Our Commitment to Privacy
Akouos Inc. (“Akouos”, “we”, “our” or “us”) recognizes the importance of protecting the privacy of personal information we may receive about visitors to akouos.com or through our other online and offline services that display or refer to this this Privacy Notice (“Notice”) concerning individuals with whom we interact – including patients, clinical trial participants, members of the public, regulatory authorities’ representatives, healthcare organizations’ representatives, healthcare professionals and persons with whom we do business such as suppliers, contractors and consultants.
This Notice describes how Akouos, Inc. collects, processes and safeguards personal information about individuals with whom we interact. This Notice is designed to assist you in making informed decisions when using our website or interacting with us and does not replace any consent form or other privacy notice that you may separately receive in connection with Akouos’ use or sharing of personal information.
Individuals are recommended to read carefully this Notice before disclosing any personal information and/or filling in any electronic form posted on this website. By visiting our website or by providing us your personal information, you acknowledge that you have read and understood the terms of the collection, use and disclosure of your personal information as outlined in this Notice.
Ways Of Obtaining Personal Information
In most cases, Akouos will collect data directly from you (e.g., when you contact us via our website or sign up for our newsletters), although sometimes we will obtain data about you from public or third-party data sources, including but not limited to:
- Your employer when we need to process personal information of our service providers’ personnel;
- Akouos may collect information about health care professionals from public or third-party sources for marketing, and research purposes and to verify professional data (including, but not limited to access to publicly accessible data, national registries or third-party databases);
- Health care professionals, patient groups and associations or other third parties may provide patient data to Akouos where necessary under applicable drug safety and risk management laws;
- Akouos may collect data from your computer or any other devices you use when visiting Akouos’ website such as internet protocol (IP), domain name, internet service provider (ISP), data about date and time of your request and other information provided by tracking technologies (e.g., data collected from cookies and similar technologies as described in our Cookies Policy).
When you are asked to provide personal information, you may decline. But if you choose not to provide information that is necessary for us to provide the requested services or to perform our contractual relationship, we may not be able to provide you those services or comply with any contractual obligations.
Personal Information That We Collect
We may collect the following personal information about you including but not limited to:
- General information and identification details such as name, postal/email address, account name; username, registration/identification information (for example, identity card numbers) insofar as required for the delivery of services to Akouos, including onsite access to Akouos premises);
- Demographic information, including characteristics such as gender or age;
- Digital data and other electronic network activity information, such as the data we receive when you interact with our website, such as IP address, login user credentials, employee ID number, your browser type and version, time zone setting, time period of user’s staying on a single page, the internal path analysis and/or other parameters regarding the user’s operating system and computer environment, browser plug-in types and versions, operating system and platform and other data transmitted via cookies. This data is collected and used only in an aggregated and not immediately identifiable manner; they could be used among others to ascertain responsibility in case of hypothetical crimes against the site or upon public authorities’ request.
- Audio, electronic, visual, or similar information, such as photographs or voice recordings or communication preferences;
- Professional or employment/education related information, such as your employer or title, professional qualifications, professional credentials, work experience, affiliations, professional networks, programs and activities in which you participated, the university you attended and degree;
- Geolocation data, such as information we receive about your device location (e.g., based on your IP address);
- Health, biometric/genetic data related to identifiable or non-identifiable individuals, and only where necessary and strictly permitted under applicable laws (including in relation to Akouos risk management and drug safety programs, or for accessibility purposes of visitors); and
- Financial information such as bank name, bank accounts, credit card numbers (for the purposes of services by third-party service providers).
How We Use Your Personal Information
We may use your personal information only for purposes permitted by applicable laws, which may vary depending on where you live, and where Akouos operates, and on the terms set forth in this Notice. The purposes of the data processing activities may include:
- Identification and authentication: to verify your identity when you access and use our services, or otherwise engage with us, and to ensure the security of your personal information.
- Managing our business and to provide you goods and services: to administer our business and services, including to carry out our obligations arising from any agreements entered into between you/your employer and us (e.g. handling billing and invoicing).
- Managing our relationships/communications with individuals: for example, responding to questions and comments or inquiries about applications, studies or services, providing updates to our services, inviting individuals to Akouos events, making proposals for future service needs.
- Website functions: we analyze usage information, including site analytics, to continually improve the user experience and to ensure that content from our website is presented in the most effective manner for you and for your device.
- For collaboration and research purposes: to enable Akouos to make more informed and objective decisions when identifying, engaging with health care professionals and key opinion leaders and managing the collaboration relationship with health care professionals.
- Recruitment: processing professional data to assess the individual suitability for job openings at Akouos.
- Market research: processing data about individuals for lawful market research purposes. We collect data through surveys and interviews with patients and health care professionals to help us improve our products and services.
- Direct Marketing: to provide promotional material and engage in marketing and promotional activities with individuals in accordance with applicable laws.
- Complying with contractual obligations: to carry out the obligations of a contractual relationship we have with you.
- Legal or regulatory obligations and the directions of law enforcement agencies and court orders: to comply with our legal (for example to detect, prevent, and respond to intellectual property infringement claims or violations of law) or regulatory requirements (reporting for the safety of information and product quality complaints) or to fulfil transparency requirements with respect to transfers of value to HCPs by us).
Akouos will process personal information for further purposes, where lawful and to extent permitted to do so (such as for archiving, scientific or market research purposes) or when legally obliged to do so (such as reporting information for Akouos risk management and drug safety obligations.
To Whom We Share Your Personal Information
We may share your personal information with:
- third-party entities and service providers, who work on our behalf to provide certain services to us;
- business partners with whom we collaborate regarding our investigational products and programs, such as scientific advisors, joint venture partners and strategic collaboration partners;
- legal, regulatory, enforcement agencies, courts and governmental authorities or other third parties where necessary to comply with a legal or regulatory obligation or judicial process, or otherwise to protect the security, rights and property of Akouos or of any third party;
- potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. Should such a sale or transfer occur, we will use reasonable efforts to obligate the entity to which we transfer your personal information to use it in a manner consistent with this Notice.
- third parties to protect rights and interests, such as when needed for corporate audits, to investigate or respond to a complaint or threat, or to exercise our legal rights.
This website was not designed for use by children under 13 years of age. If you are under the age of 13, you should not use, or submit any personal information to, this website; if you would like to access our website and the information and services we provide, consult your parent or guardian and ask him or her to access our website on your behalf. Please contact us if you believe any personal information about a child under the age of 13 has been submitted to us without parental or guardian consent. If we learn that we have collected personal information directly from a child under the age of 13 through our website, we will delete that information.
Security And Data Retention
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Notice, applicable data protection laws and regulations as well as international security standards. All data you provide to us is stored on secure servers and accessed and used subject to our security policies and standards. Akouos has implemented reasonable physical, technical and managerial controls and safeguards to keep your personal data protected from unauthorized access, disclosure, alteration, and destruction. Such measures may include, but are not limited to: firewalls, access controls, encryption of information while it is in storage, separation of duties, and similar security protocols. Access to your personal data is limited to a restricted number of Akouos employees whose duties reasonably require such information and third parties with whom Akouos contracts to carry out business activities on its behalf. Our employees have been trained on the importance of privacy and how to handle and manage personal information appropriately and securely.
We will retain your personal information for the time strictly necessary to achieve the purposes for which the data were collected and any other permitted associated purpose. Data may be retained for a longer duration where applicable laws or regulations require, or allow Akouos to do so. When your data is no longer needed it will be either irreversibly anonymised (and the anonymised information may be retained) or securely destroyed; however, any personal information which you have provided to us for receiving Akouos information, newsletters and event invitations will be kept until you notify us that you no longer wish to receive this information.
Links To Other Websites
Automated Decision Making
Akouos does not undertake through its website or in general decisions based solely on automated processing, including profiling, of an individual unless we inform you otherwise.
Choices About Marketing
If we intend to use your data for marketing purposes or if we intend to disclose your data to any third party for such purposes, we will where required ask for your consent. In the case of direct advertising for our products and/or services through electronic communications (e.g. email), we will take all steps required by applicable law, to offer you a method by which you can consent to the receipt of further advertising material. In any case, you always have the right to object to personal data being used for the purposes of direct marketing and sending scientific information and newsletters, and/or to withdraw your consent.
International Data Processing & Transfer
Information collected through the services will be processed in and subject to the laws of the United States, which, if you are not located in the United States, may not provide the same level of protection for your personal information as your home country, and may be available to the United States government or its agencies under a lawful order made in the United States. In addition, we may transfer your information outside the United States to our affiliates, business partners, and service providers located in other countries.
We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate protections for your personal information. For more information on the appropriate safeguards in place, please contact us at the contact information set forth below.
For California Residents
California law requires that a business provide in its privacy notice a list of the categories of personal information it has in the preceding 12 months (1) disclosed for a business purpose, and (2) disclosed in exchange for valuable consideration (considered a “sale” under California law, even if no money is exchanged), as well as the categories of third parties to whom each category of personal information was disclosed or sold. In accordance with California law:
|Categories of personal information disclosed for our business purposes||Applicable California Residents||Categories of third parties to whom this information was disclosed|
|General information and identification details||Health care providers; investigators; patients; clinical trial participants; caregivers; website visitors||Akouos’ vendors and service providers who help us provide services.|
|Demographic information||Health care providers; investigators; patients; clinical trial participants; caregivers||Akouos’ vendors and service providers who help us provide services|
|Digital data and other electronic network activity information||Health care providers; investigators; patients; caregivers; website visitors||Akouos’ vendors and service providers who help us provide services|
|Audio, electronic, visual, or similar information||Health care providers; investigators; patients; clinical trial participants; caregivers||Akouos’ vendors and service providers who help us provide services|
|Professional or employment/education related information||Health care providers; investigators; clinical trial participants; caregivers||Akouos’ vendors and service providers who help us provide services|
|Geolocation data||Health care providers; website visitors||Akouos’ vendors and service providers who help us provide services|
|Health, biometric/genetic data||Clinical trial participants; patients||Akouos’ vendors and service providers who help us provide services|
|Financial information||Health care providers; investigators||Akouos’ vendors and service providers who help us provide services|
The above mentioned information may be disclosed also as necessary and to the extent permitted under applicable legislation to business partners, legal, regulatory, enforcement agencies and to the other categories of recipients described in detail above under section “To Whom We Share Your Personal Information” For further details as to the sources of personal information collected, see the “Ways Of Obtaining Personal Information” section of this Notice.
Akouos does not sell personal information about California residents.
The California Consumer Privacy Act of 2018 (CCPA) provides you (as a California resident) with specific rights, subject to certain exceptions:
- Right to know. You have the right to know and request information about the categories and specific pieces of personal information we have collected about you within the last 12 months, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold or disclosed your personal information.
- Right to delete. You have the right to request the deletion of your personal information, subject to certain exceptions.
- Right to non-discrimination. You have the right to not be discriminated against for exercising any of the above-listed rights. We may, however, provide a different level of service or charge a different rate reasonably relating to the value of your personal information.
If you are a California resident and would like to exercise any of the above rights, please submit your request Akouos, Inc. 645 Summer Street, Suite 200, Boston, MA 02210 or email@example.com. Please note that we may require additional information from you in order to honor your request, and there may be circumstances where we will not be able to honor your request. For example, if you request deletion, we may need to retain certain personal information to comply with our legal obligations or other permitted purposes. We will only use personal information provided in a verifiable consumer request to verify your identity or authority to make the request. If you are submitting a request through an authorized agent, the authorized agent must provide us with your signed written permission stating that the agent is authorized to make the request on your behalf. We may also request that any authorized agents verify their identity and may reach out to you directly to confirm that you have provided the agent with your permission to submit the request on your behalf.
If we are unable to comply with all or a portion of your data privacy request, we will explain the reasons for declining to comply with the request.
Finally, if you reside in California and have provided your personal information to us, you may request information once per calendar year about our disclosures of certain categories of your personal information to third parties for their direct marketing purposes (if any). Such requests must be submitted to us in writing at the following email address firstname.lastname@example.org.
Individuals in the European Economic Area, Switzerland and the UK
If you are located in the European Economic Area (“EEA”), Switzerland or the United Kingdom (“UK”), personal information about you may be protected by data protection laws in the EEA, Switzerland or UK, such as the European Union General Data Protection Regulation (“GDPR”), the Swiss Federal Act on Data Protection and the UK Data Protection Act 2018 as amended and in force. Akouos will comply with these data protection laws when it processes personal information about you as described in this Notice.
When processing personal information as described in this Notice, Akouos relies on one of the following legal bases, as appropriate:
- Where you have provided your consent (in which cases, such consent can be withdrawn at any time and without giving any reason);
- Where it is necessary to comply with contractual obligations with you;
- Where the processing is necessary for our compliance with a legal obligation;
- Where the processing is necessary to protect the vital interests of an individual; or
- Where the processing is in Akouos’ legitimate interest, for example, Akouos processes data for scientific and statistical research purposes, for scientific development, for the improvement of our products and services, to provide security measures to protect its employees, contractors, patients, information and other assets and to prevent crime (such as fraud, financial crime and theft of intellectual and industry property and to ensure the integrity of its manufacturing and other operations) or in other ways strictly necessary to carry out our business.
In addition to the above, where Akouos processes special categories of data about individuals (information about individuals’ health, ethnicity, religion, trade union membership, genetic and biometric data etc. – it shall only do so in accordance with applicable laws and regulations. For such processing Akouos relies on the following conditions:
- Where individuals provide explicit consent;
- Where required for rights and obligations related to employment;
- Where required for vital interests of any individual;
- Where processing is necessary for the purposes of provision of healthcare or occupational medicine, pursuant to a contract with a health care professional and;
- Where processing is necessary for scientific research.
Akouos is headquartered in the U.S. and as a result, personal information about you will be processed by Akouos in the U.S. Akouos may contract with service providers to process personal information on Akouos’ behalf; these service providers may be located outside of the EEA, Switzerland and UK. Data protection laws in the U.S. or other countries may not offer you the same protections as the laws of the country in which you are residing when personal information about you is collected.
Where Akouos processes personal information in countries that may not provide the same level of data protection as in the country in which you are residing, Akouos will implement reasonable and appropriate legal, technical and organizational security measures with the aim to ensure the security of the processing and in particular to protect your personal data from unauthorised access, use or disclosure. In the absence of an adequacy decision adopted by the European Commission, Akouos will implement appropriate data transfer mechanisms (such as the EU Standard Contractual Clauses (SCCs)) for any cross border data transfers you’re your country to a third party (controller or processor) located in a third country with the aim to secure such transfers and achieve an adequate level of data protection.
Data protection laws in the EEA, Switzerland and UK may provide you the following rights with respect to personal information processed by Akouos:
- To withdraw consent at any time, if we are processing personal information about you on the basis of consent;
- To access the personal information that Akouos has about you;
- To request that Akouos rectify or erase personal information about you;
- To request that Akouos restrict the way it processes personal information about you;
- To object to the way Akouos processes personal information about you;
- To ask Akouos to transfer personal information about you to you or someone else; and
- To lodge a complaint with a data protection authority in the EEA, Switzerland, or UK; You can find the competent supervisory authority here.
Akouos’ ability or obligation to comply with your requests may be limited by applicable law. Akouos will require appropriate evidence of your identity or to be provided with additional relevant information based on your relationship with us before we are able to act on your request when the information we have is insufficient to accommodate your request. To request to exercise one of these rights if you are located in the EEA, Switzerland, or UK, please contact our Data Privacy Office by email us at email@example.com.
As Akouos is located outside the EU, it has appointed ALG Manousakis Law Firm as its Representative in the European Union for data protection purposes which can be contacted at: 16 Laodikias Str. | 11528 | Athens | Greece | firstname.lastname@example.org. Akouos has also appointed Ametros Group Ltd. as its Representative in the United Kingdom for data protection purposes, which can be contacted at: Lakeside Offices |Thorn Business Park | Hereford |Herefordshire | HR2 6JT | United Kingdom | email@example.com.
If you have questions or concerns regarding the way in which your personal information has been used or you want to obtain more information about our privacy practices, please contact our Data Privacy Office by email at firstname.lastname@example.org.
CHANGES TO THE NOTICE
Akouos reserves the right to amend this Notice from time to time to reflect technological advancements, legal and regulatory changes, and Akouos’ business practices, subject to applicable laws. If Akouos changes its privacy practices, an updated version of this Notice will reflect those changes by posting any revisions on this page with the respective update of the effective date listed on the bottom of this Notice. We therefore encourage you to view any amendments when you visit our website from time to time to stay informed of how we are using your personal information.
Last Updated on June 28, 2022