Privacy Policy

Effective Date: October 10th 2022

1. PURPOSE AND SCOPE

This Privacy Policy applies to personal information that is processed by Amyris, Inc. and our affiliates and subsidiaries (“Amyris,” “we,” and “us”) in the course of our business, including personal information we collect online, when you use our website located at http://www.amyris.com (the “Site”) and as a result of our providing services and communications to you (collectively, the “Services”). This Privacy Policy explains our information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt-out of all or some types of use, or correct or change such information. All individuals whose responsibilities include the processing of personal information on behalf of Amyris are expected to protect that personal information data by adherence to this Privacy Policy.

This Privacy Policy governs the Site but does not govern or apply to information collected in connection with the operations of the Biossance, Pipette or Purecane websites. Please refer to the privacy policy in such websites for more information.

2. TYPES OF PERSONAL INFORMATION WE COLLECT

Amyris collects personal information regarding its current and prospective clients, business partners, users, visitors, and guests (collectively “Individuals”).

o Information You Provide Directly to Us. When you use the Services or engage in certain activities, such as responding to surveys, requesting information, or contacting us directly, we may collect the following types of information:

o Communications with Us. We may collect personal information from you such as email address, phone number or mailing address when you choose to request information about our Services, or otherwise communicate with us.

o Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information. All information collected from your participation in our surveys is provided by you voluntarily.

o Posting on the Services. Amyris may offer publicly accessible blogs, forums, and social media pages. You should be aware that when you disclose information about yourself on Amyris blogs, forums, and social media pages, we collect the information you provide in such submissions, including any personal information.

o Registration for Contests. Occasionally, Amyris may run contests. We may ask those who enter in the contests to provide personal information (e.g., an e-mail address). If you participate in a contest, your personal information may be used to reach you about the contest, and for other marketing and business purposes.

o Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, details about your browser or device, geo-location information, Internet service provider, pages that you visit before and after using the Services, and other information about how you use the Services.

o Information Submitted Via the Services. You agree that Amyris is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Amyris will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.

o Information from Other Sources. We may obtain information about you from other sources, including through third-party services and organizations to supplement information provided by you. This supplemental information allows us to verify information that you have provided to Amyris and to enhance our ability to provide you with information about our business, products, and Services.

3. HOW AMYRIS USES YOUR INFORMATION
We process personal information about Individuals for a variety of business purposes, including:

· To Provide Services, or Information Requested including to:

o Generally manage Individual information;

o Respond to questions, comments, and other requests;

o Contact you to answer requests for customer support;

o Allow you to register for events.

· For Administrative Purposes including to:

o Measure interest in Amyris’s Services;

o Develop new products and Services;

o Ensure internal quality control;

o Send email to the email address you provide to us for informational and operational purposes, such as customer service;

o Prevent potentially prohibited or illegal activities;

o Enforce our terms.

· For Marketing Amyris Products and Services including to:

o Tailor content, advertisements, and offers;

o Notify you about offers, products, and services that may be of interest to you;

o For other purposes disclosed at the time that Individuals provide personal information; or

o Otherwise with your consent.

Amyris may provide you with materials by phone, postal mail, social media, or email, as permitted by applicable law. You may contact us at any time to opt-out of Amyris’s use of your personal information for marketing purposes as further described below.

· For Research and Development. Amyris may use personal information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. We may share anonymous Individual and aggregate data for research and analysis purposes.

· For Direct Mail and Email. Individuals who provide us with personal information, or whose personal information we obtain from third-parties, may receive periodic emails, newsletters or mailings, or phone calls from us with information on Amyris’s products and Services. You have the option to decline these communications at no cost by following the instructions below.

· For Anonymous and Aggregated Information Use. Amyris may use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Amyris’s Services, or other analyses we create. We may share this information within Amyris and with third-parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

· Sharing Content with Friends or Colleagues. The Services may offer various tools and functionalities. For example, our referral services may allow you to forward or share certain content with a friend or colleague, such as inviting your friend to use our Services via email. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Amyris for any other purpose.

· Other Uses. Amyris may process your personal information to pursue our legitimate interests, such as direct marketing, research (including marketing research), fraud prevention, information and network security, administrative purposes, enforcement of legal claims, or any other purpose disclosed to you at the time you provide personal information or as you otherwise consent.

· Browsing Information. We automatically collect certain information about your use of the Site, including the areas or web pages you viewed on the Site, your IP address, details about your browser or device, and other information about your browsing behavior (collectively, “browsing information”). We use browsing information to improve the design and content of our Site to help us learn things like what pages are most attractive to our visitors and to measure the success of advertising campaigns. We collect browsing information and allow third parties to collect such information through cookies, pixel tags, web beacons, local storage, and other tracking technologies (collectively, “Technologies”) as further described below.

4. COOKIES, PIXEL TAGS/WEB BEACONS, AND ANALYTICS INFORMATION

We, as well as third-parties that provide content or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services.

· Cookies. Cookies are small text files placed on visitors’ device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.

· Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

· Interest-Based Advertising. So that we can better target our advertising to individuals’ interests, we work with advertising partners who may use Technologies, including cookies, to gather browsing Information about you when you use our Site. Our advertising partners may also gather information about your visits to other websites to infer information about your interests. We or our advertising partners may use this information to make inferences about your interests so that we can advertise our products to you on other sites that you visit or in emails that we send to you.

· Analytics. We may use Google Analytics and other services to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any personal information. For more information about Google Analytics, please visit google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

If you would like to opt-out of the Technologies we employ on the Services, you may do so by blocking, disabling, or deleting them as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of interest based advertisements on some mobile applications by following the instructions for Android and iOS.

5. THIRD-PARTY WEBSITES AND SOCIAL MEDIA PLATFORMS

The Services may contain links to websites and services that are owned or operated by third-parties (each, a “Third-Party Service”). Any information that you provide on or to a Third-Party Service or that is collected by a Third-Party Service is provided directly to the owner or operator of the Third-Party Service and is subject to the owner’s or operator’s privacy policy. We are not responsible for the content, privacy or security practices and policies of any Third-Party Service. To protect your information, we recommend that you carefully review the privacy policies of all Third-Party Services that you access.

The Services may include access to publicly accessible blogs, forums, or social media pages. Personal information you voluntarily transmit or publish online in a publicly accessible blog, forum, or social media page may be viewed and used by others without any restrictions. By using such services you assume the risk that your personal information may be viewed and used by third-parties for any number of purposes.

6. ONWARD TRANSFER—AMYRIS MAY DISCLOSE YOUR INFORMATION

6.1 Information We Share
We may share your information as described in this Privacy Policy (e.g., with our third-party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

· We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust personal information include service providers for: (i) provision of information technology, marketing, and related services; (ii) provision of information and services you have requested; (iii) customer service activities; and (v) in connection with the provision of the Services. These service providers have access to your Personal Information only for the purpose of performing services on our behalf

· Business Partners and Affiliates. We may share Personal Information with companies that are under common ownership or control with us (e.g., Amyris subsidiaries) and with business partners for the purpose of providing you with a product or service that you have requested or that we believe may be of interest to you. We require our affiliates and business partners not to use Personal Information for any other purpose.

· Disclosures to Protect Us or Others (as Required by Law and Similar Disclosures). We may access, preserve, and disclose your personal information and other information if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Amyris’s policies or contracts; (v) to collect amounts owed to Amyris; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

· Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information will likely be among the assets transferred as part of such a transaction as permitted by law and/or contract.

6.2 International Data Transfers

You agree that all information collected via or by Amyris may be transferred, processed, and stored anywhere in the world, including but not limited to, Brazil, the United States, the European Union, on our servers, on the servers of our affiliates, or the servers of our service providers, including data storage providers, in order to provide the Services and operate the Site. By using the Services, you are agreeing to the collection, use, transfer, and disclosure of your personal information and browsing information and agreeing that our communications will be governed by the applicable laws in the United States.

7. OPT-OUT (RIGHT TO OBJECT TO PROCESSING)

7.1 General
You have the right to opt-out of and object to certain uses and disclosures of your personal information. Where you have consented to Amyris’s processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting us as set forth below.

7.2 Email Communications
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. We may also send you certain non-promotional communications regarding Amyris and our Services and you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

7.3 “Do Not Track”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that our systems do not recognize browser DNT, so we cannot respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

7.4 Cookies and Interest-Based Advertising
As noted above, you may stop or restrict the placement of cookies on your computer or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of interest based advertisements on some mobile applications by following the instructions for Android and iOS.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from advertisers that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/.

8. RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your personal information; (v) seek correction of inaccurate, untrue or incomplete personal information; and (vi) request erasure of personal information held about you by Amyris, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.

We will process such requests in accordance with applicable laws. To protect your privacy, Amyris will take steps to verify your identity before fulfilling your request.

9. DATA RETENTION

Amyris retains the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

10. SECURITY OF YOUR INFORMATION

We maintain physical, technical, and administrative safeguards to protect the confidentiality and security of your personal information in accordance with this Privacy Policy. Unfortunately, while we strive to ensure the integrity and security of our networks and systems, no security safeguards or standards are guaranteed to provide 100% security. As a result, we and third-parties we work with cannot ensure or warrant the security of any information you provide to us, and you do so at your own risk. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

We use Secure Socket Layer (SSL) and/or Transport Layer Security (TLS) or a similar industry standard technology to encrypt transmissions of sensitive information from your computer to our servers. However, when you communicate with customer service via email on our website, these communications may be handled via unsecured transmissions. Please be aware that information provided (such as email address) may be accessible to others. For that reason, we ask that you protect yourself and not share sensitive information via these communication channels.

11. CHILDREN’S INFORMATION

The Services are not directed to children under 13 (and in certain jurisdictions under the age of 16) years of age, and Amyris does not knowingly collect personal information from children under 13 (and in certain jurisdictions under the age of 16) years of age. If we become aware that we have inadvertently collected any personal information from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information.

12. CALIFORNIA PRIVACY RIGHTS
Amyris does not sell personal information of customers who reside in California or in any other jurisdiction.

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third-parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Amyris does not share personal information with third-parties for their own marketing purposes.

13. BRAZILIAN PRIVACY RIGHTS
If you are located in Brazil, the Brazilian General Data Protection Law (Law No. 13,709/2018) or (“LGPD”) and its subsequent amendments may be applicable to you. The LGPD guarantees specific rights and Amyris complies and respects such rights in accordance with the LGPD. If you have any questions concerning our privacy practices in Brazil, please contact [email protected] or send a message through our website’s Contact Us page.

14. SUPERVISORY AUTHORITY
If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

15. CHANGES TO THIS PRIVACY POLICY
We may revise this Privacy Policy from time to time in our sole discretion. If we modify this Privacy Policy, we will post the revised Privacy Policy on the Site. We also may send an email describing the changes if the revised Privacy Policy changes in any material way and as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

16. QUESTIONS OR COMMENTS
If you have any questions about our privacy practices or this Privacy Policy, please contact us at:

Amyris, Inc.
5885 Hollis Street, Suite 100
Emeryville, CA 94608
Email: [email protected]

We will address your concerns and attempt to resolve any privacy issues in a timely manner.

 

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