Privacy Policy

Effective Date: February 20, 2024

Biocodex, Inc. (“Biocodex”, “we”, or “us”), the maker of Florastor, DIACOMIT^® and other leading therapeutic products, values your privacy and wants you to be familiar with how we collect, use, and disclose Personal Information we receive from patients, customers, health care providers (“HCPs”), recruits and job applicants, and others who interact with us. This Privacy Policy describes how we process Personal Information collected in the United States, including via www.biocodex.us, www.florastor.com, www.diacomit.com  (the “Websites”), or otherwise through your online and offline interactions with us or our business partners.

This Privacy Policy is intended for users of our US Websites. For information about how Biocodex processes your Personal Information in countries other than the US, please visit https://www.biocodex.com/en/privacy/.

Table of Contents

Personal Information We Collect

How We Use Personal Information

How We Share Personal Information

Information Automatically Collected on Our Websites

Personal Information of Children

Links to Other Websites

How We Secure Your Information

Retention of Your Information

Your Choices and Rights

Changes to this Privacy Policy

Contact Us

Personal Information We Collect

“Personal Information” means any information that directly or indirectly identifies or relates to you or other individuals. We collect different types of Personal Information depending on the context of your relationship with us.

Depending on how you interact with us, Biocodex may collect your Personal Information as follows:

How We Use Personal Information

The purposes for which we collect and use your Personal Information varies depending on the type of relationship you have with us.

We may use Personal Information for the following purposes:

• To ensure the proper operation of our day-to-day business;
• To respond to your inquiries, comments, feedback, or questions, and to provide you with related customer service;
• To send you newsletters, coupons, or other product information;
• To send administrative information to you, for example, information regarding our services and changes to our terms and conditions, and policies;
• To understand your needs and interests, and personalize your experience with our Websites, our communications, and our products and services;
• To facilitate social media sharing functionality;
• To respond to reports of any adverse events;
• To provide you with educational and marketing materials about our products and services;
• For customer support and relationship management including product distribution;
• To provide you with free samples;
• To provide you with prizes, gifts, or other benefits when you enter a Biocodex-related contest on a social media platform;
• To set your website preferences through your online activity gathered through our website, pixels, and cookies;
• To process job applications and for consideration of employment;
• For business purposes, such as data analysis, audits, developing new products, enhancing, improving or modifying our products and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities;
• To prevent fraud, criminal activity, or misuses of our Websites, and to ensure the security of our IT systems, Websites, architecture, and networks;
• To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties;
• For any other purpose that you specifically authorize us based on your consent.

We may aggregate or de-identify Personal Information and use the aggregated information to analyze the effectiveness of our services, to improve and add features to our Website, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Website and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Website, through cookies, and through other means described in this Privacy Policy. For the purposes of this Privacy Policy, aggregated and de-identified data that cannot be re-identified are not considered Personal Information.

How We Share Personal Information

As outlined above, we may share your Personal Information with the following categories of third parties as part of our usual course of business:

Affiliates. We may share your personal information with our affiliated entities, including our parent company, Biocodex (located in France).

Service Providers and Contractors. In certain circumstances, Biocodex engages third party service providers and contractors to help us accomplish our business objectives. We may share the categories of Personal Information described above with our third party service providers and contractors without further notice to you, unless required by law. Service providers and contractors include, but are not limited to, providers of hosting services, cloud services, other information technology services, email solutions, data analytics services, marketing databases and solutions, or support and maintenance services for the Websites. Pursuant to our instructions, the service providers or contractors will access, process, or store Personal Information in the course of performing their duties to us. If the engagement involves the transfer of Personal Information, we require service providers and contractors to sign a data processing agreement consistent with this notice before we transfer any Personal Information to them. These companies do not have any independent right to share or use this information.

Third-party Partners and Advertisers. We may share your Personal Information with our business partners, including advertisers, marketing partners, retail partners, distributors, and online sellers, in order to market products and services that we believe may be of interest to you.

In addition, under certain circumstances, we may need to share your Personal Information with the following if required by law or contract:

Government Agencies, Regulators or Others for Legal Purposes. We may also share your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users, or the public, or (v) protect against legal liability.

Business Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction, and also may be transferred along with other assets to a successor or affiliate of Biocodex Therapeutics as part of that Transaction.

Biocodex does not sell Personal Information, however, in some circumstances, we may disclose Personal Information to our business partners or third party partners. Under some laws, such as the California Consumer Privacy Act (“CCPA”), such disclosures could be characterized as a “sale” or “sharing” of Personal Information. If you would like to opt out of such sale or sharing of your Personal Information, please choose “Learn More” and “Disagree to All” on our cookie pop up when you visit our Websites or you may also email us at privacy@biocodex.com to ask us not to sell or share your Personal Information with any third parties. Please include the name of the website visited.

Information Automatically Collected on Our Websites

We and our third party service providers may collect Personal Information via our Websites, including through the following methods:

Your browser or device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.

Cookies. Cookies are pieces of information stored directly on the computer that you are using. We use the following types of cookies on our Websites:

• Necessary cookies. These are cookies that are required for the operation of the Websites.
• Functionality cookies. These cookies remember choices you make and are used to recognize you when you return to the Websites.
• Analytical cookies. These cookies collect information about how you use the Website. They allow us to recognize and count the number of visitors and to see how visitors move around within the Websites.
• Targeting or Advertising cookies. These cookies collect information about your browsing activities in order to understand your interests for marketing purposes. We, or third parties, may place or recognize these cookies on your browser when you visit certain websites for the purpose of serving you with advertisements regarding our products and services that may be of interest to you (i.e., retargeting). These cookies may also be used for frequency capping purposes (e.g., to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness. We also use tracking technologies in our advertisements, email newsletters and/or other communications to collect information such as whether you clicked on an advertisement, opened our communication or clicked on any of the content contained therein.

If you do not want information collected through the use of cookies, you can disable them in your browser. Please note that opting out of or disabling cookies may disrupt the functionality of some features of our Websites.

Pixel tags and other similar technologies. Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Websites, measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.

Third Party Pixels. We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use our Websites, purchase our products or use our services. Such advertisements may be based on information relating to your access to and use of our Websites, products, or services. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice, and to learn about your choices in connection with it, please visit: https://thenai.org/opt-out/ and http://www.aboutads.info/.

Analytics. We use third-party analytics providers such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. Google Analytics may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/ and opt out by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Adobe Flash (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies. We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including those used in connection with the Services.

Personal Information of Children

Our Websites, products, and services are not directed to children who are under the age of 16. Biocodex does not knowingly collect Personal Information from children under the age of 16 without express written consent of a parent or guardian. If you have reason to believe that a child under the age of 16 has provided Personal Information through the Websites, please contact us and we will endeavor to delete that information from our databases.

Links to Other Websites

The Websites may contain links to other websites not operated or controlled by Biocodex, including social media services (“Third Party Websites”). The information that you share with Third Party Websites will be governed by the specific privacy policies and terms of service of the Third Party Websites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Websites directly for information on their privacy practices and policies.

How We Secure Your Information

We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Website or email. Please keep this in mind when disclosing any Personal Information to Biocodex via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Website, or Third Party Websites.

Retention of Your Information

We retain Personal Information, including Sensitive Personal Information, for as long as need or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide services to you, for example, for as long as you have an account with us or keep using our services, and the length of time thereafter during which we may have a legitimate need to reference your Personal Information to address issues that may arise;
• Whether there is a legal obligation to which we are subject, for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them; and
• Whether retention is advisable in light of our legal position, such as in regards to applicable statutes of limitations, litigation or regulatory investigations.

Your Choices and Rights

Depending on your state of residence, you may have the following rights with respect to the personal information we maintain about you:

• the right to access and receive a copy of your personal information
• the right to know the categories of personal information collected about you, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing the personal information, and the categories of third parties to whom the personal information was disclosed
• the right to a list of all third parties and affiliates with whom Biocodex has shared or sold consumer health data and an email address or other online mechanism that the consumer can use to contact the third party
• the right to correct your personal information
• the right to delete your personal information
• the right to opt-out of sale or sharing of your personal information for cross-context behavioral advertising
• the right to limit the use and disclosure of your sensitive personal information
• the right to opt-out of processing of your personal information for targeted advertising or the sale of your personal information
• the right to have an authorized agent exercise the aforementioned rights on your behalf

Requests to exercise these rights may be made by communicating with us using the contact information listed in the Contact Us section of this Privacy Policy. Please note that certain exceptions may apply to these rights, including the right to delete. Biocodex will not discriminate against you for exercising any of these rights.

Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. In the case of access, correction, and deletion, your request must be verifiable before we can fulfill the request. Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected Personal Information, or a person authorized to act on your behalf.

You have the right to appeal any decisions Biocodex makes with regard to your rights request. If we deny your appeal and you are a resident of Washington or Texas, you have the right to contact your state’s Attorney General to submit a complaint.

Additional Rights

Additionally, residents of California may request a list of all third parties to which we have disclosed certain information during the preceding year for those third parties’ direct marketing purposes.

Some internet browsers have “Do Not Track” or “DNT” features which, when turned on, send a signal to a website that the individual visiting the website does not wish to be tracked. Such browser features and industry standards are not uniform, so our Website does not respond to DNT signals.

Finally, please note that marketing emails you receive from us will include an “unsubscribe” link. Please be aware, however, that unsubscribing from emails sent by one product or brand, may not unsubscribe you from emails pertaining to our other products. If you would like Biocodex to delete all of the Personal Information we maintain about you, including your email address, please submit a request to delete your personal information at the email address listed below.

Changes To This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this page. We may change this Privacy Policy from time to time. When we make changes to this policy, we will post the updated version on our Website and indicate the date the policy was last updated. We encourage you to review this page periodically to check for any updates. Your continued use of our Website or Services indicates your consent to the terms of our Privacy Policy at the time of use.

Contact Us

If you have questions regarding this Privacy Policy or wish to exercise your privacy rights, please contact us at:

Email: privacy@biocodex.com Please include your request and the name of the website visited.

US Mailing Address: 550 Hills Drive Suite 200B, Bedminster, NJ 07921.

RECRUITMENT

The purpose of the recruitment is the management of Jobs and Internships applications. It allows the Recruiter to:

1. Manage the recruitment process:

• Receive and save candidate applications
• Track candidates’ applications (candidates’ selection, tests, interviews, etc.)
• Provide feedback to candidates
• Establish steps prior to entering into a contractual agreement
• Litigation management (if applicable)

2. Create and manage a Resume database

Goal 1: managing candidates Jobs and Internships applications allows to establish steps prior to entering into a contractual agreement (6.1.b).

Goal 2: managing candidates Jobs and Internships applications is necessary for the purposes of the legitimate interests (6.1.f): for human capital management to ensure high performance as it relates to the company’s activities.

What data do we keep track of and for how long?

Below is the data tracked:

• Applicant Identity and contact details (title, surname, first name, postal address, e-mail, phone number)
• Degree and additional trainings
• Professional experience
• Cover letters and key experience
• Application (resumé, test results, interviews & interviews detailed records, salary, references, contract, and length of contract, etc.)
• Correspondence between the Recruiter and the Applicants

The data may come directly from the Applicant, Management, HR department, or from external sources (websites/social networks, recruitment agencies, schools, employment organizations, etc.).

Providing data by the Applicant, or by a third party, is necessary for the recruitment process as the element provided will be useful to generate Employee contract agreement.

For successful Applicants, the data is maintained for as long as an Employee is within the company, then archived and deleted under the same conditions as the HR files. For unsuccessful applications:

• The Application is kept for up to 2 years in the active database after the Applicant provided consent.
• The Application file is archived for 5 years to ensure a possible legal recourse in view of the applicable prescription periods. After this period, the application file with all its documents is deleted.

To whom is the data intended?

The data is intended for:

• The Applicant
• The Recruitment team (HR department, managers, etc.)
• Service providers, organizations and web services specialized in recruitment (recruitment / temporary employment agencies, job search organizations, resumé libraries, schools, forums, etc.)

No data is transferred outside the European Union unless the Open Position is in a subsidiary (expatriation).