Simulations Plus

This Notice addresses data subjects (which includes both individuals) whose Personal Data we:

• Receive from our customers (“Customers”) in providing you access to our software applications (collectively, the “Services”) as well as in the course of providing consulting services and Customer support services;
• Receive directly through our websites (including com (http://www.cognigencorp.com), dilisym.com (http://www.dilisym.com/), lixoft.com (https://lixoft.com/), and simulations-plus.com (http://www.simulations-plus.com);
• Receive from our business partners; or
• Processes to promote or provide our products and services.

In our providing you access to our web-based software applications, or when our Customer provides us Personal Data for us to provide our software products to and/or consulting services for the Customer, we do not decide why or how that Personal Data will be processed. Our Customers use our web-based platform to store and process their own personnel’s Personal Data, and we act only as a storage and service provider. We do not decide what Personal Data is being stored, and in general we will only access such Personal Data at our Customer’s request in connection with Customer support or account administration matters. For the services we provide to our Customers, we will only access Personal Data to provide the services that our Customer has directed us to provide, or if we are required to do so by law, and in such cases we act as a data processor.

When you give your Personal Data to one of our Customers or when we collect your Personal Data on their behalf, our Customer’s privacy notice, rather than this Notice, will apply to our processing of your Personal Data. If you have a direct relationship with one of our Customers, please contact them to exercise your privacy rights.

• Personal Data of employees, contractors, directors, officers, of Simulations Plus; and
• Information that we maintain in a manner that does not identify, relate to, describe, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular individual or household. Such information is not considered Personal Data and this Notice will not apply to our processing of that information.

Note: Simulations Plus does not have actual knowledge that it processes the Personal Data of data subjects under 16 years of age other than dependents of Simulations Plus employees for employee benefit purposes.

Personal Data that we process for own purposes, and within the scope of this Notice, Simulations Plus acts as a data controller which means that we decide why and how such Personal Data will be collected and processed.

This Notice tells you, among other things:

• What Personal Data we collect about you and how we obtain it;
• The lawful bases for processing your Personal Data;
• For what purposes we use that Personal Data;
• How long we keep your Personal Data;
• With whom we share your Personal Data;
• Your rights about the Personal Data we collect about you and how you can exercise those rights;
• How we protect your Personal Data; and
• How to contact us regarding processing of your Personal Data.

We must have a valid reason to use your Personal Data. This is called the “lawful basis for processing”.

When we act as a data controller, we may process your Personal Data on the basis of:

• Your consent;
• The need to perform a contract with you, including providing our Services to you that your requested;
• Our legitimate interests or those of a third party, such as our interest in marketing our Services;
• The need to comply with Applicable Law; or
• Any other ground, as required or permitted by Applicable Law.

“Applicable Law” as used throughout this Notice, means the provisions of the mandatory law(s) applicable to the protection of you and our Customers, as applicable, with regard to the processing of your or their, as applicable, Personal Data by Simulations Plus.

Note: Where we receive your Personal Data as part of providing our Services to you including to fulfill a contract, we require such Personal Data to be able to carry out the contract or provide the Services. Without that necessary Personal Data, we will not be able to perform the contract on your behalf or provide the Services to you.

The table below describes the categories of Personal Data we have collected about you in the last twelve months.

We will not collect additional categories of Personal Data without informing you.

A “cookie” is a small file stored on your device that contains information about your device. We may use cookies to provide basic relevant ads, website functionality, authentication (session management), usage analytics (web analytics), to remember your settings, and to generally improve our websites and Services.

We use session and persistent cookies. Session cookies are deleted when you close your browser. Persistent cookies may remain even after you close your browser, but always have an expiration date. Most of the cookies placed on your device through our Services are first-party cookies which are placed directly by us. Other parties, such as Google, may also set their own (third-party) cookies through our Services. Please refer to the policies of these third parties to learn more about the way in which they collect and process information about you.

Upon visiting our website, you will have a choice to “Accept” cookies or “Reject” cookies.

For more information about our use of cookies, please see our Cookie Notice.

We reserve the right to make changes to the Cookie Notice at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of the Cookie Notice on the Site. Any changes or modifications will be effective immediately upon posting the updated Cookie Notice on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Cookie Notice to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Cookie Notice by your continued use of the Site after the date such revised Cookie Notie is posted.

This PRIVACY NOTICE FOR CHINESE CITIZENS applies solely to users of our website who are citizens of the People’s Republic of China (“consumers” or “you”). We adopt this notice to comply with the Chinese Personal Information Protection Law (“PIPL” effective November 01, 2021), including its amendments.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, to assist you with your interest in our business, services, and products, we may need to collect and use your personal information, including name, contact information (e.g., email address, phone number, company address and location, email address, and occupational title).

Use of Personal Information

We may use or disclose the personal information we collect from you for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide you with support and respond to your inquiries, including investigating and addressing your concerns and monitoring and improving our responses.
• To provide you with information, products, or services that you request from us.
• To provide you with email alerts, event registrations, and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• As necessary or appropriate to protect the rights, property, or safety of our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the PIPL.

We may need to disclose your personal information to the following entities to assist us with use of your personal information as described above:

• Our affiliates;
• Our Service providers; and
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you, or as otherwise provided by applicable law including the PIPL.

Your Rights and Choices

The PIPL provides Chinese citizens with specific rights regarding their personal information. This section summarizes your PIPL rights, as specified in Articles 44 through 49 of the PIPL. These rights include the following.

• Consumer has the right to know and decide on processing their personal information and have the right to object or restrict the processing of their personal information by processors.
• Consumer has the right to access and copy their personal information which is stored or processed by processors.
• Consumer can request the processor to correct their personal information if such information is incorrect in the processor’s records.
• Consumer can request deletion of Consumer’s personal information in certain circumstances such as when it is no longer needed for contractual reasons, or if Consumer withdraws consent of a processor to process Consumer’s personal information.
• Consumer can request that a processor explain processor’s rules for processing Consumer personal information.

Right of Revocation

Revocation of Consent

You can revoke this consent towards Simulations Plus processing your personal information (as a “processor”) but a revocation may affect the ability of us to provide you our goods and services.

To exercise the right to know, access, correct, deletion, explanation, or revocation rights described above, please submit a verifiable consumer request to us in the English language by either:

• Calling us at: +1 (661) 723-7723
• Online: https://www.simulations-plus.com/privacy-policy/
• Emailing: privacy@simulations-plus.com.
• Mailing: Office of the Personal Data Protection Officer
  • Simulations Plus, Inc.
  • 42505 10th Street West STE 103
  • Lancaster, CA, USA 93535

Revised 1/2023

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“Notice’) applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”) and supplements the information contained in our Website Privacy Policy and corporate privacy policies, procedures, and standards. We adopt this Notice to comply with the California Privacy Rights Act of 2020 (“CPRA”) effective 01 January 2023 and other California privacy laws. Any terms defined in the CPRA have the same meaning when used in this Notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CPRA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you; for example, from submissions or forms that you complete and send through our website portal or job application portal.
• Directly from you or your agent; for example, from documents that you provide to us related to the services for which you express an interest in or engage us to provide.
• Indirectly from you or your agent; for example, through information we collect from you in the course of providing services to you.
• Directly and indirectly from the activity on our website; for example, from submissions through our website portal or website usage details collected with your consent.
• From third parties that interact with us in connection with the services we perform.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following reasonable business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide you with support and respond to your inquiries, including investigating and addressing your concerns and monitoring and improving our responses.
• To provide you with information, products, or services that you request from us.
• To provide you with email alerts, event registrations, and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• To improve our website and present its contents to you.
• For testing, research, analysis, and product development.
• As necessary or appropriate to protect the rights, property, or safety of our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CPRA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

Retention of Personal Information

We retain your personal information as follows: (a) for as long as necessary to achieve the specific business purpose for which it is collected and used; (b) for as long as required by applicable law; and (c) in accordance with our corporate retention policy.

Sharing Personal Information

We may disclose your personal information to a contractor or service provider for our business purposes. When we disclose personal information for such a business purpose, we enter an agreement describing the purpose and require the recipient to keep that personal information confidential and not use it for any purpose except performing under the agreement consistent with such business purpose.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category I: Professional or employment-related information.

We disclose your personal information for a reasonable business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CPRA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights (Right to Know What Personal Information is Being Collected)

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request), and the corresponding retention period(s) during which we retain your personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased, and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Right to Opt-Out of Sale or Sharing of Personal Information

You have the right to opt-out of having any of your personal information collected by us from being shared by us with third parties. Upon receiving your verified request to opt-out of sharing your personal information with third parties, we will no longer share your personal data with such third parties, except as required by applicable law.  An opt-out request may affect the services or support for products that we can provide you, and we will endeavor to notify you in such cases.

Right to Correct Inaccurate Personal Information

You have the right to request changes and alterations to your personal information collected by us that is incorrect or has since become outdated or obsolete.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records unless an exception applies (see below).

We may deny your deletion request if retaining the personal information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to Limit Use and Disclosure of Sensitive Personal Information

If we collect personal information from you that is considered sensitive personal information, you have the right to restrict the usage of your sensitive personal information collected. Under the CPRA, sensitive personal information is personal information that reveals (a) consumer’s Social Security number or other state identification number; (b) a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (c) a consumer’s geolocation; (d) a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (e) the contents of a consumer’s mail, email, or text messages, unless we are the intended recipient of the communication; and (f) consumer’s genetic data.

Right of No Retaliation Following Opt-Out or Exercise of Other Right

You have the right to exercise any of your CPRA rights with respect to your personal information without having to endure any form of discrimination against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not:

1. 1. Deny you goods or services.
   2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
   3. Provide you a different level or quality of goods or services.
   4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CPRA that can result in different prices, rates, or quality levels. Any CPRA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Please note that your user experience with us may change if you request deletion or restriction on use of your personal information that is necessary for us to provide the services or product support you requested from us.

Exercising Your CPRA Rights with Us with Respect to Your Personal Information

To exercise any of your CPRA rights described above, please submit a verifiable consumer request to us by either:

Calling us at: +1 (661) 723-7723
Online: https://www.simulations-plus.com/privacy-policy/
Email: privacy@simulations-plus.com.
Mailing: Office of the Data Protection Officer
Simulations Plus, Inc.
42505 10^th Street West STE 103
Lancaster, CA, USA 93535

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

1. 1. • Provide sufficient information that allows us to reasonably verify you are the person or an authorized representative of the person we collected personal information on.
      • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain why we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Changes to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time. Notification of such changes will be posted on this page. You should review this Notice periodically to keep up to date on our most current policies and practices.
Date Of Last Update: 01 January 2023

Contact Information

If you have any questions or comments about this Notice, our Privacy Statement, how we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1 (661) 723-7723
Website: https://www.simulations-plus.com/privacy-policy/
Email: privacy@simulations-plus.com.
Mailing Address: Office of the Data Protection Officer
Simulations Plus, Inc.
42505 10th Street West STE 103
Lancaster, CA, USA 93535

Contact details of our Data Protection Officer:

We have appointed VeraSafe as our Data Protection Officer (DPO). While you may contact us directly, VeraSafe can also be contacted on matters related to the processing of Personal Data. VeraSafe’s contact details are:

VeraSafe
100 M Street S.E., Suite 600                 Email: experts@verasafe.com
Washington, D.C. 20003                       Web: https://www.verasafe.com/about-verasafe/contact-us/