Privacy Policy and Your Privacy Rights

Last updated: January 1, 2020

Portola Pharmaceuticals, Inc. and its subsidiaries (“Portola”, “we”, “us” and “our”) are committed to respecting and protecting your privacy. This Privacy Policy (“Policy”) applies to our collection and use of personal information collected through our websites (“the Sites”) and through offline business-related interactions with you (except as provided below). The purpose of this Privacy Policy is to inform you — either as (i) our customer, vendor or supplier, or (ii) as a user of the Sites, as well as individuals related to you whose personal information we may collect or process in course of our relationship with you (e.g., if our customer or vendor is a legal entity, we may collect information of legal representatives, employees, contact persons, etc.)(“you” or “your”)—about the collection and use of your personal information (as described below), as well as your rights in accordance with applicable data privacy laws.  By providing your personal information to us via the Sites, you agree to the terms of this Privacy Policy. This Policy does not cover information we may collect through our clinical trials, which are governed by separate terms and agreements.

TYPES OF INFORMATION WE MAY COLLECT ABOUT YOU

Personal information is information that identifies you as an individual or relates to an identifiable individual. We may collect and process the following personal information about you:

  • Contact information, such as name, e-mail address, and phone number;
  • Professional information, such as education background, credentials, specialty, and work history;
  • Information in connection with job applications;
  • The content of any communications that you send to us;
  • Information described to you at the point of collection or pursuant to your consent; and
  • Information that we may collect from you offline in connection with business-related interactions with you, such as if you provide information to us at an industry event, business meeting, or contact us by telephone.

To the extent permitted by applicable data protection laws, we may also receive personal information about you from other sources, which could include commercially available sources, such as public databases and data aggregators. If applicable data protection law requires it, we will obtain your consent before using your personal information for our business purposes.

In addition, we automatically collect basic technical information from all visitors to the Sites. We collect technical information during your visit to the Site through our automatic data collection tools, which may include cookies and other similar technologies. Please see “Cookies and other similar technologies” below for additional detail about the information we collect through cookies and other commonly used technologies.

COOKIES AND OTHER SIMILAR TECHNOLOGIES

Cookies are small bits of code that are stored by your computer’s Web browser and that may automatically identify your browser to the Sites whenever your computer is used to visit the Sites.   Depending on your jurisdiction, some applicable privacy laws may treat certain kinds of cookies, pixels, etc. as personal information.

We may use cookies and similar technologies to automatically collect certain information when you visit the Sites, including:

  • Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area;
  • Other unique identifiers, including mobile device identification numbers;
  • Your browser type and operating system;
  • Sites you visited before and after visiting the Sites;
  • Pages you view and links you click on within the Sites;
  • Information collected through cookies, web beacons, and other technologies;
  • Information about your interactions with e-mail messages, such as the links clicked on and whether the messages were received, opened, or forwarded; and
  • Standard Server Log Information.

Our Sites use cookies to give you the best online experience. By using the Sites without changing your cookie settings, you agree to our use of cookies. If you elect to block cookies, please note that you may not be able to take full advantage of the features and functions of the Sites. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org.

USE OF YOUR PERSONAL INFORMATION

Subject to applicable data protection laws, we may use your personal information in the following ways:

  • operate and improve our Sites, products, information, and services;
  • understand you and your preferences to enhance your experience and enjoyment using our Sites, products, and services;
  • process employment applications;
  • respond to your comments and questions and provide customer service;
  • provide and deliver products, information, and services you request;
  • send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  • communicate with you about upcoming events and news about products, information and services offered by Portola and our selected partners;
  • protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; and
  • as otherwise described to you at the point of collection or pursuant to your consent.

DISCLOSURE OF YOUR PERSONAL INFORMATION

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.

  • Service Providers: We may share your information with service providers that perform certain functions or services on our behalf (such as to host the Sites, fulfill orders, provide products and services, manage databases; perform analyses, provide customer service, or send communications for us).
  • Business Transfer: If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, we may transfer your information as part of such transaction.
  • Administrative or Legal Process: We may disclose your information to third parties in order to protect the legal rights, safety, and security of our organization, our corporate affiliates, subsidiaries, business partners, and the users of our Sites; enforce our Terms of Use; respond to and resolve claims or complaints; prevent fraud or for risk management purposes; and comply with or respond to law enforcement or legal process or a request for cooperation by a government or other entity, whether or not legally required.
  • Other Parties: We may share information with third parties for business purposes subject to applicable data protection laws.
  • Aggregate Information: We may share aggregate information, such as demographic and usage statistics, with other organizations.

In addition, we may allow third parties to place and read their own cookies, web beacons, and similar technologies to collect information through the Sites. For example, like many website operators, we may use Google Analytics to learn more about how visitors interact with our Sites. You understand that when you use the Sites, these analytics providers may collect information related to your use of the Sites.

COMPANY COMMUNICATIONS

We may periodically send you e-mails to provide information about our products, relevant scientific or clinical developments, company events, and other related information. If applicable law requires it, we will obtain your consent before sending such emails. If you wish to stop receiving all communications or only certain types of communications from us, you can contact us at [email protected]

LINKS TO OTHER WEBSITES

The Sites may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by us.  Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. This Privacy Policy does not apply to this third-party content. We encourage you to review the privacy policies of these third-party websites or services.

SECURITY OF YOUR PERSONAL INFORMATION

We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. However, no method of security or method of transmission over the Internet can be guaranteed to be 100% secure. You should always use caution when transmitting personal information over the Internet.

CHILDREN’S ONLINE PRIVACY

The Sites are directed to a general audience. The Sites do not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, except as permitted by the Children’s Online Privacy Protection Act (“COPPA”).  If we learn that we have collected personal information from a user under 13, we will promptly delete personal information collected from that user.

INTERNATIONAL DATA TRANSFERS

Your personal information may be transferred to countries located outside your country or region, including to countries that may not provide a similar or adequate level of protection to that provided by your country or region. For example, if you are located in the European Economic Area (“EEA”), we may transfer your personal information to the United States or other countries located outside the EEA.

For the transfer of personal information from the EEA to any countries not recognized by the European Commission as providing an adequate level of data protection according to EEA standards we will ensure that appropriate transfer mechanisms are in place as required by law. This may include data transfer agreements or standard contractual clauses adopted by the European Commission.

YOUR EUROPEAN PRIVACY RIGHTS

For European residents only.

Under European data protection law, you may have certain data subject rights, which may be subject to limitations and/or restriction. These rights may include:

  • The right to access to your personal data;
  • The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete;
  • The right to request that personal information held about you is deleted;
  • The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you;
  • The right to object to processing based on legitimate interests and direct marketing; and
  • The right to data portability, which allows you to move, copy, or transfer personal information from one organization to another, where technically feasible.

Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. This will not affect the lawfulness of the processing that we carried out prior to the withdrawal.

For purposes of European data protection laws, Portola is the data controller, the company responsible for controlling the processing of personal information covered by this Policy.

To exercise these data subject rights or withdraw consent, you should submit a written request to [email protected] You also have the right to lodge a complaint about the processing of your personal information to your local data protection authority.

YOUR CALIFORNIA PRIVACY RIGHTS

For California residents only.

California Consumer Privacy Act.

Under the California Consumer Privacy Act (“CCPA”), California residents have certain rights regarding their personally identifiable information. If you are a California resident and would like to exercise these rights on or after January, 2020, please contact us using the email address or toll free phone number listed within this section below. As provided by the CCPA, we may require you to provide information to allow us to verify your identity before providing the requested information.  

This Privacy Policy provides you disclosure regarding the categories of personal information we collect from you, the sources of that personal information, and the purposes for collecting such personal information, and how we disclose information to third parties. Please see “TYPES OF INFORMATION WE MAY COLLECT ABOUT YOU,” “USE OF YOUR PERSONAL INFORMATION,” and “DISCLOSURE OF YOUR PERSONAL INFORMATION” for details on each of these. Portola does not and will not sell your personal information as provided under the CCPA.

Your rights under the CCPA

If you are a California resident, you have a right to know personal information we have collected about you. You may ask to see the personal information that Portola holds about you by using the email address or toll free phone number listed within this section below. Once we receive and verify your request, we will disclose to you any of the following information you have requested:

  • The categories of personal information we have collected about you.
  • The categories of sources from which the personal information was collected.
  • Our business purpose behind collecting the personal information.
  • The categories of third parties with whom we have shared the information.
  • The specific pieces of personal information we have collected about you.

If you are a California resident, you have a right to request deletion of any of your personal information that we collected from you and retained, subject to certain exceptions: upon a verifiable request, made using the email address or toll free phone number listed within this section below, we will delete (and direct our service providers to delete) the personal information you have provided us, to the extent provided by the CCPA. Please note that one or more exceptions may cause us to deny your deletion request. We may deny your deletion request if retaining the information is necessary for us or our service providers to:

(a) Complete the transaction for which we collected your personal information to provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

(b) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

(c) Debug products to identify and repair errors that impair existing intended functionality.

(d) Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

(e) Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

(f) Comply with a legal obligation.

(g) Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising your right to know and/or your right to request deletion

To exercise the rights to know and request deletion described above (if applicable), please submit a verifiable consumer request to us by either:

Only you, a California resident, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child who is a California resident. We will not discriminate against you for exercising any of your CCPA rights.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Shine the Light Act.

Pursuant to California’s “Shine the Light Act,” California residents are permitted to request and obtain information about what personal information is disclosed to third parties for the third party’s direct marketing purposes. Portola does not share information that we collect with third parties for the third party’s direct marketing purposes.

CONTACT INFORMATION

Portola welcomes your comments or questions regarding this Policy. Please e-mail us at [email protected]

CHANGES TO THIS POLICY

This Policy is subject to occasional revision, and if we make any substantial changes in the way we use your personal information, we will notify you by prominently posting notice of the changes on our website