Terms of Use - Oncoverity

Legal Statement

OncoVerity, Inc. and its affiliates or subsidiaries (together, “OncoVerity,” “we,” or “the Company”) websites (“OncoVerity Sites” or “Sites”) are copyrighted websites that are intended only for users who reside in the United States of America and who are 18 years of age or older. THORUGH YOUR ACCESS OR USE OF THE SITES, YOU AGREE (ON BEHALF OF YOURSELF OR THE LEGAL ENTITY YOU REPRESENT) THAT YOU HAVE READ, UNDERSTOOD, AND CONSENT TO BE BOUND BY THE TERMS OF THIS LEGAL STATEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITES. YOU FURTHERMORE AGREE TO BE BOUND TO THE REQUIREMENT OF THE USE OF ARBITRATION (HEREINBELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY TRIAL OR CLASS ACTIONS, AND YOU ALSO AGREE TO THE LIMITATION OF REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

This legal statement includes:

Terms of use
Privacy notice

Accessing the Site

OncoVerity Sites are available to you as a resource for general information about the Company, which includes the content, materials, and other information. OncoVerity makes reasonable efforts to ensure that the information provided on our Sites is complete and accurate when posted. OncoVerity, however, makes no warranties or representations as to the completeness or accuracy of the information presented. Further, OncoVerity does not undertake any obligation to update any information that may change after posting. Unless it is indicated otherwise, all future releases of the Sites are subject to these Terms. You acknowledge and agree that OncoVerity has no obligation to provide any support or maintenance to you in connection with your access or use of the Sites.

OncoVerity reserves the right, at any time, to change, modify, suspend, or discontinue the Sites or any part of the Sites at any time and without notice to you. By accessing and using the Site, you agree that the Company waives all liability, to the fullest extent permitted by law, to you or any third party for any changes, modifications, suspensions, or discontinuation of the Sites or any part of the Sites. You are bound by any such revision. Please visit the Sites regularly for the most up-to-date version of the Sites.

The Sites, including any medical information contained on the Sites, are intended for informational purposes only. The OncoVerity Sites and the information contained on the Sites are not a substitute for professional medical advice, diagnosis, or actual medical care. You should contact your local healthcare provider if you have health related questions or require a diagnosis or treatment. You should NOT rely on the information and materials on the Sites when deciding on a treatment plan, therapy, or any other medical decision. PLEASE refer to your doctor as the best resource for medical advice and information.

The information on the OncoVerity Sites is not intended and should not be construed as an offer to sell securities.

Use of Content

The Sites are owned and operated by OncoVerity. The information maintained on the OncoVerity Sites, including but not limited to materials, information, images, photographs, videos, logos, graphics, icons, software, and other content (the “Content”), are the exclusive property of OncoVerity and its licensors. All Content is protected under copyright, trademark, and other laws. Subject to these Terms, OncoVerity grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Sites for your own personal, non-commercial usage, provided you keep intact all copyright and other proprietary notices. You assume all responsibility for such use. Use of the Content for any other purpose is a violation of OncoVerity’s copyright and other proprietary rights and a breach of the Terms.

You warrant and represent that your use of the Sites is for lawful purposes only and that your access or use of the Sites complies with applicable laws and regulations. OncoVerity prohibits the use of the Sites for, and you warrant and represent that you will not: (i) use any device, software, or other interface to interfere or attempt to interfere with the functionality, security, and Content of the Sites; (ii) license, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Sites; (iii) cause or impose an unreasonably large load on the Site’s infrastructure; (iv) modify, make derivative works of, disassemble, decipher, decompile, reverse engineer or reverse compile any part of the Site, the Content or any of the software comprising or in any way making up any part of the Sites, or attempt to do the same; (v) post, upload, or distribute any Content or other information that is defamatory, libelous, unlawful, or that a reasonable person could deem embarrassing, harassing, hateful, indecent, objectionable, pornographic, profane, threatening, or otherwise inappropriate; (vi) access the Sites to build a similar or competitive website, product, or service; (vii) conduct any fraudulent activities, including but not limited to impersonating any person or entity, claiming a false affiliation, or falsifying your age or date of birth; and (viii) except as stated herein, no part of the OncoVerity Sites may be copied, reproduced, distributed, republished, modified, uploaded, posted, transmitted, or distributed in any way without prior written authorization of OncoVerity. All copyright and other proprietary notices on the Sites, including those related to the Content, must be retained on all copies.

By accessing and using the Sites, you agree that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in and on the Sites and the Content are owned by OncoVerity and its licensors or third-party partners. Nothing in these Terms, on the Site, or in the Content confer onto you or any third party any rights, titles, or interest in or to such intellectual property rights, except as otherwise stated herein these Terms. OncoVerity, its Licensors, and third-party partners reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

The Site and the Content may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from OncoVerity, or any products utilizing such data, in violation of the United States export laws or regulations.

Further Restrictions on Use of Materials

For the purposes of these Terms of Use, the access or use of the Site and the Content, or any changes or modifications to the Site or the Content is prohibited without express written permission from OncoVerity. You may not copy or adapt any Content to generate any other website, document, or other materials without OncoVerity’s express, written consent. The code utilized on the Sites is also protected by copyright and other laws.

We comply with the Digital Millennium Copyright Act (“DMCA”), as applicable to Internet service providers (17 U.S.C. §512, as amended). If believe that your intellectual property rights have been violated or have an intellectual property right-related complaint about Content posted on the Sites, you may contact us at the following address with a notice in accordance 17 U.S.C. §512, as amended:

OncoVerity, Inc.
ATTN: Legal
12635 E. Montview Boulevard

Aurora, Colorado 80045
Email: info@oncoverity.com

OncoVerity reserves the right to reject any notice that does not contain all requirements of 17 U.S.C. §512.

Submissions

The OncoVerity Sites are not intended to and do not enable users to post or share information on the Sites. OncoVerity is happy to hear from You and welcomes your comments regarding OncoVerity’s work or the Content. We can be contacted through our “Contact Us” page/form or by emailing us at any of the email addresses provided on the Sites, including but not limited to info@oncoverity.com. It is against OncoVerity’s company policy, however, to accept or consider confidential or creative ideas, suggestions, input, inventions, notes, drawings, concepts, materials, or other information (collectively “Information”) unless specifically requested in writing by an authorized officer of OncoVerity. If you independently send us any Information, it will be treated as, deemed and will remain, the sole and exclusive property of OncoVerity. By sharing Information with OncoVerity, You hereby grant OncoVerity an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free, sublicensable, and worldwide license to use, exploit, sublicense, and sell the Information in any manner and for any purpose, including to improve the Sites, developing our products, and creating services. By sharing Information, you agree that none of the Information is subject to any obligation of confidence on the part of OncoVerity and OncoVerity is not and will not be liable for any use or disclosure of any Information. Without limiting the foregoing, OncoVerity has exclusive ownership of all now known or existing rights to the Information and is entitled to unrestricted use of the Information for any purpose whatsoever, including but not limited to commercial or otherwise, without any compensation to You or and other provider of the Information.

Investors

The OncoVerity Sites contain forward-looking statements related to OncoVerity’s activities, operations, financial state, conditions, prospects, products, research, plans, and strategies. These forward-looking statements are based on estimates and projections about our industry, management’s beliefs, and certain assumptions made by our management. These statements are subject to specific factors, internal and external, that may cause OncoVerity’s plans or results to differ from those expected or projected, including, without limitation, our ability to successfully complete preclinical or clinical development of our products and/or the results of such preclinical or clinical development; delays in the results of clinical trials or unexpected results that are not predictive of safety and efficacy results for OncoVerity’s products in the diseases studied or other diseases; decisions by regulatory authorities regarding marketing approval or material restrictions, limitations, or obligations on marketing of OncoVerity’s products; delays in arranging satisfactory manufacturing capabilities and establishing commercial infrastructure; the risk that third party payors (including governmental agencies) will not reimburse for the use of OncoVerity’s products at acceptable rates or at all; the risk that estimates regarding the number of patients is inaccurate; our ability to expand the use of our product in other indications; the risk that acquisitions, mergers, or partnerships will not result in short-term or long-term benefits; the risk that third parties will not agree to license any necessary intellectual property to OncoVerity on reasonable terms or at all; and other risks set forth from time to time in OncoVerity’s filings with the Securities and Exchange Commission. OncoVerity undertakes no obligation to update any of these forward-looking statements, unless required by applicable law.

Links/Third Party Content

This website may include links to third-party websites, including unaffiliated third-party websites. These third-party websites are not under OncoVerity’s control, and any links are provided strictly for your convenience. OncoVerity accepts no liability or responsibility for your use of the links or for the accuracy, usefulness, currency, completeness, availability, legality or reliability of such third-party websites or their content, products, or services that may be obtained from these third-party websites, nor do we represent, warrant, or endorse such websites. Your use of these links is at your own risk. All third-party trademarks used on our website are the property of their respective owners and are used for reference purposes only. You may not create a link to this Site from another website or document without OncoVerity’s prior written consent.

Indemnification

You agree to indemnify and hold harmless OncoVerity (its affiliates, directors, officers, employees, licensors, licensees, collaborators, representatives, agents, and successors) from and against any and all claims, losses, liabilities, damages, demands, and expenses (including reasonable costs, attorneys’ fees and witness fees and costs) made by any third party arising out of, resulting from or connected with: (a) your access or use of the Sites or the Content; (b) your violation of any portion of these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property, confidentiality, or privacy, in connection with your access or use of the Sites; or (d) any dispute or issue between you and any third party in connection with your access or use of the website. OncoVerity reserves all and any rights, at your expense, to assume the exclusive defense and control of any matter in which you are required to indemnify OncoVerity, and you agree to use your best efforts to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of OncoVerity.

Disclaimer

The Sites are for informational purposes only and no Content or information contained on the Sites should be used diagnosing a health or fitness problem or disease. OncoVerity disclaims all and makes no warranties or representations as to accuracy of any Content or information on the Sites. OncoVerity disclaims all and assumes no liability or responsibility for any errors or omissions in the Content or information on the Sites. OncoVerity has not reviewed all the websites, including any third-party websites, that may be linked to its Sites and is not responsible for the content of any other websites, webpages, or any other sites linked to these Sites. ANY USE OF OR RELIANCE ON THE CONTENT IS AT YOUR SOLE RISK. THE CONTENTS ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONCOVERITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONCOVERITY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR AVAILABLE IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONCOVERITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, OR RELIABILITY. IN NO EVENT WILL ONCOVERITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR ABILITY OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Arbitration and Dispute Resolution

By accessing and using the Sites, OncoVerity and you agree that all disputes that cannot be resolved informally or through small-claims court in connection with these Terms will be resolved by binding arbitration, which is a less formal legal proceeding than a lawsuit in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to extremely limited review by a court. This agreement to arbitrate (“Arbitration Agreement”) disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Unless otherwise agreed to, all Arbitration proceedings will be held in English. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, ONCOVERITY AND YOU ARE EACH WAIVING THE CONSTITUTIONAL AND STATUTORY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. In the event any litigation should arise between OncoVerity and you in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, ONCOVERITY AND YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ONCOVERITY AND YOU AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Further, unless both OncoVerity and you agree otherwise, the arbitrator may not consolidate more than one person’s claims and the arbitrator may not otherwise preside over any form of a representative or class proceeding.

Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) that describes the basis and the nature of the claim or dispute, as well as the requested relief. After the Notice is received, OncoVerity and you may attempt to resolve the claim or dispute informally. Notwithstanding the above, nothing in these Terms will be deemed to waive, restrict, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief to aid arbitration from a court of competent jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim. If OncoVerity and you cannot resolve the claim or dispute within thirty (30) days after the Notice is received or a period of time mutually agreed upon by the parties, either party may begin arbitration proceedings. If OncoVerity or you pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules (defined hereinbelow) for the pertinent claim. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Any arbitration between OncoVerity and you will be initiated and settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in these Terms. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The rules of the ADR Provider will govern all aspects of arbitration, including the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at (800) 778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes in which the total award amount sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total award amount sought is over Ten Thousand U.S. Dollars (US $10,000.00), the right to a hearing will be determined by the AAA Rules. Any arbitration will be held in a location within 100 miles OncoVerity principal place of business, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time, and place of any hearings or proceedings. Any judgment or award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the dispute is finally resolved through arbitration in your favor, OncoVerity will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; or (ii) $2,500.00.
Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Any Notice to OncoVerity can be sent to:

OncoVerity, Inc.
ATTN: Legal
12635 E. Montview Boulevard

Aurora, Colorado 80045
Email: info@oncoverity.com

If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse OncoVerity for all costs that are otherwise your obligation to pay under the AAA Rules. The arbitrator must render a reasoned, written decision sufficient to explain the essential findings and conclusions on which any decision and/or award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment, reimbursement of fees or expenses or grant of non-monetary remedy or relief under applicable law, the AAA Rules, and the Terms at any time during the proceeding or, upon request from either party, within ten (10) business days of the arbitrator’s ruling on the merits. The arbitrator has the same authority to award relief individually as a judge in a court of law would have. The award of the arbitrator is final and binding upon OncoVerity and you. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Agreement will continue in full force and effect. Either party may waive any or all the rights and limitations set forth in this Arbitration Agreement. Such a waiver will not waive or affect any other portion of this Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with OncoVerity.

Jurisdictional issues

The OncoVerity site and its contents are intended for users in the United States and intended to comply with the laws and regulations in the United States, without regard to the conflict of law provisions thereof. OncoVerity makes no representation that Content is appropriate or available for use in other locations. By continuing use of the Sites, you are affirmatively consenting that your access and use hereof will be governed by the applicable State of Colorado and United States laws, excluding their conflict of law provisions. In the event of any dispute between us relating to these Terms or your access or use of the Sites, such dispute will be governed and construed in accordance with the laws of the State of Colorado, USA, without giving effect to any conflicts of laws principles. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. OncoVerity reserves the right to limit the provision of any product or service to any person, geographic region, or jurisdiction and to limit the products or services that we provide.

Termination

These Terms are effective until terminated by either party. You may terminate your agreement at any time by destroying all Content, materials or other information obtained from all OncoVerity Site(s) and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. These Terms will terminate immediately without notice from OncoVerity if in OncoVerity’s sole discretion you fail to comply with any part or portion of the Terms. Upon termination, you must destroy all Content obtained from any and all other OncoVerity Site(s) and all copies thereof, whether made in accordance with the Terms or not. The Terms of Use set forth for the Sites will survive such termination, including without limitation the paragraphs headed “Use of Content,” “Restrictions on Use of Materials,” “Investors,” “Submissions,” “Arbitration and Dispute Resolution,” “Indemnification,” “Jurisdictional Issues,” “Termination,” and “Disclaimer.”

Severability

If any of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms will remain in full force and effect. If any provision of these Terms is held invalid or unenforceable only in part or degree, the remainder will continue in full force and effect to the extent not held invalid or unenforceable.

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without the Company’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

General

These Terms of Use and the Privacy Notice comprise the entire agreement between us with respect to the subject matter contained herein and supersede all prior discussions or agreements between us with respect to such matters.

Trademark and copyright information

The use or misuse of these trademarks, copyrights, or other materials is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.

ONCOVERITY PRIVACY NOTICE

To review our Supplemental Consumer Privacy Notice for residents of applicable U.S. States, please see below.

OncoVerity takes the privacy and security of personal information, including information related to our patients, their caregivers, healthcare professionals, our employees, Site users, investors, and other third parties (“Personal Information”), seriously.

In this Privacy Notice, OncoVerity describes our customary practices regarding how we, as a controller, collect, disclose, retain, use, and otherwise process (“Process”) Personal Information. Personal Information does not include, and this Privacy Notice does not apply to, aggregate information or information that has been de-identified or anonymized in accordance with applicable law. Any specific privacy notice will be delivered to the data subjects for that specific purpose(s). This is a notice of our privacy practices; it does not create any agreement between the parties.

In this Privacy Notice, we share the following information:
Collecting and Obtaining your Personal Information
Our Purpose for Processing your Personal Information
Who we Share your Personal Information With Use of Cookies and Similar Technology
Data Subject Rights
Transfers of your Personal Information
Securing your Personal Information
Retaining Your Personal Information
Personal Information related to Minors
Third-Party Resources
Updates to this Privacy Notice
Contact Us
Collecting and Obtaining your Personal Information

We may collect or obtain Personal Information:

Directly from you or someone acting directly on your behalf
From your healthcare provider (“HCP”), including hospitals, clinics, doctors, and other HCPs
From contract research organizations (“CROs”) or clinical research investigators (“PIs”)
From industry and patient advocacy organizations (“PAOs”)
From third party service providers, business partners, and data aggregators
From government authorities or public sources
Through our Sites or social media
Automatically through cookies, or other technologies (explained more below)

Our Purpose for Processing your Personal Information and the types of Personal Information we Use

We Process Personal Information for the following business, commercial, and operational purposes (If applicable laws require a “legal basis” to Process Personal Information, we indicate our legal bases applicable for only for those jurisdictions. The legal bases provided herein do not apply in any jurisdictions not requiring such.):

With your consent, or if you are a Minor (explained more below), with your or your parent’s or legal guardian’s consent, to:

Send communication, promotional and other materials (where consent is required under applicable law). You have the right to opt out of communications at any time. We use your contact information, like name, address, email, phone, etc. for this purpose.
Evaluate job candidates, including receiving and reviewing any job applications, obtaining information from external recruiters or websites, talking to references, and performing legally permissible background checks. We use your contact information, employment-related information, education history, demographic information, and medical certificate, if required by local applicable employment law.
Collect information from or about you (where consent is required under applicable law) for internal and external use. We use your contact information, photographs, audio, video, and sensitive information, such as health and medical information and mental and physical characteristics.

Related to contract (including pre-entering a contract) between us:

Hiring you to provide services or partner with you. We may use your contact information and financial information.
Giving donations, grants, and access to products through compassionate use. We may use your contact information, health information, mental and physical characteristics, employment-related information, education history, and demographic information. For access to products through compassionate use, OncoVerity using reasonable efforts to maintain your confidentiality, even from us, as such we rely on your HCP to provide you with any Privacy Notice and provide us with the appropriate limited Personal Information on your behalf.
Other contractual interactions.

Required in accordance with our legitimate interests:

Operating and administration of OncoVerity’s business, including but not limited to supporting safe, responsible, compliant, and ethical business and commercial operations; facilitating quality and safety of our products and research; conducting audits and investigations; managing our financial and other accounts; developing and improving our products; etc. We may use any of the categories of Personal Information, including but not limited to contact information, background information, education history, and photographs, video, and audio information.
Interacting with you when you contact us. We may use your contact information or any other Personal Information you share with us. OncoVerity requests that you do not share any sensitive or health information with us unless we request it under obligations under law.
Identifying potential candidates for recruitment via online or public sources. We may use your contact information, professional or employment-related information, education history, and demographic information.
Operating OncoVerity Sites. We may use Internet and other electronic network activity information, including but not limited to IP (Internet Protocol) address, country or geographic region location, browser type, device type, operating system, dates/times you access our services, browser history, and other information about your interactions with the Sites. We can collect such information through cookies and other tracking technologies, for more information please see our “Cookies and Other Tracking Technologies” section below.
Protecting rights and interests, including but not limited to protecting the health, safety, and security of OncoVerity, its employees, patients, caregivers, HCPs, and the general public; enforcing our legal rights; and pursuing remedies or otherwise taking steps to limit losses and liabilities. We may use your contact information to investigate violations of our contracts or health and medical information in an emergency.

When required by law, for example, by:

Monitoring and reporting pharmacovigilance and product safety, quality, and complaints as part of our clinical research. We may use your contact information, health information, and mental and physical characteristics. We process this personal information only when required by law and as necessary for reasons of public interest in the area of public health.
Complying with transparency requirements. We may use your contact information, employment-related information, and financial information.
Ensuring compliance with applicable laws and regulations. We may use your contact information and financial information.
Responding to legal inquiries, requests, and summons. We may use your contact information, employment-related information, financial information, contractual information, and other information.

Due to the nature of our business, OncoVerity may be subject to a number of legal requirements, thus requiring OncoVerity to Process Personal Information and sensitive information (including health information and mental and physical characteristics) to meet these requirements. When permissible under the law, we will attempt to limit and protection the Processing of your Personal Information to the extent possible, for example, pseudonymizing information, while still complying with our legal obligations.

Who we Share your Personal Information With

OncoVerity may share your Personal information:

With vendors and service providers working on our behalf to provide us with research services, data storage, IT and data security, legal services, etc.
With business partners, including but not limited to research collaborators, co-developers, co-promotors, and co-licensors.
With a third-party related to a business transfer, including but not limited to as part of a sale, assignment, or transfer of an OncoVerity business or assets, or acquisition of or merger with another entity. We may also share your Personal Information in contemplation of such transactions, such as during due diligence.
With government or law enforcement agencies (where required or permitted by applicable laws, court orders, or government regulations).
With third parties to protect rights and interests, including when needed for audits, investigations, or to respond to inquiries/complaints, etc.
With your consent or as directed by you.

Use of Cookies or Similar Technology

At this time, OncoVerity Sites do not leverage any of the following cookies or similar technologies:
Cookies and other tracking technologies can be used for the following purposes:

Cookies: A cookie is a small block of data placed, and sometimes stored, on your computer when you access certain websites. Your browsers may be set-up to automatically accept cookies, however, you can change your browser settings at any time to deny all cookies or specific types of cookies. Please note that if you deny certain cookies, the websites that you visit might not be fully functional.
Web Beacons: A web beacon allows website providers to see what you have accessed on the website. OncoVerity does not leverage web beacons or pixels for our user interactions with our websites.
Analytics: Website Analytics help measure, collect, analyze, and report on a website’s usage to better optimize and enhance the website or to understand user preferences. To learn more about Google’s privacy practices, please review the Google Privacy Policy. To prevent Google Analytics from using your information for analytics, you can install the Google Analytics Opt-Out Browser Add-on here.

Do Not Track Signals: At this time we do not respond to browser ‘do not track’ signals. Third parties, including our service providers, may collect information about your online activities over time and across different websites, including when you visit the Sites. To learn more about how to exercise your choice regarding the collection of information about your online activities over time and across third-party websites or online services by visiting http://www.aboutads.info/ and http://www.networkadvertising.org/.

Data Subject Rights

Many jurisdictions, including certain U.S. States, afford data subject rights. We comply with any applicable laws permitting data subject rights and will honor requests according to applicable laws. Depending on your jurisdictions, your rights may include the following:

You may opt out of communications from us at any time by following any Unsubscribe or opt-out instructions in the communication, including selecting the unsubscribe link. We may still need to send you important administrative messages even if you opt out of receiving communications.
To the extent provided for under applicable law, you may request access to, correction of, opt-out of, deletion of, restrict, object to, or obtain a portable copy of the Personal Information we process about you. In addition, you may at any time withdraw your consent without any legal effect impacting you at any time by contacting us either at legal@oncoverity.com, however, cannot guarantee that we will be able to provide every right or continue certain activities after respecting your request.
Automated decision making: OncoVerity does not engage in any Automated Decision making.
Contact your Supervisory Authority. You may also have the right to lodge a complaint with your Supervisory Authority, if applicable; available here.

Transfer of your Personal Information

OncoVerity is based in the United States, which may not have the same level of data protection as your country. To comply with legal requirements for data transfers to the United States, we take legally required steps and appropriate safeguards to protect your Personal Information, including but not limited to utilizing data transfer mechanisms permitted under applicable laws such as Standard Contractual Clauses.

Securing your Personal Information

Securing your Personal Information is important to OncoVerity, which is why we maintain privacy and security measures and controls designed to help protect your Personal Information. No security measure, however, is 100% effective and we cannot guarantee total security of your Personal Information. Please take steps to protect yourself, including using and protecting your unique login credentials and passwords, utilizing encryption, personal firewalls, and anti-virus solutions.

Retaining your Personal Information

OncoVerity will retain your Personal Information for as long as necessary to fulfill the purpose for which it was collected unless a longer period is required to comply with applicable laws and regulations. To determine appropriate retention periods, we assess the Personal Information type and nature, the activities involved, our interaction with you, and any other legal obligations.

Personal Information related to Minors

It is not OncoVerity’s intent to Process Personal Information related to individuals under 16 (“Minors”). If we determine that we have or are Processing Personal Information related to Minors, we will seek the consent of their parent or guardian or will take reasonable steps to delete the Personal Information.

Third-Party Resources

We may provide you with links to or information about third-party resources. For example, we provide patients with information about patient advocacy groups, and we provide researchers with links to clinical trial registries. Please note that OncoVerity does not control the privacy policies or practices of such third parties, and we encourage you to review the privacy notices of the third parties with which you interact.

Updates

We may change this Privacy Notice sometimes without notice. Please check back regularly to stay up to date with the most recent version.

Contact Us

OncoVerity, Inc.
ATTN: Legal
12635 E. Montview Boulevard

Aurora, Colorado 80045
Email: legal@oncoverity.com

Last updated on: July 2023

SUPPLEMENTAL PRIVACY NOTICE FOR CALIFORNIA AND CERTAIN OTHER U.S. STATE RESIDENTS

This Supplemental Notice of Privacy Practices (“Supplemental Notice”) describes OncoVerity’s Processing of Personal Information of consumers residing in California and certain other U.S. States.

We do not sell Personal Information as the term “sell” is traditionally understood or defined as a “sale” or “sharing” under applicable California Privacy law. We do not knowingly sell the Personal Information of consumers under 16 years of age.

Collecting and Obtaining your Personal Information

We may collect or obtain Personal Information:
Directly from you or someone acting directly on your behalf
From your healthcare provider (“HCP”), including hospitals, clinics, doctors, and other HCPs
From contract research organizations (“CROs”) or clinical research investigators (“PIs”)
From industry and patient advocacy organizations (“PAOs”)
From third party service providers, business partners, and data aggregators
From government authorities or public sources
Through our Sites or social media
Automatically through cookies, or other technologies (explained more below)

Types of Personal Information we Process

During the last 12-months, we may use the following Personal Information about you (below is not a full accounting of the data related to any category):

Contact information: name, address, email address, phone number, date of birth, and other similar contact information.
Health information: health statistics, tests, results, diseases, symptoms, therapies, medications, patient or research study id, outcomes, barriers to access, insurance information, and dates of service.
Mental and physical characteristics: eye color, height, weight, attitude, and emotions.
Employment information: employer, job title, specialty, employment history, awards and honors, membership in professional organizations, speaking engagements, and affiliations with patient advocacy organizations.
Education history: degrees, level of education attained, institutions attended, majors and areas of study, and grades.
Job candidates and recruitment related information: social security number; government issued identification number; interview information and notes; employment information; employee termination information; race or ethnic origin; credit history; criminal history; immigration status, work permit status; and other appropriate information.
Photograph, audio, or video information.
System Account information: username and password.
Financial information: bank account information, credit card number, and bank accounts.
Inferences: notes about preferences and aptitudes.
Opinions or statements: publicly available social media posts and opinions.
Internet or other electronic network activity information: IP address, country or geographic region location, browser type, device type, operating system, dates, and times you access our services, browsing history, and other information about your interactions with our online services. We collect such information through cookies and other tracking technologies. Please see our “Cookies and Other Tracking Technologies” section below.

Our Purpose for Processing your Personal Information and the types of Personal Information we Use

We Process the Personal Information described above for the following purposes:

Send communication, promotional and other materials (where consent is required under applicable law). You have the right to opt out of communications at any time. We use your contact information, like name, address, email, phone, etc. for this purpose.
Evaluate job candidates, including receiving and reviewing any job applications, obtaining information from external recruiters or websites, talking to references, and performing legally permissible background checks. We use your contact information, employment-related information, education history, demographic information, and medical certificate, if required by local applicable employment law.
Collect information from or about you (where consent is required under applicable law) for internal and external use. We use your contact information, photographs, audio, video, and sensitive information, such as health and medical information and mental and physical characteristics.
Hiring you to provide services or partner with you. We may use your contact information and financial information.
Giving donations, grants, and access to products through compassionate use. We may use your contact information, health information, mental and physical characteristics, employment-related information, education history, and demographic information. For access to products through compassionate use, OncoVerity using reasonable efforts to maintain your confidentiality, even from us, as such we rely on your HCP to provide you with any Privacy Notice and provide us with the appropriate limited Personal Information on your behalf.
Other contractual interactions.
Operating and administration of OncoVerity’s business, including but not limited to supporting safe, responsible, compliant, and ethical business and commercial operations; facilitating quality and safety of our products and research; conducting audits and investigations; managing our financial and other accounts; developing and improving our products; etc. We may use any of the categories of Personal Information, including but not limited to contact information, background information, education history, and photographs, video, and audio information.
Interacting with you when you contact us. We may use your contact information or any other Personal Information you share with us. OncoVerity requests that you do not share any sensitive or health information with us unless we request it under obligations under law.
Identifying potential candidates for recruitment via online or public sources. We may use your contact information, professional or employment-related information, education history, and demographic information.
Operating OncoVerity Sites. We may use Internet and other electronic network activity information, including but not limited to IP (Internet Protocol) address, country or geographic region location, browser type, device type, operating system, dates/times you access our services, browser history, and other information about your interactions with the Sites. We can collect such information through cookies and other tracking technologies, for more information please see our “Cookies and Other Tracking Technologies” section below.
Protecting rights and interests, including but not limited to protecting the health, safety, and security of OncoVerity, its employees, patients, caregivers, HCPs, and the general public; enforcing our legal rights; and pursuing remedies or otherwise taking steps to limit losses and liabilities. We may use your contact information to investigate violations of our contracts or health and medical information in an emergency.
Monitoring and reporting pharmacovigilance and product safety, quality, and complaints as part of our clinical research. We may use your contact information, health information, and mental and physical characteristics.
Complying with transparency requirements. We may use your contact information, employment-related information, and financial information.
Ensuring compliance with applicable laws and regulations. We may use your contact information and financial information.
Responding to legal inquiries, requests, and summons. We may use your contact information, employment-related information, financial information, contractual information, and other information.

Data Subject Rights

Many jurisdictions, including certain U.S. States, afford data subject rights. In addition, the State of California affords consumers have certain additional rights with respect to their Personal Information. You may exercise the rights applicable to you by emailing us at legal@oncoverity.com. At this time, OncoVerity does not reach compliance levels for any applicable U.S. State Consumer Privacy laws, however, we will comply with any applicable laws permitting data subject rights and will honor requests according to applicable laws in the event that any of these U.S. State Consumer Privacy laws become applicable for OncoVerity. Depending on your jurisdictions, your rights may include the following:

You may opt out of communications from us at any time by following any Unsubscribe or opt-out instructions in the communication, including selecting the unsubscribe link. We may still need to send you important administrative messages even if you opt out of receiving communications.
To the extent provided for under applicable law, you may request access to, correction of, opt-out of the sale of, or deletion of the Personal Information we process about you.

Verification: When you make a request, please provide your full name (first and last name), email address, city, and state of residence, and which of the right(s) described above that you are requesting. We will verify your request against our records. We cannot fulfill any unverified or incomplete requests.

We do not and will not discriminate against you for exercising your data subject rights, however, we cannot guarantee that all services and features will be available and will not be impacted because of your request.

You may designate an authorized agent to request data subject rights on your behalf by providing a signed and authenticated letter that identifies (i) your agent and (ii) the purposes for and nature of your appointment of an agent. If you are an authorized agent, you must provide the information described in “Verification” hereinabove about the consumer for which you are acting as an agent, as well as your own full name (first and last name), email address, and a letter, signed by the consumer, that appoints you as their agent. In some instances, we may decline to honor your request if an exception applies under applicable law, however we will respond to your request in compliance with applicable law.

Updates

We may change this Privacy Notice sometimes without notice. Please check back regularly to stay up to date with the most recent version.

Contact Us

OncoVerity, Inc.
ATTN: Legal
12635 E. Montview Boulevard

Aurora, Colorado 80045
Email: legal@oncoverity.com

Last updated on: July 2023