Privacy Policy - We are Minomic

This privacy policy explains how we collect, hold, use, disclose, secure, and otherwise manage the personal information of individuals who interact with us. It describes the types of information we collect and hold and why, how to access and correct the information and how to make a privacy complaint. Types of Data collected Among the types of Personal Data that this website (“Application”) collects, by itself or through third parties, there are email addresses; Cookies; Usage Data. Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection. Personal Data may be freely provided by the User, or, in the case of Usage Data, collected automatically when using this Application. Unless specified otherwise, all Data requested through this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service. Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available. Users are responsible for any third-party Personal Data obtained, published, or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner. What is personal information? Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether that information or opinion is true or not, and whether the information or opinion is recorded in a material form or not. Sensitive information is a type of personal information that is afforded a higher level of protection by privacy laws. It includes health, genetic and biometric information as well as information about race or ethnic origin, political opinions, membership of political, professional or trade associations or trade unions, religious beliefs, sexual orientation or practices and criminal record. References in this policy to personal information include sensitive information and health information. What personal information do we collect and hold? Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. We may collect personal identification information from Users in a variety of ways, including, but not limited to when users visit our site, register on the site, subscribe to the newsletter, fill out a form, and in connection with other activities, features, or resources we make available on our Site. We may collect personal information from you as part of clinical research studies. Information about study participants is usually required to be provided by researchers in a de-identified format (that is, a format in which the identity of the person cannot be reasonably identified). Researchers are required to seek express consent to collect and disclose health-related information. Personal Information Personal information which may be collected by Minomic includes, but is not limited to the following:

Contact details including name, telephone number, address, email, phone number

Qualifications, area of specialty and research interests/expertise

Expressions of interest in clinical research studies

Workplace information (e.g., research institute, hospital, university, specialist practice)

Financial information, including bank details, superannuation, tax file number

Personal details such as gender, age, date of birth, next of kin, signature, photo

Employment information such as salaries and wages, education/employment history, curriculum vitae

Business details such as ABN, and contact details (including phone, mobile, and email)

Other information that is needed to interact with us

We generally collect personal information directly from you. However, we may use other sources such as recruitment agencies, contractors, or business partners to collect personal information. In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning Services or the collection and processing of Personal Data upon request. Health Information Health information that may be collected by Minomic includes, but is not limited to the following:

Details of adverse device events (associated with clinical research studies or from our products when they are in the market)

Details of pathology, surgery, treatment, and underlying medical conditions

Medical images including MRI, CT scans, X-rays

Details of clinic or hospital (including reporter information) at which the adverse event, diagnosis or treatment was obtained

Medical practitioner details

Results from blood tests

Collecting personal health information for clinical studies When interacting with our Site to obtain information about our clinical studies and/or potential participation in our clinical studies, we shall provide you with an information pack directing you to a relevant study institution. We may collect your geographic location to help guide us as to the best location for you to participate in one of our clinical studies. Should you be interested, any further personal information shall be collected by the study institution. Minomic may store information related to your participation in a database in accordance with security measures outlined in this Privacy Policy. Collection of Information In performing the company’s business activities Minomic may collect personal information that relates to employees, contractors, consultants, external providers, patients, doctors, customers, clients, and the wider community. When collecting information, Minomic takes reasonable steps to make an individual aware of the following:

Minomic’s contact details (or details of the Privacy Officer)

The fact that the individual can access their information

The purpose for collecting the information and to whom it would normally be disclosed to

Whether the disclosure is required by law

The main consequences of not providing that information is that it might impact upon Minomic’s capacity to provide you with the information that you want. Method of Collection of Personal Information Personal information mainly for the conduct of Minomic’s primary business is collected through an electronic form (via email or completion of a form on our website). In some instances, information about an individual may be provided via an authorised third party, e.g., the patient’s doctor or nurse. Minomic will only collect personal information about an individual by lawful, secure, and fair means, and not in an unreasonably intrusive way Use of Personal Information The main purposes of collecting personal information about individuals are:

To respond to an individual’s request

To provide test results

To maintain contact with individuals and researchers

To keep clients and other contacts informed of Minomic research pipeline, our clinical studies, and industry developments that may be of interest to them, and to notify them of service offerings, seminars, and other events we are holding

For the management and reporting of adverse events

For general management and reporting purposes, such as invoicing and account management

For recruitment purposes

For purposes related to the employment of our personnel and providing internal services to our staff and

All other purposes related to our business.

Minomic may use personal information about individuals to notify them of company updates, educational seminars, clinical studies, and other information, including by email. However, individuals always can elect not to receive further marketing information (Opt-out) by writing to or emailing us. If Minomic collects or uses personal information in ways other than as stated in this policy, Minomic will ensure it is undertaken pursuant to the requirements of the Privacy Act. What trans-border disclosures do we make? Minomic and its related entities may exchange personal information. As a result, Minomic may transfer personal information outside Australia to countries whose privacy laws do not provide the same level of protection as Australia’s. Minomic may need to exchange information with overseas facilities or contractors to process or back up our information or to provide certain services to us. As a result, we may transfer personal information to overseas facilities or contractors for these purposes. However, any such transfer of information does not change any of Minomic’s commitments to safeguard privacy and the information remains subject to existing confidentiality obligations. Disclosure of Personal Information Personal and health information collected and held by Minomic will only be accessed and handled by personnel authorised to do so, for the purpose of carrying out their duties. Apart from the exceptions listed below, Minomic will only use or disclose information for the purpose for which it was collected. Minomic will not use or disclose information about an individual for a secondary or another purpose, other than the main purpose of collection unless any of the following apply:

The secondary purpose is related to the main purpose of collection, and, in the case of health information, determined by the Privacy Officer to be directly related to the main purpose of collection; and

The individual would reasonably expect Minomic to use or disclose the information for the secondary purpose

The individual has consented to the use or disclosure

The use or disclosure is permitted or authorised by Privacy Laws

After notification, the Privacy Officer reasonably believes that the use or disclosure is necessary to lessen or to prevent either:

Employees and contractors are prohibited from disclosing information about or undertaking transactions on behalf of a customer, doctor, or patient, without the individual’s authorisation. This includes disclosure of information to and transactions with partners, relatives, friends, or organisations. Management and Security of Personal Information We store personal and health information in both paper and electronic forms. The security of personal and health information is very important to us, and we take reasonable steps to protect it from misuse, interference, and loss and from unauthorised access, modification, or disclosure. Some of the ways we do this include:

Requiring our staff to maintain confidentiality

Implementing document storage security

Imposing security measures for access to our computer systems

Providing a discreet environment for confidential discussions, and

Allowing access to personal and health information only where the individual seeking access to their own information has satisfied our identification requirements.

Personal and health information is retained for the period determined by applicable Australian laws after which it is de-identified or disposed of in a secure manner Privacy on the Website This policy also applies to any personal information Minomic collects via our websites, and includes information collected via the websites of related companies. In addition to personal information provided to Minomic directly (such as when an individual or company makes a request or completes a registration form), Minomic may also collect personal information from you via its websites. Cookies Cookies are data that a Web site transfers to an individual’s hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most Web sites, including those operated by us, can facilitate a user’s ongoing access to and use of a site. They allow us to customise the website to your needs. If you do not want information collected using Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with some features of our online services. Links to other sites We may provide links to Web sites outside of our websites, as well as to third-party websites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement. Access Minomic’s privacy policy can be obtained by contacting the Privacy Officer. Personal information held by Minomic may be accessed or corrected by the individual to whom the information belongs. For corrections, the Privacy Officer should be contacted in writing by email or mail. When an individual makes a request to access personal information, Minomic will require them to provide some form of identification (such as a driver’s licence or passport) so that Minomic can verify that they are the person to whom the information relates. How do we keep personal information accurate and up to date? We take all reasonable steps to ensure that the personal information we collect is accurate, complete, and up-to-date, and when we use or disclose it, that it is relevant. We will also take reasonable steps to correct the personal information we hold if we are satisfied that it is inaccurate, incomplete, out of date, irrelevant or misleading, or if an individual asks us to correct their personal information for these reasons. A request to correct personal information can be made at any time by contacting us at the details below. However, the accuracy of that information depends largely on the quality of the information provided to us. We, therefore, suggest that individuals:

let us know if there are any errors in their personal information; and

keep us up to date with changes to their personal information (e.g., their name and address). Individuals may do this by mail or email using the information provided below. There may be circumstances in which we may have to refuse a request for correction. If this happens, we will notify the individual in writing of our reasons for the refusal and explain how they can complain if they are not satisfied.

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:

Personal Data collected for purposes related to the performance of a contract between yourself and Minomic shall be retained until such contract has been fully performed.

Personal Data collected for the purposes of Minomic’s legitimate interests shall be retained if needed to fulfil such purposes.

Minomic may be allowed to retain Personal Data for a longer period whenever you have given consent to such processing if such consent is not withdrawn. Furthermore, Minomic may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period

Changes to this privacy policy Minomic has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your acceptance of these terms By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes Complaints or Enquiries Any complaints about s handling of personal information or enquiries about this policy are to be directed to the Privacy Officer. For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s website https:// www.oaic.gov.au Information Choices and Changes From time to time and in compliance with applicable law requirements (e.g. based upon your prior consent if required under the law applicable to you), we may use contact information that you have provided to send you information regarding products and services, as well as other information that we think may be useful to you. If you do not wish to receive marketing information from us, you may opt out by declining marketing information when registering or at other information collection points on the Sites or by following opt-out instructions included in such communications. You may send requests about the personal information to our Contact Information below. You can request to change contact choices, opt out of our sharing with others, and update your personal information. You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you. Security Policies We use certain security measures to safeguard your personal and other information from unauthorized access or use. No such measure is ever 100% effective though, so we do not guarantee that your personal and other information will be secure from theft, loss, or unauthorized access or use, and we make no representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard such information. Updates to our 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. Minor changes to the Policy may occur that will not significantly affect our use of personal information without notice or consent. We encourage you to periodically review this page for the latest information on our privacy practices. Should the updates affect processing activities performed based on your consent, Minomic shall endeavour to collect new consent from you, where required. This Privacy Policy was updated as of 19 October 2022. Disclaimer By using this site, you signify your assent to this Online Privacy Policy. If you do not agree to this Policy, please do not use this Site. Please check this page periodically for changes. Your continued use of the Site following the posting of changes to this Policy will mean that you accept those changes. Contact Us If you have any questions or concerns about the way your Personally Identifiable Information is used and handled, please e-mail us at info@minomic.com Minomic International Ltd, Level 1, 3 Innovation Road, Macquarie Park, NSW, 2113 Australia. Privacy Policy [/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]

Contact details including name, telephone number, address, email, phone number

Qualifications, area of specialty and research interests/expertise

Expressions of interest in clinical research studies

Workplace information (e.g., research institute, hospital, university, specialist practice)

Financial information, including bank details, superannuation, tax file number

Personal details such as gender, age, date of birth, next of kin, signature, photo

Employment information such as salaries and wages, education/employment history, curriculum vitae

Business details such as ABN, and contact details (including phone, mobile, and email)

Other information that is needed to interact with us

Details of adverse device events (associated with clinical research studies or from our products when they are in the market)

Details of pathology, surgery, treatment, and underlying medical conditions

Medical images including MRI, CT scans, X-rays

Details of clinic or hospital (including reporter information) at which the adverse event, diagnosis or treatment was obtained

Medical practitioner details

Results from blood tests

Minomic’s contact details (or details of the Privacy Officer)

The fact that the individual can access their information

The purpose for collecting the information and to whom it would normally be disclosed to

Whether the disclosure is required by law

To respond to an individual’s request

To provide test results

To maintain contact with individuals and researchers

To keep clients and other contacts informed of Minomic research pipeline, our clinical studies, and industry developments that may be of interest to them, and to notify them of service offerings, seminars, and other events we are holding

For the management and reporting of adverse events

For general management and reporting purposes, such as invoicing and account management

For recruitment purposes

For purposes related to the employment of our personnel and providing internal services to our staff and

All other purposes related to our business.

The secondary purpose is related to the main purpose of collection, and, in the case of health information, determined by the Privacy Officer to be directly related to the main purpose of collection; and

The individual would reasonably expect Minomic to use or disclose the information for the secondary purpose

The individual has consented to the use or disclosure

The use or disclosure is permitted or authorised by Privacy Laws

After notification, the Privacy Officer reasonably believes that the use or disclosure is necessary to lessen or to prevent either:

Requiring our staff to maintain confidentiality

Implementing document storage security

Imposing security measures for access to our computer systems

Providing a discreet environment for confidential discussions, and

Allowing access to personal and health information only where the individual seeking access to their own information has satisfied our identification requirements.

let us know if there are any errors in their personal information; and

keep us up to date with changes to their personal information (e.g., their name and address). Individuals may do this by mail or email using the information provided below. There may be circumstances in which we may have to refuse a request for correction. If this happens, we will notify the individual in writing of our reasons for the refusal and explain how they can complain if they are not satisfied.

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:

Personal Data collected for purposes related to the performance of a contract between yourself and Minomic shall be retained until such contract has been fully performed.

Personal Data collected for the purposes of Minomic’s legitimate interests shall be retained if needed to fulfil such purposes.

Minomic may be allowed to retain Personal Data for a longer period whenever you have given consent to such processing if such consent is not withdrawn. Furthermore, Minomic may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period

Minomic Privacy Policy Minomic respects the rights of individuals to privacy and the confidentiality of information about individuals it deals with. Minomic is required to comply with the Privacy Act 1988 (Cth) (Privacy Act) and handles the personal information that it collects and holds in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act. For more information on the APPs: Australian Privacy Principles — OAIC. Minomic is committed to the protection of personal and health information in accordance with these privacy laws. By using this site, you agree to the Privacy Policy of Minomic which is set out on this website page. About Minomic’s privacy policy This privacy policy explains how we collect, hold, use, disclose, secure, and otherwise manage the personal information of individuals who interact with us. It describes the types of information we collect and hold and why, how to access and correct the information and how to make a privacy complaint. Types of Data collected Among the types of Personal Data that this website (“Application”) collects, by itself or through third parties, there are email addresses; Cookies; Usage Data. Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection. Personal Data may be freely provided by the User, or, in the case of Usage Data, collected automatically when using this Application. Unless specified otherwise, all Data requested through this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service. Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available. Users are responsible for any third-party Personal Data obtained, published, or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner. What is personal information? Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether that information or opinion is true or not, and whether the information or opinion is recorded in a material form or not. Sensitive information is a type of personal information that is afforded a higher level of protection by privacy laws. It includes health, genetic and biometric information as well as information about race or ethnic origin, political opinions, membership of political, professional or trade associations or trade unions, religious beliefs, sexual orientation or practices and criminal record. References in this policy to personal information include sensitive information and health information. What personal information do we collect and hold? Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. We may collect personal identification information from Users in a variety of ways, including, but not limited to when users visit our site, register on the site, subscribe to the newsletter, fill out a form, and in connection with other activities, features, or resources we make available on our Site. We may collect personal information from you as part of clinical research studies. Information about study participants is usually required to be provided by researchers in a de-identified format (that is, a format in which the identity of the person cannot be reasonably identified). Researchers are required to seek express consent to collect and disclose health-related information. Personal Information Personal information which may be collected by Minomic includes, but is not limited to the following:

Contact details including name, telephone number, address, email, phone number

Qualifications, area of specialty and research interests/expertise

Expressions of interest in clinical research studies

Workplace information (e.g., research institute, hospital, university, specialist practice)

Financial information, including bank details, superannuation, tax file number

Personal details such as gender, age, date of birth, next of kin, signature, photo

Employment information such as salaries and wages, education/employment history, curriculum vitae

Business details such as ABN, and contact details (including phone, mobile, and email)

Other information that is needed to interact with us

Details of adverse device events (associated with clinical research studies or from our products when they are in the market)

Details of pathology, surgery, treatment, and underlying medical conditions

Medical images including MRI, CT scans, X-rays

Details of clinic or hospital (including reporter information) at which the adverse event, diagnosis or treatment was obtained

Medical practitioner details

Results from blood tests

Minomic’s contact details (or details of the Privacy Officer)

The fact that the individual can access their information

The purpose for collecting the information and to whom it would normally be disclosed to

Whether the disclosure is required by law

To respond to an individual’s request

To provide test results

To maintain contact with individuals and researchers

To keep clients and other contacts informed of Minomic research pipeline, our clinical studies, and industry developments that may be of interest to them, and to notify them of service offerings, seminars, and other events we are holding

For the management and reporting of adverse events

For general management and reporting purposes, such as invoicing and account management

For recruitment purposes

For purposes related to the employment of our personnel and providing internal services to our staff and

All other purposes related to our business.

The secondary purpose is related to the main purpose of collection, and, in the case of health information, determined by the Privacy Officer to be directly related to the main purpose of collection; and

The individual would reasonably expect Minomic to use or disclose the information for the secondary purpose

The individual has consented to the use or disclosure

The use or disclosure is permitted or authorised by Privacy Laws

After notification, the Privacy Officer reasonably believes that the use or disclosure is necessary to lessen or to prevent either:

Requiring our staff to maintain confidentiality

Implementing document storage security

Imposing security measures for access to our computer systems

Providing a discreet environment for confidential discussions, and

Allowing access to personal and health information only where the individual seeking access to their own information has satisfied our identification requirements.

let us know if there are any errors in their personal information; and

keep us up to date with changes to their personal information (e.g., their name and address). Individuals may do this by mail or email using the information provided below. There may be circumstances in which we may have to refuse a request for correction. If this happens, we will notify the individual in writing of our reasons for the refusal and explain how they can complain if they are not satisfied.

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:

Personal Data collected for purposes related to the performance of a contract between yourself and Minomic shall be retained until such contract has been fully performed.

Personal Data collected for the purposes of Minomic’s legitimate interests shall be retained if needed to fulfil such purposes.

Minomic may be allowed to retain Personal Data for a longer period whenever you have given consent to such processing if such consent is not withdrawn. Furthermore, Minomic may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period

Contact details including name, telephone number, address, email, phone number

Qualifications, area of specialty and research interests/expertise

Expressions of interest in clinical research studies

Workplace information (e.g., research institute, hospital, university, specialist practice)

Financial information, including bank details, superannuation, tax file number

Personal details such as gender, age, date of birth, next of kin, signature, photo

Employment information such as salaries and wages, education/employment history, curriculum vitae

Business details such as ABN, and contact details (including phone, mobile, and email)

Other information that is needed to interact with us

Details of adverse device events (associated with clinical research studies or from our products when they are in the market)

Details of pathology, surgery, treatment, and underlying medical conditions

Medical images including MRI, CT scans, X-rays

Details of clinic or hospital (including reporter information) at which the adverse event, diagnosis or treatment was obtained

Medical practitioner details

Results from blood tests

Minomic’s contact details (or details of the Privacy Officer)

The fact that the individual can access their information

The purpose for collecting the information and to whom it would normally be disclosed to

Whether the disclosure is required by law

To respond to an individual’s request

To provide test results

To maintain contact with individuals and researchers

To keep clients and other contacts informed of Minomic research pipeline, our clinical studies, and industry developments that may be of interest to them, and to notify them of service offerings, seminars, and other events we are holding

For the management and reporting of adverse events

For general management and reporting purposes, such as invoicing and account management

For recruitment purposes

For purposes related to the employment of our personnel and providing internal services to our staff and

All other purposes related to our business.

The secondary purpose is related to the main purpose of collection, and, in the case of health information, determined by the Privacy Officer to be directly related to the main purpose of collection; and

The individual would reasonably expect Minomic to use or disclose the information for the secondary purpose

The individual has consented to the use or disclosure

The use or disclosure is permitted or authorised by Privacy Laws

After notification, the Privacy Officer reasonably believes that the use or disclosure is necessary to lessen or to prevent either:

Requiring our staff to maintain confidentiality

Implementing document storage security

Imposing security measures for access to our computer systems

Providing a discreet environment for confidential discussions, and

Allowing access to personal and health information only where the individual seeking access to their own information has satisfied our identification requirements.

let us know if there are any errors in their personal information; and

keep us up to date with changes to their personal information (e.g., their name and address). Individuals may do this by mail or email using the information provided below. There may be circumstances in which we may have to refuse a request for correction. If this happens, we will notify the individual in writing of our reasons for the refusal and explain how they can complain if they are not satisfied.

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:

Personal Data collected for purposes related to the performance of a contract between yourself and Minomic shall be retained until such contract has been fully performed.

Personal Data collected for the purposes of Minomic’s legitimate interests shall be retained if needed to fulfil such purposes.

Minomic may be allowed to retain Personal Data for a longer period whenever you have given consent to such processing if such consent is not withdrawn. Furthermore, Minomic may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period