Privacy Policy - Celcuity

1. Introduction

Celcuity, Inc. (referred to as “Celcuity”, “the Company”, “We, “Our” or “Us”) are committed to protecting the privacy and security of your Personal Data.

This Celcuity Privacy Notice applies to you if you are:

A service user of this website (https://celcuity.com/);
A Celcuity clinical trial participant in the EU/EEA/UK;
A healthcare professional conducting a Celcuity clinical trial in the EU/EEA/UK;
An employee, contractor or other associated party associated with Celcuity in the EU/EEA/UK;
An employee, contractor or other associated party contracted by Celcuity’s Service Providers in the EU/EEA/UK; or,
Any other individual with whom Celcuity may conduct commercial operations.

We have developed this Privacy Notice to inform you of the data we collect, what we do with your information, what we do to keep it secure as well as the rights and choices you have over your Personal Data. It is important that you read this notice so that you are aware of how and why we are using such information.

2. Definitions

For the purposes of this Celcuity Privacy Notice:

Company (referred to as either “Celcuity”, “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Celcuity, Inc. 16350 36^th Avenue North, Suite 100, Minneapolis, Minnesota 55446.

Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Data Controller, for the purposes of both UK and EU GDPR, refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data. For the purpose of both UK and EU GDPR, the Company is the Data Controller.

Data Processor, for the purposes of both UK and EU GDPR, refers to the Company’s Service Providers.

Data Protection Legislation, as defined in the Data Protection Legislation section below.

Device means any device that can access the Service such as a computer, a mobile phone, or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.
For the purposes of both UK and EU GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

Service refers to the Website, unless otherwise stated.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of both UK and EU GDPR, Service Providers are considered Data Processors.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to the Celcuity website, accessible from https://celcuity.com/; the Viktoria-1 website (accessible from https://viktoria-1.com/) and any other website which Celcuity may operate from time to time.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under both UK and EU GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.

3. Data Protection Legislation

Throughout this document we refer to Data Protection Legislation.

Where data is processed by a controller or processor established in the European Union (EU) or comprises the data of people in the European Union, it is subject to the General Data Protection Regulation (Regulation (EU) 2016/679) (‘EU GDPR’) as well as any local data protection implementation laws. This includes any replacement legislation coming into effect from time to time.

In the United Kingdom (UK), Data Protection Legislation means the Data Protection Act 2018 (‘DPA 2018’), United Kingdom General Data Protection Regulation (‘UK GDPR’), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’) and any legislation implemented in connection with the aforementioned legislation.

Celcuity is the Data Controller (‘controller’) for the Personal Data we process, unless otherwise stated.

We have appointed a Data Protection Officer (DPO) to help us monitor internal compliance, inform, and advise on data protection obligations, and act as a point of contact for data subjects and supervisory authorities. For further details on how you can contact our DPO, please see the Contact Us section below.

4. The information we collect

We only collect Personal Data that we know we will genuinely use and in accordance with the Data Protection Legislation and/or legislation related to clinical trials, such as the EU Clinical Trial Regulations (EU CTR). The type of Personal Data that we will collect on you will depend on whether you are a clinical trial participant, a healthcare professional, an employee, or a user of this website:

Clinical Trial participant

Your name*
Your date of birth*
Your age*
Your gender*
Your contact information (telephone number or email address)*
Where applicable, the name of your legally authorized representative*
Where applicable, the name and contact details of your partner*
Your pseudonymized unique identification number(s)
Your health data
Your genetic data
Your ethnicity

Healthcare professional (HCP)

Your name
Your employment details

Employees and Contractors of Celcuity or Celcuity’s Service Providers

Your name
Your date of birth
Your contact information (telephone number, email address, or mailing address)
Your employment details
Where relevant, your pseudonymized unique identification number(s) (e.g., payroll no.)
Where relevant, your financial information (e.g., bank information)
Where relevant, your Right to Work information (e.g., nationality)
Where relevant, your health data (e.g., sick leave information)

Website User†

Your name
Your contact information (email address)
Your Contact Us form responses
Your Usage Data (e.g., your IP address)
Cookies and Tracking Technologies

* This participant identifiable information is collected by Celcuity’s Research Sites, acting on their behalf as Data Processors. This data may be shared with clinicians, health authorities, ethics bodies and other personnel as authorized by Celcuity, but only where Celcuity is legally obligated to provide this data in accordance with Clinical Trial Regulations and other applicable laws. Celcuity will not directly receive participant identifiable information and will not instruct their Data Processors to process or share this information other than where the law requires.

† You are under no statutory or contractual requirement or obligation to provide us with your Personal Data; however, we require at least the information above in order for us to deal with you as a Service User in an efficient and effective manner.

5. Cookies, Analytics and Tracking Technologies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyse Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features, or functionality of the Website to see how our users react to them.

We and the third parties we work with use cookies and similar tracking technologies to collect information about your use of the Services, such as your IP address, browser type, browser version, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Services and other websites, provide customer support, troubleshoot issues with and improve the operation of our Website and Services, and better understand your online activity.

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. For more information on how Google collects and processes data click here. To opt out of tracking by Google Analytics, click here.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

6. How we use your information

We will only process your Personal Data when the law allows us to do so. We will have provided you with our lawful basis for processing your Personal Data at the point the information was initially collected from you. We will not store, process, or transfer your data unless we have an appropriate lawful reason to do so.

Under Data Protection Legislation, the lawful bases we rely on for processing your information are:

GDPR Article 6(1)(a) – your consent;*
GDPR Article 6(1)(b) – We have a contractual obligation;
GDPR Article 6(1)(c) – We have a legal obligation;
GDPR, Article 6(1)(d) – In order to protect the vital interests of You or a third party;
GDPR, Article 6(1)(e) – We have a public interest; or,
GDPR, Article 6(1)(f) – We have a legitimate interest.

* Where the lawful basis for processing is Consent, you are able to remove your consent at any time. You can do this by contacting our DPO using the contact details provided in the Contact Us section below.

We may use your information for the following purposes:

Processing Activity	Lawful Basis
Where you are a clinical trial participant in a jurisdiction where clinical trials occur on the lawful basis of Consent, to collect information from you and process your health information in order to conduct a clinical trial	Consent
Where you are a clinical trial participant in a jurisdiction where clinical trials occur on the lawful basis of Legitimate Interest, to collect information from you and process your health information in order to conduct a clinical trial	Legitimate Interest in conducting clinical research
Where you are a clinical trial participant in a jurisdiction where clinical trials occur on the lawful basis of Legal Obligation, to collect information from you and process your health information in order to conduct a clinical trial	Legal Obligation
Where you are a Health Care Professional (HCP) involved in the planning, delivery, or oversight of Celcuity clinical trials, to collect information from you and process your employment information in order to conduct a clinical trial	Legitimate Interest in conducting clinical research
Where you are an employee of Celcuity, to collect information from you and make available our services to you	Contractual Obligation
Where you are an employee of Celcuity’s Service Providers, to collect information from you or your employer and make available our services to your employer	Legitimate Interest in managing Celcuity’s affairs
Where you are an employee of Celcuity’s Service Providers, to collect information from you and take payment from you, make a payment to you, give you a refund or request a refund	Contractual Obligation
Where you are an employee of Celcuity’s Service Providers, to collect information from you or your employer and liaise with your employer about your contact details and/or the nature and performance of your work, as required	Legitimate Interest in managing Celcuity’s affairs
To collect information from you and monitor, provide and maintain our Service	Legitimate Interest in providing Services to you
To contact you following your inquiry where you have provided your contact information and to reply to any questions, suggestions, issues, or complaints, including any Data Subject Requests, about which you have contacted us	Legitimate Interest in providing Services to you
To collect your Usage Data in order to power our security measures and services so you can safely access our website and other Services	Legitimate Interest in providing a secure platform
To contact you, where you have provided your contact information, about news and information relating to our Services through service messages	Legitimate Interest in contacting you about our Services
B2B direct marketing to you, where you have provided your contact information, about products and services from us where you are classified as a corporate subscriber and/or the ‘soft opt-in’ applies under UK PECR	Legitimate Interest in marketing our Services to you
B2B direct marketing to you, where you have provided your contact information, about products and services from us where you are a sole trader, partnership or otherwise classified as an individual subscriber and/or the ‘soft opt-in’ does not apply under UK PECR	Consent
To retain any accounting information generated during the course of our interaction for statutory accountancy retention periods	Legal Obligation
To respond to and defend against legal claims, where you have provided us with information which may give rise to legal claims	Legal Obligation

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

7. Who we might share your information with

We may share your personal data with other organizations in the following circumstances:

From time to time, we may need to share your Personal Data with our strategic clinical trial partners;
If the law or a public authority says we must share the Personal Data;
If we need to share Personal Data in order to establish, exercise or defend our legal rights – this includes providing Personal Data to others for the purposes of detecting and preventing fraud; or
From time to time, employ the services of other parties for dealing with certain processes necessary for the operation of our services.

We use Service Providers (“Data Processors”) who are third parties who provide elements of services for us. Examples of these Data Processors include, but are not limited to:

Our Contract Research Organizations (CRO) and EU representative;
Our Clinical Trial Data Processors,
Our IT Service Providers, such as Microsoft Corporation.

We have Data Processor Agreements in place with our data processors. This means that they cannot do anything with your Personal Data unless we have instructed them to do it. They will not share your Personal Data with any organization apart from us or further sub-processors who must comply with our Data Processor Agreement. They will hold your Personal Data securely and retain it for the period we instruct.

8. How long we keep your information for

We retain a record of your Personal Data in order to provide you with a high quality and consistent service. We will always retain your Personal Data in accordance with the Data Protection Legislation and never retain your information for longer than is necessary. Celcuity follows a Retention Schedule which outlines how long Celcuity will retain your Personal Data. Celcuity considers the retention period to begin from the point at which Celcuity last contacted you or otherwise reviewed your record to determine whether it was still active, unless otherwise required by law. As such, unless otherwise required by law, your data will be retained for the period specified in the summarized table below and then securely deleted in accordance with our internal policies and procedures.

Purpose	Retention Period
Processing data in relation to You as a clinical trial participant	25 years following the conclusion of the clinical trial, as determined by EU Clinical Trial Regulations (EU-CTRs)
Processing data in relation to You as a Health Care Professional (HCP) involved in the planning, delivery, or oversight of an Celcuity’s clinical trial	25 years following the conclusion of the clinical trial, as determined by EU Clinical Trial Regulations (EU-CTRs)
Processing data in relation to You as an employee, contractor or other associated party contracted by Celcuity	8 years following the termination of your employment
Processing data in relation to You as an employee, contractor or other associated party contracted by Celcuity’s Service Providers	8 years following the termination of contract
Processing data in relation to You as a service user of this website	1 year
Processing data in relation to You as any other individual with whom Celcuity may conduct commercial operations	6 years

9. How we keep you updated on our products and services

Where you are a clinical trial participant or a Health Care Professional involved in the planning, delivery, or oversight of an Celcuity clinical trial, we will contact you through our Contracted Research Organization (CRO) where it is necessary to do so.

Where you are an employee of Celcuity, we will contact you through existing Celcuity communication channels, including email, where it is appropriate to do so.

Where you are an employee of Celcuity’s Service Providers, a user of this website who has provided us with your contact information, or any other business contact, we will send you relevant news about our services in a number of ways including by email, but only if we have a Legitimate Interest to do so. Where we do not have a Legitimate Interest, we will not send you marketing communications unless we have asked for, and gained, your consent.

We make every effort to ensure that we only send such communications to those acting in a business capacity and do not send such materials to consumers via personal email addresses if it is clear they are not acting in such a capacity or have not otherwise provided their consent.

All email communications will have an option to unsubscribe and so if you wish to amend your marketing preferences, you can do so by following the link in the email and updating your preferences. Alternatively, you can contact our DPO using the contact details provided in the Contact Us section below.

10. Giving your reviews and sharing your thoughts

When using our website and other Services, you may be able to share information through social networks like Facebook and Twitter. For example, when you ‘like’, ‘share’ or review our Services. When doing this, your Personal Data may be visible to the providers of those social networks and/or their other users. Please remember it is your responsibility to set appropriate privacy settings on your social network accounts so that you are comfortable with how your information is used and shared on them.

11. Third Party websites and links

Our Website may contain links to other sites operated by third parties. The Company does not control such other sites and is not responsible for their content, their privacy policies, or their use of personal information. The Company’s inclusion of such links does not imply any endorsement of the content on such sites or of their owners or operators except as disclosed through the Services. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties.

12. Children’s privacy

We do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

If you are the parent or guardian of a minor child who has provided us with personal information, you may contact us using the information below to request it be deleted.

13. Your California privacy rights

We do not share personal information as defined by California Civil Code Section 1798.83 (“Shine The Light Law”) with third parties for their direct marketing purposes.

14. Your rights over your information

14.1.1 The right to be informed about our collection and use of personal data;

You have the right to be informed about the collection and use of your personal data. We ensure we do this with our internal and external Privacy Notices (including this document). These are regularly reviewed and updated to ensure these are accurate and reflect our data processing activities.

14.1.2 Right to Access Your Personal Data

You have the right to access the Personal Data that we hold about you in many circumstances, by making a request. This is sometimes termed ‘Data Subject Access Request’. If we agree that we are obliged to provide Personal Data to you (or someone else on your behalf), we will provide it to you or them free of charge and aim to do so within 1 month from when your identity has been confirmed.

We would ask for proof of identity and sufficient information about your interactions with us that we can locate your Personal Data.