Privacy Policy

How do we collect personal data?

We collect personal data directly from you in the below contexts. We also collect personal data from you using sources like advertising or marketing networks, data analytics providers, social networks, data brokers, and other service providers or third parties.

• If you complete any forms on our Website or otherwise access the Website
• If you participate in any patient assistance and related discount, savings, education, or support programs that we may offer
• In connection with your interactions, inquiries, or other requests, which may include information concerning potential adverse effects or reactions
• If you interact with us via social media platforms or share content linking to any of our social media platforms
• If you participate in a contest, promotion, or survey
• If you contact us via email or through our customer service, including through the use of online chat tools that we may make available
• We and our third-party vendors may use tracking tools like browser cookies, flash cookies, pixels, and web beacons to collect information from you. Please see “How do we use cookies and other tracking technologies?” for more information.

How do we use your personal data?

We may use your personal data in the following ways:

• To provide, operate, maintain, and protect our Website;
• To analyze and improve our Website, including developing new products or services;
• To provide and facilitate our products and services, including any patient assistance and related discount, savings, education, or support programs that we may offer;
• To identify potential research opportunities and to facilitate and conduct research for potential publication;
• To communicate with you, respond to your inquiries, and to send you information by email, postal mail, telephone, text message, notifications, or other means about our products and services;
• To promote and conduct educational or promotional events, including those that may be in person and to support our marketing and advertising activities, including delivering personalized advertising;
• To enhance and help us better understand your browsing experience, needs, and preferences and provide consistent, personalized services and experiences across our Website;
• To protect the security or integrity of the Website, including to perform security analyses to verify that the Website is working properly and have not been compromised based on our legitimate interests;
• To protect us, our users, and the public, and comply with applicable law, regulation, or legal process, including to validate user information for fraud and risk detection purposes, resolve disputes and protect the rights of users and third parties, respond to claims and legal process (such as subpoenas and court orders), fulfill our reporting obligations (such as pharmacovigilance reporting), monitor and enforce compliance with our contracts, including our Terms of Use, and otherwise detect, prevent, or stop any activity that may be illegal, unethical, or legally actionable; and
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our customers is among the assets transferred.

How do we disclose your personal data?

We may disclose your personal data to the following categories of third parties:

• Website providers: We engage vendors to perform certain functions on our behalf such as: auditing and accounting firms, professional services consultants, providers of data hosting, storage, and analytics services, and IT and security vendors.
• Social media platforms: Where you choose to interact with us through social media, your interaction with these platforms typically allows the social media company to collect some information about you through cookies and other digital tracking mechanisms that they place on your device. In some cases, the social media company may recognize you through these technologies even when you do not interact with their platform. Please visit the social media companies’ respective privacy policies to better understand their data collection practices and the controls they make available to you.
• Companies involved in advertising: We work with companies that assist us in advertising our Website to you and others who may be interested in the Website. These companies may use tracking technologies on our Website to collect or receive information over time and across different websites or platforms, including this Website and elsewhere on the internet, and use that information to provide measurement services and provide you with targeted ads.
• Corporate affiliates: We share personal data with our subsidiary companies.
• Business partners: We may work with other companies to provide you with certain product or service offerings.
• Law enforcement, government agencies, or parties in a legal proceeding: We may share personal data with these entities to comply with the law or assist law enforcement. We may also provide your personal data to third parties in the context of a subpoena or similar legal process.
• Third parties in the context of a merger or similar business transaction.

How do we use cookies and other tracking technologies?

We and our third-party vendors use cookies, pixel tags, and other tracking technologies on the Website in a variety of ways to enhance or personalize your online browsing experience. These tracking technologies help us better understand your needs and preferences and tell us which parts of our website you have visited, facilitate and measure the effectiveness of our advertisements, and provide consistent and personalized services and experiences. These tracking technologies gather information over time and across different websites about you, some of which may be personal data as identified above in “What personal data do we collect about you?”.

You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you may not be able to utilize certain functionalities on our Website. Please note that our Website does not currently recognize “Do Not Track” signals. However, our Website may recognize certain opt-out preference signals, such as the Global Privacy Control, in which case, we will process these signals as requests to opt out of targeted advertising and/or requests to not “sell” our personal data according to applicable state law. You may set such a signal through your browser or browser extension.

Third-Party Links

Third-party links on the Website may direct you to third-party websites that are not affiliated with us, including social media platforms. We are not responsible for the content or accuracy of third-party websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you access their website. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

How do you protect my personal data?

We take reasonable precautions, including implementing physical and electronic safeguards, to help protect the security and privacy of your personal data. However, please be aware that no means of transmitting data over the internet is 100% secure. Please take steps to protect your own personal data, such as by not sending us sensitive data through our contact us forms.

Do we collect children’s information?

We will never knowingly request personal data from anyone under the age of 18. Our Website is not targeted to or intended for use by children. Accordingly, we do not have actual knowledge that we sell or share the personal data of consumers under the age of 16 years old. However, if we learn that we have received personal data from a child under the age of 18 without appropriate parental consent, we will delete that information from our database.

How long do we keep your personal data?

We retain personal data for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide the Website to you (for example, for as long as you are signed up to receive our promotional communications);
• Whether there is a legal obligation to which we are subject (for example, we are required to keep pharmacovigilance records for a certain period of time); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

What choices do I have about my personal data?

You can review and change certain personal data related to your use of the Website (such as your name and contact information) by contacting us as described in the section entitled, “Contact Us” below.

If you prefer not to receive promotional communications from us, you can let us know by contacting our customer service as described in the section entitled, “Contact Us” below. You may also follow the instructions included with the message, such as by following unsubscribe or opt out links. Please note that we may still send you messages in response to your inquiries or about other non-promotional items, such as managing your account or relationship with us.

Do I have any rights to my personal data?

You may have the rights listed below (“Data Subject Rights”) with respect to the personal data that we collect or process about you, however, these rights differ depending on your country or state of residency, including California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia. Please note that we reserve the right to honor your Data Subject Rights to the extent required by applicable law.

• Right to Confirm Processing, Access, and/or Obtain a Copy: If you ask us, we will confirm whether we are processing your personal data. Additionally, upon request, we will provide you with a copy of all personal data you are lawfully entitled to receive, potentially including specific pieces of information, along with certain other details.
• Right to Amend: If you believe your personal data is inaccurate or incomplete, you may request that we correct it.
• Right to Delete: You may request that we delete personal data that we maintain about you.
• Right of Portability: You may request that we move, copy, or transfer the electronic personal data that we maintain about you to another organization.
• Right to Revoke Consent and/or Opt Out of Certain Processing Activities: You may ask us to restrict or stop the processing of your personal data. This includes general requests and requests in specific contexts, such as if we process personal data that is considered “sensitive” under applicable U.S. state laws or engage in certain automated decision-making activities.
• Right to Opt Out of Targeted Advertising: We engage in targeted advertising, which is the practice of serving you tailored advertisements based your personal data gathered over time and across other businesses, websites, applications, or services. Some jurisdictions refer to this activity as “sharing.” You have the right to opt out of this practice.
• Right to Opt Out of Sales: Some states may consider targeted advertising a “sale” of personal data. The information that we use for targeted advertising includes information that may indicate your interest in or use of our prescription products. You may request that we not “sell” your personal data.
• Right to Non-Discrimination: We will not discriminate against you for exercising Data Subject Rights, but we may charge a reasonable fee as permitted by law in fulfilling these rights, such as if you request multiple copies of your personal data.
• Right to Appeal: If we deny your request to exercise a Data Subject Right, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please be sure to include information about your prior request so that we may locate our earlier determination.
• Right to Lodge a Complaint: You may submit a complaint to the competent supervisory authority in the country or state in which you live if you have any concerns about our processing of your personal data.

If you or your authorized agents would like to exercise a Data Subject Right, you may do so by following the instructions in “Contact Us” below. In order to process your request to exercise a Data Subject Right, we will ask you to verify your identity by confirming your name, email address, phone number, or other identifiable information that we have in our records, such as most recent interaction with us, if applicable.

Additional Disclosures for California Residents

If you reside in California, please read this section for additional disclosures about how we collect, use, and disclose information about you under the California Consumer Privacy Act (or “CCPA”) (California Civil Code Section 1798.100 et seq.).

• Categories of Personal Information Collected: In the previous 12 months, we have collected the personal information listed in the section “What personal data do we collect about you?” above. This information falls into the following categories under the CCPA: identifiers; categories of personal information described in Cal. Civ. Code 1798.80(e); employment or professional information; commercial information; geolocation information; audio, electronic, or visual information; internet or electronic network activity information; inferences drawn from the above categories. Additionally, we collect the following “sensitive” personal information: information concerning your health, contents of messages that you send to our customer service providers.
• Sensitive Personal Information Uses or Disclosures: We use or disclose “sensitive” personal information for purposes other than those specified by the CCPA. You may limit such use and disclosure.
• Business or Commercial Purpose for Collecting and Selling Information: We collect personal information for the business and commercial purposes described in “What personal data do we collect about you?” and “How do we use your personal data?” above.
• Categories of Sources of Personal Information: We collect personal information from and about you as described in “How do we collect personal data about you?” above.
• Categories of Third Parties with Whom We Disclose Information: We may disclose your personal information with third parties as described in “How do we disclose your personal data?” above.
• Categories of Personal Information Disclosed: In the preceding 12 months, we have disclosed the categories of personal information listed in “What personal data do we collect about you?” for the reasons described in “How do we disclose your personal data?” above.
• Sale or Share of Personal Information: Because we engage in the practice of cross context behavioral advertising, also known as online targeted advertising, we may “sell” and/or “share” your personal information as those terms are defined by the CCPA. In the preceding 12 months, we may have “sold” or “shared” identifiers, commercial information, health information, and internet or electronic network activity information with data analytics, advertising networks, and/or social media networks.

Cross Border Transfers

Botanix uses service providers primarily located in the United States and Canada. As part of our data processing activities, we may transfer your personal data across borders and around the world, including into countries whose laws protecting personal data may not be as robust as your home country’s laws. We endeavor to take reasonable steps to have adequate safeguards in place to protect your personal data when it is transferred across borders.

Updates to this Privacy Policy

We may update this Privacy Policy from time to time and notify you in accordance with law, which may include email or other notice posted to the Website. Any changes to this Privacy Policy will become effective when we notify you of the changes. Your use of the Website following any such updates will constitute your acceptance of such updates.

Contact Us

For questions about our privacy policy, to make choices about receiving promotional communications, to request to exercise a Data Subject Right, or to update your personal data, you can contact us by email, at Privacy@BotanixPharma.com, by phone at 1-866-763-6337, or by writing us at 150 N. Radnor Chester Road, Suite A210, Wayne, PA 19087 USA or Suite 3, 41-47 Colin Street, West Perth, WA, 6005 AUS.