Effective as of 7 March, 2022.

Prolacta Bioscience^®, Inc is a life sciences company that develops specialty formulations made from human milk for the nutritional needs of premature infants in the neonatal intensive care unit (NICU). We believe that protecting the personal information of those we may interact with is vitally important. We believe that you should know what we do with your information, who we share it with, and the business reason for sharing it.

Prolacta Bioscience, Inc will not sell your personal information. We are the world’s leading hospital provider of 100% human milk–based nutritional products. We are dedicated to advancing the science of human milk, not selling personal information.

This ‘Privacy Policy’ describes the privacy practices of Prolacta Bioscience, Inc and all our subsidiaries and affiliates (collectively, ‘Prolacta’, ‘we’, ‘us’, or ‘our) and applies to the Prolacta.com website and all other sites owned by Prolacta and its subsidiaries. For ease of use, when we refer to ‘Site’ or ‘Sites’ we are referring to any and all of the Prolacta-owned sites (Prolacta.com, prolacta.uk, prolacta.de, prolacta.asia, tinytreasuresmilkbank.com, helpinghandsbank.com, and preemiemilkbank.com). This Privacy Policy describes how we collect, use, disclose, and otherwise process personal information in connection with the Site(s) and mobile app(s) on which we post or link to this Privacy Policy (the ‘Sites’) and our products and services (together with the Sites, the ‘Services’), and explains the rights and choices available to individuals with respect to their information.

Prolacta may provide additional privacy notices to individuals at the time we collect their data. For example, we provide a specific privacy notice to clinical trial participants that describes our privacy practices in connection with conducting clinical trials. This type of an ‘in-time’ notice will govern how we may process the information you provide at that time. For example, our privacy practices in connection with clinical trials are governed by applicable clinical trial protocol(s).

This Policy does not apply to any information that you may provide directly to third parties including via links appearing on the Site.

By accessing this Site you are giving Prolacta your consent to collect, use, and disclose your information as described in this Privacy Policy.

Individuals located in Europe should be sure to read the important information provided in the section Notice to European Users.

Whose personal information we collect

We collect personal information about the following types of individuals: clinical trial participants, patients, patient family members, donors, carers or advocates, doctors and other healthcare professionals, clinical trial investigators, researchers, pharmacists, users of our Sites, and other individuals who interact directly with Prolacta, or our service providers or business partners.

How we collect personal information

We collect personal information:

• Directly from individuals
• Through the Sites
• From healthcare professionals
• From hospitals, clinics and other healthcare providers
• From contract research organisations and clinical trial investigators
• From government agencies or public records
• From third-party service providers, data brokers, or business partners
• From industry and patient groups and associations
• From social media or other public forums (including adverse event information or product quality complaints)

Types of personal information we collect

The types of personal information we collect and share depend on the nature of the relationship you have with us and the requirements of applicable laws. We may collect:

• Health and medical information (such as medical insurance details, information about physical and mental health conditions and diagnoses, treatments for medical conditions, genetic information, family medical history, and medications an individual may take, including the dosage, timing, and frequency) we collect in connection with managing clinical trials, conducting research, operating Prolacta-affiliated donor milk programmes, providing patient support programmes, managing compassionate use and expanded access programmes, and tracking adverse event reports
• Personal and business contact information and preferences (such as name, job title, employer name, email address, mailing address, phone number, and emergency contact information)
• Biographical and demographic information (such as date of birth, age, gender, marital status, and information regarding any parents or legal guardians, or donors)
• Payment-related information we need to process donor compensation and reimbursements
• Payment-related information we need to pay for professional services, such as participation in an advisory council, that individuals may provide to us (such as tax identification number and financial account information)
• Professional credentials, educational and professional history, and institutional affiliations
• If you are a health care professional, we collect information about the programmes and activities in which you have participated, your prescribing of our products, and the agreements you have executed with us
• Your social media handle or digital or electronic signature
• Publicly available information (such as comments describing support for and experience with Prolacta products)
• Other information you provide to us (such as through donor applications, in emails, on phone calls, or in other correspondence with us or our service providers or business partners)

We may combine other publicly available information, such as information related to the organisation for which you work, with the personal information that you provide through the Services.

Information automatically collected

We may automatically log information about you and your computer or mobile device when you access our Sites. For example, we may log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, IP address, the website you visited before browsing our websites, pages you viewed, how long you spent on a page, access times, and information about your use of and actions on our Sites. We collect this information about you using cookies. Please refer to our Cookie Policy for more details.

One of the third parties we use to collect and track user statistics and trends related to our Sites and Services is Upland Software, Inc through its LeadLander product offering (‘LeadLander’). LeadLander's privacy policy and how the LeadLander services operate and use data from our Sites and Services are available at https://uplandsoftware.com/privacy. As part of our use of our Site, we will install cookies onto your computer on behalf of LeadLander. You acknowledge and accept the placement of such cookies which will collect data about your use of our Site and Services and other sites and services which use LeadLander's services. In addition, if you provide us with personal information (including name, email address, company affiliation, and similar personally identifying data) we may provide this information to LeadLander so they can associate it with the cookie we have installed on your computer which will allow them to identify you on other sites which use the LeadLander service and share your information with the third party.

‘Do Not Track’ signals

Some Internet browsers may be configured to send ‘Do Not Track’ signals to the online services that you visit. We do not currently respond to ‘Do Not Track’ signals. To find out more about ‘Do Not Track’, please visit http://www.allaboutdnt.com.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described to you in this Privacy Policy or at the time of collection:

To operate the Sites

If you use our Sites, we use your personal information to:

• Operate, maintain, administer, and improve the Sites
• Better understand your needs and interests, and personalise your experience with the Sites
• Provide support and maintenance for the Sites
• Respond to your service-related requests, questions, and feedback

To perform and administer clinical trials, research, and product-improvement activities

We may use your personal information when necessary to facilitate our clinical trials, research, studies, and related activities that support product improvement, including to:

• Staff and manage clinical trials, including by recruiting investigators and participants
• Track and respond to safety and product quality concerns (including product recalls)
• Support public health initiatives, symposia, conferences, and scientific, educational, and volunteer events
• Define and manage appropriate patient engagement activities and patient support programmes (including to provide co-pay and other financial assistance where available)
• Identify and engage thought leaders and external experts
• Award grants
• Attribute authorship to academic and promotional materials

To provide the Services

We use your personal information as necessary to provide Prolacta Services, including to:

• Manage access to our products
• Pay for services that doctors, researchers and other individuals may provide to us
• Operate a Prolacta-affiliated donor milk programme, including by recruiting donors
• To provide information regarding Prolacta’s products
• To provide you with email alerts, event registrations and other notices concerning our products, or events or news, that may be of interest to you
• To improve our website and present its contents to you. We may use the information you provide to us in connection with a job application or inquiry, such as information contained on a resume or a curriculum vitae, for the purpose of employment consideration or responding to your inquiry. We may keep your information on file for future consideration.

To communicate with you

We may send you surveys, promotions or other marketing communications, but you may opt out of receiving them as described in the Opt out of marketing section below.

To comply with law

We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

To comply with regulatory monitoring and reporting obligations

We use your personal information as we believe necessary or appropriate to comply with regulatory monitoring and reporting obligations, such as those related to adverse events, product complaints, patient safety, and financial disclosures.

With your consent

In some cases we may ask for your consent to collect, use or share your personal information, such as when required by law or our agreements with third parties.

To create anonymous data for analytics

We may create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information that makes the data personally identifiable to you, and use that anonymous data for our lawful business purposes.

For compliance, fraud prevention, and safety

We use your personal information as we believe necessary or appropriate to (a) enforce the terms and conditions that govern our websites, products, and services; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorised, unethical or illegal activity.

How We Share Your Personal Information

Affiliates

We may disclose your personal information to our subsidiaries and corporate affiliates for purposes consistent with this Privacy Policy.

Service providers

We may employ third-party companies and individuals to perform services on our behalf, including:

• Contract research organisations that conduct clinical trials
• Data storage and analytics companies
• Customer service (including our medical information line and customer resource centre) and patient support providers (including for product quality and adverse event reporting, patient co-pay assistance, adherence programmes, etc.)
• Product recall administration
• Technology services and support (including email and web hosting providers, marketing and advertising technology providers, email and text communications providers, mobile app developers)
• Event planning and travel organisations that help facilitate Prolacta programs
• Payment, shipping and fulfillment service providers

These third parties may use your information only as directed by Prolacta and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Healthcare providers and healthcare professionals and organisations

We may disclose your information to healthcare providers in connection with developing our nutritional formulations for premature or other identified infants. We may also share your personal information with healthcare professionals, researchers, institutions, academics, public health organisations, and publishers for purposes consistent with this Privacy Policy.

Business partners and other professionals and organisations

We may disclose your personal information to partners with whom we jointly develop products or services, in connection with the development and promotion of such products or services. We will ask for your consent before disclosing your information with our business partners where required by applicable law.

Internal professional advisors

We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

Compliance with laws and law enforcement, protection, and safety

We may disclose your personal information to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our websites, products, and services; (d) protect our rights, privacy, safety, or property, as well as that of you or others; and (e) protect, investigate, and deter against fraudulent, harmful, unauthorised, unethical, or illegal activity.

Business transfers

We may transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganisation, sale of assets, or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honour this Privacy Policy.

Additional Programme Terms

In some situations, Prolacta may have a separate agreement or relationship with you with respect to a specific type of processing of your data, such as if you participate in a special programme (including donor milk programmes), activity, event, or clinical trial. These situations will be governed by specific terms, privacy notices, or consent forms that provide additional information about how we will use your information. We will honour these additional terms with respect to your information and thus, strongly recommend you review the additional terms prior to participating in any programmes.

Your Choices

Access and changes to your personal information

To request access to the personal information we maintain about you, or if you become aware that the personal information we maintain about you is inaccurate, incomplete, misleading or out of date, you may contact us at privacy@prolacta.com

Opt out of marketing

You may opt out of marketing-related emails by clicking the ‘Unsubscribe’ link at the bottom of each such email or by completing the following Opt-Out form. You may continue to receive service-related and other non-marketing emails.

Testimonials

If you gave us consent to post a testimonial on our Site(s) but wish to update or delete it, please contact us at marketing@prolacta.com.

Choosing not to share your personal information

Where we are required by law to collect your personal information, or where we need your personal information in order to provide you with our Services, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our Services and may need to terminate our relationship with you. We will tell you what information you must provide to us by designating it as required when we request the information or through other appropriate means.

Security

The security of your personal information important to us. We take a number of organisational, technical, and physical measures designed to protect the personal information we collect, both during transmission and once we receive it. However, no security safeguards are completely secure and we cannot guarantee the security of your information.

Children

We do not knowingly collect personal information from children under age 13 in the United States through our Sites. If we learn that we have collected personal information directly from a child under the age of 13 through our Sites, we will delete that information as soon as practicable.

International Data Transfers

Prolacta is headquartered in the United States and has affiliates and service providers in other countries. Your personal information may be transferred to the United States or other locations outside of your state, province, country, or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.

Individuals in Europe should read the important information provided in the section Notice to European Users about transfer of personal information outside of the European Economic Area.

Other Sites and Services

For your convenience and information, we may provide links to sites and other third-party content that is not owned or operated by Prolacta. These links are not an endorsement, authorisation, or representation that we are affiliated with that third party. We do not exercise control over third-party sites or services and are not responsible for their actions. Other sites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies of the other sites you visit and services you use.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy we will notify you by email or through the Sites as required.

Contact Us

If you have any questions or concerns about our Privacy Policy or privacy practices, please contact us at:

Prolacta Bioscience, Inc.
1800 Highland Avenue
Duarte, CA 91010, USA
Attention: CIO/Privacy
privacy@prolacta.com

If you are an Australian resident and are not able to resolve your concern by contacting us, you may contact your state Privacy Commissioner or the Privacy Commissioner of Australia here.

Notice to European Users

Effective as of 11 March, 2022.

Prolacta Bioscience^®, Inc is a life sciences company that develops specialty formulations made from human milk for the nutritional needs of premature infants in the neonatal intensive care unit (NICU). We believe that protecting the personal data of those we may interact with is vitally important. We believe that you should know what we do with your data, who we share it with, and the business reason for sharing it.

Prolacta Bioscience, Inc will not sell your personal data. We are the world’s leading hospital provider of 100% human milk–based nutritional products. We are dedicated to advancing the science of human milk, not selling personal data.

This ‘Privacy Policy’ describes the privacy practices of Prolacta Bioscience, Inc and all our subsidiaries and affiliates (collectively, ‘Prolacta’, ‘we’, ‘us’, or ‘our’) and applies to the Prolacta.com website and all other sites owned by Prolacta and its subsidiaries under applicable privacy laws including but not limited to the General Data Protection Regulation (‘GDPR’). For ease of use, when we refer to ‘Site’ or ‘Sites’ we are referring to any and all of the Prolacta-owned sites (Prolacta.com, prolacta.uk, prolacta.de, prolacta.asia, tinytreasuresmilkbank.com, helpinghandsbank.com, humanmilkscience.org and preemiemilkbank.com). This Privacy Policy describes how we collect, use, disclose, and otherwise process personal data in connection with the Site(s) on which we post or link to this Privacy Policy (the ‘Sites’) and explains the rights and choices available to individuals with respect to their personal data.

This Policy does not apply to any information that you may provide directly to third parties including via links appearing on the Site.

How we collect Personal Data

We collect personal data:

• Directly from individuals
• Through the Sites

Types of Personal Data we collect

Information collected via our contact form

When you send us your request via our contact form, we collect the following categories of personal data:

• First name
• Last name
• Hospital / Affiliation
• Email address
• Any personal information you voluntarily provide to us in the section ‘What are your nutritional goals’?

Information collected via the completion of our contact form

Within the framework of our contact form, you have the option of consenting to receive notifications on our products, services as well as information on our surveys and events. In this case, we process the following categories of personal data:

• First name
• Last name
• Email address
• Time of your consent
• E-mail open rates and click-through rates of the newsletters sent

Information automatically collected

We may process the following categories of personal data when you access and interact with our Sites:

• Operating system name and version of your computer or mobile device
• Manufacturer and model of your device
• Browser type
• Browser language
• Screen resolution
• IP address
• Referrer (the website you visited before browsing our websites)
• Pages you viewed
• How long you spent on a page
• Access time
• Actions performed

We collect this information about you using cookies. Please refer to our Cookie Policy for more details.

How We Use Your Personal Data

We use your personal data for the following purposes:

To operate the Sites

If you use our Sites, we use your personal data to:

• Operate, maintain, administer, and improve the Sites
• Better understand your needs and interests, and personalise your experience with the Sites
• Provide support and maintenance for the Sites
• Respond to your service-related requests, questions, and feedback

To communicate with you

When you sent us your request via our contact form, we process your personal data in order to respond to your request.

To send you marketing material

When you agreed to receive marketing material, we may send you surveys, promotions or other marketing communications. You may opt out of marketing-related emails by clicking the ‘Unsubscribe’ link at the bottom of each such email or by completing the linked Opt-Out form.

To comply with law

We use your personal data as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

To comply with regulatory monitoring and reporting obligations

We use your personal data as we believe necessary or appropriate to comply with regulatory monitoring and reporting obligations, such as those related to adverse events, product complaints, patient safety, and financial disclosures.

To create anonymous data for analytics

We may create anonymous data from your personal data personal data we collect. We make personal data into anonymous data by excluding information that makes the data personally identifiable to you, and use that anonymous data for our lawful business purposes.

For compliance, fraud prevention, and safety

We use your personal data as we believe necessary or appropriate to (a) enforce the terms and conditions that govern our websites, products, and services; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorised, unethical or illegal activity.

Legal bases for processing

The legal bases for our processing of your personal information are described in the table below.

How We Share Your Personal Data

Affiliates

We may disclose your personal data to our subsidiaries and corporate affiliates for purposes consistent with this Privacy Policy.

Service providers

We may employ third-party companies and individuals to perform services on our behalf, including:

• Data storage and analytics companies
• Technology services and support (including email and web hosting providers, marketing and advertising technology providers, email and text communications providers, mobile app developers)

These third parties may use your information only as directed by Prolacta and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Internal professional advisors

We may disclose your personal data to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

Compliance with laws and law enforcement, protection, and safety

We may disclose your personal data to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our websites, products, and services; (d) protect our rights, privacy, safety, or property, as well as that of you or others; and (e) protect, investigate, and deter against fraudulent, harmful, unauthorised, unethical, or illegal activity.

Business transfers

We may sell, transfer, or otherwise share some or all of our business or assets, including your personal data, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganisation, sale of assets, or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honour this Privacy Policy.

Security

The security of your personal data important to us. We will take reasonable steps, proportionate to the sensitivity of the personal data, to protect personal data we collect, both during transmission and once we receive it from loss, misuse, unauthorised access, disclosure, alteration, or destruction. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure personal data from loss, misuse, and unauthorised access or disclosure, alteration, or destruction such as role-based access controls, user authentication / authorisation, logging mechanisms and physical access and security access controls.

We will only process and use personal data in a way that is compatible with and relevant to the purposes for which it was collected, or authorised by you, including the purposes set out above. To the extent necessary for those purposes, we will take reasonable precautions to ensure that personal data is accurate, complete, and current. Additionally, personal data may be retained in a form identifying or making identifiable individuals only for as long as it serves a purpose for which the data was collected or as authorised by the individual.

International Data Transfers

Prolacta is headquartered in the United States and has affiliates and service providers in other countries. Your personal data is processed in the United States or other locations outside of your country of residence where privacy laws may not be as protective as those in your jurisdiction.

However, we have taken appropriate security measures as listed above at the section ‘Security’ to ensure that your personal information will remain protected in accordance with this Privacy Policy.

Whenever we transfer your personal data to countries not deemed by the European Commission to provide an adequate level of personal data protection, the transfer will be based on safeguards that allow us to conduct the transfer in accordance with the European Economic Area’s data protection laws. These safeguards include role-based access controls, user authentication / authorisation, logging mechanisms and physical access and security access controls. Furthermore, the received data is secured using Secure FTP to transfer files.

Children

We do not knowingly collect personal data from children under age 16 through our Sites. If we learn that we have collected personal data directly from a child under the age of 16 through our Sites, we will delete that information as soon as practicable.

Other Sites and Services

For your convenience and information, we may provide links to sites and other third-party content that are not owned or operated by Prolacta. These links are not an endorsement, authorisation, or representation that we are affiliated with that third party. We do not exercise control over third-party sites or services and are not responsible for their actions. Other sites and services follow different rules regarding the use or disclosure of the personal data you submit to them. We encourage you to read the privacy policies of the other sites you visit and services you use.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time, by publishing a new version on our Sites. You can see the date of the last revision at the beginning of this policy.

Contact Us

Prolacta is the controller of your personal data covered by this Privacy Policy. If you have any questions or concerns about our Privacy Policy or privacy practices, please contact us at:

Prolacta Bioscience, Inc.
1800 Highland Avenue
Duarte, CA 91010, USA
Attention: Privacy
privacy@prolacta.com

Prolacta’s EU representative, Vincent Gaspar, can be reached at vgaspar@prolacta.com.

Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) in which case we may use this data for as long as necessary without further notice to you.

Your Rights

The GDPR gives you certain rights regarding your personal data. You may ask us to take the following actions in relation to your personal data that we hold:

• Opt out. Stop sending you direct marketing communications. You may continue to receive service-related and other non-marketing emails.
• Access. Provide you with information about our processing of your personal data and give you access to your personal data.
• Correct. Update or correct inaccuracies in your personal data.
• Delete. Delete your personal data.
• Transfer. Transfer a machine-readable copy of your personal data to you or a third party of your choice.
• Restrict. Restrict the processing of your personal data.
• Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal data.
• Withdraw. Withdraw your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.

You can submit these requests by email to privacy@prolacta.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why subject to legal restrictions. If you would like to submit a complaint about our use of your personal data or response to your requests regarding your personal data, you may contact us as described above or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.