Privacy Policy

Last Updated:  August 6, 2025

This Privacy Notice applies to the processing of personal information by Melinta Therapeutics, LLC (“Melinta,” “we,” “us,” or “our”) including on our website available at www.melinta.com and our other online or offline offerings which link to, or are otherwise subject to, this Privacy Notice (collectively, the “Services”)..

Special Note Regarding Clinical Trials:  If you are a clinical trial participant (i.e., clinical trial patient, potential clinical trial patient, investigator, or team member), please note that this Privacy Notice is in addition to any informed consent or privacy notice provided by Melinta as part of your clinical trial participation.  These additional privacy notices may supplement or be in lieu of this Privacy Notice.

Special Note to United States Residents and Consumers:

Special Note to Individuals Within the European Union, Switzerland, and the United Kingdom:  For information on our processing of personal information subject to the privacy and data protection laws and regulations of the European Union, Switzerland, and the United Kingdom, please see Section 7 below.

  1. UPDATES TO THIS PRIVACY NOTICE
  2. PERSONAL INFORMATION WE COLLECT
  3. HOW WE USE PERSONAL INFORMATION
  4. HOW WE DISCLOSE PERSONAL INFORMATION
  5. YOUR PRIVACY CHOICES AND RIGHTS
  6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
  7. SUPPLEMENTAL NOTICE FOR INDIVIDUALS WITHIN THE EUROPEAN UNION, SWITZERLAND, AND THE UNITED KINGDOM
  8. CHILDREN’S PERSONAL INFORMATION
  9. THIRD-PARTY WEBSITES/APPLICATIONS
  10. CONTACT US

ANNEX A – SUPPLEMENTAL CONSUMER STATE PRIVACY NOTICE

ANNEX B – SUPPLEMENTAL U.S. CONSUMER HEALTH DATA PRIVACY NOTICE

ANNEX C – CONSUMER HEALTH DATA AUTHORIZATION


1. UPDATES TO THIS PRIVACY NOTICE

We may update this Privacy Notice from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Privacy Notice on our website, and/or we may also send other communications.  Where permissible by applicable law, you understand and agree you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

2. PERSONAL INFORMATION WE COLLECT

We collect personal information that you provide to us, personal information we collect automatically when you use the Services, and personal information from third-party sources, as described below.

 

  1. Personal Information You Provide to Us Directly

We may collect personal information that you provide to us.

    • Account Information. We may collect personal information in connection with the creation or administration of your account. This personal information may include, but is not limited to, your name, email address, phone number, business name, professional title, and other information you store with your account.
    • Your Communications with Us. We, and our service providers, may collect the information you communicate to us, such as through email, messaging features, our web chat, or other automated interactive tool.
    • Clinical Research Studies. We will process your personal information in the scope of clinical trials, whether you are a trial participant, member of a medical staff, a service provider, regulator staff, investigator, or any third party involved in the clinical research.
    • Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.
    • Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (g., messaging features, commenting functionalities, and social media pages).  Any information you provide using the public sharing features of the Services will be considered “public.”
    • Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.
    • Business Development and Strategic Relationships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
    • Job Applications. If you apply for a job with us, we will collect any personal information you provide in connection with your application, such as your contact information, resume, and CV.
    1. Personal Information Collected Automatically

    We may collect personal information automatically when you use the Services.

    • Device Information. We may collect personal information about your device, such as your Internet protocol (IP) address, user settings, cookie identifiers, other unique identifiers, browser or device information, Internet service provider, and location information (including, as applicable, approximate location derived from IP address and precise geo-location information).
    • Usage Information. We may collect personal information about your use of the Services, such as the pages that you visit, items that you search for, the types of content you interact with, information about the links you click, the frequency and duration of your activities, and other information about how you use the Services.
    • Cookie Notice (and Other Technologies) . We, as well as third parties, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect personal information through your use of the Services.
      • Cookies. Cookies are small text files stored in device browsers which facilitate your interactions with Services.
      • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects personal information about use of or engagement with the Services. The use of a pixel tag allows us to record, for example, that a user has visited, a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. 

    See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.

    1. Personal Information Collected from Third Parties

    We may collect personal information about you from third parties.  For example, if you access the Services using a Third-Party Service (defined below), we may collect personal information about you from that Third-Party Service that you have made available via your privacy settings or selections. In addition, users of the Services may upload or otherwise provide personal information about others.

    3. HOW WE USE PERSONAL INFORMATION 

    We use personal information for a variety of business purposes, including to provide the Services, for administrative purposes, and to provide you with marketing materials, as described below. 

    1. Provide the Services 

    We use personal information to fulfill our contract with you and provide the Services, such as:

      • Managing your information;
      • Providing access to certain areas, functionalities, and features of the Services;
      • Administering our relationship with you as a user, customer, health care provider, clinical researcher, or business partner;
      • Sponsoring clinical research studies;
      • Answering requests for support;
      • Communicating with you;
      • Sharing personal information with third parties as needed to provide the Services;
      • Processing your financial information and other payment methods for products and Services purchased;
      • Processing applications if you apply for a job we post on our Services; and
      • Allowing you to register for events.

     

    1. Administrative Purposes

    We use personal information for various administrative purposes, such as:

      • Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
      • Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
      • Carrying out analytics;
      • Measuring interest and engagement in the Services;
      • Improving, upgrading, or enhancing the Services;
      • Developing new products and services;
      • Creating de-identified and/or aggregated information. If we create or receive de-identified information, we will not attempt to reidentify such information, unless permitted by, or required to comply with, applicable laws;
      • Ensuring internal quality control and safety;
      • Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Notice;
      • Debugging to identify and repair errors with the Services;
      • Auditing relating to interactions, transactions, and other compliance activities;
      • Enforcing our agreements and policies; and
      • Carrying out activities that are required to comply with our legal obligations.
    1. Marketing

    We may use personal information to tailor and provide you with marketing and other content. We may provide you with these materials as permitted by applicable law.

    Some of our marketing activities may be considered a “sale,” “share,” or “targeted advertising” under applicable privacy laws.

    If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.

     

    1. With Your Consent or Direction

    We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information, with your consent, or as otherwise directed by you.

     

    1. Automated Decision Making

    We may engage in automated decision making, including profiling. Our processing of your personal information will not result in a decision based solely on automated processing that has a legal or other similarly significant effect on you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making.

    If you have questions about our automated decision making, you may contact us as set forth in “Contact Us” below.

    4. HOW WE DISCLOSE PERSONAL INFORMATION 

    We disclose personal information to third parties for a variety of business purposes, including to provide the Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below. 

    1. Disclosures to Provide the Services 

    We may disclose any of the personal information we collect to the categories of third parties described below.

      • Service Providers. We may disclose personal information to third-party service providers that assist us with the provision of the Services. This may include, but is not limited to, service providers that provide us with clinical trial, human resources (including insurance and other benefits support), hosting, customer service, analytics, marketing services, IT support, and related services. In addition, personal information and chat communications may be disclosed to service providers that help provide our chat or other interactive features.

    Some of the service providers we may use include:

        • Google Analytics. For more information about how Google uses your personal information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your personal information, please click here.
      • Third-Party Services You Share or Interact With. The Services may link to or allow you to interface, interact, share information with, direct us to share information with, access and/or use third-party websites, applications, services, products, and technology (each a “Third-Party Service”).

        Any personal information shared with a Third-Party Service will be subject to the Third- Party Service’s privacy policy. We are not responsible for the processing of personal information by Third-Party Services.  Providing personal information to such Third Party Services is at your own risk.

      • Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.

        Once your personal information is shared with our business partner, it will also be subject to our business partner’s privacy policy. We are not responsible for the processing of personal information by our business partners.

      • Clinical Research Organizations, Clinical Trial Investigators, and Staff. We will share your personal information with clinical research organizations, clinical trial investigators, and staff participating in clinical trials in which  you enroll or seek to enroll.
      • Regulators and/or Government Bodies. We may share your personal information with Regulators, in the scope of clinical trials, or with government bodies for employment-related purposes.
      • Affiliates. We may share your personal information with our corporate affiliates.
      • Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising”, “personalized advertising”, or “targeted advertising.”
    1. Disclosures to Protect Us or Others

    We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

    1. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

    If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be disclosed, sold, or transferred as part of such a transaction.

    5. YOUR PRIVACY CHOICES AND RIGHTS

     
    A. Your Privacy Choices. The privacy choices you may have about your personal information are described below. 

      • Email Communications. If you receive an unwanted email from us, you can use the unsubscribe functionality found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails. We may also send you certain non-promotional communications regarding us and the Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Notice.
      • Do Not Track signals and Global Privacy Control. Certain web browsers and other programs may transmit “do-not-track” “opt-out” signals, also called a Global Privacy Control (or “GPC”) signal (we refer to these as “GPC Signals”), to websites with which the browser communicates.  In most cases you will need to change your web browser’s settings or add an application to your web browser to enable your browser to send a GPC Signal. Our websites will recognize GPC Signals for website users differently, based on the location of the user when they access our websites.  For users that access our websites from U.S. states that have laws requiring recognition of GPC Signals, we will recognize and apply the GPC Signal to inactivate all of the cookies for that website, except for cookies that are necessary for the website to operate.  For users from states not currently requiring recognition of the GPC Signal, our website servers may recognize and apply the GPC Signal for only advertising cookies, but will not apply the GPC Signal to functional or performance cookies.

        Some web browsers incorporate other “do-not-track” (“DNT”) or similar features that signals to websites with which the browser communicates that a visitor does not want to have their online activity tracked. As of the Effective Date, not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, we along with many other digital service operators do not respond to all DNT signals. We recognize GPC signals as required under certain state privacy laws, but we do not currently recognize other DNT signals. For more information about the Global Privacy Control, please visit https://globalprivacycontrol.org.

      • Cookies. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, the Services may not work properly.

        Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of certain tracking on some mobile applications by following the instructions for Android, iOS, and others.

        The online advertising industry also provides mechanisms that may allow you to opt out of receiving targeted ads from organizations that participate in self-regulatory programs. To learn more, visit the Network Advertising Initiative, the Digital Advertising Alliance, and the European Digital Advertising Alliance.

        Please note you must separately opt out in each browser and on each device.

    B. Your Privacy Rights. In accordance with applicable law, you may have the right to:

      • Confirm Whether We Are Processing Your Personal Information;
      • Request Access to or Portability of Your Personal Information;
      • Request Correction of Your Personal Information;
      • Request Deletion of Your Personal Information;
      • Request Restriction of or Object to our Processing of Your Personal Information;
      • Request to Opt-Out of Certain Processing Activities including, as applicable, if we process your personal information for “targeted advertising” (as “targeted advertising” is defined by applicable privacy laws), if we “sell” your personal information (as “sell” is defined by applicable privacy laws), or if we engage in “profiling” in furtherance of certain “decisions that produce legal or similarly significant effects” concerning you (as such terms are defined by applicable privacy laws); and
      • Withdraw Your Consent to our Processing of Your Personal Information. Please note that your withdrawal will only take effect for future processing, and will not affect the lawfulness of processing before the withdrawal.

    If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

    Only you, or someone legally authorized to act on your behalf in certain jurisdictions, may make a request to exercise the rights listed above regarding your personal information. If your personal information is subject to a law that allows an authorized agent to act on your behalf in exercising your privacy rights and you wish to designate an authorized agent, please provide written authorization signed by you and your designated agent using the information found in “Contact Us” below and ask us for additional instructions.

    To protect your privacy, we will take steps to verify your identity before fulfilling requests submitted under applicable privacy laws. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Examples of our verification process may include [asking you to confirm the email address we have associated with you.

    Some laws may allow you to appeal our decision if we decline to process your request. If applicable laws grant you an appeal right, and you would like to appeal our decision with respect to your request, you may do so by informing us of this and providing us with information supporting your appeal.

     

    6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

     

    All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. These countries may or may not have adequate data protection laws as defined by the data protection authority in your country.

    If we transfer personal information from the European Economic Area, Switzerland, and/or the United Kingdom to a country that does not provide an adequate level of protection under applicable data protection laws, the safeguards we may use to support such transfer include the Data Privacy Framework or the EU Standard Contractual Clauses.

    For more information about the safeguards we use for international transfers of your personal information, please “Contact Us.”

     

    7. SUPPLEMENTAL NOTICE FOR INDIVIDUALS WITHIN THE EUROPEAN UNION, SWITZERLAND, AND THE UNITED KINGDOM

     

    We provide our services worldwide and therefore take steps to apply local privacy laws. Where applicable, we comply with the EU GDPR, Swiss FADP, UK DPA, and similar applicable local laws (collectively, “EEA Privacy Laws”) with regards to certain personal information we collect within those territories. Melinta is the data controller of your personal information Processed under the EEA Privacy Laws.  Please contact us if you have any questions about the controller or controllers of your personal information.   

      • We will process any kind of information that we collect from websites, forums, emails in accordance with the specific purpose and use associated with each method of collection.
      • Sensitive Personal Information. We process special or sensitive categories of personal information (e.g., information revealing racial, sex or ethnic origin, genetic, biometric and health information, religious, political and trade union affiliations, etc.) only where you give us your explicit consent (such as a clinical trial Informed Consent Form (“ICF”), or when our processing is for scientific research purposes , necessary to meet a legal or regulatory obligation, in connection with the establishment, exercise or defense of legal claims, or is otherwise expressly permitted by applicable laws.

        If we need to collect your personal information by law or under the terms of a contract we have with you and you do not provide the requested information, we may not be able to perform the contract we have, or are trying to enter into with you.

      • Data Transfers. As part of Melinta’s business activities, it may transfer or provide access to your personal information to its subsidiary companies and affiliates, authorized service providers or collaborators, or other third parties in the United States or other regions or jurisdictions that may not provide the same level of protection to your personal information as in your country of residence. When we do so, in the absence of an adequacy decision concerning the recipient country, we rely on safeguards such as approved model contracts (for example the EU’s standard contractual clauses or the UK’s international data transfer agreement), after having carried out an assessment of the level of protection of your rights on the territory of the third country where the recipient of your personal information is established. When possible and the type of activity allows for it, we will take reasonable efforts to anonymize or minimize the amount of personal information transferred. For more information about Melinta’s use of the model contracts, please contact us at: dataprivacy@melinta.com.
      • Your Data Subject Rights. Rights you may have under the EEA Privacy Laws with regard to the personal information we collect and maintain about you are described in the section entitled “Your Choices and Rights”. Under the EEA Privacy Laws, the exercise of these rights may be limited or delayed dependent upon the legal basis for processing your personal information, for example:

    LEGAL BASIS

    ACCESS

    RECTIFICATION

    ERASURE

    RESTRICTION

    INFORMATION PORTABILITY

    OBJECTION

    Consent

    Yes

    Yes

    Yes

    Yes

    Yes

    Withdrawal of consent

    Steps prior to entering into a contract

    Yes

    Yes

    No

    Contract

    Yes

    Yes

    No

    Legitimate business interest

    Yes

    No

    Yes

    Legal obligation

    No

    No

    No

    To exercise the above-mentioned rights, please send an email with an enclosed copy of the frontside of your identity card to dataprivacy@melinta.com. We reserve the right to request the provision of additional information necessary to confirm the identity of the enquirer.

    You will also be informed without unnecessary delay if a security breach could cause damage to your rights and freedoms.

    If your personal information is subject to the applicable data protection laws of the European Economic Area, you may find the contact details of the competent authorities in the following link: https://www.edpb.europa.eu/about-edpb/about-edpb/members_en.

    For the United Kingdom, you may lodge a complaint with the Information Commissioner’s Office (ICO) by clinking here: https://ico.org.uk/make-a-complaint/.

    8. CHILDREN’S PERSONAL INFORMATION

    Except for clinical trials, the Services are not directed to children under 13 (or other age as required by local law outside the United States), and we do not knowingly collect personal information from children.

    If you are a parent or guardian and believe your child has uploaded personal information to the Services in violation of applicable law, you may contact us as described in “Contact Us” below.

     

    9. THIRD-PARTY WEBSITES/APPLICATIONS

    The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

     

    10. CONTACT US

     Melinta is the controller of the personal information we process under this Privacy Notice.If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at:  

    • Toll-Free Phone Number:  844-633-6568
    • Postal Mail:                            Melinta Therapeutics, LLC
                                                        Attn: General Counsel
                                                        389 Interpace Parkway
                                                        Suite 450
                                                        Parsippany, NJ 07054
    • Email:                                  dataprivacy@melinta.com
    • EU/UK DPO:                      Victor Rosello, vrosello@melinta.com

     

     

     

     

    ANNEX A – SUPPLEMENTAL NOTICE AT COLLECTION

     

    This Notice at Collection and Supplemental Notice (collectively, “Supplemental Notice”) is for residents (or consumers) of states that have adopted comprehensive privacy legislation and others that may come into effect from time to time (“Residents”), including, but not limited to, California, Connecticut, Colorado, Utah and Virginia (collectively, “Applicable State Laws”).

    Notice at Collection

    At or before the time of collection, Residents have a right to receive notice of our privacy practices. Residents can find this information below.

      • Personal Information Collected. See the section of this Supplemental Notice titled “Overview of Personal Information Collected, Disclosed, Sold and/or Shared” for a list of personal information which may be collected. If we have previously collected personal information in the past 12 months, we may collect that personal information from you.
      • Uses of Personal Information. See the section of this Supplemental Notice titled “Uses of Personal Information” for a list of the purposes for which we use personal information.
      • Is Personal Information “Sold” or “Shared” for “Cross-Context Behavioral Advertising”? See the section of this Supplemental Notice titled “Overview of Personal Information Collected, Disclosed, Sold and/or Shared” for more details. If we have previously “sold” personal information or “shared” personal information for “cross-context behavioral advertising” in the past 12 months, we may “sell” or “share” that personal information if collected from you. See the section of this Supplemental CCPA Privacy Notice titled “Right to Opt Out of ‘Sales’ of Personal Information and/or ‘Sharing’ for ‘Cross-Context Behavioral Advertising” for instructions on how to opt-out of these activities.
      • For How Long is Personal Information Retained? To determine the appropriate retention period for personal information, we consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.
      • Additional Information. For more information on our privacy practices, please review this Supplemental Notice and our Privacy Notice. Importantly, the section of our Privacy Notice titled “Your Privacy Rights” includes important details about how you can exercise some of the rights which you have under the Applicable State Laws.

    CATEGORIES OF SOURCES FROM WHICH PERSONAL INFORMATION IS COLLECTED

     We collect personal information you provide to us, collected automatically when you use the Services, and from third-party sources.

    Overview of Personal Information Collected, Disclosed, sold, and/or shared

    The Applicable State Laws provide Residents with the right to know what categories of personal information Melinta has collected about them, whether Melinta disclosed that personal information for a business purpose (e.g., to a service provider), whether Melinta “sold” that personal information, and whether Melinta “shared” that personal information for “cross-context behavioral advertising” in the preceding twelve months. Residents can find this information below:

     

    Category of Personal Information Collected by Melinta

    Category of Third Parties To Whom Personal Information is Disclosed to for a Business Purpose

    Category of Third Parties To Whom Personal Information is Sold and/or Shared

    Identifiers:

    A real name, alias, postal address, licenses/certifications, unique personal identifier, online identifier, Internet Protocol address, email address, cookies, third party cookies, account name, or other similar identifiers.

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising providers

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

     

    Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)):   A name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. Note: Some personal information included in this category may overlap with other categories.

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    Protected classification characteristics under California or federal law:   Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    Commercial information:   Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    Internet or other electronic network activity:   Browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    Geolocation data:  Physical location or movements.

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        N/A

    Sensory data:   Audio, electronic, visual, thermal, olfactory, or similar information.

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

     

    Professional or employment-related information:   Current or past job history,performance evaluations, and license and registration numbers.

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

     

    Inferences drawn from other personal information to create a profile about a consumer:   Profile reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

     

    Personal information that reveals a consumer’s social security, driver’s license, state identification card, or passport number

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

     

    Personal information that reveals a consumer’s account log-in,  in combination with any required security or access code, password, or credentials allowing access to an account

    ·        Service providers

    ·        Business partners

    ·        Internet service providers

    ·        Operating systems and platforms

    ·        N/A

    Personal information that reveals a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    Personal information that reveals the contents of a consumer’s mail, email, and text messages unless Melinta is the intended recipient of the communication

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    Personal information collected and analyzed concerning a consumer’s health

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Clinical research organizations

    ·        Clinical trial sites

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation

    ·        Service providers

    ·        Business partners

    ·        Affiliates

    ·        Advertising partners

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

    ·        Business partners

    ·        Advertising partners

    ·        Other third parties with whom you interact

    ·        Internet service providers

    ·        Data analytics providers

    ·        Operating systems and platforms

     

    USES OF PERSONAL INFORMATION

     We may use and disclose the personal information that we collect for the following business and commercial purposes:

      • Providing the Services as further described in our Privacy Notice;
      • Processing for administrative purposes as further described in our Privacy Notice;
      • Processing for marketing purposes as further described in our Privacy Notice;
      • Processing with your consent or direction as further described in our Privacy Notice;
      • Processing to carry out automated decision making as further described in our Privacy Notice;
      • Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
      • Helping to ensure security and integrity to the extent the use of personal information is reasonably necessary and proportionate for these purposes;
      • Debugging to identify and repair errors that impair existing intended functionality;
      • Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with Melinta;
      • Maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar Services;
      • Providing advertising and marketing services;
      • Undertaking internal research for technological development and demonstration;
      • Undertaking activities to verify or maintain the quality or safety of a service or product owned, manufactured, manufactured for, or controlled by Melinta, and to improve, upgrade, or enhance the service or product that is owned, manufactured, manufactured for, or controlled by Melinta.

    RIGHT TO OPT Out of “Sales” of Personal Information and/or “Sharing” for “Cross-Context Behavioral Advertising”

    We “sell” your personal information or “share” your personal information for “cross-contextual behavioral advertising” to provide you with “cross-context behavioral advertising” about Melinta’s products and services.

    Residents have the right to opt out of the “sale” of personal information and the “sharing” of personal information for “cross-context behavioral advertising.” Residents may exercise these rights by emailing us at:  dataprivacy@melinta.com.

    Disclosure Regarding Individuals Under the Age of 16

    Melinta does not have actual knowledge of any “sale” of personal information or “sharing” of personal information of minors under 16 years of age for “cross-context behavioral advertising.”

    Disclosure Regarding Sensitive Personal Information

    Melinta only uses and discloses sensitive personal information for the following purposes:

      • To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
      • To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, and or confidentiality of stored or transmitted personal information.
      • To resist malicious, deceptive, fraudulent, or illegal actions directed at Melinta and to prosecute those responsible for those actions.
      • To ensure the physical safety of natural persons.
      • For short-term, transient use.
      • Maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services.
      • To verify or maintain the quality or safety of a product, service, or device that is owned, manufactured, manufactured for, or controlled by Melinta, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by Melinta.
      • For purposes that do not infer characteristics about individuals.

    Right to Limit Use and Disclosure of Sensitive Personal Information

    Residents have the right to limit certain uses and disclosures of “sensitive personal information” by Melinta. Residents may exercise these rights by emailing us at:  dataprivacy@melinta.com.

    Non-Discrimination

    Residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the Applicable State Laws.

    ANNEX B

    SUPPLEMENTAL CONSUMER HEALTH DATA PRIVACY STATEMENT

     This Supplemental Consumer Health Data Privacy Statement (“Consumer Health Data Privacy Statement”) supplements our Privacy Notice.

     This Supplemental Consumer Health Data Privacy Statement only applies to personal information we process that is “consumer health data” subject to the Connecticut Data Privacy Act, as amended (“CTDPA”), Washington My Health My Data Act (“MHMDA”), Nevada’s Consumer Health Data Privacy Law (“NVCHDPL”), or other states with consumer health data privacy laws (as applicable).

     Terms used in this Supplemental Consumer Health Data Privacy Statement that are defined in MHMDA, NVCHDPL, or CTDPA will have the meaning set forth in those laws to the extent such laws are applicable.

    CONSUMER HEALTH DATA WE COLLECT

    Under the MHMDA, “consumer health data” is defined as “personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status.”

    Under NVCHDPL, “consumer health data” is defined as “personally identifiable information that is linked or reasonably capable of being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer.”

    Under CTDPA, “consumer health data” is defined as “any personal data that a controller uses to identify a consumer’s physical or mental health condition or diagnosis, and includes, but is not limited to, gender-affirming health data and reproductive or sexual health data.”

    Because consumer health data is defined very broadly, many of the categories of personal information that we collect under our Privacy Notice may also be considered consumer health data.

    Examples of consumer health data that you may provide to us, or that we may otherwise collect, may include:

      • Information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health. For example, we collect your search queries on our websites, which may include queries or other information concerning nutrition, wellness, fitness, medical conditions, or other health-related topics.
      • Information about your health-related conditions, symptoms, status, diagnoses, disease, testing, or treatments.
      • Information about social, psychological, behavioral, and medical interventions.
      • Information about use or purchase of prescribed medication.
      • Information about measurements of bodily functions, vital signs, symptoms, or characteristics.
      • Information about diagnoses or diagnostic testing, treatment, or medication.
      • Information about surgeries or other health-related procedures.
      • Reproductive or sexual health information.
      • Information about gender-affirming care.
      • Biometric information.
      • Genetic data.
      • Information about your access to healthcare, including precise location information that could reasonably indicate an attempt to acquire or receive health services or supplies; or
      • Information processed to associate or identify an individual with the data listed above that is derived or extrapolated from non-health information.
      • Information related to the precise (geo)location information of a consumer used to indicate an attempt by a consumer to receive health care services or products.
      • Other information that may be used to infer or derive data related to the above or other consumer health data.

    SOURCES OF CONSUMER HEALTH DATA

    We collect consumer health data that you provide to us, consumer health data we collect automatically when you use our websites, and consumer health data from third-party sources, as described in our Privacy Notice and below.

    WHY WE COLLECT AND USE CONSUMER HEALTH DATA

    We collect and use consumer health data for the purposes and in the manner described in the “Use of Your Personal Information” section of our Privacy Notice.

    Primarily, we collect and use consumer health data as reasonably necessary to provide you with the products or Services you have requested or authorized. This may include delivering and operating the products or Services and their features, personalization of certain product or website features, ensuring the secure and reliable operation of the products or Services and the systems that support them, troubleshooting and improving the products and Services, and other essential business operations that support the provision of the products and Services (such as analyzing our performance and meeting our legal obligations).

    We may also use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law.

     

    SHARING OF CONSUMER HEALTH DATA

     We may share each of the categories of consumer health data described above for the purposes described above and in the “Use of your Information” section of our Privacy Notice.

    We only share or disclose your consumer health data as needed to provide you with the products or Services that you request, or with your explicit consent. We may share or disclose any or all the above categories of consumer health data to the following entities, who shall use the data only as permitted for the purposes set forth above, and within the bounds of our contracts with them:

    These general categories of third parties:

      • Business Collaborators
      • Product co-promotion partners
      • Product co-development partners
      • Marketing and Advertising Agencies
      • Social Media Companies and Platforms
      • Service Providers (including those hosting or analyzing data on our behalf, those assisting with fraud prevention, those assisting in program administration, those assisting in incident management and reporting, those administering our call center and websites, and those who assist with our information technology and security programs)
      • Emergency Personnel
      • Authorized/legal representatives, family members, and caregivers
      • Third parties (including those with whom Melinta has joint marketing and similar arrangements, those who provide marketing and data analytics services, those who provide program enrollment or product fulfillment, payment, and authorization, other third parties as necessary to complete transactions and provide products or Services, or where required by law)
      • Melinta lawyers, auditors, and consultants
      • Legal and regulatory bodies

    In addition, we may share or disclose consumer health data as permitted or required by law, such as (i) to an acquiring organization if we are involved in a sale or a transfer of our business, (ii) as needed to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, (iii) in situations that may involve violations of our terms of use or other rules, (iv) to protect our rights and the rights and safety of others, (v) as needed to support external auditing, compliance and corporate governance functions, (vi) as needed to preserve the integrity or security of our systems, or (vii) to investigate, report, or prosecute those responsible for any action that is illegal under applicable state or Federal law.

     

    HOW TO EXERCISE YOUR RIGHTS

    The CTDPA, MHMDA, and NVCHDPL provide consumers with certain rights with respect to consumer health data.

    Under MHMDA, consumers have the right to: (i) confirm whether Melinta is collecting, sharing, or selling consumer health data and to access such data; (ii) withdraw consent from Melinta’s collection and sharing of consumer health data; and (iii) request that Melinta delete consumer health data.

    Under NVCHDPL, consumers have the right to: (i) confirm whether Melinta is collecting, sharing or selling consumer health data; (ii) have Melinta provide the consumer with a list of all third parties with whom Melinta has shared consumer health data relating to the consumer or to whom Melinta has sold such consumer health data; (iii) request that Melinta cease collecting, sharing, or selling consumer health data relating to the consumer; and (iv) request that Melinta delete consumer health data.

    Under CTDPA, Melinta is required to obtain consumer consent prior to selling or offering to sell, consumer health data. Consumers have the right to: (i) confirm whether Melinta is collecting or sharing consumer health data; (ii) have Melinta provide the categories of consumer health data that it shares with third parties and the categories of third parties with which it shares consumer health data; and (iii) withdraw consent from Melinta’s selling of consumer health data.

    The rights afforded to consumers under CTDPA, MHMDA, and NVCHDPL are subject to certain exceptions.

    Subject to certain legal limitations and exceptions, you have the following rights with respect to any consumer health data we may collect about you:

      • The right to confirm whether we are collecting, sharing, or selling your consumer health data and to access such data, including to receive a list of affiliates or specific third parties with whom we have shared or sold your information, along with contact information such as an active email address for each third party;
      • The right to review and request corrections to your consumer health data;
      • The right to withdraw consent from our collection or sharing of your consumer health data; and
      • The right to request that we delete your consumer health data.

    You may submit a request pursuant to any of these rights by contacting us as described in the “Contact Us” section.

    Melinta will not discriminate against you for exercising any of your rights. We will make reasonable efforts to respond promptly to your requests in accordance with applicable laws. Please allow 45 days for a response.  We may, after receiving your request, require additional information from you to authenticate your request and verify your identity. Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so. If we deny your request, you have the right to appeal that denial by contacting us as described in the “Contact Us” section. We will process and respond to your appeal within the time permitted by applicable law.

    If you are a Washington resident and your appeal is unsuccessful, you may file a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.

    CHANGES TO OUR CONSUMER HEALTH DATA PRIVACY STATEMENT

    We may update this Consumer Health Data Privacy Statement from time to time. When we do update it, for your convenience, we will make the updated statement available on this page. Our intention is to use consumer health data in accordance with the Consumer Health Data Privacy Statement in place at the time the consumer health data was collected.

    ANNEX C

    CONSUMER HEALTH DATA AUTHORIZATION

    This Consumer Health Data Privacy Authorization (“Authorization”) supplements Melinta’s (“Melinta”, “we,” “us,” or “our”) Privacy Notice, Supplemental Consumer Health Data Privacy Statement, and the www.melinta.com cookie banner and applies only to “consumer health data” subject to the Connecticut Data Privacy Act, as amended (“CTDPA”), Washington My Health My Data Act (“MHMDA”), Nevada Consumer Health Data Privacy Law (“NVCHDPL”), or other states with consumer health data privacy laws (as applicable).

    Terms used in this Authorization defined in CTDPA, MHMDA, NVCHDPL, or other applicable state consumer health data privacy laws will have the meaning set forth in those laws to the extent such laws are applicable.

    If you opt-in to “personalized marketing” through the www.melinta.com cookie banner, you allow us to “sell” your consumer health data as described below:

      • Specific consumer health data intended for “sale”:  Consumer health data collected via cookies and similar technologies including but not limited to browsing activity on our website.
      • Purpose of the “sale” of consumer health data:  To tailor and deliver personalized advertisements to you.
      • How consumer health data purchasers gather and use the data:  Consumer health data purchasers will gather the data via cookies and other tracking technologies when you visit www.melinta.com. These purchasers may use the data to assist us to deliver personalized advertisements to you and in accordance with their privacy policies linked below.
      • Consumer health data purchasers’ contact information:
      • Contact information for Melinta:  dataprivacy@melinta.com  

    Please note:

      • The provision of goods or services may not be conditioned upon you accepting the terms of this Authorization.
      • Purchasers may redisclose the consumer health data sold under this authorization and such data may no longer be protected by the CTDPA, MHMDA, NVCHDPL, and/or applicable state consumer health data privacy laws.
      • You may revoke this authorization at any time through the melinta.com cookie banner. To do so, please be sure the box next to “Personalize marketing” is unchecked and click “Save my choices.” you may also click “Decline all” to decline our use of all cookies not required to operate our website.
        • A revocation will not impact previously sold consumer health data. In addition, if you use different browsers or devices, you must indicate your choices on each browser/device used to access melinta.com.

    If you have any questions about how to revoke your authorization, please contact:  dataprivacy@melinta.com.

      • This authorization will expire one (1) year after accepting it.

    Pop Up Banner for CT, NV, and WA

    We and our partners use and share cookies and other tracking technologies (“cookies”) to improve your experience, measure website performance, and personalize marketing to you.

    Under certain state privacy laws, cookies are considered to include personal information and our sharing of cookies may be considered a “sale” or “sharing” for behavioral or “targeted” advertising.  To opt out, click here.

    By clicking “Accept” or otherwise opting into personalized marketing, you authorize Melinta to “sell” or “share” your “consumer health data” in accordance with our Consumer Health Data Authorization:

    This Consumer Health Data Privacy Authorization (“Authorization”) supplements Melinta’s Privacy Notice and Supplemental Consumer Health Data Privacy Statement, and applies only to “consumer health data” subject to the Connecticut Data Privacy Act, as amended (“CTDPA”),  Washington My Health My Data Act (“MHMDA”), or Nevada’s Consumer Health Data Privacy Law (“NVCHDPL”) (as applicable).

    Terms used in this Authorization defined in CTDPA, MHMDA, or NVCHDPL will have the meaning set forth in those laws to the extent such laws are applicable.

    If you opt-in to “personalized marketing” through the www.melinta.com  cookie banner, you allow Melinta to “sell” your consumer health data as described below:

    • Specific consumer health data intended for “sale”:  Consumer health data collected via cookies and similar technologies including but not limited to browsing activity on www.melinta.com.
    • Purpose of the “sale” of consumer health data:  To tailor and deliver personalized advertisements to you.
    • How consumer health data purchasers gather and use the data:  Consumer health data purchasers will gather the data via cookies and other tracking technologies when you visit the Melinta website. These purchasers may use the data to assist us to deliver personalized advertisements to you and in accordance with their privacy policies linked below.
    • Consumer health data purchasers’ contact information:

    Contact information for Melinta:  dataprivacy@melinta.com

    Please note: 

     

    ·        The provision of goods or services may not be conditioned upon you accepting the terms of this authorization.

    ·        Purchasers may redisclose the consumer health data sold under this authorization and such data may no longer be protected by the CTDPA, MHMDA, and/or NVCHDPL.

    ·        You may revoke this authorization at any time through this Melinta cookie banner. To do so, please be sure the box next to “Personalize marketing” is unchecked and click “Save my choices.” you may also click “Decline all” to decline our use of all cookies not required to operate our website.

      • A revocation will not impact previously sold consumer health data. In addition, if you use different browsers or devices, you must indicate your choices on each browser/device used to access www.melinta.com.
      • If you have any questions about how to revoke your authorization, please contact us at dataprivacy@melinta.com.

    ·        This authorization will expire one year after accepting it.

     

    To learn more about how we use and share personal information including cookies, please review our Privacy Notice.