Effective as of April 2020.

This “Privacy Policy” describes the privacy practices of VYNE Therapeutics™ (“VYNE”). We are committed to respecting the privacy of individuals whose information we collect, and have described in this Privacy Policy how we collect, use, disclose and otherwise process personal information in connection with our websites, products and services, and the rights and choices available to individuals with respect to their information.
Please note that our websites are intended for and directed towards US residents. If you submit an inquiry about our product AmzeeqTM from outside the US, we will interpret that submission as your direction to share your information and request with our authorized licensee or distributor near your location, if available. You may also direct us to share your information in other circumstances, such as to use a third-party service – via our website – to verify your out-of-pocket costs for our products.

We may provide additional privacy notices to individuals at the time we collect their information. For example, we provide a specific privacy notice to clinical trial participants that describe our privacy practices in connection with conducting clinical trials. This type of an “in-time” notice will govern how we may process the information you provide at that time.

Whose Personal Information We Collect

We may collect personal information about:

  • Clinical trial participants, patients, patients’ family members, caregivers or advocates
  • Physicians and other health care professionals, including clinical trial investigators, researchers, and pharmacists
  • Representatives of businesses with which we engage
  • Job applicants, investors, website visitors and other individuals who interact with us, including through social media

How We Collect Personal Information

We may collect personal information from various sources, such as:

  • Directly from individuals
  • Through our websites and social media platforms
  • From contract research organizations and clinical trial sites
  • From government agencies or public records
  • From industry and patient groups and associations
  • From other third parties (e.g., business contact information that we may acquire from data brokers)

Types of Personal Information We Collect

We may collect the following types of personal information:

  • Contact information (personal and business), such as your name, address, phone number, email address and any other information you provide to us
  • Health and medical information, such as medical insurance details, information about physical health conditions and diagnoses, treatments for medical conditions, genetic information, family medical history, and medications an individual may take, including the dosage, timing, and frequency that we collect in connection with managing clinical trials, conducting research, providing patient support programs and tracking adverse event reports
  • Demographic information, such as date of birth, age, gender and marital status
  • Correspondence and other information you provide to us, including in emails, on phone calls, and in market research surveys
  • Professional credentials, educational and professional history and institutional affiliations
  • Engagement information, such as information about the programs and activities in which you have participated, your prescribing of our products, your use of our products and the agreements you have executed with us
  • Publicly available information, including comments describing support for and experience with VYNE products and information that you or others publish on social media, testimonials, blogs or other forums, such as tweets, comments, photographs, or video or audio content
  • Data collected automatically by us, our service providers, and third-party partners who may use “cookies” and other tracking technologies to automatically log information about you, your computer, or mobile devices, and your activity over time on the websites, such as:
    • Device data, including your Internet Protocol address, your browser type, your computer or mobile operating system and version, the domain name of your Internet Service Provider, manufacturer and model, browser type, browser language, screen resolution and the website you visited before browsing to our websites
    • Online activity data, the pages or screens you view on our websites, how long you spent on a page or screen, the pages you view immediately before and after you access our websites, date and time of access, any searches you make on our websites, information about your use of and actions on our websites, navigation paths between pages or screens

How We Use Your Personal Information

We may use personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

For our general administrative and quality assurance purposes, including to improve our level of services.

To perform and administer clinical trials, research and product-improvement activities, including to:

  • Facilitate clinical trials, research, studies, and related activities that support product improvement
  • Staff and manage clinical trials, including by recruiting investigators and participants
  • Track and respond to safety and product quality concerns
  • Support public health initiatives, symposia, conferences, and scientific, educational and volunteer events
  • Facilitate medication adherence programs
  • Define and manage appropriate patient engagement activities, and patient support programs (including to provide co-pay and other financial assistance where available)
  • Identify and engage thought leaders and external experts
  • Award scholarships and grants
  • Attribute authorship to academic and promotional materials

To facilitate access to our products, including to:

  • Connect you with distributors/licensees outside of the US
  • Provide financial support for the purchase of our products

To communicate with you about VYNE, our websites, products and services

To operate our websites, including by personalizing your experience on our websites

For compliance, fraud prevention, and safety, including as we believe necessary or appropriate to:

  • Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities
  • Comply with regulatory monitoring and reporting obligations, such as those related to adverse events, product complaints, safety, and financial disclosures
  • Protect our rights, privacy, safety or property, and/or that of you or others
  • Protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including intellectual property infringements, violations of our terms of use, or other misuse of our websites

To market our products and services to you. We may send you VYNE-related marketing communications. Our marketing communications may be tailored to you and your interests, and we may use your personal information to improve the content of our advertising and communications. You will have the ability to opt out of such communications as described below.

To create anonymous data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by excluding information that makes the data personally identifiable to you, and use and share that data for our business purposes.

How We Share Your Personal Information

Affiliates. We may disclose your personal information to our subsidiaries and corporate affiliates for purposes consistent with this Privacy Policy.

Advertising partners. Our advertising partners may collect information directly from our websites for marketing purposes using cookies and other tracking technologies.

Service providers. We may employ third party service providers to perform services on our behalf, such as:

  • Contract research organizations and investigators
  • Data storage and analytics providers, and other information technology and communications vendors
  • Customer service (including our medical information line) and patient support providers (including for product quality and adverse event reporting, patient co-pay assistance, medicine intake adherence programs, etc.)
  • Product recall administration vendors
  • Patient support vendors

We require these service providers to process your information only for the purposes for which we authorize them to access the information, and prohibit them by contract from using or disclosing your information for purposes other than providing services to VYNE.

Benefit verification providers. You use a third-party benefit verification provider via our website to determine your out-of-pocket costs to purchase our products. We will pass your information to the benefit verification provider, which may process your information in accordance with the provider’s own privacy policy. We will identify the relevant provider on the web form you use to submit your benefit verification request.

Research and business partners. We may disclose your personal information to partners with whom we collaborate on research or jointly develop or market our products. We may also share your personal information with health care professionals, researchers, academics, public health organizations, and publishers for purposes consistent with this Privacy Policy.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Compliance, fraud prevention and safety. We may share personal information for the compliance, fraud prevention and safety purposes described above.

Business transfers. We may transfer your personal information to a successor entity upon a merger, consolidation, or other corporate reorganization in which VYNE participates or to a purchaser of all or a portion of VYNE’s assets.

Your Choices

Depending on the jurisdiction in which you are located, you may be able to submit the following requests:

  • Update your information. You may request that we update or correct the information that you have provided to us.
  • Opt out of marketing communications and other sharing. You may request that we stop receiving any emails or other marketing communications from us. You may opt out of marketing-related emails by clicking the “Unsubscribe” link at the bottom of each such email, or by sending an email with the subject line “Unsubscribe” to privacyoffice@VYNEtx.com. You may continue to receive service-related and other non-marketing emails.
  • Erase. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you may request that we delete information about you from our records.
  • Online tracking. Some of our business partners that collect information about users’ activities on or through the service may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior for purposes of targeted advertising. For additional information, see the Online Tracking Opt-out Guide.

Do Not Track Signals. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to do not track signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Other Sites and Services

VYNE may provide links to other sites not owned or operated by VYNE that we believe may offer useful information. However, we cannot guarantee the standards of every third party website to which we link. Likewise, we are not responsible for the content of any non-VYNE website. You acknowledge that VYNE is providing these links to you only as a convenience, and you agree that VYNE is not responsible for the content of such websites. Since our Privacy Policy does not apply to such websites, your use of these linked websites is subject to the respective terms of use and privacy policies located on the linked websites.

Security

Please note that while VYNE and its third party providers have endeavored to create secure and reliable websites, the confidentiality of any communication or material, including any personal information contained within it, transmitted to/from VYNE via our websites or email cannot be guaranteed. There is always some risk involved when submitting data over the internet. Once received, VYNE strives to maintain reasonable administrative, technical, and physical safeguards, to protect personal information; however, no system is completely secure or error-free. You provide your information to us at your own risk. VYNE does not, and cannot, guarantee that your data will not be lost, accessed without authorization, disclosed, altered, or destroyed.

Investors

You may provide information to us when visiting the Investors & Media page of our website, such as your name and contact information. We use this information to communicate with you and respond to your requests, to operate our website, to comply with law and for other compliance, fraud prevention, and safety purposes. We may share this information with our affiliates, service providers, and professional advisors, to comply with law, for compliance, protection and safety, and in the event of a business transfer, each as explained below.

Job Applicants

When you visit the careers portion of our websites, we collect the information that you provide to us in connection with your job application. This includes business and personal contact information, professional credentials and skills, educational and work history, and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide. We use this information to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics. We may also use this information to communicate with you, to operate our websites, and as otherwise necessary for compliance, fraud prevention, and safety purposes.

Children

Our websites are not intended or designed to attract children under the age of 13. If we learn that we have collected personal information directly from a child under the age of 13 through our websites, we will delete that information. VYNE does not knowingly collect personal information from any person under the age of 18 without the consent of a parent or guardian, and you must be 18 years of age or older to submit registration information. If you are the parent or guardian of a minor who may have submitted information to us without indicating his/her actual age and you would like it removed, please contact us via email at privacyoffice@VYNEtx.com , and we will make reasonable efforts to remove all personal information related to the minor.

Changes to this Privacy Policy

VYNE may change this Policy from time to time. We encourage you to review the Privacy Policy periodically to ensure you are familiar with our current Policy, especially before you provide any personal information. Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the services (or as otherwise indicated at the time of posting). Your continued use of our websites indicates your understanding of, and agreement to, the revised Policy.

How to Contact Us

If there are any questions or concerns regarding this Privacy Policy or the data collection practices outlined herein, or if you want to exercise any of your rights, please contact us as follows:

Privacy Office
520 U.S. Highway 22, Suite 204, Bridgewater, NJ 08807, USA
privacyoffice@VYNEtx.com

Notice to California Residents

We are required by the California Consumer Privacy Act (“CCPA”) to provide to California residents an explanation of how we collect, use and share their personal Information, and of the rights and choices we offer California residents regarding our handling of their personal information.

Under the CCPA, this Notice to California Residents and the privacy practices and rights it describes do not apply to the information we collect, use or disclose about:

  • Clinical trial volunteers, candidates, participants and investigators,
  • Healthcare providers, and other individuals who represent businesses that provide services to us or to whom we provide our products or services.
  • Consumers who submit health information to us, including on amzeeq.com, or use our site for benefit verification.

This is because information about these individuals is governed by clinical trial regulations, the California Confidentiality of Medical Information Act or the Health Insurance Portability and Accountability Act of 1996, or is subject to the CCPA’s exemption for business contact information.

Personal Information We Collect, Use and Share

We do not sell personal information. As we explain in this Privacy Policy, we use cookies and other tracking technologies to analyze website traffic and facilitate advertising. If you would like to learn how you may opt out of our (and our third party advertising partners’) use of cookies and other tracking technologies, please review the instructions provided in the Online Tracking Opt-out Guide.

Subject to the above exemptions, here is a summary of how we currently collect, use and share personal information, and how we have collected, used and shared the information in the preceding 12 months.

California Residents’ Privacy Rights

The CCPA grants individuals whose information is governed by the CCPA the following rights:

  • Information. You can request information about how we have collected, used and shared your personal information during the past 12 months.
  • Access. You can request a copy of the personal information that we maintain about you.
  • Deletion. You can ask us to delete the personal information that we collected or maintain about you.

Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.

You are entitled to exercise the rights described above free from discrimination.

How to Submit a Request

To request access to or deletion of personal information:

Identity verification. The CCPA requires us to verify the identity of the individual submitting a request to access or delete personal information before providing a substantive response to the request.

Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.

Online Tracking Opt-Out Guide

There are a number of ways to opt out of having your online activity and device data collected through tracking technologies, which we have summarized below:

  • Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. 
  • Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
  • Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.
  • Platform opt-outs. The following advertising partners offer features that let you opt-out of the use of your information for interest-based advertising:

Advertising industry opt-out tools. You can also use the following opt-out tools to limit use of your information for interest-based advertising by participating companies:

Digital Advertising Alliance: http://optout.aboutads.info

Network Advertising Initiative: http://optout.networkadvertising.org/?c=1

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use.