For the transfer of personal information from the EEA and Switzerland to any countries not recognized by the European Commission as providing an adequate level of data protection according to EEA standards, we have implemented adequate measures to protect the personal information, such as by ensuring the recipient is bound by standard contractual clauses (“SCCs”) adopted by the European Commission. If you are located in the EEA or Switzerland, you can request more information about these measures by contacting us at the address or email address in the “Contact Information” section below.
Standard Contractual Clauses Framework
Mirati has entered into contractual relationships that adhere to the SCCs as adopted by the European Commission regarding the processing of personal information transferred from organizations in the European Union and Switzerland to the U.S. To learn more about data transfers under the SCCs click here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.
The SCCs cover both “personal information,” which means any information from which an individual can be directly or indirectly identified, as well as “sensitive personal information,” which means personal information revealing an individual’s racial or ethnic origin, political opinions or membership of political parties or similar movements, religious or philosophical beliefs, membership of a professional or trade organization or union, physical or mental health, including any opinion thereof, sex life, and, where permitted by applicable law, criminal offences and alleged offences, criminal records or proceedings with regard to criminal or unlawful behavior. Where the individual is based in Switzerland, the definition of sensitive personal information also includes personal information revealing an individual’s ideological views or activities, information on social security measures or administrative or criminal proceedings and sanctions, which are treated outside pending proceedings.
The SCCs apply to personal information both in electronic or paper form, including personal information and sensitive personal information from agents, consultants, contractors, vendors, service providers, business associates, healthcare professionals, patients, clinical study participants and others.
Mirati shall remain liable under the SCCs if an agent uses or discloses personal information received from Mirati in a manner inconsistent with the SCCs, unless Mirati proves that it is not responsible for the event giving rise to the damage.
With respect to personal information transferred or received pursuant to the SCCs, Mirati is subject to the investigatory and enforcement powers of various privacy protection authorities. In certain instances, Mirati may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.