Legal Statement

Purdue Pharma Canada Website Privacy Statement and Website Terms & Conditions of Use

Last Revised: June 2015

Purdue Pharma Canada Website Privacy Statement

1.0 Introduction
In the course of conducting its business, Purdue Pharma Canada (“Purdue”) may collect, use and disclose personal information about members of the public, suppliers, service providers (“Service Providers”), physicians and other healthcare providers, patients and participants in clinical trials. To ensure that such personal information is appropriately and respectfully managed in compliance with the applicable privacy law in the various provinces of Canada in which it operates (“Canadian Law”), Purdue will adhere to the practices and procedures set out in this Privacy Statement as it may be updated and/or supplemented from time to time by notices, other policies, guidelines and rules relating to its management and protection of personal information (referred to collectively in what follows as the “Policy”).

By “personal information”, Purdue is referring to information in any format about an identifiable individual that it collects by any means, including electronically (“Personal Information”), including the individual’s name, home address and telephone number, email address, age, identification numbers, religion, racial and ethnic origin, credit and other financial information, and personal health information. Although Purdue also treats business information appropriately and respectfully, information about an individual in his or her professional capacity, including business contact information and information produced in the course of an individual’s business and used or disclosed for business purposes, is not covered by the Policy.

By providing your Personal Information to Purdue, or permitting someone else to do so, you are consenting to its collection, use and disclosure by Purdue in accordance with the Policy. If you do not agree to the terms of the Policy, please do not provide Purdue with your Personal Information or use its websites.

Purdue may update the Policy from time to time to reflect a change in its practices or Canadian Law. The date of the most recent revision will be posted at the top of the Policy and we ask that you review the Policy to see if it has been revised since the last time you communicated with us. Your continued use of one of our websites or disclosure to us of your Personal Information after the Policy has been revised will signify your acceptance of the revised terms of the Policy.

2.0 Scope of Policy
The Policy applies to the collection, use (which includes copying and processing), and disclosure of Personal Information by Purdue by any means, including electronically through www.purdue.ca and other Purdue websites (referred to collectively as the “Website”).

As a matter of convenience for users, the Website may contain links to websites that are not owned or operated by Purdue. The Policy does not apply to any website not owned and/or operated by Purdue or to the use and disclosure of Personal Information by the owners and operators of such websites. Purdue recommends that you review the policies and terms of use of such websites as they may differ from the Policy. Purdue will not accept responsibility for the collection, use or disclosure of Personal Information by the owners or operators of a linked website.

3.0 Accountability
Purdue’s Privacy Officer is responsible for Purdue’s compliance with the Policy, although other individuals within Purdue may be delegated related responsibilities.

Subject to Personal Information held by Service Providers, as described in section 6.0 below, Purdue generally stores Personal Information in Ontario, Canada, regardless of where it collects the information. Requests for access to an individual’s own Personal Information should be directed to Purdue’s Privacy Officer at the address provided in section 10.0 below.

Purdue will investigate complaints concerning its management of specific Personal Information or its Personal Information management practices. Complaints must be made in writing and addressed to the Privacy Officer, whose contact information is provided in section 10.0 below.

4.0 Consent
Under Canadian Law, Purdue is entitled to collect, use and disclose Personal Information without consent in a number of circumstances, including where an individual’s health, safety or security is threatened and in connection with an investigation into and/or the breach of a law or contract. Where Purdue requires consent to collect, use or disclose personal information, it may obtain that consent in any number of ways. If you have any questions about the meaning of the Policy or what we will do with your Personal Information, please consult our Privacy Officer.

As the use of Personal Information by employees and Service Providers is considered a use of the information rather than a disclosure of the information by Purdue, please note that Purdue does not require consent, beyond any that it required for its own collection, use and disclosure of the information, to share Personal Information with its employees and Service Providers.

5.0 Collection of Personal Information
Sources of Personal Information: Although, in general, Purdue collects Personal Information directly from the individual to whom it relates, Purdue occasionally requests Personal Information from other sources, for example, from an individual’s physician, health team or clinic (each a “third party”). Purdue will keep a record of the source of any Personal Information that it receives from a third party.

By providing Personal Information about another individual, you are representing that you have obtained that individual’s consent or are otherwise authorized to disclose the information to Purdue and Purdue will rely on that representation and will be not be responsible for any unauthorized disclosure you make to Purdue of Personal Information.

Electronic Collection: The Website uses “cookies”, data files that are sent and stored on the hard drive of a user’s computer, to collect information about traffic on the Website. The purposes for collecting such information, which includes the user’s internet protocol (“IP”) address, include to ensure that the content of the Website displays correctly on the user’s computer, to monitor and log traffic on different pages of the Website to assess interest in Website content, and to guide the design and content of the Website and related business decisions. An IP address is a series of numbers assigned to a computer by the user’s internet service provider. An IP address may contain information that identifies a user. Purdue may link information that it collects electronically to Personal Information provided by an individual for the purpose of using certain tools or programs made available on the Website. Although you may be able to set your browser to reject cookies, some pages of the Website may not function properly if you do so.

Restricted Pages or Sites: Access to part or all of the Website may be restricted to healthcare providers or patients who have registered with Purdue, to meet legal requirements and/or because the content, tools or programs on the Website will be of particular interest to defined groups of healthcare providers or patients. Registration permits Purdue to authenticate users, control access and communicate with users and may also relate to a functional requirement of a particular tool or program.

6.0 Use of Personal Information
Purdue uses Personal Information to administer its business and the Website, including to: respond to inquiries and requests; monitor interest in information on the Website; assist in tailoring the content of the Website to the interests and needs of users; maintain, evaluate and improve the Website; provide information about its products; provide educational materials; compile statistics of interest and of assistance to healthcare providers and patients; make available tools and programs to assist healthcare providers to monitor and treat their patients and patients to be involved in their own care; authenticate and communicate with users of the Website; and, with consent, for marketing and research purposes.

Purdue may aggregate Personal Information to create statistical information that does not identify any particular individual and use the aggregated information to evaluate the use of the Website and make changes to it where appropriate, provide information of interest and assistance to heath care providers and patients, and for business purposes, including measuring the interest in particular products and/or topics.

Disclaimer Regarding Health Information: General information about health issues provided by Purdue, on the Website or otherwise, is provided for informational and/or educational purposes only and is not a substitute for medical advice, medical training, medical assessment or treatment for medical conditions. For individuals, the information is not intended to replace or override information and/or advice provided by an individual’s physician or other healthcare providers, and individuals are encouraged to consult a qualified medical or other healthcare provider before making any decision or taking any action that might affect their health.

Service Providers: Purdue uses Service Providers for various services, including processing and the storage of Personal Information and technical support for its electronic information systems. By contract, Purdue requires Service Providers to use appropriate security standards to protect Personal Information. Some of Purdue’s Service Providers operate outside of Canada, and more particularly, in the United Kingdom and Switzerland. Personal Information used by these Service Providers may be subject to the laws of their place of operation and available to its government and government agencies, among others, under those laws.

7.0 Disclosure
There are a number of circumstances in which Purdue is permitted or required by Canadian Law to disclose Personal Information without consent, for example, in response to a warrant, subpoena or order issued by a court, governmental or administrative authority with the power to compel the disclosure of the information and, as previously mentioned, where there is a threat to health, safety or security or in connection with an investigation into and/or the breach of a law or contract (including an investigation into suspected fraudulent, abusive or otherwise illegal activities). For example, Purdue may disclose information about an individual in connection with his or her use of the Website to law enforcement authorities for the purposes of an investigation. Purdue may also disclose Personal Information to protect or manage its rights and property, including in connection with any reorganization of its business or the evaluation of such a transaction, and in connection with obtaining insurance or making an insurance claim.

8.0 Security
Purdue uses a variety of means to safeguard Personal Information against loss, theft, unauthorized access, inappropriate disclosure, copying, use, modification or destruction, including technological means and enforcing compliance with the Policy.

Limited Access: Purdue has security policies and procedures that apply to access to and the use of its facilities and electronic information systems and equipment, including computers and mobile computing devices. Employees and Service Providers are permitted access to Personal Information to the extent that they require access for a purpose described in the Policy. It is prohibited for any employee or Service Provider to use Personal Information for his, her, its or a third party’s own purposes. Purdue takes seriously its responsibility to protect Personal Information and compliance with the Policy is a condition of employment or engagement with Purdue.

The Internet: As the Internet is not a secure means of transmitting information, users should not provide sensitive Personal Information, including sensitive personal health information, through the Website. Where you use passwords, ID numbers or other special access features on the Website, it is your responsibility to safeguard them.

9.0 Access and Correction
With limited exceptions, permitted or required by Canadian Law, Purdue will provide an individual with access to his or her Personal Information. Purdue will endeavor to process access requests in a timely manner.

Purdue will correct Personal Information that it determines is not accurate or complete and any unresolved differences will be noted and maintained with the relevant Personal Information.

10.0 Contact Information
Purdue’s Privacy Officer may be contacted at privacy.inquiries@purdue.ca or 575 Granite Court, Pickering, Ontario, L1W 3W8.

Last Revised: June 2015

Website Terms & Conditions of Use

By accessing and using any of the websites owned and/or operated by Purdue Pharma Canada (“Purdue”), including www.purdue.ca, and the content on those websites (referred to collectively as the “Website”), you are deemed to have agreed to these terms and conditions of use (the “Terms of Use”) and any other notices, guidelines and rules (some of which may only apply to a specific Purdue website) posted by Purdue on the Website (or an individual website) from time to time, each of which is incorporated by reference into and forms a part of these Terms of Use, and all applicable laws and regulations governing the Website.

Purdue has the right, in its sole discretion and without notice, to modify these Terms of Use, in whole or in part, at any time. The date on which these Terms of Use were last changed will appear at the top for your reference. Your continued use of the Website after a change will constitute acceptance of that change.

If you do not agree with these Terms of Use, you are not granted permission to use the Website and should exit immediately.

1. Your Use of the Website
Access to the Website is permitted on a temporary basis, and Purdue reserves the right, in its sole discretion and without notice, to withdraw or modify the Website, in whole or in part, at any time. Purdue shall not be liable if, for any reason, the Website or any part of the Website is unavailable at any time or for any period.

You must not misuse the Website, including, without limitation, for purposes that include: infringing the rights of, or restricting or inhibiting anyone else’s use or enjoyment of the Website; disseminating any unlawful or objectionable material; obtaining unauthorized access to or interfering with Purdue’s computer systems; or, to otherwise breach applicable laws or regulations.

Accessing the Website from locations where its content is illegal is prohibited. Individuals who choose to access the Website from locations outside of Canada do so on their own initiative and are responsible for compliance with local laws.

2. Intellectual Property
Except as indicated, Purdue is the owner of all intellectual property rights in the Website, including, without limitation, underlying HTML, images, text, documents, code, trademarks, logos, designs, photographs, product names and the Website’s general look and feel. Purdue reserves all rights that are not specifically granted under these Terms of Use.

You may copy any portion of the Website (except for any third party-owned content that has been identified as such) for your personal, non-commercial use only, provided that you retain all copyright and other proprietary notices and any disclaimer relating to the content on the copy that you make. Other than as expressly provided above: (i) you may not copy the Website, or any portion thereof, in any medium whatsoever (electronic or otherwise) or create any derivative work based on the Website, without the prior written consent of Purdue; and (ii) nothing contained in these Terms of Use shall be construed as conferring any licence or right under any copyright, patent or trademark of Purdue or any third party.

3. Disclaimer
The Website is provided “as is” and “as available”. Your use of the Website is at your own risk, and you acknowledge that you are solely responsible for actions and communications undertaken or transmitted by you while using or otherwise in connection with the Website. The Website is not guaranteed to be error-free or uninterrupted. Purdue assumes no responsibility and provides no warranties, representations, guarantees, covenants or conditions, express or implied (either in fact or by operation of law) or statutory, including, without limitation, with respect to the quality, accuracy, reliability, currency, completeness, merchantability, fitness for a particular purpose, non-infringement, or continued availability of the Website.

4. Health Information
Any product or health information on the Website is provided for informational and educational purposes only, is not a substitute for professional advice or medical training, assessment or treatment, and its publication does not constitute the practice of any health profession. Such information is to be used in consultation with and/or under the supervision of qualified healthcare providers. You agree that you will bear all risks associated with the use of the Website, including any reliance placed on the availability, accuracy, currency, completeness, usefulness or appropriateness of product or health information on the Website. If you have a health or medical condition, please consult an appropriate healthcare provider.

5. Third Party Resources
The Website may provide links to other websites and resources over which Purdue has no control. You acknowledge and agree that Purdue is not responsible for the availability of such external sites or resources, does not endorse these, and is not responsible or liable for any content, advertising, information, products or other materials on or available from such sites or resources. You further acknowledge and agree that Purdue will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any external site or resource. If you decide to visit or use any external site or resource, you do so at your own risk and it is your responsibility to take all protective measures to guard against harm, including, but not limited to, computer viruses and other destructive elements.

6. Personal Information / Use of Information
You agree to the use and disclosure of any Personal Information that you may provide to Purdue through the Website, as described in the Purdue Pharma Canada Privacy Statement (the “Policy”) posted above, as amended from time to time. You also agree that any information that is not Personal Information (as defined in the Policy) that you choose to provide to Purdue through the Website, as well as any questions, comments or suggestions that you do not indicate are confidential, will be understood to be non-confidential information that Purdue will be free to reproduce, use, disclose and distribute in its sole discretion and without limitation, and that Purdue will have no obligation to you of any kind with respect to such information. Without limiting the generality of the foregoing, Purdue will be free to use any ideas, concepts, know-how or techniques included in information that you provide through the Website for any purpose whatsoever and you warrant that any such information does not infringe the intellectual property rights of any third party.

7. Limitation of Liability
Purdue will not be liable to you, in contract, tort (including negligence or gross negligence) or otherwise, for any loss or damage whatsoever, including, without limitation, damages for harm to business, loss of information, programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill, or for direct, indirect, special, incidental, consequential, punitive or exemplary damages, however caused or arising (even if Purdue has been notified of the possibility of such damage or loss or if such damage or loss was foreseeable).

8. Indemnification
You agree to indemnify and hold Purdue harmless from any and all losses, damages, liability and costs (including reasonable legal fees) resulting directly or indirectly from any claim or demand against Purdue arising out of or related to your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another person or organization in connection with the Website.

9. Investigation
Purdue will investigate any suspected fraudulent, abusive or illegal activity in connection with the Website, and may, in accordance with the Policy, contact, involve and co-operate with law enforcement authorities in taking action against users of the Website who are involved in such activities.

10. Entire Agreement
These Terms of Use (as may be amended from time to time) constitute the entire agreement between you and Purdue regarding the Website and use of the Website, and supersede all other communications, representations or agreements, either oral or written, between you and Purdue with respect to these matters.

11. Waiver and Severability of Terms
The failure of Purdue to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision or portion of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, you nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision and that the other provisions of these Terms of Use shall remain in full force and effect. Purdue’s failure to insist upon or enforce strict performance of any provision of the Terms of Use or any right shall not be interpreted or taken as a waiver of any such provision or right.

12. Governing Law
The Website is controlled, operated and administered by Purdue from within the Province of Ontario, Canada. These Terms of Use will be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario (other than any conflict of laws rules that would result in the choice of laws of another jurisdiction) and you agree to submit to the exclusive jurisdiction of the courts of Ontario in connection with any matter arising out of or relating to the Website or your use of the Website.