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Clementia USA Privacy Shield Policy

This Privacy Shield Policy (“Policy”) describes how Clementia Pharmaceuticals Inc. and its subsidiaries and affiliates in the United States (“US”) (“Company,” “we,” or “us”) collect, use, and disclose certain personally identifiable information that we receive in the US from the European Union (“EU Personal Data”). This Policy applies to the following US affiliated entities: Clementia Pharmaceuticals USA Inc. (“Clementia USA”) This Policy supplements our Website Privacy Policy located at http://clementiapharma.com/privacy-policy, and unless specifically defined in this Policy, the terms in this Policy have the same meaning as the Website Privacy Policy.

Clementia USA recognizes that the EU has established strict protections regarding the handling of EU Personal Data, including requirements to provide adequate protection for EU Personal Data transferred outside of the EU. To provide adequate protection for certain EU Personal Data about consumers, corporate customers, clients, suppliers/, business partners/, job applicants, employees, clinical trial patients and other subjects received in the US, Clementia USA complies with the EU-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EU to the US. Clementia USA has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles will govern. For more information about the Privacy Shield, see the US Department of Commerce’s Privacy Shield website located at: https://www.privacyshield.gov. To review Clementia USA’s representation on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.

For purposes of enforcing compliance with the Privacy Shield, Clementia USA is subject to the investigatory and enforcement authority of the US Federal Trade Commission

Personal Data Collection and Use
Our Website Privacy Policy located at http://clementiapharma.com/privacy-policy describes the categories of EU Personal Data that we may receive in the US as well as the purposes for which we use that EU Personal Data. Clementia and Clementia USA will only process EU Personal Data in ways that are compatible with the original purpose for which it was collected, or for purposes the individual later authorizes. Before we use your EU Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. Clementia and Clementia USA maintain reasonable procedures to help ensure that EU Personal Data is reliable for its intended use, accurate, complete, and current.

We may collect the following categories of sensitive EU Personal Data: personal health and medical information. When we collect sensitive EU Personal Data, we will obtain your opt-in consent where the Privacy Shield requires, including if we disclose your sensitive EU Personal Data to third parties, or before we use your sensitive EU Personal Data for a different purpose than we collected it for or than you later authorized.

Data Transfers to Third Parties
        Third-Party Agents or Service Providers. We may transfer EU Personal Data to our third-party agents or service providers who perform functions on our behalf as described in our Website Privacy Policy. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process EU Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EU Personal Data that we transfer to them.

        Third-Party Data Controllers. In some cases we may transfer EU Personal Data to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your EU Personal Data to third-party data controllers for the purposes described in our Website Privacy Policy. We will only provide your EU Personal Data to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive EU Personal Data, where you have opted-in if the Privacy Shield requires consent. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for EU Personal Data the Privacy Shield requires. We also limit their use of your EU Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your EU Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your EU Personal Data is protected with the same level of protection the Privacy Shield requires.

        Disclosures for National Security or Law Enforcement. Under certain circumstances, we may be required to disclose your EU Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

Security
We maintain reasonable and appropriate security measures to protect EU Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

Access Rights
You may have the right to access the EU Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EU Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

Questions or Complaints
In compliance with the Privacy Shield Principles, Clementia USA commits to resolve complaints about our collection or use of your EU Personal Data. EU individuals with inquiries or complaints regarding this Policy should first contact Clementia USA at:

Clementia Pharmaceuticals USA Inc.
275 Grove Street, Suite 2-400
Auburndale, MA 02466
ATTN: Privacy
Phone: 857-226-5581
Email: privacy@clementiapharma.com

We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EU Personal Data within 45 days of receiving your complaint.

Clementia USA has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact JAMS or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.

        Binding Arbitration You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your compliant directly with Clementia USA and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).

Contact Us
If you have any questions about this Policy or would like to request access to your EU Personal Data, please contact us as follows:

Clementia Pharmaceuticals USA Inc.
275 Grove Street, Suite 2-400
Auburndale, MA 02466
ATTN: Privacy
Phone: 857-226-5581
Email: privacy@clementiapharma.com

Changes To This Policy
We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.

Effective Date: 7 September 2016
Last modified: 4 January 2017