MannKind Privacy Policy

Last Updated: August 1, 2024

This Privacy Policy is intended to make you aware of the­ types of personal information we gather from people visiting a MannKind website, including mannkindcorp.com (“Website”) and how we collect, use, and disclose such information.

If you are a California resident, please review our California Privacy Notice below for additional disclosures, including information about your rights under the California Consumer Privacy Act.

Personal Information We Collect

Depending on how you interact with us, we may obtain the following types of your personal information directly from you; automatically when you access our Website; and from our service providers, vendors, business partners, and other parties:

  • Identifiers, including name, postal address, unique personal identifier, online identifier, IP address, e-mail address, or other similar identifiers.
  • Medical information, including characteristics that are considered “sensitive” under certain laws, such as information concerning your health.
  • Characteristics of protected classifications, including demographic data and characteristics that are considered “sensitive” under certain laws, such as race or citizenship status.
  • Commercial information, including purchasing or consuming histories or tendencies.
  • Internet or other electronic network activity information, including browsing history, search history, and information regarding your interaction with our Website.
  • Geolocation Data, which may include your approximate geolocation.
  • Professional or employment-related information, including your employer, company contact information, and work history.
  • Education information, including your education history and certifications.

We may combine your personal information with data we obtain from our Website, our services, other users, and other parties. Your personal information may be converted into deidentified, anonymized, or aggregated data, as permitted by law.

Use of Personal Information

We may use or otherwise process the personal information described above to:

  • Communicate with you and provide our products and services, including supplying you with the information and services associated with the MannKind product or program in which you indicated interest and understanding how you interact with our communications, products, and services.
  • Recruit and process employment applications, including processing your application and contacting you regarding the recruitment process.
  • Operate and maintain our Website, including maintaining, operating, optimizing, and providing access to our Website; identifying Website visitors; monitoring and analyzing Website usage and trends; evaluating how our Website performs; repairing or improving the quality of our Website; tracking and responding to quality and security issues; and ensuring our Website operates effectively.
  • Advertise and market to you, including sending marketing and promotional materials relating to our products, services, and offerings; measuring the use of our services and effectiveness of our advertising and marketing; developing insights to improve our Website and provide our users with enhanced features and functionalities; and providing behavior-based and targeting advertising.
  • Carrying out our business operations, including performing system administration and technology management; carrying out internal administration, such as recordkeeping and auditing; identifying prospective customers, partners, service providers, and vendors; managing our relationships with our customers, partners, service providers, and vendors; performing research and development, and fulfilling purposes that we describe to you at the time we collect your information.
  • Maintaining security and integrity, including safeguarding our Website, particularly from cyber risks; authenticating Website users; enforcing our policies and terms; protecting our rights; fulfilling our legal obligations; and preventing, identifying, investigating, and responding to fraud, illegal or malicious activities, and other activity that violates or may violate applicable laws, regulations, legal processes, or our policies.
  • Managing legal and compliance activities,including managing risks, investigations, reporting, and other compliance activities; responding to court orders or other government and law enforcement mandates or requests; identifying or managing legal actions related to our or others’ rights or property; supporting actual or threatened claims, defenses, or declarations in a case or before any jurisdictional and/or administrative authority, arbitration, or mediation panel; and enforcing compliance with applicable laws, regulations, or legal processes and industry standards.
  • Managing corporate transactions, including evaluating or executing a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, as part of regular business operations or pursuant to a bankruptcy, liquidation, or similar proceeding.

Disclosure of Personal Information

We may disclose your personal information to:

  • Our business partners, in order to fulfill your requests, assist with programs in which you have indicated interest, and provide Website features and products. Separate privacy policies may apply to these partners’ uses of your personal information.
  • Service providers, vendors, and contractors, that help us to administer our Website, deliver services and communications, provide technical support, provide personalized advertising, perform analytics, and otherwise help us operate our business. We may share your personal information with providers of cookies and other tracking technologies, as described below in the Cookies and Tracking Technologies section.
  • Law enforcement agencies, courts, regulatory agencies, other government entities, professional advisors, affected parties, and other external parties in response to subpoenas, warrants, or court orders; for law enforcement or public safety purposes; in connection with any legal process; to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies; to comply with laws, regulations, or other legal obligations; to protect and defend our rights and property or the rights and property of other parties; to enforce our Terms and Conditions, this Privacy Policy, or agreements with third parties; or for crime-prevention purposes.
  • Parties to corporate transactions, including prospective or actual purchasers, investors, or successor entities, in connection with a contemplated or an actual reorganization of our business, or in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets. This may include processing for the purpose of permitting the due diligence required to determine whether to proceed with a transaction.

We may disclose your personal information to additional parties where we have provided a separate notice to you and/or asked for your consent, as applicable.

Cookies and Tracking Technologies

We and our vendors use cookies and other online tracking technologies (collectively “Cookies”) to:

  • Facilitate your Website access and navigation;
  • Store information to improve Website functionality and recognize your login information and preferences;
  • Collect and analyze information about your interactions with our Website, including by collecting information about which pages on our Website you viewed or links you clicked and how you interacted with our content during your visit or over multiple visits;
  • Customize your browsing experience, including by showing you information more likely to be relevant to you; and
  • Deliver and customize advertisements and track campaign efficacy.

We and our vendors may collect personal information about your online activities over time and across different devices and websites when you visit the Website, and link information collected by Cookies to other information collected about you.

We may engage web analytics service providers, such as Google Analytics, to help us understand and analyze how visitors interact with our Website. We use such data to administer and improve the quality of our Website and serve ads on our behalf across the internet. We may also implement Google Analytics Advertising Features such as dynamic remarketing, interest-based advertising, and audience targeting. We may use first-party Cookies as well as third-party Cookies to deliver advertisements, measure your interests, and/or personalize content.

Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, our Website is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, visit fpf.org/thank-you-for-visiting-allaboutdnt-com/. You may set your browser to notify you of or decline the receipt of Cookies; however, certain features of the Website may not function properly or be available if your browser is configured to disable Cookies.

Certain vendors we work with offer tools you can use to limit or opt out of their Cookies, such as:

Some vendors may participate in the Digital Advertising Alliance (“DAA”) and its AdChoices opt-out program or the Network Advertising Initiative (“NAI”). For more information about opting out or to use the DAA opt-out tool visit youradchoices.com (for web browsers) or aboutads.info/appchoices (for mobile apps). For more information about opting out or to use the NAI opt-out tool, visit networkadvertising.org/choices (for web browsers) or networkadvertising.org/mobile-choice for (mobile apps).

We are not responsible for the effectiveness or accuracy of other parties’ notices or opt-out mechanisms.

E-mail Marketing

We may use your personal information to contact you with newsletters, marketing, promotional materials, and other information that may be of interest to you. You may opt out of receiving these types of communications from us by following the unsubscribe link or instructions provided in any e-mail we send.

Social Features and Third-Party Integrations

Certain functionalities on our Website permit interactions that you initiate between the Website and external services, such as social networks (“Social Features”). For example, Social Features enable you to “share” our content and pull or push information to or from the Website. If you use Social Features, information you post or provide access to may be publicly displayed by the third-party service you use. Additionally, both MannKind and the social feature provider may have access to certain information about you and your use of the Website and the social feature service.

We may offer third-party integrations on our Website. If you choose to connect a third-party account to our system, you should refer to that party’s privacy policy for information on how your personal information is processed and safeguarded. One such integration is YouTube API Services, which may collect, store, use, process and share personal information as described in this Privacy Policy. The YouTube API Services also may serve content and store, access, and collect personal information from your devices as described in this Privacy Policy. For more information about the YouTube API Services, please refer to the Google Privacy Policy. In addition to exercising your choices as described in this Privacy Policy, you can revoke access to your personal information collected and processed through the YouTube API Services using Google’s security settings at https://security.google.com/settings/security/permissions.

We have implemented Google reCAPTCHA to protect our Website from fraud and abuse. Your use of reCAPTCHA is subject to Google’s Privacy Policy and Terms of Use.

California Privacy Notice

In accordance with the California Consumer Privacy Act (“CCPA”), this Privacy Notice applies to personal information we collect from California residents through our Website and in other contexts, including offline.

Unless otherwise noted, the disclosures in this California Privacy Notice apply to our current practices, as well as our activities over the prior twelve (12) months.

Personal Information We Collect

We may obtain the personal information listed in the “Personal Information We Collect” section from offline sources as well as through our Website. We may also obtain the following personal information from online and offline sources:

  • Personal Information Described in Cal. Civ. Code § 1798.80(e), including name, address, telephone number, education and employment information, or employment history.
  • Audio, Electronic, Visual, or Similar Information, including voicemails and audio recordings.
  • Inferences drawn from other personal information we collect, in order to create a profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Retention of Personal Information

We maintain personal information for as long as is necessary for the purposes described in this Privacy Policy, or as otherwise authorized or permitted by applicable laws or regulations, including where retention of your personal information is reasonably necessary to manage your relationship with us, carry out our operations, or satisfy another purpose for which we collected the personal information; carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or protect or defend our rights or property.

Where personal information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the details in the “Contact Us” section below.

California Privacy Rights

Under the CCPA, California residents have certain rights regarding their personal information, including the:

  • Right to know. You have the right to request the following information:
    • The categories of personal information MannKind has collected about you.
    • The categories of sources from which the personal information was collected.
    • The purposes for collecting, selling, or sharing personal information.
    • The categories of third parties to whom MannKind discloses personal information.
    • The specific pieces of personal information MannKind has collected about you.
  • Right to request deletion. You have the right to request that we delete personal information we collected from you, subject to certain exceptions.
  • Right to correct inaccurate information. You have the right to request that we correct personal information we maintain about you that you believe is inaccurate.
  • Right to opt out of sales and sharing of personal information. You have the right to opt out of the sale of your personal information, and to request that we do not share your personal information for cross-context behavioral advertising. However, this right is not applicable because we do not sell or share the personal information of California consumers, as defined by the CCPA.
  • Right to limit use and disclosure of sensitive personal information. California residents have the right to limit the use and disclosure of their sensitive personal information if it is used or disclosed in certain ways. We do not use or disclose sensitive personal information for purposes that would trigger this right under the CCPA.
  • Right to Be Free from Discrimination. We will not discriminate against you for exercising any of your rights under the CCPA.

Submitting a California Privacy Rights Request

To submit a request related to your privacy rights, please contact us at compliance@mannkindcorp.com.

When you submit a request, we may need specific information from you to help us confirm your identity before we fulfill your rights request. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. You may designate an authorized agent to make the request on your behalf. An authorized agent must submit proof to us that he or she has been authorized by you to act on your behalf, and you may still need to verify your identity directly with us before we can process the request.

No Sale or Sharing of Personal Information

We do not sell or share personal information about California residents.

Safeguards

We implement reasonable technical, organizational, and administrative measures to safeguard personal information. We use a variety of industry-standard security technologies and procedures to help protect personal information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or method of electronic storage is completely secure. Therefore, while we use reasonable efforts to protect your personal information, we cannot fully eliminate such risks.

Children’s Privacy

The Website is not intended for, nor targeted to, children under 13, and we do not knowingly collect any personal information from children under 13. If we become aware that we have received personal information from a person under the age of 13, we will delete the information in accordance with applicable law.

Third-party Websites and Online Services

As a convenience to our visitors, our Website may contain links to a number of websites or online services that we believe may offer useful information, including websites that link to clinical trial and medical information. This Privacy Policy and procedures described herein do not apply to such websites or their content, or to any collection of your personal information after you click on links to such third-party websites or services. We are not responsible or liable for the content or privacy policies of websites or services that we do not control, and the inclusion of a link to another website or online service does not imply our endorsement. We encourage you to review the terms, policies, privacy statements, and settings of these other websites to learn more about their data practices.

Users Outside the United States

By accessing our Website, you acknowledge your personal information may be transferred to and processed in jurisdictions outside your own, including the United States, as described in this Privacy Policy. Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States or other countries may be different from the laws in your country of residence.

Contact Us

If you have any questions regarding this Privacy Policy, please contact us using any of the following methods:

Phone: (844) 595-1678

E-mail: compliance@mannkindcorp.com

Changes to This Privacy Statement

This Privacy Policy may be amended from time to time for any reason, as indicated by the “Last Updated” date at the top of this Privacy Policy. Each time you use the Website, the current version of this Privacy Policy will apply. We will notify you of any changes to our Privacy Policy by posting a new Privacy Policy on this page. You should consult this Privacy Policy regularly for any changes.