Privacy Policy

Last modified: April 27, 2024

Introduction

Avyxa Pharma LLC (“Avyxa,” Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the websites www.avyxa.com, and docivyx.com including the microsites linked to it, (our “Websites“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On these Websites.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Websites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using these Websites, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of these Websites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 18

Our Websites are not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Websites. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on these Websites or through any of its features.  If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@avyxa.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Websites, including information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information“);
  • We Collect Directly From You. We collect personal data you choose to provide, e.g., through registrations, enrollments, and in connection with your inquiries. For example, you may choose to provide your name, date of birth, gender, U.S. residency status, contact information, health, insurance and/or financial information in connection with a commercial copay assistance program or patient support program. Healthcare providers may choose to provide information relating to their specialties and professional affiliations.
  • About your internet connection, the equipment you use to access our Websites, and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the sites. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
  • From third parties, for example, our business partners.

If you submit any personal data relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Information You Provide to Us

The information we collect on or through our Websites may include:

  • Information that you provide by filling in forms on our Websites.
  • Records and copies of your correspondence (including email addresses), if you contact us.

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Websites, and the resources that you access and use on the Websites.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites. For information about managing your privacy and security settings for cookies, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Websites and its contents to you.
  • To operate our business.
  • To provide you with information, products, or services that you request from us.
  • To process, complete, and fulfill your requested enrollment into the patient support program.
  • To operate commercial copay assistance programs.
  • To provide customer service and respond to requests or inquiries.
  • To fulfill any other purpose for which you provide it.
  • To notify you about changes to our Websites or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose personal information that you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties (such as ConnectMed360, Beghou Consulting, and Paysign, Inc.) that we use to support our business and commercial copay assistance programs, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Websites users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use [INSERT AS LINK TO WEBSITE’S TERMS OF USE] and other applicable terms and conditions, agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

We do not “sell” or “share” for cross-contextual behavioral advertising (as those terms are defined under applicable local law) the categories of personal data described below. Instead, where we may use cookies for marketing purposes, for example, we do so at your instruction based on your permission to use cookies associated with this processing. Where you direct us to do so, we and certain third-party business partners, may collect health data when you visit or interact with our websites. We do not use or disclose sensitive personal data for purposes other than permitted under applicable local law.

Depending on the personal information you provide to us, we may use certain personal information about you to identify your past, present, or future physical or mental health status (“health data”). Examples of health data we might collect include:

  • Information about your health conditions, symptoms, status, diseases, diagnoses, testing, or treatments (including diagnoses, treatment start dates, previous and concurrent medical therapies, procedures, use or purchase of Avyxa medications);
  • Measurements of health characteristics;
  • Data that could identify you as an individual seeking health care services; and
  • Any inferences of the above categories of health data that we may infer or derive from non-health related information.

Categories of Personal Data That We Collect and Disclose

As may be required under applicable local law, the chart below provides the categories of personal data that we: (1) collect and have collected in the preceding 12 months; and (2) disclose for a business purpose and have disclosed for a business purpose in the preceding 12 months. For more information about how we disclose your personal data, refer to Disclosure of Your Information Section above.

 

Categories of Personal Data we Collect and Disclose Disclosed to Which Categories of Third Parties
A. NAME, CONTACT INFORMATION AND IDENTIFIERS: Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, user name, social security number, tax ID, driver’s license number, passport number, or other similar identifiers. Third Party service providers; professional advisors; health insurance administrators
B. CUSTOMER AND OTHER RECORDS: Paper and electronic customer records containing personal data, such as name, signature, physical characteristics or description, address, telephone number, driver’s license or state identification card number, insurance policy number, financial information, medical information, or health insurance information Third Party service providers; professional advisors; health insurance administrators
C. PROTECTED CLASSIFICATIONS: Characteristics of protected classifications under applicable state or federal law such as sex, gender, age, and residency status. Third Party service providers; professional advisors; health insurance administrators
D. USAGE DATA: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a resident’s interaction with an internet website. Third Party service providers; professional advisors
E. AUDIO/VISUAL: Audio, electronic, or similar information. Third Party service providers; professional advisors
F. SENSITIVE INFORMATION: as defined under applicable local law, such as certain characteristics of protected classifications, health information (including health data, as defined below), and financial information. Third Party service providers; professional advisors
G. PROFILES: Inferences drawn from any of the information identified above to create a profile about a resident reflecting the resident’s characteristics. Third Party service providers; professional advisors

 

Individual Rights

Subject to certain exceptions and depending on where you live, you may have the right to make the following requests, at no charge:

  • Copy: You may request, up to twice every 12 months, a copy of the specific pieces of personal data that we have collected, used or disclosed about you in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows you to transmit this information to another entity without hindrance.
  • Correct: You may request correction of your personal data that we have collected about you if it is inaccurate or incomplete.
  • Delete: You may request deletion of your personal data that we have collected about you.
  • Know: You may request that we provide you certain information about how we have handled your personal data, including the
    • categories of personal data collected;
    • categories of sources of personal data;
    • business and/or commercial purposes for collecting your personal data;
    • information about third parties/with whom we have disclosed or shared your personal data; and
    • categories of personal data that we have disclosed or shared with a third party for a business purpose.

You have the right to be free from unlawful discrimination for exercising your rights under applicable state law.

Submitting Requests. You may submit requests to delete, correct, access a copy and/or know personal data we have collected about you by calling 1-877-595-7337. You will be asked to provide certain personal information when submitting your request including your relationship with Avyxa, first and last name, email address, telephone number and postal address in order for us to determine if your information is in our systems.

We will further verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the personal information subject to the request. We may need to request additional personal information from you, such as your date of birth or government identifier, in order to protect against fraudulent or spoofed requests. If you want to make a request as an authorized agent on behalf of an individual under applicable local law, you may use the submission methods noted above. As part of our verification process, we may request that you provide us with proof that you have been authorized by the individual on whose behalf you are making the request under applicable local law, which may include signed permission provided by such individual.

Appeals. You may have a right to appeal a decision we make relating to requests to exercise your rights under applicable local law. To appeal a decision, please contact us at privacy@avyxa.com.

Please contact us according to the Contact Information Section below, if you have any questions regarding this Section.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page.  If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Websites home pages. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

privacy@avyxa.com