Replay

Replay Privacy Notice

    Last Updated: July 24, 2022

    Replay Holdings LLC (“Replay”, “we”, “us”, or “our”) is committed to respecting your privacy. This Privacy Notice (the “Privacy Notice”) explains our practices regarding the collection, use, and disclosure of information that you (“you” or “users”) may provide to us through your use of our website located at www.replay.bio and any of our other web pages that link to this Privacy Notice (collectively, our “Website”).

    If you have entered into a separate agreement with us that relates to our Website, that separate agreement shall control, and only those terms within this Privacy Notice that do not conflict with such separate agreement shall apply. This Privacy Notice does not affect any other privacy notices that we have provided to you (such as privacy information included in an informed consent form if you are participating in a clinical study of one of our investigational drug products). This Privacy Notice does not cover information we receive from third parties. If you have any questions regarding this Privacy Notice, please contact us at legal@replay.bio.

    By accessing the Website, you agree to be bound by this Privacy Notice. If you do not agree to the terms of this Privacy Notice, please do not use the Website. Each time you use the Website, the current version of this Privacy Notice will apply. Accordingly, when you use the Website, you should check the date of this Privacy Notice (which appears at the top) and review any changes since you last reviewed the Privacy Notice.

    Information We Collect

    We collect two types of information from or about users of our Website: “Personal Information,” which is information that you may provide that can be used to identify you directly or indirectly (such as your name, email address, etc.), and “Aggregate Information,” which is information that cannot be used to identify you (such as frequency of visits to the Website, browser type, etc.). When we collect or create Aggregate Information, it is not linked to your Personal Information.

    INFORMATION YOU PROVIDE TO US

    We collect Personal Information that you voluntarily provide to us when you use our Website. For example, you may provide us with your contact information such as your email address, first name and last name, inquiry type, the content of your message, or other Personal Information when you choose to submit such information to us through email or other method.

    INFORMATION WE AUTOMATICALLY COLLECT

    When you use our Website, we automatically receive and collect information about you and your device. This information includes the following:

    • Information about your device, such as the operating system, hardware, system version, Internet Protocol (IP) address, device ID, and device language.
    • The specific actions that you take when you use our Website, including but not limited to the pages and screens that you view or visit, search terms that you enter, and how you interact with our Website.
    • The time, frequency, connection type, and duration of your use of our Website.
    • Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message.
    • Identifiers associated with cookies or other technologies that may uniquely identify your device or browser (as further described below).
    • Pages you visited before or after navigating to our Site.

    EMPLOYMENT

    If we have collected your Personal Information through our “Careers” page in response to a job opening, you are giving us permission to use and retain your information for the purpose of evaluating your application for employment consideration for the specific position that you applied to, as well as other roles at Replay. This Personal Information may be processed and stored by a third party talent tracking solution provider as well as with vendors, consultants, and other service providers who need access to such information to carry out work relating to the recruitment process on our behalf.

    COLLECTION OF PERSONAL INFORMATION BY THIRD PARTIES

    Some links on our Website may redirect you to third-party websites that we do not operate, which may include social media features, such as LinkedIn or Twitter buttons or links. The privacy practices of those websites will be governed by their own policies. We make no representation or warranty as to the privacy practices or policies of any third parties, including the providers of third-party applications. If you are submitting information to any such third-party through our Website, you should review and understand that party’s applicable policies, including their privacy policies, before providing your information to the third-party.

    AGGREGATE INFORMATION COLLECTED

    Aggregate Information is information that does not identify you. Aggregate Information may be collected when you use our Website, independent of any information you voluntarily enter. Additionally, we may use one or more processes to de-identify information that contains Personal Information, such that only Aggregate Information remains. We may collect, use, store, and transfer Aggregate Information without restriction.

    USE OF “COOKIES”

    Like most websites, our Website may use “cookies.” Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to help us identify you when you come to our Website. You have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you may be unable to use those aspects of our Website that require registration in order to participate. You can learn more about cookies and how they work at www.allaboutcookies.org. You can always disable cookies through your browser settings. Doing so, however, may disable certain features on our Website. We only use the following cookies:

    • Necessary Cookies: these are cookies that are required for the operation of the Website, such as to enable you to log into secure areas and storing your session information.
    • Performance Cookies: these cookies are used to collect information about how you use our Website, monitor the performance of the Website, and help us improve our Website and your experience (see “Analytics”).

    Generally, necessary cookies and performance cookies only last until you close the browser (these are known as “session cookies”).

    Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser. ANALYTICS Our Website uses Google Analytics to provide insight into our website, and to improve the relevance of advertisements you receive. If you would like to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/.

    How We Use Your Information

    In general, we collect Personal Information and other information from you so that we can provide our Website, operate our business, and provide information that you request from us. This includes the following uses and purposes:

    • Provide, operate, improve, maintain, and protect our Website.
    • Monitor and analyze Website trends and usage.
    • Enhance or improve user experience, our business, and our Website, including the safety and security thereof.
    • Communicate with you and respond to inquiries.
    • As necessary to comply with any applicable law, regulation, subpoena, legal process, or governmental request.
    • Enforce our Terms of Use, including investigation of potential violations thereof.
    • Detect, prevent, or otherwise address fraud, security or technical issues.
    • Protect against harm to the rights, property or safety of Replay, our users, or the public as required or permitted by law.

    Sharing of Personal Information with Third Parties

    We do not rent or sell your Personal Information.

    Like most companies, we share information, including Personal Information, in certain circumstances with third parties through operation of our Website and our business. Below we explain when that happens.

    SERVICE PROVIDERS

    We may transfer Personal Information to third parties for the purpose of providing the Website or operating our business. For example, we may transfer your Personal Information to third-party service providers to assist with providing the Website and other Website, and to communicate with you about current or future offerings.

    REQUIRED TRANSFERS

    We may also transfer your Personal Information to third parties under the following circumstances: (i) to obtain legal advice or comply with a legal requirement, law, subpoena, judicial proceeding, court order, governmental request, or legal process; (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, asset sale, financing, reorganization, liquidation or dissolution of Replay, including in the evaluation thereof; (iv) when we believe it is necessary to protect the rights, property, or safety of Replay or other persons, or (v) as otherwise required or permitted by law, including any contractual obligations of Replay.

    AS DIRECTED BY YOU AND WITH YOUR CONSENT

    Except as otherwise provided in this Privacy Notice, we share Personal Information with companies, organizations or individuals outside of Replay only at your direction or when we have your consent to do so.

    Children and Privacy

    Our Website is not intended to be used by children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16 in connection with the Website.

    How Do We Protect Your Information

    We take the security of your Personal Information very seriously. We use reasonable administrative, physical, and technical safeguards to secure the Personal Information you share with us. Despite these safeguards and our additional efforts to secure your information, we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your Personal Information.

    Transfer of Personal Information Outside of the United States

    Your Personal Information may be stored and processed in any country in which we engage service providers, including to countries outside of the location(s) of your business. Where such transfers of your personal information are made, they will be made in accordance with applicable law.

    International Visitors – General Information

    Our website is hosted in the United States. If you use this website from the United Kingdom, European Union or other regions of the world with laws governing data collection and use that may differ from United States law, then please note that by sending an email or other communication containing personal information or by providing personal information through our website, you are voluntarily transferring your personal information outside of those regions to the United States.

    Information for visitors from the European Economic Area, Switzerland and the United Kingdom

    Name of data controller and contact details

    Replay Holdings LLC
    5555 Oberlin Drive, Suite 120 San Diego, CA 92121
    858-859-2610 info@replay.bio

    Purposes of the processing

    The purposes of the processing are described in the section of this Privacy Notice entitled How We Use Your Information.

    Lawful basis for the processing

    Generally, we process personal data on the basis that the processing is necessary for purposes of our legitimate interest in conducting our business in a manner typical in the US life sciences industry, having taken into account any risks to your fundamental rights and freedoms (including your right to privacy).

    We also may process personal data on other bases permitted by the EU General Data Protection Regulation (“GDPR”), the UK Data Protection Act 2018 and other applicable laws, such as when the processing is necessary for us to comply with our legal obligations.

    The legitimate interests of the controller or third party, where applicable

    Our specific legitimate interests, such as responding to your requests, comments and questions, providing you with support and improving the website, are described in the section of this Privacy Notice entitled How We Use Your Personal Information,

    The categories of personal data concerned

    The categories of personal data that we process are described in the section of this Privacy Notice entitled Information We Collect.

    The recipients or categories of recipients of the personal data

    The potential recipients of the personal data that we collect via the website are described in the section of this Privacy Notice entitled Sharing of Personal Information with Third Parties.

    Information regarding the transfers of personal data outside of the European Economic Area (EEA), Switzerland and the United Kingdom (UK)

    Replay Holdings LLC is headquartered in the USA. The laws of the USA have not been deemed by the European Commission, the United Kingdom or Switzerland to provide an adequate level of protection to personal data. When you provide your personal data to us via the website or contact us by email, you are providing your personal data directly to the USA. Before you provide your personal data to us via the website, we request your explicit consent to the transfer of your personal data to the USA. When you email us, the fact that you have chosen to email us knowing that we are located in the USA will be understood to constitute your express consent to the transfer of the personal data in your email (including your email address) to the USA. Regardless of the differences in US and European privacy laws, we safeguard your personal data as described in this Privacy Notice. If we transfer your personal data to a third party, we require the third party to commit contractually to process your personal data only in ways that are consistent with this Privacy Notice.

    The period for which the personal data will be stored, or the criteria for determining the retention period

    How long we retain personal data varies according to the type of data in question and the purpose for which it is used. We delete personal data within a reasonable period after we no longer need to use it for the purpose for which it was collected or for any subsequent purpose that is compatible with the original purpose. This does not affect your right to request that we delete your personal data before the end of its retention period. We may archive personal data (which means storing it in inactive files) for a certain period prior to its final deletion, as part of our ordinary business continuity procedures.

    Your rights to access, correct, restrict or delete your personal data and object to processing

    You have the right to request access to your personal data, to have your personal data corrected, restricted or deleted, and to object to our processing of your personal data. Your rights may be subject to various limitations under the GDPR. If you wish to exercise any of these rights, or if you have any concerns about our processing of your personal data, please contact us in any of the ways listed in the section entitled How to Contact Us. The GDPR’s data portability rights are not relevant to the kinds of processing that we do.

    The right to lodge a complaint with a supervisory authority

    You have the right to file a complaint concerning our processing of your personal data with your national (or in some countries, regional) data protection authority. The EU Commission has a list here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

    See www.ico.org.uk for information about contacting the UK Information Commissioner’s Office.

    See www.edoeb.admin.ch/edoeb/en/home.html for information about contacting the Swiss Federal Data Protection and Information Commissioner.

    Statutory or contractual requirement or other obligation to provide any personal data

    Users of the website are under no statutory or contractual requirement or other obligation to provide personal data to us via the website.

    Privacy Notice Updates

    Each time you use our Website the current version of this Privacy Notice will apply. When you use our Website, you should check the date of this Privacy Notice (which appears at the top of the Privacy Notice) and review any changes since the last version. Our business changes frequently and this Privacy Notice is subject to change from time to time.

    How to Contact Us

    To contact us with your questions or comments regarding this Privacy Notice or our privacy practices in general, please email us at legal@replay.bio.

    Replay Holdings 5555 Oberlin Drive, Suite 120 San Diego, CA 92121 Phone: 858-859-2610