Bristol Myers Squibb Australia Pty Ltd and its affiliates ("we", "us", "our" and "BMSA') are required under the Privacy Act 1988 (Cth) to protect any personal information it collects about you. BMSA complies with the Australian Privacy Principles in the collection, use and disclosure of personal information.
BMSA may provide links on its website to third party or affiliate websites. Please note that the organisations that operate these websites may have different privacy policies and terms in place to BMSA and you are advised to make your own enquiries prior to disclosing your personal information on these websites.
What is Personal Information?
Personal information is any information or an opinion about you that identifies you, or by which your identity 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.
Personal information may also include sensitive information if you disclose it to us. 'Sensitive Information' includes information or an opinion (that is also personal information) about an individual’s health, racial or ethnic origin, political opinions, philosophical beliefs, criminal record and sexual orientation, amongst other things.
What personal information may BMSA collect about you?
Some of the information BMSA may collect about you includes:
- your name and contact details and date of birth;
- the name of your doctor or pharmacist;
- details of medicines that you currently use or have previously used, including any medical devices and/or products;
- the details of your medical condition(s) if provided;
- any clinical or medical interests you agree to provide; and
- other information which you consent to give us and which we are permitted to collect under the law.
BMSA only collects personal information about you if the collection of that information is reasonably necessary for one or more of BMSA’s functions or activities.
When visiting our site, you will not be required to provide us with any personal information unless you request information about a BMSA product or service. In that case, we will ask you to provide contact details along with other information required to respond to your request.
The Sensitive Information which BMSA may collect from and about you includes information or an opinion about your racial or ethnic origin; information about your state of health and medical history; and genetic information about you. BMSA can only collect your sensitive information if.
- you consent and the information is reasonably necessary for one or more of BMSA’s functions or activities; or
- if a “permitted general situation” or “permitted health situation” (as defined in the Privacy Act 1988 (Cth)); or
- another exception contained in the Australian Privacy Principles applies.
BMSA will only use and disclose your sensitive information for the purpose for which it was provided, or a directly related secondary purpose, unless you agree otherwise or for other specific reasons, such as if the use or disclosure of this information is required by law or to prevent a serious threat to the life or health of an individual.
Sometimes, we may ask for your personal information so that we can keep in touch with you to tell you about our products and services which may be of interest to you including for product planning purposes. Please contact our Privacy Officer on 1800 067 567 or +61 3 8523 4200 or email@example.com if you do not wish your details to be used for marketing purposes.
BMSA's interactions with you via electronic means are regulated by the Commonwealth Spam Act. In compliance with the Act, BMS will not send you a commercial electronic message unless it has permission to do so.
If you send us an email
If you provide your email address to BMSA, you consent to BMSA using your email address to contact you for any of the purposes listed in this Policy, unless you tell us otherwise.
If you send us an email containing personal information, we will take reasonable steps to ensure the confidentiality of that information. The content of emails is sometimes monitored by our Internet Host for maintenance and fault detection purposes. We may also monitor email for legal compliance purposes.
Although we take steps to protect information sent by e-mail, e-mail is not a secure method of communication and if you are concerned about sending your personal information to us in this manner you may prefer to contact us by any of the other means set out below.
Why personal information is collected by BMSA
BMSA (and its related bodies, corporate affiliates and partners) may collect personal information about you to assist in providing you with relevant consumer information, and for other purposes reasonably necessary for our business.
For example, BMSA may collect information about you if you are a:
- healthcare professional (including doctor, pharmacist and nurse) for one or more of the following purposes:
- liaising with our sales representatives;
- maintaining a record of enquiries, complaints and adverse event reports relating to BMSA products and services;
- administering BMSA programs such as educational meetings, symposia, conferences, advisory boards, expert panels, disease awareness or similar programs (including the organisation and coordination of associated travel and accommodation);
- conducting market research;
- providing educational materials and medical information relevant to BMSA products;
- complying with legal and regulatory obligations, such as in the case of product recalls, product safety notifications and the reporting of adverse events; and
- identifying investigators for participation in clinical trials (including clinical trials run by a related body corporate of BMSA);
- any members of the public, in the course of:
- maintaining a record of enquiries, complaints and adverse event reports relating to BMSA products and services;
- receiving applications for employment or to work on temporary projects;
- conducting market research;
- participating in BMSA activities such as clinical trials, patient education, patient support programs, patient access programs, co-pay programs and disease awareness / management programs. Further specific notices on how we manage your personal information may be provided by us to you where you participate in any specific BMS clinical trials or patient support programs; and
- third parties who provide any service or information to BMSA.
BMSA does not intend to or knowingly collect personal information from individuals under the age of 18 years. If a child has provided us with personal information the parent or guardian can contact us at firstname.lastname@example.org.
In most cases, if you do not provide information about yourself which BMSA has requested, BMSA may not be able to provide you with the relevant service or information required.
How does BMS collect personal information?
Where possible, BMSA will collect your personal information directly from you. Our website may also offer interactive facilities, such as customer enquiry or comment forms, where personal information may be collected. In addition, we may obtain personal information from third parties such as our distributors, contractors, regulatory authorities, current employer and referees (where you have given your consent or the Australian Privacy Principles otherwise allow us to obtain that personal information in the absence of your consent), and publicly available sources.
How does BMS use personal information?
In general, BMSA uses personal information for the following purposes:
- as indicated to you at the time your personal information is collected;
- to provide ongoing information about BMSA products and services to people that BMSA believes may be interested;
- to provide information about products and services (including advice) that has been requested;
- to assist in setting up and conducting clinical trials, in accordance with regulatory requirements; and
- to comply with legal obligations; and
- to assess suitability for current and future opportunities for employment.
Do we disclose personal information to anyone else?
We may sometimes need to disclose your personal information to others. It is generally our policy not to disclose information to external organisations, however, examples of the types of organisations we may need to disclose information to are:
- related bodies corporate or company affiliates and partners;
- BMSA distributors;
- third parties within or outside Australia who are contracted to BMSA to provide a particular service on our behalf; and
- regulatory authorities within and outside Australia.
BMSA may engage other persons or organisations (for example, travel agents, market researchers, professional conference organisers, clinical research organisations and patient support program administrators) to assist BMSA in carrying out the above purposes. Your personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact you directly. In some circumstances they may disclose personal information they collected from you to BMSA or related bodies corporate of BMSA for one or more of the purposes already mentioned. BMSA will hold and use all personal information it collects from third parties about you for the purposes described in this statement.
Generally, we require that organisations outside BMSA who handle or obtain personal information as service providers to BMSA comply with the Australian Privacy Principles and acknowledge the confidentiality of an individual's personal information. However, BMSA is usually not responsible for the privacy or security practices of any third party and the collection and use of your personal information by third parties may be subject to separate privacy and security policies.
Do we disclose personal information overseas?
- if it is necessary in the interests of that individual's health and safety or public health and safety;
- if required by law (e.g. regulatory authorities when notifying adverse events);
- as part of any investigation of suspected unlawful activity; or
- with your consent.
Security of personal information
We hold your personal information electronically and in hardcopy.
Security of personal information is important to us and we take all reasonable precautions to protect personal information from misuse, loss, unauthorised access, modification or disclosure. Some of the ways we protect personal information include:
- external and internal premises security;
- restricting access to personal information only to staff who need it to perform their day to day functions;
- maintaining technology products to prevent unauthorised computer access or damage to electronically stored information, such as requiring identifiers and passwords, firewalls and anti-virus software; and
- maintaining physical security over paper records.
In the event that the security of your personal information is compromised, we will comply with our obligations under the Australian Privacy Act 1988 (Cth).
How long we retain your personal information
We will retain your information to comply with applicable laws, and where appropriate the information will be retained in a form that does not allow you to be identified. For example, we may retain your unsuccessful employment application (including personal information) for up to six (6) months for future employment opportunities unless you inform us otherwise.
Any personal information that we no longer require is destroyed or de-identified (e.g. if we retain the personal information for clinical trial data analysis, the information will be retained in a form that does not allow you to be identified).
Correction and Access to personal information by individuals
If you provide us with your personal information, we assume that it is up-to-date and accurate. We do everything we can to ensure that the personal information we hold is accurate complete and up-to-date whenever we collect or use it. This means that from time to time, we may ask you to tell us if there are any changes to your personal information. If you find that information we hold about you is incorrect, please contact us immediately and we will correct it.
You can, in most cases, access the personal information that BMSA holds about you. All requests for access or correct your personal information should be directed to the Privacy Officer by email or by writing to the address below. BMSA will deal with any requests for access to personal information as quickly as possible and will endeavour to respond within 14 days of receipt of the request in writing. In certain circumstances, BMSA may deny access to personal information. If access is denied, reasons for the denial will be given in writing and we will inform you of mechanisms available to complain about the refusal and of any other matter prescribed by the regulations from time to time.
BMSA generally will not charge a fee to individuals for access to their personal information. However, for complex requests, BMSA reserves the right to charge an appropriate fee to cover administrative costs.
If you have a complaint about the way in which we have handled any privacy issues, please let us know. You can make a complaint by contacting the person or department you were dealing with or by calling BMSA on 1800 067 567 or (03) 8523 4200 and asking to speak with the Privacy Officer or emailing contact.australia.bms.com. We will respond to complaint as soon as possible and will try to address any concerns that you have.
You may contact the Office of the Australian Information Commissioner (www.oaic.gov.au) for guidance on alternative courses of action that may be available.
Changes to our policy
BMSA' contact details are as follows:
Bristol Myers Squibb Australia Pty Ltd
PO Box 1080
Mt Waverley VIC 3149
Telephone 1800 067 567 or +61 3 8523 4200
Fax +61 3 8523 4455
Schedule 1 – Cookies and Other Technologies
Automatic collection of information – cookies and other technologies
An IP address is a number assigned to your computer whenever you access the internet. It allows computers and servers to recognise and communicate with one another. Public IP addresses from which visitors appear to originate may be recorded by BMSA for IT security and system diagnostic purposes. This information may also be used in aggregate form to conduct website trend and performance analysis, and to enhance user experiences.
Cookies may be placed on your computer or internet-enabled device whenever you visit us online. This allows the site to remember your computer or device, which assists us to effectively operate the site, perform analytics and to help us better engage with you. Although most browsers automatically accept cookies, you can choose whether or not to accept cookies via your browser's settings (often found in your browser's Tools or Preferences menu).
You may also delete cookies from your device at any time. However, please be aware that if you do not accept cookies, you may not be able to fully experience some of our website features.
Cookies by themselves do not tell us your email address or otherwise identify you personally. In our analytical reports, we may obtain other identifiers including public IP addresses, but this is for the purpose of identifying the number of unique visitors to our web sites and geographic origin of visitor trends, and is not used to identify individual visitors.
BMSA uses analytics tools, such as Google Analytics and Adobe Analytics. To provide website visitors with more choice on how their data is collected by Google Analytics, Google have developed the Google Analytics Opt-out Browser Add-on. Adobe also provides a range of opt-out options for Adobe Analytics.
A web beacon is a small clear image file on a web page or email that can be used to collect certain information from your computer such as an IP address, the time that content was viewed, a browser type, and the existence of cookies previously set by the same server.
BMSA or its service providers may use web beacons to track the effectiveness of third party websites that provide us with marketing services or to gather aggregate visitor statistics and manage cookies. You have the option to render some web beacons unusable by rejecting their associated cookies.
In some of our newsletters and other communications, we may monitor recipient actions such as email open rates through embedded links within the messages. We collect this information to gauge user interest and to enhance future user experiences.
BMSA may collect and use the geographical location of your computer or mobile device. This location data is collected for the purpose of providing you with information regarding services which we believe may be of interest to you based on your geographic location, and to improve our location-based products and services.
Third-party advertising and online behavioural advertising