Privacy Policy

Last modified: June 24, 2020

NantKwest, Inc. (“Company”) recognizes the importance of protecting the privacy of information we may receive from visitors to our web site (this “Website”). You may visit our Website without telling us anything about yourself, and our Website only collects such technical information as disclosed in this Privacy Policy. If you contact us and choose to provide personally identifiable information or other personal data, we will utilize it to respond to your inquiry, and as permitted by law and this terms of this Privacy Policy.  This Privacy Policy does not apply to information collected by us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries), or any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is not to use our Website.  By accessing or using this Website, you agree to this Privacy Policy.  This Privacy Policy may change from time to time, as described below.  Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

Medical Advice or Services

The content of the Website is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind.  Further, the Website is not intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease.  You should always seek the advice of a qualified health care professional with any questions or concerns you may have regarding your individual needs and any medical conditions.  Visiting the Website or providing information to the Company, including through any forms provided by the Company, does not create a physician-patient relationship, or any other relationship, between you and Company. Reliance on any information appearing on the Website without further consultation with a health care professional is solely at your own risk.  Further, any information you submit through the Website is not “protected health information” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) nor is it clinical trial data.

Children under the Age of 13

Our Website is not intended for children under the age of 13.  No one under age 13 may provide any information to or on the Website.  We do not knowingly collect personal information from children under 13.  If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, or provide any information about yourself to us, including your name, address, emails, or any user name you may use.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under 13, please contact us at info@NantKwest.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information Please see “Your California Privacy Rights” for more information.

Notification of Changes to This Policy

Company is continually improving and adding new functionality and features to our Website and improving and adding to our existing product line, services and programs. Because of these ongoing changes, changes in the law and the changing nature of technology, the Company data practices will change from time to time. If and when our data practices change, Company will post the changes on this page of our website in order to notify you of such changes. These changes to the Privacy Policy will become effective when posted. Unless stated otherwise, our current Privacy Notice applies to all personal data that we have about you. We stand behind the promises we make, however, and will not materially change our policies and practices to make them less protective of personal data collected in the past without the consent of affected individuals. We encourage you to check this page frequently by clicking on the Privacy Policy link on any page of our Website.

Information Collected Through the Website

The only personal information Company currently collects through this Website is the information you send to us when you contact Company with your direct questions and comments through the Contact Us page on this Website, through the Connect with a Clinical Care Coordinator page on this Website, or through other similar pages on the Website where you can contact us.  The information Company collects includes: personal information such as name, postal address, email address, telephone, or any other identifiers by which you may be contacted online or offline; information that is about you but individually does not identify you; and specific information you are requesting that may be related to you and your health.  We also collect records and copies of your correspondence, if you contact us.

Our Website may also send you to a third party website to collect your information on behalf of Company.  Any third-party website to which you are directed will have its own privacy policies and terms and conditions.  Please review the privacy policies and terms and conditions of any third-party website for more details.

Security

Company takes certain precautions to protect our users’ information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices.  We cannot, however, ensure or warrant the security of any information you transmit to Company, and you do so at your own risk.  If Company learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Company may post a notice on the Website if a security breach occurs.  Depending on where you live, you may have a legal right to receive notice of a security breach in writing.  To receive a free written notice of a security breach, or if you have any questions about the security of the Website, please contact us at info@NantKwest.com

Unsecured Email Warning

Please note that any information you send to Company via email is sent via an unsecured email link. Due to the nature of the Internet, there is a possibility that unsecured (unencrypted) email could be intercepted and read by third parties. Company assumes no responsibility for interception of confidential information (including in a resume or CV) that you send in an unsecured (unencrypted) email message.

Use of Personal Data Collected Through This Website

Company uses the information you provide to respond to your e-mail, answer your question,  resolve your problem, or contact you with further information you have requested regarding Company, including information regarding Company’s or its affiliates products and services or information regarding clinical trials sponsored by Company or its affiliates. Company and our affiliates also use this information to help us improve the content and functionality of our Website, to better understand our customers and markets, and to improve our products and services. Company and our affiliates may use this information to contact you in the future to tell you about products or services we believe will be of interest to you or may disclose your information with third parties to market their products or services, or to inform you of clinical trials sponsored by Company or by its affiliates that you have indicated an interest in, if you have not opted out of these disclosures. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications.

Anonymous Data Collected Through This Website

In addition to the information you provide when you use our Website, Company uses technology to collect anonymous information about the use of our Website. For example, we use technology to track how many visitors access our Website, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine which Web browsers our visitors use and the address from which they accessed our site (for example, if they connected to this Website by clicking on our link from another website). This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our Website. Company and our affiliates use this anonymous data and share it with third parties to improve the content and functionality of our Website, to better understand our customers and markets, and to improve our products and services.

Cookies

In order to collect the anonymous data described in the preceding paragraph, Company may use temporary “cookies” that collect the first level domain name of the user (for example, if your email address is “fred@123.com,” the cookie collects the “123.com” portion of your email address) and the date and time you accessed this Website. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive. Cookies keep track of non-personal information such as the URL that you came from and go to next, your navigation through the Website (for example, the advertisements that you click on), the browser and operating system that you use, and your IP address. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. At the present time, Company only uses temporary or “session” cookies. These cookies expire when your browser window is closed.

Contact us at info@NantKwest.com for information on how you can opt out of behavioral tracking on the Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

Disclosure of Your Personal Data

Company may share personal data collected through this Website with our affiliates, who will only use this data in accordance with this Privacy Policy.  Both Company and our affiliates may share personal data collected through this website with third-party vendors who act for or on behalf of Company or our affiliates, for example, companies that provide support services to us, including data processing services, or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose. In addition, there may be some other, limited circumstances in which Company or our affiliates may share or transfer the personal data in our databases, for example, to comply with a legal requirement, to enforce the Terms and Conditions governing the use of this Website, to protect your interests, in the event of a corporate sale, merger, reorganization, dissolution or similar event, or to third parties to market their products or services to you if you have not opted out of these disclosures.  California residents may have additional personal information rights and choices.  Please see “Your Privacy Rights” for more information.  Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to info@NantKwest.com.

Link to Other Sites

This Privacy Policy applies only to Company. Company and our affiliates operate many different types of websites for different purposes and in different countries where different laws may apply. If you visit one of our affiliates’ Website, please take a moment to review the privacy policy posted on that site to learn what personal data may be collected through that site and how it is processed. This Website contains hyperlinks to websites that are not operated by Company or one of our affiliates. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party Websites or any association with their operators. Company does not control these Websites and is not responsible for their data practices. We urge you to review the privacy policy posted on any Website you visit before using the site or providing any personal data about yourself.

Your California Privacy Rights

California residents may have additional personal information rights and choices.  To learn more about your California privacy rights, visit CCPA NOTICE

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their marketing purposes.  To make such a request, please send an email to info@NantKwest.com.

Governing Law

This Privacy Policy forms part of our Website Terms and Conditions and as such shall be governed by and construed in accordance with the laws of the State of Delaware as further provided in the Terms and Conditions.

Questions About Our Privacy Policy

If you have any questions about this Privacy Policy or concerns about the way Company processes your personal data, please contact us at info@NantKwest.com

Privacy Notice for California Residents

Effective Date: June 24, 2020

This Privacy Notice for California Residents supplements the information contained in NantKwest, Inc.’s (the “Company”)  Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

Our website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include: publicly available information from government records; deidentified or aggregated consumer information; or information excluded from the CCPA’s scope, like health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”) or clinical trial data.

In particular, our website has collected the following categories of personal information from its consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

 

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Our Website collects the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete when you contact us.
  • Indirectly from you. For example, from observing your actions on our Website.
  • Directly from you, as submitted to a third-party collecting your information on our behalf. For example, from forms you complete when directed by our Website to a third-party website.

Use of Personal Information

We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question, we will use that personal information to respond to your inquiry. If you share your information in a request for further information on clinical trials sponsored by Company or by Company’s affiliates or other services or products, we will use or disclose that personal information to contact you and to provide you with additional information regarding the clinical trial, service, or product.
  • To provide, support, personalize, and develop our Website.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see “Personal Information Sales Opt-Out and Opt-In Rights”). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category F. Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Affiliates and clinical providers in connection with Company-sponsored clinical trials.
  • Service providers and third-party vendors.

Sales of Personal Information

In the preceding twelve (12) months, Company has not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights”), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights”), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Take actions reasonably anticipated within the context of an ongoing business relationship with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

Phone: 1-844-696-5235

Email: info@NantKwest.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see “Personal Information Sales Opt-Out and Opt-In Rights.”

Phone: 1-844-696-5235

Email: info@NantKwest.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see “Personal Information Sales Opt-Out and Opt-In Rights.”

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

Do Not Sell My Personal Information

You may also make an opt-out request by:

Phone: 1-844-696-5235

Email: info@NantKwest.com

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by emailing info@NantKwest.com.

We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which the Company collects and uses your information described and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, contact us at:

Phone: 1-844-696-5235

Email: info@NantKwest.com