This Policy explains how Gilead Australia Pty Ltd manages personal information that it collects, holds, uses and discloses. The primary purpose of this policy is to ensure compliance with all relevant privacy legislation in accordance with the Australian Privacy Principals (APP).
This policy addresses Australian Privacy Principle 1.2 which obliges Gilead to take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to Gilead’s functions and activities that will ensure that Gilead complies with the APPs and enable Gilead to deal with inquiries or complaints from individuals about Gilead’s compliance with the APPs.
This policy applies to the collection, use and disclosure of personal information about any person by Gilead personnel.
STATEMENT OF POLICY
Where the collection or handling of your personal information by Gilead Australia is subject to the Privacy Act, Gilead Australia must comply with the requirements of that Act. The Privacy Act regulates the manner in which personal information is handled throughout its life cycle, from collection to use and disclosure, storage, accessibility and disposal.
Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
Collection of personal information by Gilead Australia
If you are a healthcare practitioner, the types of personal information that we may collect include:
- identifying and contact information such as your name, work title, clinical field, work address, phone number and email address;
- work-related information such as biographies, work histories and conference attendances;
- travel information such as passport details;
- information about any payments or non-monetary benefits provided to you by Gilead Australia (including if you provide services to Gilead Australia, Gilead Australia sponsors you to attend a conference or you are invited by Gilead Australia to attend a medical education event); and
- information about the research projects and clinical trials you may be involved in.
Gilead Australia does not actively seek to collect the personal information of patients. We may collect the personal information of patients in response to queries we receive from patients and to fulfil any requests made by patients. The types of personal information we may collect from patients in these circumstances include:
- identifying and contact information such as your name, address, phone number and email address; and
- information about your health condition including any medications you are taking and any adverse events
To the extent required by the Privacy Act:
- Gilead Australia will not collect personal information about you unless that information is reasonably necessary for one or more of our functions or activities; and
- Gilead Australia will collect personal information only by lawful and fair means.
Gilead Australia will collect your personal information directly from you where it is reasonable and practicable to do so. Generally, we collect this information from you in a number of ways:
- if you are a healthcare practitioner, during visits to you;
- during telephone calls with you;
- from written or electronic correspondence you may have with us; or
- through our websites.
When Gilead Australia collects personal information directly from you, we will take reasonable steps at or before the time of collection to ensure that you are aware of certain key matters, such as the purposes for which we are collecting the information, the organisations (or types of organisations) to which we would normally disclose information of that kind and how to contact us. For example, where personal information is collected on a form, we will generally include a statement on the form which sets out these details.
We may also collect personal information from third parties such as:
- organisations that we engage to assist us to carry out our functions and activities (such as market research organisations);
- healthcare providers or your colleagues; and
- online directory providers or providers of customer contact databases.
Where Gilead Australia collects information about you from a third party, we will still take reasonable steps to ensure that you are or have been made aware of the key matters set out above.
Purposes for which Gilead Australia collects, holds, uses and discloses personal information
Generally, Gilead Australia collects, holds, uses and discloses your personal information for the following purposes:
- general sales and marketing to healthcare practitioners, including to contact you to provide you with information about, and to discuss, Gilead products;
- assist in the organisation of educational events (including inviting speakers and attendees) and sponsorship for attendance at educational events (including to organise travel to such events and accommodation);
- to send educational materials to you;
- to administer research funding programs;
- to conduct market research;
- to assist in providing you with medical information relevant to Gilead products;
- to identify investigators for, establish and conduct clinical trials (including clinical trials run by a related body corporate of Gilead Australia), to invite you to be part of an advisory board, or to acquire general opinions on medical and/or patient-related issues;
- to evaluate and continue to develop and improve our products, services and business processes;
- to administer patient support programs;
- to comply with Gilead Australia's legislative obligations, regulatory obligations and any requirements under the Medicines Australia Code of Conduct ("MA Code") including in relation to reporting of payments or non-monetary benefits to healthcare practitioners;
- to comply with the internal policies and procedures of Gilead Australia and its related bodies corporate including in relation to reporting of payments or non-monetary benefits provided to healthcare practitioners
- adverse event reporting;
- if you are a patient, to respond to your query, including to contact you for follow up purposes and maintain a record of queries raised and responses provided; and
- to manage our relationship with you including, for certain directors or employees of, or consultants to, Gilead Australia, managing your participation in equity incentive plans.
If Gilead Australia uses or discloses your personal information for a purpose (the "secondary purpose") other than the main reason for which it was originally collected (the "primary purpose"), to the extent required by the Privacy Act we will ensure that:
- the secondary purpose is related to the primary purpose of collection (and directly related in the case of sensitive information), and you would reasonably expect that Gilead Australia would use or disclose your information in that way; or
- you have consented to the use or disclosure of your personal information for the secondary purpose; or
- the use or disclosure is required or authorised by or under law; or
- the use or disclosure is otherwise permitted by the Privacy Act.
Gilead Australia may also disclose personal information to parties involved in a prospective or actual transfer of Gilead Australia's assets or business.
If you are a healthcare practitioner and you receive any payment or non-monetary benefit from Gilead Australia (including if you provide services to Gilead Australia, Gilead Australia sponsors you to attend a conference or you are invited by Gilead Australia to attend a medical education event), Gilead Australia will collect personal information about you including the following information:
- name and profession;
- business/practice address;
- a description of any services and benefits you receive from Gilead Australia and details of any services, activities and events in respect of which you were engaged by Gilead Australia including relevant dates;
- the amount of the financial payment or the value of any non-monetary benefit you individually receive from Gilead Australia including air travel, accommodation costs (room rate) and registration fees paid by Gilead Australia and/or reimbursed to you; and
- any financial payments made or non-monetary benefits given to third parties as directed by you.
Gilead Australia will disclose the Transparency Data to its related bodies corporate including related bodies corporate located outside Australia. In accordance with the MA Code, or other applicable international regulations, Gilead Australia and/or its related bodies corporate will also publically disclose some or all of the Transparency Data. Specifically, in accordance with the transparency obligations in the MA Code, Gilead Australia will publish as much of the Transparency Data as required and in a manner which individually identifies you on the http://www.gilead.com/about/worldwide-operations/australia for three years from the date of publication of that information by Gilead. Gilead Australia will give you an opportunity to review and submit corrections to the Transparency Data before Gilead Australia publishes that information.
You are responsible for obtaining any necessary approvals (eg, from your employer or professional body) for Gilead Australia and its related bodies corporate to collect, use and disclose the Transparency Data as described above.
By accepting payment or a non-monetary benefit from Gilead Australia, you expressly consent to the collection, use and disclosure of the Transparency Data by Gilead Australia and its related bodies corporate as described above. If you do not want the financial payment or non-monetary benefit provided to you by Gilead Australia publically disclosed, you should not engage in the relevant services/activities/events or accept any services and benefits from Gilead Australia.
From time to time, Gilead Australia may provide you with marketing material about Gilead products and services that we think may be of interest to you including by email, SMS and telephone call.
If you do not want to receive information about Gilead products and services, you can withdraw your consent at any time by contacting the Privacy Officer, Gilead Sciences Pty Ltd, at the address below or by unsubscribing using an unsubscribe facility in an email or SMS.
Data quality, storage and security
Gilead Australia may store personal information that we hold in hard copy documents or as electronic data in our software IT systems. To the extent required by the Privacy Act, Gilead Australia will take reasonable steps to:
- make sure that the personal information that we collect, use and disclose is accurate, complete and up to date; and
- protect the personal information that we hold from misuse and loss and from unauthorised access, modification or disclosure.
We retain personal information that we hold for as long as it is necessary to perform the function in relation to which the information was collected. We may also retain personal information for longer periods to comply with legislative requirements for document retention.
Gilead Australia will generally provide individuals with the option of not identifying themselves when entering transactions when it is lawful and practicable to do so. However, we may not always be able to do this.
Use of Commonwealth government identifiers
Gilead Australia will not use Commonwealth government identifiers, such as Medicare numbers, as its own identifier of individuals. We will only use or disclose such identifiers in the circumstances permitted by the Privacy Act.
Transfer of personal information overseas
Some organisations to which we disclose personal information may be located, or may store information on computer servers, outside Australia.
Gilead Australia stores personal information on servers in the United States of America, the United Kingdom and Ireland and shares personal information (including Transparency Data) with personnel of Gilead Australia's related bodies corporate in Europe, Asia, South America and North America (a list of countries in which Gilead Australia has related bodies corporate can be found at http://www.gilead.com/about/worldwide-operations).
Gilead Australia may also disclose your personal information to overseas regulatory authorities, overseas event/conference organisers, international clinical trial sites and, where Gilead Australia may be organising travel on your behalf, overseas travel agents. As discussed above, Gilead Australia's related bodies corporate may also publically disclose some or all of the Transparency Data as required under applicable international regulations. If you are a director or employee of, or consultant to, Gilead Australia and participating in Gilead's equity incentive plans, your personal information may also be transferred to a stock plan service provider located in the United States of America.
If Gilead Australia transfers your personal information to another party outside Australia, we will take such steps as are reasonable in the circumstances to ensure that the overseas recipient will not breach the privacy principles set out in the Privacy Act in relation to the information.
Access and correction of your personal information
Please contact Gilead Australia if you would like to access or correct the personal information that we hold about you. Gilead Australia will generally provide you with access to your personal information if practicable, and will take reasonable steps to amend any personal information about you which is inaccurate or out of date. In some circumstances, Gilead Australia may not permit access to your personal information, or may refuse to correct your personal information, in which case we will provide you with reasons for this decision in accordance with law.
Please contact us if you have any queries about the personal information that Gilead Australia holds about you or the way we handle that personal information. Our contact details for privacy queries are set out below.
Privacy Officer, Level 6, 417 St Kilda Road, Melbourne, Victoria, 3000. Telephone: (03) 9272 4400. Facsimile: (03) 9272 4435.
Further information about the application of the Privacy Act to the private sector generally can be found at the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.
Please contact us if you have any concerns or complaints about the manner in which your personal information has been collected or handled by Gilead Australia. Our contact details for this purpose are set out below.
Privacy Officer, Level 6, 417 St Kilda Road, Melbourne, Victoria, 3000. Telephone: (03) 9272 4400. Facsimile: (03) 9272 4435.
Gilead will respond to your concern or complaint within a reasonable period of time. It is our intention to use our best endeavours to resolve any concern or complaint to your satisfaction. However, if you are unhappy with our response, you may contact the Office of the Australian Information Commissioner (see the details above).