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Privacy Policy

CELLDEX THERAPEUTICS, INC.

PRIVACY POLICY

Effective as of May 9, 2017

Celldex Therapeutics, Inc. (“Celldex™,” “we,” “us,” or “our”) provides this Privacy Policy because we know that you care about how your information is collected, used, shared and retained. This Privacy Policy applies to information collected when you visit our websites at: http://www.celldex.com and http://triplenegativebc.com (the “Sites” or “Site”), request our publications, contact us via the Sites, or purchase and use our products and services (“Products”), including through participation in a clinical trial for our Products or through expanded access/compassionate use of our Products. As of the effective date of this Privacy Policy Celldex does not have any marketed Products, however, the term “Product” can refer to both marketed and investigational drugs.

By visiting our Site, or using our Products, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy have the meaning ascribed to them in the Terms of Use.

What Information We Collect; the Purpose of Collection and Use

We collect the following categories of information.

Contact Information: We now or in the future may collect contact information on our Site from visitors who wish to obtain information, scientific publications, subscribe to our email alerts and contact us with questions. Contact information is provided via browser forms and may include first name, last name, e-mail address, job title, name of the organization, country, state/region and phone numbers (fax, cell and/or landline), and other information necessary for us to properly respond. This contact information is used by our public relations, investor relations, service and product teams to contact our Site visitors, and to compile and deliver our response.

Clinical Trial Information: Celldex conducts research studies under the jurisdiction of the U.S. Food and Drug Administration (“FDA”) and other equivalent foreign regulatory authorities regarding the effectiveness and safety of our Products (“clinical trials”). Your participation in a clinical trial is completely voluntary, and requires that you expressly consent in writing to the scope of the research to be conducted using the information gathered from and about you during the clinical trial of our Products (“Clinical Trial Information”) which may include, but is not limited to, your medical history, disease state, information regarding biological specimens and tissue samples, and adverse events. The form and substance of your consent must conform to applicable law. We may receive Clinical Trial Information from third parties such as contract research organizations and clinical sites. We use your Clinical Trial Information for the general research purposes for which it was originally collected and for research that is consistent with your original consent, or to which you have subsequently consented.

Key-Coded Data. Researchers use uniquely key-coded Clinical Trial Information so as not to reveal the identity of the individual data subject, and then retain the unique key code. When the unique key code is held only by the researcher and not given to Celldex, then a transfer of such Clinical Trial Information from the European Economic Area to the United States does not constitute a transfer of personal data and is not subject to the Privacy Shield.

Google Analytics: Like most organizations, we rely on automatic data collection technology (Google Analytics) when you visit our Site. Google Analytics may use tracking technologies such as but not limited to cookies to collect information on our behalf such as your IP address, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Site you visit, number of links you click while on the Site, search terms, and other data. By accessing and using the Site, you consent to the processing of data about you by Google Analytics in the manner and for the purposes set out in this Privacy Policy. For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Site.

Operations. We also collect Site health diagnostics, and technical logging information

Cookies. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visits to our Site and other sites as described under “Google Analytics,” above. If you do not want us, Google Analytics or the Site to place a cookie on your hard drive, you may be able to turn that feature off on your device. Please consult your Internet browser’s documentation for information on how to do this, such as by using your browser in private mode to block cookies. However, if you decide not to accept cookies from our Site, the Site may not function properly.

Aggregate Data. In an ongoing effort to better understand our users and the Site, we might analyze your information in aggregate form to operate, maintain, manage, and improve the Site. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our Products and the Site to current and prospective business partners and to other third parties for other lawful purposes.

Additional Uses. We also use Contact Information and Site usage information collected pursuant to this Privacy Policy to respond to general inquiries, solicit feedback regarding our Site, provide relevant content on our Site and to communicate with you via email regarding our current and future Products.

Onward Transfer to Third Parties. Like many businesses, we hire other companies to perform certain business and research related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that now or in the future may receive personal information and their functions are: direct marketing assistance, distributors/resellers, data storage, hosting services, disaster recovery services, sales support, and translation services. All such third parties function as our agents, performing services at our instruction and on our behalf pursuant to contracts which require they provide at least the same level of privacy protection as is required by this privacy policy and implemented by Celldex. We may also disclose personal information to our affiliates in order to support marketing, sale and delivery of Products. You may opt out of having your personal information transferred to any or all of our categories of agents by contacting us at CelldexPrivacy@celldex.com. Please allow us a reasonable time to process your request.

Opt-In to Certain Onward Transfers.

We will not transfer your personal information to a third party acting as a controller without first providing you with information regarding the identity of such controller or the nature of such controller’s business, and obtaining your opt-in consent. You may grant such consent by emailing us at CelldexPrivacy@celldex.com.

We will not disclose your sensitive personal information to any third party without first obtaining your opt-in consent. You may have granted such consent when you agreed to participate in a clinical trial of our Product. If you have not yet granted such consent, you may do so by emailing us at CelldexPrivacy@celldex.com.

In each instance, please allow us a reasonable time to process your response.

Business Transfers. In the event of a merger, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this privacy policy.

Disclosure to Public Authorities. We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

Disclosure to Regulatory Authorities and Researchers. We may disclose your Clinical Trial Information to government regulators in the United States and equivalent foreign regulatory authorities for regulatory and supervision purposes. We may also disclose your Clinical Trial Information to public and/or private researchers, consistent with the principles of notice and choice set forth under “Clinical Trial Information” above.

Opt-Out for Direct Marketing; Email Management. You may opt out at any time from the use of your personal information for direct marketing purposes, and/or the transfer of your personal information to third parties for direct marketing purposes, by emailing us at CelldexPrivacy@celldex.com. Please allow us a reasonable time to process your request.

You may also manage your receipt of marketing and non-transactional communications by clicking on the “Manage Email Preferences” link located on the bottom of any Celldex marketing email and following the instructions found on the page to which the link takes you. You cannot opt out of receiving transactional e-mails related to your requests for information or materials.

Access to personal information. Upon request to CelldexPrivacy@celldex.com, we will provide you with confirmation as to whether we are processing your personal information, and have the data communicated to you within a reasonable time. You have the right to access, correct, amend or delete your personal information where it is inaccurate or has been processed in violation of this privacy policy. We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.

If you are participating in a “blinded” clinical trial for one of our Products, then we must decline your request to access your Clinical Trial Information during the trial, provided that this restriction was explained to you when you entered the trial and the disclosure of such information would jeopardize the integrity of the research effort. Following the conclusion or other termination of the blinded clinical trial and analysis of the results, you may have access to your Clinical Trial Information upon request. We recommend that you first request your Clinical Trial Information directly from your health care provider in the clinical trial and secondarily from us.

If you withdraw, or are asked to withdraw, from a clinical trial of our Products, your Clinical Trial Information collected previously to your withdrawal may still be processed along with other data collected as part of the clinical trial, if this was made clear to you in the notice at the time you consented to participate in the clinical trial.

Retention of personal information. We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.

How we protect your Information. Celldex takes very seriously the security and privacy of the personal information that it collects pursuant to this Privacy Policy. Accordingly, we will implement reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations.

Children. We do not knowingly collect any personal information from children under the age of 13 through the Site. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policy by instructing their children never to provide personal information to us without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at CelldexPrivacy@privacy.com, and we will endeavor to delete that information from our databases.

Links to External Sites. The Site may contain links to third party websites (“External Sites”). Celldex has no control over the privacy practices of these External Sites. As such, we are not responsible for the privacy policies of those External Sites. You should check the applicable third party privacy policy and terms of use when visiting any External Sites, and before providing any personal information to such External Sites.

Important Notice to All Non-U.S. Residents. Our servers may be located outside of the U.S. and the European Economic Area. If you are located outside of the U.S., please be aware that any information provided to us, including personal information, will be transferred from your country of origin. Except in the case of data transfers under the EU-U.S. Privacy Shield Framework and the U.S.-Swiss Privacy Shield Framework, your decision to provide such data to us, or allow us to collect such data through our Site, constitutes your consent to this data transfer.

Important Notice For Residents of the European Economic Area and Switzerland. Celldex complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the European Union member countries (including Iceland, Liechtenstein and Norway), and Switzerland to the United States, respectively. Celldex has certified that it adheres to the Privacy Shield principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, Recourse, Enforcement and Liability (the “Privacy Shield Principles”). With regard to the Principle of Accountability for Onward Transfer, for example, we remain liable if our agent processes such personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage. If there is a conflict between this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

Celldex is subject to the investigatory and enforcement powers of the Federal Trade Commission.

In compliance with the EU-U.S. and the Swiss-U.S. Privacy Shield Principles, Celldex commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact Celldex at CelldexPrivacy@celldex.com. Celldex has further committed to refer unresolved privacy complaints under the EU-U.S. and the Swiss-U.S. Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Celldex, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. If these processes do not result in a resolution, you may also contact your local data protection authority, the U.S. Department of Commerce, and/or the Federal Trade Commission for assistance. If your complaint still remains unresolved, then you have the right to invoke binding arbitration by the Privacy Shield Panel upon written notice to Celldex at CelldexPrivacy@celldex.com.

Product Safety and Efficacy Monitoring. As a pharmaceutical company, Celldex does not have to apply the Privacy Shield Principles with respect to the Notice, Choice, Accountability for Onward Transfer, and Access Principles in its product safety and efficacy monitoring activities, including the reporting of adverse events and the tracking of patients/subjects using certain medicines or medical devices, to the extent that adherence to the Privacy Shield Principles interferes with compliance with regulatory requirements. This is true both with respect to reports by, for example, health care providers to pharmaceutical companies, and with respect to reports by pharmaceutical companies to government agencies like the FDA.

California Privacy Rights. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Celldex via email at CelldexPrivacy@celldex.com. Celldex does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

Changes to this Privacy Policy. This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any changes on the Site as soon as they go into effect. By accessing the Site or using our Products after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us. If you have questions about this Privacy Policy, please contact in one of the following ways:

E-mail us at CelldexPrivacy@celldex.com.