Privacy Notice

Effective Date: December 17, 2024

This Privacy Notice explains how TerSera Canada Inc. and its affiliated companies (collectively, “TerSera”, “us”, “we” or “our”) collects, uses, discloses and protects your personal information through websites, applications, services or programs that link to this Privacy Notice (collectively, “TerSera Services”).

COLLECTION OF PERSONAL INFORMATION

Personal Information

Personal information is information about an identifiable individual, and includes name, title, postal address, telephone number, email address, age, occupation, and other information set out in the applicable Canadian and provincial privacy laws.

In carrying out our business in Canada, we collect various types of personal information with consent of the individual or when required or permitted by law and this includes information about customers, patients, healthcare professionals (including physicians, pharmacists, and nurses), and visitors to our website. The types of personal information that we may collect include the following:

• the names and other contact information of visitors to our website who submit online requests for information on our products
• names and other contact information on patients who use our products and services, when contacting us (whether directly or through our affiliates or third-party service providers assisting us in our administration of a service or program) to seek additional information about our products or services. In such cases, we may also collect the patient’s personal health information and medical histories to enable us to provide information that we believe is relevant to the patient’s health condition
• information about a patient’s lifestyle or household as this can often determine a patient’s ability to manage his or her medical condition
• information about a patient’s adverse reaction to our product in our reports to Health Canada or other regulatory agencies
• names and other contact information of patients who wish to participate in our clinical studies or to access products that are not currently commercially available in Canada
• information that we may collect during meetings with healthcare professionals, including information regarding their areas of practice or specializations, professional qualifications and other credentials as well as any questions, comments and opinions that they may have about our products or services
• information that we may collect from job applicants through our career page to consider and administer your application for employment

Passive Collection of Unidentifiable Information

TerSera Services may collect information about your visits to such sites without you actively submitting such information. Unidentifiable information may be collected using various technologies, such as cookies, Internet tags, and Web beacons. Your Internet browser automatically transmits to TerSera Services some of this unidentifiable information, such as the URL of the website you just visited and the browser version your computer is operating. Passive information collection technologies can make your use of TerSera Services easier by allowing TerSera to provide better service, customize sites based on consumer preferences, compile statistics, analyze trends, and otherwise administer and improve the TerSera Services. Certain features of TerSera Services may not work without use of passive information collection technologies. Information collected by these technologies cannot be used to identify you without additional identifiable information. 

Links to Other Websites

TerSera Services may provide links or references to other websites that are not owned or controlled by us. These links are provided only as a convenience to users. The availability of these links does not constitute our endorsement of the linked sites. Therefore, we cannot be responsible or liable for any damages or injuries arising from information provided at these sites or your use of these sites, including your submission of personal information through these sites and how these sites use or disclose your personal information. This Privacy Notice applies only to information gathered by us on TerSera Services.

Sites Linking to Us

We do not endorse, and are not responsible for, websites that link to our websites.

USE OF PERSONAL INFORMATION

Personal information that TerSera Services collect may be used for one or more of the following purposes:

• to monitor interest in information contained on our website for marketing and research purposes and to make improvements to our website, its content, and ease of use
• to administer questionnaires, surveys, and other discussion forums
• to respond to questions, feedback, comments, and contest submissions
• to make improvements to our products and services
• to follow up and otherwise gather more information on reports of adverse events or complaints relating to our products or services
• to advise Health Canada or other regulatory agencies of adverse drug reactions and other related events in compliance with applicable laws
• to provide clinical evaluation packages to healthcare providers and obtain their feedback
• to obtain the advice of healthcare professionals
• to establish and sponsor educational programs to raise awareness of a health condition and health management practices as well as scientific and clinical developments
• to notify patients and healthcare professionals of product-related matters, including product recalls
• to market and promote our products and services
• to evaluate applications for employment
• to otherwise comply with regulatory, securities, and other applicable laws
• to respond to court or administrative orders, or to bring or defend against legal actions

DISCLOSURE OF PERSONAL INFORMATION

We may disclose or transfer personal information under the following circumstances:

• to Canadian and/or other international regulatory authorities as required, if you are reporting an adverse event or side effect
• to your healthcare providers, at your request, whether to obtain certain medical information from your healthcare provider, to provide certain product information to your healthcare provider or to otherwise assist you in participating in our program offerings
• to our subsidiaries, affiliates, agents, and outside service providers, who assist us in carrying out our business and who have agreed to protect the confidentiality of your personal information on terms that are consistent with those set out in this Privacy Notice. These services may include data collection, processing and management, product order fulfillments, mailings, designing and conducting product educational and other programs, and record storage and archival. Only personal information that is required to provide the service in question will be disclosed or transferred
• to a court, administrative tribunal, governmental authority or other body authorized to compel the disclosure of your personal information, for the purpose of complying with legal requirements such as a law, regulation, search warrant, subpoena, court or administrative order, or as otherwise required or permitted by applicable law
• if the rights or property of TerSera, its subsidiaries, affiliates, third-party service providers or the users of our website may be compromised
• if the personal safety of users of our website or other members of the public may be compromised
• in connection with a proposed or actual financing, securitization, sale, merger, amalgamation, plan of arrangement, acquisition, conveyance, assignment or other transfer or disposal of all or part of TerSera or our business or assets, for the purpose of evaluating and/or carrying out the proposed transaction, and may use and disclose your personal information for the same purposes for which the information was collected and on terms of confidentiality that are consistent with those set out in this Privacy Notice. Only personal information that is required for these purposes will be disclosed or transferred

Please note that some of these disclosures may involve the storage or processing of personal information outside of Canada and may therefore be subject to different privacy laws than those applicable in Canada, including laws that require the disclosure of personal information to governmental authorities under circumstances that are different than those that apply in Canada.

YOUR CONSENT

We collect, use and disclose your personal information with your consent, except as required or permitted by law. 

Your consent to the collection, use, and disclosure of personal information may be express (that is, where you were asked specifically for your consent, whether verbally or in writing) or implied (where your consent is necessary in order for us to provide the information, product or service requested), depending on the circumstances. Consent may also be provided in circumstances where notice has been given to you about how we would like to use your personal information and you have not withdrawn your consent, for example, by indicating that you would like to “opt out” of allowing us to use or disclose the personal information for the purpose we had specified. 

Consent may be withdrawn at any time, subject to contractual and legal restrictions and provision of reasonable notice. Please be aware that if you withdraw your consent to certain uses of your personal information, it may no longer be possible for us to provide you with certain information, products or services. Also, under some circumstances, you will not be permitted to withdraw consent to certain necessary uses and disclosures of personal information that you have originally consented to. For example, we may be required or permitted by law to collect, use or disclose (and store) personal information without your consent, to comply with other laws, an order of the court or other legal administrative tribunal or body, or an authorized inquiry of a government agency or to collect a debt owed to us or enforce a right under a contract. 

YOUR RIGHTS

If you reside in Canada, and subject to various exceptions, you have certain rights in relation to the personal information we process about you, as detailed below:

• You are entitled to be informed about our use of your personal information. We fulfill this obligation by providing you with the information in this Privacy Policy
• You are entitled to request access to the personal information which we hold about you. If you want to request access to your data, please contact us via email at legal@tersera.com
• Correct, Update and Deletion of Personal Data: You can request correction, update, and deletion of your personal information. If you would like to make any of these requests, please contact us via email at legal@tersera.com

HOW WE PROTECT PERSONAL INFORMATION

TerSera has appropriate physical, technical, and administrative safeguards in place to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. You should keep in mind, however, that no internet transmission is ever 100% secure or error-free. In particular, email sent to or from our website may not be secure, and you should therefore take special care in deciding what information you send to us via email. 

PRIVACY NOTICE CHANGES

If TerSera changes its privacy practices, a new Privacy Notice will reflect those changes and the effective date of the revised Privacy Notice will be set forth above at the top of this Privacy Notice.