If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with certain rights regarding your personal information, including the right to know about personal information collected, disclosed, or sold; the right to request that we delete personal information that we have collected from you; the right to opt-out of the sale of your personal information; and the right not to be discriminated against. As discussed below, all of these rights are subject to certain exceptions.  You may visit https://aqurbiosciences.com/about-us/privacy/privacy-policy for a broader discussion of our global privacy practices.

This Notice is provided on behalf of Aqur Biosciences, Inc. (also referred to as “Aqur”, “Company”, “we”, or “our”) and other companies controlled by, or under common control with Aqur Biosciences, Inc. (collectively referred to as “Aqur” in this Notice). It applies to information that Aqur collects through its website (https://aqurbiosciences.com/), its mobile apps (available in the Apple Store or the Google Play Store), or through other Aqur platforms and services.

As discussed below and in our privacy policy, much of the personal information that Aqur collects in the course of our business operations is not subject to the CCPA.  Where we collect personal information as a Covered Entity or Business Associate under the Health Insurance Portability and Accountability Act (“HIPAA”), this information is not subject to the CCPA.  Where we collect and maintain information in connection with clinical trials, this data is subject to clinical trial protocols and informed consents executed by individuals participating in these clinical trials and is not subject to CCPA.  In addition, Aqur collects information that has been de-identified according to the HIPAA rules or other frameworks that is not “personal information” under the CCPA.

If you are a Health Care Professional:

In Aqur’s study of health care, Aqur gathers information about health care professionals from a wide variety of sources, including health care organizations (e.g., physician practices, hospitals, clinics, pharmacies), Federal and state government organizations, payers, professional associations, web research, the organizations with which you are employed or affiliated, and directly from health care professionals.  This information is used for various purposes, including regulatory compliance (e.g., transparency reporting, adverse event reporting, compliance with FDA Risk Minimization Action Plans (RiskMAPs) and corporate integrity agreements, delivery of drug safety warnings), sharing of information with health care professionals relating to FDA approved medicines, distribution of drug samples to requesting health care professionals with prescribing authority, research purposes (e.g., measuring and understanding treatment variability) and other commercial purposes.  These uses are important to the efficient operation of the health care system, so please consider these uses carefully if you are considering exercising any of the rights described below.

If you are a Medical Doctor:

For several decades, Aqur has worked closely with the American Medical Association (AMA) regarding use of information relating to medical doctors (MDs).  Aqur abides by the various options available from the AMA to provide MDs with choices available to manage the use of information.  These options include:

• Contractual protections – restrictions required by the AMA regarding commercial use of physician identified information for all licensees of the AMA Physician Masterfile.  Aqur is a licensee of the AMA Physician Masterfile and has committed to these restrictions for many years.
• AMA Data Licensing Privacy Notice – Since 2002, the AMA Department of Database Licensing has used the AMA Data Licensing Privacy Notice (PDF) for the distribution of physician data. The AMA Data Licensing Privacy Notice addresses important information about AMA data collection, maintenance and licensing, AMA security procedures and the distribution of AMA physician data.
• AMA Do Not Contact – an option available to you to restrict unwanted correspondence.  Obtain the “Do Not Contact” form on the AMA website (available at: https://www.ama-assn.org/practice-management/masterfile/ensuring-physician-database-privacy) and mail or fax the form per the instructions on the form.
• AMA Do Not Release Information – an option available to you to opt-out of having information about you routinely licensed by the AMA. 

Obtain the “Do Not Release Information” form on the AMA website available at: (https://www.ama-assn.org/practice-management/masterfile/ensuring-physician-database-privacy) and mail or fax the form per the instructions on the form.

• AMA Physician Data Restriction Program – In 2006, the AMA enhanced its privacy notice to include information on the AMA’s Physician Data Restriction Program. The program empowers physicians by allowing them to restrict pharmaceutical sales representatives from accessing data about their prescribing activities.
• We also follow the AMA Best Practices Guidelines (PDF) for the Use of Prescribing Data by Industry. These guidelines reinforce the responsible use of data for the pharmaceutical industry. 

Obtain the Physician Data Restriction Form on the AMA website (available at: https://www.ama-assn.org/practice-management/masterfile/ensuring-physician-database-privacy) to either opt out of having prescribing data released or to register a complaint and report inappropriate behavior by pharmaceutical sales reps or companies.

• Exercising any of the rights described above will apply to all licensees of the AMA Physician Masterfile (most life science companies operating in the U.S. and most service providers supporting those companies, including Aqur).

Collection of Personal Information:

In certain situations where we collect personal information about you, such as when you visit or interact with our website or mobile apps or obtain services directly from Aqur outside of a clinical research trial, we may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). We may have collected the following categories of personal information over the past 12 months:

• Identifiers, such as your name, username, email address, or IP address.
• Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80, such as your name and address.
• Characteristics of protected classifications under California or federal law, such as your age.
• Commercial information, such as your purchase records (if any).
• Internet or other electronic network activity information, such as cookies, web logs, and information about how you use our website.
• Biometric information.
• Geolocation information
• Audio, electronic, visual, thermal, olfactory, or similar information.
• Professional or employment-related information, such as your company name and address and any information that you provide in your job application with us.
• Education information, such as your college records.
• Inferences drawn from any of the information identified above, such as advertising profiles.

We collect the personal information listed above from the following sources:

• From you directly, when you make an account with us, subscribe to our website, or purchase or use one of our products or services.
• From your operating system and platforms.
• From public sources.
• From social networks, such as Facebook and Twitter, when you share our content on those platforms.
• Automatically from you when you visit our website.
• Health care organizations (e.g., physician practices, hospitals, clinics, pharmacies, payers).
• Federal and state government organizations.
• Professional associations or other organizations with which you are employed or affiliated.
• Data brokers and/or data aggregators.
• From other third-party sources, such as recruiters and employment websites.

Disclosure or Sale of Personal Information

In the last 12 months, we may have disclosed the following categories of personal information for our business or commercial purposes in relation to personal information subject to the CCPA:

• Identifiers.
• Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80.
• Characteristics of protected classifications under California or federal law.
• Commercial information.
• Internet or other electronic network activity information.
• Biometric information.
• Geolocation information.
• Audio, electronic, visual, thermal, olfactory, and similar information.
• Professional or employment information.
• Education information.
• Inferences drawn from any of the information listed above.

We may have shared any of the information listed above with:

• Service providers.
• Our customers or business partners.
• Data analytics providers.
• Advertising companies.

We may use, disclose, or sell your personal information for the following business and commercial purposes, in addition to providing our services and disclosing personal information as described in our general Privacy Policy:

Vendors and Service Providers: We may share any information we receive with vendors and service providers.  Aqur has executed appropriate contracts with the service providers that prohibit them from using or sharing personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.

Business Partners: Aqur may share personal information with our business partners, affiliates, and for our affiliates’ internal business purposes or to provide you with a product or service that you have requested. We may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you.

Marketing, Interest-Based Advertising, and Third-Party Marketing: Through our Services, Aqur may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Aqur related websites within their networks. If you prefer that we do not share your personal information with third party advertising partners, you may opt-out of such sharing at no cost by following the instructions in our privacy policy or through the process below.

To process your employment application: If you apply for a job with us, through our website or otherwise, we use the information you provide to process your job application. We may also supplement the information you provide with information that we collect from other sources, such as employment websites, recruiters, and social networks. We may share this information with our service providers who help us process your job application.

To Protect Us or Others (e.g., as Required by Law and Similar Disclosures): We may access, preserve, and disclose your personal information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Aqur policies or contracts; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

Merger, Sale, or Other Asset Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

Your Rights:

If we maintain personal information about you that is subject to CCPA, you may exercise certain rights in connection with this data if you are a California resident. As discussed above, much of the personal information or other information held by Aqur is not subject to CCPA, including information obtained pursuant to the HIPAA Rules, in connection with clinical trials or when Aqur receives or processes de-identified information.

                Right to Know

California residents have the right to request that we disclose certain information about our collection and use of your personal information over the past twelve months (“Right to Know”).  Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• The categories of personal information that we have disclosed for a business or commercial purpose.
• Our business or commercial purposes for collecting or selling personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (i.e., a data portability request).

                Right to Delete

California residents have the right to request that we delete the personal information that we collected from you and retain, subject to certain exceptions (“Right to Delete”). Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

                Right to Opt-Out of Sale

The CCPA provides California residents with the right to opt-out of the sale of their personal information.

Some information that we share with third parties may constitute a “sale,” as that term is defined in the CCPA. We do not sell identifiable information about individuals involved in clinical research studies or for individuals whose personal information we have received under the HIPAA Rules. We sell in certain circumstances information that has been de-identified pursuant to HIPAA requirements or other applicable law, and this information is not personal information under the CCPA.

We do not knowingly “sell” personal information of minors under the age of 16.

                Right to Nondiscrimination

The CCPA provides California residents with the right not to receive discriminatory treatment for the exercise of their privacy rights conferred by the CCPA. We will not discriminate against you for exercising any of your CCPA rights.

Exercising Your Rights:

If you are a California resident and wish to request for us to provide you with your Right to Know or Right to Delete, you may submit a request to us through the following ways:

• By email at: [email protected]

• By postal mail at:
  Aqur Biosciences, Inc.
  Attn: Global Chief Privacy Officer
  2829 Townsgate Road, Suite 100
  Westlake Village, CA 91361

          United States of America

• By telephone at: 1-818-698-1006

Please include the following information with your request:

• Subject line: CCPA Request.
• A description of which CCPA right(s) you are exercising.
• Your full name.
• Your full address.
• Your telephone number used in connection with your interaction with Aqur (if applicable).
• Your email address used in connection with your interaction with Aqur (if applicable).
• Your email address where we can communicate with you regarding this CCPA request (if different from the email address described in the preceding bullet).
• The manner in which you participated in Aqur activities or interacted with Aqur (e.g., on-line web survey, 1-on-1 interview, written questionnaire).

Upon receiving a request from you, we will first verify your identity by matching the information you provide (including your name, email address, and phone number) with what we have on file for you. We may ask you for additional information to verify your identity or to comply with your request.

Authorized Agent

You may authorize an agent to make a request on your behalf. To designate an agent, please provide a written and signed document by both you and the agent that authorizes the agent to act on your behalf. You may also use a power of attorney. We will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected personal information.

Contact for More Information

If you wish to contact us regarding our California Privacy Addendum, you may do so through the following methods:

• By email at [email protected]

• By postal mail at:
  Aqur Biosciences, Inc.
  Attn: Global Chief Privacy Officer
  2829 Townsgate Road, Suite 100
  Westlake Village, CA 91361

  United States of America

• By telephone at: 1-818-698-1006