I. Information We Collect
We may have access to the following categories of information regarding you and your visit to our website. Only some of these categories of information identify you directly, but each category offers some information about your interests and activities that could be used to make inferences about you. The next section of this Statement describes how Antares Pharma, Inc. (“Antares”) uses the information we collect.
Information That You Voluntarily Provide
Site Registration. We have constructed this website so that you may visit the site and review information about the services/products we offer without revealing your identity or volunteering any personally identifying information. If you register to use the website’s features and services, either as a consumer or a health care professional, we will collect “personally identifying information” from you. Personally identifying information includes information, such as name, address, telephone number, and e mail address. When this information is combined with any information on health or medical status (pursuant to all applicable laws), we refer to the resulting information as “health-related personal information.”
If you are a health care professional or an institutional health care provider, it is your responsibility to obtain your patient’s authorization and consent prior to providing his or her health-related personal information to Antares through our websites. By submitting any such information, you represent and warrant that you have obtained your patient’s authorization to do so.
- Interactive Services. If you choose to participate in our interactive services, such as questionnaires and surveys, you may disclose health-related information as well as personal facts that could be used to identify you or your family members. Providers who use our benchmarking services and quality of care assessments may choose to disclose facts about their practice and patients that include extremely sensitive, personal data.
- Correspondence with Antares. You may use our site to ask questions or report problems regarding our products and/or services to health care professionals hired by Antares to address consumers’ and health care professionals’ questions regarding use of our products and/or services. If you communicate with or request information from Antares personnel, they will have your e-mail address as well as whatever health-related and/or personal facts you choose to include in your e-mail. If you are reporting a product experience, we may ask you for specific facts, including patient initials, age gender, and prescribing physician. U.S. regulations require us to collect patient-identifiable information in order to file reports with the U.S. Food and Drug Administration regarding the safety of our products.
Information That Is Routinely Collected By Our Site Technology:
- IP Address. We record the Internet Protocol (“IP”) address of your computer when you visit our site. Without more, the IP address does not identify you personally, but it is what allows us to maintain communications with your computer as you move about our site.
- Cookies and Other Technologies. We also collect information about your use of our site through technology such as cookies and web beacons. A “web beacon” is a piece of code on our site that enables us to monitor things like user activity and site traffic. A “cookie” is a unique numeric code that we transfer to your computer so that we can keep track of your interests and preferences and recognize you as a return visitor to our site. Cookie technology allows us to collect “clickstream” data, which is not personally identifying information, but which reflects your activities on the site, including your interest in certain health care conditions. A cookie does not collect or keep your name or other personal identifying information, but when you revisit our site the cookie allows us to bring you the content and features likely to be of greatest interest to you based on your previous activities on our site.
- Third-Party Advertising. We use third-party advertising companies to serve ads on other websites. These companies may use information (not including your name, e-mail, address, or telephone number) obtained from cookies and web beacons about your visits to this site and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
II. How We Use Your Information
Whether you are a consumer or a health care professional, we use the information about your use of the services and activities on our website to monitor user traffic patterns and try to analyze what our users prefer so that we can design better services. The personally identifying information and health-related information that you provide may be used to create customized offers, information, and services tailored to your interests and preferences.
Personally Identifying Information. You do not have to register to use certain information and services available for consumers on our website. If you choose to register, we may use the personally identifying information you give us to send you an e-mail confirming your registration with our site and to respond to questions from you. Upon your request, we may also, from time-to-time, send you e-mail with special promotions or newsletters with information that we think may be of interest to you.
Health-Related Information. If you choose to participate in our interactive services, we will collect the information you choose to disclose and analyze it to discover new facts that could help us better understand how our products are used in coping with the diseases for which they are marketed.
We may offer interactive services such as health questionnaires and care management tools that ask you to furnish health-related information about you, your family members, or, if you are a health care provider, your patients. The information you disclose and provide in interactive services may be linked (pursuant to all applicable laws) with the personally identifying information you may choose to provide elsewhere on our site and together this may provide us with personally identifying information about your health and health care. We may combine your health-related information with that from other site users to create summary data that we will use for our business purposes, including research to improve our products and analyses that may help us better market our products.
If you submit health-related personal information through our website to participate in a clinical trial, we may use that information to assess whether you qualify for enrollment in the trial, to contact you about potential participation in the trial, and to provide you with additional information about the trial. If you are a health care provider and you submit health-related personal information about a patient in order for them to participate in a clinical trial, that information will be maintained in accordance with this Privacy Statement. If we determine that your patient is eligible for the trial, we will use the information you submit to contact you about your patient’s potential participation in the trial and to provide you with additional information.
Product Reports. If you contact Antares regarding your experience in using one of our products, we may use the information you provide in submitting reports to the U.S. Food and Drug Administration, and as otherwise required of us by law. We also may use the information to contact the prescribing physician to follow up regarding an unexpected event involving use of our product.
IP Address. In addition to using the IP address of your computer to maintain communications with your computer as you move about our site, we also may use your IP address to personalize content provided on the website. We retain IP addresses, and we retain them together with personally identifying information.
Law Enforcement. In certain limited circumstances, Antares may be called upon to release your personal information in response to a court order, subpoena, search warrant, law, or regulation. We plan to cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the personally identifiable information or health-related personal information that the requester may receive. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behavior that is illegal or harmful to other websites or their property.
III. Our Relationship To Third Parties
We may use third parties to provide services and information on our site and we may provide some co-branded services in partnership with others. We also may use third parties to analyze data collected on our site. We will not disclose your personally identifying information or health-related personal information to anyone other than Antares employees and those third parties with whom we have a business relationship. If we allow a third party contractor to have access to your personally identifying information or health-related personal information, we will not authorize them to take it or use it for any purpose that is not consistent with this Privacy Statement.
We pledge that we will not sell or disclose any personally identifying information or health-related personal information you provide on our site to an unrelated third party without your express permission, except as explained in this Privacy Statement.
- Vendors and Suppliers. We have relationships with different vendors and suppliers who help us design and maintain our systems and our computer security, respond to e-mail and customer inquiries, analyze our data and create special promotions. We will not authorize our vendors and suppliers to use your personally identifiable information for any purpose not related to Antares’s business operation.
- Co-branded Sites. We will partner with other companies to provide you with content or services on a joint or “co-branded” basis. At a co-branded site you will see both the Antares logo and the logo of the co-branded partner displayed on your screen. To access the services available on a co-branded site you may have to complete a new on-line registration form, and this registration information may be shared with Antares’s co-branded partners. You should read the individual privacy policies of our co-branded partners, as these may differ in some respects from ours. Reading these policies will help you to make an informed decision about whether to provide your information to a given site. Remember, you may always opt-out of sharing your information with a partner site by choosing not to use the service or content provided by the co-branded site.
Other Important Information About Our Relationship With Third Parties
- Advertisers. We do not permit advertisers to display their advertisements at our site.
- Disclosure to Subsequent Owner or Operator. If all or part of Antares is sold or merged into another entity, the information we have about you may be transferred to a third party as part of that transaction. We will try to assure that no personally identifiable information that is transferred will be used or shared in a manner inconsistent with this Statement without your consent. However, in the event of a sale or merger, your continued use of this site signifies your agreement to be bound by the privacy statement and other applicable terms of the subsequent owner or operator.
IV. Our Children’s Policy
Antares’s website content and services are intended for users over the age of 13. Our site is not designed to attract child users. If we learn that an under-13 user has volunteered personal or health-related information on our site, or that a provider has volunteered information about a patient who is identified as younger than 13, we will delete such information from our active databases in accordance with our deletion policy, which is described in the section below on Your Privacy Choices.
V. Your Privacy Choices
When you access any interactive tool or service on an Antares website, you will be asked to affirmatively choose (“opt-in”) to provide the requested information. You may always choose not to provide the requested information.
Receive E-mail. When you register with our site, you will be given the option of requesting to receive e-mail with information we think you might find useful, including promotions, announcements of new services and products, and newsletters on particular health topics.
Accept Cookies. Your browser software can be set to reject all cookies, but if you reject our cookies, certain aspects of the functions and conveniences of our site may not work properly. Cookies and similar technologies are how we ensure that we can promptly retrieve and deliver the information to you when you use our site.
Deletion Practices. The information that you provide Antares is stored in servers that are operated and maintained by Antares and third parties under contract with Antares. Website users should be aware that it is not technologically possible to remove from our servers each and every record of the information you have provided to Antares. The need to back-up our systems to protect information from inadvertent loss means that a copy of information about you or your health-related interests may exist in non-erasable forms that will be difficult or impossible for us to locate. Nevertheless, we promise that upon receiving your request, Antares will delete all personal and/or health-related personal information stored in the databases Antares actively uses for research and daily business activities, or otherwise stored in readily searchable media. In addition, we will use commercially reasonable efforts not to disclose any personal information stored in a non-erasable format after receiving your request for removal, except as required by law.
Please be aware that Antares may not comply with a consumer’s request to amend or remove information that was provided to Antares by a health care professional or a consumer regarding an adverse drug event.
Communicate With Antares By E-mail. At our website, consumers and providers may communicate with our staff to learn more about our products and services. We also offer interactive tools that enable consumers and health care professionals to submit customized e-mail requests for information about diseases and therapies. Please be aware of the limits on the confidentiality of these e-mail communications. We will not disclose personally identifiable information that we receive in e-mail, but all e-mail transmissions are vulnerable to unauthorized interception. In addition, we remind you that e-mail sent or received through an employer’s computer or computer system is not confidential and may be the legal property of the employer.
VI. Our Security Measures
We want your and your patient’s, if you are a health care professional, personal information to remain as secure as reasonably possible. Our success at improving our products and services depends upon your or your patients’ willingness to share information about patient health and health care with Antares.
Data Security. We use encryption practices to help insure the integrity and privacy of some of the personal and health-related personal information you provide to us. All personal and/or health-related personal information is kept physically behind firewalls that prevent intruders from gaining access. As an added security precaution, we deploy various methods of protection such as host intrusion prevention and detection systems to maintain the integrity and confidentiality of data. Although we will make reasonable efforts to protect personal and/or health-related personal information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk that an unauthorized third party could intercept an Internet transmission, or that someone will find a way to thwart our security systems.
VII. Changes In Our Privacy Statement
We will only use personal information in the manner described in the Privacy Statement in effect when the information was collected from you. However, we reserve the right to change the terms of this Privacy Statement at any time by posting revisions to our site. If at any point, we decide to use personally identifiable information or health-related personal information in a manner different from that stated at the time it was collected, you will be given a choice to allow or disallow any additional uses or disclosures of your personally identifiable information or health-related personal information.
Antares may at any time revise or modify this Agreement or impose new conditions for use of this website. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the website or by e-mail. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. Antares may modify its services at any time.
THIS WEBSITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE.
The content on this website is intended to be a general information resource in regard to the subject matter covered, and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional health care provider. Antares is not engaged in rendering medical or similar professional services or advice via this website, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional health care provider. You should not construe Antares’s publication of this content as an endorsement by Antares of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.
Scope of Use
Antares invites you to view, use and download a single copy of this website for your informational, personal, non-commercial use. Except as otherwise provided on this page, no part of any content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Antares. You understand that Antares may discontinue, change, or restrict your use of this website for any reason without notice.
This website is for use by U.S. residents only. By using this website, you represent that you are at least eighteen (18) years old and a United States resident.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. ANTARES MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. ANTARES MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability
YOUR USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. ANTARES SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF ANTARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
If you violate any terms of this Agreement or if you misuse this website, you agree to defend, indemnify and hold harmless Antares, its officers, directors, employees, agents and licensees from any and all liability including, without limitation, costs, expenses and attorneys’ fees that arise out of or are related to your violation or misuse.
Certain areas of this website enable you to submit e-mails, or otherwise provide feedback or information to Antares.
You agree that by submitting content:
- that, if you are a health care professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
- you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer;
- you understand and agree that such content that is submitted to a feedback page, will be deemed non-confidential; and
- you grant to Antares the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with this User Agreement, and waive any moral rights you may have in such content. Subject to all applicable federal laws, Antares shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this website are registered and unregistered Trademarks of Antares and others. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Unauthorized use of any Trademark may be a violation of federal and state trademark laws.
This website is protected by United States’ and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the website, or individual sections of the design or layout of the website or Antares logos without Antares’s written permission.
Information, News and Press Releases
The website may contain information, news and/or press releases about Antares. While this information was believed to be accurate as of the date it was prepared, Antares disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than Antares contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Antares.
This Antares website may contain links to websites operated by other parties. The linked sites are not under the control of Antares, and Antares is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply Antares’s endorsement of material on any other site and Antares disclaims all liability with regard to your access to such linked websites. Antares provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk.
Unless otherwise set forth in a written agreement between you and Antares, you must adhere to Antares’s linking policy as follows: (i) any link to an Antares website must be a text only link clearly marked “Antares WEBSITE,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Antares’s names and trademarks, (iii) the link must “point” to the root domain name of the Antares website and not to other pages within the website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Antares, (v) when selected by a user, the link must display the website on full-screen and not within a “frame” on the linking website, and (vi) Antares reserves the right to revoke its consent to the link at any time and in its sole discretion.
This website may require you to register or obtain a password prior to permitting access to the website or certain services available on this site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you.
Location, Governing Law and Arbitration
This website is operated by Antares. The law of the State of Delaware shall govern these terms and conditions, without reference to its choice of law rules. Antares makes no representation that the information in the website is appropriate or available for use in other locations, and access to this website from territories where the content of this website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any controversy or claim arising under or related to this User Agreement or Antares’s products and/or services shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Delaware, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or Antares may seek any interim or preliminary relief from a court of competent jurisdiction in the state of Delaware, necessary to protect the rights or property of you or Antares pending the completion of arbitration.
Violations and Additional Policies
Use of Information
Antares reserves the right, and you authorize Antares, to the use and assignment of all information regarding your use of this website and all information provided by you in any manner consistent with this User Agreement and applicable federal law.
This website may include statements concerning Antares’s operations, prospects, strategies, financial condition, future economic performance and demand for Antares’s products or services, as well as its intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on the website, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward looking statements. The website and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Antares’s securities-related filings or documents.