Privacy Policy

This Privacy Policy (the “Privacy Policy”) sets out how Essa Pharma Inc. (hereinafter referred to as “ESSA”, “we”, “our” or “us” in this Privacy Policy) collects, holds, uses, discloses and safeguards the personal information that you provide to us on websites controlled by ESSA (the “Website(s)”).

Please read this Privacy Policy before using ESSA Websites or submitting personal information to us.

This Privacy Policy is comprised of the following sections:

1. Our Commitment to Privacy
2. The Information We Collect
3. Consent
4. Retaining Personal Information
5. Accuracy of Personal Information
6. Securing Personal Information
7. Providing Access to your Personal Information
8. Changes to this Privacy Policy

1. Our Commitment to Privacy

The purpose of this Privacy Policy is to inform you of our commitment to the protection of your Personal Information and the rules we intend to follow when we collect, hold, use or disclose your Personal Information. Our privacy commitment includes seeking to ensure the accuracy, confidentiality, and security of your Personal Information and allowing you to request access to, and correction of, your Personal Information as required by applicable law. We strive to always handle your Personal Information in a manner that is consistent with applicable privacy laws.

We have designated a member of senior management as ESSA’s Privacy Officer (the “ESSA Privacy Officer”) as detailed in Section 5 of this Privacy Policy. You may contact the ESSA Privacy Officer for further information, to request access to or rectify your Personal Information held by ESSA or to make complaints. The ESSA Privacy Officer regularly reviews our practices and procedures to ensure compliance with this Privacy Policy.

2. The Information We Collect

How does this Privacy Policy define “Personal Information”?

“Personal Information” means information that identifies you or could reasonably be used to identify you and which is submitted to and/or collected by Websites and maintained by ESSA in an accessible form, in the course of our commercial activities. Examples of personal information include your name, your postal address and your telephone number.

Some business contact information, such as your business address or phone number, might not constitute Personal Information. In some cases, we may collect information online about you that is not Personal Information.

We may collect and maintain the following Personal Information in our files:

• Your name
• Your mailing address and telephone number
• Your email address
• Information collected using cookies, tracking pixels or other similar technologies
• Any other information affirmatively provided by you

We may collect, use and disclose Personal Information that is reasonably necessary to fulfill the following purposes:

• To assess job applications
• To respond to your inquiries
• To manage our business
• To ensure compliance with the applicable laws and regulations
• To ensure the security and processing of Personal Information
• For other purposes disclosed to you at the time you provide information or with your consent.

Information Automatically Collected

When you visit the Site, we automatically collect certain information using cookies and similar tools. This information includes your IP address, the date and time of your visit, the pages you visit, the features you use, and the referring URL’s you came from. We use this information to improve the Website and services. We also use cookies and similar technologies to help the Website function, remember your preferences and settings when you navigate through the Website, and for security purposes.

You may be able to control cookies using your browser settings. For example, you may be able to set your browser to block or delete cookies, or to notify you before a cookie is set. If you block cookies, you may not be able to use all of the features of the Website.

How we respond to Do Not Track Signals

ESSA recognizes and honors automated “do not track” instructions set at the browser level.

3. Consent

If you provide Personal Information to ESSA, you consent to the collection, use and disclosure of your Personal Information as outlined in this Privacy Policy. If you do not consent, please do not provide your Personal Information. Subject to legal and contractual requirements and reasonable notice, you may refuse to consent to our collection, use and disclosure of your Personal Information or you may withdraw your consent by contacting our ESSA Privacy Officer as detailed in Section 5 below. We will explain the consequences of the withdrawal of your consent. Your decision to withhold or withdraw your consent to certain uses of Personal Information may restrict our ability to provide certain services to you.

We may collect, use or disclose Personal Information without your knowledge or consent in limited circumstances, including:

• When the collection, use or disclosure of Personal Information is required by law, including to comply with a subpoena or court order
• When the Personal Information is available from a public source (e.g., a telephone directory)
• To protect ourselves from fraud
• To service providers who perform certain functions on our behalf, such as to hosting our Website, data storage and back-up services (including cloud-based service providers), analytics, marketing and communications. Some of our service providers may be located outside of Canada, including in the United States. Our service providers are given access to the information they need to perform their designated functions. For more information, please contact us as set out below. We use commercially reasonable efforts to ensure that our service providers put in place adequate safeguards to protect the confidentiality of your personal information.
• In connection with a prospective or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceeding) involving all or part of ESSA or as part of a corporate reorganization or other change in corporate control.

4. Retaining Personal Information

If we use Personal Information to make a decision that directly affects you, we will retain that Personal Information for at least one year so that you have a reasonable opportunity to request access to it. Otherwise, we will retain your Personal Information only as long as necessary to fulfill the identified purposes or another legal or business purpose.

5. Accuracy of Personal Information

We will use commercially reasonable efforts to ensure that your Personal Information is accurate and complete when we use it to make a decision about you or when we disclose it to another organization.

If you wish to request correction of your Personal Information in ESSA’s custody or control, please make your request in writing to the ESSA Privacy Officer at the following address, and provide sufficient detail to identify the Personal Information and the correction or information being sought.

Privacy Officer c/o ESSA Pharma Inc.
999 West Broadway, Suite 720
Vancouver, British Columbia, V5Z 1K5
Canada

We may need to verify your identity before correcting your Personal Information in ESSA’s custody or control and reserve the right to not change such Personal Information until your identity is reasonably verified.

If your Personal Information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we may have disclosed the Personal Information. We will note your correction request, regardless of whether a change was made.

6. Securing Personal Information

Personal information is maintained on our servers or those of our third party service providers and accessible by authorized employees, representatives and agents as necessary for the purposes described in this Privacy Policy.

We seek to protect your Personal Information from unauthorized access, collection, use and/or disclosure. Although we have physical, organizational, and technological security measures in place to protect your Personal Information, we cannot guarantee our security.

We regularly review and update our security policies and controls. Only authorized ESSA employees and our other agents have the right to access and use the Personal Information for the identified purposes.

ESSA also requires its service providers to provide reasonable security measures with respect to any Personal Information being processed by them on behalf of ESSA.

7. Children

This Website is not intended for use by children. We do not solicit or knowingly accept any personal information from minors. Please do not use this Website if you are under the age of majority.

8. Providing Access to Your Personal Information

You have a right to access your Personal Information, subject to limited exceptions. A request to access Personal Information must be made in writing to the ESSA Privacy Officer and provide sufficient detail to identify the Personal Information being sought.

In some circumstances, we may not be able to provide access to your Personal Information. For example, if it contains the Personal Information of other persons, if it constitutes confidential commercial information or if it is protected by solicitor-client or attorney-client privilege, as applicable. If we deny your request for access to, or refuse a request to correct, your Personal Information, we will advise you of the reasons for this refusal and the recourse available to you.

Upon request, we will also tell you how we have used your Personal Information and to whom it has been disclosed, to the extent permitted by applicable law.

A minimal fee may be charged for providing access to your Personal Information. Where a fee may apply, we will inform you of the cost in writing prior to proceeding with the request.

9. Changes to this Privacy Policy

ESSA reserves the right to amend this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes and good business practices. If ESSA changes its privacy practices, a new Privacy Policy will reflect those changes. This Privacy Policy was last updated on the date first written above and is effective as of that date.