Privacy Notice
ProKidney Corp. (“Prokidney”, “we”, “us”, or “our”) is committed to respecting your privacy. This privacy notice (the “Privacy Notice”) explains our practices regarding the collection, use and disclosure of information that you may provide to us through your use of www.prokidney.com (“Site”). This Privacy Notice describes the types of information we gather from people visiting and interacting with our Site (“you” or “users”), and how we use, transfer, secure such information, and otherwise process Personal Information and explain the rights and choices available to users with respect to their Personal Information. This Privacy Notice does not cover other services that we may offer or provide, and does not cover information we receive from third parties. For example, our use of information collected in connection with our clinical studies, product quality complaints and adverse event reports is governed by separate privacy notices.
This Privacy Notice is incorporated into, and is part of, our Terms of Service, which govern your access to the Site and your use of the Site, unless you have entered into a separate written agreement with us. If you have entered into a separate written agreement with us, that separate written agreement shall control, and only those terms within this Privacy Notice that do not conflict with such separate written agreement shall apply. Unless otherwise defined herein, capitalized terms shall have the meaning assigned to such terms in the Terms of Use.
If you have any questions regarding this Privacy Notice, please contact us at info@prokidney.com.
By accessing the Site, you agree to be bound by this Privacy Notice. If you do not agree to the terms of this Privacy Notice, please do not use the Site. Each time you use the Site, the current version of this Privacy Notice will apply. Accordingly, when you use the Site, you should check the date of this Privacy Notice (which appears at the bottom) and review any changes since you last reviewed the Privacy Notice.
Information We Collect and How We Use It
We collect two types of information from users and visitors of our Site: “Personal Information,” which is information that you provide that can be used to identify you (such as name, email address, etc.), and “Aggregate Information,” which is information that cannot be used to identify you (such as data about what parts of our Site are most or least frequently viewed, changes in the volume of traffic to our Site over time, etc.)
Personal Information Collected
We collect Personal Information that you voluntarily provide to us when you use our Site. For example, you may provide us with your email address, first name and last name, phone number, or other Personal Information when you choose to submit such information to us through email, an online form or other method (such as contacting us through our “Contact” or “Careers” Site features).
If we have collected your Personal Information through our Site, we may use it to inform you about our products and services and to gather feedback from you on our Site and services. You may unsubscribe from any marketing communications at any time by selecting the opt-out link which will be contained in any such email or communications that you receive, or by contacting us by using the details below.
Employment
If we have collected your Personal Information through our “Careers” page in response to a job opening, you are giving us permission to process and retain your information for the purpose of evaluating your application for employment consideration for the specific position that you applied to, as well as other roles at Prokidney. This Personal Information may be processed and stored by a third party talent tracking solution provider.
Collection of Personal Information by Third Parties
Some links on our Site may redirect you to third party websites that we do not operate. The privacy practices of those websites will be governed by their own policies. We make no representation or warranty as to the privacy practices or policies of any third parties, including the providers of third party applications. If you are submitting information to any such third party through our Site, you should review and understand that party’s applicable policies, including their privacy policies, before providing your information to the third party.
Aggregate Information Collected
Aggregate Information is information that does not identify you. Aggregate Information may be collected when you visit our Site, independent of any information you voluntarily enter. Additionally, we may use one or more processes to de-identify information that contains Personal Information, such that only Aggregate Information remains. We may collect, use, store, and transfer Aggregate Information without restriction.
For example, when you visit our Site, some information is automatically collected. Such information could include your operating system, the site from which you linked to us (“referring page”), the name of the website you choose to visit immediately after ours (called the “exit page”), information about other websites you have recently visited, browser (software used to browse the internet) type and language, device identifier numbers, your site activity, and the time and date of your visit. We use this information to understand how our Site is used and to improve its functionality. However, we do not combine this information to identify you or associate you with the various devices you use to access the Site. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to “Do Not Track” signals from your browser.
Use of “Cookies”
What are cookies?
Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the website or a third-party to recognize you and make your next visit easier and the website more useful to you.
Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
Like most websites, our Site uses “cookies,” but only cookies that are necessary to perform basic functions and operate features of our Site. Those cookies aretechnical and allow you to browse a website, platform or app, and use the various options or services on it (e.g., control traffic, identify data or session, access restricted access sections or content, etc.).
You have choices with respect to cookies. The cookies used by this Site can be found at the site of our platform provider and are listed here. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you may be unable to use some features of our Site. You can learn more about cookies and how they work at www.allaboutcookies.org. You can always disable cookies through your browser settings. You can opt-out from third party cookies that are used for advertising purposes on the NAI website at http://www.networkadvertising.org/managing/opt_out.asp.
Sharing of Personal Information with Third Parties
We may transfer Personal Information to third parties for the purpose of providing the Site. For example, we may transfer your Personal Information to third party service providers to assist with providing the Site and other services and to communicate with you about current or future offerings. These third party service providers are not authorized to retain, share, store or use the Personal Information for any purposes other than to provide the services they have been hired to provide.
We may also transfer your Personal Information to third parties under the following circumstances: (i) to comply with a legal requirement, judicial proceeding, court order, or legal process served; (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of Prokidney; (iv) when we believe it is necessary to protect the rights, property, or safety of Prokidney or other persons, or (v) as otherwise required or permitted by law, including any contractual obligations of Prokidney.
Corrections/Information Removal/Opt-Out
You can request that any Personal Information stored by us be deleted at any time by contacting us at info@prokidney.com. We may require you to provide certain information to verify that it is you making the request. However, note we will not delete information that we are required to retain in order to comply with applicable laws and regulations.
If you no longer wish to receive our marketing and promotional communications, you may opt-out by following the instructions included in each communication.
Children and Privacy
Our Site is not intended to be used by children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16 in connection with the Site.
How Do We Protect Your Information
We take the security of your Personal Information very seriously. We take steps designed to ensure the security of Personal Information in order to protect it from unauthorized access, unlawful processing or disclosure or accidental loss, modification or destruction. To this end, we use reasonable administrative, physical, and technical safeguards to secure the Personal Information you share with us. However, despite these safeguards and our additional efforts to secure your information, we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third-parties will not be able to defeat our security and improperly collect, access, steal, or modify your Personal Information.
Privacy Notice Updates
Each time you use our Site the current version of this Privacy Notice will apply.
If we make material changes to this Privacy Notice, we will notify you by updating the date of this Privacy Notice and posting it on our Site. When you use our Site, you should check the date of this Privacy Statement (which appear at the bottom of the Privacy Statement) and review any changes since the last version. This Privacy Notice is subject to change from time to time. We will not materially change our policies and practices to make them materially less protective of your data and privacy without your consent.
How To Contact Us
To contact us with your questions or comments regarding this Privacy Notice or the information collection and dissemination practices of this Site, please email us at info@prokidney.com.
If You Are Located Outside of the United States
We provide the Site for the purpose of serving interested parties within the United States. The laws governing the collection and use of information within the United States may be different from the laws of your country. If you decide to use our Site, or share your Personal Information with us, you are agreeing to be governed by the laws of the United States, as appropriate and applicable, and you are expressly consenting to the transfer of your Personal Information to the United States.
European Users
This section applies to all Personal Information collected by Prokidney via the Site from the European Economic Area (EEA), the United Kingdom, and Switzerland (“personal data”). The processing of personal data is governed by the General Data Protection Regulation (EU) 2016/679 (“GDPR”) in the EEA, and similar data protection and privacy laws in the United Kingdom and Switzerland. These laws require us to provide certain information regarding our processing of your personal data.
| Name of data controller and contact details | Prokidney, Inc. For contact information, see the section entitled “Contact Us” |
| Name of EU Data Protection representative and contact details | Prokidney.dpr@mydadata-trust.info |
| Contact information of Data Protection Officer (DPO) | Prokidney.dpo@mydata-trust.info |
| Purposes of the processing | The purposes of the processing are described below and in this Privacy Statement. |
| Legal bases for the processing | Generally, we process personal data on the basis that the processing is necessary for purposes of our legitimate business interest in conducting our business in a manner typical in the US pharmaceutical industry. More specifically, we have a legitimate interest in:
We take into account any potential impact and risks to your fundamental rights and freedoms in assessing these purposes. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).We may also process your personal data based on your consent when communicating information about our company, products in development, and (subject to marketing authorizations) our commercial products. Where we rely on your consent, you have the right to withdraw it anytime in the manner indicated when we requested the consent or by contacting our DPO at Prokidney.dpo@mydata-trust.info. We may also process your personal data on other bases permitted by the GDPR and applicable laws, such as to comply with regulatory monitoring and reporting obligations or to comply with law, in which case the processing is necessary for us to comply with our legal obligations. |
| The categories of personal data | All categories of personal data collected via the Site and processed by us are described in this Privacy Notice. |
| Recipients of your Personal Information | We use various service providers to manage our Site. Our service providers change from time to time. Note that our service providers have entered into contracts with us that restrict what they can do with your personal data. If you would like specific information about our service providers who have received your information, please contact us at info@prokidney.com and we will provide that information to you. |
| Information regarding the transfers of personal data outside of the European Economic Area (EEA) | Prokidney is based in the USA and that’s where we process the personal data of users of our Site. When you provide personal data to us, we may request your consent to transfer that Personal Information to the USA. The USA does not have an adequacy decision from the European Commission, which means that the Commission has not determined that the laws of the USA provide adequate protection for personal data. Although the laws of the USA do not provide legal protection that is equivalent to EU data protection laws, we nonetheless treat the personal data of EEA users in accordance with this Privacy Notice. In order to do so, we take appropriate steps by implementing reasonable additional measures to protect your personal data in storage (e.g., EU Commission standard contractual clauses). We also enter into contracts with our data processors that require them to treat personal data in a manner that is consistent with this Privacy Notice. You may contact us if you want further information on the specific mechanism used by us when transferring your personal data to the US from the EEA. |
| The period for which the personal data will be stored | We retain personal data so long as it is necessary for the purpose for which it was collected and delete personal data after it is no longer needed for these purposes. This does not affect your right to request that we delete your personal data before the end of its retention period. We may archive personal data (which means storing it in inactive files) for a certain period of time prior to its final deletion, as part of our ordinary business continuity procedures. If we anonymize your personal data (so that it can no longer be associated with you or used to identify you), we may use and disclose this information without restriction and without further notice to you. |
| Your rights to access, correct, restrict, or delete your personal data and object to processing | You have the right to information on how your personal data will be used, the right of access to your personal data, to have it corrected if the personal data we have is incorrect or incomplete, to request that we restrict the processing (while your personal data shall not be used anymore but must be kept by us during this period) or delete your personal data, the right to portability allowing you to retrieve your data in a structured, commonly used, machine-readable format, the right not to be subject to a decision based solely on automated processing and to object to our processing of your personal data. Note that the exercise of your rights will be subject to a case-by-case analysis by us. Your rights may be subject to various limitations under applicable privacy laws. If you wish to exercise any of these rights, or if you have any concerns about our processing of your personal data, please contact us via any of the ways listed in the section “Contact Us.” |
| Statutory or contractual requirement or other obligation to provide personal data | There are no laws or contractual requirements that would require you to provide personal data to us via our Site. |
| The right to lodge a complaint with a supervisory authority. | You have the right to file a complaint concerning our processing of your personal data with your national data protection authority. If you are in the EEA, find your local DPA here. If you are in the UK, the Information Commissioner’s Office can be reached here. If you are in Switzerland, please check here. |
This Privacy Notice only applies to personal data collected via the Site. If you have provided personal data through some means other than through our Site (for example, in connection with a clinical study sponsored by Prokidney in Europe), you will have received a separate notice concerning your personal data. Please refer to that notice first if you have any concerns about our processing of your personal data, as that notice will contain important information and a designated contact person for concerns. You may always contact us as set forth in the “Contact Us” section of this Privacy Notice.
If you are a person located in the EEA and have any questions about this Privacy Notice or how we process your Personal Information, please contact our Data Protection Officer (see contact details above).
Governing Law
This Privacy Notice is governed by the laws of the State of NEW YORK, U.S.A. without giving effect to any principles of conflict of law.
Contact Us
If you have any questions regarding this Privacy Notice, please contact us at info@prokidney.com.
This Privacy Notice was last updated June 11, 2021