CCPA Privacy Policy

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). Agena Bioscience, Inc. (“we”, “us”, or “our”) adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The examples of Personal Information provided for each category are taken from the CCPA and are included to help you understand what the categories mean. These are examples only and not meant to be an exhaustive list of what may be collected and what personal information may be disclosed.

Category	We Collect	We Disclose	We Sell
Identifiers Example: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	Yes	Yes	No
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Example: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	Yes	Yes	No
Protected classification characteristics under California or federal law Example: 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	Yes	No
Biometric information Example: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	No	No	No
Professional and employment-related information Annual salary, bank account information, employer name, employment location, employment status, hire date, household income, job title, length of service, number of years working in employed, occupation, occupation code, resume, tenure, termination date, transfer date, work history.	Yes	Yes	No
Internet or other similar network activity Example: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Yes	Yes	No
Sensory data Example: Audio, electronic, visual, thermal, olfactory, or similar information.	Yes	Yes	No

 

Personal information does not include:

1. Publicly available information from government records.

2. De-identified or aggregated consumer information.

3. Information excluded from the CCPA’s scope, like:

• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

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

Directly when you:

• Submit a job application.
• Submit information in a form on our website.
• Provide contact information at a conference.
• Provide information for employment.

Indirectly when you:

• Access our website.
• Navigate through our website.
• Open marketing emails you may receive from us.

Use of Personal Information

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

• Fulfill or meet the reason for which the information is provided.
• Provide you with information, products or services that you request from us.
• Provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• Contract with service providers to perform services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
• Improve our website and present its contents to you.
• Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

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 disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We disclose your personal information for a business purpose to the following categories of third parties:

• Affiliates.
• Vendors and service providers, including for data analytics and marketing and advertising our products and services to you.
• Third parties integrated into our services.
• Third parties as required by law and similar disclosures.
• Third parties in connection with a merger, sale, or asset transfer.
• Other third parties for whom we have obtained your permission to disclose your Personal Information.

Your California Privacy Rights

If you are a California resident, you may exercise the following rights.

Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected or disclosed by us; (2) purposes for which categories of Personal Information are collected by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you during the past twelve months.

Right to Delete. Subject to certain exceptions, you have the option to delete Personal Information about you that we have collected from you.
Verification. Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations.

Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.

Shine the Light. We do not rent, sell, or share your Personal Information with nonaffiliated companies for their direct marketing purposes, unless we have your permission.

Submit Requests. To exercise your rights under the CCPA, or to authorize an agent to make a request on your behalf, you can contact us at:

• Toll-free: (877) 443-6663, or
• Email: ccpa@agenabio.com

Only you, or a person who we can confirm you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or a person authorized to act on your behalf (e.g., previous transactions of person to whom request relates). Making a verifiable consumer request does not require you to create an account with us. CCPA precludes Agena Bioscience from completing your request if we are unable to verify your identity.

We will only use the personal information that you have provided in a verifiable request in order to verify your request. As stated above, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

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

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response to you electronically. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. 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.

Changes to Our CCPA Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this notice, we will notify you through a notice on our website homepage.

Last Updated: October 5, 2020.