Supplemental Notice for California Consumers

This privacy policy applies to all the Lexicon Pharmaceuticals websites and online resources that link to it as well as information that we may otherwise collect from or about you in connection with our products and services. Lexicon Pharmaceuticals (“Lexicon”) respects the privacy of our consumers and visitors to our websites and online resources, and we want to give you the opportunity to understand what information we collect about you and your choices about our use of that information.

Please read this entire Privacy Policy before using this website or online resource or submitting information to us. By using this website or online resource or otherwise providing us with your information, you agree to the terms of this Privacy Policy and any other terms applicable to this website or online resource, including Terms of Use.

Data We Collect and How We Use It

Personal information is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It includes your name, address, email, telephone number, survey information, or registrations.

Our website or other online resource may allow you to submit personal information to us. We may also collect personal information from or about you through other methods, including surveys, event registrations, interactions with our employees through consumer hotlines or other methods, and purchase of our products or use of our services. Lexicon, or companies hired by Lexicon, may use this information to respond to an email or other inquiry or request, to help improve our website and our services, or to send updates or notices about our company and the products we offer that we think may be of interest to you. We may occasionally refer to that information to understand your needs and better serve you by improving our products and or services. We may also use your personal information to invite you to participate in market research activities.

We may combine personal information you provide with other information we collect about you, as well as records provided by other entities. We use this consolidated information to help us improve our products and services, monitor and better design our websites and online resources, and for other marketing, research, and business activities.

This website or online resource may also collect personal information automatically. Some of this personal information is directly identified or identifiable while other information is not identifiable. We use this information to learn more about use of our websites and online resources, to otherwise

improve or administer them, and to provide targeted online marketing communications. The information and techniques we use to collect it include:

Internet Protocol Addresses

Our server automatically captures the Internet Protocol or IP Address of each connection to our site, as well as the pages visited during that connection. An IP address is a number assigned by your internet service provider to your connection. This number may change each time you connect to the internet (a dynamic IP address) or it may remain constant (a static IP address).

Cookies

This website or online resource may use tracking technologies called “cookies.” A cookie is a token that a server gives to your browser when you access a website. They store many types of data and help provide additional functionality to our website. For example, they allow our server to recognize when you have previously visited our site. Cookies may be placed on your computer by us and by other entities with whom we have a relationship, like web analytic service providers and advertising networks. Your browser may allow you to change your settings to notify you when you receive a cookie and give you the option to accept it or to automatically refuse all cookies. Please be aware that some functionality of our website relies on the use of cookies and may not be available should you choose to refuse cookies.

Web Beacons

On certain web pages and online resources, as well as in emails we send to you, we may utilize a technology called a “web beacon” (also known as an “action tag” or “clear GIF technology”). We use web beacons, for example, to help determine which email messages sent by us were opened and whether a message was acted upon. Web beacons also help analyze the effectiveness of websites by measuring, for example, the number of visitors to a site or how many visitors clicked on key elements of a site.

Social Plugins

This site or resource may use social plugins (e.g., the Facebook “Like” button) to enable you to easily share information with others. When you visit our site, the operator of the social plugin may be able to place a cookie on your computer, enabling that operator to recognize individuals who have previously visited our site. If you are logged into the associated social media website (e.g., Facebook) while browsing on our website, the social plugin allows that social media website to receive information that you have visited our site. The social plugin may also allow the social media website to share information about your activities on our site with other users of their social media website. For more information about the information shared via a particular social media plugin, you should refer to that social media site’s privacy statement.

Response to Do Not Track Signals

Certain web browsers and other programs may be used to signal your preferences to Lexicon about how or whether Lexicon or other entities may collect information about your online activities. Currently, our websites and online resources do not respond to such “do not track” signals.

How We Disclose Data

We may transfer the information we obtain from you to our affiliates, business partners, and service providers. In such cases, we will require that the other entity agree to treat your personal information in accordance with this policy and use it for the same purposes. At all times, however, Lexicon reserves the right to disclose information where required by law or to comply with valid legal process (such as a search warrant, subpoena, or court order), to protect the company's rights or property, including without limitation the right to transfer the data in the event of a transfer of control of Lexicon or the sale of substantially of all its assets, or during emergencies when safety is at risk. In the event of a transfer of control of Lexicon or the sale of substantially all its assets, your continued use of this website signifies your agreement to be bound by the privacy statement and other applicable terms of the subsequent owner or operator.

Individuals under 18 years old

Lexicon’s websites and online resources are not intended for individuals under 18 years old, and we do not knowingly collect any personal information from individuals under 18 years old. However, if the parent or the guardian of an individual under 18 years old believes that the individual has provided us with personal information, the parent or guardian of that individual should contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and may request this information be deleted from our files. Anyone under 18 years old should seek permission from their parent or guardian prior to using or disclosing any personal information on this site.

How You Can Control Data About You

We want to be sure that we keep only the most accurate and up-to-date information about you in our records. Therefore, whenever you believe that your contact information needs to be updated, you can email us at This email address is being protected from spambots. You need JavaScript enabled to view it. to correct or update it. You may choose at any time to remove your name, telephone number, and postal and email addresses from our marketing lists by sending an email with your request to This email address is being protected from spambots. You need JavaScript enabled to view it..

Data Integrity and Security

Lexicon takes reasonable steps to protect personal information that is submitted to us via our website and online resources from unauthorized access during its transmission. You should keep in mind, however, that no internet transmission is ever 100% secure or error free. In particular, email sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via email. Where you use passwords, ID numbers, account log-ins, or other special access features on this site, it is your responsibility to safeguard your access credentials.

Transfer of Information Across International Boundaries

The Lexicon websites and online resources that link to this policy are operated in the United States. However, the information you provide may be accessible by our affiliates, business partners, and service providers in other countries. This website is not intended for use by non-US residents. If you are visiting this site from a country other than the United States, your communication with us will necessarily result in the transfer of information across international boundaries. The level of legal protection for personal information is not the same in all countries. By using this site, you consent to the collection, storage, and processing of your information in the United States and in any country to which we may transfer your information in the course of our business operations.

Links to Other Websites

Lexicon websites may provide links to other websites as a service to our visitors. These are websites we believe may have helpful information. However, Lexicon does not endorse and is not responsible for the content of third-party sites. Nor does Lexicon have any control over information you may choose to provide to those sites. The privacy policy described here does not apply to other entities’ sites, even if they are linked to Lexicon websites. Some websites you visit may have their own privacy policies or no policy at all. Other websites might use personal information differently than our policy permits. We strongly encourage you to review the privacy policies of any site before providing any personal information.

Changes

From time to time, Lexicon may decide to modify its practices and policies, and we reserve the right to revise this Online Privacy Policy at any time. Any information that you submit will be used by Lexicon and the companies we hire in a manner that is consistent with the Online Privacy Policy in effect at the time you submitted the information.

Supplemental Notice for California Consumers

This Supplemental Notice for California Consumers (“Supplemental Notice”) provides information required under the California Consumer Privacy Act of 2018, as amended (“CCPA”) and describes California residents’ right to know, right to delete, and right to object to the sale of Personal Information that Lexicon (“we,” “us,” or “our”) collected about them through online and offline activities. Any terms defined in the CCPA have the same meaning when used in this Supplemental Notice.

This Supplemental Notice applies only to information collected about California residents. This Supplemental Notice is parallel in scope to our Corporate Privacy Policy Statement.

Definitions Specific to this Policy

The CCPA includes definitions for terms specific to this Supplemental Notice that either do not apply to Lexicon’s Corporate Privacy Policy Statement or provide additional detail to definitions provided in the Corporate Privacy Policy Statement, including the following terms:

Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include publicly available information obtained from government records; deidentified or aggregated consumer information that are protected by technical safeguards and business processes against being reconstructed to identify you; or certain information governed by or collected from certain activities governed by other federal or California state laws. In this

Supplemental Notice, we use the following Categories of Personal Information to describe the Personal Information we collect, use, and share about consumers:

Biometric Information

Biometric information, including an individual’s physiological, biological, or behavioral characteristics (including DNA) to the extent it can be used to establish individual identity. Biometric information consists of, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template (such as a faceprint, a minutiae template, or a voiceprint) can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.

Commercial Information

Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Education Information

An individual’s education information, including academic information and records.

Electronic and Sensory Data

Audio, electronic, visual, thermal, olfactory, or similar information (e.g., a recording of a customer service call or profile photograph).

Financial Information

Financial information, including bank account number, credit or debit card number, or other financial information.

Identifiers

Identifiers, such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers, e.g., NPI number.

Inferences

Inferences drawn from any of the information listed above to create a profile about an individual reflecting the individual’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. (e.g., predications about an individual’s preferences or tendencies).

Health Insurance Information

Health insurance information, including an individual’s insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in the individual’s application and claims history.

Geolocation Data

a An individual’s precise geolocation data.

Medical Information

Medical information, including any information in possession of or derived from a healthcare provider, healthcare service plan, pharmaceutical company, or contractor regarding an individual’s medical history, mental or physical condition, or treatment.

Network Activity Data

Internet or other electronic network activity information, such as browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement.

Professional Information

An individual’s professional or employment-related information.

Protected Characteristics

Characteristics of protected classifications under California or federal law, such as race, gender, physical or mental disability, and religion.

Written Signature

An individual’s written signature.


Sale” or “Sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information by the business to another business or a Third Party for monetary or other valuable consideration.

 “Service Provider” means certain for-profit legal entities that process information on behalf of us and to which we disclose your Personal Information for a defined business purpose pursuant to a written contract that prohibits this Service Provider from retaining, using, or disclosing your Personal Information for any purpose other than for the specific purpose of performing the services specified in the contract.

 “Third Party” means another business, other than a Service Provider, that collects your Personal Information.

The Personal Information We Collect and Share

The types of Personal Information we collect, disclose, and Sell depends on your relationship and interaction with Lexicon. Please review the Consumer Type below that applies to your relationship or interaction with Lexicon to learn about the Categories of Personal Information we have collected about you in the preceding 12 months, the sources from which the personal information is collected, the purposes for collecting personal information, and the categories of Third Parties to whom we disclose each Category of Personal Information. Lexicon does not Sell your Personal Information. If you interact with Lexicon in more than one way, please review each Consumer Type below that applies to you in order to learn about the Personal Information we collect and how we use and share it in connection with each particular relationship.

Patients

Categories of Personal Information

Third Parties to Whom We Disclose Personal Information

Identifiers data

Service providers; business partners; and regulatory authorities.

Health insurance information

Service providers.

Medical information

Service providers.

Network activity

Service providers and business partners.

Protected characteristics

Service providers.

Written signatures

Service providers.


We collect the categories of patient Personal Information indicated above for the following purposes:

  • To contact you regarding disease and medication information, including promotional communications about our products and services.
  • Upon the request of the consumer or the consumer’s healthcare provider, to provide consumers with products or services.
  • To monitor the safety and efficacy of our products and report adverse events.
  • To administer our website, including monitoring and improving website functionality.
  • To conduct business or marketing research.
  • To conduct research regarding medical conditions, treatments, or therapies.
  • To oversee access to our facilities or properties.
  • To audit programs and services for compliance purposes.
  • To prepare for and/or manage business activities, including managing relationships with consumers.
  • To evaluate eligibility for our products or services.

Caregivers

Categories of Personal Information

Third Parties to Whom We Disclose Personal Information

Identifiers; Protected characteristics

Service providers.

Health insurance information

Service providers.

Network activity data

Service providers and business partners.

Written signature

Service providers.


We collect the categories of caregiver Personal Information indicated above for the following purposes:

  • To contact you regarding patient’s disease and medication information, including promotional communications about our products and services.
  • Upon the request of the consumer or the consumer’s healthcare provider, to provide consumers with products or services.
  • To administer our website, including monitoring and improving website functionality.
  • To conduct business or marketing research.
  • To conduct research regarding medical conditions, treatments, or therapies.
  • To oversee access to our facilities or properties.
  • To audit programs and services for compliance purposes.
  • To prepare for and/or manage business activities, including managing relationships with consumers.
  • To evaluate eligibility for our products or services.

Healthcare Professionals

Categories of Personal Information

Third Parties to Whom We Disclose Personal Information

Commercial information

 

Service providers.

Education information; Identifiers

Service providers and regulatory authorities.

 

Financial information

Service providers and regulatory authorities.

 

Inferences

Service providers.

Geolocation data

Service providers.

Professional information

Service providers.

Network activity data

Service providers and business partners.

Written signature

Service providers.


We collect the categories of healthcare professional Personal Information indicated above for the following purposes:

  • Commercial.
  • Medical.
  • Website feature.
  • Meeting our contractual obligations to you, if you provide us with services.
  • Identifying and engaging scientific experts.
  • Providing information about an event you are attending or may be interested in attending.
  • Providing you information about information about our products and services.
  • To administer our website, including monitoring and improving website functionality.
  • To fulfill federal and state reporting obligations.
  • Determining whether you have patients who are potential candidates for our product.
  • Tailoring our communications to you.
  • Conducting business and marketing research.
  • To better understand the market for our existing products and services, and potential new products and services, and to adjust our research, development, and marketing strategies accordingly.

Website Visitors

Categories of Personal Information

Third Parties to Whom We Disclose Personal Information

Identifiers; Network activity data

Service providers and business partners.


We collect the categories of website visitor Personal Information indicated above for the following purposes:

  • Commercial.
  • Medical.
  • To administer our website, including monitoring and improving website functionality.
  • Auditing related to our current interactions with you including counting ad impressions and unique visitors to our website.
  • Detecting security incidents and other fraudulent activity.
  • To personalize your website experience.
  • To provide targeted online marketing communications.
  • To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.

Investors

Categories of Personal Information

Third Parties to Whom We Disclose Personal Information

Identifiers

Service providers.


We collect the categories of investor Personal Information indicated above for the following purposes:

  • To contact you regarding ongoing engagements and investment opportunities.

For all consumers, we collect data about you from the following sources:

  • Directly from consumer.
  • From health care providers including specialty pharmacies.
  • From contracted vendors.
  • From publicly available sources.
  • From patients to whom you provide care (applicable only to HCPs)

We will not collect a category of Personal Information not listed above or use any Personal Information collected in any of the above categories for a business purpose materially different than those listed above without first providing you with additional notice.

Your Right to Submit Requests

If you are a California resident, you have the following rights under the CCPA with respect to your Personal Information:

  • Right to Notice. Before or at the time we collect Personal Information from you, you have the right to receive notice of the Personal Information to be collected and the purposes for which we use it.
  • Right to Know. You also have the right to request that we disclose to you the Categories of Personal Information we have collected about you in the preceding 12 months, along with the categories of sources from which the personal information was collected, the purpose for collecting or selling the personal information, the categories of Third Parties with whom we shared the personal information, and the categories of Third Parties with whom we sold the personal information. You may make such a request up to twice in a 12-month span.
  • Right of Access. You have the right to request that we disclose or provide you with access to the specific pieces of Personal Information we have collected about you in the preceding 12 months.
  • Right to Deletion. You have the right to request that we delete the Personal Information we collect from you. However, in certain situations we are not required to delete your Personal Information, such as when the information is necessary in order to complete the transaction for which the Personal Information was collected, to provide a good or service requested by you, to comply with a legal obligation, to engage in research, to secure our websites or other online services, or to otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.

You can exercise your rights by calling (877) 472-2110 (English) or (800) 216-1288 (Spanish). Please note that there are circumstances in which we may not be able to comply with your request pursuant to the CCPA, including when we cannot verify your request and/or when there is a conflict with our own obligations to comply with other legal or regulatory requirements. We will notify you following submission of your request if this is the case.

Verification Process

We value the security and confidentiality of your Personal Information. Therefore, if you exercise your right to know, right to access, or right to deletion, we must first verify your identity to make sure that you are the person about whom we have collected Personal Information. We verify every request carefully.

  • When you submit a request, please indicate the specific reason why you are contacting us.
  • We will assess what Personal Information we have about you that we can use to verify your request and let you know how to proceed.
  • For requests submitted jointly by all the members of your household, we ask account holders submit the request through your account. If you do not have an account with us, we will assess what personal information we have about each member of your household that we can use to verify their identity and let each of you know how to proceed.

You may also authorize a business entity or natural person registered with the California Secretary of State to submit these requests on your behalf. To do so, you may designate directly with us another person who may act on your behalf by providing us with a signed copy of power of attorney or inform us that you authorize a specific individual to submit requests on your behalf, or ask the authorized agent to provide us with a copy of your written permission and a scanned copy of their own government-issued ID. Even if you use an authorized agent to exercise your rights on your behalf, pursuant to the CCPA, we may still require that you verify your own identity directly to us.

Disclosure about Direct Marketing

Lexicon does not disclose Personal Information to other entities for their direct marketing purposes.

Contact Us

If you would like additional information regarding our Supplemental Notice, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it.. California residents who are unable to review or access this Supplemental Notice due to a disability may email us at This email address is being protected from spambots. You need JavaScript enabled to view it. or call (877) 472-2110 (English) or (800) 216-1288 (Spanish) to access this Supplemental Notice in an alternative format.

Changes to Our Supplemental Notice

Lexicon reserves the right to amend this Supplemental Notice at our discretion and at any time. When we make material changes to this Supplemental Notice, we will notify you by posting an updated Supplemental Notice on our website with the effective date.