PRIVACY POLICY

Brickell Biotech, Inc. (“BBI” or “we”) takes your concerns about privacy seriously. This Privacy Policy (“Privacy Policy”) explains how we collect, use, and protect your information on or through this website, including mobile site, blog, app, email, social media, feature, software, product, service, information, or content made available, displayed, or offered by or through BBI (collectively, this “Site”). By using this Site, you consent to BBI’s Privacy Policy. If you have any question about this Privacy Policy, please contact us at info@brickellbio.com.

I. Data Collection

We may collect your personally identifiable information (“PII”). PII, as used in U.S. privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

You may be asked to enter your email address or other details when you take certain actions on or through our Site, such as registering for membership, subscribing to our e-newsletter, posting or commenting on our forums, listings, or blog, or otherwise entering information on our Site. If you choose not to provide such information, you can still use the Site anonymously, but will not be able to use those services for which such information may be required.

There may be occasions in which we request optional demographic information, such as gender or age, to personalize our offerings or correspondence to you or to distinguish adults from minors.

II. IP Address and Other Non-Personally Identifiable Information

Where possible, our server automatically recognizes and collects certain non-personally identifiable information regarding visitors to the Site, including by way of example, IP address, browser type, and other information regarding the system and connection of each visitor or user. It is essentially “traffic data” which cannot render you personally identifiable, but is helpful to us for improving our services. For example, it enables us to display content according to your preferences, diagnose problems with our server, and identify which areas of the Site are most heavily used. Such traffic data collection does not follow a user’s activities on any other sites in any way. Sometimes, we utilize the services of a third party to help us understand this information better, although the information that is disclosed to these entities remains at all times in anonymous and non-personally identifiable form.

III. Sensitive Information

BBI does not knowingly solicit or collect, and you should not provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

IV. Cookies

As with many websites, BBI may use the standard “cookies” feature of major web browsers to enhance your user experience. Cookies are small files that a website or a service provider stores on your computer that contain certain information about the user. As an example, planting and collecting a cookie may enable us to remember the specific studio page you have visited or items on your shopping cart so that the next time you return to our Site you do not have to select that studio or item again. We may also use third party services to track this information on our behalf.

You may set your web browser to disable cookies or to warn you every time a cookie is sent. See your browser’s Help menu for these instructions. We do not plant or track cookies or use advertising when a Do Not Track (DNT) browser mechanism is in place, and we do not allow third party behavioral tracking . Please note that disabling cookies may diminish your experience on the Site and some features that make your user experience more efficient may not work as intended. Please refer to your browser or email software instructions or help screen to learn more about these functions.

V. Use of Data

We use the PII you submit to personalize your user experience and to allow us to deliver the type of content and service or product offering in which you are most interested. We may also use your PII to compile usage statistics and other data regarding the use of BBI’s services and/or products.

We may employ other companies and individuals to perform such functions on our behalf. They have access to PII needed to perform their functions, but may not use it for any other purpose.

VI. Third Party Disclosure

BBI does not sell, rent, trade, or otherwise transfer your name, email address, or any other PII to third-parties, outside of the following limited circumstances. We may disclose PII to third parties: (a) if we have your consent; (b) if a service provided on our site requires interaction with a third party, or is provided by a third party, such as an application service provider; (c) to enforce or apply our Terms and Conditions of Use, Privacy Policy, or other agreement; (d) to comply with the law, such as when BBI, its owners, partners, sponsors, investors, or affiliates are served with legal process; or (e) to protect and defend the rights, property, or safety of BBI, our users, or others, including exchanging information with other companies and organizations for fraud protection. In the event of a disclosure required by law, we will use reasonable efforts to provide notice of this disclosure (which may be no notice) to all affected users, to the extent reasonably possible under the circumstances.

Like many online services, BBI may share with our business partners and advertisers anonymous data on an aggregate basis. This may include information contained in server log files, such as your IP address and cookies, generalized traffic flow data, and aggregated statistical data that are not personally identifiable, including users’ demographic information. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.

Note that whenever you voluntarily make your PII available online for viewing by third parties, such as on blogs, message boards, listings, or chat areas, the information you share also can be seen, collected, and used by third parties. We cannot be responsible for any unauthorized third party use of such information that you voluntarily share.

VII. Third Party Links

This Site may contain links to other websites or offer third party products or services. When you use the links displayed on this Site to visit third party sites, you are leaving BBI’s Site to another website, where BBI’s privacy policies no longer govern.

We have no access to or control over any information collected by third parties through our Site. Such third parties may set and access their own cookies on your computer. Such cookies are subject to the privacy policy of those third parties. Those third parties do not have access to BBI’s cookies. We have no responsibility or liability for the privacy practices or the content of such third party websites. We encourage you to read the privacy statements of those third parties.

VIII. No Spam

We will take the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003. The CAN-SPAM Act is a law that sets the rules for commercial emails and messages.

Accordingly, we agree to: (a) not use false, misleading, or deceptive header information or subject lines; (b) identify the message as an advertisement, where applicable; (c) include the physical address of our business; (d) honor opt-out/unsubscribe requests promptly; (e) allow users to unsubscribe by using the link at the bottom of each email; and (f) monitor third party email marketing service for compliance, if one is used.

IX. Minors

Our Site is directed to people who are at least 13 years old or older. When we collect information for membership inquiry purposes, users are informed they must be at least 13 years of age or have parental consent to provide PII to us. We encourage parents to monitor children’s Internet use to keep them safe while navigating BBI’s Site and all other areas of the Internet.

X. Your California Privacy Rights

California law provides that California residents have a right to request that businesses tell them how their personally identifiable information has been shared with third parties for those third parties’ direct marketing purposes. However, there is an exception to this requirement for business that have adopted and disclosed, in their privacy policy, a policy of not disclosing a person’s personally identifiable information to third parties for those third parties’ direct marketing purposes if that person has exercised an option to opt-out of the disclosure of their personally identifiable information to third parties for such purposes.

BBI has adopted a policy of allowing you to opt-out of the disclosure of your personally identifiable information to third parties for their direct marketing purposes and thus falls within this exception. Instructions for opting out can be found in the section below entitled “Choice and Opt-Out.”

XI. Choice and Opt Out

We provide you with a choice whether to receive certain emails and other communications through the Site and our services.

We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes. If you are a user of the Site or our services and you no longer wish to receive emails or other communications from us or have your email address or other contact information shared with third parties, you may opt-out of receiving email or other communications from us or having your email address or other contact information shared with third parties.

In addition, if you would prefer that we not share your personally identifiable information with third parties for the third parties’ direct marketing purposes, you may opt-out of having your personally identifiable information shared with third parties for the third parties’ direct marketing purposes.

If you do not wish to receive our emails, you may opt-out from future mailings at any time through the unsubscribe link on our emails.

We manage email lists through a list management system. Although we strive to update our email list as frequently as possible, you might receive another contact from us before we are able to remove you. Unsubscribing from one list managed by us may not necessarily remove you from all publication email lists. Even after you opt-out of receiving emails, you may still receive from us communications related to your account, such as important service alerts.

If you have questions or are experiencing problems unsubscribing or editing or deleting account data, please contact us at info@brickellbio.com. Please note that it may take up to 30 days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request.

XII. Data Storage and Security

Your personal information is stored through a data management system. Your information can be accessed only by those who help manage that information and are required to keep the information confidential.

BBI will use at least industry standard measures on the Site to protect the loss, misuse and alteration of the information under our control. While there is no such thing as “perfect security” on the Internet, BBI will take reasonable steps to provide for the safety of your personal information. For example, our policy is that only those individuals who need your personally identifiable information to perform a specific job are granted access to that personally identifiable information. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices.

XIII. No Guarantee

While this Privacy Policy states standards for maintenance of data, and while efforts will be made to meet the said standards, BBI is not in a position to guarantee compliance with these standards. There may be factors beyond our control that may result in disclosure of data, such as a successful act of intrusion to the Site by a third party. Consequently we offer no warranties or representations with regards to the maintenance or non-disclosure of data.

YOU SHOULD NOT PROVIDE BBI WITH ANY PERSONALLY IDENTIFIABLE INFROMATION (OR SUBMIT OR POST ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE SITE OR IN RESPONSE TO ANY EMAIL OR OTHER COMMUNICATION) UNLESS YOU WOULD LIKE THAT INFORMATION TO BE USED IN ACCORDANCE WITH THIS POLICY.

XIV. Assignment

In the event of an assignment, sale, joint venture, or other transfer of some or all of our assets, you agree we can assign, sell, license or transfer any information that you have provided to us. Please note, however, that any purchasing party is prohibited from using the PII submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy without your prior consent.

XV. Notification of Changes

We will notify users of any changes to this Privacy Policy. Notification will either be made by way of an e-mail or by posting of the changes on the Site. Changes to this Policy will be effective 30 days following notice. Your continued use of the Site after any change has become effective will constitute your acceptance of that change.

Unless we seek and receive consent from a user, we will use information we collection from users in accordance with the version of the Privacy Policy effective when the information was last collected. Users may contact us regarding any change to this Policy, including to prevent their information from being used pursuant to any change to this Policy, by emailing us at info@brickellbio.com.

XVI. Last Modified Date of these Terms of Use

September 3, 2019