ASEGUA PRIVACY STATEMENT

In the regular course of business, Asegua Therapeutics LLC, including its successors (together referred to as “Asegua”) interacts and communicates, directly or indirectly through its service providers, with health care professionals, customers, consumers, business partners, regulatory authorities, and others. Through these interactions and communications, personal information may be provided to Asegua and processed electronically and/or manually. Asegua respects individual privacy and values the confidence of such individuals. This Privacy Statement sets forth Asegua's privacy principles with respect to Personal Information, including the privacy procedures and technical security measures Asegua follows in its normal course of business to keep Personal Information private and secure.

Scope

This Privacy Statement applies to Personal Information received by Asegua (including Personal Information received by third-party organizations or individuals acting as Agents of Asegua) from health care professionals, customers, consumers, business partners, and other individuals, in any format, including electronic and paper, as part of Asegua's business operations. Types of third-party organizations include Asegua Affiliates and business partners.

Definitions

For the purposes of this Privacy Statement, the following definitions shall apply:

“Affiliate” means any third party which is under common control with Asegua.

“Agents” means a third party who represents and acts for Asegua pursuant to a duly executed contract or is otherwise duly authorized by Asegua to perform such representation and acts.

“Service Provider” means any consultants and contractors (including temporary employees) about whom Asegua has Personal Information, who are providing or have provided consulting or contracting services to Asegua.

"Asegua" means Asegua and its successors.

“Asegua Website(s)” means websites controlled by Asegua and subject to the Asegua Website Privacy Policy.

“Personal Information” means any information or set of information that relates to a Data Subject. Identification of an individual can be either direct or indirect and can be made by or on behalf of Asegua.

“Pseudonymization” means the processing of Personal Information in such a manner that such information can no longer be attributed to a specific Data Subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the Personal Information is not attributed to a Data Subject.

“Principles” means seven commonly recognized privacy principles:

  • Notice to individuals about the Personal Information collected and the purposes for which Personal Information is collected;
  • Choice as to whether an individual’s Personal Information may be disclosed to third parties or used for a purpose materially different from the purpose for which the Personal Information was originally collected;
  • Accountability for onward transfer of Personal Information to third parties;
  • Security in form of taking reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Information;
  • Data integrity and purpose limitation in the form of processing Personal Information only in a way that is compatible with the purposes for which it has been collected or subsequently authorized by the individual, taking reasonable steps to ensure that Personal Information is reliable for its intended use, accurate, complete, and current, and retaining Personal Information for only as long as it serves an authorized purpose;
  • Access to individuals of their Personal Information, including the right to correct, amend, or delete that Personal Information where it is inaccurate; and
  • Recourse, enforcement, and liability for the improper treatment or disclosure of Personal Information.

“Sensitive Personal Information (SPI)” means a Asegua-defined subset of Personal Information “PI” (similar to the EU-defined Sensitive Personal Data, with additional attributes), SPI includes information revealing unique government identifiers, financial information, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, sex life or sexual orientation, or any criminal offenses (alleged or otherwise).

Asegua Privacy Statement

Notice:

The collection, processing, storage, use, and disclosure of Personal Information in the business context is essential to the conduct of many of Asegua’s business functions. Asegua may collect, process, store, use, and disclose Personal Information from individuals directly and/or from third parties, subject to applicable law.

PURPOSE FOR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

Asegua processes Personal Information where you consent to us doing so. However, there are a number of instances where Asegua does not require your consent to engage in the processing or disclosure of Personal Information. Asegua may not solicit your consent for the processing or transfer of Personal Information for those purposes which have a statutory basis, such as:

  • The transfer or processing is necessary for the performance of a contract between you and Asegua (or one of its Affiliates);
  • The transfer or processing is necessary for the performance of a contract, concluded in your interest, between Asegua (or one of its Affiliates) and a third party;
  • The transfer or processing is necessary, or legally required, on important public interest grounds, for the establishment, exercise, or defense of legal claims, or to protect your vital interests; or
  • The transfer or processing is required by applicable law.

Asegua collects, uses and discloses your Personal Information in its normal course of business for the following purposes:

  • Establishing and maintaining communications with you;
  • Disease management, education, or decision support systems related to the use of Asegua products or services;
  • Where you have requested a service from Asegua, assisting you in the completion of your application, the assessment of your eligibility for any such requested service, the processing and maintenance of the service, as well as any applicable renewal of such service;
  • Responding to your inquiries about applications, trials and other services;
  • Making proposals for future service needs;
  • Allowing our affiliated companies to notify you of certain products or services offered by our affiliated companies;
  • Processing transactions through service providers;
  • Meeting legal, security, processing, and regulatory requirements;
  • Protecting against fraud, suspicious or other illegal activities; and
  • Compiling statistics for analysis of our sites and our business.

WHAT DATA WE COLLECT

When interacting with Asegua, you may choose to provide us with information to help us serve your needs. The Personal Information that we collect will depend on how you choose to interact with Asegua.

Where you request information about our services

If you request further information about our services, we require you to submit your name, e-mail address, the name of your organization, and the country in which you are based so we may send you the material you have requested, and to enable us to identify whether you have an existing relationship with Asegua.

Where you register with us and/or request services

If you register with us, or request a service available on the Site, we may ask you for your name, e-mail address, country, telephone number and the reason for your communication; as well as information about your position, organization, and such other information as is reasonably necessary so that we can provide you with the service. On the data submission form, we shall indicate by way of an asterisk, which information is optional and which information is mandatory. This information can include information you provide on applications or other forms, which may include your name, address, email address, and payment information.

Individuals should not provide Asegua with any Personal Information that is not specifically requested. Where Asegua receives Personal Information from its subsidiaries, affiliates, or other entities, it will use or disclose such Personal Information in accordance with the above procedures.

Asegua may consolidate or aggregate Personal Information in a non-identifiable form (anonymized/Pseudonymized data) to help Asegua improve product design and services, to enhance Asegua’s research activities, and to facilitate other business functions.

DISCLOSURE OF INFORMATION TO OTHERS

We do not disclose any Personal Information about you to any third parties except as stated in this Privacy Statement or as notified to you, or as otherwise permitted by law, or authorized by you.

Generally

Third parties to whom we disclose information are required by law and contractual undertakings to keep your Personal Information confidential and secure; and to use and disclose it for purposes that a reasonable person would consider appropriate in the circumstances, in compliance with all applicable legislation, which purposes are as follows:

  • To provide the products and services you have requested from us;
  • To notify you, or allow our affiliated companies to notify you of certain products or services offered by our affiliated companies;
  • For legal, regulatory, and related purposes; and
  • To process transactions through data processing service providers.

If these third parties wish to use your Personal Information for any other purpose, they will have a legal obligation to notify you of this and, where required, to obtain your consent. Contact us at [email protected] for more information on these third parties.

Affiliate Sharing

In the normal course of performing services for our clients, Personal Information may be shared within Asegua and its affiliates for research and statistical purposes, drug safety and efficacy purposes, disease management, system administration and crime prevention or detection, or any purpose otherwise identified in this Privacy Statement.

Service Providers

Because a number of the service providers we use in pursuance of the purposes mentioned above are located in countries other than your own, your Personal Information will be processed and stored inside those other countries, and those countries’ governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Information under local laws.

Business Transactions

As we continue to develop our business, we might sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if either Asegua itself or substantially all of Asegua assets were acquired, your Personal Information may be one of the transferred assets. Therefore, we may disclose and/or transfer your Personal Information to a third-party in these circumstances.

Other Legally Required Disclosures

Asegua reserves the right to disclose without your prior permission any Personal Information about you or your use of this Site if Asegua has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of Asegua, employees, other users of this Site, or the public; (b) enforce the terms and conditions that apply to use of this Site; (c) as required by a legally valid request from a competent governmental authority and/or to comply with a judicial proceeding, court order, or legal process; or (d) respond to claims that any content violates the rights of third parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Choice:

Where Asegua relies on consent for the fair and lawful processing of Personal Information, the opportunity to consent will be provided prior to when the Personal Information in question is collected. Your consent may be given through your authorized representative such as a legal guardian, agent, or holder of a power of attorney. Where Asegua relies on consent, you will be entitled to withdraw that consent at any time.

For SPI, Asegua will provide individuals the opportunity to affirmatively and explicitly authorize or consent to the collection, processing, transfer, or disclosure of their SPI to a non-Agent third party or the use of their SPI for a purpose other than the one for which the individual originally consented.

Asegua will not disclose your Personal Information to third parties except as otherwise stated in this Privacy Statement or otherwise notified to you.

Asegua maintains servers and other storage facilities in the United States, EU, and Asia. Asegua may transfer Personal Information outside of its country of origin for the purposes, and in the manner, set out above; including for processing and storage by Service Providers and Affiliates in connection with such purposes. In all situations, Asegua takes reasonable steps to ensure that your privacy is protected. Such steps include, but are not limited to: implementing privacy, security, and contractual controls; as well as steps noted above, as required by applicable law. To the extent that any Personal Information is sent out of an individual’s country, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts, or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country, consistent with the Principles.

Accountability for Onward Transfers: Asegua will obtain assurances from its Service Providers and Affiliates that they will safeguard Personal Information consistent with this Privacy Statement. An example of appropriate assurances that may be provided by Service Providers and Affiliates includes a contractual obligation that they provide at least the same level of protection as is required by Asegua’s privacy principles set out in this Privacy Statement. Where Asegua has knowledge that a Service Provider or Affiliate is using or disclosing Personal Information in a manner contrary to this Privacy Statement, Asegua will take appropriate steps to prevent or stop the use or disclosure.

Security

Asegua has implemented reasonable physical, technical and managerial controls and safeguards to keep your Personal Information protected from unauthorized access, disclosure, alteration, and destruction. Such measures may include, but are not limited to: the encryption of communications via SSL, encryption of information while it is in storage, firewalls, access controls, separation of duties, and similar security protocols.

Access to Personal Information is limited to a restricted number of Asegua employees whose duties reasonably require such information, Agents with whom Asegua contracts to carry out business activities for Asegua, and, with an individual’s consent, certain companies with which Asegua may conduct joint programs. Asegua trains its employees on the importance of privacy and how to handle and manage Personal Information appropriately and securely. Personal Information handled by Agents, or companies with which Asegua may conduct joint programs, is governed by this Privacy Statement.

Data Integrity and Purpose Limitation

Asegua will use Personal Information only in ways that are compatible with the purposes for which it was collected, or consented to by the individual. Asegua will have appropriate steps in place to ensure that Personal Information is relevant to its intended use, accurate, complete, and current. Asegua will only store Personal Information for as long as it is needed to fulfill the purposes for which it was collected, subject to applicable data retention periods imposed upon Asegua by applicable law. This may mean that your Personal Information is stored by Asegua for a number of years, depending on the purpose and need for that data to be processed. For more information about Asegua’s retention periods for Personal Information, please refer to the contact information section below.

Your Rights

Where individuals have rights under laws applicable to them and upon written request, Asegua will grant individuals access to Personal Information that it holds about them, subject to any legal restrictions. In addition, Asegua will permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete or to object to certain types of processing of such information or to data portability, in certain circumstances and subject to certain exceptions provided by law. Asegua may not be able to comply with a request where Personal Information has been destroyed, erased or made anonymous in accordance with Asegua’s record retention obligations and practices. In the event that Asegua cannot provide an individual with access to his/her Personal Information, Asegua will endeavor to provide the individual with an explanation, subject to any legal or regulatory restrictions.

Recourse, Enforcement and Liability

Individual Complaint

Individuals may contact Asegua regarding any question or complaint regarding the collection, processing, and transfer of their Personal Information by emailing their request to [email protected]. Asegua will promptly investigate and respond to complaints within 45 calendar days of their receipt. Asegua will attempt to resolve complaints, disputes and requests to revoke consent regarding collection, processing, transfer, and disclosure of Personal Information in accordance with the principles contained in this Privacy Statement.

Asegua will conduct periodic compliance audits of its relevant privacy practices to verify adherence to this Privacy Statement.

Contact Information

Any questions or concerns regarding handling of Personal Information by Asegua, or related to revocation of consent to collect, process, transfer, or disclose or your Personal Information should be directed by email to [email protected].

Any requests to opt-out of future communications from Asegua, or to opt-out of a particular Asegua program should be directed to Asegua by e-mail at [email protected].

Alternatively, letters may be sent to the following address:
Asegua Therapeutics LLC
Attn: Privacy Group
333 Lakeside Drive
Foster City, CA 94404

All communications to Asegua 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. Asegua will endeavor to respond to all reasonable requests in a timely manner, and in any case, within any time limits prescribed by applicable local law.

Changes to Asegua Privacy Statements

Asegua reserves the right to amend this Privacy Statement from time to time to reflect technological advancements, legal and regulatory changes, and Asegua’s business practices, subject to applicable laws. If Asegua changes its privacy practices, an updated version of this Privacy Statement will reflect those changes. Asegua will provide notice of such changes by updating the effective date listed on this Privacy Statement. It is your responsibility to check this Privacy Statement frequently to view any amendments. Your continued interaction with Asegua, in the activities covered above, will be subject to the then-current Privacy Statement.

United States Only

This site and the product information provided on this site are intended for residents of the United States only. Asegua products are not marketed outside of the United States.

This information is intended for US residents only. The information provided in this website is for educational purposes and not meant to replace a discussion or advice with a healthcare provider.

ASEGUA and the ASEGUA logo are trademarks of Asegua Therapeutics LLC. EPCLUSA, HARVONI, SUPPORT PATH and GILEAD are trademarks of Gilead Sciences, Inc., or one of its related companies and are used by permission. All other trademarks referenced herein are the property of their respective owners.

© 2019 Asegua Therapeutics LLC. All rights reserved. ADMP0733 01/19

Asegua Therapeutics LLC is an affiliate of Gilead Sciences Inc.