Bristol-Myers Squibb Australia Pty Ltd and its affiliates (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 aims to provide visitors to its website with high quality information in accordance with applicable laws and guidelines. To achieve this, we aim to make efficient use of any personal information we collect from visitors to our website.
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.
What personal information may BMSA collect about you?
Some of the information BMSA may collect about you includes:
• your name and contact details;
• the name of your doctor or pharmacist;
• details of medicines that you currently use or have previously used; 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.
Some personal information that BMSA may collect about you is considered "sensitive". Sensitive information which BMSA may collect 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 reasonable 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.
The Australian Privacy Principles require that sensitive information is used and disclosed only 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 life of 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. Please contact our Privacy Officer on 1800 067 567 or +61 3 8523 4200 or firstname.lastname@example.org if you do not wish your details to be used for marketing purposes.
Why personal information is collected by BMSA
BMSA (and its related bodies corporate or company 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:
• healthcare professionals (including doctors, pharmacists and nurses) for one or more of the following purposes:
o liaising with our sales representatives;
o maintaining a record of enquiries, complaints and adverse event reports relating to BMSA products and services;
o 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);
o conducting market research;
o providing educational materials and medical information relevant to BMSA products;
o complying with legal and regulatory obligations, such as in the case of product recalls, product safety notifications and the reporting of adverse events; and
o identifying investigators for participation in clinical trials (including clinical trials run by a related body corporate of BMSA).
• members of the public, in the course of:
o maintaining a record of enquiries, complaints and adverse event reports relating to BMSA products and services;
o receiving applications for employment or to work on temporary projects;
o conducting market research;
o participating in BMSA activities such as clinical trials, patient education, patient support programs, and disease awareness / management programs; and
• third parties who provide a service or information to BMSA.
BMSA does not intend to collect personal information from individuals it knows to be under the age of 18 years. If a child has provided us with personal information the parent or guardian can contact us at email@example.com.
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 and the individual's right to privacy. 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.
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.
As mentioned above, BMSA may disclose your personal information to an overseas recipient. The countries in which the overseas recipients of your personal information are likely to be are listed in Annexure A. If BMSA discloses your personal information to an overseas recipient, it will take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information, subject to the exceptions contained in the Australian Privacy Principles. If BMSA intends to disclose your personal information to an overseas recipient whose location is not listed in Annexure A, or we otherwise consider appropriate, you will be notified. We may also disclose personal information that we hold:
• 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.
Ensuring personal information is up-to-date, accurate, complete and relevant
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.
Please let us know if there are any changes required to your personal information by contacting our Privacy Officer on 1800 067 567 or +61 3 8523 4200 or contact.australia.bms.com. We will ensure that your personal information is updated as soon as possible.
Security of personal information
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.
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. However, 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).
Access to personal information by individuals
You can, in most cases, access the personal information that BMSA holds about you. All requests for access to 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.
Privacy and our website
The type of personal information we collect on our website depends on how you make use of the site.
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 information provided may also be retained for product planning purposes, unless you tell us that you don't want it used for direct marketing purposes.
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 to BMSA and you are advised to make your own enquiries prior to disclosing your personal information on these websites.
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.
BMSA' 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. 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.
If you believe that the privacy of your personal information has been compromised, 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.
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