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Privacy Policy
Effective: June 30, 2021

  1. Privacy Policy Scope

    This Privacy Policy describes the types of personal information 9 Meters Biopharma, Inc. (“COMPANY,” “us,” “we” or “our”) collects through www.9meters.com (the “Site”), and how we collect, use and share that information. This Privacy Policy applies to only information collected through the Site. It does not govern our collection of personal information through any other website or other offline means. Our processing of personal data, such as your name, address, e-mail address, or telephone number, shall be undertaken consistent with the requirements of applicable privacy laws.  The purpose of this Privacy Policy is to provide to users and potential users of our website information about the nature, scope, and purpose of the personal data we collect, use and process and to advise data subjects of their rights.

  2. Personal Information We Collect

    1. Information You Give Us

      You may be asked to provide personal information to submit or request information from us, or to use the services offered through this Site. This information may include:

      • Subscription Information: When you sign up or subscribe through the Site, you are required to provide your email address. In addition, you may be asked to provide optional information, including your name, address, age, and information required to assess eligibility for participating in clinical trials, such as medical information collected from pre-screener questionnaires.
      • Contacting Us: When you contact us, such as using our “Careers” inquiry web form, we ask for information such as you name, contact information, and the details of your inquiry.
      • Additional Information: Any additional information that you provide to us, including through feedback, uploaded pictures, messages, emails, posts to public discussion boards, event registrations or answers to surveys or questionnaires that you may submit.
      • Location Information: In order to access and use certain areas or features of the Site, we may receive and use your physical location information if you access the Site on a location-enabled device (including GPS, cellular, and Wi-Fi networks).

    2. Automated Information Collection

      In order to access and enhance your use of certain areas or features of the Site, we “passively collect” information including, but not limited to, the domain name of the website that allowed you to navigate to the Site, search engines used, the internet protocol (IP) address used, the length of time spent on the Site, the pages you looked at on the Site, other webpages you visited before and after visiting the Site, the type of internet browser you have, the frequency of your visits to the Site, and other relevant statistics, including the following:

      Log Information. When you access the Site, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, name of your internet service provider or your mobile carrier, and one or more cookies (small text files containing a string of characters) that may uniquely identify your browser. Our servers also automatically record what you click on while visiting the Site.

      Location Information. When you access the Site, your location data is automatically passed to us from location-enabled devices that you have enabled, from your browser, or from third-party services.
      Links. The Site may include links in a format that enables us to keep track of the IP addresses from which these links have been followed. We collect and use this information to improve the quality of our Site, product(s) and COMPANY business operations.

      URLs. When you access the Site, we automatically collect the URL of the site from which you came and links you click on to leave the site.

      Cookies. We use of one or more cookies (small text files containing a string of characters) to your computer that uniquely identifies your browser. We use cookies to improve the quality of the Site by storing user preferences tracking user trends and providing personalized content and ads. Most web browsers accept cookies automatically but can be configured not to do so or to notify the user when a cookie is being sent. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. Please note that if you disable cookies, you may not be able to use some customized features available through the Site. For more information on our Cookie Policy, including an opt-out, please contact us at policy@9meters.com.

      Web Beacons. Our Site may contain electronic images known as web beacons (also called single-pixel gifs and transparent graphic images) that we use to help deliver cookies on our sites, count users who have visited those sites, deliver services, and analyze the effectiveness of our promotional campaigns, for example. We may also include web beacons in our marketing email messages or newsletters to determine whether an email is opened or if links are clicked. We use these web beacons to facilitate Site administration and navigation, to track the actions of users of the Site, to compile aggregate statistics about Site usage and response rates, and to provide an enhanced online experience for visitors to the Site.

      Aggregate Information. We may compile certain personal information and other information collected through the Site on an aggregate basis. This information may include, without limitation, the number of people who have visited the Site and other user demographics. Such aggregate information does not identify you individually.

  3. How We Use Personal Information

    Personal information collected through the Site may be used by us and our affiliates for purposes of:

    • Responding to your questions and feedback;
    • Providing the services you select through this Site;
    • Contacting you whether by email, postal mail, or telephone with information about this Site, our products or our services;
    • For such purposes as you may authorize at the time you submit the information;
    • Auditing, research and analysis to maintain, protect and improve this Site and our services;
    • Ensuring the technical functions of our network;
    • Improving and customizing the content and layout of the Site;
    • Developing new products and services; or
    • Compiling personal information and other information collected through the Site on an aggregate basis.

  4. Disclosure of Your Personal Information

    We do not sell, rent, trade, or otherwise share personal information collected through the Site, except for the following recipients and reasons described below:
    • In Connection with our Offerings. The Site involves the sharing of certain personal information collected through the Site with (i) other users of the Site, and (ii) as you otherwise provide your consent. Information, including certain metadata related to such activities (such as timestamps), which you upload, post, e-mail, submit, or otherwise transmit in connection with the Site to any public area of the Site, such as a public message board or chat area is made public to users of the Site. You are solely responsible for any such information you choose to post on or through the Site. All information that is posted to a message board, chat area, or other public area of the Site may be shared by us with (i) other users of the Site, and (ii) as you otherwise provide your consent. Please be aware that anything you share publicly may be further shared by other users of the Site (for example, by emailing a screenshot of your post to non-users). We are not responsible for any such sharing of information you have shared publicly on the Site.
    • Subsidiaries and Affiliates. We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.
    • Service Providers. We work with third parties that provide services on our behalf. Such services may include website hosting, marketing, and website usage analytics. We may share personal information and non-personal information with these third parties for the purpose of enabling them to provide these services.
    • Consent. We may share personal information in accordance with any consent you provide.
    • Required by Law. We may disclose personal information, or any information collected through this Site in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity.
    • Certain Transactions. We may disclose or transfer personal information, or any information collected through this Site to third parties who acquire all or a portion of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us. Internet- Based and Interest-Based Advertising. We may participate in Internet-based and interest-based advertising. This means that you may see advertising on the Site tailored to how you engage or browse, or you may see advertising for us on other websites, applications and social media based on your behavior across websites, applications and social media. We may target ads based on data we have collected, or data provided by third parties alone or in combination with the data we collect ourselves. If you choose to interact with specific third parties who advertise through the Site, the information you provide to them is subject to the conditions of their specific privacy policies.
  5. Aggregate Information

    We may compile de-identified personal information and other information collected through the Site on an aggregate basis. This information may include, without limitation, the number of users who have registered for the Site and demographic information about users of the Site. Such aggregate information does not identify you individually. We may use aggregate information and share aggregate information with third parties for any of the purposes specified in this Privacy Policy and for any other lawful purpose.

  6. Your Choices

    1. Information You Provide

      You can always choose whether to provide information on the Site. However, if you choose not to disclose certain information, you may not be able to register as a user of the Site, which may limit your access to certain portions of the Site.

    2. Communications from Us

      If at any time you decide that you no longer wish to receive notices from us regarding the Site, you may indicate this preference by contacting us at policy@9meters.com.

    3. Changing Your Information

      If you would like to update or access your information, please contact us at policy@9meters.com.

  7. Additional Information for Residents of the EEA, Switzerland, and the UK

    This section applies only to personal information we receive from the European Economic Area (“EEA”), Switzerland, and the United Kingdom (“UK”).

    1. GDPR Specific Rights for Applicable Users

      To the extent we act as a “controller” subject to GDPR, we will process personal data only with a valid legal basis, such as a legitimate business interest or your consent. You may have, unless subject to an exemption under the GDPR, the following rights with respect to your personal data:

      • The right to request a copy of your personal data which the COMPANY holds about you;
      • The right to request that the COMPANY correct any personal data if it is found to be inaccurate or out of date;
      • The right to request your personal data be erased where it is no longer necessary for COMPANY to retain such data;
      • The right to withdraw your consent to the processing at any time of personal data to which the lawful basis for processing that personal data is your consent;
      • The right to request that COMPANY provide you with a copy of your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability);
      • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction be placed on further processing; and
      • The right to object to the processing of personal data (where applicable).

      To the extent we act as a “controller” subject to GDPR, we will process personal data only with a valid legal basis, such as a legitimate business interest or your consent. You may have, unless subject to an exemption under the GDPR, the following rights with respect to your personal data:

      In order to facilitate the handling of complaints, individuals in the EU can choose to contact their national DPA or use the form located at this link:

      http://ec.europa.eu/newsroom/document.cfm?doc_id=42962

      Individuals in Switzerland can contact the Swiss FDPIC by visiting:

      https://www.edoeb.admin.ch/edoeb/de/home.html

      We may not be able to accommodate all requests, such as when we only act as a “processor” with respect to personal information we collect or receive on behalf of a data controller in connection with the services we provide or when we believe the change would violate any law or legal requirement or cause the information to be incorrect. When we collect information under the direction of, and receive information from, a data controller, we may have no direct relationship with the individuals whose personal information we process under these circumstances.

    2. Transfer of Data Abroad

      If your personal data is subject to the GDPR, COMPANY will transfer personal data from the European Economic Area (EEA) to a location outside the EEA only when there has been a documented adequacy determination, or where COMPANY has confirmed adequate privacy protections. If COMPANY transfers personal data to a third party acting as an agent of COMPANY, we will also obligate the third party to have adequate privacy protections in place.

      COMPANY may transfer personal data to and on behalf of clients and third parties with whom COMPANY has an existing service agreement or as part of our legal obligations, each of which shall be subject to COMPANY policies, and only to the extent necessary for purposes of legitimate interests pursued by the data controller (or by a third party).

    3. Automated Decision Making

      Under the GDPR, data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. We do not engage in automated decision making.

    4. Further processing

      If we wish to use your personal data for a new purpose, not covered by this Privacy Policy, in accordance with our obligations under the GDPR, we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes, processing conditions, and the lawful basis for such processing. Where and whenever necessary, we will seek your prior consent to the new processing.

  8. Information Storage & Security

    We employ reasonable security precautions to help protect against the loss, misuse, and alteration of personal information provided on or through the Site. However, no method of transmitting or storing data is completely secure. As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Site. If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with the last section below.

  9. External Links

    The Site may contain links to various websites that we do not control. When you click on one of these links, you will no longer be transacting business through the Site. Third party websites maintain their own privacy policies, and we do not exercise any control over any of the third-party websites that may be linked to the Site. If you visit a website that is linked to the Site, you should consult that website’s privacy policy before providing any personal information. Please be aware that we are not responsible for the privacy practices of such other websites, and we are not liable for their misuse of personal information about you.

  10. Special Admonitions for International Use

    The Site is hosted in Connecticut, U.S.A. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America.

  11. Updates to This Policy

    We may change or update the Site or any of our policies and procedures without prior notice, except that if any changes are likely to have an adverse impact on your rights under data protection law, we will use reasonable efforts to notify you of the changes in advance in writing or by post mail, and, where required, obtain your consent to our activities. We will post a notice on this Site to advise you of any significant changes to this Privacy Policy and indicate via the “Last Updated” legend in this Privacy Policy when it was most recently updated.

  12. Questions Regarding This Privacy Policy

    If you have any questions or comments regarding this Privacy Policy, please email us at policy@9meters.com. If your personal data is subject to the GDPR, the data controller for the purposes of GDPR or other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

    9 Meters Biopharma, Inc.
    8480 Honeycutt Road, Suite 120
    Raleigh, NC 27615
    Email: policy@9meters.com

    Any data subject may, at any time, contact us directly with any questions and suggestions concerning data protection. In the event of a privacy related issue or complaint, we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of the data subject’s personal data.

    For complaints that cannot be resolved, if your personal data is subject to the GDPR, we commit to cooperating with the panel established by the EU data protection authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner (FDPIC), as applicable, and comply with the advice given by the DPAs or FDPIC about personal data transferred from the EU or Switzerland.

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