Contents:

PRIVACY POLICY

Effective May 1, 2020

Kindeva Drug Delivery L.P. (“Kindeva”, ”we”, or “us”) has created this Privacy Policy (“Privacy Policy”) in order to demonstrate our commitment to protecting the personal information of (a) users of the Kindeva website or applications (collectively, the “Website”); (b) our existing and prospective clients, and their personnel, users and representatives; and (c) any other individuals from whom we collect personal information during the course of our business activities.

This Privacy Policy describes the personal information Kindeva collects, how we use your personal information, with whom we may share such data, and how you can contact us, access your personal information and exercise your rights regarding our use of your personal information. As used in this Privacy Policy, “personal information” means data that identifies, relates to, describes, or that could be linked to a particular identified or identifiable natural person or is otherwise considered personal information under applicable privacy and/or data protection laws or regulations. By using or accessing the Kindeva Website or otherwise providing personal information to Kindeva, you signify your acknowledgment and assent to this Privacy Policy.

1. Changes to Privacy Policy

This Privacy Policy may be updated from time to time to reflect changes to our information practices. If we make any material changes we will notify you using the contact information you have provided to us or by means of posting an updated version of this Privacy Policy on the Website. We encourage you to periodically review our posted Privacy Policy for the latest information on our privacy practices. Any modifications to this Privacy Policy will be effective upon our posting or notification of the new terms, and your continued use of the Website or our other products and services thereafter indicates acceptance of the modified Privacy Policy. If you do not agree to any part of a modified Privacy Policy, then you must stop accessing the Website and otherwise providing personal information. Specific areas or pages of the Website may include additional or different provisions relating to collection and disclosure of personal information. In the event of a conflict between such provisions and this Privacy Policy, such specific terms shall control.

2. Collection of Personal Information

We may collect personal information from you directly such as from forms on the Website; from contracts, applications, or other agreements or forms you fill out; from individuals and/or entities whom you have authorized to act on your behalf and/or to provide information about you; from surveys; from publicly available sources (where permissible by applicable law); when you submit an inquiry to us; in connection with your transactions with us, our affiliates or Service Providers or others; or from other communications with us. The categories of personal information we collect may include:

  • Personal identifiers (e.g., name, unique personal identifier, online identifier, device identifier)
  •  Contact information (e.g., mailing address, email address, phone number)
  • Personal characteristics (e.g., age)
  • Demographic information (e.g., your preferences)
  • Financial data (e.g., payment card information, bank account information, billing address)
  • Transaction data (e.g., products and services used or preferred)

3. Usage Information

We and our Service Providers may collect general data pertaining to your use of the Website, including info about the mobile devices and programs which you use to access our offerings (“Usage Information“). Usage Information can include: the name of the domain and host from which you access the Internet; the Internet Protocol (IP) address of the device you are using; the browser software and operating system you are using; mobile device type, device operating system, device settings, the date and time of access (including the length of time spent, the pages accessed while visiting, links clicked, and number of visits, and country of origin); and the address of the website from which you have arrived at our Website. This Usage Information is collected to help us manage and administer our Website and systems, improve the content of our products and services, and customize and improve user experience. We may link Usage Information to personal information. Usage Information is gathered using general detection and use of your internet protocol (IP) address or domain name and the following methods:

(a) Cookies. Usage Information may be collected through the use of “cookies,” which are small text files that are saved by your browser or device that serve a number of purposes, such as remembering your preferences (e.g., language) and generally improving your user experience. We (and our Service Providers) may use both session cookies and persistent cookies to gather analytics about our Website, including Usage Information and demographic information in a non-identifiable form, in order to monitor usage and traffic, improve performance and customize users’ experience. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of our Website.

(b) Tags/Beacons. We and/or our Service Providers may employ software technology called tags or web beacons (a.k.a. pixel tags or clear gifs), that help us better manage Website content and communications by informing us what content is effective and how it is used. These beacons (or other tracking technology) may also be included in or associated with e-mails or other communications that you receive from us (or our Service Providers) in order to help us track your response and interests and to deliver you relevant content and services.

(c) Location Data. When you use certain features of our Website or Services, we and our Service Providers may receive, store and process different types of information about your location, including general information (e.g., IP address, zip code), and more specific GPS location information that is provided to us by your mobile device.

4. Use and Processing of Personal information

We use and process your personal information for reasonable and legitimate business purposes, to perform and fulfill our contractual obligations to you, and to comply with legal obligations, including for the following purposes:

  • Providing requested products or services to you.
  • Contacting you regarding business transactions and information related to products or services you have purchased or are using.
  • Informing you about our products and services and other promotional activities.
  • Responding to your comments or requests for information.
  • Developing, enhancing, and improving our products and services.
  • Administering and managing our relationship with you and/or providing ongoing support to you.
  • Evaluating, reviewing, approving, or entering into transactions or potential contractual arrangements.
  • Enhancing the security of our network and information systems.
  • Monitoring how people interact with our Website and optimizing our Website and customer experience.
  • Complying with our obligations under applicable law, industry guidelines and internal policies.
  • Enforcing any contracts that we have entered into with you, or defending claims arising from such contracts.
  • As otherwise described to you when collecting your personal information.

5. Kindeva Communications

When you sign up to receive information from us or otherwise provide us with personal information, we may automatically place you on our list to receive communications and updates and offers regarding Kindeva and our affiliates. If you do not wish to receive these messages, you can simply utilize the opt-out method detailed in the message or contact us at the contact points specified below. You may not opt-out of receiving essential updates regarding your relationship or transactions with us.

6. Sharing of Personal information

In connection with the purposes above, we may share your personal information with third parties in the following circumstances:

  • We may share your personal information with third party companies that we have retained to perform services on our behalf (including web hosting, analytics, payment processing, maintenance, administration, support, fulfillment and database management services) (collectively, “Service Providers”). We do not authorize Service Providers to use your personal information except for the purpose of providing those services requested by us.
  • We may disclose your personal information to third parties whom you have authorized in connection with products and services we provide to you.
  • We may disclose your personal information as required (or requested by law enforcement) and permitted by law or regulation, including in response to a subpoena or to respond to an emergency situation.
  • We reserve the right to disclose personal information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury or interference with (either intentionally or unintentionally) our rights or property or anyone else that could be harmed by such activities.
  • In the event Kindeva or its affiliates or their assets are sold, merged or otherwise involved in a corporate transaction, your personal information will likely be transferred as part of that transaction – we reserve to right to transfer your personal information without your consent in such a situation; provided that we will make reasonable efforts to see that your privacy preferences are honored by the transferee.

7. Third-Party Platforms and Functionality

Certain features or aspects of our Website may be facilitated or provided by third party providers not retained by us (a “Third Party Services”), including features that collect Usage Information or generate performance metrics concerning our Website.

(a) Third-Party Analytics. Our Websites or Services may rely on one or more third-party analytics services (“Analytics Services”) to evaluate, analyze and provide information and performance metrics regarding your use of the Website. Analytics Services use cookies, tags and other technologies to collect and analyze Usage Information. The Analytics Services with whom we currently interact are the following: Google® Analytics. Analytics Services may change from time to time, please check this Privacy Policy periodically for the latest information.

(b) Conversion Tracking. We may use conversion tracking or other search engine features that permit us to measure the effectiveness of search engine results and resulting interaction with our Website. These features use cookies, tags/beacons or other methods to collect Usage Information such as time of day, browser type, browser language, and IP address in connection with search engine queries.

(c) Social Media Functionality. Our Website may enable you to connect to other external services and social media features such as the Facebook “like” button, widgets such as the “share this” button, and other social media functionality. These third-party sites and features may collect your personal information and track your use of our Website or Services and other websites by collecting Usage Information through automated means, including through the use of cookies, web server logs, beacons/tags and other methods.

We are not responsible for the data collection or privacy polices of any Third Party Service, including the use of cookies or other tracking devices by a Third Party Service. You should review the privacy policies and service terms of the Third Party Services that you access. Your use of a Third Party Service may permit the Third Party Service provider to collect personal information or usage information or to track user activity. You can learn more about how Google uses data at https://policies.google.com/technologies/partner-sites and exercise opt-out features at https://adssettings.google.com. Note that because most opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use.

8. Use of Aggregate and Non-Personally Identifying Information

We may anonymize, pseudonymize, aggregate or de-personalize personal information and/or Usage Information to create non-personally identifiable information (“Anonymized Data”). We may freely disclose and use Anonymized Data and other non-personally-identifying information

for industry analysis, statistical purposes, demographic profiling, marketing and advertising, and other business purposes.

9. Your California Privacy Rights – CCPA Notice

If you are an individual within the State of California, USA, the California Consumer Privacy Protection Act of 2018 (“CCPA”) may apply to the personal information that you provide us through this website or otherwise through your interaction with us. If so, we are required by the CCPA and other California statutes to provide additional information to you, which you can find in our California Privacy Statement.

10. European Privacy Rights – GDPR Notice

Kindeva is a U.S. company. If you are an individual within the European Union (“EU”) or the European Economic Area (“EEA”), the EU General Data Protection Regulation 2016/679 (“GDPR”) may apply to the personal information that you provide through our Website or otherwise through your interaction with us. If so, you can find additional information regarding the processing of your information under the GDPR in our GDPR Notice.

11. Do Not Track

We do not collect personal information about an individual user’s online activities over time across third-party web sites. We do not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. As noted in Section 7, Third Party Services may be able to collect information about your online activities over time and across different websites when you use our Websites or other offerings.

12. Transfer of Personal information

All personal information that you provide to us, including in connection with the Website, will be processed and maintained by Kindeva on servers in the United States, and it may also be transferred by us to Service Providers within the United States or elsewhere (which may include countries outside of the European Economic Area). By agreeing to this Privacy Policy, you consent to such transfer of your personal information.

13. Retention of Personal information

Kindeva will retain your personal information for as long as your relationship is active and as reasonably needed to maintain business records for audit purposes, meet regulatory requirements, defend or bring potential legal claims, and respond to post-termination inquiries. In addition, personal information may be retained for such additional time as may be required under applicable law, including record retention requirements. If you wish to request that we no longer use your personal information to provide you with products or services, contact us using the contact information provided below in Section 18.

14. Security

We maintain appropriate physical, electronic and procedural safeguards and controls to help to protect against the loss, misuse, alteration and unauthorized disclosure of personal information in our possession or under our control. While we use commercially reasonable efforts to safeguard the confidentiality of your personal information, we cannot guarantee that data will always remain secure due to transmission errors, outside events, third-party hacking or other causes. We will comply with all privacy laws and make any legally required disclosures regarding breaches of the security, confidentiality, or integrity of personal information consistent with our ability to determine the scope of a breach and our obligations to law enforcement.

15. Policies for Children

Kindeva does not intentionally collect or use any personal information from users under 13 years of age. No data should be submitted to our Website by users under 13 years of age.

16. External Websites

The Website may contain links to third-party websites (“External Sites”). We have no control over the privacy practices or the content of these External Sites, and we are not responsible for (and under no circumstances shall be liable for) the contents content or the privacy policies of those External Sites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

17. Access to Personal information

If you wish to update or delete the personal information you have provided to us, you can contact us using the contact points specified below in Section 18. To the extent authorized by law, we will take steps to modify or delete your personal information as soon as is practical, but some information may remain in archived/backup copies for our records or as otherwise required by law.

18. Contact Information:

If you have any questions regarding this Privacy Policy or wish to exercise your information rights please contact us using the contact information provided below:

Kindeva Drug Delivery L.P.

42 Water Street

St. Paul, MN 55170

Attention: Kindeva Drug Delivery Webmaster

Phone: (+1) 800-643-8086

Fax: (+1) 651-737-5265

Email: contactus@kindevadd.com

GDPR NOTICE

Effective Date: May 1, 2020

Kindeva is a U.S. company. This GDPR Notice supplements the information contained in our general Privacy Policy published on our Website (the “General Privacy Policy”) and applies only to the extent personal information you submit to us is within the scope of the EU General Data Protection Regulation 2016/679 (“GDPR”), which may be the case where we receive personal data from individuals within the European Union (“EU”) or the European Economic Area (“EEA”). Undefined terms used below that are defined in the GDPR have the meaning defined in the regulation. In the event of any conflict between this GDPR Notice (if applicable) and our General Privacy Policy, this GDPR Notice shall prevail.

A. Purposes of Processing

As explained in Sections 4, 5 and 6 of our General Privacy Policy, we process your personal information to process your requests, administer our Website, facilitate access by Service Providers and Third Party Services, make marketing communications, maintain our business relationship, provide support, comply with applicable law, and transfer or sell our business. As explained in those sections, we may also use, transfer and otherwise process Usage Information acquired from you directly or by use of tracking technologies, for such purposes, including marketing purposes.

B. The Legal Bases for Processing

We rely upon the following grounds to process personal information: (1) Processing is necessary to perform obligations that we undertake in providing products or services to you, in responding to your requests, or to take steps at your request to enter into a contract with us (for example, when you make a purchase, enter a sweepstakes, sign-up to attend an event or conference, or engage in another type of transaction with us, we may process your personal information to fulfill that contract); (2) Processing is necessary to comply with applicable legal requirements (for example, to disclose personal information in connection with a subpoena); (3) Processing is necessary for the purposes of our (or a third party’s) legitimate interests, provided we have established that those interests are not overridden by your rights and freedoms, including your right to have your personal information protected (for example, optimizing our Services or ensuring that our operations are conducted in an appropriate and efficient manner); or (4) Processing is conducted with your consent (for example, with respect to the international transfers described in Section C below).

C. Transfers

As described in Section 12 of our General Privacy Policy, your personal information may be processed in or transferred to the U.S. or elsewhere in the world. We will rely on appropriate safeguards, as defined in GDPR and as approved by applicable governmental authorities, to provide an adequate level of protection for such transfers. By using our Website or otherwise providing personal information, you consent to any such transfer of the information you provide.

D. Individual Rights

To the extent provided for under GDPR, a data subject in the EU will be entitled to exercise the following applicable data subject rights: access your personal information; obtain information on the processing of your personal information; have your personal information rectified or erased or its processing restricted; exercise your right to data portability; or withdraw any consent that you might have given to the processing of your personal information, including any consent for any direct marketing purposes with future effect.

If you would like to exercise your data subject rights or learn more about the details of the processing of your personal information under GDPR, please contact us using the contact information provided below. We will respond to your request(s) as soon as reasonably practicable within the legally required period of time and subject to any applicable restrictions or exceptions. To help protect your privacy, we take reasonable steps to verify your identity before granting access to your personal information or responding to your requests. In addition to the rights described, you also may contact or register a complaint with the competent supervisory authority or seek other remedies under applicable law.

E. Contact Information

If you have any questions regarding this GDPR Notice or to exercise your data subject rights please contact us using the contact information provided below:

Kindeva Drug Delivery L.P.

42 Water Street, Building 75

St. Paul, MN 55170

Attention: Kindeva Drug Delivery Webmaster

Phone: (+1) 800-643-8086

Fax: (+1) 651-737-5265

Email: contactus@kindevadd.com

CALIFORNIA PRIVACY STATEMENT

Effective Date: May 1, 2020

Kindeva Drug Delivery L.P. (“Kindeva”, “we”, or “us”) is providing this California Privacy Statement to comply with the California Consumer Privacy Protection Act of 2018 (“CCPA”) and other applicable California statutes and any terms used below that are defined in the CCPA have the meaning defined in the statute. This California Privacy Statement supplements the information contained in our general Privacy Policy published on our Website (the “General Privacy Policy”) and applies only if personal information you submit to us is within the scope of the CCPA or other applicable California statute, which may be the case where we receive personal information from individuals in the State of California, USA. In the event of any conflict between this California Privacy Statement (if applicable) and our General Privacy Policy, this California Privacy Statement shall prevail.

A. Categories of Personal Information Collected

Sections 2 and 3 of our General Privacy Policy give details about the personal information we collect. The personal information that we have collected from consumers in the twelve months prior to the effective date of this California Privacy Statement fall into the following categories established by the CCPA:

  • Personal identifiers such as name, postal address, phone numbers, unique personal identifier, online identifier, Internet Protocol (IP) address, and email address.
  • Financial information such as bank account number or payment card information.
  • Personal characteristics such as age.
  • Commercial information such as records of products or services purchased or considered, and information on interactions with our advertisements or Website.
  • Internet or other network activity information such as browsing history, search history, and information regarding your interactions with our Website or other offerings.
  • Geolocation data indicating your physical location, including general (IP address and zip code) and GPS physical location data of your device or computer.
  • Audio, visual, or similar information such as audio recordings of calls to our customer service centers and CCTV video recorded at our facilities.
  • Inferences drawn from any of the above information categories, including information about consumer preferences, characteristics, predispositions, behavior, and attitudes that we collect via our Websites or other offerings or obtain from third parties in order to target advertisements or to personalize content.

B. Sources of Personal Information

We obtain the types of personal information listed above from the sources identified in Sections 2 and 3 of our General Privacy Policy which fall into the following categories of sources:

  • Directly from our customers or their authorized representatives. For example, from information that our customers provide to us related to orders or in connection with establishing a relationship with us.
  • Directly and indirectly from activity on our Website and other offerings. For example, from submissions through our Website or Usage Information collected automatically from use of our Websites.
  • From publicly available sources including mailing or email list service providers.
  • From our third party Service Providers, including payment processors.
  • From third-party website Analytics Services and cookies, web beacons and embedded tracking codes that collect information about visitor traffic on our Website.

C. Purposes for Collecting Personal Information

We may use or disclose the personal information we collect for the purposes identified in Sections 4, 5 and 6 of our General Privacy Policy which include one or more of the following:

  • providing our products and services to you or the business you represent (for example, if you provide us with personal information in connection with a transaction, we will use that information to process that transaction),
  • developing, enhancing and improving our products and services,
  • evaluating, reviewing, approving or entering into transactions or potential contractual arrangements,
  • maintaining our business relationship and/or providing ongoing support, where you or the business you represent are a user of our Website, products or services or a customer, or you otherwise engage with us for business purposes,
  • informing you about our products and services (including customized and interest-based advertising), and responding to your comments or requests for information,
  • enforcing any contracts that we enter into with you or the business you represent, or defending claims arising from such contracts,
  • operating, maintaining, improving, administering and providing our Website, including customizing, personalizing and optimizing our Website and customer experience,
  • safety and security purposes, including where necessary to protect the rights, property or safety of us or other users or customers,
  • where we are obligated, or permitted, to do so by applicable law, regulation or legal process, including disclosure to customs or other governmental authorities, or
  • purposes as described to you when collecting your personal information.

D. Categories of Personal Information Shared or Sold

We may share or disclose the personal information that we collect for the purposes identified in Section 6 of our General Privacy Policy. In the twelve months prior to the effective date of this California Privacy Statement we have not sold any personal information of consumers. In connection with using our Website your personal information, including IP address, may have been collected by Third Party Services as detailed in Section 7 of our General Privacy Policy. The personal information that we have disclosed about consumers for a business purpose in the twelve months prior to the effective date of this California Privacy Statement fall into the following categories established by the CCPA:

  • Personal identifiers;
  • Financial information;
  • Personal characteristics;
  • Commercial information;
  • Internet or other network activity;
  • Geolocation data;
  • Audio, visual, or similar information;
  • Inferences drawn from any of the above information categories.

The above categories of information have been disclosed to the following categories of third parties:

  • Service providers performing services for us or assisting us to provide a requested product or service to you;
  • Analytics Services that help us generate performance metrics regarding our Website or offerings;
  • Payment processors and shipping services;
  • Third parties authorized by you.

E. Rights Under the CCPA

The CCPA grants California residents the following rights:

Right to Know and Data Portability

You can request information about how we have collected, used, shared, disclosed and otherwise processed your personal information during the past 12 months, including the right to request the specific pieces of personal information that we possess.

Right of Deletion

You can request that we delete any of the personal information that we have collected from you. We may deny your deletion request pursuant to certain exceptions in the CCPA, and the response we provide will explain any reason for denying your request.

Right of Non-Discrimination

You have the right to not receive discriminatory treatment by us for exercising any of your CCPA rights.

Right to Opt-Out of Sale

We do not sell your personal information so we do not offer an opt-out.

F. Exercising Your CCPA Rights

To exercise your right to know or right of deletion, please submit a verifiable consumer request to us by either:

  • calling us at 1-800-643-8086, or
  • sending us an email at contactus@kindevadd.com.

We reserve the right to confirm your California residency to process your requests. In accordance with the CCPA, we will need to confirm your identity to process your requests and we may require you to provide information associated with your account or transactions with us, or require you to provide government identification, signed declarations and other proof of identity. You may designate an authorized agent to make a request on your behalf as provided under California law and we reserve the right to request proof of such authorization. You may also make a verifiable consumer request on behalf of your minor child. 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 that the personal information relates to you, or if you do not provide us with sufficient detail to allow us to understand and respond to your request. Our response will explain any reasons we cannot comply with a request, if applicable. If

you have other questions regarding our privacy practices or your personal information please contact us using the contact information in Sections 18 of our General Privacy Policy.

G. Direct Marketing Disclosures

In accordance with California’s “Shine the Light” law (Civil Code Section 1798.83), we do not sell or provide personal information to any third party for such third party’s direct marketing purposes.

H. Do Not Track

Please see Section 10 of our General Privacy Policy for information on tracking and do not track signals.

I. Changes to this Privacy Statement

We reserve the right to amend this California Privacy Statement from time to time as provided in Section 1 of our General Privacy Policy.

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