Privacy Statement

Arena Pharmaceuticals, Inc., and its Affiliates (collectively, “Arena,” “us” and “our”) respects the privacy of our visitors. We have prepared this Privacy Statement to describe to you our practices regarding the personal information we may collect, including personal information we may collect from users of our website (the “website”).

1. Personal Information Collected on the Website and How Used

When you use the Website, Arena will collect the personally identifiable information you provide Arena, such as your name, home address, personal telephone number, personal email address, company name, company mailing address, company email address and company telephone number. We may also collect any information you provide us in your feedback, when you sign up for an investor presentation or when you contact us via email for support, including the content of your email.

We may use the information you provide us to: contact you; provide support and service; operate and improve our Website, products and services; respond to your comments and questions; provide and deliver the products and services you request; or link or combine it with other personal information we get from third parties, to help understand your needs and provide you with better service.

The “Investors” portion of our Website (other than the “Contact IR” page) is provided by third parties that may collect, use and disclose information regarding your interaction with those pages. We do not control the collection, use, and disclosure of that information.

2. Disclosure of Personal Information

  1. We may share some or all of your personal information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this privacy statement.
  2. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this privacy statement.
  3. We may also disclose personal information if Arena believes in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on Arena; (iii) to protect or defend the rights or property of Arena or users of the Website or services; or (iv) to investigate or assist in preventing any violation or potential violation of the law, or this privacy statement.

3. European Users

This section applies to all personal information collected by Arena from the European Economic Area and Switzerland (“European Data”).

    1. Safe Harbor Principles. Arena complies with the U.S. – E.U. Safe Harbor and U.S. – Swiss Safe Harbor Framework (collectively, the “Safe Harbor”) as set forth by the U.S. Department of Commerce. Arena will transfer European Data to the United States. Arena has certified its adherence to the Safe Harbor principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbor program, and to view the certification for Arena, visitwww.export.gov/safeharbor.
    2. Notice. See Section 1 for information about the purposes for which we may collect and use personal information via the Website, Section 2 for the types of third parties to which we disclose personal information, Section 3(c) for choices and the means we offer individuals for limiting its use and disclosure, and Section 7 (Contact Us) for how to contact us with any inquiries or complaints.
    We may also collect European Data from and about our employees in Europe and in connection with our interactions with vendors, contractors, clinical research organizations, distributors and other business contacts. We collect European Data from business contacts via the Website, email, telephone and other means. We use and disclose European Data regarding business contacts as part of conducting our business with our business contacts, including via our enterprise resource management systems, supply chain systems, email systems and document management systems. We use European Data regarding our employees as part of operating our business, managing our employees and their benefits, and interacting with our employees, including via our payroll and benefits systems, email systems and IT supports systems, as further described in our internal policies.

  1. Choice. Arena offers you the opportunity to choose whether your European Data will be (i) disclosed to a third party (other than service providers and Affiliates), or (ii) used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you. Depending on the sensitivity of the information, this may be an opt-in or opt-out choice.
  2. Onward Transfer. We may disclose your European Data to our third party agents and service providers who (i) are subject to Swiss data protection laws and the laws under the E.U. Data Protection Directive 95/46, (ii) have subscribed to the Safe Harbor Principles, or (iii) have agreed to provide at least the same level of privacy protection as is required by the Safe Harbor Privacy Principles.
  3. Access. You may request to access the European Data that we hold about you and to correct, amend or delete information that is inaccurate by contacting us as described below. Arena may limit or deny such access where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by the Safe Harbor Privacy Principles.
  4. Security. See Section 4 (Security).
  5. Data Integrity. Arena will take reasonable steps to ensure that European Data is relevant and reliable to its intended use, accurate, complete and current.
  6. Enforcement/Dispute Resolution. Arena has established procedures for periodically verifying its implementation of and compliance with this Privacy Statement. If you believe that Arena has not adhered to the Privacy Statement, you may file a complaint concerning Arena’s processing of your European Data by contacting us as described below. If we do not resolve your complaint through our internal processes, we will cooperate with JAMS (pursuant to the JAMS International Mediation Rules, which are accessible on the JAMS website at www.jamsadr.com/rules-international-rules) to resolve the dispute. JAMS mediation may be commenced as provided for in the JAMS International Mediation Rules. The mediator may propose any appropriate remedy, such as publicity for findings of non-compliance, payment of compensation for losses incurred as a result of non-compliance, or cessation of processing of your personal information. We will assume the costs of the administrative fees. The mediator or you may refer the matter to the U.S. Federal Trade Commission, which has Safe Harbor enforcement jurisdiction over us.

4. Security

Arena is committed to protecting the security of your personal information. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while Arena uses reasonable efforts to protect your personal information, Arena cannot guarantee its absolute security.

5. Your Choices Regarding Your Information

All users may review, update, correct or delete their personal information by contacting us as described below. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

6. Third-Party Pages and Websites

As a convenience to our visitors, the Website may contain pages provided by third parties or links to a number of websites that we believe may offer useful information. For example, the “Investors” portion of our Website (other than the “Contact IR” page) is provided by third parties that may collect, use and disclose information regarding your interaction with those pages. The privacy policies and procedures described herein do not apply to such pages or websites or their content, or to any collection of your personal information after you click on such pages or links to such third-party websites.

7. Contact Us:

Arena Pharmaceuticals, Inc.
Attn: General Counsel
6154 Nancy Ridge Drive
San Diego, California 92121
Email: privacy@arenapharm.com

8. Changes to this Privacy Statement.

This Privacy Statement may be amended from time to time for any reason. We will notify you of any changes to our Privacy Statement by posting a new Privacy Statement on this page as indicated by changing the “Last Updated” date below. You should consult this Privacy Statement regularly for any changes.