2.0 Transparency/Notice–Personal Information We Collect and How We Use It
The types of Personal Information we may collect (directly from you or from third-party sources) and our privacy practices depend on the nature of the relationship you have with Odonate and the requirements of applicable law. We endeavor to collect information only relevant for the purposes of processing. Below are the legal bases and some of the ways we collect information and how we use it.
Odonate collects Personal Information regarding its current, prospective and former study patients, employees, visitors and guests (collectively “Individuals”).
2.2 Information Odonate Collects
The data we collect from or about Individuals includes information that may be deemed Personal Information, such as title, name, address, age, birth date, phone number and email address. We may also collect other information that is not Personal Information, such as demographic information you choose to provide. In addition, if you participate in certain programs, we may collect information regarding your medications, medical history and other healthcare-related information, including, without limitation, Protected Health Information (collectively, “Health Information”), from Individuals or a third-party. For example, we may indirectly collect information about your health condition, diagnosis and treatment from your healthcare professional, but only where your healthcare professional has obtained your consent to disclose that information to us, as required by law. Any Health Information that is tied to an Individual’s Personal Information will be treated as Personal Information and we will take efforts to maintain its confidentiality.
Odonate collects Personal Information from current, prospective and former employees, their contact points in case of a medical emergency and beneficiaries under any insurance policy (“Human Resources Data”). The Human Resources Data we collect may include title, name, address, phone number, email address, date of birth, passport number, driver’s license number, Social Security number or other government-issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, contact information of third parties in case of an emergency and beneficiaries under any insurance policy. We may also collect Sensitive Human Resources Data such as details of health and disability, including mental health, medical leave and maternity leave.
2.3 How Odonate Collects Personal Information
Some of the ways that Odonate may collect your Personal Information include:
Through Sites, surveys, business or marketing events, and when delivering programs to you.
When you use Sites, Odonate may provide you with opportunities to sign up to receive specific information and may ask for your contact information, so that we can send you specific information about our product candidate and specific health conditions, with your consent.
When you enroll in an Odonate program, we may obtain your contact information, details of your health condition, diagnosis, treatment and prescribing information relating to our investigational product.
When obligated to collect certain Personal Information to comply with regulatory requirements, including information relating to adverse effects you have experienced when using our investigational product.
As you navigate Sites, certain passive information may also be collected, including internet protocol addresses, cookies, navigational data, the name of the domain and host from which you access the Internet, the browser software you use and your operating system, the date and time you access our Sites, and the Internet address of the website from which you linked directly to our Sites.
2.4 Information from Third-Party Sources
Odonate may collect information about you from third-party sources to supplement information provided by you. This supplemental information allows us to verify information that you have provided to Odonate and to enhance our ability to provide you with information about our business, investigational product and programs. Odonate’s agreements with these third-party sources typically limit how the Company may use this supplemental information.
2.5 Research/Survey Solicitations
From time to time, Odonate may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of our investigational product and programs. We may share anonymous individual and aggregate data for research and analysis purposes.
2.6 How Odonate Uses Your Personal Information
Depending on how you interact with Odonate, we and our third-party service providers may also use Personal Information in a variety of ways, including:
Providing Information and Services You Requested. Odonate may use the Personal Information about you to provide you information that you may request (e.g., information about an investigational product or future programs in anticipation of commercialization, or other programs we are offering). Odonate may also use your Personal Information to deliver a specific program to you, when you enroll to receive the program. Such use may include: (a) generally managing your information; (b) responding to questions, comments and requests; (c) providing access to certain areas and features of the Odonate Sites; and (d) permitting you to register for events or participate in webinars.
Marketing Products and Services. Odonate may use the Personal Information about you to provide you with materials about offers, investigational products and programs offered by us, including new content on Odonate Sites. Odonate may provide you with these materials by phone, postal mail, facsimile or email, as permitted by applicable law. If you do not wish us to use your Personal Information for marketing purposes, you may contact us at any time to opt out of the use of your Personal Information for such purposes, as further described below.
Research and Development. Odonate may use your Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally develop new products, processes and services.
Information Submitted Via Sites. You agree that Odonate is free to use the content of any communications submitted by you via the Sites, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or services. However, Odonate does not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Social Media. Odonate may collect Personal Information to enable people to use online social media resources (e.g. social networks, discussion boards and referral functions to share content and tools) offered either by Odonate or a third-party. We may also enable you to use these social media resources to post or share Personal Information with others. When using social media resources, you should take into careful consideration what Personal Information you share with others.
Sharing Content with Friends or Colleagues. Odonate’s Sites may offer various tools and functionality. For example, Odonate may provide functionality on its Sites that will allow you to forward or share certain content with a friend or colleague. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Odonate or any other Third Parties for any other purpose.
Pseudonymous Data. Including as discussed below in Section 2.12, Odonate may use and share your anonymized or aggregated information within the Odonate group of companies or with third parties for public health, research, analytics and any other legally permissible purposes.
Other Uses. Odonate may use your Personal Information for other purposes disclosed to you at the time you provide Personal Information or with your consent.
2.7 Direct Mail, Email and Outbound Telemarketing
Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may receive periodic emails, newsletters, mailings or phone calls from us with information on Odonate or our business partners’ products and programs or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the individual by following the instructions in Section 3 below.
2.8 All Internet Users – Cookies, Pixel Tags/Web Beacons, Analytics Information and Interest-Based Advertising
Like many other websites, Odonate or its business partners may employ a cookie, or small piece of computer code that enables Web servers to “identify” visitors, each time an Individual initiates a session on the Company’s Sites. A cookie is set in order to identify Data Subjects; tailor our Sites to you; measure and research the effectiveness of our Sites’ features, offerings and advertisements; and authenticate users for registered services. Cookies can only access Personal Information that you have provided on our Sites and cannot be accessed by other sites. Data Subjects also have the ability to delete cookie files from their own hard drive at any time by clicking on the Privacy or History tab typically found on the Settings or Options menu in your internet browser. However, please also be advised that cookies may be necessary to provide access to much of the content and many of the features of Sites.
2.8.2 Pixel Tags/Web Beacons
Odonate may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our Sites. A pixel tag can collect information such as the Internet Protocol (“IP”) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the browser type and language; the device type; geographic location; and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable email, we or our Third Party-service providers may use “format sensing” technology, which allows pixel tags to let us know whether you received and opened our email.
2.8.3 Analytics Information
We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Sites, and to develop website content. This analytics data is not tied to any Personal Information.
2.9 Anonymous and Aggregated Information
Odonate may use your Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Odonate Site or other online services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Sites. Anonymized or aggregated information is not Personal Information, and Odonate may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within Odonate and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
3.0 Choice/Modalities to Opt Out
Where you have consented to Odonate’s processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out by sending an email to email@example.com. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out.
Prior to disclosing Sensitive Data to a Third Party or Processing Sensitive Data for a purpose other than its original purpose or the purpose authorized subsequently by the Data Subject, Odonate will endeavor to obtain each Data Subject’s explicit consent (opt-in). Where consent of the Data Subject for the Processing of Personal Information is otherwise required by law or contract, Odonate will comply with the law or contract.
3.2 Email and Telephone Communications
We maintain telephone “do not call” lists and “do not mail” lists as mandated by law. We process requests to be placed on do not mail, do not phone and do not contact lists within 60 days after receipt, or such shorter time as may be required by law.
3.3 Human Resources Data
With regard to Personal Information that Odonate receives in connection with the employment relationship, Odonate will use such Personal Information only for employment-related purposes as more fully described in section 2.3 above. If Odonate intends to use this Personal Information for any other purpose, the Company will provide the Data Subject with an opportunity to opt-out of such uses.
3.4 “Do Not Track”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Odonate does not recognize or respond to browser-initiated DNT signals. For information about “do-not-track”, visit http://www.allaboutdnt.org.
4.0 Onward Transfer
4.1 Information We Share
4.1.1 Service Providers
Odonate may share Personal Information with our service providers that we have retained to perform services on our behalf including (i) provision of IT and related services and (ii) provision of information and services you have requested.
Odonate has executed appropriate contracts with the service providers that prohibit them from using or sharing your personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
4.1.2 Business Partners
Odonate may share Personal Information with our business partners, and affiliates for our affiliates’ internal business purposes or to provide you with a product or service that you have requested Odonate 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. In such cases, our business partner’s name will appear, along with Odonate’s. Odonate requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Odonate provided them.
4.1.3 Information Disclosed for Our Protection and the Protection of Others
We may disclose information about you: (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation; (iv) to enforce Odonate policies or contracts; (v) to collect amounts owed to Odonate; (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.
In addition, from time to time, server logs may be reviewed for security purposes (e.g., to detect unauthorized activity on the Sites). In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
4.1.4 Information Disclosed in Connection with Business Transactions
4.1.5 Business purposes
We may disclose Personal Information to effectuate the business goals for reasons for which you provided the Personal Information.
4.2 Data Transfers
All Personal Information sent or collected via or by Odonate may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers. We will endeavour such that any transfers of Personal Information of a Data Subject residing in the European Union outside of the European Economic Area will only be made where appropriate safeguards have been put in place. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Odonate, you consent to the storage of your Personal Information in these locations.
5.0 Modifying your Information
We encourage you to update the information you provide to us, such as providing us with a new mailing or email address, a name change, or a change in the medical conditions that you have notified us about. This will help us continue to provide information to you that best meets your needs.
The security of all Personal Information provided to Odonate is important to us, and Odonate takes reasonable steps designed to protect your Personal Information. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while Odonate strives to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to Odonate, and you do so at your own risk. You agree and acknowledge that Odonate shall not be liable or responsible if any information about you is intercepted, accessed, and/or used by an unintended recipient. If you have reason to believe that the security your communications or personally identifying information has been compromised, please immediately notify us immediately at: firstname.lastname@example.org.
8.0 Redress/Compliance and Accountability
Odonate Therapeutics, Inc.
4747 Executive Drive, Suite 510
San Diego, CA 92121
Odonate will address your concerns and attempt to resolve any privacy issues in a timely manner.
9.0 Other Rights and Important Information
9.1 Information Regarding Children
Due to the nature of Odonate’s business, programs and benefits are not marketed to minors. Odonate does not knowingly solicit or collect Personal Information from children under the age of 13 (and in certain jurisdictions under the age of 16). If we learn that we have collected Personal Information from a child under the age of 13 (and in certain jurisdictions under the age of 16), we will promptly delete that information. If you are a parent or guardian and you believe we have inadvertently collected personally identifying information from your child who is under 18, you may contact us by sending an e-mail to email@example.com to request that we delete his or her information from our records.
9.2 California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Odonate does not share Personal Information with third parties for their own marketing purposes.
9.3 Links to Third-Party Sites