Kendle respects individual privacy and values the confidence of its customers, employees, clinical trial participants, business partners and others. Not only does Kendle strive to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, but it also has a tradition of upholding the highest ethical standards in its business practices. This Safe Harbor Privacy Policy (the “Policy”) sets forth the privacy principles that Kendle follows with respect to transfers of personal information from the European Union (EU) to the United States.
SAFE HARBOR
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the “Safe Harbor Principles”) to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. Consistent with its commitment to protect personal privacy, Kendle adheres to the Safe Harbor Principles.
SCOPE
This Safe Harbor Privacy Policy (the "Policy") applies to all personal information received by Kendle in the United States from the EU, in any format including electronic, paper or verbal.
DEFINITIONS
For purposes of this Policy, the following definitions shall apply:
"Agent" means any third party that uses personal information provided to Kendle to perform tasks on behalf of and under the instructions of Kendle.
"Kendle" means Kendle International Inc., its successors, subsidiaries, divisions and groups in the United States.
"Personal information" means any information or set of information that identifies or could be used by or on behalf of Kendle to identify an individual. Personal information does not include information that is encoded or anonymized or publicly available information that has not been combined with non-public personal information.
"Sensitive personal information" means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, Kendle will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
PRIVACY PRINCIPLES
The privacy principles in this Policy are based on the Safe Harbor Principles.
NOTICE: Where Kendle collects personal information directly from individuals in the EU, it will inform them about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which Kendle discloses that information, and the choices and means, if any, Kendle offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Kendle, or as soon as practicable thereafter, and in any event before Kendle uses the information for a purpose other than that for which it was originally collected.
Where Kendle receives personal information from its subsidiaries, affiliates or other entities in the EU, it will use such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
CHOICE: Kendle will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
For sensitive personal information, Kendle will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
Kendle will provide individuals with reasonable mechanisms to exercise their choices.
DATA INTEGRITY: Kendle will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Kendle will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
TRANSFERS TO AGENTS: Kendle will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Where Kendle has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Kendle will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, Kendle will grant individuals reasonable access to personal information that it holds about them. In addition, Kendle will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
SECURITY: Kendle will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
ENFORCEMENT: Kendle will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Kendle determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the Kendle Privacy Office at the address given below. Kendle will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Kendle and the complainant, Kendle has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles.
CONTACT INFORMATION
Questions or comments regarding this Policy should be submitted to the Kendle Privacy Office by mail or e-mail as follows:
Kendle Privacy Office
1200 Carew Tower
441 Vine Street
Cincinnati, OH 45202
Email: employees: young.john@kendle.com
others: heiser.staceym@kendle.com
CHANGES TO THIS SAFE HARBOR PRIVACY POLICY
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. Appropriate public notice will be given concerning such amendments.
EFFECTIVE DATE: December 1, 2003 
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