Privacy policy

Last modified September 26, 2023

Agenus is a clinical-stage immunotherapy company targeting complementary mechanisms to fight cancer, including checkpoint inhibitors, immune activators, and tumor microenvironment conditioning agents. We recognize the importance of helping medical innovations reach patients and physicians faster. To accomplish our goals, we emphasize operating with transparency and respecting the privacy of all.

This Privacy Policy is intended to tell you how we use and share Personal Information we collect on our website, www.agenusbio.com (the “Site”), email, mobile applications, and/or when you participate in our programs, services, or have business interactions with us, both online and offline (collectively referred to as “Services”). When we refer to ourselves as “we,” “us” or “Agenus” we mean Agenus Inc. and its affiliates and subsidiaries (including, but not limited to, Agenus West, LLC d/b/a as “Agenus Biologics and SaponiQx, Inc.), but excluding MiNK Therapeutics, Inc. and its subsidiaries, which are subject to a separate privacy policy. Please read this Privacy Policy carefully. By accessing or using our Services, you confirm that you understand the use of Personal Information (as defined below) in accordance with this Privacy Policy, which is incorporated into our Terms of Use (https://agenusbio.com/terms-and-conditions-of-use/).

Scope of this Privacy Policy

Information We Collect and Use

Why we process your Personal Information

How We Share Your Personal Information

Legal Basis

Data Subject Rights

International Transfer of Information

How We Protect Children’s Privacy

Clinical Research

Security and Retention

Notice to California Residents

Third Party Sites

Updating Your Information and Preferences

Updates To This Privacy Policy

Scope of this Privacy Policy

This Privacy Policy sets forth our global privacy standards and applies to all Personal Information collected, processed, shared, or used by Agenus in its various activities. Personal Information will be handled in accordance with the policy in effect at the time it is collected.

“Personal Information” means all information that relates to an individual or information that can be used to identify a person, both directly (e.g., your name or your photograph) and indirectly (e.g., a medical insurance number, your position in a company, or a study code assigned to you in a clinical trial). In some countries, Personal Information may also include information such as medical device serial numbers, biological samples, internet protocol addresses, or information relating to a company.

Information We Collect and Use

Agenus and service providers acting on our behalf may collect Personal Information from different sources:

Directly from individuals, including by email and phone;
Through the Site;
From hospitals, clinics, contract research organizations and healthcare professionals;
From government agencies or public records;
From third-party service providers or business partners;
From industry and patient groups and associations; and
From social media and other public forums.

Personal Information and other information we may collect includes:

Health and medical information (such as medical insurance details, information about physical and mental health conditions and diagnoses, treatments for medical conditions, genetic information, family medical history, and medications you may take, including the dosage, timing, and frequency) that we collect in connection with managing and supporting clinical trials, conducting research, development and potential commercialization, providing patient support programs, managing compassionate use and expanded access programs, and monitoring and assessing safety and tracking adverse events related to clinical trials;
Personal and business contact information and preferences (such as name, job title and employer name, email address, mailing address, phone number, and emergency contact information);
Biographical and demographic information (such as date of birth, age, gender, marital status, and information regarding any parents or legal guardians);
Professional credentials, educational and professional history, institutional affiliations, background checks, and information of the type included on a resume or curriculum vitae (such as work experience, education, salary, and languages spoken);
Payment-related information we need to pay for services that individuals may provide to us (such as tax identification number and financial account information);
If you are a health care professional, we collect information about the programs and activities in which you have participated, your administration of our product candidate, payments made to or by you, and the agreements you have executed with us;
Your photograph, social media handle, or digital or electronic signature;
Publicly available information (such as comments describing support for and experience with our product candidates);
Other information you provide to us (such as in emails, on phone calls, in market research surveys, or in other correspondence with us or our service providers or business partners);
Data that is collected automatically (such as IP Address, your device’s operating system, your Internet service provider and location, browser type and language, and website content you access) and information about the date, time and duration of your visit to our Site; and
Identifiers that are used to identify your mobile device such as your unique device ID (persistent/non-persistent), hardware type, medial access control (“MAC”) address.

Online Tracking Technologies

We use cookies, tracking pixels and other technologies to collect information about your device or your use of the Site to better understand, customize and improve on our user experience. For example, cookies enable us to offer our visitors a more customized, relevant experience on our Site by remembering login information. Most Internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences. For information on how to do this, access the “help” menu on your Internet browser, or visit www.aboutcookies.org/how-to-control-cookies. Please note, however, that disabling our cookies may prevent you from taking full advantage of all of the features of our Site.

We also use the following additional tracking technologies on the Site:

Tracking Pixels. Essential information is recorded about user activity and interactions with the Site for the purposes of security and site optimization analytics. This limited first-party data may be further enhanced with the help of third-party data sources to help facilitate visitor segmentation and re-engagement through verified marketing channels, within the respective boundaries of applicable legal standards.
Logging Technology. Agenus maintains web server logs that record data about visitors to our Site. As you use this Site, we may track certain Other Data, including total number of visits, length of visit, requests by page, internet protocol (“IP”) addresses, user statistics (browser and operating systems) and referring sites. We use web server logs to analyze traffic, to help improve our Site, and to reach new and potential applicants for our clinical trials.
Website Analytics. We use third party analytics providers such as Google Analytics to help us evaluate and measure the use and performance of our Site. To opt-out of the aggregation and analysis of data collected about you on our Site by Google Analytics, visit https://tools.google.com/dlpage/gaoptout and download and install the Google Analytics Opt-out Browser Add-on.

Why We Process Your Personal Information

Agenus processes your Personal Information in its normal course of business for its own internal purposes, such as:

Establishing and maintaining communications with you, including providing you with investor or media materials, sending you copies of press releases or other information, or sending you surveys or marketing information;
Perform and administer clinical trials, research, and product development activities;
Provide information concerning our product candidates;
Recruiting for employment purposes;
Distribute our newsletter via email; and
Fulfill our obligations to you under an applicable contract or to conduct business with you.

In addition to the above, we also may use your Personal Information to:

Comply with applicable laws, lawful requests, and legal process, such as respond to subpoenas or requests from government authorities.
Comply with our regulatory monitoring and reporting obligations including those related to adverse events, clinical trials, patient safety, and financial disclosures;
Prevent, investigate or provide notice of fraudulent, unlawful, unauthorized, unethical or criminal activity;
Enforce the terms and conditions that govern our product candidates; and
Protect our rights, privacy, safety, or property or that of you or others.

We may use de-identified aggregate or anonymized information to help us analyze the use of the Services. Where permitted by law, this Policy does not limit our use or disclosure of de-identified, aggregate, or anonymous information, and we reserve the right to use and disclose such information other third parties in our discretion.

Agenus may share your Personal Information in the following ways.

Our affiliates and subsidiaries: We may share Personal Information with our affiliates and subsidiaries for their own research and analytics purposes or for internal reporting purposes.
With Service Providers. We may retain other companies and individuals to perform services on our behalf. These include data analytics firms, content and support providers, email vendors, web hosting and development companies. For instance, we use Taleo to manage our job application administration system and they may have access to our job applicant’s data. When we share data with third-party service providers, we require that they use your information only for the purposes we’ve authorized, and for the limited reasons explained in this Privacy Policy. We also enter into agreements with these service providers to require them to protect your personal information appropriately and in accordance with applicable law.
In connection with a corporate transaction. If we sell or transfer all or part of our business or assets to another entity in connection with a sale, merger, divestment, or reorganization, we may share your Personal Information in that transfer, subject to the terms of this Privacy Policy, and we will seek your consent where required.
To government authorities or third parties where required by law. Agenus complies with legal, judicial and regulatory requests for information. Agenus may disclose Personal Information with law enforcement agencies, courts, other government authorities or other third parties where we believe necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.

Legal Basis

Applicable data protection law requires a “lawful basis” for processing the Personal Information. Our lawful bases are as follows:

Legal compliance: We may need to collect, use, and otherwise process your Personal Information to comply with our legal obligations, such as regulatory monitoring and reporting obligations.
Legitimate interests: It is in our legitimate interests to use Personal Information in order to improve our products and services, perform administrative tasks, and, where consent is not required by applicable law, to identify and authenticate you, secure our systems and information, conduct research, and develop new products. We do not use your Personal Information for activities where we believe our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law).
Contract: We may need to use your Personal Information to perform a contract with you or to take steps that you have requested prior to entering into a contract.
Necessity to protect vital interests: We may need to process your Personal Information to protect your vital interests, or those of another person.
Consent: In some cases, we may rely on your consent to process your Personal Information. Where we rely on your consent, you have the right to withdraw it at any time in the manner indicated when we requested the consent or by contacting us at the addresses listed at the end of this Privacy Policy.

For visitors located in the EU, EEA, or UK, the legal basis that we rely on in processing and transferring your Personal Information (pursuant General Data Protection Regulation 2016/679, also known as “GDPR” or the “UK GDPR”) will be one of the following:

You have consented to our processing of your Personal Information;
The processing is necessary to perform a contract with you or to fulfill a request you have made;
The processing is necessary to comply with a legal obligation that applies to the firm under the GDPR, UK GDPR or other EU/EEA Member State or UK law; or
The processing is necessary for purposes that are in our legitimate interests in order to, for example, protect our business and better understand our business partners.

Data Subject Rights

You may have certain rights regarding your Personal Information, subject to local data protection laws. These include:

The right to access– You have the right to request copies of your Personal Information.
The right to rectification– You have the right to request that we correct any information you believe is inaccurate. You also have the right to request we complete any information you believe is incomplete.
The right to erasure– You have the right to request that we erase your Personal Information, under certain conditions.
The right to restrict processing– You have the right to request that we restrict the processing of your Personal Information, under certain conditions.
The right to object to processing– You have the right to object to our processing of your Personal Information, under certain conditions.
The right to data portability– You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

You may exercise these rights by submitting a request to agenus.data.protection@agenusbio.com. If permitted by applicable law, we may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If you would like to submit a complaint about our use of your Personal Information or response to your requests regarding your Personal Information, you may contact us at agenus.data.protection@agenusbio.com or submit a complaint to the appropriate data privacy or data protection regulator in your jurisdiction. Please note all emails are routed to the U.S.

International Transfer of Information

Agenus is located in the United States and our Site is operated and managed in the United States. By providing your Personal Information or using our Services, you explicitly consent to the transfer of your Personal Information to the United States, its processing in the United States, and subsequent transfers outside of the United States. Agenus may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world.

If you are visiting our Site from the EU, EEA, UK or other regions with laws governing data collection and use that may differ from US law, please note that you are transferring your Personal Information to the United States which does not have the same data protection laws as the EU. Any transfer of data from the EU, EEA or UK to a third country will be done in accordance with approved methods of transfer under GDPR, the UK GDPR or other applicable data .

How We Protect Children’s Privacy

Agenus is concerned about the safety and security of children. Our Site is not targeted to or intended for use by children and we do not knowingly collect personal information from children. If a parent or guardian becomes aware that his or her child has directly provided us with Personal Information, please contact us by using the contact information below.

Clinical Research

We conduct, sponsor and support clinical research. Our use of Personal Information collected during such clinical research is not governed by this Privacy Policy. Specific details on how this Personal Information is collected and used is governed by our internal policies, in our agreements with service providers or business partners and/or pursuant to regulatory or other legal requirements applicable to clinical research. If you are a clinical research participant and have questions regarding the use of Personal Information collected during clinical research, please contact us at agenus.data.protection@agenusbio.com or the study site at which you are participating in the research.

Security and Retention

We maintain administrative, technical, and physical safeguards to protect against loss, misuse, unauthorized access, disclosure, alteration, or destruction of Personal Information. By providing your Personal Information or using our Services, you accept that the transmission of personal information and other data via the internet is not completely secure and we cannot guarantee the absolute security of your information.

We will retain your Personal Information for the time necessary to provide our Services, realize our legitimate business purposes and to comply with applicable law. We will only retain Personal Information for the longer of the period if: (a) required by applicable law, or (b) there is a time-bound determination business need.

Notice to California Residents

California “Shine The Light” – As provided by California Civil Code 1798.83, if you are a California resident, you have the right to receive (a) information identifying any third party company(ies) to whom we have disclosed your Personal Information to third parties for their marketing purposes to in the past 12 months, if any; and (b) a description of the categories of Personal Information disclosed. To obtain such information, please email your request to agenus.data.protection@agenusbio.com with “Shine The Light Privacy Rights Request” in the subject line.

For California residents under the age of 18 and registered users, California law (Business and Professionals Code § 22581) provides that you can request the removal of content or information you posted on the Site. Any such request should be sent to us at agenus.data.protection@agenusbio.com along with a description of the posted content or other information to be removed. Be advised, however, that other applicable law may not permit us to completely or comprehensively remove your deleted content or for other reasons as set forth in this California law.

The Site does not currently recognize “Do Not Track” signals or technologies.

California Consumer Privacy Act (“CCPA”) – The CCPA (as amended by the California Privacy Rights Act gives California consumers enhanced rights with respect to their personal information that is collected by businesses. The CCPA provides that California consumers can opt out of the “sale” or “sharing” of their Personal Information. However, we do not sell Personal Information as “sale” is defined in the CCPA nor do we “share” Personal Information for “cross-contextual” behavior advertising for purposes of the CCPA.

In addition, the CCPA grants California consumers the following rights:

Information. You can request information about how we have collected, used and shared your Personal Information during the past 12 months. We describe the sources through which we collect Personal Information and the types of Personal Information collected in the “Information We Collect” section above. We describe the purposes for which we use and share this information in the “How We Use Your Personal Information” section above and the “Disclosure of Personal Information” section above.
Access. You can request a copy of the Personal Information that we maintain about you.
Deletion. You can ask to delete the Personal Information that we maintain about you.
Opt out of the sale or sharing of your Personal Information. We do not sell or share Personal Information for purposes of the CCPA.

Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request. You are entitled to exercise the rights described above free from discrimination regarding your access to and use of our Services.

Although Agenus is not a covered business subject to the CCPA, we will respond to these privacy rights requests. To request access to or deletion of Personal Information collected via the Services, please contact us via email at: agenus.data.protection@agenusbio.com.

To verify your identity prior to responding to your requests, we may ask you to confirm the information that we have on file about you or your interactions with us. Where we ask for additional Personal Information to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.

Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf.

Job Applicants — We may collect the following categories of Personal Information regarding job applicants:

Personal and online identifiers (such as first and last name, email address, cellphone number or unique online identifiers);
Location information;
Professional or employment-related information;
Education information;
Inferences drawn from the above information about your predicted characteristics and preferences; and
Other information about you that is linked to the Personal Information above.

This information is collected directly from job applicants themselves or third parties who have a right to disclose this information to us. We use and disclose your Personal Information to process, evaluate and communicate with you about their application and qualifications for the position applied for, to check your references and to communicate with you about other jobs for which you may be qualified.

Job applicants may also submit requests to us to know what Personal Information we may have collected about you, correct your Personal Information or delete your Personal Information from our systems and records, as described above.

Notice to Residents of Other US States

Recent other State consumer privacy laws – for example but not limited to Colorado, Connecticut, Virginia and Utah — may provide their residents with similar rights regarding our use of their Personal Information, such as:

Confirm whether we collect and process their Personal Information;
Access and delete certain Personal Information;
Data portability;
Correct inaccuracies in their retained Personal Information;
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects; and
Opt-out of selling or sharing Personal Data processing for online advertising and sales.

To exercise any of these rights, please send an email to agenus.data.protection@agenusbio.com.

Third Party Sites

Please note that the Site may contain links to several other websites, content or services that are owned or controlled by third parties and not Agenus. Any links are not an endorsement, authorization or representation that we are affiliated with that third party. Please be aware that Agenus is not responsible for the privacy practices of sites other than its own. You understand that when you click on these links, any data which you provide to the third party is subject to that third-party’s privacy policy and not to ours. We can take no responsibility for the content, safety, privacy or security of any third-party application, service or website. We encourage you to review and understand the privacy practices of any Third-Party Sites before providing any information to or through them.

Updating Your Information and Preferences

We retain all personal information for the duration of the relevant business, as required to satisfy any legal, accounting, or reporting obligations, or as necessary to resolve disputes. You may update your Personal Information and your communications preferences in a number of ways.

If you have an account with us, please log into your account and make the appropriate updates.
You may always contact us for assistance webmaster@agenusbio.com if you have any issues updating your information or communication preferences.

Updates to This Privacy Policy

From time to time, we may update and post revisions to this Privacy Policy. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we change our information handling practices in a way that materially affects how we handle your Personal Information, we will provide you notice on the Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

Please contact us if you have any questions or concerns about your Personal Information or require assistance in managing your choices.

Agenus Inc.
3 Forbes Road
Lexington, MA 02421-7305

Phone: 781.674.4400
Email: agenus.data.protection@agenusbio.com