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Ibrance Tracker

DATA PRIVACY NOTICE FOR My IBRANCE Tracker

Last Updated: October 13, 2020

INTRODUCTION

This App is made available to you by the Pfizer company identified below. The App is for IBRANCE patients, designed to help them:

  • Log their medication and receive reminders to take their dose on time
  • Schedule and receive reminders for appointments, injections, and monitoring tests
  • Track side effects they experience and generates a side effect summary report
  • Receive tips to help manage their side effects

PERSONAL DATA

“Personal Data” is data that identifies you as an individual or relates to an identifiable individual. The Personal Data processed through this App consists of:

  • Your preferred language
  • Medications
  • Record of any side effect experiences and their severities

The App will indicate, such as through an asterisk, which Personal Data is required for the App to function. If you do not provide such data, we will not be able to provide you with the App’s features.

HOW PERSONAL DATA IS USED AND DISCLOSED

We do not receive any Personal Data that you enter into the app. The data is stored within the App on your mobile device and will remain under your own control and responsibility.

You may choose to share reports or other messages generated by the App with others. If you do, the report will be sent to the person(s) you designate using other functionality on your device.

DATA COLLECTED AUTOMATICALLY

We may use tracking technologies to recognize you as you use or return to the App so that we can understand how the App is used, optimize user engagement with the App, and customize and enhance your experience. These technologies collect certain data automatically, such as:

  • Data about your device , such as your screen resolution, operating system, device manufacturer and model, and language. We use this data to ensure that the App functions properly.
  • Data about your use of the App , including content viewed, features used, and the dates and times of your interactions with the App. We use this data to understand how users engage with the App and to customize and improve the App experience.

We may use third-party services that use cookies and/or similar technologies to collect and analyze data about App use and to report on activities and trends. Such services may also collect data regarding the use of other websites, apps, and online services.

For more information, please go to www.google.com/policies/privacy/partners/ .

We may collect your IP address, which is automatically assigned to your device by your Internet Service Provider. An IP address may be identified and logged when you access the App, along with the time of the visit. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the App. We may also derive your approximate location (on a city or region level) from your IP address so that we may better personalize your experience using the App.

LOCATION DATA

We may collect the physical location of your device by using, for example, satellite, cell phone tower, GPS, or WiFi signals. We use your device’s physical location to provide you with location-based services and content. You may be able to allow or deny such collection and/or use through your device settings or the App’s privacy controls.

DATA SECURITY

Your Personal Data is stored on your device. It is not transmitted to us. If you lose your device, you will also lose the Personal Data stored on it, and the data may be vulnerable to exposure, especially if you have not enabled secure access for your device (such as through a password or fingerprint authentication). In addition, if you choose to share reports or other messages generated by the App with others electronically, you are advised to first check the security features of your email or other applicable communications features on your device, as they do not operate within the App.

For your convenience, the App may give you the opportunity to back up the Personal Data stored on the App with a third-party storage provider. Pfizer has no responsibility for any data that you choose to share with that provider.

YOUR PRIVACY CONTROLS AND RIGHTS

You may stop all collection of Personal Data by the App by uninstalling the App. You may stop the receipt of push notifications through your device settings.

If you would like to request to review, correct, update, suppress, restrict, or delete Personal Data that we have collected from you, you may contact us as set forth under “Contact Us” below. We will respond to your request consistent with applicable law.

You may have a right to lodge a complaint with a data protection authority competent for your habitual residence, place of work, or place of alleged infringement.

RETENTION PERIOD

We will retain the data we collect from your use of the App for as long as needed or permitted in light of the purpose(s) for which it was obtained and as outlined in this Privacy Notice. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the App to you; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (such as in regard to the enforcement of the App Terms of Use, applicable statutes of limitations, litigation, or regulatory investigations).

CROSS-BORDER TRANSFER

The data we collect through the App may be stored and processed in any country where we have facilities or in which we engage service providers, including in the United States and where our affiliates operate.

THIRD-PARTY SERVICES

This Privacy Notice does not address, and we are not responsible for, the data collection, use, disclosure or security practices, or other practices of any third party, including any third party operating a service to which the App links. The inclusion of a link within the App does not imply our endorsement of the linked service.

USE BY MINORS

The App is not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Data from such individuals. If you are under the relevant age of consent in your jurisdiction, you will need your parent’s or legal guardian’s permission to use the App. Please consult with your parent or legal guardian before installing the App.

UPDATES

From time to time, we will update this Privacy Notice. Any changes will become effective when we post the revised Privacy Notice in the App. This Privacy Notice was last updated as of the “Last Updated” date shown above.

CONTACT US

The company responsible for collection, use, and disclosure of your Personal Data under this Privacy Notice is

Pfizer Canada ULC, P.O. Box 800, Pointe-Claire – Dorval, Quebec H9R 4V2

If you have questions about this Privacy Notice, or if you would like to request to exercise any individual rights, please contact us at corporateaffairscanada@pfizer.com , or write to the following address:

Pfizer Canada ULC, P.O. Box 800, Pointe-Claire – Dorval, Quebec H9R 4V2

You may also contact our data protection officer responsible for your country or region, if applicable. To find their contact information, visit DPO.Pfizer.com.

END-USER LICENSE AGREEMENT

END-USER LICENSE AGREEMENT FOR MY IBRANCE TRACKER APP - READ CAREFULLY.

BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, SMART PHONE, TABLET, OR OTHER DEVICE (collectively, "DEVICE") OR OTHERWISE USING THIS APP, YOU ARE BECOMING A PARTY TO THIS AGREEMENT.

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Pfizer Canada ULC ("Pfizer") for the [My IBRANCE Tracker] App, which includes all content, features, functionality, programs, applications or services provided in or through the App (collectively, the "App"). The App made available to you is licensed, not sold, to you. This App and any information pertaining to Pfizer products are designed and intended for use by residents of Canada. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU SHOULD NOT DOWNLOAD, INSTALL, AND/OR USE THE APP.

1. Privacy Notice. Pfizer respects your privacy. Please click here to view our Privacy Notice , which is incorporated herein by reference.

2. Not a Substitute for Professional Medical Advice and Treatment. This App may contain general information relating to healthcare, some of which may concern medical conditions and their treatment. The App is not to be used as a substitute for medical judgment, advice, diagnosis, or treatment of any health condition or problem. Users of the App should not rely on any information provided by the App for treatment, diagnosis, or advice related to their own or others’ health problems. Questions should be addressed to a licensed physician prior to making any decisions or undertaking any action or inaction regarding any healthcare issue you might have at any time, now, or in the future. Use of the App does not create an express or implied physician–patient relationship. You agree that neither Pfizer nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or not taken due to your use of information presented through the App. NO STATEMENTS MADE IN THIS APP HAVE BEEN EVALUATED BY HEALTH CANADA OR ANY SIMILAR REGULATORY BODY WITHIN OR OUTSIDE CANADA. THE APP IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION OR DISEASE.

3. Scope of License. This license granted to you for the App by Pfizer is limited to a non-transferable license to use the App on a single Device that you own or control. This license does not allow you to use the App on any Device that you do not own or control. You may not rent, lease, lend, sell, redistribute, or sublicense the App. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms’ governing use of any open-sourced components included with the App). Any attempt to do so is a violation of the rights of Pfizer and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Pfizer that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

4. Ownership. The App is the property of Pfizer or its suppliers and licensors. Title and copyrights to the App, in whole and in part and all copies thereof, and all modifications and enhancements, derivatives, and other alterations of the App, regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Pfizer and its suppliers and licensors. The App is protected by Canadian Copyright Law and International Treaty provisions. Further, the structure, organization and code embodied in the App are the valuable and confidential trade secrets of Pfizer and its suppliers and licensors, and are protected by intellectual property laws and treaties. You agree to abide by the copyright law and all other applicable laws of Canada including, but not limited to, export-control laws. You acknowledge the exclusive rights of Pfizer or its suppliers and licensors in the App, and agree that you shall not challenge, or assist in any challenge to, the validity or exclusivity of the ownership thereof, or the validity of this license.

5. Adverse Event Reporting. Should any of your Uploads in the App mention a potential side effect related to a Pfizer health product, Pfizer may be required to contact you for further information and may be required to report it to the applicable regulatory authority. You may also report any adverse event, which may be related to a Pfizer product by contacting:

Canada Drug Safety Unit

Phone: Tel.: 1-866-723-7111 (toll-free)

Fax: 1-855-242-5652

Email: CAN.AEReporting@pfizer.com

Or, if you prefer, you may contact Health Canada directly. Visit https://www.canada.ca/en/health-canada/services/drugs-health-products/medeffect-canada/adverse-reaction-reporting.html , or call 1-866-234-2345.

6. Termination. The license is effective until terminated by you or Pfizer. Your rights under this license will terminate automatically without notice from Pfizer if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the App, and destroy all copies, full or partial, of the App.

7. No Support. Pfizer has no obligation to provide you with any updates, new versions, enhancements, error corrections, or any other modification of the App under this EULA, but if Pfizer does so, in its sole and absolute discretion, any such modification shall be considered "App" and subject to the terms of this EULA. If Pfizer does provide any such modifications, you acknowledge that those modifications may automatically download and install from time to time, and you agree to receive such modifications (and permit Pfizer to deliver these modifications) as part of your use of the App.

8. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PFIZER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PFIZER DOES NOT WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PFIZER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PFIZER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF PFIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Pfizer's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

10. Indemnity. Except where prohibited by applicable law, you agree to defend, indemnify and hold harmless Pfizer, its directors, employees, and agents from any and all loss, damage, liability, and legal fees (including, but not limited to, reasonable fees and disbursements of counsel incurred by Pfizer in any action or proceeding between you and Pfizer or between Pfizer and any third party related to this EULA) resulting from your use of the App.

11. Export. You may not use or otherwise export or re-export the App except as authorized by United States and Canadian law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported to any country regarding which Canada or the United States maintains an embargo, or any person or entity specifically designated on a list maintained by Canada or the United States. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

12. App Store / Google Play. Platform providers, such as Apple Inc. and Google Inc., that make the App available for download ("Platform Providers") are not parties to this EULA. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the App (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, except where required by law. Pfizer, not the Platform Providers, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property-infringement claim. Platform Providers are third-party beneficiaries of this EULA, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties. If you have downloaded the App via the iTunes Store, your use of the App must comply with Apple’s App Store Terms and Conditions, located at h ttp://www.apple.com/legal/internet-services/itunes/us/terms.html .

13. Links. The App may contain links to third-party websites or internet resources ("Linked Sites"). The Linked Sites are not under the control of Pfizer, and Pfizer is not responsible for the availability, contents, or performance of any Linked Site. Pfizer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pfizer of such Linked Site, its contents, or any products or services available through such Linked Site, or any association with its operators. You are responsible for complying with any privacy statements or terms of use of the Linked Sites. You should direct any concerns regarding these third-party sites to those sites' administrators.

YOU AGREE THAT PFIZER WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY LINKED SITE.

14. Canada. This App is provided from Canada and all servers that make it available reside in Canada. The laws of other countries may differ regarding the access and use of the App. Persons who access this App do so on their own initiative and are responsible for compliance with applicable local laws and regulations. Pfizer makes no representations regarding the legality of the App in any other country, and it is your responsibility to ensure that your use complies with all applicable laws outside of Canada.

15. General. The failure of Pfizer to enforce any provision of this EULA shall not be construed as a waiver or limitation of Pfizer's right to subsequently enforce and compel strict compliance with every provision of this EULA. If any term or provision of this EULA is invalid or unenforceable to any extent, the remainder of this EULA shall be valid and enforced to the fullest extent permitted by law. Subject to applicable consumer protection laws, this EULA is governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to the principles of conflicts of laws. You and Pfizer further agree that, subject to applicable consumer protection laws, the sole jurisdiction and venue for any litigation arising from or relating to this EULA is an appropriate federal, superior, or provincial court located in Toronto, Ontario, Canada. This EULA sets forth the entire agreement of the parties with respect to the subject hereof, and supersedes and overrides all prior agreements on the same subject matter. This EULA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. This EULA and any of the rights or obligations hereunder are not assignable without Pfizer's prior written permission. No waiver, modification, or amendment to this EULA is binding upon Pfizer unless it is in writing signed by an authorized representative of Pfizer. Pfizer may change this EULA from time to time, at its sole discretion. Your continued use of the App following these changes will be deemed your acceptance of these changes. All rights and benefits granted hereunder to Pfizer shall extend to and may be exercised by Pfizer as well as any and all of Pfizer’s affiliates and subsidiaries. Sections 4, 6, 8, 9, 10, 15, and 16 shall survive termination of this EULA. The Parties hereto have expressly required that this agreement and all documents and notices relating thereto be drafted in the English language.

16. Waiver of Jury Trial. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND FREE FROM DURESS OR COERCION, WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS EULA AND THE TRANSACTIONS IT CONTEMPLATES. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COMPETENT COUNSEL.

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