This PRIVACY STATEMENT FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of Prolacta Bioscience, Inc. and its subsidiaries (collectively, "Prolacta," “we,” “us,” or “our”) and applies solely to visitors, users, business contacts, and others who reside in the State of California (“consumers” or “you”) (the "Notice"). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020 ("CPRA") (collectively, "California Privacy Law"). Any terms defined in California Privacy Law have the same meaning when used in this Notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). We collect personal information directly from individuals, offline and online, through the use of Prolacta-owned websites. In particular, we may have collected the following categories of personal information from consumers within the last twelve (12) months:

• Identifiers: including contact details such as name, address, telephone number, email address, IP address, account name, date of birth for the Milk Resourcing team, infant date of birth for the Milk Resourcing team, and other similar identifiers;
• Financial information: including credit card information when purchasing products and financial account information for the Milk Resourcing team;
• Protected classification characteristics: including gender;
• Commercial information: including purchasing or consuming histories or tendencies;
• Biometric information: including DNA fingerprint for the Milk Resourcing team;
• Internet or other similar network activity: including your interactions with our site;
• Audio, electronic, visual or similar information: including recordings of voice mail messages you may leave for us;
• Professional or employment-related information: such as job history, qualifications, and experience when we engage certain professional services;
• Non-public education information: such as educational history and degree information when we engage certain professional services;
• Inferences drawn from the information collected; and
• Other personal information: including medical insurance information, medical history, and physician and pediatrician contact information for the Milk Resourcing Team, as well as information about you that is linked to the personal information above, such as inquiry and communication information when you contact us.

Certain personal information that Prolacta collects about you may be considered sensitive personal information within the meaning of California Privacy Law, including: Social Security and driver’s license number (for payment and tax purposes), credit card information (for billing and transactional purposes in connection with providing products and services), financial account information (for payment purposes), and DNA fingerprint and test results for blood and milk (for initial, and continuing, qualification and safety control of human milk donors). Prolacta only uses and discloses sensitive personal information as necessary in connection with the performance of services and the provision of goods, compliance with federal, state, or local laws, and as otherwise permitted by California Privacy Law.

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the scope of California Privacy Law, such as:
  • 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;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from our clients/customers or their agents. For example, from documents that our clients/customers provide to us related to the products or services we provide.
• Indirectly from our clients/customers or their agents. For example, through information we collect from our clients/customers in the course of providing products or services to them.
• Directly and indirectly from activity on our website. For example, from submissions through our website portal or website usage details collected automatically.
• From other business partners or sources. For example, from lead generation services
• From third-parties that interact with us in connection with the products or services we provide. For example, from our marketing partners.

Use of Personal Information

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

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to evaluate your suitability as a human milk donor and to pay you for your services, we will use that information to establish eligibility and/or to provide payment.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To provide you with items or services of appreciation that are provided by third party Service Providers with whom we have agreements that limit the use of the personal information to the particular purpose for which it was shared.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To improve our website and present its contents to you.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

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

• Advertising, including targeted advertising, marketing, public relations (including direct marketing), and other promotional purposes.
• Market research and competitor analysis.
• To invite you to participate in surveys and provide feedback to us.
• To improve our marketing and promotional efforts.
• To provide you with information that you have solicited or requested.
• To invite you to participate in company sponsored events (such as speaker panels and/or conferences).

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.

Disclosure of Personal Information

We may disclose your personal information to a third party for a business purpose. 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.

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

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

• Our affiliates.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

We may disclose your personal information to third parties for commercial purposes, such as advertising.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a commercial purpose:

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

• Social media.
• Advertising networks.

Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances, we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this data for as long as necessary without further notice to you.

Your Rights and Choices 

California Privacy Law provides consumers (California residents) with specific rights regarding their personal information. Subject to certain exceptions detailed in California Privacy Law, as a California resident, you have the right to request:

• deletion of your personal information;
• correction of inaccurate personal information;
• the right to know/ access the categories of personal information that we collect about you, including the specific pieces of personal information;
• the categories of personal information disclosed for a business purpose; and
• information about the categories of personal information about you that we have shared or sold (as such term is defined under California Privacy Law) and the categories of third parties to whom the personal information was shared or sold.

Exercising Your Rights
If you are a California resident and wish to request exercise of your rights as described above, please submit a verifiable consumer request to us by either:

• Calling us at 626-599-9260 or 844-707-7482
• Email to privacy@prolacta.com
• Visiting prolacta.com

Only you or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

Authorized Agents

To the extent that you elect to designate an authorized agent to make a request on your behalf, they must provide appropriate documentation including written signed permission from you, proof of your identity, and verification of their identity; or a valid, designated power of attorney as defined under the California Probate Code.

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. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 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. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by postal mail or electronic mail, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

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.

Do Not Sell or Share My Information

In addition to the above, California residents have the right to opt-out of the selling or sharing of their personal information, as such terms are defined under California Privacy Law. To exercise this right, click here. We currently do not respond to web browser "do not track" signals.

Non-Discrimination
We will not discriminate against you for exercising any of your California Privacy Law rights. Unless permitted by California Privacy Law, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Financial Incentive

We do not offer any financial incentive programs.

Changes to Our Privacy Statement

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 notify you by email or through a notice on our website homepage. This Privacy Statement for California Residents was last updated as of the date noted below.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California Privacy Law, please do not hesitate to contact us at:

Phone: 844-707-7482
Website: prolacta.com
Email: privacy@prolacta.com

Postal Address: Prolacta Bioscience, Inc.
Attn: E. Harrington, Senior Counsel & Privacy Officer
1800 Highland Avenue
Duarte, CA 91010

This Privacy Statement for California Residents was last updated: July 31, 2024