Avalyn Pharma Privacy Policy
Effective Date: February 7, 2023
Avalyn Pharma Inc. (“Avalyn,” “we,” “us,” and “our”) is a clinical-stage biopharmaceutical company developing inhaled medicines to treat rare respiratory diseases. At Avalyn, we are committed to protecting your personal information. Our Privacy Policy is designed to help you understand how we collect, use, and share your personal information and to assist you in exercising the privacy rights available to you.
SCOPE
This Privacy Policy applies to personal information processed by us, including on our websites, in connection with our company and our discovery and development work. To make this Privacy Policy easier to read, our products and services, including our website, are collectively called the “Services”.
PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect are:
- Information You Provide to Us.
- Your Communications with Us. We collect personal information from you such as your name and email address when you request information about our Services. For example, if you apply for a job online, we will collect your name, contact information, resume, employment and educational history and other personal information, which may be shared with our service providers.
- Conferences, Trade Shows, and Other Events. We may attend conferences, trade shows, and other events where we collect personal information from individuals who interact with or express an interest in our company and/or our Services. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected. We may also collect information about you regarding which conferences you may have attended or at which you may have presented.
- Social Media Content. We may offer blogs or social media pages such as LinkedIn. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
- Information We Collect Automatically.
- Automatic Data Collection. We collect data regarding your use of our Services, such as the types and duration of your activities. We may also collect certain information automatically when you visit our website, such as your Internet protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, mobile carrier, advertising and other unique identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services.
- Cookies, Pixel Tags/Web Beacons, Analytics Information. We may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, our website and the other Services may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
- Analytics. We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
- Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
HOW WE USE YOUR INFORMATION
We use your information for a variety of purposes, including to:
- Provide you with our Services, such as:
- Responding to your questions, comments, and other requests;
- Providing access to certain areas, functionalities, and features of our Services including our blog and job board, if any;
- Complying with regulatory requirements;
- Communicating with you about your interaction with our Services and any policy changes;
- Communicating with our industry partners and our network to support your use of the Services; and
- Answering your requests for customer or technical support.
- Analyze and improve our Services pursuant to our legitimate interest, such as:
- Measuring interest in our Services;
- Conducting research and development;
- Developing new products and Services;
- Ensuring internal quality control;
- Verifying your identity and preventing fraud;
- Detecting bugs or other software issues;
- Preventing potentially prohibited or illegal activities;
- Enforcing our terms; and
- To comply with our legal obligations, protect your vital interest, or as may be required for the public good.
- Provide you additional content and Services, such as:
- Providing you with customized materials about products and Services that may be of interest; and
- Other purposes you consent to, are notified of, or are disclosed when you provide personal information, including, for example, the consent you provide when you participate in an event or clinical trial.
- You may contact us at any time to opt out of the use of your personal information for marketing purposes, as described below.
- Use De-identified and Aggregated Information
- We may use personal information and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified Service usage information, information about the computer or device from which you access our Services, or other analyses we create.
- Automatic Collection Technologies
- We may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:
- Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions;
- Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services; and
- Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed. [; and]
- We may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:
NOTICE REGARDING THIRD PARTY WEBSITES & SOCIAL MEDIA PLATFORMS
The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. Visiting these other websites or applications is at your own risk.
Our Services may include publicly accessible blogs and social media pages. By using such Services, you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.
Social media widgets such as the LinkedIn button (that might include widgets such as the share this button or other interactive mini-programs) may be on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our site. Your interactions with these features apart from your visit of our site are governed by the privacy policy of the company providing it.
HOW WE DISCLOSE YOUR INFORMATION
We may share your personal information with the following categories of third parties or for the following purposes:
- Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; information and services; customer service providers; and vendors to support the provision of the Services.
- Industry Partners. We may provide personal information to our industry partners with whom we jointly offer support and services. In such cases, our partner’s name will appear along with ours.
- Advertising Partners and Social Media Partners. Through our Services, we may allow third party advertising partners such as Google, to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, ad identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information 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 third party websites within their networks. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.
- Affiliates. We may share personal information with our affiliated companies.
- Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
- Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of 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.
- International Data Transfers. You acknowledge that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.
YOUR CHOICES
- General. You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non- personal information regarding your activities on our Services and for other legal purposes as described above.
- Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our terms or this Privacy Policy).
We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law. - “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
- Cookies and Interest Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes. - Your Privacy Rights:
In accordance with applicable law, you may have the right to:- request confirmation of whether we are processing your personal information;
- obtain access to or a copy of your personal information;
- receive an electronic copy of your personal information or ask us to send that information to another company;
- restrict our uses of your personal information, including the right to opt in or opt out of the sale of your personal information to third parties, depending on applicable law;
- seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; and
- request erasure of personal information held about you, subject to certain exceptions prescribed by law.
- If you have any questions or would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
If you are a California resident, you have the right not to receive discriminatory treatment by Avalyn for the exercise of your rights conferred by the California Consumer Privacy Act. You may elect an authorized agent to submit a request to exercise your rights on your behalf. The authorized agent must provide verifiable evidence that they may act on your behalf.
CALIFORNIA RESIDENTS
The California Consumer Privacy Act of 2018 (CCPA) provides California residents with the right to know what categories of personal information Avalyn has collected about them and whether Avalyn disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
| Category of Personal Information | Collected by Avalyn? | Disclosed by Avalyn for a Business Purpose? |
|---|---|---|
| Identifiers | Yes | Yes |
| Personal information categories listed in Cal. Civ. Code § 1798.80(e) | Yes | Yes |
| Characteristics of protected classifications under California or federal law | Yes | Yes |
| Commercial information | No | No |
| Biometric information | No | No |
| Internet activity or electronic network activity information | Yes | Yes |
| Geolocation data | No | No |
| Audio, electronic, visual, thermal, olfactory, or similar information | No | No |
| Professional or employment-related information | Yes | Yes |
| Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) | Yes | Yes |
| Inferences drawn from other personal information to create a profile | No | No |
We do not “sell” personal information as such term is defined by the CCPA, nor do we have actual knowledge that we have “sold” any personal information of minors under 16 years of age.
DATA RETENTION
We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
SECURITY OF YOUR INFORMATION
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosures.
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
CHILDREN’S INFORMATION
The Services are not directed to children, and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
SUPERVISORY AUTHORITY
If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
CHANGES TO OUR PRIVACY POLICY
We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will post the new Privacy Policy and/or notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.
CONTACT US
If you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your privacy rights, please contact us at: info@avalynpharma.com