Privacy

Nektar respects your right to privacy

Nektar Therapeutics and its affiliates (“Nektar”) obtain and use personal information about individuals as part of our business. This Privacy Policy explains how Nektar uses, shares and protects personal information that it collects, including on websites operated by Nektar (“Site”).

This Privacy Policy provides a general statement of the ways in which Nektar protects your personal information. This Privacy Policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information. The revised Privacy Policy will be effective immediately upon posting to our Site.

By visiting and using the Site, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree, please do not use or access the Site. Nektar may update this Privacy Policy from time to time. You are encouraged to review this Privacy Policy regularly for any changes.

The Sources of Information

Nektar collects personal information from you in various ways, including when you visit the Site. The personal information we collect about you will vary by context and may include:

• Your name and contact details;
• Company, institution or hospital name and address;
• Your CV and related documents; and
• Your activity on the Site.

We also may collect information you provide us regarding your study and details regarding its rationale and objectives.

Nektar understands the inherent privacy risks involved in using the Internet. This Privacy Policy describes privacy practices that apply to the entire Nektar family of external Web sites. Please note that these sites may contain links to third-party Web sites over which Nektar maintains no control and therefore takes no responsibility regarding privacy considerations or content. Generally, you may browse Nektar's Web sites anonymously. However, on some occasions we may ask you to provide identifying information. Wherever possible, we try to provide you with opportunities to review and change any personal information that is collected. Nektar may update this Privacy Policy from time to time. You are encouraged to review this statement regularly for any changes.

Children's Privacy

This Site is not intended for children. We do not knowingly collect personal information from children under the age of 13, and in the event that we learn that a child under the age of 13 has provided information on our Site, we will delete that information as soon as possible.

Why we collect information online

Nektar collects information online to enhance your use of our Web sites, to determine what products and services you desire, to provide you requested customer services, to allow you convenient access to our current products and services and to make our future products and services available to you.

Summary of information that Nektar gathers online

Nektar collects two types of information from visitors to our Web sites: (1) information gathered by analyzing page views and user navigation patterns, and (2) information that you provide directly when you use various Nektar services or participate in various Nektar programs.

How Nektar uses the information gathered online; Disclosure of your information to third parties

Because Nektar is a worldwide company some of your information may be shared with internal Nektar business units and affiliated companies around the world to help Nektar create and deliver products and services for our customers. By submitting data and information to Nektar, for example, as part of the expanded use form or ISR submission form and any related or follow-up submissions to Nektar that you may make, you acknowledge and consent to the use by Nektar of all data and information (including personal information) you submit for all purposes related to your request. You also acknowledge and consent that Nektar has the right to disclose the data and information that you submit to any of the following: Nektar business units and affiliated Nektar companies, companies and individuals with which Nektar contracts for services or advice, and other companies and individuals with which Nektar may enter into or has entered into collaborations relating to the research, development and/or commercialization of Nektar drugs.

We may use your personal information for multiple purposes, including but not limited to:

Right to Object – please note that you may have a right to object to the processing of your personal information where that processing is carried out for Nektar’s legitimate interests.

For United States residents, we undertake marketing only in compliance with the CAN-SPAM Act, the Telephone Consumer Protection Act, and other applicable law. For European (EU and UK) residents, we undertake marketing only with your express affirmative consent and in compliance with applicable data privacy laws. European (EU and UK) residents will not be added to the marketing lists unless they have already provided express affirmative consent consistent with applicable data protection laws.

Nektar uses tracking information to identify the areas of our Web sites that are most heavily utilized. We do this to improve the usefulness and effectiveness of our Web sites by creating and delivering content that is most useful to you. The information that you provide while visiting Nektar's Web sites will be used to improve the sites, to provide interactive or personalized elements on the sites, and to prepare future content based on your interests.

Nektar uses information that you voluntarily provide to allow you to participate in online programs, services (including online ordering, order tracking and technical support) and promotions. Sometimes we will use third parties to administer our programs, services or promotions. In such instances we may share your information with those third parties solely for the purpose of performing their administrative functions.

Nektar may use information that you voluntarily provide to send you electronic newsletters and information regarding products and programs. We use demographic information you provide to target our newsletters and information to the appropriate audience. Nektar may also share your information with other reputable technology companies whose products or services we think you may find interesting. If you do not wish to receive these newsletters or have your information shared with other companies simply email your request to marketing@nektar.com.

Nektar uses email as an avenue with which to provide customer service and technical support. We may use information that you voluntarily provide us to contact you in an attempt to resolve a prior issue or to proactively notify you of technical issues which may affect you. We may also use this information to invite you to participate in a voluntary survey to help us improve our programs and services.

Nektar may disclose your personal information to investigate, establish, and protect Nektar’s legal rights and interests. Under limited circumstances, your personal information may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations; and to otherwise cooperate with law enforcement or regulatory authorities.

We may transfer or share a copy of personal information about you in the event that Nektar or one of its assets, affiliates, or subsidiaries goes through a business transition, such as a merger, being acquired by another company, being reorganized or liquidated, or by selling a portion of its assets. Nothing in this Privacy Policy is intended to interfere with the ability of Nektar to transfer all or part of its business and/or assets to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever, including during any diligence process.

International Transfers

Nektar’s corporate headquarters are located in the United States. Therefore, all personal information submitted to us will be transferred to the United States. By providing us with your personal information, you consent to this transfer to the United States which your country may not consider to provide adequate privacy protections. You may withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. We do not share your personal information with third parties or corporate affiliates for their direct marketing purposes.

Site Security

Nektar is committed to protecting the privacy and confidentiality of your personal information. While we implement security measures to help safeguard your data, no physical or electronic security system is impenetrable. We cannot guarantee the security of our servers or databases, nor can we guarantee that information will not be intercepted in transit over the Internet. Nektar's Web sites use a variety of security measures to prevent the loss, misuse, or alteration of information you send to Nektar. The measures taken to protect your information include the use of secure software encryption (SSL). The personal information you provide, such as credit card data, name and address, are encrypted prior to transmission to Nektar.

Data Quality, Storage, and Access

While we make every effort to ensure that all information we hold about you is accurate, complete and up to date, you can help us by promptly notifying us if there are any changes to your personal information.

We store personal information for different periods of time consistent with the purposes for which they were originally collected, as subsequently further authorized, or when required or allowed under applicable law.

Data Subject Rights

Individuals in the EU, the UK and certain other jurisdictions may have certain rights in relation to their personal information. These rights vary but they may include the right to: (i) request access to and rectification or erasure of their personal information; (ii) obtain restriction of processing or to object to processing of their personal information; and (iii) ask for a copy of their personal information to be provided to them, or a third party, in a digital format. Individuals may also have the right to lodge a complaint about the processing of personal information with a data protection authority.

Nektar has assigned a data protection officer responsible for overseeing Nektar’s compliance with EU data protection law for the processing of personal information European Economic Area. You may contact this individual at dpo@nektar.com if you have questions related to the processing of your personal information.

If you make a request related to information about you, you may be required to supply a valid means of identification as a security precaution. We will process your request within the time provided by applicable law.

Dispute Resolution

If you believe that Nektar may be processing data about you and wish to have access to that information, we can provide you with that data or at least an explanation of why we cannot do so in the particular context, such as if responding to the request would be unreasonably expensive.

Please also let us know if you have any questions, concerns, disputes, or issues. We are open to dialogue to resolve issues. If your concerns cannot be resolved, we can enter into appropriate third-party neutral dispute resolution. If you need to reach us about a privacy or data protection issue, please contact us using the contact information provided on the Site.

A few notes about Cookies

Like many Web sites, Nektar's sites may make use of "cookies" and other technologies, to help track whether our communications are reaching you, to measure their effectiveness, or to collect certain information about your computer, device, or browser in order to allow us to better design future communications to you. A cookie is a short line of text that is created by a Web site and stored in a file on your computer. Cookies are used to store information about your preferences and activity during and after your visit to a Web site. Cookies are also used widely in electronic commerce programs to keep track of which items a user has selected for purchase. Cookies cannot gather any information from your computer other than that which you provide directly or that which is provided routinely by your browser software.

Note that most browsers can be set to tell when a cookie is sent - at which time you can refuse to receive it. If you have set your browser to not accept cookies you may not be able to use or take full advantage of some Nektar Web sites. If you have any questions or feedback concerning Nektar's privacy policy please contact nektar@nektar.com.

Terms of Use

Nektar Therapeutics, a Delaware corporation, is pleased to provide you with the materials on this website for informational purposes. Any visit to the Nektar website pages, or use of this website, constitutes an agreement by you to abide by these terms of use. Nektar reserves the right to delete, modify, or supplement the content of this website at any time for any reason without notification. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms of use.

Confidential, Proprietary or Confidential Information Excluded

Please do not submit any information that is considered confidential, proprietary or private. Submission of a concept does not imply or guarantee endorsement by Nektar. Ultimately, any business relationship between you and Nektar is contingent on an executed agreement.

Restrictions on Your Use of the Nektar Site

By using the Nektar Site, you agree that you must:

• (a) not use the Nektar Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Nektar Site or any operating system;
• (b) not interfere with (or allow a third party to interfere) with the normal processes or use of the Nektar Site;
• (c) not infringe Nektar’s intellectual property rights or those of any third party in relation to your use of the Nektar Site;
• (d) not transmit any material that is confidential, proprietary, private, defamatory, offensive or otherwise objectionable in relation to your use of the Nektar Site;
• (e) not use the Nektar Site in any way that could damage, disable, overburden, impair or compromise Nektar’s systems or security or interfere with other submissions;
• (f) not collect or harvest any information or data from the Nektar Site or Nektar’s systems or attempt to decipher any transmissions to or from the servers running any service; and
• (g) be at least thirteen (13) years of age.

Nektar Proprietary Rights

The Nektar Site and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software and other electronic files, articles, directories, guides, photographs, as well as the trademarks, trade names, trade dress, service marks, copyrights, logos, domain names, code, business methods, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Nektar Site, are owned or licensed by Nektar or other third parties, and are protected from any unauthorized use, copying and dissemination by copyright, trademark, and other intellectual property and non-intellectual property laws and international treaties.

Unless expressly permitted in writing by Nektar, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material on the Nektar Site. Nothing contained on the Nektar Site should be construed as giving you any license or right to use any Material in any manner without the prior written consent of Nektar or such third party that may own the Material or intellectual property displayed on the Nektar Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted for the submission of ISR concepts may infringe upon our rights or the rights of the third party that owns the affected Material. Nektar may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

Trademarks and Copyright

Unauthorized use of any Nektar trademark, service mark, or logo may be a violation of federal and state trademark laws.

This website is protected by U.S. and foreign copyright laws. Except for your informational, personal, non-commercial use, as authorized above, you may not modify, reproduce, or distribute the design or layout of the website, individual sections of the design or layout of the website, or Nektar logos without our written permission.

Forward-Looking Statements

With respect to information accessible through this page that was prepared by Nektar, any statements contained in such information that are not historical facts are forward-looking statements. Such forward-looking statements are necessarily estimates reflecting the best judgment of Nektar senior management based upon current information available when the statements were made. These statements involve a number of risks and uncertainties and are made pursuant to the "safe harbor" provisions of the Private Securities Litigation Reform Act. Nektar actual results may differ materially from the results anticipated in such forward-looking statements as a result of a variety of factors, including those identified in the public filings made by Nektar with the Securities and Exchange Commission and any factors identified in the specific information accessed. All such forward-looking statements should be considered in light of these factors, and there can be no assurance that these factors or other factors will not affect the accuracy of such forward-looking statements.

Disclaimer

THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALTHOUGH NEKTAR WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION ON THIS WEBSITE, NEKTAR MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES THAT THE INFORMATION ON THIS WEBSITE IS OR WILL BE TIMELY, ERROR-FREE, OR COMPLETE.

NEITHER NEKTAR NOR ANY OTHER PARTY INVOLVED IN CREATING THIS WEBSITE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR THE LIKE) ARISING OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THIS WEBSITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO AS A RESULT OF ANY BUGS OR VIRUSES THAT MAY INFECT YOUR COMPUTER PROGRAMS OR EQUIPMENT. THE FOREGOING EXCLUSION OF LOSSES AND DAMAGES SHALL APPLY WHETHER A CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF NEKTAR IS OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

Nektar may make available to the visitor links to third-party websites over which Nektar has no control. Nektar has not reviewed the sites that may be linked to this website, and does not endorse and is not responsible for the content of any other sites. Other sites may be inaccurate or contain discussions regarding unapproved uses of drugs, medical devices, or other products. Your linking to such sites is at your own risk, and Nektar shall not be liable for any damage or injury arising from their content or your use thereof.

Visitor Communications and Security

Any communications you send to this website or otherwise to Nektar electronically will not be considered proprietary to you and will be received on a nonconfidential basis. Nektar is under no obligation to refrain from reproducing, publishing, or otherwise using your communications in any way or for any purpose. You hereby grant to Nektar your consent to use your communications. Without compensation to you or any other person, Nektar shall own and be free to use any such communications, including ideas, inventions, concepts, techniques, improvements, or know-how disclosed therein, for any purpose including without limitation, developing, manufacturing, and/or marketing products and services.

You are responsible for maintaining appropriate security for your computer system. Nektar may employ cookie technology to, among other things, allow users to move more quickly through the site. Cookies are small files a website can use to recognize repeat users and facilitate the user's ongoing access to and use of the site. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. Users should be aware that Nektar cannot control the use of cookies by third parties.

Health Information

Nektar is not engaged in rendering medical, healthcare, or other professional advice.

This website may contain information on medical and health-related topics. This information, including any product data, is for informational purposes only and is not intended to describe or make claims about the safety or efficacy of any product. This information is also not meant to be a substitute for the advice provided by your own physician or other medical professional, and you should not use this information for diagnosing or treating a health problem or disease. You should always consult your own physician before undertaking or changing any medical treatment, drug therapy, or healthcare activities.

Update Policy

Information prepared by Nektar that is accessible through this site is current only as of the date that it was prepared. This information may be incomplete or may have become out of date. Nektar makes no commitment and disclaims any duty to update such information.

Trademarks

All Nektar brand and product names are trademarks or registered trademarks of Nektar Therapeutics or its subsidiaries in the United States and other countries. The following, which appear on this website, are registered or other trademarks owned by the following companies: PEGASYS® and MIRCERA® (F.Hoffmann-La Roche Ltd.); Neulasta® (Amgen Inc.); DEFINITY® (Bristol-Myers Squibb Medical Imaging, Inc.); Somavert® (Pfizer Inc); PEG-INTRON® (Schering-Plough Corporation); Macugen® ((OSI)-Eyetech – Bauch & Lomb); Cimzia® (UCB); Movantik™ and MOVENTIG® (AstraZeneca); SEMPRANA™ and TEMPO® ( Allergan, Inc.); Fovista® (Ophthotech Corporation); ADYNOVATE™ and ADYNOVI™ (Shire plc).