If you are a California resident, please see our California Privacy Notice here for a description of your rights and our collection policies pursuant to the California Consumer Privacy Act. Effective March 1st, 2021, this notice applies to you and supplements our Privacy Policy if you are a resident of the State of California. It is intended to provide certain information to you as required by the California Consumer Privacy Act of 2018 (“CCPA”), as amended.

Welcome to the Evofem Privacy Policy Provided for Evofem.com

Last Updated: June 18, 2020

At Evofem Biosciences, Inc., and our subsidiaries, joint ventures, and other companies under a common control (“Affiliates”) (collectively “Evofem,” “we,” “us” or “our”) we take your privacy and the security of your information very seriously.

This Privacy Policy (“Policy”) is provided for this specific Site, Evofem.com (“Site”) and functionality we may choose to offer through the Site (collectively the “Services”). This Site is intended for those interested in products and services, including investors, job applicants, healthcare professionals, and other interested parties, and provides important information related to the unmet needs that women face today with lack of non-hormonal contraceptive options and a product that is now approved to meet those needs.

This Policy is incorporated into, and is part of, our Terms of Use available at https://www.evofem.com/legal/

which governs your access to the Services and your use of the Services, unless you have entered into a separate written agreement with Evofem. Those capitalized terms not defined in this Policy shall be given the meaning provided within the Terms of Use. If you have entered into a separate written agreement with Evofem, that separate written agreement shall control, and only those terms within this Policy that do not conflict with said separate written agreement shall apply. Unless otherwise defined herein, capitalized terms shall have the meaning assigned to such terms in the Terms of Use.

If you have any questions regarding this Policy please contact us at [email protected].

The Policy describes the types of information we gather from people visiting our Site and from individual users (“you” or “users”) interacting with our Site and Services and how we use, transfer, and secure such information. By accessing our Services, you agree to be bound by this Policy. This Policy does not govern information we receive from third parties, unless specifically stated. If you do not agree to the terms of this Policy, please do not use the Services. Each time you use any Services, the current version of this Policy will apply. Accordingly, when you use any Services, you should check the date of this Policy (which appears at the top) and review any changes since you last reviewed the Policy.

1 The Information We Collect

We gather the following types of information about users:

1.1 Personal Information: Information that is about, or relates to, an identified or identifiable individual, or that can be linked to that individual (such as name and contact information).

1.2 Aggregate Information: Information that cannot be used to identify an individual (such as frequency of visits to the Site and browser type). Please note that we may convert Personal Information into Aggregate Information via one or more processes at our discretion.

2 Categories of Personal Information Collected and How Used
Personal Information You Provide Us

2.1 When you use the Site, Evofem will collect the Personal Information you provide Evofem, if any, such as your name, home address, personal telephone number, personal e-mail address, company name, company mailing address, company e-mail address and company telephone number. We also may collect Personal Information that you provide us when you sign up for an investor presentation through the Site, when you contact us via e-mail for information or assistance, including the content of your e-mail.

2.2 In the course of applying for a job with Evofem through the Site, you may provide certain Personal Information to Evofem. Such Personal Information could include your name, e-mail address, phone number, date of birth, government identification numbers, among other identifiers.

2.3 In certain instances, you may be redirected to provide Personal Information through the use of a third party URL for the purpose of applying for a job. In these specific cases, this Privacy Policy shall apply unless it conflicts with any policy, statement or disclaimer offered at any such URL.

3 Personal Information Collected Automatically

When you use the Site, we may automatically collect technical information and information about your visit, including pages you visited, the order in which they were visited, page interaction information (such as the links you “clicked” or the content you viewed or consumed), the type of device you are using, IP address, operating system, header information and browser software. We may collect information that allows us to associate you with your social media or other accounts that you have on other sites. Further we may collect Personal Information through the use of cookies as described within the “Functions and Use of Cookies” section in this Privacy Policy, or the section regarding “Analytics” below. Where such information meets the definition of Personal Information, such as IP address, we will treat it as such.

4 How Your Personal Information Is Used

4.1 We may use the Personal Information you provide us to contact you, provide support, operate and improve the Site, and respond to your comments and questions, and provide the Services, including functionality offered to investors.

4.2 If you apply for employment with Evofem through the Site, we may use the Personal Information you provide us to process your job application and contact you.

4.3 Personal Information collected automatically is used for the purpose of improving our Site, and to offer more relevant information and content

5 Disclosure of Personal Information

5.1 We may share your Personal Information with third party service providers, including cloud service providers, services that allow us to provide certain information to investors, service providers that assist us in communicating with those potentially interested in our products, and to help us with our business activities such as Site maintenance and employee recruitment. We include provisions within our contracts with these businesses to ensure that they: (i) use your Personal Information only as necessary to provide these services to us; and (ii) establish safeguards to protect the confidentiality of the information that we provide them.

5.2 We may share some or all of your Personal Information with our Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.

5.3 We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

5.4 We may also disclose Personal Information if Evofem believes in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on Evofem; (iii) to protect or defend the rights or property of Evofem or users of the Site or services; (iv) to investigate or assist in preventing any violation or potential violation of the law, or this Privacy Policy; or (v) consistent with the contractual obligations of Evofem.

6 Categories of Aggregate Information Collected and How Used

Aggregate Information may be collected when you visit use the Site, 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.

7 Our Site Not Available to Those Under 18

Access to and use of the Site are not intended for use by anyone younger than the age of 18 and we do not knowingly collect Personal Information from individuals younger than the age of 18. If you have reason to believe that an individual under the age of 18 has provided Personal Information to us outside of the clinical trial context, please contact us. We will take reasonable steps to investigate and if it is confirmed that we possess Personal Information of an individual under 18 years of age, we will delete the Personal Information. We may require additional information to confirm that the request is a bona fide request from an appropriate person concerning an individual under the age of 18, as allowed by applicable law.

8 Functions and Use of Cookies

8.1 Cookies are small files that are placed on your desktop, notebook or mobile device by a Site you visit. From this we can, for example, recognize whether there has already been a connection between your device and the Site, or which language or other settings you prefer. Cookies may also contain Personal Information, such as your IP address.

8.1.1 You may visit the Site without consenting to the use of cookies. This means that you can refuse such use and delete cookies at any time by making the appropriate settings on your device. This is done as follows:

8.1.2 Most browsers are pre-set to automatically accept cookies. You can change this setting by activating the setting do not accept cookies in your browser. You can delete existing cookies at any time. You can find out how this works in detail in the instructions of your browser or device manufacturer.

8.1.3 Like the use of cookies, their rejection or deletion is also linked to the device used and also to the browser used in each case. You must therefore reject or delete the cookies separately for each of your devices and, if you use several browsers, also for each browser.

8.2 If you decide against the use of cookies, it is possible that not all functions of the Site are available to you or that individual functions are only available to you to a limited extent.

8.3 You can learn more about cookies and how they work at www.allaboutcookies.org. You can opt-out from third party cookies that are used for advertising purposes on the NAI website at http://www.networkadvertising.org/managing/opt_out.asp.

8.4 Some web browsers may be configured to send ‘Do Not Track’ signals to the Sites that you visit. Like many Sites, the Site does not alter practices when a ‘Do Not Track’ signal is received from a visitor’s browser. To find out more about ‘Do Not Track’, please visit www.allaboutdnt.com.

9 Analytics

9.1 We may use third parties, such as Google Analytics or other analytics providers, to analyze traffic to our Site or Services. Google Analytics does not create individual profiles for visitors and only collect aggregate data. To disable Google Analytics for example, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en. To learn more about privacy and Google Analytics, please consult the Google Analytics overview provided by Google at http://www.google.com/intl/en/analytics/privacyoverview.html. You may find additional information about Google Analytics at http://www.google.com/policies/privacy/partners/. You have the option to opt out of Google’s use of cookies by changing your settings through Google Ad Settings via the Google advertising opt-out page at http://www.google.com/policies/technologies/ads/.

9.2 We may also use cookies, pixels, beacons, or other web tracking technologies to track the amount of time spent on our Site and Services or social media. We may work with a third party to collect and process this information for us, based on our instructions and in compliance with this Privacy Policy.

10 Interest-Based Advertising:

10.2 We may also participate in interest-based advertising using similar technology. This means that you may see advertising on our Sites tailored to your interests, or you may see advertising for Evofem and its properties on other websites based on your browsing behavior across websites. Some websites where we may advertise belong to ad networks that use your web browsing history to choose which ads to display on their network websites; these ads include advertising for Evofem and its Sites. Other websites where you see our ads, such as Facebook, may use interest preferences that you have chosen on those sites, to choose which ads to display to you. Some internet browsers, websites such as Facebook and mobile devices offer opt-outs for interest-based advertising. Please refer to the website that you are visiting, your browser and/or your device settings for additional information.

10.2 You can opt-out of receiving interest-based ads from third parties who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website (http://www.networkadvertising.org/choices/) and DAA website (http://www.aboutads.info/choices/).

11 Nevada Users

Evofem does not sell Covered Information as defined under Nevada law. If you would like to make a further inquiry regarding the selling of your Covered Information, as defined under Nevada law, please contact us as described in the “Contact Us” section of this Privacy Policy.

12 Security

Evofem is committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while Evofem uses reasonable efforts to protect your Personal Information, Evofem cannot guarantee its absolute security.

13 Your Choices Regarding Your Information

All users may review, update, correct or delete their Personal Information by contacting us as described in the “Contact Us” section of this Privacy Policy, where the right to do so is provided by applicable law, including as described elsewhere in this Privacy Policy. We will use commercially reasonable efforts to honor your request, and in all events, we will comply with applicable laws relating to your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

14 Third-Party Pages and Sites

As a convenience to our visitors, the Site may contain links to a number of Sites that we believe may offer useful information. The privacy policies and procedures described herein do not apply to such Sites or their content, or to any collection of your Personal Information after you click on links to such third-party Sites.

15 Contact Us

If you have any questions regarding this Privacy Policy, or to exercise your rights as described above, please contact us using any of the following methods:

Email: [email protected]
Mail: Evofem Biosciences, Inc.
7770 Regents Rd.
Suite 113-618
San Diego, CA 92122

16 Changes to This Privacy Policy

This Privacy Policy may be amended from time to time for any reason. Each time you use the Site, the current version of this Privacy Policy will apply. We will notify you of any changes to our Privacy Policy by posting a new Privacy Policy on this page as indicated by changing the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes.

17 Visitors That Reside Outside the United States

17.1 Evofem provides its Sites for the purpose of serving interested parties within the United States, and our Site and Services are not intended, nor directed to anyone residing outside the United States. The laws governing the collection and use of information within the United States may be different from the laws of your country. If you decide to use our Services or share your Personal Information with Evofem, you are agreeing to be governed by the laws of the United States as appropriate, and you are expressly consenting to the transfer of your data to the United States.

18 Governing Law

18.1 This Policy is governed by the laws of the State of California, U.S.A. without giving effect to any principles of conflict of law.