Privacy Notice

Introduction

Welcome to our privacy notice.

We respect your privacy and we are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website or mobile application (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format, so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

  1. Important information and who we are
  2. The data we collect about you
  3. How is your personal data collected?
  4. How we use your personal data
  5. Disclosures of your personal data
  6. International transfers
  7. Data security
  8. Data retention
  9. Your legal rights
  10. Glossary
  1. Important information and who we are

    Purpose of this privacy notice

    This privacy notice aims to give you information on how we collect and process your personal data through your use of this website or mobile application, including any data you may provide through this website when you register with us to participate in the Diversity and Selection Studies.

    This website is not intended for children and we do not knowingly collect data relating to children.

    It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

    Controller

    Gilead Sciences, Inc is the controller and responsible for your personal data (referred to as "Gilead Sciences, Inc", "we", "us" or "our" in this privacy notice).

    If you have any questions about this privacy notice, including any requests to exercise Your legal rights, please contact us with your record locator number using the details set out below. Note that your record locator number can be found within your doctor’s office contact details email.

    Contact details

    Our full details are: Neonstone Limited: First Floor, Unit 5D, Langley Business Centre, Station Road, Slough, Berkshire, SL3 8DS

    Full name of legal entity: Neonstone, LLC

    Name or title: Kierownik ds. poufności danych

    Email address: privacy@neonstone.com

    For Australia and New Zealand:

    The Privacy Officer is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, contact the Privacy officer by writing to Privacy Officer, Gilead Sciences Pty Ltd, Level 6, 417 St Kilda Road, Melbourne, 3004 or AU.Privacy@gilead.com.

    Changes to the privacy notice and your duty to inform us of changes

    This version was last updated on 12-Jul-2018.

    It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. You also have the right to request that your information be changed or updated. If you require information to be amended, please contact us.

    Third-party links

    This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

    As a reference, the following link contains a list of the research sites: https://clinicaltrials.gov/ct2/show/study/NCT02914522?term=NCT02914522&rank=1&show_locs=Y#locn

  2. The data we collect about you

    Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

    We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

    • Identity Data includes first name, last name, username or similar identifier, date of birth and gender
    • Contact Data includes address, email address and telephone numbers/cell phone numbers
    • Special Categories of Personal Data as follows:
      • Clinical Data which includes:
        • Name and symptom of disease and drugs administered, pregnancy/contraception plans
        • Diagnosis of either Crohn’s or Ulcerative Colitis and other information necessary for assessing eligibility to participate in study;
        • Age (between 18 and 75 years)
        • Symptoms experienced in the last 6 months; and
        • History of using a biologic.
    • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website, usage data including information about how you use our website, products and services
    • Profile Data includes your username and password feedback and survey responses (including on eligibility to participate in study, your medical institution and consultation schedule).
    • Usage Data includes information about how you use our website, products and services
    • Marketing and Communications Data Data includes your preferences in receiving marketing from us and our third parties and your communication preferences (such as whether to receive communications for additional clinical studies)

    We collect Special Categories of Personal Data about you as described above which includes details about information about your health. We do NOT collect any information about criminal convictions and offences.

    We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

    If you fail to provide personal data

    Where we need to collect personal data and you fail to provide the data requested, we may not be able to provide you with access to study information.

  3. How is your personal data collected?

    We use different methods to collect data from and about you including through:

    • Direct interactions. You may give us your Contact and Health Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: apply to access our clinical trial services;
      • create an account with login and password on our website;
      • subscribe to our newsletters or publications;
      • request marketing to be sent to you; or
      • give us some feedback.
    • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
    • Third parties or publicly available sources. We may receive personal data about you from various third parties and public source as set out below:
      • Technical Data from the following parties:
        1. analytics providers such as Google based outside the EU;
        2. advertising networks such as Google or Facebook based outside the EU; and
        3. search information providers such as Google based outside the EU.
  4. How we use your personal data

    We will only use your personal data when the law allows us to. Processing of your Personal Data includes where we may adapt, align, alter, combine, consult, destroy, disclose by transmission, dissemination, erase, organise, record, restrict, retrieve, store, structure, use, or otherwise make available.

    Most commonly, we will use your personal data in the following circumstances:

    Processing and reporting of adverse events Communications regarding our studies
    To communicate product safety information to you Communications about market research and product developments
    Product quality and complaint management Communications about product information
    Administering and maintaining legally required product registries, including medical device tracking Communications about general health information (such as information on certain health conditions)
    Administering and maintaining voluntary patient engagement and support platforms To determine your eligibility for certain products, services or programs
    Responding to your requests for information, products, or services Organisational planning and development (such as internal communications, budgets, administration and project management)
    Our company compliance and facility and network security purposes Administering educational programs
    Internal investigations of possible misconduct or failure to comply with our policies and procedures Business and marketing research
    Auditing our programs and services for compliance purposes Authenticating and verifying your identity in your interactions with us
    Legal proceedings and government investigations (such as pursuant to warrants, subpoenas and court legal orders Tracking your interactions (online and offline) with us
    Where we have legal obligations to process the personal data Improvement and development of our products and services
    Device and application diagnostics Statistical analysis
    Payment processing; and/or website administration

    Consent

    Generally, we do not rely on consent as a legal basis for processing your personal data other than as follows:

    • we require your explicit consent where you provide us with Special Categories of Personal Data as described above in Section 2. When we ask you for your explicit consent we will provide you with an opportunity to consent electronically. You have the right to withdraw your explicit consent at any time by contacting us.
    • we require your consent in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

    Click 10 to find out more about the types of lawful basis that we will rely on to process your personal data.

    Marketing

    We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

    Promotional offers from us

    We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

    You will receive marketing communications from us if you have requested information from us or been provided services from us and in each case you have not opted out of receiving that marketing.

    Third-party marketing

    We will get your express opt-in consent before we share your personal data with any company outside the Gilead Sciences, Inc. group of companies for marketing purposes.

    Opting out

    You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

    Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of being provided a service by us, product/service experience or other transactions.

    You can decide to withdraw any consent or explicit consent you have given us at any time by contacting us with your record locator number at privacy@neonstone.com.

    Cookies

    You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Example of how you can adjust the settings (in the case of Internet Explorer): Click the “Tool” button on the upper part of the web browser > Internet Option > Personal Information. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see cookie policy.

    Change of purpose

    We will only use your personal data for the purposes for which we collected it. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us with your record locator number at privacy@neonstone.com.

    Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required by law.

  5. Disclosures of your personal data

    We may have to share your personal data with the parties set out below:

    • Internal Third Parties as set out in the Glossary
    • External Third Parties as set out in the Glossary
    • Specific third parties such as Neonstone Ltd, OVH Ltd who provide IT and hosting services in respect of this website and related IT services.

    Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

    Specifically, we provide personal information to third parties as follows:

    Recipient of Personal Information (Contact Info.) Country Where Recipient is Located Items of Personal Information Provided Purposes for Which Recipient Will Use Personal Information Retention Period
    Your designated Study Site https://clinicaltrials.gov/ct2/show/study/NCT02914522?term=NCT02914522&rank=1&show_locs=Y#locn Age, gender, postal code, country, pregnancy, contraception plans, symptom history, medication history, email address, conditions To follow up with the patient and further assess eligibility via a screening visit where confirmed For duration of the study

    We also delegate the processing of personal information as follows:

    Delegatee Descriptions of Delegated Services
    Neonstone Ltd. Provision IT and hosting services in respect of our Website and related IT services
    OVH Ltd. Provision IT and hosting services in respect of our Website and related IT services
  6. International transfers

    We share your personal data within the Gilead Sciences, Inc Group. Some of the database locations may be in countries that do not ensure an adequate level of data protection similar to the laws in the country in which you reside. Regardless, all our affiliates are required to treat your Personal Data in accordance with this Privacy Notice and our privacy and data protection policies and procedures.

    EU-US and Swiss-US Privacy Shield Notice: Gilead Sciences, Inc and its affiliates in the United States may receive Personal Data from individuals in the European Economic Area (EEA) and Switzerland. We comply with the EU-US and Swiss-US Privacy Shield Principles (Privacy Shield Principles), with respect to the collection, use, and retention of Personal Data from the EEA and Switzerland. If there is any conflict between the terms of this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles will govern. For more information about the Privacy Shield Framework, go to https://www.privacyshield.gov/. The International Centre for Dispute Resolution (ICDR) acts as our third-party dispute resolution provider, as required by the Privacy Shield Framework. If you have a complaint about our Privacy Shield compliance, you can contact us directly or contact the ICDR at http://go.adr.org/privacyshield.html. In certain circumstances it may be possible for you to invoke binding arbitration. We are subject to the investigatory and enforcement powers of the US Federal Trade Commission regarding our adherence to the Privacy Shield Principles.

    We may transmit your Personal Data to our third parties with whom we contract to carry out services on our behalf to perform activities or functions related to the processing purposes regarding your Personal Data that are described above. This transfer of data will include, among others, the transfer of personal data to clinical trial sites located throughout the rest of the world. Our third parties are contractually obligated to comply with applicable laws or regulations, including having a valid EU Personal Data cross-border transfer mechanism in place to receive the EU personal data, which can include an “adequacy” determination by the European Commission, EU-US and/or Swiss-US Privacy Shield certifications, and/or executing EU Standard Contractual Clauses with us.

    For more information about our cross-border transfers of your Personal Data, please contact us with your record locator number at privacy@neonstone.com.

  7. Data security

    We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

    We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  8. Data retention

    How long will you use my personal data for?

    We will only retain your personal data for 5 years, unless there is a legal reason for the data to be retained longer.

    To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

    Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

    When destroying personal information, we will take commercially reasonable and technically possible measures to make the personal information irrecoverable and irreproducible, as follows:

    • Electronic files that contain personal information will permanently be deleted using a technical method which makes the files irrecoverable; and
    • Any other records, print-outs, documents or any other recording media will be shredded or incinerated.
  9. Your legal rights

    Under certain circumstances, you have rights under data protection laws in relation to your personal data:

    • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
    • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
    • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
    • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (c) you have objected to our use of your data but we need to verify whether we have overriding legitimate and legal grounds to use it.
    • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
    • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

    If you wish to exercise any of the rights set out above, please contact us with your record locator number at privacy@neonstone.com.

    No fee required

    You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may refuse to comply if your request is clearly unfounded, repetitive or excessive.

    What we may need from you

    We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

    Time limit to respond

    We try to respond to all legitimate requests within 10 days. Occasionally it may take us longer than 10 days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  10. Glossary

    LAWFUL BASIS

    Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

    Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

    THIRD PARTIES External Third Parties
    • Service providers acting as processors based in the United Kingdom and France who provide IT and system administration services.
    • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United States who provide consultancy, banking, legal, insurance and accounting services.
    • As a reference, the following link contains a list of the research sites:: https://clinicaltrials.gov/ct2/show/study/NCT02914522?term=NCT02914522&rank=1&show_locs=Y#locn