In the regular course of business, Gilead Sciences Canada, Inc. and its successors (together referred to as “Gilead”) interacts and communicates directly with health care professionals, customers, clinical trial participants, consumers, business partners, regulatory authorities, and others. Through these interactions and communications, personal information may be provided to Gilead and collected, stored, used or disclosed electronically and/or manually. Gilead respects individual privacy and values the confidence of such individuals. This Privacy Statement sets forth Gilead's privacy principles with respect to Personal Information that Gilead follows in its normal course of business to keep Personal Information private and secure.
Gilead will collect, use and disclose Personal Information only in accordance with the principles outlined in this Privacy Statement and legal requirements.
This Privacy Statement applies to Personal Information received by Gilead (including Personal Information received by third-party organizations acting as Gilead's Service Providers) from health care professionals, customers, clinical trial participants, consumers, business partners, and other individuals, in any format, including electronic and paper, as part of Gilead's business operations. Types of third-party organizations include Gilead Affiliates and business partners and Service Providers.
For the purposes of this Privacy Statement, the following definitions shall apply:
“Affiliate” means any third party that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with Gilead.
"Gilead" means Gilead Sciences Canada, Inc. and its successors.
“Personal Information” means any information or set of information about an identifiable individual. Identification of an individual can be either direct or indirect and can be made by or on behalf of Gilead.Personal Data does not include (i) any information that is anonymized, or non-personal information that has not been combined with Personal Data to allow identification of an individual or (ii) an individual's name, business title, business address, business e-mail, and business telephone number in his/her capacity as an employee of an organization.
“Pseudonymization” means the modification of Personal Information in such a manner that such information can no longer be attributed to a specific individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal information is not attributed to an individual.
“Service Provider” means any consultants and contractors (including temporary employees) that collect or use Personal Information under the instruction of, and solely for, Gilead or to which Gilead discloses Personal Data for use on Gilead’s behalf,who are providing or have provided consulting or contracting services to Gilead.
Gilead Privacy Statement
The collection, storage, use, and disclosure of Personal Information in the business context is essential to the conduct of many of Gilead’s business functions. Gilead may collect, store, use, and disclose Personal Information from individuals directly and/or, where Gilead has obtained the individuals’ consent to do so or as otherwise required or permitted by law, from third parties.
PURPOSE FOR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
Gilead collects, uses and discloses Personal Information where you consent to us doing so. However, there are a number of instances where Gilead does not require your consent to engage in the collection, use or disclosure of Personal Information. Gilead may not solicit your consent for the collection, use or disclosure of Personal Information for those purposes which have a statutory basis, such as:
- to protect your health or safety;
- to investigate a breach of an agreement or a contravention of the law; or
- to meet requirements imposed by applicable law.
Gilead collects, uses and discloses your Personal Information in its normal course of business, including for the following purposes:
- Establishing and maintaining communications with you;
- Conducting clinical trials in which you have agreed to participate;
- Providing you with disease management, education, or decision support systems that you have requested relating to the use of Gilead products or services;
- Where you have requested a service from Gilead, assisting you in the completion of your application, the assessment of your eligibility for any such requested service, the processing and maintenance of the service, as well as any applicable renewal of such service (including patient support program services for consumers who use Gilead products);
- Responding to your inquiries about applications, clinical trials and other services;
- Making proposals for future service needs;
- If you allow us to, notifying you of certain products or services offered by our Affiliates;
- Meeting legal, security, processing, and regulatory requirements;
- Protecting against fraud, suspicious or other illegal activities; and
- As otherwise permitted by law.
Gilead may also modify your Personal Information to remove identifiers and then combine this information with the information of others to generate aggregated information ("Aggregate Information") which is used to compile statistics for analysis of our sites and our business.
Gilead sometimes uses service providers (including Affiliates) who assist Gilead with its business activities related to the purposes for which Personal Information was collected.Such Service Providers may include, but are not limited to, Service Providers that administer Gilead's email subscriptions and requests for information, or provide services (including patient support program services). Gilead requires such Service Providers to keep Personal Information confidential and to use or disclose Personal Information only to perform functions for Gilead and in accordance with this Privacy Statement.Because a number of the Service Providers we use to fulfill the purposes mentioned above are located outside of Canada (including in the United States), your Personal Information will be used and stored in those other countries where local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Information under circumstances that differ from those in Canada.
Gilead will use Personal Information only in ways that are compatible with the purposes for which it was collected, or consented to by you.
WHAT DATA WE COLLECT
When interacting with Gilead, you may choose to provide us with Personal Information to help us serve your needs. The Personal Information that we collect will depend on how you choose to interact with Gilead.
Where you participate in Clinical Trials
If you participate in a clinical trial with Gilead, or one of our business partners, we will collect Personal Information about you as is necessary to fulfill the purpose of the clinical trial as described in the informed consent form that you sign when you agree to participate in the clinical trial. This can include biological and medical information about you. However, Personal Information will be Pseudonimized, as appropriate, to both protect your privacy as well as maintain the integrity of the clinical trial.
Where you request information about our products or services
If you request information about our products or services, we require you to submit your name, e-mail address (if you wish to communicate with Gilead by e-mail), the name of your organization (as applicable), and the country in which you are based so we may send you the material you have requested, and to enable us to identify whether you have an existing relationship with Gilead.
Where you register with us and/or request services
If you register with us, or request a service, we may ask you for your name, address, country, telephone number, e-mail address (if you wish to communicate with Gilead by e-mail) and the reason for your communication; as well as information about your position, organization (as applicable), and such other information as is reasonably necessary so that we can provide you with the service. On the data submission form, we shall indicate by way of an asterisk, which information is optional and which information is mandatory. This information can include information you provide on applications or other forms, which may include your name, address, email address, and payment information.
Individuals should not provide Gilead with any Personal Information that is not specifically requested. Where Gilead receives Personal Information from third parties, including its Affiliates, Service Providers, it will use or disclose such Personal Information in accordance with the above procedures.
Gilead may modify Personal Information to remove identifiers and consolidate or aggregate such data in a non-identifiable form (anonymized/Pseudonymized data) to help Gilead improve product design and services, to enhance Gilead’s research activities, and to facilitate other business functions.
DISCLOSURE OF INFORMATION TO OTHERS
We do not disclose any Personal Information about you to any third parties except as stated in this Privacy Statement or as otherwise permitted or required by law, or authorized by you.
Third parties to whom we disclose information are required by contractual undertakings to keep your Personal Information confidential and secure; and to use and disclose it for the purposes for which the Personal Information was collected as outlined in this Privacy Statement.
These third parties cannot use your Personal Information for any other purpose without your consent unless required by law.
In the normal course of performing services for our clients, Personal Information may be shared within Gilead and its Affiliates for research and statistical purposes, drug safety and efficacy purposes, disease management, system administration and crime prevention or detection, or any purpose otherwise identified in this Privacy Statement.
As we continue to develop our business, Gilead may also use or disclose Personal Information, in accordance with applicable law, in connection with a contemplated or actual reorganization of its business, when seeking financing or in connection with an assignment, sale, or other transaction involving the disposal of all or part of its business or assets, including for the purpose of permitting the parties to conduct due diligence so as to determine whether a transaction should proceed and on completion of the transaction. In any assignment or sale, the assignee or purchaser may use and disclose Personal Data collected by Gilead for substantially the same purposes as described in this Privacy Statement. However, the third party will only be able to use and disclose the Personal Information for the same purposes for which Gilead used and disclosed the Personal Information.
Other Legally Required Disclosures
Gilead reserves the right to disclose without your prior permission any Personal Information if Gilead has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of Gilead, employees or the public; (b) enforce Gilead's legal rights; or (c) as required by a legally valid request from a competent governmental authority and/or to comply with a judicial proceeding, court order, or legal process. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.
Where Gilead relies on consent for the collection, use and disclosure of Personal Information, the opportunity to consent will be provided prior to when the Personal Information in question is collected. Your consent may be given through your authorized representative such as a legal guardian, agent, or holder of a power of attorney. Where Gilead relies on consent, you will be entitled to withdraw that consent at any time.
Gilead will not disclose your Personal Information to third parties except as otherwise stated in this Privacy Statement or otherwise notified to you.
Gilead has implemented reasonable physical, technical and managerial controls and safeguards to keep your Personal Information protected from unauthorized access, disclosure, alteration, and destruction. Such measures may include, but are not limited to: encryption of communications, use of access controls and similar security protocols.
Access to Personal Information is limited to those Gilead employees whose duties reasonably require such information and Gilead's Service Providers.
Gilead will only store Personal Information for as long as it is needed to fulfill the purposes for which it was collected, subject to applicable data retention periods imposed upon Gilead by applicable law. This may mean that your Personal Information is stored by Gilead for a number of years, depending on the purpose and need for that data to be processed.
You may request access to Personal Information that Gilead holds about you, which access may be subject to certain legal exceptions. In addition, you may request correction of Personal Information that is demonstrated to be inaccurate or incomplete or to request deletion of Personal Information, subject to certain exceptions provided by law.
Any questions or concerns regarding handling of Personal Information by Gilead should be directed by email to email@example.com
Alternatively, letters may be sent to the following address:
Gilead Sciences Canada, Inc.
6711 Mississauga Road, Suite 600
Mississauga, Ontario L5N 2W3
Changes to Gilead privacy statements
Gilead reserves the right to amend this Privacy Statement from time to time to reflect technological advancements, legal and regulatory changes, and Gilead’s business practices, subject to applicable laws. If Gilead changes its privacy practices, an updated version of this Privacy Statement will reflect those changes. Gilead will provide notice of such changes by updating the effective date listed on this Privacy Statement. It is your responsibility to check this Privacy Statement frequently to view any amendments. Your continued interaction with Gilead, in the activities covered above, will be subject to the then-current Privacy Statement.
Last Updated: September 10, 2018