Privacy Policy

This privacy policy applies to your access and use of any Ardelyx, Inc. (“Ardelyx”) website.  By using the website, you confirm that you have read and agree to be bound by the General Terms and Conditions of Use, this Privacy Policy, and the related policies linked above.   If you disagree with any part of this privacy policy, then please do not use the website.
IF YOU DO NOT AGREE TO THIS PRIVACY POLICY AND EACH OTHER POLICY LINKED ABOVE, DO NOT USE THE WEBSITE.
Ardelyx may modify any website and the rules and regulations governing its use, at any time.  Modifications will be posted on the website, so please check back when you use the website.  By continuing use of the website after such changes are posted you will be accepting such changes.
Policy Effective Date:  September 3, 2020

I. OVERVIEW
This Privacy Policy explains the measures that Ardelyx has developed to comply with applicable data protection laws.  Please read this carefully to understand what information we collect, how we collect it, how we use it, who we may disclose it to, and how you can manage your personal information.

II. GOVERNING LAW
We control and operate the website from within the United States of America.  Our online privacy practices are governed by the laws of the United States and the State of California, which may differ from privacy laws in your jurisdiction.  By submitting your personal information to us through the website, you consent to the transfer of your personal information to any country and its use and disclosure in accordance with applicable US Federal and state laws and with this Privacy Policy.

III. INFORMATION WE COLLECT
The website may collect some information that identifies you or that can be used to contact or distinguish you as an individual (“Personal Information”).  We may need to collect Personal Information about you to provide you with services or information you request, or to facilitate commercial engagements with you.  We will only collect Personal Information about you that is necessary for one or more of our legitimate business purposes or is required by law.  Through the website we collect the following types of Personal Information:
(a) Personal Information that we collect directly from you.  We collect Personal Information directly from you when you register with the website through our Investor page, apply for a job on our Careers page, email us through our Contact Us page, subscribe to online services, or otherwise provide information directly to us.  The following are examples of Personal Information that we may collect directly from you:

  • Name
  • Contact details (e-mail address, telephone number, mailing address, title, etc.)
  • Username and password
  • Age/Date of birth
  • Government identification numbers
  • Communication preferences
  • Employment history, education history, qualifications, occupation and areas of specialization
  • Social profiles
  • Other Personal Information necessary for the administration of certain online services

(b) Other information that we collect when you visit the website.  We use a variety of common, automated data collection technologies, such as internet tags or cookies (“Data Collection Technologies”), to assess how the website is used, to personalize your experience, and to deliver content tailored to your interests.  In doing this, we collect information about you when you visit the  website.  When you request pages on the website, for example, our servers automatically log your internet protocol (IP) address.  The IP address is a unique number assigned to your computer to identify it whenever you are browsing the internet.  We use the IP address to understand what web pages you visit.  The IP address does not identify you personally, but it allows us to maintain communications with you as you move about the website.  Generally, these types of data elements (“Other Information”) do not reveal your identity or do not relate directly to you or any other individual.  The following are some examples of Other Information we may collect through Data Collection Technologies:

  • Device ID, including IP address
  • Browser and device information, including operating system
  • Aggregated information such as “click stream” information such as entry and exit points for the website (including referring URLs or domains), certain website traffic statistics, page views, and impressions
  • Geolocation (if using a mobile application and you consent to providing it)
  • Other information collected through cookies, pixel tags and similar technologies

IV. HOW WE USE YOUR PERSONAL INFORMATION
By providing your Personal Information you agree that, where it is permitted by local law, we may use your Personal Information in any of the following ways.
(a) General communications and administration:

  • To communicate with you, including by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging
  • To notify you of our new products and services and to provide you with product news and updates, promotional materials or newsletters, tips, or other helpful information
  • To seek your views on our products and services
  • To monitor our regulatory compliance
  • To respond to your requests
  • To improve the content or personalize our communications
  • To create a profile about you to match you with education/awareness programs, collaboration opportunities or obtain services from you
  • To consider your application for employment
  • For our own administrative and quality assurance purposes, such as to perform data analysis to identify usage trends, determine the effectiveness of our promotional campaigns and general operation of our website
  • To improve our level of service
  • For other purposes that may be detailed on the website

(b) Product reports. If you contact us regarding a product experience, we may use the Personal Information you provide to generate complaints or adverse event reports.
(c) Marketing.  We may use your Personal Information for marketing-related activities, including to communicate with you about our products, services, and company and to invite your participation in engagement opportunities (e.g., surveys).  You can unsubscribe from marketing communications by clicking the “Unsubscribe” link included in each message.

V.  HOW WE SHARE YOUR PERSONAL INFORMATION WITH OTHERS
We may disclose your Personal Information to certain third parties listed below, including third parties who provide us with various business services.  We will not sell your Personal Information.  We will not otherwise disclose your Personal Information without your consent, except where such disclosure is reasonably necessary for normal business operations and such disclosure is in accordance with applicable data protection and privacy laws.
(a) Third Parties / Service Providers. We may disclose your Personal Information to third-party service providers who provide services to us, such as web hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services.  We may also disclose your Personal Information to third parties to perform services you request or functions you initiate on the website.  If we allow a third party to have access to your Personal Information, they will only be permitted access for purposes that are consistent with this privacy notice and will be required to protect your Personal Information in accordance with all applicable data protection laws.
(b) Law Enforcement. In certain circumstances, we may be called upon to release your Personal Information in response to a court order, subpoena, search warrant, law or regulation. We plan to cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the Personal Information that they may receive. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behavior that is illegal or harmful to individuals or the Personal Information we are responsible for.
(c) Regulators and Physicians. If you contact us regarding your experience in using one of our products, we may use the Personal Information you provide as necessary to submit complaint or adverse event reports to local and international health or pharmaceutical regulators, and as otherwise required by law.  We also may use the Personal Information to contact the prescribing physician to follow up regarding an unexpected event involving use of our product.
(d) Other Legal Reasons. In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations; (6) to protect the rights, privacy, safety or property of Ardelyx, you and others; and (7) to enforce our terms and conditions.

VI. HOW WE USE OR SHARE OTHER INFORMATION
We use Other Information or additional information that we collect for any purpose not prohibited by law.  We may collect, compile, store, publish, promote, report, or otherwise disclose or use all Other Information, provided that such information does not personally identify you.  If we combine Other Information or additional information with Personal Information in a way that can identify or be used to identify you, we will treat that information as Personal Information.

VII. INTERNATIONAL TRANSFERS
Ardelyx conducts business in many countries.  Please note that permitted transfers of Personal Information to third parties or other companies within the Ardelyx group include the transfer of data from one country to another and may include transfers to a country where the laws provide different protection from your country.  In such cases, we will take appropriate measures to ensure adequate data protection in accordance with applicable data protection laws.

VIII.  YOUR PRIVACY CHOICES & RIGHTS
You have rights and choices regarding Ardelyx’s processing of your Personal Information.
(a) Opt-in.  When you access any interactive tool or service on the website that collects Personal Information, you will be asked to affirmatively choose (“opt-in”) to provide the requested Personal Information.  You may always choose not to provide the requested Personal Information.
(b) Manage email.  You may elect to receive email updates about developments regarding Ardelyx or its products or services. If you decide, at any later time, that you no longer wish to receive these emails, you may unsubscribe to any such contact list by using the “Unsubscribe” links within the electronic communication channel, or by sending an email entitled “Unsubscribe” to privacy@ardelyx.com.
(c) Manage cookies. Most web browsers allow control of cookies through the browser settings. You can set your browser to notify you when you receive a cookie, which will enable you to decide if you want to accept it or not. However, if you do not accept a cookie, certain elements of the website may not function correctly or completely.
(d) Access/review/update Personal Information.  If you become aware that Personal Information we maintain about you is inaccurate, incomplete, misleading, irrelevant or out of date, or if you would like to access, update or review your information, you may contact us at privacy@ardelyx.com.  We will attempt to provide the requested information or make requested changes to the extent allowable by applicable privacy or other laws.  You may only make a personal information request twice in a 12-month period, and we will need to collect information from you to verify your identity.  We will make reasonable efforts to respond within 45 days of receiving a personal information request.
(e) Remove Personal Information.  You may request the removal of previously provided Personal Information at any time using the contact information below.  Please be aware that we may not comply with your request to amend or remove information that was provided to Ardelyx by a healthcare professional or a consumer regarding an adverse drug event.
Please note that some of the above rights are limited by applicable information protection law and we have the right to collect, process and hold your Personal Information to perform our legal obligations (for example: data regarding an adverse drug event).  We may require you to provide additional information necessary to confirm your identity before we comply with any request made by you.

IX. DATA COLLECTION TECHNOLOGIES
In addition to collecting your IP address as described above, we may also use certain Data Collection Technologies on the website such as:
(a)  Cookies.  Cookies are small text files placed in your computer browser or other web-accessing device directories to store your information about your use of the website and your activities online (collectively, “Cookies”).  A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when it expires), and a value, usually a randomly generated unique number.  To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.  We use first-party, session, and persistent cookies. These cookies allow us to distinguish you from other users of the website, and to enhance the website and your experience when you browse the website.
If you do not wish to receive Cookies or wish to manage when you accept Cookies in general, you may set your browser to reject Cookies or to alert you when a Cookie is placed on your computer.  Although you are not required to accept our Cookies, if you set your browser to reject Cookies, you may not be able to use all the features and functionality of the website.
(b) Internet tags.  Occasionally, we may use Internet tags (also known as web beacons, action tags, single-pixel GIFs, clear GIFs, invisible GIFs and 1-by-1 GIFs) on the website.  Cookies and Internet tags may be placed on different pages throughout the website.  We also use them to measure responses to the website.  We may deploy Cookies and Internet tags through our analytical service partners.
(c) Social Plugins.  The website may also use social plugins (e.g., the Facebook “Like” button) to enable you to easily share information with others.  When you visit the website, the operator of the social plugin may be able to place a Cookie on your computer, enabling that operator to recognize individuals who have previously visited the website.  For further details about the information shared via a social media plugin, you should refer to that social media website’s privacy statement.
(d) Advertisers.  We do not permit advertisers to display their advertisements on the website.
(e) Do not track (DNT).  We do not respond to DNT signals offered by some browsers.

X. OUR SECURITY MEASURES
We have implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the website.  Unfortunately, no system or online transmission of data can be guaranteed to be 100% secure and you should always take appropriate security measures to protect your Personal Information, including ensuring that you have up-to-date antivirus software.

XI. STORAGE & RETENTION
We store and process Personal Information on Ardelyx’s servers, and the servers of third parties we hire to provide our services, worldwide.  These servers may be located outside the country from which you interacted with Ardelyx.  We retain your Personal Information for no longer than is necessary for the purposes for which it has been collected.

XII. MINORS
Our website, its content and our services are intended for users over the age of eighteen (18).  We do not knowingly collect any personally identifiable information from children under age eighteen (18). If we learn a user under the age of eighteen (18) has volunteered personally identifiable information on the website, we will delete such information from our active databases.

XIII. CONTACT US
If you have any concerns about the way your Personal Information has been collected or handled by Ardelyx, or any queries regarding this privacy statement, you can contact us at privacy@ardelyx.com.
You can also write to the following address:
Privacy Officer
Ardelyx, Inc.
34175 Ardenwood Blvd.
Freemont, CA 94555  USA

XIV. PERSONAL INFORMATION COLLECTED
In the 12 months preceding the effective date of this Privacy Policy, Ardelyx collected the following categories of Personal Information via the website: