Gilead Sciences Canada, Inc. Privacy Statement
Last Updated: February 25, 2019
Gilead Sciences Canada, Inc. is a subsidiary of Gilead Sciences, Inc. (“Gilead”), a multi-national pharmaceutical company with operations in many countries around the world, including in Canada. The privacy laws applicable to the Gilead business vary from country to country. Gilead has a global Privacy Statement posted on its website. This Gilead Sciences Canada, Inc. Privacy Statement has been developed to address the privacy laws applicable to Gilead’s business in this country.
In the regular course of business, Gilead Sciences Canada, Inc. and its successors (together referred to as “GSCI”) interacts and communicates directly with healthcare professionals, customers, clinical trial participants, consumers, Service Providers, regulatory authorities and others. Through these interactions and communications, Personal Information may be provided to GSCI and collected, stored, used, transferred or disclosed electronically and/or manually. GSCI respects individual privacy and values the confidence of such individuals. This Privacy Statement sets forth GSCI's privacy principles with respect to Personal Information that GSCI follows in its normal course of business to respect the privacy of individuals and the confidentiality and security of their Personal Information.
GSCI will collect, store, use, transfer 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 GSCI (including Personal Information received by third-party organizations or individuals acting on behalf of GSCI) from healthcare professionals, customers, clinical trial participants, consumers and other individuals, in any format, including electronic and paper, as part of Gilead's business operations. Types of third-party organizations include GSCI Affiliates 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 GSCI.
"GSCI" means Gilead Sciences Canada, Inc. and its successors.
“Personal Information” means information about an identifiable individual. An individual may be identified directly or indirectly, based on the information about them; direct or indirect identification can be made by or on behalf of GSCI. Personal Information does not include (i) any information that is anonymized, aggregated or non-personal information that has not been combined with Personal Information to allow identification of an individual or (ii) an individual's name, business title, business address, business email and business telephone number when this business contact information is used by GSCI to communicate with the individual in relation to their employment, business or profession.
“Service Provider” means any consultants and contractors (including temporary employees) that collect or use Personal Information under the instruction of and solely for, GSCI or to which GSCI transfers Personal Information for use on GSCI’s behalf, for the provision of consulting or contracting services to GSCI.
The collection, storage, use, transfer and disclosure of Personal Information in the business context is essential to the conduct of many of GSCI’s business functions. GSCI may collect Personal Information from individuals directly and/or as otherwise required or permitted by law, from third parties. GSCI may store, use, transfer or disclose Personal Information where GSCI has obtained the consent of the individual to do so and/or as required or permitted by law.
GSCI collects, uses, transfers and discloses Personal Information where you consent to us doing so. However, there are a number of instances where GSCI does not require your consent to engage in the collection, use, transfer or disclosure of Personal Information. GSCI may not solicit your consent for the collection, use, transfer 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.
GSCI collects, uses, transfers 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 GSCI products or services or those of our Affiliates;
- Where you have requested a service from GSCI or our Affiliates, 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 GSCI products or those of our Affiliates);
- 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;
- Processing transactions through Service Providers;
- Compiling statistics for analysis of our sites and our business;
- Meeting legal, security, processing and regulatory requirements;
- Protecting against fraud, suspicious or other illegal activities;
- And, as otherwise permitted or required by law.
GSCI sometimes uses Service Providers (including Affiliates) who assist GSCI 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 GSCI’s email subscriptions and requests for information, or provide services (including patient support program services). GSCI requires such Service Providers to keep Personal Information confidential and to use, transfer or disclose Personal Information only to perform functions for GSCI 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.
GSCI will use Personal Information only in ways that are compatible with the purposes for which it was collected, or consented to by you.
When interacting with GSCI, 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 GSCI.
Where you participate in Clinical Trials
If you participate in a clinical trial with Gilead, or one of our Affiliates, they 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, medical and health information about you. Any information about your participation in such clinical trials that may be provided to GSCI or our Service Providers by Gilead and/or one of our Affiliates will be anonymized.
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, email address (if you wish to communicate with GSCI by email), 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 GSCI in order to best respond to your request.
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, email address (if you wish to communicate with GSCI by email) 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, if applicable, payment information.
Individuals should not provide GSCI with any Personal Information that is not specifically requested.
GSCI or its Affiliates may modify Personal Information to remove identifiers and consolidate or aggregate such data in a non-identifiable form (anonymized/de-identified data) which is used to create statistics to help GSCI or its Affiliates improve product design and services, to enhance their research activities and to facilitate other business functions.
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 or disclose 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 GSCI 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, GSCI and its Affiliates 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. Personal Information may be one of the assets sold or assigned in such business transactions. In any assignment or sale, the assignee or purchaser may use and disclose Personal Information collected by GSCI for substantially the same purposes as described in this Privacy Statement: that is, the same purposes for which Gilead used and disclosed the Personal Information.
Other Legally Required Disclosures
GSCI reserves the right to disclose without your prior permission any Personal Information if GSCI has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of GSCI, its employees or the public; (b) enforce GSCI’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 GSCI relies on consent for the collection, use and disclosure of Personal Information, the opportunity to consent will be provided prior to the collection of the Personal Information in question. 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.
GSCI will not disclose your Personal Information to third parties except as otherwise stated in this Privacy Statement.
GSCI has implemented reasonable physical, technological and organizational 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, encryption of information while it is in storage, firewalls, use of access controls and similar security protocols.
Access to Personal Information is limited to those GSCI and Affiliate employees and Service Providers whose duties reasonably require such information.
GSCI 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 GSCI by applicable law. This may mean that your Personal Information is stored by GSCI for a number of years, depending on the purpose and need for GSCI’s use of the data.
You may request access to Personal Information that GSCI holds about you, however, 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 GSCI should be directed by email to [email protected].
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.