Gilead Sciences Canada, Inc. Privacy Statement

This Privacy Statement explains how Gilead Sciences Canada, Inc.(ā€œGSCIā€) handles Personal Information in connection with its products, services, apps, and websites both online and offline (collectively, the ā€œServicesā€). This Privacy Statement applies to all Personal Information received and processed by GSCI. ā€œPersonal Informationā€ means any information or set of information about an identifiable individual, which can be either direct or indirect, and can be collected by or on behalf of GSCI. It does not include business contact information that GSCI may use to contact you in your business, professional or employment capacity.

Please read this Privacy Statement before using GSCI Services or submitting Personal Information to GSCI. By accessing and using the Services, you agree and consent to the collection, use and disclosure of your Personal Information as outlined in this Privacy Statement.

  • Directly from individuals
  • Through our websites and mobile apps
  • From healthcare professionals
  • From contract research organizations and clinical trial investigators
  • From individuals enrolled in clinical trials
  • From government agencies or public records
  • From third-party service providers, data brokers or business partners
  • From industry and patient groups and associations
  • From time to time, we may use or augment the Personal Information we have about you with publicly available information and that obtained from third parties. For example, we may use such third-party information to confirm or verify licensure of healthcare professionals or to better understand your interests by associating demographic information with the information you have provided.
Personal Information we may collect:
  • Contact information and contact preferences (such as name, email address, mailing address, phone number, and emergency contact information)
  • Biographical and demographic information (such as date of birth, age, gender, ethnicity, marital status, and sexual orientation)
  • Health and medical information (such as information about physical and mental health conditions and diagnoses, treatments for medical conditions, genetic information, family medical history, and medications an individual may take, including the dosage, timing, and frequency) we collect in connection with managing clinical trials, conducting research, providing patient support programs, distributing and marketing our products, managing compassionate use and expanded access programs, and tracking adverse event reports
  • Information regarding any parents or legal guardians
  • Financial information to complete a transaction or determine eligibility for patient assistance programs
  • Username and password that you may select in connection with establishing an account on our websites or mobile apps
  • Your photograph, or digital or electronic signature
  • Adverse event information
If you are a healthcare professional, we may also collect:
  • Professional credentials, educational and professional history, institutional and government affiliations, and information included on a resume or curriculum vitae (such as work experience, education, and languages spoken)
  • Information about the GSCI programs, products and activities with which you have engaged
  • Details about our interactions with you, your prescribing of our products and the agreements you have executed with us
  • Publicly-available information related to your practice, such as license information, disciplinary history, prior litigation and regulatory proceedings, and other due diligence related information.

GSCI processes your Personal Information in its normal course of business for its own internal purposes, such as:

  • Establishing and maintaining communications with you
  • Where you have requested participation in a clinical trial with GSCI or one of GSCIā€™s partners
  • Disease management, education, or decision support systems related to the use of GSCI products or Services
  • Where you have requested a service from GSCI, 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
  • Responding to your inquiries about applications, trials and other Services
  • Making proposals for future service needs
  • Allowing our affiliated companies to notify you of certain products or Services offered by our affiliated companies
  • Processing transactions through service providers
  • Meeting legal, security, processing, and regulatory requirements
  • Research and secondary research on our products and Services
  • Protecting against fraud, or suspicious or other illegal activities
  • Compiling statistics for analysis of our sites and our business.

GSCI processes Personal Information where it has a legal basis for doing so. Legal bases include where:

  • The transfer or processing is in GSCIā€™s legitimate interest in providing you with access to our Services and programs
  • The transfer or processing is necessary for the performance of a contract between you and Gilead Sciences, Inc. (ā€œGSIā€) (or one of its affiliates)
  • The transfer or processing is necessary for the performance of a contract, concluded in your interest, between GSI (or one of its affiliates) and a third party
  • The transfer or processing is necessary, or legally required, on important public interest grounds, for the establishment, exercise, or defense of legal claims, or to protect your vital interests
  • The transfer or processing is required by applicable law
  • With your consent.
Within our family of companies

In the normal course of performing Services for our clients, Personal Information may be shared within GSCI, GSI 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.

With our Service Providers

We may retain other companies and individuals to perform Services on our behalf and we may collaborate with other companies and individuals with respect to particular products or Services. Examples of service providers include data analysis firms, credit card processing companies, customer service and support providers, email and SMS vendors, web hosting and development companies and fulfillment companies. Providers also include our co-promote partners for products that we jointly develop and/or market with other companies. Some providers may collect Personal Information on our behalf.

In connection with GSI Business Transactions

As GSI continues to develop its business, it might sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if either GSI itself or substantially all of GSI assets were acquired, your Personal Information may be one of the transferred assets. The assets of GSI include the Personal Information that is the subject of this GSCI Privacy Statement. Therefore, GSI may disclose and/or transfer your Personal Information to a third party in these circumstances.

To comply with our legal obligations

GSCI reserves the right to disclose, without your prior permission, any Personal Information about you or your use of the Services if GSCI has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of GSCI, our employees, other users of the Services, or the public; (b) enforce the terms and conditions that apply to use of the Services; (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; or (d) respond to claims that any content violates the rights of third parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.

We may also disclose aggregate or de-identified data that is not personally identifiable to third parties for any purpose.

Please note, GSCI does not sell Personal Information to third parties.

GSCI websites and apps may collect information that could be potentially personally identifiable about your visits without you actively submitting such information. Unidentified information may be collected using various technologies, such as cookies and web beacons. Cookies are small text files that are transferred to your computer's hard disk by a website. Web beacons (also referred to as GIF files, pixels, or internet tags) help GSCI understand how you navigate around GSCI websites. As part of your use of GSCI websites, your internet browser automatically transmits to GSCI websites some of this information, such as the browser version your computer is operating. Passive information collection technologies can make your use of GSCI websites easier by allowing GSCI to provide better service, customize Gilead websites based on consumer preferences, compile statistics, analyze trends, and otherwise administer and improve GSCI websites. You can prevent the storage of cookies by adjusting the settings on your browser, though certain features of GSCI websites may not work without use of passive information collection technologies. Information collected by these technologies cannot be used to identify you without additional information.

Some of GSCI's business partners, with whom GSCI contracts to carry out the Services (e.g., website providers), may use their cookies on GSCI websites and apps. Although GSCI may not have direct access to or control over such cookies, this Privacy Statement governs the use of cookies by GSCI and such business partners on GSCI websites and apps.

GSCI may offer apps, special programs, clinical trials, activities, events or promotions (ā€œProgramsā€) that have unique or additional specific terms, privacy notices and/or consent forms that explain how any information you provide will be processed in connection with the Programs. Certain Programs may include options to help you afford your medications. Where required, we may provide additional terms. You should review the terms applicable to the Programs before interacting or participating in the Program.

Where GSCI relies on consent for the collection, use or 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 GSCI relies on consent, you will be entitled to withdraw that consent at any time.

GSCI may transfer Personal Information outside of Canada for the purposes, and in the manner, set out in this Privacy Statement, including for processing and storage by its service providers and GSI and its affiliates in connection with such purposes. In all situations, GSCI takes reasonable steps to ensure that your privacy is protected. Such steps include, but are not limited to, implementing privacy, security, and contractual controls, as well as steps noted in this Privacy Statement, as required by applicable law.

To the extent that any Personal Information is sent outside of Canada, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts, or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

GSCI endeavors to obtain assurances from its service providers and GSI affiliates that they will safeguard Personal Information consistent with this Privacy Statement. An example of appropriate assurances that may be provided by service providers and affiliates includes a contractual obligation that they provide at least the same level of protection as is required by GSCIā€™s privacy principles set out in this Privacy Statement. Where GSCI has knowledge that a service provider or GSI affiliate is using or disclosing Personal Information in a manner contrary to this Privacy Statement, GSCI will take appropriate steps to prevent or stop the use or disclosure.

GSCI 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: the encryption of communications via SSL, encryption of information while it is in storage, firewalls, access controls, separation of duties, and similar security protocols.

GSCI trains its employees on the importance of privacy and how to handle and manage Personal Information appropriately and securely. Personal Information handled by agents, or companies with which GSCI may conduct joint programs, is governed by this Privacy Statement and the contractual obligations of the agents and companies.

Please note, the confidentiality of Personal Information transmitted over the internet cannot be guaranteed. GSCI urges you to exercise caution when transmitting Personal Information over the internet. GSCI cannot absolutely guarantee that unauthorized third parties will not gain access to your Personal Information; therefore, when submitting Personal Information to GSCI online, you must weigh both the benefits and the risks.

GSCI will use Personal Information only in ways that are compatible with the purposes for which it was collected, or consented to by the individual. GSCI will have appropriate steps in place to ensure that Personal Information is relevant to its intended use, accurate, complete, and current. GSCI will only retain 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 GSCI by applicable law. This may mean that your Personal Information is retained by Gilead for a number of years, depending on the purpose and need for that data to be processed. For more information about GSCIā€™s retention periods for Personal Information, please refer to the contact information section below.

You have certain rights and choices regarding our processing of your Personal Information:

  • Access a copy of the Personal Information we retain about you
  • Correct or amend your Personal Information

We reserve the right to verify your identity in connection with any requests regarding Personal Information to help ensure that we provide the information we maintain to the individuals to whom it pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that information. If you are an authorized agent making a request on behalf of an individual, we may require additional information to verify that you are authorized to make that request. This may include obtaining a written authorization and proof that you are authorized to make the request.

GSCI may not be able to comply with a request where Personal Information has been destroyed, erased or made anonymous in accordance with GSCIā€™s record retention obligations and practices. In the event that GSCI cannot provide an individual with access to his/her Personal Information, GSCI will endeavor to provide the individual with an explanation, subject to any legal or regulatory restrictions.

To submit a request, please contact us:
By email to [email protected]
By telephone at: 905-363-8004

By mail to the following address:
Gilead Sciences Canada, Inc.
6711 Mississauga Rd Suite 600
Mississaugaā€‹, ON,
Canada
L5N 2W3

To help us respond to your request, all communications to GSCI should include the senderā€™s name and contact information (such as email address, phone number or mailing address), and a detailed explanation of the request. In addition, communications related to GSCI websites should include, as applicable, the email address used for registration and the GSCI website address on which Personal Information was provided (e.g., www.gilead.ca). Email requests to amend or correct Personal Information should include "Amendment/Correction Request", as applicable, in the subject line of the email. Gilead will endeavor to respond to all reasonable requests in a timely manner, and in any case, within any time limits prescribed by applicable local law. If you have questions or complaints regarding our Privacy Statement or practices, please contact us at [email protected] or at the mailing address provided above.

We will not restrict or deny you access to our Services because of choices and requests you make in connection with your Personal Information. Please note, certain choices may affect our ability to deliver the Services.

You may unsubscribe from our marketing emails at any time by following the instructions included in those emails. Any requests to opt-out of future communications from GSCI, or to opt-out of a particular GSCI program should be directed to GSCI using the contact methods above.

No GSCI websites are intended to collect or use any Personal Information from children ("children" are individuals who have not reached the age of majority in their residential jurisdictions). GSCI does not knowingly allow children to order GSCI's products, communicate with GSCI, or use any of GSCIā€™s online Services. Should you suspect that a child of whom you are the parent or legal guardian has provided us with Personal Information, please contact GSCI using one of the methods specified herein and GSCI will work with you to address this issue.

We may provide links to other websites, services, and applications that are not operated or controlled by us (ā€œThird-Party Servicesā€). This Privacy Statement does not apply to the Third-Party Services. While we attempt to facilitate access only to those Third-Party Services that share our respect for your privacy, we cannot take responsibility for the content, privacy policies, or practices of those Third-Party Services. We encourage you to review and understand the privacy practices of any Third-Party Services before providing any information to or through them. Your interactions with these features are governed by the privacy policy of the Third-Party Service that provides the feature.

Any questions or concerns regarding handling of Personal Information by GSCI, or related to revocation of consent to collect, process, transfer, or disclose your Personal Information should be directed by email to [email protected].

Any requests to opt-out of future communications from GSCI, or to opt-out of a particular GSCI program should be directed to GSCI through our web portal, by email to [email protected], or by telephone at: 905-363-8004.

Alternatively, letters may be sent to the following address:
Gilead Sciences Canada, Inc.
Attn: Privacy
6711 Mississauga Rd Suite 600
Mississaugaā€‹, ON,
Canada
L5N 2W3

GSCI reserves the right to amend this Privacy Statement from time to time to reflect technological advancements, legal and regulatory changes, and GSCIā€™s business practices, subject to applicable laws. If GSCI changes its privacy practices, an updated version of this Privacy Statement will reflect those changes. GSCI 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 GSCI, in the activities covered above, will be subject to the then-current Privacy Statement.

Last Updated: September 1, 2021