CCPA Privacy Notice for California Residents

NeilMed Pharmaceuticals, Inc. Privacy Policy for California Residents

Effective Date: May 21, 2023

This Privacy Policy for California Residents supplements the information in NeilMed Pharmaceuticals, Inc.’s (“NeilMed’s” or “Company’s) General Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

 

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, address, telephone number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information.	Records of products or services purchased, obtained, or considered	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints or other physical patterns.	YES
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, or similar information.	YES
I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

 

We obtain the categories of personal information listed above from the following categories of sources:

 

• Direct Interactions. You may give us your information by filling in forms or by corresponding with us by mail, phone, fax, email or in-person. This includes, but may not be limited to, personal data you provide when you:

 

• • Purchase our products or request samples;
  • Create a user account on our website;
  • Subscribe to our publications;
  • Request marketing be sent to you;
  • Interact with our website such as through modules, visiting the webstore, or taking quizzes;
  • Interact with social media by visiting NeilMed pages, commenting on or liking posts;
  • Enter a competition, promotion or survey; or
  • Provide information in-person at industry events or other venues, or providing information by phone, fax or email.

 

• Automated technologies or interactions. As you interact with our website, we may automatically collect data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive technical about you if you visit other websites employing our cookies.  Please see our   for further details.

 

• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources, including those set out below:

 

• • Technical data from the following parties:
    (a) Analytics providers such as Google;
    (b) Advertising networks such as Google Adwords,Amazon ads, and others;
  • Data from providers of technical, payment and delivery services such as PayPal.
  • Data from data brokers or aggregators including trade show organizers and other professional associations.
  • Data from publicly availably sources such as internet search engines.

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Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, and develop our products and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your customer experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To manage our relationship with you by, for example, notifying you about changes to our terms or privacy policy
• To engage with you by asking you to leave a review or take a survey, or invite you to participate in a prize draw or competition

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below. We do not sell personal information.

 

Personal Information Category	Category of Third-Party Recipients
	Business Purpose Disclosures	Sales
A: Identifiers.	• Professional service providers (such as attorneys, accountants, etc.) • Data analytics providers. • Advertisers and advertising networks. • Internet cookie information recipients, like Google. • Affiliates, including distributors • Parent or subsidiary organizations. • Government entities.	None
B: California Customer Records personal information categories.	• Professional service providers (such as attorneys, accountants, etc.) • Internet cookie information recipients, like Google. • Affiliates, including distributors • Partners. • Parent or subsidiary organizations. • Government entities.	None
C: Protected classification characteristics under California or federal law.	• Professional service providers (such as attorneys, accountants, etc.) • Affiliates, including distributors • Partners. • Parent or subsidiary organizations. • Government entities.	None
D: Commercial information.	• Professional service providers (such as attorneys, accountants, etc.) • Data analytics providers. • Advertisers and advertising networks. • Social media companies. • Internet cookie information recipients, like Google. • Affiliates, including distributors. • Partners. • Parent or subsidiary organizations. • Government entities.	None
E: Biometric information.	• Professional service providers (such as attorneys, accountants, etc.) • Affiliates, including distributors • Partners. • Parent or subsidiary organizations.	None
F: Internet or other similar network activity.	• Professional service providers (such as attorneys, accountants, etc.) • Data analytics providers. • Advertisers and advertising networks. • Social media companies. • Internet cookie information recipients, like Google. • Affiliates, including distributors • Partners. • Parent or subsidiary organizations.	None
G: Geolocation data.	• Professional service providers (such as attorneys, accountants, etc.) • Data analytics providers. • Advertisers and advertising networks. • Social media companies. • Internet cookie information recipients, like Google. • Affiliates, including distributors • Partners. • Parent or subsidiary organizations.	None
H: Sensory data.	• Professional service providers (such as attorneys, accountants, etc.) • Internet cookie information recipients, like Google. • Affiliates, including distributors • Partners. • Parent or subsidiary organizations.	None
I: Professional or employment-related information.	• Professional service providers (such as attorneys, accountants, etc.) • Internet cookie information recipients, like Google. • Affiliates, including distributors • Partners. • Parent or subsidiary organizations. • Government entities.	None
J: Non-public education information.	None	None
K: Inferences drawn from other personal information.	None	None

 

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), 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.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• If we disclosed your personal information for a business purpose, a list disclosing identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
5. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
7. Comply with a legal obligation.
8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

We do not provide these deletion rights for B2B personal information.

 

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

• Visiting https://www.neilmed.com/usa/contact-us/
• E-mailing privacy@neilmed.com

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include providing a copy of valid identification.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact privacy@neilmed.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide may only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which NeilMed collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: +1 877 477 8633

Website: https://www.neilmed.com/usa/contact-us/

Email: Privacy@neilmed.com

Postal Address:

NeilMed Pharmaceuticals, Inc.

Attn: Natasha Bowman, General Counsel

601 Aviation Boulevard

Santa Rosa, CA 95403