Data Privacy Framework Policy

Last updated – May 01, 2024

Xeris Biopharma Holdings, Inc. (hereinafter “Xeris”, “we”, “our” or “us”) complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Xeris has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. Xeris has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/

Definitions

“Data Subject”means the individual to whom any given Personal Data covered by this Data Privacy Framework Policy refers.

“Personal Data”means any information relating to an individual residing in the European Union or Switzerland that can be used to identify that individual either on its own or in combination with other readily available data.

“Sensitive Personal Data”means Personal Data regarding an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs; trade-union membership; genetic data, biometric data processed solely to identify a human being; health-related data; or data concerning a person’s sex life or sexual orientation.

What Is Personal Data?

Personal Data is any information relating to a natural person who is, or can be, identified either directly or indirectly and includes information such as a user’s name, address, telephone number, e-mail address, credit card number, social security number, passport number, personal identification number, or information directly linked to that person. Personal Data also includes the personal medical information which you or your medical provider choose to provide to us to use the Services. You are not legally required to provide Personal Data, but if you refuse to provide such information, we may not be able to fully provide you the Services. By using the Services, you agree to our use (including transfer) of Personal Data as described in this Data Privacy Framework Policy.

Never disregard medical advice or delay in seeking it because of something you have read on this Site.

How We Collect, Use, and Disclose Personal Data

We collect certain Personal Data provided by you for the purpose of registering for Services or responding to your requests for information via the Site.

We may use your Personal Data or Usage Information that we collect about you:
to provide you with Services or process transactions that you have requested or agreed to receive including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties;
to process your registration with the Services, including verifying your information is active and valid;
to improve the Services, to customize your experience with the Services, or to serve you specific content that is most relevant to you;
to enable you to participate in a variety of the Service features such as online or mobile entry sweepstakes, contests or other promotions;
to contact you regarding your use of the Services and, in our discretion, changes to the Services or our policies;
for internal business purposes;
for inclusion in our data analytics; and
for purposes disclosed at the time you provide your information or as otherwise set forth in this Data Privacy Framework Policy.

We do not disclose any Personal Data about you to any third parties except under the following circumstances:

We may need to disclose your Personally Information when required by law, regulation, or if we have a good-faith belief that such action is necessary to comply with a court order or subpoena, to cooperate with investigations by law enforcement or regulatory authorities or to participate or cooperate with a judicial proceeding.
In a merger, acquisition by another company, or a sale of all or a portion of our assets, your Personal Data will, in most instances, be transferred to the control of a third party. We will post a notice on our Site for 30 days after a change of ownership or control of our business or assets. If you have provided us with your email address, we may (but are not required to) send you an email notifying you of such transfer.
Personal Data which Xeris collects for a particular purpose will only be saved and used for that purpose, unless you agree to allow Xeris to use it for some other purpose. When you have provided Personal Data to Xeris for a particular purpose, Xeris may disclose such information to other companies that Xeris has engaged to assist it in fulfilling your request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third-party service providers. Xeris may also disclose any your Personal Data to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, as may be required by applicable law, or, as Xeris may deem necessary in its sole discretion, in order to protect the legitimate legal and business interests of Xeris.

Scope and Responsibility

This Data Privacy Framework Policy applies to Personal Data transferred from European Union member countries and Switzerland to Xeris’ operations in the U.S. in reliance on the respective Data Privacy Framework and does not apply to Personal Data transferred under Standard Contractual Clauses or any approved derogation from the EU Directive.

Some types of Personal Data may be subject to other privacy-related requirements and policies. For example:

Some Xeris websites have their own privacy policies.
Personal Data regarding and/or received from a client is also subject to any specific agreement with, or notice to, the client, as well as additional applicable laws and professional standards.
Employee Personal Data is subject to internal human resource policies including the Employee Privacy Notice.

All employees of Xeris that have access in the U.S. to Personal Data covered by this Data Privacy Framework Policy are responsible for conducting themselves in accordance with this Data Privacy Framework Policy. Adherence by Xeris to this Data Privacy Framework Policy may be limited to the extent required to meet legal, regulatory, governmental, or national security obligations, but Personal Data covered by this Data Privacy Framework Policy shall not be collected, used, or disclosed in a manner contrary to this policy without the prior written permission of Xeris’ Data Protection Officer.

Xeris employees responsible for engaging third parties to which Personal Data covered by this Data Privacy Framework Policy will be transferred are responsible for obtaining appropriate assurances that such third parties have an obligation to conduct themselves in accordance with the applicable provisions of this DPF Principles, including any applicable contractual assurances required by DPF Principles.

DPF Principles

Xeris commits to subject to the DPF Principles all Personal Data received by Xeris in the U.S. from European Union member countries and Switzerland in reliance on the respective EU-U.S. DPF and the Swiss-U.S. DPF.

1. Notice

Xeris notifies Data Subjects covered by this Data Privacy Framework Policy about its data practices regarding Personal Data received by Xeris in the U.S. from European Union member countries and Switzerland in reliance on the respective Data Privacy Framework, including the types of Personal Data it collects about them, the purposes for which it collects and uses such Personal Data, the types of third parties to which it discloses such Personal Data and the purposes for which it does so, the rights of Data Subjects to access their Personal Data, the choices and means that Xeris offers for limiting its use and disclosure of such Personal Data, how Xeris’ obligations under the DPF Principles are enforced, and how Data Subjects can contact Xeris with any inquiries or complaints.

2. Choice

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your Personal Data, please submit a written request to privacy@xerispharma.com.

3. Accountability for Onward Transfer

We may transfer Personal Data covered by this Data Privacy Framework Policy to third parties with which we contract to provide support services including, but not limited to, clinical research organizations, laboratory organizations, or clinical analytics companies. In the event we transfer Personal Data to such third parties, we will do so consistent with any notice provided to Data Subjects and any consent they have given, and only if the third party has given us contractual assurances that it will (i) process the Personal Data for limited and specified purposes consistent with any consent provided by the Data Subjects, (ii) provide at least the same level of protection as is required by the DPF Principles and notify us if it makes a determination that it cannot do so; and (iii) cease processing of the Personal Data or take other reasonable and appropriate steps to remediate if it makes such a determination. If Xeris has knowledge that a third party acting as a controller is processing Personal Data covered by this Data Privacy Framework Policy in a way that is contrary to the DPF Principles, Xeris will take reasonable steps to prevent or stop such processing.

With respect to our agents, we will transfer only the Personal Data covered by this Data Privacy Framework Policy needed for an agent to deliver to Xeris the requested product or service. Furthermore, we will (i) permit the agent to process such Personal Data only for limited and specified purposes; (ii) require the agent to provide at least the same level of privacy protection as is required by the DPF Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the Personal Data transferred in a manner consistent with Xeris’ obligations under the DPF Principles; and (iv) require the agent to notify Xeris if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the DPF Principles. Upon receiving notice from an agent that it can no longer meet its obligation to provide the same level of protection as is required by the DPF Principles, we will take reasonable and appropriate steps to stop and remediate unauthorized processing.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Xeris’ accountability for personal data that it receives in the United States under the respective EU-U.S. DPF and the Swiss-U.S. DPF and subsequently transfers to a third party is described in the DPF Principles. In particular, Xeris remains responsible and liable under the DPF Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Xeris proves that it is not responsible for the event giving rise to the damage.

4. Security

Xeris takes reasonable and appropriate measures to protect Personal Data covered by this Data Privacy Framework Policy from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing and the nature of the Personal Data.

5. Data Integrity and Purpose Limitation

Xeris limits the collection of Personal Data covered by this Data Privacy Framework Policy to information that is relevant for the purposes of processing including, but not limited to, demographic and medical data relating to clinical trial research subjects and contact information related to the health care professionals supporting such clinical trials. Xeris does not process such Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the Data Subject.

Xeris takes reasonable steps to ensure that such Personal Data is reliable for its intended use, accurate, complete, and current. Xeris takes reasonable and appropriate measures to comply with the requirement under the respective Data Privacy Framework to retain Personal Data in identifiable form only for as long as it serves a purpose of processing, which includes Xeris’ obligations to comply with professional standards, Xeris’ business purposes and unless a longer retention period is permitted by law, and it adheres to the DPF Principles for as long as it retains such Personal Data.

6. Data Subjects’ Rights

Pursuant to the Data Privacy Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we process Personal Data relating to you in the United States. Upon request, we will provide you with access to the Personal Data that we hold about you. You may also correct, amend, or delete the Personal Data we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under the respective Data Privacy Framework, should direct their query to privacy@xerispharma.com . If requested to remove data, we will respond within a reasonable timeframe.

7. Recourse, Enforcement, and Liability

Xeris’ participation in the EU-U.S. DPF and the Swiss-U.S. DPF is subject to investigation and enforcement by the Federal Trade Commission.

In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Xeris commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF in the context of the employment relationship.

European Union and Swiss individuals with Data Privacy Framework inquiries or complaints should first contact Xeris by email at privacy@xerispharma.com.

Xeris has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, the BBB EU Data Privacy Framework. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.

If your Data Privacy Framework complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Data Privacy Framework Annex 1 at https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction .

Changes to this Data Privacy Framework Policy

This Data Privacy Framework Policy may be amended from time to time consistent with the requirements of the DPF Principles. Appropriate notice regarding such amendments will be given.