ONWARD THERAPEUTICS SA
PRIVACY & COOKIES POLICY
Version : June 2021
INTRODUCTION
We recognize that your privacy is very important and take it seriously. This Privacy & Cookies Policy (the Policy) describes Onward's policies and procedures on the collection, use and disclosure of personal information of the persons (you, your) using our website (www.onward-therapeutics.com) (the Website) and tells you about your privacy rights and how the law protects you.
By using the Website, you consent to our use of your Personal Data in accordance with this Policy.
We commit not use or share your Personal Data with anyone except as described in this Policy.
Capitalized terms are defined in section 15 (Definitions) of this Policy, unless the context otherwise commands.
This Policy describes:
• Who we are and how to contact us
• What Personal Data we collect
• How we use your Personal Data and why
• On which legal basis do we use your Personal Data
• How we use cookies and other tracking or profiling technologies
• Analytics and social media
• Your rights relating to your Personal Data
• Who we share your Personal Data with
• How long we store your Personal Data
• Where we store your Personal Data
• How we protect your Personal Data
• Our policy on children's privacy
• Links to other websites
• Changes to our Policy
• Definitions used in this Policy
1. WHO WE ARE AND HOW TO CONTACT US
1.1. Who we are
Onward Therapeutics SA (Onward, we, us or our) is a company organized under the laws of Switzerland, with its registered office at Route de la Corniche 4, bat. Lysine, 1066 Epalinges, Switzerland, registered with the commercial register of the canton of Vaud under the UID/IDE n° - CHE-304.676.764.
Unless indicated otherwise in this Policy, we are the Controller of your Personal Data.
If you have any questions about our practices or this Policy, please contact us at
Name: Onward Therapeutics SA
• Route de la Corniche 4, bat. Lysine, CH – 1066 Epalinges
• contact@onward-therapeutics.com
1.2. Our EU/EEA Representative
As we do not have an establishment in the EU/EEA (European Union/European Economic Area), we have appointed a representative based in [France], who you may address to if you are located in the EU/EEA to raise any issues or queries you may have relating to our Processing of your Personal Data and/or this Policy more generally.
Our EU/EEA representative is: Onward Therapeutics SAS located in France. He can be contacted directly by e-mail at the following address: Jecontact@onward-therapeutics.com
EU/EEA Data Protection Officer. Onward itself has not appointed a data protection officer as referred to in art. 37 GDPR, as none is required.
2. WHAT PERSONAL DATA WE COLLECT
2.1. Personal Data we collect directly from you
There are many occasions when you provide information that may enable us to identify you personally (Personal Data) while using the Website. The Personal Data we may collect from you is outlined below.
Identity Data : First name, surname.
Contact Data : Your e-mail address and telephone numbers.
Content Data : Any content you post through the Website not already included in another category, including without limitation, your questions, preference settings, answers or messages.
Technical Data : Your Internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, unique device identifiers, language preference, browsing activity, referring site, mobile network information and other technology on the devices you use to access our Website (see below, for more detail).
2.2. Personal Data from Third Party Sources
In addition to the Personal Data that we collect directly from you (as described in section 2.1 above), we may also collect certain of your Personal Data from third party sources, some of which may not be publicly available. Examples of these sources are broken down below.
Third party data source : Analytics Providers
Category(ies) or other types of Personal Data received : Behavioral Data, Technical Data
2.3. Special Categories of Personal Data
We do not purposefully collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
However, we cannot exclude that you choose to submit information concerning your health (Medical Data) through the contact form available on the Website. Any Medical Data you choose to submit will be shared exclusively within our company and our Affiliates (see section 8), for the period set out in section 9 and for the purpose described in section 3.
3. HOW WE USE YOUR PERSONAL DATA AND WHY
We use Personal Data for the following purposes:
• to answers any question you may ask us;
• to provide, update, maintain and improve the Website;
• to enhance security of the Website;
• to perform research and analysis about your use of the Website;
• to verify your identity and prevent fraud or other unauthorized or illegal activity;
• other purposes set out below.
We have set out below, in a table format, more detailed examples of relevant purposes for which we may use your Personal Data.
Purpose : Answer your questions
Why do we do this : To send communications via e-mail and within the Website, including to respond to your comments, questions and requests.
Purpose : Enhancing security
Why do we do this : To keep our Website and associated systems operational and secure, including, for example, verifying accounts and activity, monitoring and investigating suspicious or fraudulent activity and to identify violations of our terms and policies.
Purpose : Update, maintain and improve the Website
Why do we do this : To enable us to improve the Website and better understand our users. For example, we may conduct or facilitate research and use learnings about how people use our Website and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns, areas for additional features and improvement of the Website and other insights.
Purpose : To comply with applicable law, legal process and regulations and protect legitimate business interests
Why do we do this : As we believe is reasonably necessary to comply with applicable law, or to audit or to protect the safety of any person, to address fraud, security or technical issues, or to protect our legal rights, interests and the interests of others, such as, for example, in connection with the acquisition, merger or sale of securities or a business (e.g. due diligence).
Any Medical Data you choose to submit will be used exclusively to respond to the question you have submitted.
4. ON WHICH LEGAL BASIS DO WE USE YOUR PERSONAL DATA
In respect of each of the purposes for which we use your Personal Data, we ensure that we have a legal basis for that use. This means we collect and use your Personal Data only where:
• We need it to operate the Website and to protect the safety and security of the Website;
• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development and to protect our legal rights and interests; or
• We need to process your data to comply with a legal or regulatory obligation.
We may also rely on your consent as a legal basis for using your Personal Data where we have expressly sought it for a specific purpose. If we do rely on your consent to a use of your Personal Data, you have the right to change your mind at any time (but this will not affect any Processing that has already taken place).
5. HOW WE USE COOKIES
Cookies: See our Cookies Policy here https://www.onward-therapeutics.com/policy].
6. ANALYTICS
We may use third-party services, to help understand the use of the Website. These services typically collect the information sent by your browser as part of a web page request, including cookies and your IP address. One of the analytics service providers we use is Google Analytics. To learn more about how Google uses data, visit https://policies.google.com/privacy/partners. For opt-out options specific to Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.
7. YOUR RIGHTS RELATING TO YOUR PERSONAL DATA
7.1. Information notice
If and to the extent we process your Personal Data on our behalf, we must provide you with the following information:
Identity and contact details of the Controller(or its representative, for non-EU established representative); contact of the Data Protection Officer, where applicable : Onward Therapeutics SA (see section 1 (Who we are and how to contact us) of this Policy).
Purpose of the Processing : See section 3 (How we use your personal data and why) of this Policy.
Lawful basis for Processing : See section 4 (On which legal basis do we use your Personal Data) of this Policy.
Legitimate interest pursued by the Controller (or third party) (if applicable) See section 3 (How we use your personal data and why) of this Policy.
Categories of Personal Data obtained (if the personal data is not obtained from the Data subject it relates to) : See section 2.2 (Personal Data from Third Party Sources) of this Policy.
Recipients or categories of recipients : See section 8 (Who we share your Personal Data with?) of this Policy.
Transfers to any third countries (outside the UE) or international organizations : As a rule, your Personal Data will not be transferred outside the European Union or Switzerland. See section 10 (Where we store your Personal Data) of this Policy.
Retention period : See section 9 (How long we store your Personal Data) of this Policy.
Your rights, including your right to withdraw consent and to lodge a complaint : See section 7.2 (Your rights under this Policy) of this Policy.
Statutory or contractual requirement to provide the data : None, unless indicated otherwise.
Details of the existence of automated decision-making : None, unless indicated otherwise.
7.2. Your rights under this Policy
In addition, you have the right under this Policy to:
• Request access to your Personal Data. This enables you to obtain a confirmation from us whether or not your Personal Data is being processed by us and, as the case may be, to receive a copy of your Personal Data we hold about you and to check that we are lawfully processing it.
• Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You will have such right when (i) your Personal Data is no longer necessary for the purposes for which it has been collected, (ii) you exercise your right to oppose the Processing concerned, or (iii) the Processing is not legal. Your right to erase cannot be asserted if we must retain Personal Data in order to comply with a legal obligation or to exercise rights in court.
• Object to the Processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our Processing and there is something about your particular situation, which makes you want to object to the Processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
• Request the restriction of the Processing of your Personal Data. This enables you to ask us to suspend the Processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your Personal Data. Upon your request, we will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format (such as CSV; XML or JSON) where it is technically possible. This right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent. This right only exists where we are relying on consent to process your Personal Data (Consent Withdrawal). If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of our Website. We will advise you if this is the case at the time you withdraw your consent.
• Lodge a complaint with the competent authority of the country in which you have your habitual residence if you consider that the Processing of your Personal Data violates the applicable Data Privacy Law.
7.3. How to exercise your rights?
If you want to exercise any of the rights described above, please contact us using the contact details in Who We Are and How to Contact Us.
Typically, you will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, except in relation to Consent Withdrawal, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or, we may refuse to comply with your request in these circumstances.
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). This 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.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
8. WHO WE SHARE YOUR PERSONAL DATA WITH?
We may share Personal Data to the following categories of recipients to the extent permitted by the applicable Data Privacy Law:
Our Affiliates : Our Affiliates may access your Personal Data to help us develop, maintain and provide our Website and help manage our customer relationships.
Service Providers : Our service providers provide us support for our Website, including, for example, website and application development, hosting, maintenance, backup, storage, virtual infrastructure, analysis, identity verification, and other services for us, which may require them to access or use Personal Data about you.
Legal and Taxing Authorities, Regulators and Participants in Judicial Proceedings : We may disclose your Personal Data if we believe it is reasonably necessary to comply with applicable law or to protect the safety of any person, to address fraud, security or technical issues, or to protect our legal rights, interests and the interests of others.
Other Users : With your consent, your Personal Data will be communicated to other Users (See below for more detail).
M&A : As we develop our business, we may buy or sell businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, we may also transfer your Personal Data as part of the transferred assets without your consent or notice to you.
Pseudonymized / anonymized data : We may also share non-Personal Data (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for our Website or conduct independent research based on such anonymous usage data.
If you request that we remove your Personal Data as described in section 7 (Your Rights Relating to Your Personal Data) of this Policy, we will convey that request to any third-party with whom we have shared your data. We are not, however, responsible for revising or removing your Personal Data obtained by any third party who has previously been provided with your information by us in accordance with this Policy or any third party to whom you have provided such information (whether by sharing your login and password, or otherwise).
Any Medical Data you choose to submit will be shared exclusively within our company and our Affiliates.
9. HOW LONG WE STORE YOUR PERSONAL DATA
We will retain your information for as long as it is reasonably needed for the purposes set out in section 3 (How We Use Your Personal Data and Why) of this Policy unless you request that we remove your Personal Data as described in section 7 (Your Rights Relating to Your Personal Data) of this Policy. We will only retain your Personal Data for so long as we reasonably need to use it for these purposes unless a longer retention period is required by law (for example for regulatory purposes).
The questions and answers exchanged through the Website or by emails, including Medical Data you may submit to us, will be retained during 3 months and thereafter erased from our servers, unless indicated otherwise on a case by case basis.
We reserve the right to retain for an unlimited period of time information derived from your Personal Data in such way that you will no longer be identified or identifiable (anonymized data).
10. WHERE WE STORE YOUR PERSONAL DATA
As a general rule, we use a cloud-based solution implying that your Personal Data will be processed and stored on the servers of our cloud service providers (OVHcloud), which may be located in in the EU and/or Switzerland. If you access our Website from outside of EU/Switzerland, your data may also transit via servers located in other countries. We may also process and store Personal Data in our own servers in Switzerland and/or in the EU.]
We do not transfer Personal Data to any parties located outside Switzerland and/or the EU, except with your prior written consent or where there is another lawful basis. As the case may be, we implement any applicable conditions set by Data Privacy Law to ensure that your Personal Data will benefit of the same protection it has in your country of domicile, notably by imposing the necessary contractual obligations on the persons to whom we transfer your Personal Data.
11. HOW WE PROTECT YOUR PERSONAL DATA
We use commercially reasonable safeguards to help keep the information collected through the Website secure and, where a logging is required, take reasonable steps to verify your identity before granting access to your account/subaccount(s). However, Onward cannot ensure the security of any information the End-users transmit to Onward or guarantee that information on the Website may not be accessed, disclosed, altered, or destroyed.
We have put in place procedures to respond to any actual or suspected Personal Data breach. In the event that personal information is compromised as a result of such a breach of security, we may promptly notify those persons whose personal information has been compromised by posting a notice on the Website, via the functionality of the Website, or by sending an e-mail to you. You may have a legal right to receive this notice in writing.
We cannot ensure that your Personal Data will be protected, controlled or otherwise managed pursuant to this Policy if you share your login and password information with any third party, including any third party operating a website or providing other services.
12. OUR POLICY ON CHILDREN'S PRIVACY
The collection of Personal Data of children under 16 years old is permitted only with the valid consent of the person who has the parental authority. If you are under the age of 16 and do not have the consent of the legal parental authority on you, please do not provide any Personal Data.
If we learn that we have collected personal data of a child under 16 years old without the valid consent of the legal parental authority on him/her, we will remove the Personal Data unless otherwise agreed by the person having the legal authority.
13. LINKS TO OTHER WEBSITES
This Policy applies only to the Website. The Website may contain links to other websites not operated or controlled by Onward. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Website to another website, our Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Website, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
14. CHANGES TO OUR POLICY
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this Policy at any time. Any changes or updates will be effective immediately upon posting to this page. You should review this Policy regularly for changes. You can determine if changes have been made by checking the Effective Date above. Your continued use of our Website following the posting of any changes to this Policy means you consent to such changes. If we make any significant changes to this Privacy Policy, we will notify you by e-mail.
15. DEFINITIONS
Affiliate means, with respect to any person or entity, any other person or entity directly or indirectly controlling, controlled by or under common control with, such person or entity. Control means, with respect to any person or entity, the possession directly or indirectly of the power to direct or cause the direction of the management and policies of such person or entity whether through ownership of voting shares, by contract or otherwise.
Controller means the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data, as defined in art. 4 Section 7 of the GDPR and the FADP, insofar as the respective provisions apply in the specific case.
Data Privacy Law means the data protection law applicable, from time to time, including, where applicable, the GDPR and/or the FADP.
Data subject means any individual with respect to whom personal data is collected and/or processed.
End-user means an individual using the Website. The terms "you" and your" must be construed accordingly.
FADP means the Swiss Federal Act on Data Protection, as amended.
GDPR means the European regulation 2016/679, called the General Protection Data Regulation, as amended.
Medical Data means any information relating to an identified or identifiable natural person's health.
Personal Data means any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Policy means this privacy & cookies policy, which may be retrieved from the following link [www.onward-therapeutics.com/policy], as amended from time to time.
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.
Website means the website located at ww.onward-therapeutics.com.
Onward means Onward Therapeutics SA, a company organized under the law of Switzerland, with its registered office at Route de la Corniche 4, bat. Lysine, Switzerland, registered with the UID/IDE n° n° CHE-304.676.764, The terms "we", "us", "our" used in this Policy refers to Onward.
COOKIES POLICY
What are cookies?
A cookie is a small text file (often including a unique identifier), that is sent to a user’s browser from a website's computer (a Cookie) and stored on a user’s computer's hard drive or on a tablet or mobile device (collectively, Device). A Cookie stores a small amount of data on your Device about your visit to the Website.
We place and access Cookies on your Device; these Cookies are known as "first-party Cookies". Some Cookies are "session Cookies", which means that they are temporary Cookies that are only stored on your device while you are visiting our Website. Other Cookies are "persistent Cookies," which means that they are stored on your device for a period of time after you leave our Website. We do not place so-called third-party Cookies.
Unless indicated otherwise, the terms and expressions starting with a capital letter shall have the meaning ascribed to such term in our Privacy Policy [www.onward-therapeutics.com/policy].
What Cookies do we use?
Solely Analytics Cookies are used on the Website that you are visiting and we may use Preference Cookies.
Analytics Cookies collect information about your use of the Website and enable us to improve the way it works. For example, Analytics Cookies show us which are the most frequently visited pages on the Website, help us record any difficulties you have with the Website. Analytics Cookies allow us to see the overall patterns of usage on the Website, rather than the usage of a single person. We use information from Analytics Cookies to analyze the Website traffic, but we do not examine this information for individually identifying information.
Cookie : Google Analytics cookies
Description : Google Analytics Cookies collect information about your use of the Website and enable us to improve the way it works.
Duration : Additional information on Google Analytics are available here. Please also refer to section 6 of our Privacy Policy.
up to 6 months
Preference Cookies allow our Website to remember choices you make when you use our Website, such as remembering the choices you make on our Website (ex. selected language). The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Website.
To the extent any Personal Data is collected through first-party Cookies, our Privacy Policy [www.onward-therapeutics.com/policy] applies and complements this Cookie Policy. Personal information collected through a third-party Cookie is subject to the privacy policy of that third party, and not our Privacy Policy.
How long will Cookies stay on your browsing device?
The length of time a Cookie will stay on your browsing device depends on whether it is a "persistent" or "session" Cookie. Session Cookies will only stay on your Device until you stop browsing. Persistent Cookies stay on your browsing device until they expire or are deleted.
How can I disable Cookies?
Most web browsers allow some control of most Cookies through the browser settings. To find out more about Cookies, including how to see what Cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.
Find out how to manage Cookies on popular browsers:
• Google Chrome
• Microsoft Edge
• Mozilla Firefox
• Microsoft Internet Explorer
• Opera
• Apple Safari
To find information relating to other browsers, visit the browser developer's website.
To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.
If you do not accept our Cookies, you may experience some inconvenience in your use of our Website and some features of the Service may not function properly. For example, we may not be able to recognise your computer or mobile device and you may need to log in every time you visit our Website.