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Privacy and Cookies Notice – Prospective Clinical Trial Participants in the USA

The arenaibd.com website (the "Website") provides initial information about clinical trials that we are sponsoring and for which we are looking for participants, and it allows you to register as a potential participant in these clinical trials. Comprehensive information about the clinical trials will be provided to you by healthcare professionals if you are eligible to participate in the clinical trials. This Privacy and Cookies Notice sets out how we use and protect any personal information we collect through this Website.

When we say “we”, “us”, or “our” in this Privacy and Cookies Notice, we are referring to Arena Pharmaceuticals, Inc., a Delaware corporation whose principal place of business is at 6154 Nancy Ridge Drive, San Diego, California, 92121 (“Arena”) (see https://www.arenapharm.com/).

The Website is hosted by Havas Lynx Faze, a global patient recruitment agency that is part of Havas Health and You (please see for more information). Clinical trial sponsors such as Arena typically do not access patient recruitment data directly. Havas Lynx Faze is our contractor for the purpose of supplying and administering the Website platform and the associated collection and processing of your Personal Data.

If you have any questions about our collection of your Personal Data (as defined below), please contact Havas Lynx Faze at privacy@fazeone.app.

Introduction

Any data collected through the Website, including Personal Data, are only used to determine your eligibility for participation in clinical trials we run and to maintain the Website. Once collected, Personal Data will not be used for a different incompatible purpose without your knowledge and, where required by law, consent.

We take the protection of data privacy very seriously. All Personal Data collected through the Website will only be used and disclosed as set out in this Privacy and Cookies Notice. Applicable data protection laws shall be respected in full.

Please note: Access to and use of the Website are not intended for use by anyone younger than the age of 18 and we do not knowingly collect Personal Data from individuals younger than the age of 18.

Please read this Privacy and Cookies Notice thoroughly. If you disagree with the way Personal Data will be used, please do not use this Website or provide your Personal Data through the Website.

  1. Purpose of data collection
  2. What Personal Data do we collect and process?
  3. With whom do we share Personal Data?
  4. Who is processing the Personal Data?
  5. Retention of Personal Data
  6. Data Security
  7. Confidentiality
  8. Use of cookies and other tracking technologies
  9. California Residents
  10. Nevada Residents
  11. Notification of Changes
  12. Further Information

1. Purpose of data collection

The main purpose for the collection of Personal Data through the Website is to determine if you are eligible to participate in an advertised clinical trial and, if so, to share your Personal Data with healthcare professionals (investigators and members of the study team) involved in conducting that clinical trial. We will assess the Personal Data you provide to determine whether you are eligible for the clinical trial in which you express interest.

With your consent, as an additional purpose, we will also use your Personal Data to determine whether you are eligible for any other or future clinical trials we conduct in which you have not specifically expressed interest. If you consent, we may contact you about other or future clinical trials in order to provide you with relevant information about such trials. You may unsubscribe from receiving this information about other or future clinical trials at any time by contacting privacy@fazeone.app.

We may use automated analysis tools to determine whether you are eligible to participate in our clinical trials, which will look at the eligibility requirements of the particular clinical trial and the information you have provided. This may result in you being declared ineligible for a trial in which you expressed interest or eligible for a trial in which you did not specifically express interest. We may use the Personal Data that you provide to contact you to ask if you would like to see if you are eligible for a different trial.

  1. We may also use your Personal Data where it is necessary for us to comply with any legal obligationsto which we are subject, to exercise our legal rights or to protect ourselves or any other person when reasonably required.
  2. In order to meet their contractual security obligations to us, Havas Lynx Faze also collects collect data (including Personal Data) for website security and maintenance purposes but they use such data in statistical and anonymised form as far as possible.

Please note that where you have given your consent to any use of your Personal Data, you can withdraw or revoke this consent at any time.

2. What Personal Data do we collect and process?

Personal Data means any information relating to an identified or identifiable natural person (i.e. living individual). For California residents, Personal Data includes all personal information as defined in the California Consumer Privacy Act (CCPA) – specifically, it includes information relating to a particular household as well as a natural person. For purposes of this Privacy and Cookies Notice, Personal Data are limited to information about you that are collected through the Website.

We collect the following Personal Data directly from you through the Website:

  1. Your Personal Details

We collect certain personal details such as your name, location, email address and telephone number.

  1. Your Health Information

We collect details about your health and any conditions you may have, as well as details of clinical trials you have participated in in the past.

  1. Browsing Information

We also collect limited Personal Data from the device that you use to access the Website, such as your IP address, browser type, Operating System, websites you visit before and after the Website and data on how you use the Website. (See “Use of cookies and other tracking technologies” section of this Privacy and Cookies Notice for more information.)

3. With whom do we share Personal Data?

Where you are considered to be eligible for one of our trials, we may share your Personal Data with the relevant third-party healthcare professionals (investigator or members of the investigations team) who are carrying out that clinical trial on our behalf. We may also share your Personal Data with a clinical research organisation (CRO) that supports us in conducting the trial.

In such cases, when we share your Personal Data with these healthcare professionals and CRO, they will provide you with the information leaflet together with an informed consent form which sets out the required information about the clinical trial and a separate privacy notice which sets out how they will use your Personal Data.

We may also share your Personal Data to the fullest extent permitted by law with:

  1. Law enforcement agencies, courts, regulators, government authorities or any other third parties where this is necessary to comply with a legal or regulatory obligation, or necessary to protect our rights or those of a third party.
  2. Any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your Personal Data uses it in a manner consistent with this Privacy and Cookies Notice.

We will not disclose your Personal Data to anyone else except where we have separately informed you, and where necessary, obtained your consent, or as otherwise stated in this Privacy and Cookies Notice.

4. Who is processing the Personal Data?

As mentioned at the beginning of this Privacy and Cookies Notice, the Website is hosted by Havas Lynx Faze, a global patient recruitment agency that is part of Havas Health and You (please see https://havasfaze.com for more information). Havas Lynx Faze is our contractor for the purpose of supplying and administering the Website platform and the associated collection and processing of your Personal Data. Havas Lynx Faze may in turn engage sub-contractors, for example to provide Website hosting and data storage. Any processing of the Personal Data by these parties is ultimately in accordance with our instructions.

We may also engage call centre service providers to help us contact you about the running of the clinical trial.

Where the services of third parties for the technical maintenance, administration or processing of data are required, the Personal Data will be accessed by these parties only to the extent that is required to ensure a smooth and secure technical handling of the Website and in compliance with applicable law, including with respect to data confidentiality, privacy and security.

5. Retention of Personal Data

Personal Data will be stored by us in accordance with our applicable data retention requirements and corporate policies. When determining how long to retain your Personal Data, we take into account our legal obligations and regulators' expectations.

6. Data Security

We use a variety of methods, such as firewalls, encryption technologies, intrusion detection software and manual security procedures that reflect industry standards, to secure your data against loss or damage and to help protect the accuracy and security of Personal Data and to prevent unauthorised access or improper use. In particular, whenever you are sending Personal Data to us through the Website, your Personal Data (including your health information) is protected by Secure Sockets Layer (SSL) technology. We also restrict the access of our employees or contractors to your Personal Data on a need to know basis, with different levels of access authorisations and we keep a record of access logs.

However, please note that no Internet or Wi-Fi transmission can ever by 100% guaranteed as secure and so we encourage you to take care when disclosing Personal Data online and to use readily available tools, such as Internet firewalls, anti-virus and anti-spyware software and similar technologies to protect yourself online.

If you think that the Website or any Personal Data are not secure or that there has been unauthorised access to either the Website or your Personal Data, please contact privacy@fazeone.app immediately.

7. Confidentiality

Please note that we treat Personal Data as strictly confidential, and will only disclose it as explained in this Privacy and Cookies Notice.

8. Use of cookies and other tracking technologies

A cookie is a small file which is placed on your computer or mobile device. If you choose to accept cookies (see below), the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

Analytics on the Website

We use Google Analytics to collect statistical information about how our Digital Services are used. Google Analytics services involve the use of cookies that collect information such as your IP address or other identifiers, browser information, and information about the content you view and interact with to record how you use the Website.

These analytics services help us to know how many users we have, which parts of our sites are most popular, what browsers are used (so we can maximize compatibility), the country or region where our users are located, and the demographics and interests of our users. This enables us to better understand who is using our website and to improve how we present content on the Website.

Google Analytics cookies may retain information for up to two years. For more information about Google Analytics services, please click here.

Opting Out of Analytics Cookies

To find out more about the Google Analytics services used on our website and to opt-out please visit: https://tools.google.com/dlpage/gaoptout.

Overall, cookies and trackers help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not.

Some web browsers may be configured to send 'Do Not Track' signals to the websites that you visit. There is no consensus among industry participants as to what 'Do Not Track' means in this context. Like many websites, the Website does not alter practices when a 'Do Not Track' signal is received from a visitor's browser. To find out more about 'Do Not Track', please visit www.allaboutdnt.com.

In addition to cookies we use Google UTM tracking parameters to allow us to improve our advertising choices by tracking the advertising source which sent you to our website.

9. California Residents

California Consumer Privacy Act Rights. Under the CCPA, California residents have certain rights regarding their Personal Data. If you are a California resident and would like to exercise these rights on or after January 1, 2020, please contact privacy@fazeone.app. For your own privacy and security we may require you to prove your identity before providing the requested information, as provided for by the CCPA. It may take us some time to respond to your request, but we will do so within the requirements of the CCPA.

This Privacy and Cookies Notice provides you disclosure regarding the Personal Data we collect from you and the purposes for doing so. The CCPA grants you specific rights, including the following:

Right to Know. You have the right to request the following information (much of which is already provided in this Notice):

The CCPA also provides the right to opt out of the sale of your Personal Data, when applicable. However, we do not sell your Personal Data, so this right is not relevant.

Right to Request Deletion: Upon a verifiable request, made through one of the methods provided within the “Contact Us” section below, we will delete Personal Data we have regarding you and direct our service providers to delete your Personal Data from their records, to the extent required by the CCPA. Please note that Arena may be required or permitted by law to not remove (or allow removal) of your Personal Data.

Right to Be Free from Discrimination: Arena will not discriminate against you for exercising any of your rights under the CCPA.

Information We May Need From You. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). We may make this request directly if you have contacted us, or through Faze if that is more appropriate. Our request for information to confirm your identity is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond. We will respond to all legitimate requests within forty-five (45) days, or as permitted by the CCPA.

CCPA Contact Information. To exercise your rights under the CCPA, please contact privacy@fazeone.app.

10. Nevada Residents

We do not sell Covered Information as defined under Nevada law. If you would like to make a further inquiry regarding the selling of your Covered Information, as defined under Nevada law, please contact privacy@fazeone.app.

11. Notification of Changes

Should we wish to change this Privacy and Cookies Notice, if you have already provided Personal Data through this Website, we will contact you to inform you of the new Privacy and Cookies Notice and, in some circumstances, we may need to obtain your consent to the changes. In other circumstances, any such changes to this Privacy and Cookies Notice will be promptly communicated on this page and you should check back to see whether there are any changes. If material changes are made to this Privacy and Cookies Notice, we will notify you by placing a prominent notice on the Website and bringing these changes to your attention by email where reasonably possible for us to do so. We reserve the right to update and amend this Privacy and Cookies Notice without prior notice to reflect legal and regulatory changes. Continued use of the Website after a change in the Privacy and Cookies Notice indicates your acknowledgement of the use of Personal Data in accordance with the amended Privacy and Cookies Notice.

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12. Further Information

For further information on Arena please visit– https://www.arenapharm.com/.

Toll-Free Phone Number: 1-877-541-0485

If you consider that we are not complying with this Privacy and Cookies Notice or if you have any questions in relation to this Privacy and Cookies Notice, please contact privacy@fazeone.app.

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