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PRIVACY POLICY

 Effective Date: January 19, 2021

Cytokinetics, Incorporated (“Cytokinetics”, “we”, “us” and “our”) respects the privacy and confidentiality of the users of our online services. This Privacy Policy (“Privacy Policy”) was created to inform you of our practices regarding the collection, use and disclosure of personal information and the choices you have related to that information.

By accessing any of our websites or online services, any websites or online services operated by a third party on our behalf that link to this Privacy Policy, or any of our offline services that reference it (collectively, the “Services”), you acknowledge that you have reviewed the Cytokinetics Privacy Policy. Please note that we may update this Privacy Policy from time to time as described in the Changes to This Privacy Policy section below.

If you are a California resident and would like to exercise your California privacy rights, please see the California Privacy Rights section below.

  1. Scope
  2. Personal Information We Collect
  3. How We Use Information
  4. When Cytokinetics Discloses Information
  5. Third-Party Links
  6. Our Commitment to Children’s Privacy
  7. Data Security
  8. Data Retention
  9. International Transfers
  10. Your Privacy Choices
  11. California Privacy Rights
  12. Notice to Nevada Residents
  13. Changes to This Privacy Policy
  14. Contact Us

 

  1. SCOPE

This Privacy Policy applies to all personal information collected about you by Cytokinetics when you do any of the following:

i. use our online, offline or digital Services, including but not limited to our corporate website, www.cytokinetics.com, and any other websites, applications or platforms offered by Cytokinetics or a third party on its behalf that link to this Privacy Policy;

ii. participate in our questionnaires, surveys or other interactive Services; and

iii. communicate with us orally, in writing or by electronic or other means.

  1. PERSONAL INFORMATION WE COLLECT

We collect personal information when you use our Services and when we communicate with you. As used throughout this Privacy Policy, personal information means any information that relates to, identifies or could be used to identify a specific individual, such as their name, email address or telephone number. Personal information does not include anonymous, de-identified or aggregated data where the identifiers have been removed. The types of personal information that we may collect about you include:

 Information You Provide to Us Directly: We collect personal information that you provide to us through our Services (whether those services are operated by Cytokinetics or by a third party on our behalf) and when you communicate with Cytokinetics directly. When you request information about Cytokinetics, for example, we may collect information such as your name, mailing address, email address or telephone number. When you apply for a job, we may ask for employment information, educational history or records. We may also ask you to update your personal information from time to time in order to ensure it is accurate.

 You can choose not to provide information to Cytokinetics directly. Some personal information, however, may be necessary for us to provide you with our Services you have requested. The failure or refusal to provide this information may prevent us from offering those Services.

Information We Collect Automatically: When you access or use our Services on any device or open one of our emails, we may automatically record your Internet Protocol address (“IP Address”), unique user ID, software version, system type, the content and webpages you access, webpages you visit before you came to our website and the dates and times that you access or use the Services. We may use cookies, pixel tags and similar technologies to automatically collect this information. Cookies are small bits of information that are stored by your computer’s or mobile phone’s web browser. Pixel tags are very small images or small pieces of data embedded in images that can recognize cookies.

For more details about the cookies utilized by Cytokinetics and your choices related to cookies, please see our Cookie Policy.

Information Collected from Third Parties: In some instances, we process personal information we receive from third parties, which consists of:

  • Research and Analytics Providers: We may receive information from entities who perform business functions for Cytokinetics, such as research organizations and analytics service providers;
  • Partners: We may receive information from entities with whom we partner to provide our Services;
  • Social Networks: We may receive information from social networks that you choose to interact with in relation to our Services, such as LinkedIn, Facebook and Twitter; and
  • Public Sources: We may collect personal information from public sources to verify your identity or professional credentials. In some cases, we may augment our existing contact databases with information from these public sources.
  1. HOW WE USE INFORMATION

We and our authorized third-party service providers process personal information for the following purposes:

  • To operate, maintain, analyze and enhance our Services and develop new features, functionality and offerings;
  • To respond to your inquiries and requests or otherwise communicate with you or provide you with assistance;
  • To communicate with you about potential participation in a clinical trial and provide you with additional information about the trial;
  • To validate licensure and eligibility to access or use certain Services;
  • To notify you of updates to our Services, send privacy or security related notices or otherwise communicate with you in compliance with the law;
  • To evaluate your application for employment and make recruiting and hiring decisions;
  • To prevent potentially prohibited or illegal activities or other activity that is not in accordance with our Terms of Use;
  • To provide information to regulatory authorities when legally required; and
  • For any other purposes disclosed to you at the time we collect your personal information or with your consent.
  1. WHEN CYTOKINETICS DISCLOSES INFORMATION

Aside from disclosing your information to those of our personnel who are authorized to process the information in order to provide our Services, we disclose your personal information only to the third parties listed below and only for the following reasons:

Authorized Service Providers and Vendors: We disclose information to service providers, vendors, agents, partners, contractors, consultants and others who help us provide, maintain and improve our Services, such as website hosting, maintenance and security services, responding to queries, conducting data analysis and creating reports, supporting the functionality and improving the Services and helping to create new features and offerings.

Corporate Affiliates: We may share your information with affiliated companies.

Business Transfers: We may share your information in connection with a corporate transaction, such as a sale, merger, acquisition, consolidation, divestiture, restructuring, reorganization, dissolution, asset sale or in the unlikely event of bankruptcy.

With Co-branding Partners: We may partner with other companies to provide you with content or services on a joint or “co-branded” basis. When websites or services are co-branded, you will see both the Cytokinetics logo and the logo of our co-branding partner. When you register for a co-branded website or service, your registration information may be shared with one or more of Cytokinetics’ co-branding partners. You may avoid sharing your information with our partners on co-branded sites or in relation to co-branded services by choosing not to use them. Each co-branding partner will have its own privacy policy and its privacy practices may differ from this Privacy Policy.

Legal Obligations: We will disclose your personal information if we believe that it is necessary to comply with a law, regulation, legal process or legitimate governmental request and to protect and defend the rights, interests, safety and security of our business, our employees, affiliates, users or the public. We may disclose information in response to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries that have been received by Cytokinetics. If we receive information that leads us to a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person, we may provide information to law enforcement trying to prevent or mitigate the danger.

With Your Consent: There may be situations where you are asked to consent to us sharing personal information with third parties for additional reasons not included in this Privacy Policy. We will share your personal information with these third parties only with your consent.

  1. THIRD-PARTY LINKS

Our website may contain links to third-party websites operated by organizations not affiliated with Cytokinetics. We do not review or endorse and are not responsible for the privacy practices of these organizations. We encourage you to read the privacy statements of every website you visit. This Privacy Policy applies solely to information collected by Cytokinetics.

  1. OUR COMMITMENT TO CHILDREN’S PRIVACY

The Services are designed for individuals who are 18 years of age or over. Consistent with the requirements of the Children’s Online Privacy Protection Act (COPPA), if Cytokinetics learns that a child under the age of 18 has provided us with personal information, Cytokinetics will delete this information or otherwise comply with applicable law. If you are a parent or guardian and believe that your child may have provided us with personal information, please contact us at privacy@cytokinetics.com to request removal.

  1. DATA SECURITY

Cytokinetics uses commercially reasonable and appropriate safeguards to protect the integrity and security of personal information. However, no data storage system or transmission of data over the internet or any other public network can be guaranteed to be 100% secure, and we cannot and do not guarantee that personal information will be completely protected. Please recognize that protecting your personal information is also your responsibility. We ask you to be responsible for safeguarding the personal information you use to access our Services.

  1. DATA RETENTION

We retain personal information for as long as is reasonably necessary and relevant for the specific business purpose or purposes for which it was collected and the duration of your use of our Services. In addition, we retain personal information to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, assist with investigations, enforce our Terms of Use and other reasons permitted by law.

  1. INTERNATIONAL TRANSFERS

Cytokinetics is based in the United States and, regardless of where you use our Services, information may be transferred to servers located in the U.S. and other territories as necessary for the purposes described above, including to territories that may not provide the same level of data protection as your home country.

  1. YOUR PRIVACY CHOICES

You have certain choices regarding the personal information you provide to us. Subject to certain legal limitations, these choices include the following:

Access and Correction Rights: You have the right to view, update or change most of your personal information that we hold by contacting us directly at privacy@cytokinetics.com. We will respond to reasonable inquiries without undue delay. To ensure the security of your account, we may ask you to verify your identity before we act on your request.

Marketing or Newsletter Email Opt-Out: At times, you may be presented with the option of receiving marketing communications that we think will be of interest to you. Recipients of such communications can unsubscribe by following the specific instructions included in the communication, or you may “opt-out” of receiving any marketing emails from Cytokinetics by sending an email to us at privacy@cytokinetics.com describing your request. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may require a reasonable amount of time to process and apply. If you opt-out of receiving marketing communication, we will still send you non-marketing emails for our business purposes, such as for responses to your requests or communications about your account. Additionally, you should be aware that any information provided to us prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by law.

Cookies: As described above in this Privacy Policy, we collect and may permit third parties to collect information using cookies and other technologies. Your browser software can be set to reject all cookies. If you reject our cookies, however, certain of the functions and conveniences of our Services may not work properly. To learn more about your choices related to cookies and other tracking technologies, please check your browser’s help or similar feature and see our Cookie Policy.

 Do-Not-Track Signals: Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers implement this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. We currently do not take action in response to these signals.

  1. CALIFORNIA PRIVACY RIGHTS

This section supplements the information provided in this Privacy Policy and applies only to California residents.

If you have questions about your California privacy rights or the information provided in this section, please contact us at privacy@cytokinetics.com.

Personal Information Categories We Collect: For purposes of this section, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular consumer or household. Personal information does not include:

  • information that is lawfully made available from federal, state or local government records;
  • anonymous, de-identified or aggregated information; and
  • information excluded from the scope of the California Consumer Privacy Act of 2018 (“CCPA”), such as health or medical information covered under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and financial information covered under the Fair Credit Reporting Act (“FCRA”) or Gramm-Leach Bliley Act (“GLBA”).

While the information we may collect from you depends on your relationship and interactions with Cytokinetics, below is a summary of the personal information categories, as identified and defined by the CCPA, that we have collected in the last twelve (12) months:

  • identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address and software and identification numbers associated with your device;
  • characteristics of protected classifications including medical information such as your medical history, mental or physical condition or treatment;
  • commercial information such as records of products or services purchased, obtained or considered by you;
  • internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our website, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions and system configuration information;
  • your geolocation, to the extent you have configured your device to permit us to collect such information;
  • audio recordings of your voice to the extent you call us, as permitted under applicable law;
  • professional or employment-related information;
  • education-related information; and
  • inferences about your preferences, characteristics, behavior and attitudes.

To learn more about the personal information we collect and how we collect it, please refer to Personal Information We Collect above.

 Sources of Personal Information: We collect personal information from the following sources:

  • directly from consumers;
  • indirectly from consumers through automatic means; and
  • third parties.

To learn more about the sources from which the personal information is collected, please refer to Personal Information We Collect above.

Purposes for Processing Personal Information: We collect personal information for the business purposes described above in How We Use Information.

Disclosures of Personal Information: In the last twelve (12) months, we have disclosed personal information to certain third parties as described below.

Authorized Service Providers and Vendors and Affiliates:

  • identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address and software and identification numbers associated with your devices;
  • characteristics of protected classifications including medical information such as your medical history, mental or physical condition or treatment;
  • commercial information such as records of products or services purchased, obtained or considered by you;
  • internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our website, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions and system configuration information;
  • your geolocation, to the extent you have configured your device to permit us to collect such information;
  • audio recordings of your voice to the extent you call us, as permitted under applicable law;
  • professional or employment-related information;
  • education-related information; and
  • inferences about your preferences, characteristics, behavior and attitudes.

Marketing and Advertising Service Providers:

  • identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software and identification numbers associated with your devices;
  • internet or other electronic information regarding your browsing history, search history, the webpage visited before you came to our website, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions and system configuration information;
  • your geolocation, to the extent you have configured your device to permit us to collect such information; and
  • inferences about your preferences, characteristics, behavior and attitudes.

Co-Branding Partners:

  • identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software and identification numbers associated with your devices;
  • commercial information such as records of products or services purchased, obtained or considered by you;
  • internet or other electronic information regarding your browsing history, search history, the webpage visited before you came to our website, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions and system configuration information;
  • your geolocation, to the extent you have configured your device to permit us to collect such information; and
  • inferences about your preferences, characteristics, behavior and attitudes.

Cytokinetics also discloses personal information to legal and regulatory bodies and other third parties as required by law. For more information about these third parties, please see When Cytokinetics Discloses Information above.

CCPA Privacy Rights: If you are a California resident, you have rights in relation to your personal information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable and unreasonable risk to the security of the personal information or the security of our network systems.

  • Right Against Discrimination: You have the right not to be discriminated against for exercising any of the rights described in this section. This means we will not treat you differently for exercising any of these rights.
  • Right to Know: You have the right to request in writing a list of: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purposes for the personal information collection practices, (iv) the categories of third parties with whom we have shared personal information, (v) the specific pieces of your personal information we hold and (vi) the categories of your personal information we have sold.
  • Right to Delete: You have the right to request that we delete personal information we have collected from you or maintain about you, subject to certain exceptions. Please be aware that we may not always be able to delete your personal information. For example, there may be business or operational reasons why we need to retain personal information. If we deny your request to delete personal information, we will explain the basis for our denial in our response to you.
  • Right to Opt-Out of Selling: You have the right to opt-out of the sale of your personal information. We had previously shared identifiers and inferences about people who visited our website with our service providers in such a way that, under the CCPA, may have been defined as “selling.” We have discontinued those programs and do not sell your personal information. We do not sell personal information of minors under the age of sixteen (16) years of age.

How to Exercise Your California Privacy Rights: You may exercise the CCPA rights once every twelve (12) months. To assert your CCPA rights, please contact us at privacy@cytokinetics.com. Alternatively, you can submit your request by printing the Rights Request Form and mailing it back to us at the following address:

 

Cytokinetics, Incorporated

80 East Grand Avenue

South San Francisco, CA 94080

Attn: Chief Compliance Officer

 

To verify your identity, we may ask you to confirm personal information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity and for security or fraud-prevention purposes.

We will respond to your rights request within forty-five (45) days from the date we receive it. In some cases, we may require additional time to complete your request and will inform you if additional time is needed. Where additional time is needed, we may take up to a maximum of ninety (90) additional days to complete your request.

You may designate an authorized agent to submit a request on your behalf. Cytokinetics reserves the right to deny a request from an agent that does not submit proof that they have been authorized directly by you to act on your behalf. If you are using an authorized agent to exercise your rights, Cytokinetics may require that you:

  1. Provide the authorized agent written permission designating them to submit the request on your behalf; and
  2. Verify your own identity directly with Cytokinetics.
  1. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time. When we update the Privacy Policy, we will revise the “effective date” above and post a link to the new Privacy Policy on our website. If we make any material changes, we will provide you with notice as required under applicable law. You are advised to review this Privacy Policy periodically to ensure you are aware of any such changes. Changes to this Privacy Policy are effective when they are posted on this page. 

  1. CONTACT US

To contact Cytokinetics with any questions or comments about this Privacy Policy, obtain access to your information or withdraw consent, please contact us at: Cytokinetics, Incorporated, 280 East Grand Avenue, South San Francisco, CA 94080 or by email: privacy@cytokinetics.com.