Privacy Policy

Last Updated: September 8, 2022

We are Elevar Therapeutics, Inc. – a fully integrated biopharmaceutical company built on the promise of elevating treatment experiences and outcomes for patients who have limited or inadequate therapeutic options. This Privacy Policy describes the data protection practices of Elevar and our affiliates (collectively, “Elevar,” “we,” “our,” or “us“), including when you visit an Elevar website that links to this Privacy Policy, including, but not limited to, www.elevartherapeutics.com (our “Sites“), register to participate in one of our clinical research studies (the “Studies“), or otherwise provide personal information to Elevar. We refer to the Sites, Studies, and other services provided by Elevar together in this Privacy Policy collectively as the “Services.” Please note that we may provide supplemental privacy policies, informed consent forms and other types of just-in-time notices that supplement this Privacy Policy and describe the processing of your personal information in relation to the Services.

This Privacy Policy does not apply to our processing of information about employees or job applicants. This Privacy Policy also does not apply to the processing of data by our clinical research organization (“CRO”) or site partners during the course of our Studies.

Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information. Elevar is not a healthcare provider and communications sent to our Site cannot replace the relationship you have with a physician or another healthcare practitioner.

The date the Privacy Policy was last updated is listed above. The Privacy Policy may change from time to time, so please check this Privacy Policy periodically for updates.

Region-Specific Disclosures

We may choose or be required by law to provide additional disclosures relating to the processing of personal information in certain countries, regions, or states. Please refer below to disclosures that may be applicable to you.

• European Economic Area, United Kingdom, or Switzerland. If you are based in the European Economic Area (“EEA”), Switzerland, or the United Kingdom (“UK”), please click here for our European Privacy Notice.

• Nevada. Under Nevada law, Nevada residents may opt-out of the “sale” of their personal information, where the information is exchanged for monetary consideration. We do not engage in such activity; however, if you are a Nevada resident, you may submit a request to opt-out of potential future sales under Nevada law by emailing us at privacy@elevartherapeutics.com.

Informed Consent

To participate in our Studies, you must first review and sign an informed consent and authorization form (“Informed Consent“) for the Study. By completing the form, you consent to the collection, use, and sharing of your information as described in this Privacy Policy and as outlined in the Informed Consent. To the extent anything in this Privacy Policy conflicts with the Informed Consent, the terms of the Informed Consent will control.

THE INFORMATION WE COLLECT

We collect information about you when you voluntarily provide it to us, when you access the Site, apply to or participate in our Studies, and otherwise use our Services, or if other sources provide it to us, as further described below. When we use the term “personal information,” we mean any information that can be used to identify you, directly or indirectly, as an individual person. Please note that we need certain types of information, so that we can provide the Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use part or all of our Services.

1. Information You Provide to Us

We collect a variety of information that you provide directly to us. The specific types of information we collect will depend upon the Services you use, how you use the Sites or Services, and the information you choose to provide.

The types of data we collect directly from you include, without limitation:

• Contact information, including first name, last name, date of birth, email address, postal address or telephone number;
• Demographic information, including your gender, age, ethnic origin, and race;
• Physical and mental health history and information, such as your height, weight, heart rate and BMI; current and previous physical and mental health diagnosis and testing; current and previous use of certain medications and therapies; certain family history; information about your pain; mobility, diet and exercise information, information; disability information; and health habits. This information may be collected through health questionnaires, logged through wearable devices or by other means;
• Professional information and credentials, such as educational and professional history, institutional and government affiliations, background checks, performance reviews, aptitude and personality assessments, and information of the type included on a resume or curriculum vitae education and work history (such as work experience, education, salary, and languages spoken);
  • If you are a health care professional, we collect information about the programs and activities in which you have participated, our interactions with you, your prescribing of our products and the agreements you have executed with us; and/or
  • If you are a third party with whom we have or are contemplating a contractual relationship, such as a health care professional, we collect publicly-available information related to your practice, such as license information, disciplinary history, prior litigation and regulatory proceedings, and other due diligence related information.
• Visitor information, such as visual information of individuals who visit our offices that is collected through closed circuit television (CCTV);
• Inquiry information, including Information about your customer service and maintenance interactions with us; and/or
• Other information, if any, as described in the Informed Consent or any additional information that you choose to directly provide to us.

2. Information We Collect Through Automated Means

Our Sites.When you use our Sites, we collect and analyze information such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the Services, software and hardware attributes (including device IDs) referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our sites, the date and time you used the Services, error logs, and other similar information.

Our Studies. When you participate in our Studies, we may collect certain data about you automatically including sensor information, technical data (e.g., information about your app usage, app version and installation ID, device identifier, and technical data about your device), and any other information described in the Informed Consent.

Location Information.When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location).

Our Use of Cookies and Similar Online Tools.To collect the information discussed in this Section, we and our service providers use web server logs, cookies, tags, beacons, SDKs, tracking pixels, and other similar tracking technologies (collectively, “cookies“). For example, we use Google Analytics to collect information about the use of our Site, what pages you access, when they are accessed, and what other websites were accessed prior to using the Site. To learn more about the use of data collection technologies by Google for analytics and to exercise choice regarding those technologies, please visit the Google Analytics Opt-Out browser add-on page available here. To manage cookies, an individual may change their browser settings to: (i) notify them when they receive a cookie, so the individual can choose whether or not to accept it; (ii) disable existing cookies; or (iii) automatically reject cookies. For information on how to do this, access the “help” menu on your internet browser, or access www.aboutcookies.org/how-to-control-cookies. Please note, however, that disabling our cookies may mean that you will not be able to take full advantage of our Site.

3. Information We Collect From Third Parties

Social Media and Other Content Platforms. When you “like” or “follow” us on LinkedIn or other social media sites, as applicable, we may collect some information about you including your name, email address, and any comments or content you post that is relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites. The data we receive is dependent upon an individual’s privacy settings with the network. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and networks before sharing information with us or the social media platform.

Referrals. We occasionally receive personal information from individual or professional referrals relating to participation in our Studies or for positions with Elevar as employees, contractors or experts. We may collect name, contact information, demographics and other health, medical or professional history relevant to the referral.

Information from Service Providers. Our service providers that perform services solely on our behalf, such as web hosting providers, analytics providers and user authentication service providers collect personal information and often share some or all of this information with us.

Information from Affiliates. We may receive personal information with other companies and brands owned or controlled by Elevar, and other companies owned by or under common ownership with Elevar. This includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies use your personal information in the same way that we can under this Privacy Policy.

Information from Other Sources. From time to time, we may obtain information from other sources, including from third-party information providers and business partners, or through transactions such as mergers and acquisitions. We may also collect information about you that is publicly available. We may combine this information with other information we collect from or about you. In these cases, this Privacy Policy governs the handling of the combined personal information.

Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device(s) (“Aggregate/De-Identified Information“). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes.

HOW WE USE YOUR INFORMATION

In connection with providing to you the Services, we may use your information for our business purposes to:

• Carry out, improve, and manage the Services.
• Engage in internal research to understand the effectiveness of our Services, improve our Services, and better understand our user base. If we publish or provide the results of this research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.
• Carry out the Studies, including:
  • Recruiting and enrolling you into a Study;
  • Conducting the Study;
  • Seeking authorization from regulatory agencies to apply for approval of the Study drug or other drug candidates and diagnostics;
  • Developing new tests, procedures, and commercial products; and
  • For any other uses described in the Informed Consent.
• Communicate with you about the Services, your use of the Services, or your inquiries related to the Services or Elevar and send you communications to meet your needs.
• Communicate with you about Elevar, inquiries related to the Elevar team, opportunities with the Elevar team and respond to your communications to meet your inquiries.
• Ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure.
• Measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you.
• Help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services.
• Comply in good faith with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others.
• Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others.

HOW WE SHARE AND DISCLOSE YOUR INFORMATION

We may share your information for our business purposes in the following ways:

• Affiliates and Subsidiaries. We may share information we collect within any Elevar member or group (i.e., our subsidiaries and affiliates, including our ultimate holding company and its subsidiaries) to deliver products and services to you, ensure a consistent level of service across our products and services, and enhance our products, services, and your customer experience.
• Service Providers. We provide access to or share your information with select third parties who use the information to perform services on our behalf, such as Tresorit, SharePoint, VEEVA, and Box. They provide a variety of services to us, including billing, consulting, analytics, research, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services. These entities may also include health care organizations, pharmacies, and other third parties we use to support our business or in connection with the administration and support of the Services. These third parties are contractually obligated to maintain the confidentiality of your personal information consistent with the terms of this Privacy Policy and to comply with the applicable data protection laws.
• Study Team. If you participate in a Study, we share your personal information with the study team that conducts the Study, as well as the organizations that support the study team.
• Institutional Review Boards. If you participate in a Study, we may share personal information with the ethics committee or institutional review board that approved the Study.
• Government and Regulatory Authorities. We may share personal information with government and regulatory authorities, as required by law, including the U.S. Department of Health and Human Services, the Food and Drug Administration, the European Medicines Agency, and other federal or state government agencies.
• Other Approved Study Researchers. If you participate in a Study and it is permitted by the Informed Consent, we may share personal information with certain third-party researchers who are approved may access limited information. The categories of approved study researchers, the type of information they may have access to, and the purposes that they may use the information for will be described in more detail in the Informed Consent.
• Protection of Elevar and Others. By using the Services, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Elevar, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
• Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.
• Consent. We may also disclose your information in other ways you direct us to and when we have your consent.
• Aggregate/De-Identified Information. We reserve the right to share Aggregate/De-Identified Data at our discretion.
• Other. We may also use your data in other ways consistent with this Privacy Policy, as described in the Informed Consent, and as otherwise permitted or required by applicable laws.

YOUR MARKETING CHOICES

You may instruct us not to use your contact information, to contact you by email, postal mail, or phone regarding our Services by contacting us at www.elevartherapeutics.com/contact-elevar/ or at the address listed below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as permitted or required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

THIRD-PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices, including data privacy and security process and standards of any unaffiliated third parties using the Services, the manufacturer of your mobile device and other IT hardware and software, and any other third-party mobile application, website, or service to which our Services may contain a link. These third parties may at times gather information from or about you. Once you leave Elevar’s Site, we have no control over the privacy practices of these third parties. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party website or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties prior to sharing any information.

HOW WE PROTECT YOUR INFORMATION

Elevar takes a variety of technical and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure.

REVISIONS TO OUR PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through the Services, so you should review it periodically. You are responsible for periodically monitoring and reviewing any updates to the Privacy Policy. If we make a material change to the Privacy Policy, we will provide you with appropriate notice in accordance with legal requirements. Your continued use of our Site or Apps after such amendments (and notice, where applicable) will be deemed your acknowledgment of these changes to this Privacy Policy.

CONTACTING US

Elevar is committed to resolving questions or concerns about your privacy and our collection or use of your information. If you have a specific question or concern about your privacy rights with respect to your information you can contact us by emailing us at privacy@elevartherapeutics.com.

Otherwise, if you have any questions about this Privacy Policy or Elevar’s privacy practices, please contact us at:

Elevar Therapeutics Inc.

One Bridge Plaza

Suite 850

Fort Lee

NJ 07024 U.S.A.