Conceptus, Inc. respects individual privacy and values the confident of its customers, employees, clinical
trial participants, consumers, business partners and others. Not only does Conceptus 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
follows with respect to transfers of personal information from the European Economic Area (EEA)
(which includes the twenty‐seven member states of the European Union (EU) plus Iceland, Lichtenstein
and Norway) to the United States.
The United States Department of Commerce (“USDC”) and the European Commission have agreed on a
set of data protection principles and frequently asked questions to enable U.S. companies to satisfy the
requirement under EU law that adequate protection be given to personal information transferred from
the EEQ to the United States (the “U.S. – EU Safe Harbor”). The EEA has also recognized the U.S.‐EU
Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p.47). Consistent with its
commitment to protect personal privacy, Conceptus adheres to the principles set forth in the U.S.‐EU
Safe Harbor (the “Safe Harbor Principles”).
This Policy applies to all personal information received by Conceptus in the United States from the EEA,
in any format, including electronic, paper or verbal.
For the purposes of this Policy, the following definitions shall apple:
“Agent” means any third party that collects or uses personal information under the instructions of, and
solely for, Conceptus or to which Conceptus discloses personal information for use on Conceptus’
“Conceptus” means Conceptus, Inc., its predecessors, 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 Conceptus 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 nonpublic
“Sensitive personal information” means personal information that reveals race, ethnic origin, political
opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns
health or sex life, information about social security benefits, or information on criminal or administrative
proceedings and sanctions other than the context of pending proceedings. In addition, Conceptus will
treat as sensitive personal information any information received from a third party where that third
party treats and identifies the information as sensitive.
The privacy principles in this Policy have been developed based on the Safe Harbor Principles.
NOTICE: When Conceptus collects personal information directly from individuals in the EEA, 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 Conceptus discloses that information, the choices and means,
if any, Conceptus offers individuals for limiting the use and disclosure of personal information about
them, and how to contact Conceptus. Notice will be provided in clear and conspicuous language when
individuals are first asked to provide personal information to Conceptus, or as soon as practicable
thereafter, and in any event before Conceptus uses or discloses the information for a purpose other
than that for which it was originally collected.
Where Conceptus receives personal information from its subsidiaries, affiliates or other entities in the
EFA, it will use and disclose 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: Conceptus 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, Conceptus 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.
Conceptus will provide individuals with reasonable mechanisms to exercise their choices.
Data Integrity: Conceptus will use personal information only in ways that are compatible with the
purposes for which it was collected or subsequently authorized by the individual. Conceptus will take
reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete
Transfers to Agents: Conceptus will obtain assurances from its agents that they will safeguard personal
information consistently with this Policy. Examples of appropriate assurances that may be provided by
agents include: a contract obligating the agent to provide at least the same level of protection as is
required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data
Protection Directive), being subject to Swiss Federal Act on Data Protection, Safe Harbor certification by
the agent, or being subject to another European Commission or Swiss FDPIC adequacy finding (e.g.,
companies located in Canada). Where Conceptus has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Conceptus will take reasonable steps to
prevent or stop the use or disclosure.
Access and Correction: Upon request, Conceptus will grant individuals reasonable access to personal
information that it holds about them. IN addition, Conceptus will take reasonable steps to permit
individuals to correct, amend, or delete information that is demonstrated to be inaccurate or
Security: Conceptus will take reasonable precautions to protect personal information in its possession
from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Verification and Enforcement: Conceptus will conduct annual compliance audits of its relevant privacy
practices to verify adherence to this Policy. The Company’s Privacy Officer will sign a verification
statement after the completion of the audit. Any employee that Conceptus 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 Conceptus Privacy Office at the address given below. Conceptus will
investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal
information by reference to the principles contained in the Policy. For complaints that cannot be
resolved between Conceptus and the complainant, we agree to dispute resolution using the American
Arbitration Association as a third party resolution provider.
Limitation on Application of Principles
Adherence by Conceptus to these Safe Harbor Principles may be limited (a) to the extent required to
respond to a legal or ethical obligation: (b) to the extent necessary to meet national security, public
interest or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law,
rule or regulation.
Conceptus sees the Internet and the use of other technology as valuable tools to communicate and
interact with consumers, employees, healthcare professionals, business partners, and others.
Conceptus recognizes the importance of maintaining the privacy of information collected online and has
collected through web sites that it operates. With respect to personal information that is transferred
from the European Economic Area or Switzerland to the U.S., the IPP is subordinate to this Policy.
However, the IPP also reflects additional legal requirements and evolving standards with respect to
Questions or comments regarding this Policy should be submitted to the Conceptus Privacy Office by
331 E. Evelyn Avenue
Mountain View, CA 94041
This Policy may be amended from time to time, consistent with the requirement of the Safe Harbor
Effective Date: July 11, 2012