Last Revised: September 2023
THIS PRIVACY POLICY APPLIES TO YOUR ACCESS AND USE OF OUTPACE BIO INC. (“OUTPACE”, OR “WE”, “US” OR “OUR”) SITES (“SITES”). BY USING THE SITES, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DISAGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SITES.
This Privacy Policy explains the policies and practices that we have developed to safeguard personal information and to comply with applicable data protection laws. Please read this notice carefully to understand what information we collect, how we collect it, how we use it, who we may disclose it to, and how you can manage your personal information. We control and operate our Sites from within the United States of America. Our online privacy practices are governed by the laws of the United States and the State of Washington, which may differ from privacy laws in your state or home country. By submitting your personal information to us through the Sites, you consent to the transfer of your personal information to any country and its use and disclosure in accordance with applicable U.S. Federal and State laws and with this Privacy Policy.
We may change our Privacy Policy, so please check this page periodically, as your continued use of the Sites, after we publish our changes, indicates your acceptance of any changed terms.
We provide Sites to share information about the services and products we offer. Regardless of the device you use to interact with our Sites, Outpace may collect some information that identifies you or that can be used to contact or distinguish you as an individual (“Personal Information”). We may need to collect Personal Information about you to provide you with services or information you request, or to facilitate commercial engagements with you. If you do not provide Personal Information, we may not be able to provide services or information to you, or enter commercial engagements with you.
We will only collect Personal Information about you that is necessary for one or more of our legitimate business purposes, or is required by law.
When you visit our Sites, we collect the following types of Personal Information:
We collect Personal Information directly from you when you register with the Sites, subscribe to online services, or otherwise provide information directly to us. The following are examples of Personal Information that we may collect directly from you:
We use a variety of common, automated data collection technologies, such as internet tags or cookies (“Data Collection Technologies”), to assess how our Sites are used, to personalize your experience, and to deliver content tailored to your interests. In doing this, we collect information about you when you visit our Sites. When you request pages on our Sites, for example, our servers automatically log your internet protocol (IP) address. The IP address is a unique number assigned to your computer to identify it whenever you are surfing the Web. We use the IP address to understand the web pages you visit. The IP address does not identify you personally, but it allows us to maintain communications with you as you move about the Site. Generally, these types of data elements (“Other Information”) do not reveal your identity or do not relate directly to you or any other individual.
The following are some examples of Other Information:
We generally avoid collecting sensitive personal information, such as health data (“Sensitive Personal Information”), through our Sites. In some cases, however, we may need to collect such Sensitive Personal Information to facilitate providing services to you, such as certain patient support service offerings. Where required to comply with all applicable data protection and privacy laws, we will obtain your explicit consent to collect Sensitive Personal Information about you through our Sites.
In addition, we may collect information about you from publicly available sources, third parties, and directly from you through your interactions with us.
HOW WE USE YOUR PERSONAL INFORMATION
By providing your Personal Information, you agree that, where it is permitted by local law, we may use your Personal Information:
When we collect your Personal Information, we will take reasonable steps to advise you of what Personal Information we are collecting, the purposes for which we are collecting the Personal Information and will use such Personal Information only for stated primary or related secondary purposes.
Product reports. If you contact us regarding a product experience, we may use the Personal Information you provide to generate complaints or adverse event reports.
Marketing. We may use your Personal Information for marketing-related activities, including to communicate with you about our products, services, and company and to invite your participation in engagement opportunities (e.g., surveys). You can unsubscribe from marketing communications by clicking the “Unsubscribe” link included in each message.
Your privacy is very important to us. We may disclose your Personal Information to certain third parties listed below, including third parties who provide us with various business services. We will not sell your Personal Information. We will not otherwise disclose your Personal Information without your consent, except where such disclosure is reasonably necessary for normal business operations and such disclosure is in accordance with all applicable data protection and privacy laws.
We may disclose Personal Information to our affiliated companies or Collaboration Partners for the purposes described in this privacy notice, including for marketing purposes, and to be consistent with our goal of providing our consumers with the superior product and consumer experience that our customers have come to expect from us.
We may disclose your Personal Information to third-party service providers who provide services to us, such as: Site hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services. We may also disclose your Personal Information to third parties to perform services you request or functions you initiate on the Site. If we allow a third party to have access to your Personal Information, they will only be permitted access for purposes that are consistent with this privacy notice and will be required to protect your Personal Information in accordance with all applicable data protection laws.
In certain circumstances, we may be called upon to release your Personal Information in response to a court order, subpoena, search warrant, law or regulation. We plan to cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the Personal Information that they may receive. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behavior that is illegal or harmful to individuals or the Personal Information we are responsible for.
If you contact us regarding your experience in using one of our products, we may use the Personal Information you provide as necessary to submit complaint or adverse event reports to local and international health or pharmaceutical regulators, and as otherwise required by law. We also may use the Personal Information to contact the prescribing physician to follow up regarding an unexpected event involving use of our product.
We may disclose your Personal Information to a third party relating to a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including regarding any bankruptcy or similar proceedings.
In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliates; (6) to protect the rights, privacy, safety or property of Outpace, our affiliates, you and others; and (7) to enforce our terms and conditions.
We use Other Information or additional information that we collect for any purpose not prohibited by law. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use all Other Information, provided that such information does not personally identify you. If we combine Other Information or additional information with Personal Information in a way that can identify or be used to identify you, we will treat that information as Personal Information.
INTERNATIONAL TRANSFERS
Please note that permitted transfers of Personal Information to third parties or other companies within the Outpace group include the transfer of data from one country to another and may include transfers to a country where the laws provide different protection from your country. In such cases, we will take appropriate measures to ensure adequate data protection in accordance with applicable data protection laws.
YOUR PRIVACY CHOICES & RIGHTS
You have the rights and choices regarding Outpace’s processing of your Personal Information:
Opt-in. When you access any interactive tool or service on the Site that collects Personal Information, you will be asked to affirmatively choose (“opt-in”) to provide the requested Personal Information. You may always choose not to provide the requested Personal Information.
Manage email. You may elect to receive email updates about developments regarding Outpace. If you decide, at any later time, that you no longer wish to receive these emails, you may unsubscribe to any such contact list by using the “Unsubscribe” links within the electronic communication channel, or by sending an email entitled “Unsubscribe” to info@OutpaceBio.com.
Manage cookies. Most web browsers allow control of cookies through the browser settings. You can set your browser to notify you when you receive a cookie, which will enable you to decide if you want to accept it or not. However, if you do not accept a cookie, certain elements of the Site may not function correctly or completely.
Access/review/update Personal Information. If you become aware that Personal Information we maintain about you is inaccurate, incomplete, misleading, irrelevant or out of date, or if you would like to access, update or review your information, you may contact us using the contact information below. We will attempt to provide the requested information or make requested changes to the extent allowable by applicable privacy or other laws. In any event, we will respond to you as soon as reasonably possible, to advise you of the outcome of your request.
Transparency about sharing. We will advise you of the organizations (or types of organizations) to which we may normally disclose Personal Information, and we will provide you with contact information in the event you would like access to your Personal Information we hold about you or need to update your Personal Information or preferences.
Remove Personal Information. You may request the removal of previously provided Personal Information at any time using the contact information below. Please be aware that we may not comply with your request to amend or remove information that was provided to Outpace by a healthcare professional or a consumer regarding an adverse drug event.
Please note that some of the above rights are limited by applicable information protection law and we have the right to collect, process and hold your Personal Information to perform our legal obligations (for example: data regarding an adverse drug event). We may require you to provide additional information necessary to confirm your identity before we comply with any request made by you.
DATA COLLECTION TECHNOLOGIES
Data Collection Technologies. In addition to collecting your IP address as described above, we may also use certain Data Collection Technologies on our Sites such as:
Cookies. Cookies are small text files placed in your computer browser or other web-accessing device directories to store your information about your use of the Sites and your activities online (collectively, “Cookies”). A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
We use first-party, session, and persistent cookies. These cookies allow us to distinguish you from other users of our Sites, and to enhance this Site and your experience when you browse this Site.
If you do not wish to receive Cookies or wish to manage when you accept Cookies in general, you may set your browser to reject Cookies or to alert you when a Cookie is placed on your computer. Although you are not required to accept our Cookies, if you set your browser to reject Cookies, you may not be able to use all the features and functionality of the Site.
Internet tags. Occasionally, we may use Internet tags (also known as Web beacons, action tags, single-pixel GIFs, clear GIFs, invisible GIFs and 1-by-1 GIFs) on our Sites.
Cookies and Internet tags are placed on different pages throughout our Sites. We also use them to measure responses to our Sites. We may deploy Cookies and Internet tags through our analytical service partners.
Social Plugins. The Site may also use social plugins (e.g., the Facebook “Like” button) to enable you to easily share information with others. When you visit our Site, the operator of the social plugin may be able to place a Cookie on your computer, enabling that operator to recognize individuals who have previously visited our Site. For further details about the information shared via a social media plugin, you should refer to that social media Site’s privacy statement.
(See Exhibit A for more detailed information on Data Collection Technologies)
OUR SECURITY MEASURES
We have implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the Sites. Unfortunately, no system or online transmission of data can be guaranteed to be 100% secure and you should always take appropriate security measures to protect your Personal Information, including ensuring that you have up-to-date antivirus software.
STORAGE & RETENTION
We provide products and services around the world. Accordingly, we store and process Personal Information on Outpace’s servers, and the servers of third parties we hire to provide our services, worldwide. These servers may be located outside the country from which you interacted with Outpace.
We retain your Personal Information for no longer than is necessary for the purposes for which it has been collected.
LINKS TO OTHER SITES
Our Sites may feature links to third-party Sites that we believe you might find useful and informative. We do not endorse or recommend these Sites’ content or services, and we are not responsible for the privacy practices of the operators of these other Sites. We encourage you to be aware of and read the privacy notice of each Site you visit. When you link these third-party Sites, please remember that you are bound by the privacy policy of the third-party.
OUR CHILDREN’S NOTICE
We recognize the importance of protecting the privacy of children. Our Sites are neither intended for children nor are they designed to attract child users. Our Sites, their content and our services are intended for users over the age of eighteen (18). We do not knowingly collect any personally identifiable information from children under age eighteen (18). When a user discloses Personal Information on the Sites, the user is representing to us that he or she is at least eighteen (18) years of age. If we learn a user under the age of eighteen (18) has volunteered personally identifiable information on our Sites, we will delete such information from our active databases.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. If you are a California resident, please see Exhibit B to this Policy.
CONTACT US
If you have any concerns about the way your Personal Information has been collected or handled by Outpace, or any queries regarding this privacy statement, you can contact Outpace at info@OutpaceBio.com.
You can also write to the following address: legal@outpacebio.com.
EXHIBIT A
FOCUS ON DATA COLLECTION TECHNOLOGIES
We may use certain Data Collection Technologies on our Sites, including Cookies. Cookies are small text files placed in your computer browser or other web-accessing device directories to store your information about your use of the Sites and your activities online (collectively, “Cookies”). A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
We use first-party, session, and persistent cookies, as described below:
These cookies allow us to distinguish you from other users of our Sites, and to enhance this Site and your experience when you browse this Site. We use cookies on this Site to:
Cookie type
Privacy impact/behaviors of cookies
Adobe Analytics
1. Tracking code that does not collect personally identifiable information. Counts arrivals to the home page. Expires at the end of the browsing session.
2. Tracking code that does not collect personally identifiable information. Gradually collects visits to the Site through this Adobe Analytics identification. Does not expire.
3. Tracking code that does not collect personally identifiable information. Counts the pages visited during the browsing session. Expires at the end of the browsing session.
4. Tracking code that does not collect personally identifiable information. Counts the number of sessions from this Adobe Analytics identification. Does not expire.
5. Tracking code that does not collect personally identifiable information. Collects inbound references. Expires at the end of the browsing session.
6. Tracking code that does not collect personally identifiable information. Sends the visitor’s history and actions to the report generator. Does not expire.
7. Tracking code that does not collect personally identifiable information. Sends the visitor’s history and actions to the report generator. Expires at the end of the browsing session.
Adobe Experience Manager (AEM) platform
1. Standard session cookie, no personally identifiable information. Does not expire.
2. Standard session cookie, no personally identifiable information. Expires at the end of the browsing session.
3. Identification of the generic system.
Google Analytics
Tracking code does not collect personally identifiable information, but establishes anonymous identification to differentiate new visitors from returning ones, along with other information. Does not expire.
Pingdom Site monitoring service
Service which provides anonymous monitoring of a Site to guarantee that the Site is active and functioning, without collecting any personally identifiable information.
Most Web browsers allow control of cookies through the browser settings. You can set your browser to notify you when you receive a cookie, which will enable you to decide if you want to accept it or not. However, if you do not accept a cookie, certain elements of the Site may not function correctly or completely.
To find out more about cookies, including how to see what cookies have been set and how to the delete them, visit www.allaboutcookies.org.
Internet tags. Occasionally, we may use Internet tags (also known as web beacons, action tags, single-pixel GIFs, clear GIFs, invisible GIFs and 1-by-1 GIFs) on certain web pages or in emails we send to you. We use this technology to measure the registered user’s responses to our Sites, including how many times a page is opened and which information is consulted, as well as to measure the use of this page. We may use tags to help determine which email messages sent by us were opened and whether a message was acted upon.
Social plugins. We may use social plugins (e.g., the Facebook “Like” button) to enable you to easily share information with others. When you visit our Site, the operator of the social plugin may be able to place a cookie on your computer, enabling that operator to recognize individuals who have previously visited our Site. If you have previously logged into the associated social media Site (e.g., Facebook) before browsing on our Site, the social plugin allows that social media Site to receive information about your visit to certain pages on our Site. The social plugin may collect this information for any visitors who have logged into social networks, whether they specifically interact with the plugin on our Sites (e.g., by clicking “Like” or “Share”) or not. The social plugin may also allow the social media Site to share information about your activities on our Sites with other users of their social media Site. For further details about the information shared via a social media plugin, you should refer to that social media site’s privacy statement.
Google Analytics
This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses Cookies. The information generated by the Cookie about your use of this Site is generally transferred to a Google server in the United States and stored there. Because we have activated “internet protocol anonymization” on this Site, Google shortens your IP address at a point within the European Economic Area before transfer to the United States. This means that the full IP address will only be transferred to Google in the United States only in exceptional circumstances for shortening there.
Google will use the received information to evaluate your use of this Site for Outpace, to compile reports on Site activity, and to provide other services related to Site usage and internet usage. The IP address provided by your browser as part of Google Analytics will not be merged with any other Google data.
EXHIBIT B
CALIFORNIA PRIVACY POLICY
Under the California Consumer Privacy Act of 2018 (CCPA), its further amendments and related legal acts (such as the California Privacy Rights Act of 2020), California residents may have specific rights regarding their Personal Information held by private companies. The information in this section applies solely to visitors, users, and others who reside in the State of California (“consumers,” “you”).
Your rights under Californian data privacy law
Disclosure
You have the right to ask us to disclose to you any Personal Information we have collected about you in the last 12 months. In order to exercise this right, Outpace must first verify your identity to ensure it is a legitimate request, and then disclose to you:
The categories of Personal Information we have collected about you;
The types of sources used to collect Personal Information about you;
The types of third parties with which we have shared any of your Personal Information (if applicable); and
The purpose(s) of collecting your Personal Information.
Deletion
You have the right to request that we delete the Personal Information we have collected from and about you. In order to exercise this right, Outpace must first verify your identity to ensure it is a legitimate request, we will then delete the relevant information unless an exemption applies.
Authorized Agents
You have the right to designate an authorized agent to act on your behalf to exercise your rights under the CCPA. In order to do so, Outpace must verify your identity, and your authorized agent must have written permission from you. We reserve the right to deny a request from an agent that does not submit proof that they are authorized to act on your behalf.
Non-discrimination
You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.
Consumers with Disabilities
Outpace strives to accommodate all customers regardless of disabilities. If you need to receive the information contained in this document in a different format, please contact us using the contact information listed below.
Submitting a Request
To make a request please follow the link here to our online form or contact us at the phone number below in the “Contact Information” section of this Privacy Notice statement. As outlined above, Outpace will need to verify your identity before we provide access or delete your Personal Information and Outpace may be unable (e.g., due to legal requirements), or not obligated (e.g., due to applicable exemptions) to fulfill your request (e.g., due to applicable exemptions) to satisfy your request.
Information Outpace Collects
Personal Data, or Personal Information, means any information about an identifiable individual. Outpace may collect Personal Information directly from you (in person, through online forms, and other interactions with Outpace employees, Sites, and systems), or from other third parties.
Please note: Outpace does not “sell” your Personal Information. For purposes of this Disclosure, “sell” or “sold” means the disclosure of Personal Information for monetary or other valuable consideration.
How Outpace Uses Personal Information
The purposes for which Outpace Uses Personal Information depends on the relationship or interaction with a specific California resident, and we only Process your information for purposes permitted by Applicable Data Protection Laws. Outpace may Use Personal Information to operate, manage, and maintain our business, to provide products and services, and to accomplish business purposes and objectives.
For more information about the purposes for which we Use your Personal Information please refer to the Use section of this Policy.
© Outpace Bio 2024
Outpace Bio, Inc. 700 Dexter Ave N, STE 300, Seattle, WA 98109
