject to nuvoteQ’s obligations to disclose information in terms of any applicable law or a court order requiring disclosure of the information. If access is requested to a record that contains information about a third party, nuvoteQ is obliged to attempt to contact this third party to inform them of the request. This permits the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied. In the event that the third party furnishes reasons for the support or denial of access, the Data Protection Officer will consider these reasons in determining whether or not access should be granted.

2.1 Scope

This Manual has been prepared in respect of the nuvoteQ organisational structure, (as applicable).

The scope of this Manual will serve to provide a reference regarding the records held by nuvoteQ at its registered office and other applicable business premises.

2.2 nuvoteQ Group of Companies Profile and Structure

nuvoteQ is a South African based and registered Company providing global software solution services to CROs (and other companies within the Healthcare industry) as well as other industry organisation(s).

Additional information on nuvoteQ is available on the website nuvoteQ.io.

6.1 Guidance on Completion of Prescribed Access Form:

In the event that nuvoteQ is not the Controller of the Personal Information, the company is obliged to inform the Controller (Client) in writing of:

• Any legally binding request for the disclosure of Personal Information by a law enforcement authority unless otherwise prohibited (to preserve the confidentiality of a law enforcement investigation).
• Any accidental or unauthorised access to Personal Information.
• Any request received directly from the Data Subject, without responding to that request.

Under these circumstances, nuvoteQ should follow the instructions as detailed in the Client’s (Controller) procedural documents or as communicated by their nominated DPO.

However, for nuvoteQ to facilitate any access to a record, the attached prescribed “Data Subject Access Request Form” (ML-GM-02 v00 TPL-1.0) should be completed by the Data Subject themselves or the Requestor. Please take note that the prescribed access form must be completed in full, failure to do so will result in the process being delayed until such additional information is provided. nuvoteQ will not be held liable for delays due to receipt of incomplete forms.

Due cognisance should be taken of the following instructions when completing the “Data Subject Access Request Form” because the Data Protection Officer shall not process any request for access to a record until satisfied that all requirements have been met:

• The nuvoteQ “Data Subject Access Request Form” has been submitted in writing.
• Proof of identity has been provided to authenticate the requestors identify. If the requestor is the Controller of the data, the requestor shall provide proof of the identity of the person on whose behalf the request is made and authorisation (consent) from the Data Subject to act on their behalf.
• Type or print in BLOCK LETTERS an answer to every question.
• If a question does not apply, state “N/A” in response to that question.
• If there is nothing to disclose in reply to a particular question, state “nil” in response to that question.
• If there is insufficient space on a printed form in which to answer a question, additional information may be provided on an additional attached folio.
• When the use of an additional folio is required, precede each answer thereon with the title applicable to that question.
• Any other supporting documents or justification has been attached (where applicable).

6.2 Submission of Prescribed Access Form

The completed “Data Subject Access Request Form” must be submitted via email and addressed to the designated nuvoteQ Data Protection Officer.

6.3 Notification

nuvoteQ will within one-month of receipt of the request decide whether to grant or decline the request and give notice with reasons (if required) to that effect.

The one-month period within which nuvoteQ must decide whether to grant or refuse the request, may be extended for a further period of not more than two months, taking into consideration the number and complexity of requests received. nuvoteQ will notify the requestor in writing should an extension be sought.

If the request for access to a record is successful, the requestor will be notified of the form in which the access will be granted. If the request for access to a record is not successful, the requestor will be notified of the reasons for the refusal and their right to lodge a complaint with the supervisory authority.

Note: If nuvoteQ is not the Controller of the data, every effort should be made to respond to the Controller well in advance of the one-month to assist with the fulfilment of their timed obligation to respond to requests from the Data Subject.

7.1 Guidance on Completion of prescribed Correction, Restriction of Processing or Erasure Request Form

In the event that nuvoteQ is not the Controller of the Personal Information, the company is obliged to inform the Controller (Client) in writing of:

• Any legally binding request for the correction, restriction of processing or Erasure of Personal Information by a law enforcement authority unless otherwise prohibited (to preserve the confidentiality of a law enforcement investigation).
• Any accidental or unauthorised correction or Erasure of Personal Information.
• Any request received directly from the Data Subject, without responding to that request.

Under these circumstances, nuvoteQ should follow the instructions as detailed in the Client’s (Controller) procedural documents or as communicated by their nominated DPO.

However, for nuvoteQ to facilitate any request to correct, restrict processing of or erase Personal Information records, the attached prescribed “Correction, Restriction of Processing or Erasure Request Form” (ML-GM-02 v00 TPL-2.0) should be completed by the Data Subject themselves or the Requestor. Please take note that the prescribed form must be completed in full, failure to do so will result in the process being delayed until such additional information is provided. nuvoteQ will not be held liable for delays due to receipt of incomplete forms.

Due cognisance should be taken of the following instructions when completing the “Correction, Restriction of Processing or Erasure Request Form” because the Data Protection Officer shall not process any such request until satisfied that all requirements have been met:

• The nuvoteQ “Correction, Restriction of Processing or Erasure Request Form” has been submitted in writing.
• Proof of identity has been provided to authenticate the requestors identify. If the requestor is the Controller of the data, the requestor shall provide proof of the identity of the person on whose behalf the request is made and authorisation (consent) from the Data Subject to act on their behalf.
• Type or print in BLOCK LETTERS an answer to every question.
• If a question does not apply, state “N/A” in response to that question.
• If there is nothing to disclose in reply to a particular question, state “nil” in response to that question.
• If there is insufficient space on a printed form in which to answer a question, additional information may be provided on an additional attached folio.
• When the use of an additional folio is required, precede each answer thereon with the title applicable to that question.
• Any other supporting documents or justification has been attached (where applicable).

7.2 Submission of Prescribed Correction, Restriction of Processing or Erasure Request Form

The completed “Correction, Restriction of Processing or Erasure Request Form” must be submitted via email and addressed to the designated nuvoteQ Data Protection Officer.

7.3 Notification

nuvoteQ will within one-month of receipt of the request action the request accordingly. The one-month period within which nuvoteQ must decide to grant or refuse the request, may be extended for a further period of not more than two months, taking into consideration the number and complexity of requests received. nuvoteQ will notify the requestor in writing should an extension be sought.

If the request to correct, restrict processing or erase records is successful, the requestor will be notified accordingly. If the request is unsuccessful, the requestor will be notified of the reasons for the refusal and their right to lodge a complaint with the supervisory authority.

Note: If nuvoteQ is not the Controller of the data, every effort should be made to respond to the Controller well in advance of the one-month to assist with the fulfilment of their timed obligation to respond to requests from the Data Subject.