General Privacy Statement

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.

Scope

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.

Definitions

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.

“Gilead Website(s)” means websites controlled by Gilead and subject to the Gilead Website Privacy Policy.

“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

Notice:

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:

Gilead collects, uses and discloses your Personal Information in its normal course of business, including for the following purposes:

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.

Generally

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

Affiliate Sharing

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.

Business Transactions

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.

Choice:

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.

Security

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.

Data Storage

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.

Your Rights

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.

Contacting Us

Contact Information

Any questions or concerns regarding handling of Personal Information by Gilead should be directed by email to canadaprivacy@gilead.com.

Alternatively, letters may be sent to the following address:

Gilead Sciences Canada, Inc.
Attn: Privacy
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.

Website Privacy Statement

This Website Privacy Statement explains how Gilead Sciences Canada, Inc. and its successors (together referred to as “Gilead”), handles Personal Information (information that can identify you) that you provide to Gilead, or that is otherwise collected, on websites controlled by Gilead (together referred to as “Gilead Website(s)”). This Website Privacy Statement is to be read in conjunction with the Gilead Privacy Statement. The Gilead Privacy Statement applies to all Personal Information received and processed by Gilead. This Website Privacy Statement provides further detail on Personal Information collected on websites controlled by Gilead. In the event of a conflict, the Gilead Privacy Statement governs.

Please read this Website Privacy Statement and the Gilead Privacy Statement before using Gilead Websites or submitting information to Gilead via a website. By accessing and using Gilead Website(s), you agree and consent to the collection, use and disclosure of your Personal Information as outlined in this Website Privacy Statement.

Unless otherwise specifically noted, this Website Privacy Statement does not apply to information collected from you offline, or to third-party websites to which Gilead Websites may link, but that Gilead does not control. You are encouraged to review the terms of the individual privacy policies of each website you visit.

How does Gilead collect information online?

In addition to the means set out in the Gilead Privacy Statement, Gilead Websites may collect information about your visits without you actively submitting such information. Such 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 Gilead understand how you navigate around the Gilead Websites. As part of your use of the site, your Internet browser automatically transmits to Gilead Websites some of this unidentified information, such as the URL of the website you just visited and the browser version your computer is operating. Passive information collection technologies can make your use of Gilead Websites easier by allowing Gilead to provide better service, customize Gilead Websites based on consumer preferences, compile statistics, analyze trends, and otherwise administer and improve Gilead Websites. Certain features of Gilead 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. With respect to limiting or disabling tracking technology please see section below entitled, “What choices do I have about how Gilead Websites collect and use Personal Information about me?”

Some of Gilead’s business partners, with whom Gilead contracts to carry out business activities (e.g., website providers), may use their cookies on Gilead Websites. Although Gilead may not have direct access to or control over such cookies, this Website Privacy Statement governs the use of cookies by Gilead and such business partners on Gilead Websites. Gilead may also allow social media companies (e.g., Facebook) to put “widgets” on Gilead Websites. These third-party tools may also be used to track you across websites. For example, so long as you are logged in to Facebook, every time you land on a webpage that has a Facebook widget, Facebook will know you are on that webpage. Gilead does not control the privacy practices of these third parties.

In what circumstances and for what purposes might Gilead collect and use Personal Information through Gilead Websites?

In addition to what is set out in the Gilead Privacy Statement, if you choose to use Gilead’s email page feature to receive e-mail alerts, Gilead will send you an e-mail to validate your registration and confirm that you are signing up to receive such e-mails. If you no longer wish to receive such e-mails, you may follow the instructions provided in the e-mail in order to request that Gilead stop sending you e-mail alerts.

What choices do I have about how Gilead Websites collect and use Personal Information about me?

You may always limit the amount and type of Personal Information that Gilead receives about you by choosing not to enter Personal Information into forms or data fields on Gilead Websites. Some of Gilead’s online services can only be provided to you if you provide Gilead with appropriate Personal Information. Various Gilead Websites may ask whether you wish to opt-in to Gilead’s contact lists or programs for offers, promotions, and additional services that may be of interest to you.

You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want Gilead Websites to use tracking technologies, such as cookies, to “remember” your Personal Information, such as user IDs or mailing addresses, on return visits. However, Gilead Websites that use tracking technologies to collect unidentified information do not generally provide you with the ability to opt-out of the tracking technologies. Some Internet browsers allow you to limit or disable the use of tracking technologies that collect unidentified information, such as a “Do Not Track” (“DNT”) setting. Currently, the Gilead Websites are not compatible with the DNT standard in its current release. However, you should remember that Gilead does not collect or disclose your browsing behavior for third-party marketing purposes.

How does Gilead secure Personal Information collected on Gilead Websites?

It is Gilead’s practice to ensure that Gilead Websites are secured using commercially reasonable technical, procedural, and administrative safeguards proportional to the sensitivity and volume of data processed.  However, the confidentiality of Personal Information transmitted over the Internet cannot be guaranteed. Gilead urges you to exercise caution when transmitting Personal Information over the Internet. Gilead cannot absolutely guarantee that unauthorized third parties will not gain access to your Personal Information; therefore, when submitting Personal Information to Gilead Websites, you must weigh both the benefits and the risks. Gilead has no control over third-party websites or their content, and Gilead’s Website Privacy Statement does not apply to such websites. You should check the privacy policies of third-party websites before submitting Personal Information. This also applies to those business partners or social media services that have sharing tools on Gilead Websites (e.g. Facebook). As Gilead does not control the privacy practices of these third parties, you should review the privacy settings you have set up directly with them.

How does Gilead protect the privacy of children on Gilead Websites?

No Gilead websites are intended to collect or use any Personal Information from children on Gilead Websites (“children” are individuals who have not reached the age of majority in their residential jurisdictions). Gilead does not knowingly allow children to order Gilead’s products, communicate with Gilead, or use any of Gilead’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 Gilead using one of the methods specified below and Gilead will work with you to address this issue.

Your rights and contact information

You may request access to Personal Information that Gilead holds about you, subject to any legal restrictions.  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 canadaprivacy@gilead.com.

Alternatively, letters may be sent to the following address:

Gilead Sciences Canada, Inc.
Attn: Privacy
6711 Mississauga Road, Suite 600

Mississauga, Ontario  L5N 2W3

All communications to Gilead should include the sender’s name and contact information (such as e-mail address, phone number or mailing address), and a detailed explanation of the request. In addition, communications related to Gilead Websites should include, as applicable, the e-mail address used for registration and the Gilead Website address on which Personal Information was provided (e.g., www.gilead.com) .. E-mail requests to delete, amend, or correct Personal Information should include “Deletion Request” or “Amendment/Correction Request”, as applicable, in the subject line of the e-mail.

Changes to this Website Privacy Statement

Gilead reserves the right to amend this Website 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 Website Privacy Statement will reflect those changes. Gilead will provide notice of such changes by updating the effective date listed on this Website Privacy Statement. Your continued interaction with Gilead, in the activities covered above, will be subject to the then-current Website Privacy Statement.

Last updated: 03/12/2020