Privacy Policy

PRIVACY POLICY

Last Updated: April 7, 2021
Melinta respects the relationships we have with our customers and the privacy of all individuals whose Personal Information may be processed by Melinta in the performance of our services and our business operations. References in this Privacy Policy to “we,” “us” or “our” refer to Melinta Therapeutics, LLC. (“Melinta”). We have a responsibility to protect all personal information, including sensitive personally identifiable information, that may be gathered from users of this website. Melinta is committed to maintaining the confidentiality and security of this information in compliance with applicable legal requirements.

This Privacy Policy applies to our data collection and use practices relating to this website. Please be aware that information we collect, use, and disclose by other means is not necessarily subject to this Privacy Policy. By using our website, you agree to the terms of this Privacy Policy and any modifications we may make from time to time to this Privacy Policy.

Information We Collect and How We Collect It

We collect personally identifiable information about you only where you offer it voluntarily, such as when you send an inquiry via our “Contact Us” page. This information may include your name and email address, and any other identifying information. Also, as discussed in more detail below, we collect non-personally identifiable information about your use of this website using cookies and other technologies.

Use and Disclosure of Your Information

We use the information you submit to us to respond to and process your requests. In order to process any such request, we may share your personally identifiable information with our affiliates and representatives or with carefully selected vendors that perform services on our behalf. We may also use or disclose your information, including personally identifiable information:

• To comply with the law or in response to a subpoena, court order, government request, or other legal process;
• To protect the interests, rights, safety, or property of Melinta, our clients, users of this website, or others;
• To allow any successor entity to continue using your information to serve you; and
• As otherwise required or permitted by law.

If you would like to opt-out of receiving communications from us, please email your request to dataprivacy@melinta.com and we will work to honor your request.

Consent to Transfer

To fulfill the purposes outlined in this Privacy Policy, any personally identifiable information you provide through this website may be transferred across national borders, including to countries that may have different levels of privacy protection than your country. By submitting personally identifiable information to us through this website, you consent to such transfers, as well as to the processing and storage of such information in countries other than your own.

How We Share Personal Information

Melinta does not sell or rent your personal information. We may share the personal information that we collect and use as described in this Privacy Policy and any other applicable privacy notices or opt-ins that you receive.

• Subsidiaries and Affiliates. Melinta may share personal information with subsidiaries and affiliates.
• Service Providers. We contract with other 3rd party companies and individuals to help provide services to us for our Website, and other products and services. We may disclose your personal information to our 3rd party suppliers, agents, contractors, or other service providers working on our behalf in connection with the services that they perform. Examples of companies that we treat as service providers include web hosting companies, fulfillment and customer service vendors, and data analysis firms. Some service providers may collect personal information on our behalf or may be provided access to personal information to perform services. These service providers may only treat your personal information in a manner consistent with this Privacy Policy.
• Other 3rd Parties. We may share information with 3rd parties, such as information shared when you use interactive features. In addition, cookies, pixels, web server data, and other technologies may involve sharing of information with 3rd parties.
• Transfer of Control. Circumstances may arise where we decide to reorganize or divest part or all of our business or a line of our business (or any portion of our assets), including our information databases and Websites, through a sale, divestiture, merger, acquisition, in the event of a bankruptcy, or other means of transfer. In any such circumstance, personally identifiable information may be shared with, sold, transferred, rented, licensed, or otherwise provided or made available by us or on our behalf to actual or potential parties to, and in connection with, the contemplated transaction (without your consent or any further notice to you). In such circumstances, we will seek written assurances that personally identifiable information submitted through this Website will be protected appropriately.
• Regulatory Requirements. We may disclose your personal information in order to fulfill regulatory requirements. For example, if you contact us regarding your experience with using any of our products, we may use the information you provide in submitting reports to the U.S. Food and Drug Administration, and as otherwise required of us by law or governmental audit. We may also use the information to contact your healthcare professional to follow up regarding an unexpected event involving the use of any one of our products. We may also report transfers of value to healthcare professionals and others as may be required by financial transparency laws.
• Law Enforcement. In rare situations, we may be required by court order or other legal or regulatory process, or as otherwise required by law to divulge personal information to law enforcement authorities, the courts, or regulatory authorities. Melinta will cooperate in responding to such requests, in accordance with the regulatory or legal process, and will take appropriate measures to ensure that the requester understands the sensitive nature of any health-related personal information they receive.

We disclose personal information to 3rd parties for business purposes, including without limitation, for purposes of advertising, marketing, and other services performed on our behalf, to comply with legal requirements, to protect against fraud and malicious activity, and for other business purposes described in this Privacy Policy.

Online Privacy for Children

This website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13).

Cookies, Usage Details, IP Addresses, and Other Technologies

As you navigate through and interact with the website, we and third parties working on our behalf (e.g., service providers such as Google Analytics) may place, view, and/or use “cookies,” web server logs, and similar technologies to collect non-personally identifiable information about your use of this website and other websites, including:

• Information about your computer and Internet connection, including the IP address, browser type, and operating system; and
• Details of your visits to the website, including the date and the time of your visit, the state or country from which you accessed the website, the activity and pages visited while on the website, and the websites you visited immediately before and after visiting this website.

The information collected using these technologies may be used to:

• Perform research and analysis;
• Enhance the experience of this website; and
• Compile aggregate and anonymous information about site traffic and usage of this website and other websites.

Cookies or similar electronic tools do not collect personally identifiable information. However, certain information, including information collected using these technologies, may be linked to other information we have about you (including information from other online and offline sources). For example, we may use third parties to collect information about use of this website, including webpages viewed, websites used prior to visiting this website, and whether you have been to this website before, and to provide us reports about use of this website.

Managing Your Preferences for Cookies and Other Electronic Tools

Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if your Web browser allows it) that enable our site’s or service provider’s systems to recognize your browser and capture and remember certain information.

Most browsers are set to accept cookies by default. If you prefer, you can usually set your browser to disable cookies, or to alert you when cookies are being sent. You can find more information about cookies and how to disable them at www.allaboutcookies.org. However, note that portions of this website may not function properly if you disable cookies.

We also allow third-party behavioral tracking, such as Google Analytics, on the website. You can prevent this tracking of your activity by installing certain software, such as the browser add-on offered by Google: https://tools.google.com/dlpage/gaoptout.

Third-Party Websites

Our website may provide links to third-party sites. This Privacy Policy does not apply to any information you may provide while on such third-party sites or those third parties’ use of that information. We encourage you to read the privacy policies on those sites before providing any of your personally identifiable information to them.

Security

We have reasonable security measures in place, which include appropriate technical, administrative and physical safeguards designed to protect your personal information in our possession from loss, misuse, unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of the information under our control.

However, we cannot guarantee that it is completely secure from people who might attempt to evade our security measures or intercept transmissions over the Internet.

Risk of Disclosure

No Internet transmission is ever 100% secure or error-free from people who might attempt to evade our security measures or intercept transmissions over the Internet. More specifically, information transmitted to or from the website may not be via a secure connection. As a result, you should take particular care in deciding what information you send via our website.

Data Integrity and Purpose Limitation

We endeavor to use Personal Information in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Melinta will take reasonable steps designed to ensure that only Personal Information that is relevant to its intended use, accurate, complete, current and otherwise reliable in relation to the purposes for which it was obtained by Melinta for as long as we retain possession of such information.

Update and Correction of Personally Identifiable Information

You may contact us to update or correct much of your personally identifiable information that you provide to us through the Website other than the limited information described above under the Regulatory Requirements section, or to opt-out from our mailings and other services and communications that you may have signed up for. To do so, please contact us at 844‑633‑6568.

State Rights (e.g., Access & Deletion for Certain Individuals)

You may have the right to request access to or deletion of your personal information under state law (e.g. California). These rights are not absolute and only apply in certain circumstances. This means that we may be unable (e.g., due to legal requirements), or not obligated, to satisfy your request. In some cases, we may need to collect additional information from you in order to verify your identity before we provide access or delete your information, such as a government-issued identification. Melinta will not discriminate against you for exercising your rights, but may not be able to provide you with services or programs that you have requested if we are not able to use your information. To submit requests, please call (toll free) 844‑633‑6568 or email dataprivacy@melinta.com. Please also see the Notice to California Residents below.

Amendment or Modification of this Privacy Policy

We reserve the right to change this Privacy Policy from time to time for any reason. Such changes will be effective upon the posting of the updated version on this website. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at this link here and we will change the “Last Updated” date above. We encourage you to review the Privacy Policy when you revisit this website if changes have been made since your last visit.

Acceptance of Terms

By using this website, you are hereby accepting the terms and conditions stipulated within this Privacy Policy. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree and accept such changes.

How to Contact Us

If you have any questions regarding this Privacy Policy, please call (toll free) 844‑633‑6568, email dataprivacy@melinta.com, or mail your inquiry to:

Melinta Therapeutics, LLC
Attn: General Counsel
44 Whippany Road
Suite 280
Morristown, NJ 07960

Notice to California Residents

The California Consumer Protection Act of 2018 (“CCPA”) provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. This notice applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to describe our information collection and sharing practices pursuant to the CCPA. This disclosure does not apply to information that is not subject to the CCPA.

Melinta may collect personal information from you directly, such as when you submit information pursuant to a web form or register on one of our sites. Melinta may also indirectly collect personal information from publicly available sources, third party vendors, and other third parties. Melinta may combine personal information from multiple online and off-line sources. During the prior 12 months, Melinta may have collected, used, or shared personal information about you, including in the following categories:

• Identifiers and contact information, including your name, address, phone number, mailing address, or email address;
• Registration information, such as a username and password;
• Data regarding your relationship with Melinta, including information about products, treatments and health conditions of interest to you;
• Transaction data, including purchases and inquiries;
• Financial account data, e.g., credit card numbers;
• Income and demographic information, e.g., information obtained when you request financial assistance for one of our products;
• Health-related information, such as information about a health condition, safety and health information in relation to any of our products, or insurance and demographic information; and
• Payment-related information if you provide a service to Melinta.

We generally share personal information with third parties for the business and commercial purposes described above. We do not sell personal information to third parties.

California residents may have the right to request that a business that collects consumers’ personal information disclose the personal information collected and provide copies of the specific pieces of personal information that it has collected about them. California residents also have the right to submit a request that their information be deleted under certain circumstances. These rights are subject to certain exceptions – e.g., we may not be required to delete your personal information when we are required to retain information for regulatory reasons or where otherwise provided for by law. Please note that we will not respond to a request if we cannot verify you as the requestor.

You can make a request by contacting us through the toll-free telephone number 844‑633‑6568 or via email at dataprivacy@melinta.com. After we receive your request, we may require additional information to determine if your information is in our systems and to confirm your identity. If you are making a request as an authorized agent on behalf of a California resident, we may request that you provide us with proof that you have been authorized to make the request, which may include signed permission provided by the California resident.

We will not discriminate against you for exercising your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; provide you a different level or quality of goods or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.