California Privacy Notice

For California Residents

This notice applies to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household such as your real name, alias, postal address, unique personal identifier, online identifier Internet Protocol (IP) address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers (defined in the CCPA as “Personal Information”).

Personal Information does not include:

Publicly available information we obtain from government records,
De-identified or aggregated consumer information,

Information We Collect

We have collected the following categories of Personal Information from consumers within the last twelve (12) months:

Category	Examples	Collected
Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.	Yes
Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, address, telephone number. Some Personal Information included in this category may overlap with other categories.	Yes
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).	Yes
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes
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.	Yes
Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Yes
Geolocation data	State and country location.	Yes
Sensory data	Audio, electronic, visual, or similar information.	Yes
Professional or employment-related information	Current or past job history or performance evaluations.	Yes
Education information	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
Inferences drawn from the above	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Yes

Categories of Sources

We obtain Personal Information provided voluntarily by you when you provide such information directly to us by email, by telephone, or via our websites. We also gather it from written or verbal inquiries submitted by you, surveys, transactions, and from online interactions with you

We also collect information from third parties and publicly available sources, which include data service providers, social media services, advertising and market research firms, joint marketing partners, employers and group plan sponsors, and consumer reporting agencies.

Business Purposes for Collection of Personal Information

Collecting and using Personal Information is necessary to our business as a company that assists women of reproductive potential in order to provide important information regarding Phexxi an innovative, FDA-approved, hormone-free birth control that is only used in the moment to respond to your requests, inquiries and concerns, inform and educate you about our company and events, and for advertising and marketing purposes. It also helps us to confirm your identity for certain transactions you request or that are initiated on your behalf, improve our website user experience, authenticate users, prevent and detect fraud and potential security issues, and fulfill our legal and regulatory obligations.

Disclosures of Personal Information

Your Personal Information may have been disclosed to:

You, your authorized representatives, legal agents, and other persons acting on your behalf or to whom you ask, instruct or authorize us to disclose your Personal Information,
Our contracted service providers who provide a service to or on our behalf, including analytics service providers, technical support, co-pay support, and concierge services and website partners,
Our auditors, consultants, accountants, attorneys and others providing professional advice to Us,
Our affiliates,
Business partners of Evofem,
Applicable governmental, regulatory, supervisory, law enforcement, tax or similar authorities or industry bodies,
Any other person or entity Evofem reasonably thinks customary, necessary or advisable for the business purposes disclosed in our Privacy Policy or to whom Evofem is obliged by applicable law or regulation to make the disclosure,
Any other party where Evofem has obtained your consent or authorization.

Business Purposes for Disclosure of Personal Information

To advertise and market to you, and to consumers who are similar to you,
To perform services on our behalf, including providing customer service, processing, account maintenance, and quality control,
For risk management purposes, identity verification, information security, fraud detection and prevention,
Undertaking internal research, operational efficiencies and improvements, product enhancements, and business development purposes,
In connection with legal proceedings, such as responding to a subpoena or court order,
To demonstrate compliance with our regulatory obligations,
To report tax information to relevant tax authorities
In the event of any planned or actual company reorganization, merger, sale, or transfer, of our business.

Your CCPA Rights

Right to Know

You have the right to request that we disclose certain information to you about our collection of your Personal Information. Such information shall cover the 12-month period preceding our receipt of your request. Upon our receipt of your verified request, we will provide you with the following:

The categories of Personal Information we have collected about you,
The categories of sources from which we have collected your Personal Information,
Our business or commercial purpose(s) for collecting or sharing your Personal Information,
The categories of third parties with whom we have shared your Personal Information, and
The specific pieces of Personal Information we have collected about you.

Please note that even if your request is validated, we will not at any time disclose sensitive information, if any, such information were collected, such as medical identification, account password, or answers to security questions.

You have the right to request that we disclose certain information to you about our disclosures of your Personal Information to third parties. Such information shall cover the 12-month period preceding our receipt of your request. Upon our receipt of your verified request, we will provide you with the following:

The categories of Personal Information we have collected from you,
The categories of Personal Information that we disclosed about you for a business purpose.

Right to Delete

You have the right to request that we delete certain Personal Information we collected from you. However, in many cases we cannot delete all or some of it due to our regulatory obligations to retain certain information, or as required or permitted by other applicable laws, such as for fraud prevention and similar purposes.

Right to Non-Discrimination

We will not discriminate against you for exercising your rights under the CCPA, such as denying you products and services, charging you different rates or prices including use of discounts or penalties, or suggesting or providing a different level of service or quality of products to you.

How to Exercise Your CCPA Rights

To submit a request to exercise any of your rights provided in this notice, email us at privacy@evofem.com and use “CCPA REQUEST” in the subject line. We must be able to verify your identity before we take action on your request. Please provide sufficient information to assist us, including a name and email address. Let us know if there is anything specific that you are requesting.

You may also use an authorized agent to exercise your rights on your behalf. If you wish to use an authorized agent, we require that your authorized agent provides written proof to us that he or she is authorized to act on your behalf, and we may also require your authorized agent to verify his or her own identity. To appoint an authorized agent, please contact us at privacy@evofem.com.

EFFECTIVE DATE: March 1st, 2021