Privacy Policy - Bristol Myers Squibb

Last Updated: November 10, 2020

Bristol Myers Squibb Canada Co., together with its Canadian-resident affiliates, including Celgene Inc. (collectively, “Bristol Myers Squibb Canada”, “we”, “us” or “our”), respects your privacy and is committed to protecting your personal information. We encourage you to read this privacy policy before using our website, services or submitting information to us.

If you do not agree with this privacy policy, please do not use our website, sign up for our services or provide us your personal information.

About this privacy policy

This policy applies to Bristol Myers Squibb Canada’s collection, use or disclosure of personal information obtained through:

Our website located at https://www.bms.com/ca/ (“website”), mobile applications and other online resources (such as consumer and healthcare professional product-related online information services);
Our services, programs and offerings (such as patient support services);
Requests for information about our products, services and programs;
Applications to access and use our products, services and programs;
Our recruitment processes; and
Any other interactions you may have with us (by telephone, email and in person).

This policy is not intended to cover information other than personal information, such as business or anonymous information. For more information related to the privacy practices of Bristol Myers Squibb corporate affiliates outside Canada please go to https://www.bms.com/privacy-policy.html.

What is personal information?

Personal information is any information, whether factual or subjective, about an identifiable person. For instance, personal information may include:

Name, address and other contact information of patients, patients’ relatives, caregivers, powers of attorney, next of kin, and healthcare providers;
Date of birth, age, gender;
Healthcare information;
Financial information;
Health professionals’ training, licensing, and certification information;
Resumés, cover letter, reference check information, information from interviews;
Prescribing and dispensing information;
Your opinions, preferences and feedback; and
Device and other technical information collected when accessing our website and online resources.

Getting your consent

We only collect information by lawful means. As part of using our products, programs and services or interacting with us, we may collect and process some details about you. When we do so, we will collect, use or share your personal information with your consent for the purposes identified or as otherwise permitted or required by law. In compliance with our privacy obligations, we may obtain your permission based on implied consent (including through this privacy policy) or through other means (such as express consent). However, in some situations, the law allows us to collect, use or disclose personal information without your consent.

You may withhold or withdraw your consent for us to collect, use or share your personal information, as long as there are no legal or contractual requirements for us to process your information. Depending on the circumstances, however, withdrawal of your consent may impact our ability to serve you.

Where we get your information

We collect personal information in the following ways:

Directly from you:
- When you use Bristol Myers Squibb Canada’s website, apps and other online resources;
- When you attend a Bristol Myers Squibb Canada site or event;
- In your capacity as a healthcare professional or caregiver;
- When you apply for a position with Bristol Myers Squibb Canada;
- If you contact us, such as with a complaint or query;
- When you engage with us over social media;
When you enroll or participate in certain Bristol Myers Squibb Canada controlled drug distribution programs, clinical trials, patient support programs, research programs, and/or receive other services;
Through one of your healthcare professionals or others on your healthcare team to report an adverse experience in relation to one of our products, further to your consent; and
From third party service providers.

What information we collect and why?

Bristol is Myers Squibb Canada collects and uses personal information for a variety of reasons. If we collect personal information for purposes other than those described in this privacy policy, we will identify those additional purposes before or at the time the information is being collected.

Bristol Myers Squibb Canada generally aims to minimize the collection of sensitive personal information. Where this type of information is requested, Bristol Myers Squibb Canada may provide separate consent forms to ensure you understand why the information is requested and how it will be used. Examples of sensitive personal information include, health and biometric information, social insurance number, financial information, etc.

We may collect and use the following types of information for the following purposes:

Personal information category	Source	Types of information we may collect	How we may use it
Contact and identity information	Clinical trial participants, patients, health care providers, clinical investigators, website visitors, care givers, third party service providers	Name, alias, username, online identifier, email address, postal address, telephone number, facsimile number, Internet Protocol address, marital status, date of birth, reported gender, social insurance number (partial or full), driver’s license number, passport number, or other similar identifiers	· Identify and authenticate you · Communicate with you · Determine service, program and product eligibility, including for clinical trials, patient support programs, research programs, and/or receive other services · Enroll you in programs and provide you with products and services, including for clinical trials, patient support programs, research programs, and/or receive other services · Administer, manage, analyze, and improve our programs, products, and services including for clinical trials, patient support programs, research programs, and/or receive other services · Provide counseling, education, services and other information relating to our controlled distribution programs and to fulfill the requirements of our controlled distribution program · Provide you with relevant information and assistance on our products or services and to manage our customer relationships · Engage in service and product promotion, including to contact you regarding programs, products, services, and topics that may be of interest or useful · Engage in joint marketing initiatives · Fulfil your requests · Issuing tax documents where required by law
Biometric and physical characteristic-based information	Patients, clinical trial participants, caregivers, healthcare professionals	Height, weight, hair and eye colour, age, information related to sexuality or sex life, disability as well as physiological, biological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including DNA, fingerprint, voice print, diagnostic or lab results, imagery of the face from which an identifier template can be extracted, and sleep, health, or exercise data that contain identifying information	· Determine and verify program, product, and service eligibility and coverage, including for clinical trials, patient support programs, research programs, and/or receive other services · Administer, manage, analyze, and improve our programs, products, and services, including for clinical trials, patient support programs, research programs, and/or receive other services · Assist in managing emergency incidents, including adverse reactions, that occur while participating in clinical trials, patient support services or on Bristol Myers Squibb Canada premises · Analyze and better understand your needs, preferences, and interests, as well as those of other consumers
Health information	Clinical trial participants, patients, health care providers, clinical investigators, health insurance organizations, caregivers, third party service providers	Any information in possession of or derived from a healthcare provider, healthcare service plan, pharmaceutical company, or contractor regarding an individual’s medical history, family history, medical conditions, drug prescription history, mental or physical condition or treatment	· Determine and verify program, product, and service eligibility and coverage, including for clinical trials, patient support programs, research programs, and/or receive other services · Enroll you in our programs and services, including for clinical trials, patient support programs, research programs, and/or receive other services · Administer, manage, analyze, and improve our programs, products, and services, including for clinical trials, patient support programs, research programs, and/or receive other services · Assist in managing emergency incidents, such as adverse reactions, that occur while participating in clinical trials, patient support services or on Bristol Myers Squibb Canada premises · Track, monitor, investigate, audit, and enforce compliance with our policies, product/service terms and conditions, and legal and regulatory requirements including for safety monitoring, pharmacovigilance and health regulatory purposes · Analyze and better understand your needs, preferences, and interests, as well as those of other consumers
Insurance and financial information	Directly from you, caregivers, healthcare providers, health insurance organizations and other payors, third parties, financial institutions	Insurance policy number or any unique identifier used by a health insurer to identify the individual, any information in the individual’s application and claims history, financial circumstances and funding requests, payment and reimbursement amounts, and banking information	· Determine and verify program, product, and service eligibility and coverage, including for compassionate funding programs, patient support programs. · Enroll you in our programs and provide our products and services to you, including for clinical trials, patient support programs, research programs, and/or receive other services · Administer, manage, analyze, and improve our programs, products, and services, including for clinical trials, patient support programs, research programs, and/or receive other services · To issue invoices and process payments · To reimburse customers, satisfy warranty obligations and fulfill our payment obligations · For fraud investigation and management purposes · For recordkeeping and compliance purposes
Health practitioner, clinical investigator and medical professional information	Healthcare providers, medical practitioners, professional registries and accreditation bodies, patients, third parties	Educational, training, licensing, certification, business and employment information. Additionally, prescribing and dispensing information and patterns as well as medical opinions, preferences and feedback	· Assess eligibility to participate in our programs and services, including for controlled drug distribution programs, clinical trials, patient support programs, and research programs · Enroll you in our programs and services, including for controlled drug distribution programs, clinical trials, patient support programs, and research programs · To administer, manage, analyze, and improve our programs, products, and services, including for controlled drug distribution programs, clinical trials, patient support programs, and research programs · Track, monitor, investigate, audit, and enforce compliance with our policies, product/service terms and conditions, and legal and regulatory requirements including for safety monitoring, pharmacovigilance and health regulatory purposes · Analyze and better understand your needs, preferences, and interests
Job applicant information	Directly from applicants, past employers or other references, third parties (such as recruitment agencies, background checking services, government and regulatory body registry databases)	Resumé, cover letter, recommendation letters, employment history and interests, interview records, behavioural assessments, background check-related information and records (such as police records, and media and social media searches)	· Staffing and recruitment activities · Maintain an inventory of candidates for current and future work opportunities
Audio visual and other interaction-based information	Directly from you, automatically (such as when we record calls to our call center and use CCTV cameras in our facilities), third party service providers	CCTV recordings, telephone call recordings and transcripts, records of communications (emails, letters, online chat etc.)	· Quality assurance and staff training purposes · Provide you with the services and information which you request · Communicate with you and respond to your inquiries, including responding to and resolving complaints · Understand any concerns you may have and improve your experience · Compliance and recordkeeping purposes · Security and loss prevention purposes

We may also collect and use your information to:

Understand your needs, the suitability of our products and services, and assess future needs;
Provide services tailored to your requirements and to treat you in a more personal way;
Administer surveys, or request feedback to improve and manage our relationship with you;
Research, analyze, develop, manage, protect and improve our business operations, our products and services, and to test new products and services, including:
- Audit, data analytics and research to help us deliver and improve our digital platforms, content and services;
- Monitor and analyze trends, usage and activities in connection with our products, programs and services to understand which parts of our services and offerings are of the most interest and to improve the design and content of programs and services;
Facilitate our business and operational needs;
Administer and protect the security of our business, and our website, app and other services;
Meet our legal and regulatory obligations, including to enforce our legal rights; and
To fulfil other purposes related to any of the above.

De-identified, aggregated, and anonymized information

We may generate de-identified, aggregated or anonymized information using personal information. Such information does not reveal your identity.

We may use de-identified, aggregated or anonymized information to conduct research, compile aggregate data sets, statistics and reports and to perform analytics about Bristol Myers Squibb Canada’s products, programs, services, service standards, business operations, and trends for use by Bristol Myers Squibb Canada, its affiliates and our respective third‑party service providers, including to understand how we are performing, or to develop relevant products, services or programs. For example, we may receive anonymized information from our patient support program administrators to enable us to evaluate and improve the program, and for compliance purposes. Additionally we may share de-identified, aggregated or anonymized information collected from our clinical trial research with regulators within and outside Canada, consistent with the applicable informed consent form.

Such information may also be shared with third parties for contractually specified reporting and statistical usage purposes and with our service providers, including to create marketing materials, case studies, research publications, statistical analyses and regulatory reports. For instance, we may share adverse reaction metrics with health regulators and agencies.

Sharing your personal information?

Bristol Myers Squibb Canada does not sell or lease your personal information to third parties.

Bristol Myers Squibb Canada may share personal information with corporate affiliates and partners and may engage third parties to process personal information on its behalf. These third parties are required to protect the data, and limit use and disclosure of the information for the specific purposes for which we supplied it. For example, Bristol Myers Squibb Canada may share personal information with:

Bristol Myers Squibb Canada’s United States affiliate to meet our legal and compliance requirements and operational needs;
Other Bristol Myers Squibb Canada affiliates, partners with whom we are jointly marketing a product or service, and service providers whom we have engaged to assist us in our business functions;
Government, regulatory and law enforcement agencies to meet our compliance, regulatory, and risk management obligations or to comply with the law. For example, we may disclose information to Health Canada, U.S. Food and Drug Administration, and other regulators to comply with adverse event reporting requirements and other regulatory requirements established by Health Canada, U.S. Food and Drug Administration or other regulators;
Third party service providers that provide Bristol Myers Squibb Canada with services, such as legal counsel, auditors, organizations that help us administer enrollment programs, services and compliance requirements, organizations that assist us with data storage and information processing, market research companies, and organizations that conduct clinical research studies;
Third parties in connection with a business transaction, including a corporate re-organization, bankcruptcy, merger or amalgamation, or the sale of all or some of our assets, provided that the personal information disclosed continues to be used for the purposes permitted by this policy by the entity acquiring this information.

Additionally, we may disclose your personal information where and when required or permitted by law to do so or where you otherwise specifically consent to the disclosure. For example, we may need to disclose personal information in order to comply with tax legislation or to assist law enforcement.

Cookies and other technology

Information that is Automatically Collected

We, and our third-party service providers, may automatically collect information related to your use of our website, apps and other online resources through cookies and similar tracking technologies. We do not collect personal information that can identify you directly, such as by name, when browsing our website.

How we use information gathered from cookies and other technologies

We use cookies and similar technologies to:

Make your experience personalized and efficient
Understand and improve our digital services and offerings

Cookies

Cookies are small text files that are stored on the browser of your computer that assign an anonymous identifier to your browser and provide information to the cookie sender. Cookies may be placed on your computer by us when you our website or other digital offerings. In addition, we may use third party cookies that track how you use our website or other online resources in order to target advertisements to you on other websites.

You can manage website cookies in your browser settings, and you always have the choice to change these settings by accepting, rejecting, or deleting cookies. Please note that if you disable or delete cookies, the website may not function fully or as intended. Visit the Digital Advertising Alliance of Canada page at http://youradchoices.ca/choices/ for more information on how to manage and remove cookies and other targeted advertising.

Web Beacons

A Web Beacon is a clear GIF (Graphics Interchange Format) image or pixel tag that companies place on their Web sites to allow an Internet advertising or audience measurement company to help them analyze their advertising campaigns and general usage patterns of visitors to their Web sites. Bristol Myers Squibb Canada uses Web beacons on some of its Web sites. Subject to the transfer of control described below, Bristol Myers Squibb Canada will not sell or rent your personally identifiable information.

Web Server Data Collection and and Other Technologies

With or without cookies, our Web site keeps track of usage data, such as the source address that a page request is coming from (i.e., your IP address, domain name), date and time of the page request, the referring Web site (if any), and other parameters in the URL (e.g., search criteria). If you are a healthcare provider, you may be have registered with third parties and granted permission to share your personally identifiable information and online activities with others, such as pharmaceutical companies. Those third parties may provide us with technologies that allow us to see when you have been on our Web site while you are visiting even if you have not contacted us directly or registered on our Web site.

We use web server data and other technologies to better understand Web site usage on the whole and to determine which areas of our Web site users prefer (e.g., based on the number of visits to those areas). This information is stored and used by Bristol Myers Squibb for statistical reporting. In some cases, to provide you better tailored programs and information, we may collect and consolidate your online information, and match it with personally identifiable information collected from other third party resources and programs. We may work with third parties to help us with these activities.

International transfers of information

Bristol Myers Squibb Canada is a global organization with affiliates, partners and service providers located in many countries around the world. For that reason, Bristol Myers Squibb Canada may transfer and/or receive certain personal information across geographical borders to and/or from Bristol Myers Squibb Canada entities, affiliates or service providers in other countries working on our behalf in accordance with applicable law. Examples of countries we transfer personal information to include, but are not limited to, the United States and the United Kingdom.

Storage of your information

Bristol Myers Squibb Canada may store your personal information in its databases located in the United States, Canada, or other countries. Additionally, some of our service providers may store or access personal information from countries other than your home jurisdiction, and in those circumstances will be subject to the laws of that local jurisdiction. As a result, in certain circumstances, other foreign governments, courts, law enforcement agencies or regulatory agencies may be entitled to access the personal information collected and held by Bristol Myers Squibb Canada. In addition, if you are visiting our website from a country other than Canada, your communication through our website or any of our services may result in the transfer of information across international boundaries. By using our website or any of our programs and services, you consent to the collection, storage, and processing of your information in Canada, the United States and in any country to which we may transfer your information in the course of our business operations.

Retention of your information

We only keep your information as long as it is operationally or legally necessary. When we no longer need the information, it is either destroyed or made anonymous.

Safeguards

We use reasonable physical, technological, organizational and contractual safeguards, appropriate to the sensitivity of the information, to protect personal information in our possession or under our control from theft, loss and unauthorized access, disclosure or use.

Hyperlinks

Our website and online resources may contain hyperlinks allowing users to visit other sites operated by other companies. Bristol Myers Squibb Canada is not responsible for the privacy practices, business practices or content of any of such websites to which we link. If you access such third-party websites, either directly or via the website, you should review the privacy policy of each site.

Children’s information

We do not knowingly collect, use or share personal information directly from children. Our website and online resources are not directed at children. For any minor to access our programs, products and services, the parent or guardian of such child must contact us on their behalf.

If we determine upon collection that a user is under age, we will not use or maintain their personal information without the parent’s or guardian’s consent. If we become aware that we have unknowingly collected personal information from a child, we will make commercially reasonable efforts to delete such information from our records.

Accessing and correcting your information

Bristol Myers Squibb Canada is committed to ensuring that the personal information we hold is accurate and complete. You have the right to request access to your personal information in our files and to ask for update or removal of that information as necessary, subject to any legal restrictions that would prohibit such action.

To access your personal information, submit a written a request that identifies yourself, the information you want to review and how we can contact you (see ‘Contact information’ below). We may not be able to provide you with all the information you request, depending on the circumstances, and there may be a charge for any copy of personal information requested.

Contact information

If you have any questions or concerns about this privacy policy or Bristol Myers Squibb Canada’s processing of your personal information, or to make a complaint, please do not hesitate to communicate in writing with our Privacy Officer at:

By regular mail:

Privacy Officer
Bristol Myers Squibb Canada Co.
2344 Alfred-Nobel Boulevard
Suite 300
Saint-Laurent, Quebec
H4S 0A4

By email:

PrivacyOfficerCanada@bms.com

Please note that we may need to confirm your identity or request additional details in order to process your request.

Changes to our privacy policy

We may modify this notice from time to time and will post the most current version online.