Edge Pharmaceuticals, LLC

PRIVACY POLICY

Welcome to https://edgepharma.com and https://allergy.edgepharma.com (individually, a “Site”), websites provided by Edge Pharmaceuticals, LLC, a Florida limited liability company, (“Edge”). Edge respects your privacy, and this policy covers Edge’s handling, use, and disclosure of information collected from you through a Site or other sources in the ordinary course of Edge’s business.

1. Acceptance

You should review this policy carefully, and be sure you understand it, prior to using a Site or otherwise providing any information to Edge. Your use of a Site, providing any information to Edge or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, each Site and not otherwise provide any information to Edge. For purposes of this Section, accessing a Site only to review this policy is not deemed to be use of such Site.

2. Information

In this policy:

(a) “Analytical Information” means all Non-Personal Information obtained through the use of cookies (or other tracking technologies) and server log files (including, but not limited to, (i) your search terms, (ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system, and (iii) whether or not you opened e-mail messages and other electronic communications from Edge, and if you did, the times they were opened);

(b) “California Information” means all Personal Information that relates to residents of California and that is covered by the California Consumer Privacy Act or the California Online Privacy Protection Act (collectively, the “California Laws”);

(c) “Collected Information” means all (i) Personal Information and (ii) Non-Personal Information;

(d) “Non-Personal Information” means all information collected by Edge, whether electronically or manually, through (i) a Site, (ii) e-mail messages and other electronic communications that you may send to Edge, and (iii) other sources in the ordinary course of Edge’s business, that is not Personal Information (including, but not limited to, any Analytical Information); and

(e) “Personal Information” means all information collected by Edge, whether electronically or manually, through (i) a Site, (ii) e-mail messages and other electronic communications that you may send to Edge, and (iii) other sources in the ordinary course of Edge’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, government and professional licensing information, e-mail address, physical address, phone number, bank account and credit card information, and human resource data relating to employees and independent contractors of Edge).

3. Collection

Except for any Collected Information obtained automatically through a Site as set forth in this policy, no Collected Information is obtained from you, unless it is voluntarily provided. For example, Edge will obtain Collected Information from customers who place product orders on a Site or who sign up for an account to place such orders. Regardless of the method used to obtain Collected Information, Edge will only collect and retain Personal Information in a manner that is consistent with the purposes for which it is provided and Edge’s other legitimate business purposes (including, but not limited to, marketing). You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing Edge with any information (including, but not limited to, any information relating to a third party). Upon your written request, Edge will enter into a business associate agreement with you, in form and substance acceptable to Edge, should you provide Edge with any personal health information under the Health Insurance Portability and Accountability Act. Edge will have no liability in connection with your providing Edge with any information without you having first obtained the requisite approvals, authorizations, consents, permissions, permits, or having entered into a business associate agreement with Edge. The categories of California Information collected by Edge are set forth in Edge’s California Privacy Disclosures and are accessible as set forth in Section 13.

4. Choice

You may refuse to provide any information to Edge at any time by terminating your use of a Site, or in all other cases not involving use of a Site, by notifying Edge as set forth in Section 20. If you refuse to provide any information when requested to do so by Edge or a Site, you may not be able to access, or otherwise receive the benefits of, certain products and services from Edge or features of such Site.

5. Electronic Communications

Whether or not you have previously sent Edge an e-mail message, you consent to Edge’s sending you e-mail messages and other electronic communications (a) in connection with your use of a Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Edge endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Edge as set forth in Section 20 or by following the directions contained in such e-mail messages or other electronic communications. Any request to unsubscribe to e-mail or other electronic communications will likely be effective within 48 hours after your request is received by Edge.

6. Analytical Information

When you access a Site, Edge will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing cookies, you may not be able to receive the benefits of certain features of a Site.

Analytical Information will only be used by Edge (a) to record your use of a Site, (b) to diagnose problems with a Site, (c) to improve a Site and make it more useful to you and other users, and (d) for other legitimate business purposes of Edge (including, but not limited to, marketing). Edge will collect Analytical Information either directly or through third parties acting on its behalf.

7. Security

Except as provided in the immediately following sentence, Edge will use commercially reasonable efforts to protect Personal Information from loss, misuse, unauthorized access, alteration, destruction, and disclosure. Certain Personal Information posted by you on a Site may be accessible to the general public, and Edge is not responsible for protecting such Personal Information from loss, misuse, unauthorized access, alteration, destruction, or disclosure. For example, if you participate in a public forum on a Site, any information disclosed by you when doing so may be available to the general public. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused or accessed, altered, destroyed, or disclosed without authorization, even if Edge uses such reasonable efforts. In providing information to Edge, you assume the risk that Collected Information could be lost, misused or accessed, altered, destroyed, or disclosed without authorization.

8. Use

All Collected Information may be used by Edge for any legitimate purpose, including, but not limited to, the purposes for which it was collected, as well as any other legitimate business purpose (including, but not limited to, marketing). If Edge expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Edge will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose. The purposes for which California Information is collected by Edge are set forth in Edge’s California Privacy Disclosures and are accessible as set forth in Section 13.

9. Transfer/Sharing

Any Collected Information obtained by Edge, whether or not for a specific purpose, may be transferred to third parties designated by Edge (including, but not limited to, any affiliates, distributors, sub-contractors, or vendors of Edge engaged by Edge to perform administrative and technological functions) for any purposes for which Edge could use such Collected Information. If Collected Information is so transferred, Edge will be responsible for such third parties’ compliance with Edge’s obligations pursuant to this policy.

Edge may also at any time, in its sole discretion, transfer any Collected Information (including, but not limited to, a computer’s Internet protocol address), whether or not you furnished such Collected Information for a specific purpose, to (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying, among others, national security or law enforcement requirements, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity, or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of Edge or a third party, or (d) transfer such Collected Information to a third party acquiring all, or substantially all, of Edge’s assets. If Collected Information is so transferred, Edge will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.

The categories of third parties with whom we share California Information are set forth in Edge’s California Privacy Disclosures and are accessible as set forth in Section 13.

10. Third-Party Sites

A Site may contain links to, or be accessible from, websites provided by third parties (individually, a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This policy does not cover the privacy policies or practices of any Third-Party Site, and Edge is not responsible for any information you submit to, or that is otherwise collected by, any Third-Party Site. Edge is only responsible for Collected Information obtained by it (a) through your authorized use of a Site or (b) from other sources in the ordinary course of its business. You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.

11. Children

No Site is intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such child has been submitted to Edge without the parent’s or guardian’s consent, Edge will use commercially reasonable efforts to remove such information from such Site and Edge’s servers at the parent’s or guardian’s request. To request the removal of such Personal Information, the parent or guardian must contact Edge as set forth in Section 20, and provide all information requested by Edge to assist it in identifying the Personal Information to be removed.

12. Mandatory Actions

Upon your sending a request to Edge as set forth in Section 20, to the extent required by any applicable law, Edge will disclose, delete, or take any other action with respect to any Personal Information.

13. California Residents

Edge does not sell any California Information. A resident of California may request (a “California Request”) pursuant to the California Laws, among other things, that Edge:

(a) Disclose to such resident:

(i) The categories of California Information relating to such resident that are collected by Edge;
(ii) The categories of sources from whom or which California Information relating to such resident is collected by Edge;
(iii) The purposes for Edge’s collecting California Information relating to such resident;
(iv) The categories of third parties to whom or which Edge transfers California Information relating to such resident;
(v) The specific pieces of California Information relating to such resident collected by Edge; and
(vi) If California Information is disclosed for a business purpose to a third party, the categories of such California Information relating to such resident that are disclosed for a business purpose, and the categories of third parties to whom or which such California Information are disclosed for a business purpose; and

(b) Except in certain circumstances, delete California Information of such resident.

A California Request (a) can only be made twice in a 12-month period, (b) will require the collection of certain information by Edge to verify the identity of such resident, and (c) must be submitted to Edge as set forth in Section 20. Edge will respond to any such request within 45 days after receiving such information.

The California Laws require certain additional disclosures that can be found at this link: California Privacy Disclosures. Edge will not discriminate against a resident of California for exercising any right of such resident under the California Laws, except as permitted under the California Laws.

14. Applicable Law

This policy shall be governed by, and construed and interpreted in accordance with, (a) in the case of California Information, and solely to the extent required by the California Laws, the California Laws, (b) any other applicable privacy law solely to the extent required by such law, and (c) in all other cases, the laws of the state of New York, without regard to its principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.

15. Complaints

Any complaint by you regarding any Collected Information, or otherwise relating to this policy, must first be submitted to Edge as set forth in Section 20, and Edge must be given a reasonable opportunity of not less than 45 days to investigate and respond to your complaint. Upon Edge’s completing such investigation and so responding, Edge and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 45 days, you may commence litigation against Edge in connection with the unresolved portion of your complaint only in a court located in Onondaga County, New York, and having subject matter jurisdiction over your complaint. You consent to any such court’s being a proper venue for your complaint, and waive any objection thereto based on inconvenience.

16. Entire Agreement

Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Edge, with respect to Collected Information. If you use a Site or otherwise have business dealings with Edge, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.

17. Severability

Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.

18. Revisions

Edge may revise any provision of this policy from time to time by posting the revised provision on each Site so long as such revision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Edge after such posting. It is your responsibility to periodically check this policy on any Site for revisions to this policy. The latest version of this policy will always be the one posted on a Site.

19. Expenses

Except as provided in this policy, or any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.

20. Contact Information

If you (a) desire to make a California Request, or (b) have any questions or complaints, desire additional information, or need to notify Edge of anything, regarding this policy, please promptly contact Edge using one of the methods set forth below:

Regular mail to:

Edge Pharmaceuticals, LLC
Attn: Legal Department
856 Hercules Drive
Colchester, Vermont 05446;

E-mail to: legal@edgepharma.com; or

Toll-free phone no.: 1-844-589-1931.

Effective Date: July 27, 2020