Consumer Health Data Privacy Policy

Effective Date: May 1, 2026

MannKind Corporation and its affiliated companies (collectively “MannKind,” “we,” “our,” or “us”) are committed to protecting the privacy and security of your health data. Our Privacy Statement, available at this hyperlink or in the footer of our websites, describes how we handle your personal data generally. This Consumer Health Data Privacy Policy (“Policy”) supplements our Privacy Statement and applies to the collection of “Consumer Health Data” as defined in relevant comprehensive consumer health data privacy laws, including Washington’s My Health My Data Act (“WA MHMDA”). This Policy describes how we collect, use, share, and protect consumer health data in connection with our websites, digital platforms, patient support programs, clinical research activities, and commercial products.

To the extent this Policy conflicts with MannKind’s general Privacy Statement or any other policy, statement, or notice, this Policy will prevail as to Consumer Health Data collected under WA MHMDA and similar comprehensive consumer health data privacy laws. Capitalized terms used but not defined herein have the meanings ascribed to them in the applicable statutes.

This Policy covers MannKind’s collection, use, sharing, and protection of “consumer health data.” “Consumer Health Data” means personal information that (1) is linked or is reasonably linkable to a consumer and (2) that identifies past, present, or future physical or mental health status. Consumer Health Data includes information about medical conditions, as well as non-medical information such as biometric data, information about use of non-prescription health-related products, and attempts to access reproductive or gender-affirming care. This Policy does not apply to any personal information that does not fall under this definition. This Policy does not apply to protected health information (“PHI”) governed by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations, or to information collected from MannKind employees in their employment capacity.

Depending on how you interact with MannKind’s products, services, platforms, and programs, we may collect the following categories of Consumer Health Data. MannKind only collects your Consumer Health Data as needed to provide you with the products or services that you request, or with your explicit consent.

MannKind may collect the following categories of Consumer Health Data:

  • Individual health condition, treatment, disease, or diagnosis information;
  • Social, psychological, behavioral, and medical intervention information;
  • Health-related surgery or procedure information;
  • Use or purchase of prescribed medication information;
  • Bodily functions, vital signs, symptoms, or measurement of health information;
  • Diagnosis or diagnostic testing, treatment, or medication information;
  • Reproductive or sexual health information;
  • Biometric data;
  • Genomic data;
  • Information about your access to healthcare, including precise location information that could reasonably indicate an attempt to acquire or receive health services or supplies;
  • Information that identifies a resident seeking health care services; or
  • Information processed to associate or identify an individual with the data listed above that is derived or extrapolated from non-health information.

MannKind may process the categories of Consumer Health Data described above for the following purposes:

  • To perform the services or provide goods reasonably expected by an average consumer who requests those goods or services;
  • To determine and verify program, product, and service eligibility and coverage;
  • To enroll you in our programs and provide our products and services to you;
  • To administer, manage, analyze, and improve our programs, products, and services;
  • To procure vendor/supplier products and services, including to manage and satisfy related vendor/supplier contractual obligations;
  • To analyze and better understand your needs, preferences, and interests, as well as those of other consumers;
  • To conduct internal business analysis and market research;
  • To verify, maintain, or enhance the quality or safety of our products or services;
  • To monitor, investigate, and enforce compliance with our policies, product/service terms and conditions, and legal and regulatory requirements;
  • To ensure security and integrity to the extent the use of Consumer Health Data is reasonably necessary and proportionate for these purposes;
  • To prevent, detect, and investigate security events or incidents;
  • To resist or investigate malicious, deceptive, fraudulent, or illegal actions;
  • To ensure the physical safety of natural persons;
  • To comply with legal and regulatory obligations; or
  • For our everyday business purposes.

MannKind collects Consumer Health Data from the following sources or categories of sources:

  • Directly from you, if you: request health-related products and services, register for patient support or access programs, register to use health or wellness-related apps, join our email lists or loyalty programs, request information about MannKind products, submit inquiries through our websites or contact center, make your health data publicly available on social media or other websites, interact with our social media sites about health-related products, and/or submit information in connection with surveys or promotions.
  • Automatically, through cookies, web beacons, tracking pixels, web analytics tools, and similar technologies when you interact with our digital properties.
  • Your computer and mobile devices when you enable certain mobile app functions, such as location tracking, and with your permission upon downloading and when you visit or interact with our websites, applications, or online platforms.
  • Healthcare providers, specialty pharmacies, and other members of the healthcare ecosystem.
  • Third-party analytics and advertising partners, to the extent they provide us with data derived from your digital activity that constitutes consumer health data.
  • Our vendors, suppliers, consultants, professional advisers, and other third parties who:
    • Provide website and online security services;
    • Provide program enrollment, benefit verification, or product fulfillment services in connection with our products and services;
    • Provide consumer data or data analytics and market research services and/or help us maintain the accuracy of our data and data aggregators that help us complete and enhance our records;
    • Provide digital marketing and analytics services for us using cookies and similar technologies that may contain a unique identifier;
    • Provide access to information you make publicly available, such as social media services;
    • Assist with fraud prevention, detection, and mitigation; and/or
    • Facilitate, process, and complete transactions for us.
  • Health Insurance Companies or other payors.
  • Your authorized legal representative, family members, or caregivers.
  • Payment processors and other financial institutions.
  • Consumer reporting agencies and other third parties who verify the information you provide.
  • Other sources with your consent or as otherwise permitted by applicable law.
  • We also draw inferences from the information we collect from and about you, such as your preferences, characteristics, attributes, and abilities.

MannKind only shares or discloses your Consumer Health Data as needed to provide you with the products or services that you request, or with your explicit consent. We may share or disclose any or all of the above categories of Consumer Health Data to the following entities, who shall use the data only as permitted for the purposes set forth above, and within the bounds of our contracts with them:

These general categories of third parties:

  • Business Collaborators,
  • Product co-promotion partners,
  • Product co-development partners,
  • Marketing and Advertising Agencies,
  • Social Media Companies and Platforms,
  • Service Providers (including those hosting or analyzing data on our behalf; those assisting with fraud prevention; those assisting in program administration; those assisting in incident management and reporting; those administering our call center and websites; and those who assist with our information security programs),
  • Emergency Personnel,
  • Healthcare Providers (including specialty pharmacies),
  • Health Insurance Companies and health plans, or other payors,
  • Authorized/legal representatives, family members, and caregivers,
  • Third parties (including those with whom MannKind has joint marketing and similar arrangements; those who provide marketing and data analytics services; those who provide program enrollment or product fulfillment; those who deliver our communications, such as the postal service and couriers; those to whom disclosure is permitted by HIPAA and/or CMIA for treatment, payment, and authorization; other third parties as necessary to complete transactions and provide products/services or administer, manage, and analyze our products and services; or where required by law),
  • Payment processors, financial institutions, and others as needed to complete transactions and for authentication, security, and fraud prevention,
  • Consumer reporting agencies,
  • MannKind lawyers, auditors, and consultants, and
  • Legal and regulatory bodies and other third parties as required by law.

In addition, we may share or disclose Consumer Health Data as permitted or required by law, such as (i) to an acquiring organization if we are involved in a sale or a transfer of our business, (ii) as needed to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, (iii) in situations that may involve violations of our terms of use or other rules, (iv) to protect our rights and the rights and safety of others, (v) as needed to support external auditing, compliance and corporate governance functions, (vi) as needed to preserve the integrity or security of our systems, or (vii) to investigate, report, or prosecute those responsible for any action that is illegal under applicable state or Federal law.

Subject to certain legal limitations and exceptions, you have the following rights with respect to any Consumer Health Data we may collect about you:

  • The right to confirm whether we are collecting, sharing, or selling your Consumer Health Data and to access such data, including to receive a list of affiliates or specific third parties with whom we have shared or sold your information;
  • The right to review and request corrections to your Consumer Health Data;
  • The right to withdraw consent from our collection or sharing of your Consumer Health Data; and
  • The right to request that we delete your Consumer Health Data.

You or your authorized representative may submit a request pursuant to any of these rights by contacting us at: compliance@mannkindcorp.com.

MannKind will not discriminate against, penalize, retaliate against, or otherwise interfere with your access to MannKind’s products, services, or programs because you exercised, or attempted to exercise, any right under this Policy or applicable consumer health data law.

We will make reasonable efforts to respond promptly to your requests in accordance with applicable laws. Please allow 45 days for a response. If additional time is required due to the complexity or volume of requests, MannKind may extend this period by an additional forty-five (45) days, with prior notice to you explaining the reason for the extension. We may, after receiving your request, require additional information from you to authenticate your request and verify your identity. Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so.

You may designate an authorized representative to submit a rights request on your behalf. An authorized representative must provide documentation establishing their authority to act on your behalf (e.g., a written power of attorney or signed authorization). MannKind may still require you to verify your identity directly before processing the request.

If we deny your request, you have the right to appeal that denial by contacting us at compliance@mannkindcorp.com. We will process and respond to your appeal within the time permitted by applicable law. If you are a resident of Washington state and your appeal is unsuccessful, you may file a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.

MannKind may update this Policy periodically to reflect changes in our data practices, legal obligations, or the applicable regulatory environment. When we make material changes to this Policy, we will update the “Effective Date” date at the top of this Policy and post the revised Policy on our website. We will provide you with advance notice of material changes where required by applicable law. Our intention is to use Consumer Health Data in accordance with the Consumer Health Data Privacy Policy in place at the time the Consumer Health Data was collected.

This Supplement applies to Nevada Consumers for purposes of providing additional disclosures required by Nevada’s Consumer Health Data Privacy Law.

Purposes & Manner of Processing. We collect, use, process, and share Consumer Health Data for the purposes and in the manners described above in our Consumer Health Data Privacy Policy, which also provides additional disclosures relevant to Nevada Consumers.

Third Party Collection of Consumer Health Data on MannKind Websites. We limit Third Party Collection of Consumer Health Data over time and across different websites or online services when the Consumer uses our websites or online services. We do this by disabling certain cookies or by ensuring that entities whose cookies, web beacons, pixels, and other online trackers we use on our websites and online services are our service providers under applicable U.S. state privacy laws and under Consumer Health Data privacy laws. Nonetheless, please note that other third parties may still be able to collect Consumer Health Data from you over time and across different websites depending on your browser, browser settings and add-ons, and associated permissions you set on your device(s). This collection of Consumer Health Data by those third parties is unrelated to MannKind’s collection and processing of Consumer Health Data from you, and we encourage you to view those third parties’ privacy notices for more information about their processing of Consumer Health Data and the methods they provide to allow you to opt out of such processing.

Review & Revision of Consumer Health Data. If you would like to review and/or revise your Consumer Health Data, you may submit a request to us via any of the methods listed in our Consumer Health Data Privacy Policy. We will respond to your requests to exercise your rights in accordance with applicable law, but no later than 45 days after receiving your request. We may extend this period up to 45 days where doing so is permitted under applicable law.