TERMS & CONDITIONS PRIVACY POLICY EXPANDED ACCESS FORWARD LOOKING STATEMENTS PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. This page describes the general terms and conditions applicable to your use of any Ardelyx, Inc. (“Ardelyx”) website. By accessing and using any Ardelyx website, you affirm and agree to all of the following: YOU HAVE READ AND UNDERSTAND THESE TERMS. YOU WILL COMPLY WITH THE TERMS. YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO ENTER INTO CONTRACTS. IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS AND EACH OTHER POLICY LINKED ABOVE, DO NOT USE THE WEBSITE. Ardelyx may modify any website and the rules and regulations governing its use, at any time. Modifications will be posted on the website, so please check back when you use the website. By continuing use of the website after such changes are posted you will be accepting such changes. I. WEBSITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE The content on the website is intended to be a general information resource and does not constitute medical advice. Ardelyx is not engaged in rendering medical or similar professional services via the website, and the information provided is not intended to replace medical advice offered by a physician. If you need such services or advice, consult a professional healthcare provider. II. INTELLECTUAL PROPERTY All content of the website is protected by US and foreign copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content or underlying code contained in the website without Ardelyx’s prior written permission except for your own personal, non-commercial purposes. You may view, use and download a single copy of the website for your informational, non-commercial use. You understand that Ardelyx may discontinue, change or restrict your use of the website for any reason without notice. III. NO WARRANTIES All content on the website is provided to you on an “as is” “as available” basis without warranty of any kind either express or implied. Ardelyx makes no warranty as to the accuracy, completeness, currency or reliability of any content available through the website, or that use of the website will be uninterrupted or error-free. You are responsible for verifying any information before relying on it. The foregoing limitations may not apply in jurisdictions that prohibit exclusion of certain implied warranties. IV. LIMITATION OF LIABILITY Your use of the website or any of its content is at your own risk. Ardelyx specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the website, even if Ardelyx has been advised of the possibility of such damages. Ardelyx does not warrant that the functions contained in the website are free of computer viruses or other harmful components. V. NO DUTY TO UPDATE Although the website is updated periodically, Ardelyx does not have a duty to update information contained in the website. Ardelyx will not be liable for any failure to update such information. VI. LINKS The website may contain links to website operated by other parties. The linked sites are not under the control of Ardelyx, and Ardelyx is not responsible for the content available on any other internet sites linked to the website. Such links do not imply Ardelyx’s endorsement of material on any other site and Ardelyx disclaims all liability with regard to your access to such linked website. I you intend to link from another web page to the website, you must adhere to Ardelyx’s linking policy as follows: (i) any link to the website must be a text only link clearly marked “Ardelyx.com” or “Ardelyx website”; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Ardelyx’s name and trademarks; (iii) the link must “point” to the home page (e.g. www.Ardelyx.com) and not to other pages within the website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with or associated with Ardelyx; (v) when selected by a user, the link must display the website on full screen and not within a “frame” on the linking website; and (vi) Ardelyx reserves the right to revoke its consent to the link at any time and in its sole discretion. VII. LOCATION AND GOVERNING LAW The website is operated by Ardelyx from its offices in Fremont, California, USA. The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. Ardelyx makes no representation that the information in the website is appropriate or available for use in other locations, and access to the website from territories where the content of the website may be illegal is prohibited. Those who choose to access the Ardelyx website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. VIII. SEVERABILITY If any provision of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions of Use shall remain in full force and effect. Any provision of these Terms and Conditions of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision. IX. VIOLATIONS AND ADDITIONAL POLICIES Ardelyx reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions and all other the rules and regulations set forth in the website, including the right to block access from a particular internet address to the website. X. QUESTIONS If you have any questions about these Terms and Conditions of Use, please contact the webmaster. This privacy policy applies to your access and use of any Ardelyx, Inc. (“Ardelyx”) website. By using the website, you confirm that you have read and agree to be bound by the General Terms and Conditions of Use, this Privacy Policy, and the related policies linked above. If you disagree with any part of this privacy policy, then please do not use the website. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY AND EACH OTHER POLICY LINKED ABOVE, DO NOT USE THE WEBSITE. Ardelyx may modify any website and the rules and regulations governing its use, at any time. Modifications will be posted on the website, so please check back when you use the website. By continuing use of the website after such changes are posted you will be accepting such changes. Policy Effective Date: September 3, 2020 I. OVERVIEW This Privacy Policy explains the measures that Ardelyx has developed to comply with applicable data protection laws. Please read this carefully to understand what information we collect, how we collect it, how we use it, who we may disclose it to, and how you can manage your personal information. II. GOVERNING LAW We control and operate the website from within the United States of America. Our online privacy practices are governed by the laws of the United States and the State of California, which may differ from privacy laws in your jurisdiction. By submitting your personal information to us through the website, you consent to the transfer of your personal information to any country and its use and disclosure in accordance with applicable US Federal and state laws and with this Privacy Policy. III. INFORMATION WE COLLECT The website may collect some information that identifies you or that can be used to contact or distinguish you as an individual (“Personal Information”). We may need to collect Personal Information about you to provide you with services or information you request, or to facilitate commercial engagements with you. We will only collect Personal Information about you that is necessary for one or more of our legitimate business purposes or is required by law. Through the website we collect the following types of Personal Information: (a) Personal Information that we collect directly from you. We collect Personal Information directly from you when you register with the website through our Investor page, apply for a job on our Careers page, email us through our Contact Us page, subscribe to online services, or otherwise provide information directly to us. The following are examples of Personal Information that we may collect directly from you: Name Contact details (e-mail address, telephone number, mailing address, title, etc.) Username and password Age/Date of birth Government identification numbers Communication preferences Employment history, education history, qualifications, occupation and areas of specialization Social profiles Other Personal Information necessary for the administration of certain online services To learn what kinds of Personal Information we have collected in the past 12 months, click here. (b) Other information that we collect when you visit the website. We use a variety of common, automated data collection technologies, such as internet tags or cookies (“Data Collection Technologies”), to assess how the website is used, to personalize your experience, and to deliver content tailored to your interests. In doing this, we collect information about you when you visit the website. When you request pages on the website, for example, our servers automatically log your internet protocol (IP) address. The IP address is a unique number assigned to your computer to identify it whenever you are browsing the internet. We use the IP address to understand what web pages you visit. The IP address does not identify you personally, but it allows us to maintain communications with you as you move about the website. Generally, these types of data elements (“Other Information”) do not reveal your identity or do not relate directly to you or any other individual. The following are some examples of Other Information we may collect through Data Collection Technologies: Device ID, including IP address Browser and device information, including operating system Aggregated information such as “click stream” information such as entry and exit points for the website (including referring URLs or domains), certain website traffic statistics, page views, and impressions Geolocation (if using a mobile application and you consent to providing it) Other information collected through cookies, pixel tags and similar technologies IV. HOW WE USE YOUR PERSONAL INFORMATION By providing your Personal Information you agree that, where it is permitted by local law, we may use your Personal Information in any of the following ways. (a) General communications and administration: To communicate with you, including by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging To notify you of our new products and services and to provide you with product news and updates, promotional materials or newsletters, tips, or other helpful information To seek your views on our products and services To monitor our regulatory compliance To respond to your requests To improve the content or personalize our communications To create a profile about you to match you with education/awareness programs, collaboration opportunities or obtain services from you To consider your application for employment For our own administrative and quality assurance purposes, such as to perform data analysis to identify usage trends, determine the effectiveness of our promotional campaigns and general operation of our website To improve our level of service For other purposes that may be detailed on the website (b) Product reports. If you contact us regarding a product experience, we may use the Personal Information you provide to generate complaints or adverse event reports. (c) Marketing. We may use your Personal Information for marketing-related activities, including to communicate with you about our products, services, and company and to invite your participation in engagement opportunities (e.g., surveys). You can unsubscribe from marketing communications by clicking the “Unsubscribe” link included in each message. V. HOW WE SHARE YOUR PERSONAL INFORMATION WITH OTHERS We may disclose your Personal Information to certain third parties listed below, including third parties who provide us with various business services. We will not sell your Personal Information. We will not otherwise disclose your Personal Information without your consent, except where such disclosure is reasonably necessary for normal business operations and such disclosure is in accordance with applicable data protection and privacy laws. (a) Third Parties / Service Providers. We may disclose your Personal Information to third-party service providers who provide services to us, such as web hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services. We may also disclose your Personal Information to third parties to perform services you request or functions you initiate on the website. If we allow a third party to have access to your Personal Information, they will only be permitted access for purposes that are consistent with this privacy notice and will be required to protect your Personal Information in accordance with all applicable data protection laws. (b) Law Enforcement. In certain circumstances, we may be called upon to release your Personal Information in response to a court order, subpoena, search warrant, law or regulation. We plan to cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the Personal Information that they may receive. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behavior that is illegal or harmful to individuals or the Personal Information we are responsible for. (c) Regulators and Physicians. If you contact us regarding your experience in using one of our products, we may use the Personal Information you provide as necessary to submit complaint or adverse event reports to local and international health or pharmaceutical regulators, and as otherwise required by law. We also may use the Personal Information to contact the prescribing physician to follow up regarding an unexpected event involving use of our product. (d) Other Legal Reasons. In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations; (6) to protect the rights, privacy, safety or property of Ardelyx, you and others; and (7) to enforce our terms and conditions. VI. HOW WE USE OR SHARE OTHER INFORMATION We use Other Information or additional information that we collect for any purpose not prohibited by law. We may collect, compile, store, publish, promote, report, or otherwise disclose or use all Other Information, provided that such information does not personally identify you. If we combine Other Information or additional information with Personal Information in a way that can identify or be used to identify you, we will treat that information as Personal Information. VII. INTERNATIONAL TRANSFERS Ardelyx conducts business in many countries. Please note that permitted transfers of Personal Information to third parties or other companies within the Ardelyx group include the transfer of data from one country to another and may include transfers to a country where the laws provide different protection from your country. In such cases, we will take appropriate measures to ensure adequate data protection in accordance with applicable data protection laws. VIII. YOUR PRIVACY CHOICES & RIGHTS You have rights and choices regarding Ardelyx’s processing of your Personal Information. (a) Opt-in. When you access any interactive tool or service on the website that collects Personal Information, you will be asked to affirmatively choose (“opt-in”) to provide the requested Personal Information. You may always choose not to provide the requested Personal Information. (b) Manage email. You may elect to receive email updates about developments regarding Ardelyx or its products or services. If you decide, at any later time, that you no longer wish to receive these emails, you may unsubscribe to any such contact list by using the “Unsubscribe” links within the electronic communication channel, or by sending an email entitled “Unsubscribe” to privacy@ardelyx.com. (c) Manage cookies. Most web browsers allow control of cookies through the browser settings. You can set your browser to notify you when you receive a cookie, which will enable you to decide if you want to accept it or not. However, if you do not accept a cookie, certain elements of the website may not function correctly or completely. (d) Access/review/update Personal Information. If you become aware that Personal Information we maintain about you is inaccurate, incomplete, misleading, irrelevant or out of date, or if you would like to access, update or review your information, you may contact us at privacy@ardelyx.com. We will attempt to provide the requested information or make requested changes to the extent allowable by applicable privacy or other laws. You may only make a personal information request twice in a 12-month period, and we will need to collect information from you to verify your identity. We will make reasonable efforts to respond within 45 days of receiving a personal information request. (e) Remove Personal Information. You may request the removal of previously provided Personal Information at any time using the contact information below. Please be aware that we may not comply with your request to amend or remove information that was provided to Ardelyx by a healthcare professional or a consumer regarding an adverse drug event. Please note that some of the above rights are limited by applicable information protection law and we have the right to collect, process and hold your Personal Information to perform our legal obligations (for example: data regarding an adverse drug event). We may require you to provide additional information necessary to confirm your identity before we comply with any request made by you. IX. DATA COLLECTION TECHNOLOGIES In addition to collecting your IP address as described above, we may also use certain Data Collection Technologies on the website such as: (a) Cookies. Cookies are small text files placed in your computer browser or other web-accessing device directories to store your information about your use of the website and your activities online (collectively, “Cookies”). A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when it expires), and a value, usually a randomly generated unique number. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. We use first-party, session, and persistent cookies. These cookies allow us to distinguish you from other users of the website, and to enhance the website and your experience when you browse the website. If you do not wish to receive Cookies or wish to manage when you accept Cookies in general, you may set your browser to reject Cookies or to alert you when a Cookie is placed on your computer. Although you are not required to accept our Cookies, if you set your browser to reject Cookies, you may not be able to use all the features and functionality of the website. (b) Internet tags. Occasionally, we may use Internet tags (also known as web beacons, action tags, single-pixel GIFs, clear GIFs, invisible GIFs and 1-by-1 GIFs) on the website. Cookies and Internet tags may be placed on different pages throughout the website. We also use them to measure responses to the website. We may deploy Cookies and Internet tags through our analytical service partners. (c) Social Plugins. The website may also use social plugins (e.g., the Facebook “Like” button) to enable you to easily share information with others. When you visit the website, 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 the website. For further details about the information shared via a social media plugin, you should refer to that social media website’s privacy statement. (d) Advertisers. We do not permit advertisers to display their advertisements on the website. (e) Do not track (DNT). We do not respond to DNT signals offered by some browsers. X. OUR SECURITY MEASURES We have implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the website. Unfortunately, no system or online transmission of data can be guaranteed to be 100% secure and you should always take appropriate security measures to protect your Personal Information, including ensuring that you have up-to-date antivirus software. XI. STORAGE & RETENTION We store and process Personal Information on Ardelyx’s servers, and the servers of third parties we hire to provide our services, worldwide. These servers may be located outside the country from which you interacted with Ardelyx. We retain your Personal Information for no longer than is necessary for the purposes for which it has been collected. XII. MINORS Our website, its content and our services are intended for users over the age of eighteen (18). We do not knowingly collect any personally identifiable information from children under age eighteen (18). If we learn a user under the age of eighteen (18) has volunteered personally identifiable information on the website, we will delete such information from our active databases. XIII. CONTACT US If you have any concerns about the way your Personal Information has been collected or handled by Ardelyx, or any queries regarding this privacy statement, you can contact us at privacy@ardelyx.com. You can also write to the following address: Privacy Officer Ardelyx, Inc. 34175 Ardenwood Blvd. Freemont, CA 94555 USA XIV. PERSONAL INFORMATION COLLECTED In the 12 months preceding the effective date of this Privacy Policy, Ardelyx collected the following categories of Personal Information via the website: Ardelyx does not have a policy of making its products available on an expanded access basis at this time. Please check our clinical trials to see if you or your patient might qualify to participate or contact our medical affairs team with questions. Any Ardelyx, Inc. (“Ardelyx”) website may contain forward looking statements, including statements regarding Ardelyx’s future financial performance, product pipeline and strategy. Forward-looking statements involve substantial risks and uncertainties that could cause Ardelyx’s future results, performance or achievements to differ significantly from those expressed or implied by the forward-looking statements. Such risks and uncertainties include, among others, the uncertainties associated with the regulatory approval process and uncertainties in the drug commercialization process. For a further description of the risks and uncertainties that could cause actual results to differ from those expressed in these forward-looking statements, as well as risks relating to Ardelyx’s business in general, please refer to Ardelyx’s Quarterly Reports on Form 10-Q filed with the Securities and Exchange Commission (“SEC”). Forward-looking statements speak only as of the date first made unless another date is indicated. In light of the significant uncertainties in forward-looking statements, you should not regard such statements as a representation or warranty that we will achieve our objectives and plans in any specified timeframe, and you should not place undue reliance on any forward-looking statements. While we may update certain forward-looking statements from time to time, we specifically disclaim any obligation to do so, whether as a result of new information, future developments or otherwise. Nothing in the website constitutes investment advice, including our SEC filings. We provide investor relations materials for your convenience and information only. In addition, investor relations materials and our other website content are not offers to sell or solicitations of an offer to buy any security. There are no guarantees about the future performance of the stock market or our stock. Before you invest in any security, you are urged to consult with a qualified financial advisor. Bay Area 34175 Ardenwood Boulevard Fremont, CA 94555 Greater Boston 400 Fifth Avenue, Suite 210 Waltham, MA 02451 Phone: 510.745.1700 Inquiries: General: info@ardelyx.com Media: media@ardelyx.com Investor: investor@ardelyx.com Business Development: partnering@ardelyx.com © 2021 Ardelyx® Terms & Conditions · Privacy Policy Expanded Access · Forward Looking Statements SITE DESIGN BY D&CO We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits, as explained in our Privacy & Cookies Policy. By clicking “Accept”, you consent to the use of ALL the cookies. Accept