We respect your privacy. This privacy policy and agreement (this "Privacy Policy") describes how we collect, use, and treat personal information that you provide to Clene Inc. ("Clene", "we", "our", or "us"): (i) through our website at www.clene.com (our "Website" or "Site"); or (ii) while otherwise using the services and information available via the Website or otherwise (collectively, the "Services") (the Services, together with our Website, are referred to as the "Platform").


1. Your Consent to this Privacy Policy.

You indicate your consent to this Privacy Policy by using our Platform or otherwise participating in our Services. In any case, you are acknowledging that you have read and understood this Privacy Policy, and agree to be legally bound by it. If you do not agree with the terms of this Privacy Policy, then please do not use our Platform.

2. The Information We Collect.

To provide our Services, and to otherwise conduct our business, we rely on information provided by, and collected from, our users. This information consists of the following:

2.1 Personal Information.

We collect certain information that identifies you as an individual, and any other information that we associate with it (collectively, "Personal Information"). The Personal Information we collect may include the following:

  • Your name, phone number, email address, and other contact information;

If you provide us with any Personal Information relating to another individual, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

2.2 Online Activity Information.

We also collect technical and device-related information through our Platform and third party analytics tools that we use (collectively, "Online Activity Information"). For example, we use your IP address, time and date of your visit, and your interactions within the Platform to monitor customer traffic patterns and site usage to help us improve your user experience and ensure the quality of our service to you. Subject to Section 2.4 (Treatment of Combined Information) below, we will treat Online Activity Information as Anonymous Information unless an applicable law establishes that Online Activity Information constitutes Personal Information.

2.3 Anonymous Information.

We may also have (i) information that does not identify you or your devices, and (ii) de-identified Personal Information that no longer identifies you (collectively, "Anonymous Information"). Information that meets either of these criteria may include, for example, certain demographic information, statistical information (e.g., page views and hit counts), and general tracking information. We use Anonymous Information for our business operations, such as to improve our Platform. Because Anonymous Information does not include Personal Information, any Anonymous Information, and our use of it, is not subject to this Privacy Policy.

2.4 Treatment of Combined Information.

If we combine Online Activity Information or Anonymous Information with Personal Information, then we will treat the resulting combination as Personal Information subject to the terms of this Privacy Policy. Moreover, we may combine Personal Information that you provide to us with other data for our business operations and for other purposes specified in this Privacy Policy. If information we combine in this manner includes your Personal Information, we will treat the combined information as your Personal Information for all purposes under this Privacy Policy.

3. How We Collect Information.

3.1 Site Visitors.

We allow you to visit our Site and review other information about our Services without revealing your identity or otherwise providing Personal Information. In that case, the only information that we collect from your visit will be Online Activity Information or Anonymous Information. As a casual site visitor, you decide whether to provide us with your Personal Information.

3.2 Contacting Clene.

You can contact us with questions, comments, or other communications. In order to communicate with us, you must provide certain Personal Information. We may use Personal Information and other information submitted to provide you with the information, products, and services that you have requested.

3.3 Information Received from Third Parties.

As explained further in Section 7.1 (Our Service Providers), we may engage third parties to perform certain services for us or on our behalf. For example, various web forms and functionalities available on our Platform may be managed by such third parties, and we may obtain from the applicable Service Provider the information that you provide to such Service Provider (including Personal Information). We may also receive information from third parties such as our partners, public databases, and social media platforms, to supplement the information that we receive from you. This Privacy Policy will govern how we use information we collect in this manner.

3.4 Newsletters.

We may offer newsletters and other content about the Platform, our services and products, and other issues that we believe may be of interest to you.

3.5 Employment Applications.

We may invite you to apply for employment opportunities with us by submitting your Personal Information, employment information, resume and other, similar kinds of information. We may also rely on Service Providers to support the collection and processing of such information in connection with employment applications. We will treat such Personal Information you provide to us directly or that we receive from Service Providers in compliance with this Privacy Policy, and use this Personal Information to assess and process your employment application. We do not guarantee that we will contact you after you submit an employment application.

4. How We Collect Online Activity Information and Anonymous Information.

4.1 Logs; IP Addresses.

Either directly, or through our Service Provider, we may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer's name, the type and version of your web browser, referrer addresses, where the computer is routing from, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Platform is being used and for security and monitoring purposes.

4.2 Computer Configuration.

We may collect certain Anonymous Information in order to determine whether your computer is supported by our system. This information includes, but may not be limited to, your operating system and browser, the presence of any software that our Platform may require to operate with your computer, or other third party software on your computer. This information is kept strictly confidential and is not shared with third parties, except as provided for in this Privacy Policy.

4.3 Cookies.

A cookie is a small amount of data that is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. For example, we may include cookies on our Platform and use them to recognize you when you return to our Platform. You may choose not to accept cookies; however, you may need to enable cookies if you wish to access certain personalized features of our Services.

4.4 Tags.

We may use so-called "pixel tags" – small graphic images (also known as "web beacons" or "single-pixel gifs") – to tell us which parts of our Platform have been visited or to measure the effectiveness of searches customers perform on our Platform. As noted above, any Personal Information collected using such tools will be subject to the terms of this Privacy Policy.

4.5 Click-Throughs.

We may send email messages that use a "click-through URL" linked to content on our Platform. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and to measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 9 (Your Choices Regarding Your Personal Information; Opting Out).

5. GDPR.

We do not intentionally target or otherwise seek to collect or receive Personally Identifiable Information from residents outside of the United States, such as from the European Economic Area. As such, we do not specifically address foreign laws such as the EU General Data Protection Regulation (“GDPR”) in this Policy, and will protect all Personally Identifiable Information as described by this Privacy Policy.

6. How We Use this Information

We use the information we collect or process, including Anonymous Information and Personal Information, as permitted under Applicable Law, including where the use is based on (i) the consent you provide to us at the point of collection as set out in Section 1 (Your Consent to this Privacy Policy); (ii) performance of our agreement to provide you with the Services; (iii) compliance with our legal obligations; and/or (iv) our Legitimate Interests, as well as a third party's Legitimate Interests. More specifically, we use the information we collect for some or all of the following:

Our Use of the Information

Bases for Our Use

To provide you with the information and Services you request and, specifically, to allow us to:

  • send you information via email
  • send you questionnaires and surveys in connection with participation in our Services
  • to send you newsletters and press releases you have requested
  • Performance and management of our agreement with you

To respond to your inquiries

  • Performance and management of our agreement with you

To customize your visit to and use of the Platform

  • Our Legitimate Interests

To determine which Services and content (including marketing content) might interest you

  • Your consent
  • Our Legitimate Interests

To inform you of products and Services that we think would be appealing to you, whether the products or services are provided by us or by others and whether the products are services are available via our Platform or via some other channel (including channels operated by third parties); this includes information in the form of recommendations and endorsements that we might provide

  • Your consent
  • Our Legitimate Interests

To track access to and use of our Platform, and conduct data and other analyses, including anonymization and aggregation of Personally Identifiable Information

  • Our Legitimate Interests

To perform internal administration, auditing, operation, and troubleshooting for our Platform

  • Our Legitimate Interests

To engage in the activities specified in Section 7 (How We May Disclose This Information)

  • Our Legitimate Interests
  • Compliance with our legal obligations
  • Performance and management of our agreement with you

To evaluate and improve our Platform and our communications, and to develop and test new services and content

  • Our Legitimate Interests

To comply with Applicable Law

  • Compliance with our legal obligations

Note that when determining the bases for our use of your information, we rely on what we consider to be the most appropriate basis, even if there are multiple bases available in connection with our use.

7. How We May Disclose This Information.

We share the information we collect only in the manner set out below.

7.1 Our Service Providers.

We engage third parties to perform functions on our behalf, such as maintaining the Platform, collecting information, responding to and sending email or other messages, and other functions useful to our business (collectively, the "Service Providers"). To this end, we may provide our Service Providers with Personal Information, Online Activity Information, and Anonymous Information. The following are examples:

  • We may use Service Providers: (i) to fulfill your requests; (ii) to process and distribute email; and (iii) to manage activities related to our business and services. These Service Providers generally require access to your Personal Information in order to perform these services.
  • We may use Service Providers to provide customer service (where applicable) and other types of support. These Service Providers generally require access to your Personal Information in order to perform these services.
  • We may use analytics Service Providers to assist us in understanding and using Online Activity Information and other information that we collect via the Site.
  • Our Platform may include links to third party websites offering services that augment our Services.
  • We may use Service Providers to anonymize and aggregate Personal Information in order to generate Anonymous Information.

We require our Service Providers to contractually commit to protect the privacy and security of the Personal Information they process on our behalf.

7.2 Questions of Harm; Legal Process.

We may disclose your Personal Information and Online Activity Information to third parties, including law enforcement agencies, attorneys, and private investigator organizations, where it is necessary, or where we have a good faith belief that it is necessary to: (i) comply with legal process; (ii) protect and defend our rights and property, including the Platform and associated content; (iii) protect against misuse or unauthorized use of our Platform; (iv) protect the personal safety or property of users or the public, including your personal safety or property (it being understood that we assume no duty to provide, or monitor the need for, such protections); and (v) cooperate with public and government authorities including, where required, authorities outside your jurisdiction. While you are not able to opt out of this use of information, we will take reasonable steps to limit such use, and disclose only the information we reasonably believe is necessary for the above purposes. If we receive legal process calling for the disclosure of your Personal Information, then we will attempt to notify you within a reasonable amount of time unless such notification is not permitted.

7.3 Corporate Transactions.

We shall be entitled to transfer information that we collect (including Personal Information) to a third party in connection with or in contemplation of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition (including a disposition in connection with a bankruptcy or similar proceedings) of all or substantially all assets or stock of the business unit or division responsible for the information under this Privacy Policy; provided the acquiring third party has agreed to safeguard your Personal Information with protections that are compatible with those set out in this Privacy Policy.

7.4 Our Affiliates.

We may choose to rely on and share the information we collect with our affiliates. By "affiliate" we mean an entity that is closely related to us, such as an entity that controls, is controlled by, or is under common control with us. Our affiliates will be bound by the terms of this Privacy Policy.

8. Disclosing Personal Information Where it is Not Specifically Requested.

If we have not specifically asked for your Personal Information, for example, in a particular portion of an online form, then you should not provide any Personal Information in that portion of the form.

9. Our Retention of Personal Information.

We retain Personal Information for the period of time necessary to fulfill the purposes for which we obtained the Personal Information and consistent with applicable law. We use the following criteria to set our retention periods: (i) the duration of our relationship with you; (ii) the existence of a legal obligation as to the retention period; and (iii) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).

10. Accuracy and Minimization of Personal Information.

We take reasonable steps (i) to maintain the accuracy of the Personal Information we process, and (ii) to limit the Personal Information that we process to that which is reasonably necessary for the purposes for which we obtained the information.

11. Your Choices Regarding Your Personal Information; Opting Out.

11.1 Unsubscribing to Marketing Communications.

If you no longer wish to receive bulletins, updates, or other marketing-related materials from us, you can opt out of this Service by either (i) following the "unsubscribe" instructions located near the bottom of each email message, or (ii) contacting us as provided in Section 17 (Contact Us).

11.2 Discretionary Account Information.

To allow appropriate control over Personal Information, you can view, change, or update discretionary information that you have previously submitted either by contacting us as provided in Section 17 (Contact Us) below or by accessing your account on our Site (if such functionality is available to you).

11.3 Access, Deletion, and Do-Not-Sell Requests.


We provide the following additional rights with respect to your Personal Information:

11.3.1 Copy of Personal Information.

You may request a copy of the following: (i) the categories of Personal Information we collected about you; (ii) the categories of sources from which the Personal Information is collected; (iii) the business or commercial purpose for collecting or selling (if applicable) the Personal Information; (iv) the categories of third parties with whom we share Personal Information; and (v) the specific pieces of Personal Information we have collected about you.

11.3.2 Deletion of Personal Information.

You may request that we delete your Personal Information. Note that deletion requests are subject to a number of limitations, for example, we may keep Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for other internal business purposes consistent with the terms under which it was collected.

11.3.3 Do-Not-Sell Requests.

You may request that we do not share your Personal Information with third parties to be used for purposes not described in this Privacy Policy. The California Consumer Privacy Act refers to this as a "Do Not Sell" request. Clene only seeks to share Personal Information with Service Providers and others described above for purposes identified in this Privacy Policy, but Online Activity Information or Anonymous Information collected by Service Providers providing pixels or other third party technologies on our Website could potentially be used by those Service Providers for their own purposes, some of whom may be able to associate such information with you based on other information they have collected independently (not from Clene). We will endeavor to block such sharing upon request.

11.3.4 Submission of Requests.

You can submit any of these requests by clicking here: https://clene.com/contact/ by contacting us at info@clene.com. You may authorize another person (your "Agent") to submit a request on your behalf the same way. Shortly after you (or your Agent) submit a request, we will contact you (usually via email) with instructions on how to verify the submitted request before we fulfill it. Please be advised that these requests are unrelated to an opt-out of marketing communications, which can be done as provided in Section 11.1 (Unsubscribing to Marketing Communications) above.

11.3.5 Response to Requests.

Please be advised that Clene will fulfill these requests in its reasonable discretion and in a manner consistent with any applicable law. Likewise, we will aim to complete such requests as soon as reasonably practicable and in a manner consistent with any applicable law. If you otherwise have concerns or objections with our processing of your Personal Information, please contact us as provided in Section 17 (Contact Us).

11.4 Anonymous Information.

We will not delete Anonymous Information from our database, and nothing in this Privacy Policy restricts our use of Anonymous Information.

12. Security.

We recognize the sensitivity of your Personal Information and we have put in place security systems designed to prevent unauthorized access to, or disclosure of, Personal Information. Our security systems include physical, technical, and administrative information security controls, and we take commercially reasonable steps to secure and safeguard such Personal Information in accordance with applicable law. However, due to the nature of internet communications and information technology, we cannot provide, and expressly disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

13. Notice of Privacy Rights to California Residents

California law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personal Information to third parties for direct marketing purposes. The California "Shine the Light" law further requires us to allow California residents to opt out of certain disclosures of Personal Information to third parties for their direct marketing purposes.

14. Advisory Regarding Participation by Children and Teens.

Children under the age of 13 may not create an account with us or use our Platform. We do not knowingly collect or solicit Personal Information from individuals that we know to be under 13 years old; if you are a child under 13, please do not attempt to use the Platform or send any Personal Information about yourself to us. If we learn we have collected Personal Information from a child under 13, we will delete that information as quickly as possible. If you are between 13 and the applicable age of majority, please review this Privacy Policy with your parent or guardian. If you wish further information concerning privacy policies in general, and concerning online social networking and safety, please visit the following website: www.ftc.gov/privacy/index.html.

15. Changes to this Privacy Policy

From time to time, we may change this Privacy Policy for our business purposes and to comply with changes in applicable law. In the event of substantive or material changes, we will communicate these changes to you by posting the updated Privacy Policy on the Platform and/or notifying you of the change via the Platform, email, or other methods. Your subsequent acceptance of the Privacy Policy pursuant to Section 1 (Your Consent to this Privacy Policy) constitutes your agreement to be bound by the Privacy Policy, as updated.

16. Feedback.

We want your feedback. If you have a suggestions on how we can improve our Services or complaints you would like us to address, please contact us at the address set out in Section 17 (Contact Us). If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Other states may provide similar avenues for lodging complaints. Please check with your state's consumer protection authority.

17. Contact Us.

We welcome your comments. If you have any questions or concerns about our Privacy Policy, our information practices, technical or general support, please contact us at legal@clene.com.

18. Do Not Track Notice.

Our Platform does not change its behavior when receiving "Do Not Track" signals from browser software.

19. Relationship to Other Contracts and the Terms of Use.

This Privacy Policy must be read in conjunction with any other agreement entered into by you and us that references this Privacy Policy or that otherwise relates to Personal Information, such as an end user license agreement (collectively, the "Other Contracts"), as well as our Terms of Use., https://invest.clene.com/terms-of-use. The provisions of such Other Contracts are incorporated herein. To the extent that the Terms of Use conflict with this Privacy Policy, this Privacy Policy shall control. To the extent that the Other Contracts conflict with this Privacy Policy or the Terms of Use, the Privacy Policy shall control with respect to our treatment of Personal Information, unless expressly stated otherwise.

20. International Considerations.

Our Services are intended for use within the United States. While our primary data centers are in the United States, we may transfer information outside of the United States. In addition, we may employ Service Providers, other companies, and other individuals to perform functions on our behalf. If we disclose Personal Information to a third party or to our employees outside of the United States, then we will seek assurances that any information we may provide to them is safeguarded adequately and in accordance with this Privacy Policy. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy and understand that we operate under applicable laws within the United States.

21. Effective Date.

The effective date of this Privacy Policy is December 30, 2020.


Copyright © 2020 Clene Inc. All Rights Reserved.