Terms of Use and Privacy Policy

This website (the "Site") is owned and operated by Santhera Pharmaceuticals (USA) Inc. ("Santhera", "we", "our", or "us") and is intended for U.S. residents 18 years of age or older. Any use of this Site is subject to the following terms, conditions, and applicable law. By accessing and using this Site, you agree to all such terms, conditions, and applicable law. Therefore, we urge you to read the following terms and conditions carefully prior to using this Site. Please note that Santhera may revise or terminate these terms and conditions for any reason at any time and without further notice. Therefore, as you are bound by any such amendments, you should periodically visit this page to review the terms and conditions. You may be subject to additional terms that may apply when you access certain areas of this Site or by following a link from this Site.

1. Non-commercial and personal use only

Unless explicitly stated otherwise, this Site is protected by copyrights. Therefore, you may download, electronically copy, print, or display any information included in this Site for non-commercial and personal use only. The distribution, modification, transmission, or use of any data of this Site (including images, text, graphics, video etc.) for public or commercial purpose is expressly prohibited. Any exception requires the prior written consent of Santhera. However, Santhera does not warrant or represent that your use of any information contained in this Site will not interfere with rights of a third party.

2. Copyrights, trademarks, and other property rights

The copyrights, trademarks, patents, proprietary information, products, or other property rights included in or referred to on this Site, (the “Rights”) are the exclusive property of Santhera or other respective owners that have granted Santhera the right and license to use such Rights. No license to or right in any of the Rights is granted to or conferred upon you.

3. Linking and framing

Links to this Site are only permitted to the homepage. Deep-linking is not permitted. In addition, hot-linking, in-line linking, framing of this Site, or any other method of incorporating parts of this Site in your website or the website of a third party is equally prohibited. Any exception requires the prior written consent of Santhera.

4. Links to third-party sites

As a service to visitors, this Site may contain links to other sites on the Internet that are owned and operated by third parties (the “Third-Party Sites”). Please note that Santhera has no control over these Third-Party Sites and that your linking to these Third-Party Sites is at your own risk and subject to the legal statement and privacy policy of the linked site. You further understand that Santhera does not approve nor survey any Third-Party Sites. Santhera has no responsibility or liability of any kind for these linked Third-Party Sites.

5. User chat rooms /User participation

While Santhera is under no obligation of any kind to monitor or review any chat rooms, bulletin boards, or other similar areas on any external website as well as the content of any such communications, Santhera may do so occasionally. Santhera does not take any responsibility or liability associated with the content of any such communication platforms, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. You are explicitly prohibited from transmitting or posting any unlawful, libelous, threatening, obscene, pornographic, or profane material or any material violating the law. Please note that Santhera will fully cooperate with any court order or law enforcement authorities requesting Santhera to disclose the identity of any person transmitting or posting such material. In addition, Santhera reserves the right to, but is not bound to do so, remove or block any communications or material that it considers to be (i) abusive, obscene, deceptive, misleading, offensive, or defamatory, (ii) in violation of any intellectual property right, such as copyrights or trademark, (iii) in violation of any law or regulation, or (iv) otherwise unacceptable to Santhera at its sole discretion.

6. No confidential treatment of user submissions

Unless subject to the “Privacy Policy” section hereinafter, any communication or material you transmit to this Site by electronic mail or by any other means, including but not limited to, any comments, questions, suggestions, or the like will be treated as non-confidential and non-proprietary. Santhera is entitled to make use of anything you transmit or post for any purpose, including but not limited to, transmission, publication, disclosure, reproduction, and posting. Moreover, Santhera is entitled to use any information, concept, know-how, or the like included in any material or communication you transmit to the Site for any purpose whatsoever, such as developing, manufacturing, promoting, and marketing Santhera’s products. Please note that you herewith waive all your rights related to any such transmitted communications and material.

7. Privacy Policy (Last updated on November 21, 2017)

Santhera respects the privacy of visitors to our Site. This Privacy Policy describes how we protect and use data that we gather through this Site. The information we receive and how we use it depends on what you do when visiting this Site. We collect and use your non-personal data (information that is not identifiable to you personally) differently than your personal data.

The term “personal data” as used in this Policy refers to any information that can be used to identify you, such as your name, birth date, e-mail, or mailing address.

How We May Collect and Use Non-Personal Data

Each time you visit this Site, we may collect certain information about you from your computer or electronic device. This information is collected from your web browser and may include such non-personal data such as the type of browsing software you use (e.g., Google Chrome, Firefox, Safari, Microsoft Edge, or Internet Explorer), the name of the domain from which you access the Internet, the Internet IP address of the Site from which you linked directly to our Site; and/or the date and time you access our Site. Your IP address may be stored as a partial identifier and used to gather broad demographic information, which may be used to help diagnose problems with the server that administers our Site.

We use standard "cookie" and "web beacon" technology and web server logs to collect information about how our Site is used. Web beacons are transparent pixel images that are used in collecting information about website visitor activities and e-mail response and tracking. For example, if we send you an e-mail message, we (or third parties providing services on our behalf) may collect information through web beacons to determine whether you have opened the e-mail message or clicked on links located within the e-mail message.

Cookies are pieces of data that a website transfers to a visitor's hard drive for record-keeping purposes. Cookies placed on this website may be set directly by our servers or by third parties providing technical services to us. To prevent cookies from tracking you as you navigate this Site, you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Please note that some portions of this website may not work properly if you refuse cookies.

In addition, we may use third-party advertising companies to place ads on other websites about our products and programs. These contracted third parties may use data obtained from cookies about your web browsing activity, or interests to provide advertisements about our products and programs. We may also partner with third-party websites to target advertising to you based on information you have provided to the third party that indicates an interest in our programs, products, or the conditions they treat.

Google Analytics

This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the Site provider, Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for Site operators and providing other services relating to Site activity and internet usage to the Site provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this Site. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this Site: Disable Google Analytics. Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html. Please note that on this Site, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so-called IP masking).

How We May Collect and Use Personal Data

Some of the services provided on this Site may require sign-up or registration. When signing up or registering with Santhera, you may need to complete certain data fields. This process discloses your identity. Please note that in the event you decide to withhold certain requested personal data, it may not be possible for you to access certain parts of the Site or for Santhera to respond to your inquiry or request. By submitting your personal data, you agree that Santhera may keep a record of it and may use your personal data to respond to your inquiry, provide you with information, products or services, market products and services that we think may be of interest to you, or to communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect your personal data. You also agree that Santhera may share your personal information with third parties who assist us with our business activities pursuant to our request for further processing in accordance with the original purpose of the collection of the personal data.

Wherever possible, Santhera endeavors to ensure that both the obligation of non-disclosure and the intended use of the personal data are clearly indicated. Please note that any information sent to Santhera in a sign-up, registration form, or via the Internet is not completely secure. We take reasonable steps to protect the personal information provided via this Site from loss, misuse, and unauthorized access or disclosure. However, no Internet or e-mail transmission is ever fully secure or error-free. Due to the nature of the Internet, there is a possibility that unsecured (unencrypted) e-mail or Internet transmissions could be intercepted and read by third parties. Santhera assumes no responsibility for interception of personal information that you send in an unsecured (unencrypted) e-mail message or other Internet transmission to and from this Site. Therefore, you should take special care in deciding what information you send to us via e-mail, in a sign-up or registration form, or via other Internet transmission.

Santhera will not share any personal data that is sensitive (e.g., medical history) with any third party without your prior consent, and you may always withdraw your consent at any later time. Please note that if you withdraw your consent, Santhera may not be able to comply with some of your requests. However, Santhera will, where practicable, inform third parties to whom your personal data has been transferred of your withdrawal of consent.

Santhera attempts to ensure that your personal data is updated, accurate, and complete according to the information that has been provided. You are entitled to access and update your personal data or to demand its deletion at any time. If you wish to access, amend, or delete your personal data held by Santhera, please contact takeabreathDMD@santhera.com. Santhera will address your request in a prompt and accurate manner and free of charge. However, requests to delete personal data will be subject to any applicable reporting, document filing, or retention obligations with which Santhera must comply. In all other cases, Santhera will keep personal data only as long as is reasonably required for the processing of the purpose for which the personal data were collected and in accordance with any applicable legal or ethical reporting or documentation retention requirements.

Except as otherwise disclosed in this Privacy Policy, we will keep your personal information private and will not share it with others, unless the disclosure is necessary to comply with a law or regulation, court order, or other legal process, protect our rights or property, enforce our Terms and Conditions of Use or this Privacy Statement, and/or protect someone’s health or safety.

Direct Marketing / E-mail Communications

In the event of direct marketing of our products, programs, and/or services, we will provide you with a method to opt-in to or out of receiving further marketing materials as required by law. You may elect to receive e-mail updates about Santhera's products and/or services, or about specific health-related topics by completing the relevant electronic form on our Site. If you later decide that you no longer wish to receive such materials from us, you may unsubscribe by using the relevant "Unsubscribe" link provided within the relevant communications channel, or by sending us an e-mail indicating your preference to takeabreathDMD@santhera.com.

Links to Third-Party Web Sites

This Site may contain links to other websites that are not owned, controlled, reviewed, or monitored by Santhera. Please be aware that we are not responsible for the privacy policies of such other websites or how these websites operate or treat your personal information. We encourage you to be aware of when you leave this Site and to read the privacy policies and terms of use of each and every third-party website that collects personally identifiable information.

CalOPPA Do-Not-Track Notice

Santhera does not track its users over time and across third-party websites and therefore does not respond to Do-Not-Track (DNT) signals. Santhera does not authorize third parties to collect Personal Data directly from our users on our website, such as through the use of third-party advertisements.

This Privacy Policy applies solely and exclusively to this Site for use by U.S. residents 18 years of age or older.

Children's Policy

We care about protecting the online privacy of children. This Site is not directed at individuals under thirteen (13) years of age, and Santhera does not intend to collect any personally identifiable information from such individuals (including, but not limited to, a child’s name or e-mail address), unless otherwise stated at the time such information is collected.

If you think that we have collected personal information from a child under the age of 13, please e-mail us at takeabreathDMD@santhera.com. You may also send us a letter addressed to the following address by First Class Postage Prepaid U.S. Mail or overnight courier:

25 Corporate Drive, Suite 250
Burlington, MA 01803
USA

For Additional Information

If you have any questions about this Privacy Policy, or concerns about the practices of this Site, or your dealings with this Site or any privacy-related matter in general, please e-mail us at takeabreathDMD@santhera.com or contact us in writing at:

25 Corporate Drive, Suite 250
Burlington, MA 01803
USA
Phone +1 781 365 0301

8. Technical inaccuracies, typographical errors, and changes

This Site may contain technical inaccuracies and typographical errors. Santhera reserves the right to amend, correct, and/or improve any information, as well as any products described on this Site at any time without notice.

9. Disclaimer

Even though Santhera aims to provide accurate and up-to-date information on this Site at any time, you acknowledge that this Site is made available “as is”. Santhera does not give any warranty or representation, whether expressly or implied, of any kind related to the content of this Site (including, without limitation, text, graphics, and links). Moreover, Santhera takes no responsibility or liability whatsoever related in any way to your use of this Site and its content. Santhera takes no liability for the accuracy, adequacy, completeness, comprehensiveness, usefulness, reliability, or timeliness of the content of this Site. Santhera does not give any warranty, whether expressly or implied, that the functions contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Santhera reserves the right to interrupt or discontinue any or all of the functionalities of the Site, and takes no liability whatsoever for any interruption or discontinuance of any or all of the functionalities of this Site.

As some jurisdictions do not allow the exclusion of implied warranties, some of the above-mentioned exclusions may not apply to you.

10. Information provided on Santhera products

Information provided on this Site about Santhera's products is not intended to be a substitute for qualified medical advice. If you are a patient or caregiver, please contact and notify your physician or medical provider if you are in need of medical advice. Santhera will respond to your physician’s or medical provider’s query.

11. Forward-looking statement

Some of the statements on this Site are forward-looking. Such statements are by nature subject to certain risks, uncertainties, and other factors that may affect actual results, performance, or achievements of Santhera and its affiliates to be considerably different from those expected or anticipated in the forward-looking statements. Forward-looking statements are based on Santhera’s current expectations and assumptions, which may be influenced by a number of factors. These factors include any failure or delay in Santhera’s ability to develop new products, any failure to receive anticipated regulatory approvals, any problems in commercializing current products due to competition, or other factors and government regulations limiting Santhera’s ability to sell its products. Please note that Santhera takes no liability to update the forward-looking statements contained in this Site to reflect any events or circumstances occurring after the date of content updates to the Site.

12. Applicable law and venue

The law of the Commonwealth of Massachusetts shall govern these terms and conditions, without reference to its choice of law rules. Santhera makes no representation that the information on this Site is appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. Nothing herein should be considered a solicitation or promotion for any product or indication for any product that is not permitted by U.S. laws or regulations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.