Website Privacy Policy

Effective July 26, 2023

SCYNEXIS, Inc. and its product license partners (“Company”) are committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our product websites, www.brexafemme.com and www.brexafemmehcp.com (collectively, the “Sites” or “Services”).

  1. Questions; Contacting Company; Reporting Violations. If you have any questions, concerns or complaints about our Privacy Policy or our data collection or processing practices, if you want to report any security violations to us, or if you want to exercise your rights herein, please contact us at the following email address and/or phone number:

    SCYNEXIS, Inc.
    info@scynexis.com
    1-888-982-SCYX (1-888-982-7299)
  1. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at info@scynexis.com.
  2. A Note to Users Outside of the United States. If you are a non-U.S. user of the Sites, by visiting the Sites and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in the Privacy Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you consent to such transfer.
  3. Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
    1. Information You Provide to Us.
      • We may collect Personal Data from you, such as your first and last name, e-mail address, zip code or city and state, professional title, and company name when you provide them.
      • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
      • When you sign up for our mailing list, we will collect your email address in order to send your periodic emails related to our Services.
      • We may also collect Personal Data at other points in our Sites that state that Personal Data is being collected.
      • Health information may also be collected if you choose to provide it in a webform you submit to us.
    2. Information Collected via Technology.
      • Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Sites, track users’ movements around the Sites, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.
      • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Sites. This type of information is collected to make the Sites more useful to you and to tailor the experience with us to meet your special interests and needs.
      • We may use Google Analytics, a third-party provider of analytics tools or a similar third-party service to analyze information about visits to our Sites. For information about opting out of Google Analytics please visit: https://tools.google.com/dlpage/gaoptout.
  4. Use of Your Personal Data
    1. General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
      • identify you as a user in our system;
      • provide improved administration of our Sites and Services;
      • provide the Services you request (e.g., e-mails alerts for Company press releases and/or SEC filings);
      • send you administrative e-mail notifications, such as security or support and maintenance advisories; and
      • respond to your inquiries related to employment opportunities or other requests.
    2. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
  5. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
    1. Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Sites; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the Company.
    2. Affiliates. We may share some or all of your Personal Data with other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
    3. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
    4. Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Sites or Services; and/ or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
  6. Your Choices Regarding Information. You have several choices regarding the use of information on our Service:
    1. Email Communications. If you have requested to receive communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly at info@scynexis.com. Despite your indicated e-mail preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or Privacy Policy.
    2. If, you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. Declining cookies may adversely affect some site features.
    3. In accordance with applicable laws for your state, you can opt out of processing of your personal information for targeted advertising by: clicking the “Your Privacy Choices” link at the bottom of relevant web pages or within relevant apps and then toggling off targeting cookies; or broadcasting the Global Privacy Control, which our license partner supports in certain jurisdictions to facilitate state opt-out rights. The Global Privacy Control is a browser-based setting that communicates your preferences to opt out of processing for targeted advertising to online services that you visit. Please visit the Global Privacy Control website to learn more about the setting and how to enable it for each participating browser system that you use. In addition, in accordance with applicable laws for your state, you may request to opt out of any non-cookie based (i.e., offline) sharing of their personal information for targeted advertising by submitting a request by contact at the information provided in Section 1 and requesting opt out. Please note that our license partner and its service providers may still use technologies for advertising and other purposes in accordance with applicable laws.
    4. Changing or Deleting Your Personal Data. Dependent on your state you may be entitled under applicable laws to request via the processes outlined in, “Questions; Contacting Company; Reporting Violations,” in Section 1 above:

      That our license partner provides you transparency about privacy practices, including copies of your personal information that we process, subject to some exception; provide portability of your information, subject to some exceptions; correct information that is inaccurate or incomplete, subject to some exceptions; delete your personal information, subject to some exceptions; and where allowed in your jurisdiction, the ability to opt out of the sale or sharing of your information.

      To make a request or to express a privacy concern, you or your authorized agent should use the contact direction above. To appeal a request that you feel was denied in error, please respond to the contact information provided in the response denying your request.

      We will 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. For your protection, and to protect the privacy of others, we may need to verify your identity before completing what you have asked us to do. We may need to request additional personal information from you, such as your home address, email address and government issued ID, in order to protect against fraudulent or spoofed requests. If you want to make a request as an authorized agent on behalf of another individual under applicable law, 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, which may include signed permission. If you object to us using your personal information or withdraw permission for us to use your personal information, after initially giving it to us, we will respect your choice in line with applicable law. While we will do our best to limit the ability such withdrawal has on our ability to provide you services and information you requested, some of the functionality and features available on our services may change or no longer be available to you.

      We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on our websites and online services may change or no longer be available to you. Any difference in services is related to the value provided.
  7. Data Security. We take reasonable administrative, physical, and technical measures that we believe are appropriate to protect your information from loss, misuse, alteration, or destruction.
  8. Retention. We keep your Personal Data for as long as needed or permitted for the purpose(s) described in this Privacy Policy and consistent with applicable law. In addition, we might keep the information for longer based on criteria such as applicable rules on statute of limitations, any legal requirements to retain your personal information in light of compliance obligations, any relevant litigation or regulatory investigations, and the duration of your use of our Sites and receipt of our Services.
  9. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. You should consult this Privacy Policy regularly for any changes.

Additional Information for California Residents

SCYNEXIS, Inc.’s product license partners may be required to comply with the California Consumer Privacy Act (“CCPA”). Therefore, this section sets forth the rights California residents may have under the CCPA with respect to our product license partners. This section applies only to personal information that is subject to the CCPA and that is collected through the Sites.

In the past 12 months, the following categories of personal information have been collected and disclosed for our business purposes. Note that information we collect for you and process varies depending on the nature of our relationship with you:

  • Information described in, “What information We Collect,” in Section 4 above
  • Identifiers and personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as name, address, email address, and IP address.

Personal health data may also be collected which is considered sensitive personal information, but we do not process sensitive information except for purposes that you do not have a right to limit under the CCPA. For example, we may use sensitive data to provide you with services you request, including offers and information you request and other services.

This personal information has been collected from you in order to provide you with information you request and information we believe may be of interest to you, and to improve our Services. This personal information has been disclosed to our service providers and affiliates.

Rights to Know, Correct, and Delete

In addition to the rights to request correction and deletion of personal information set forth in Section 7 of this Privacy Policy, California residents also have the right to request to know:

  • The categories of personal information we collected about them;
  • The categories of sources from which their personal information was collected;
  • Our business or commercial purpose for collecting, selling, or sharing their personal information;
  • The categories of third parties to whom we disclosed, sold, or shared their personal information, if any;
  • The categories of personal information we have disclosed, sold, or shared about them, if any; and
  • The specific pieces of personal information we have collected about them (also called a data portability request).

Submitting Data Requests

Using the contact information in Section 1 of this Privacy Policy, California residents may submit requests to exercise the rights granted by the CCPA. A California resident or someone legally authorized to act on their behalf (i.e., an authorized agent) may make such request. All requests must (1) provide sufficient information for us to reasonably verify the consumer by providing two to three pieces of personal information which we will match with personal information we maintain in our records, and (2) describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will not discriminate against you for exercising your rights under the CCPA.

Our licensed product partner reporting for California residents, in the 2021 calendar year, the number of eligible consumer access requests we received was 4. Of those requests, 3 were complied with in whole or in part, 0 were denied, and 1 is open. The number of eligible consumer deletion requests we received was 8. Of those requests, 8 were complied with in whole or in part, and 0 were denied. The median number of days within which we substantively responded to all requests was 42.5 days.