In the regular course of business, one of Canada’s leading biotechnology companies (hereinafter referred to as “the Company”) interacts and communicates directly with health care professionals, customers, employees, clinical trial participants, consumers, business partners, regulatory authorities, and others. Through these interactions and communications, Personal Information may be provided to the Company and processed electronically and/or manually. The Company respects individual privacy and values the confidence of such individuals. This privacy statement (the “Privacy Statement”) sets forth the Company’s privacy principles and obligations with respect to Personal Information, including the implementation of privacy procedures and technical security measures to keep Personal Information private and secure. The Company will collect, use and disclose Personal Information in accordance with this Privacy Statement and applicable privacy or data protection laws.
This Privacy Statement applies to all Personal Information received by the Company (including Personal Information received by third-party organizations or individuals acting as Agents of the Company) as part of the Company’s business operations, in any format, including electronic or paper.
For the purposes of this Privacy Statement, the following definitions shall apply:
“Agent” means any third party that collects and/or uses Personal Information under the instructions of, and solely for, the Company or to which the Company discloses Personal Information for use on the Company’s behalf.
“The Company” means the Company, its successors and wholly owned subsidiaries.
“Company Website(s)” means websites controlled by the Company.
“Personal Information” means any information or set of information that is identifiable with you, as an individual. Examples of Personal Information include an individual’s name, postal address, e-mail address, and telephone number. Personal Information does not include an individual’s name, business title or business address and business telephone number in their capacity as an employee of an organization.
“Sensitive Personal Information” is a type of Personal Information received by the Company from any source that includes sensitive information about an individual, such as economic or financial information or health-related information such as health-related, economic or financial information.
NOTICE: The collection, use, and/or disclosure of Personal Information in the business context is essential to the conduct of many of the Company’s business functions. Where the Company collects Personal Information directly from individuals, the Company will, in accordance with applicable law, inform them about the purposes for which it collects and uses their Personal Information, the types of third parties to which the Company discloses Personal Information, and the choices and means, if any, the Company offers individuals for limiting the use and/or disclosure of their Personal Information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to the Company, or as soon as practicable thereafter, and in any event before the Company uses or discloses the information for a purpose other than that for which it was originally collected.
For example, without limitation, the Company may collect Personal Information for the purposes of employment, disease management, education, decision support systems, requests for product information, clinical trials, registration for the Company programs, customer service support, marketing or Company surveys. Individuals should not provide the Company with any Personal Information that is not specifically requested. Where the Company receives Personal Information from its subsidiaries, affiliates, or other entities, it will use and/or disclose such Personal Information in accordance with the notices provided by such entities and the limitations on such use and/or disclosure authorized or consented to by the individuals to whom such Personal Information relates.
CHOICE: The Company may collect Personal Information from individuals directly and/or from third parties, where the Company has obtained the individuals’ consent to do so or as otherwise required or permitted by law. The form of consent that the Company seeks, including whether it is express or implied, will largely depend on the sensitivity of the Personal Information and the reasonable expectations the individual might have in the circumstances.
As appropriate, and in accordance with applicable law, the Company will offer individuals the opportunity to choose (opt-in/out) whether their Personal Information is (a) to be disclosed to a non-Agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected and/or authorized or consented to by the individual. The Company will provide individuals with reasonable mechanisms to exercise their choices. To the extent permitted by law, the Company may be prevented from providing certain services to individuals who do not consent to the use, access or disclosure of their Personal Information.
The Company may, in accordance with applicable law, disclose, subject to applicable laws and regulations, Personal Information without an individual’s consent (opt-in) to Agents which assist the Company with its business activities. Such Agents may include, but are not limited to, service providers that administer the Company’s email subscriptions and requests for information or provide services in connection with employment applications. The Company requires such Agents to keep Personal Information confidential and to use and/or disclose Personal Information only to perform functions for the Company and in accordance with the Company’s instructions and this Privacy Statement.
For Sensitive Personal Information, the Company will, in accordance with applicable law, give individuals the opportunity to affirmatively and explicitly authorize or consent (opt-in) to the disclosure of their Sensitive Personal Information to a non-Agent third party or the use of their Sensitive Personal Information for a purpose other than the purpose for which it was originally collected and/or authorized or consented to by the individual.
The Company reserves the right to disclose Personal Information to, in accordance with applicable law, respond to authorized information requests from government authorities or when otherwise required or permitted by law and/or to comply with a judicial proceeding, court order, or legal process.
The Company may also use and/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/or disclose Personal Information collected by the Company for substantially the same purposes as described in this Privacy Statement.
We will not share your Personal Information with third parties except as otherwise stated in this Privacy Statement.
DATA INTEGRITY: The Company will use Personal Information only in ways that are compatible with the purposes for which it was collected and/or consented to by the individual. The Company will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current. The Company will only store Personal Information for as long as it is needed to fulfill the purposes for which it was collected and as permitted or required by law.
TRANSFERS: The Company will obtain assurances from its Agents that they will safeguard Personal Information consistent with this statement. An example of appropriate assurances that may be provided by Agents include a contractual obligation that the Agents provide at least the same level of protection as is required by the Company’s privacy principles. Where the Company has knowledge that an Agent is using, accessing or disclosing Personal Information in a manner contrary to this Privacy Statement, the Company will, in accordance with applicable law, take steps to prevent or stop the use, access or disclosure.
In addition, the Company may send Personal Information outside of the country for the purposes set out above.
ACCESS AND CORRECTION: Access to Personal Information is limited to a restricted number of the Company’s employees with a business ‘need-to-know’ or whose duties reasonably require such information, Agents with whom the Company contracts to carry out business activities for the Company, and, to the extent applicable, certain companies with which the Company may conduct joint programs. The Company identifies to whom, and for what purposes, it discloses Personal Information, at the time it collects such information from the individual and obtains the individual’s consent to such disclosure, subject to applicable law. The Company trains its employees about the importance of privacy and how to handle and manage Personal Information appropriately and securely. Personal Information handled by Company Agents or companies with which the Company may conduct joint programs is governed by this Privacy Statement and applicable privacy or data protection laws.
Upon written request, the Company will, to the extent required by applicable law, grant individuals access to Personal Information that it holds about them. In addition, the Company will, to the extent required by applicable law, permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, subject to certain exceptions.
Individuals may revoke (opt-out) at any time, to the extent permitted by applicable law, their consent and/or authorization to use and/or share their Personal Information. All requests to revoke or amend consent should be in writing to the Company as directed below under DISPUTE RESOLUTION.
SECURITY: The Company will take precautions in accordance with applicable law to protect Personal Information in its possession from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.
ENFORCEMENT: The Company will conduct periodic compliance audits of its relevant privacy practices to verify adherence to this Privacy Statement.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of Personal Information and requests to opt-out of future communications from the Company or a particular Company program should be directed to the Company by telephone at (800) 445-3235 or +1 (650) 522-5775. Alternatively, letters may be sent to the following address:
Attn: Legal Department
6711 Mississauga Rd N, suite 600, Mississauga, ON L5N 2W3
All communications to the Company should include the individual’s name and contact information (such as e-mail address, phone number, or mailing address), and a detailed explanation of the request. 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. The Company will, subject to applicable law, endeavor to respond to all reasonable requests in a timely manner, and in any case, no more than thirty (30) days from receipt of such request.
The Company will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Privacy Statement.
Adherence by the Company to these principles may be to the extent expressly required by a legal obligation or an applicable law, regulation, or rule.
Questions or comments regarding this Privacy Statement should be submitted to the Company as follows:
Attn: Legal Department
6711 Mississauga Rd N, suite 600, Mississauga, ON L5N 2W3
(800) 445-3235 or +1 (650) 522-5775
If the Company changes its privacy practices, an updated version of the Privacy Statement will reflect those changes. The Privacy Statement is current as of the “last revised” date which appears below.
Last Updated: 02 20 2014