Privacy Policy and Terms

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Privacy Policy

We, at Tyme Technologies, Inc. (“Tyme,” “we,” “us,” or “our”), have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy applies to all information received by Tyme in any format through this website (the “Website”) as well as to information we may gather outside the Website, such as through mobile applications, social media and your written correspondence with us.

Acceptance of Terms

By visiting our Website, you are agreeing to the terms of this Privacy Policy and the accompanying Terms and Conditions below. Tyme collects information from our Website users, subscribers, and other customers. This Privacy Policy describes the type of information we collect and how we use it to provide better services to our customers. Your privacy is of great concern to us at Tyme. The information we collect on this Website is only used for the purposes stated herein. We do not sell or share any of the information we collect with any third parties except in the limited instances specified below.

Information We Collect

We may collect two types of information from  users of our Website:

(1) We may collect individually-identifiable information, such as name, postal address, telephone number and IP address (“Personal Information”). You may be asked to provide Personal Information in the course of registering to use certain information or services available on our Website.  We also collect Personal Information if you’ve voluntarily chosen to provide us with such information when you contact us with a message, inquiry, comment, question, or concern through our Website.  We also collect IP addresses of users of our Website and use such information primarily to personalize and enhance users’ experiences on the Website and for geolocation and security purposes.

(2) We may collect non-identifiable web usage information (“Non-Personal Information”). Examples of Non-Personal Information which may be collected include your browser type, URLs, date and time you visit our Website, time spent on particular pages of our Website, and sections of the Website visited.  Non-Personal information may be collected using various technologies such as cookies, web beacons and/or third-party web analytic tools, to analyze website traffic.

How We Use and Share Information

We use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Tyme will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current.

You do not have to register to use most of the information and services available for consumers on our websites. If you choose to register, we will use the Personal Information you give us to send you an e-mail confirming your registration with our Website and to respond to questions from you. Upon your request, we may also, from time to time, send you e-mail with special newsletters or other information that we think may be of interest to you.  You may opt-out of receiving certain communications and notifications from us; our communication will specify the method of opting out. However, opting-out will not end your receipt of important service-related emails and notifications. We may also use and/or share Personal Information and Non-Personal Information as further described below.  Personal Information and Non-Personal Information are referred to collectively below as “Information.”

We may use the Information to solicit your feedback, to inform you about our products and services, for statistical and research purposes, and to operate our Website, including to customize and improve the Website.

If you contact Tyme regarding your experience in using one of our products, we may use 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, as permitted by applicable law.

We may contract with third parties to perform functions on our behalf. Examples may include providing technical assistance, customer service, and assistance in administering clinical trials. These third parties will have access to Information only as necessary to perform their functions and to the extent permitted by law. In addition, we will obtain assurances from any third parties to whom we provide Information that they will safeguard the Information consistent with this Privacy Policy and applicable law. If we learn that a third party is using or disclosing Information in a manner contrary to this Privacy Policy, we will take reasonable steps to prevent or stop such unauthorized use or disclosure.

In an ongoing effort to better understand visitors to our Website and our products and services, we may analyze Non-Personal Information in aggregate form in order to operate, maintain, manage, and improve the Website and/or our products and services. We may share this Non-Personal Information in aggregate form with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.

We may share some or all of the Information with any of our parent companies, subsidiaries, or other companies under common control with us.

As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.  In such case, the recipient of the transferred Information will adhere to this Privacy Policy.

To the extent permitted by law, we may also disclose Information: (i) to government and regulatory agencies in connection with our seeking regulatory approval for our products; (ii) when required by law, court order, or other government or law enforcement authority or regulatory agency; (iii) whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of Tyme, users of its Website, or others; (iv) to enforce this Privacy Policy and/or the Terms and Conditions, including investigation of potential violations thereof; (v) to respond to claims that any content on our Website violates the rights of third parties; and (vi) pursuant to your explicit approval.

Cookies

We use the data we obtain through the use of cookies to customize your site experience by anticipating the information and services that may be of interest to you. We also analyze the information collected with cookie technology to help us improve the functioning of our site by monitoring traffic in popular areas and to modify the services and information we provide to meet customer demand. We will link the clickstream data available to us through the use of cookies to the Personal Information, including health-related information, that you may choose to provide elsewhere on our Website. We use the information we collect through the use of cookies for our business purposes, including operation of our Website, as well as research and product analyses to help us better market our products.  Some browsers have a “Do Not Track” feature that lets a user have the browser notify websites that the user does not want to have his or her online activities tracked.  Tyme’s Website currently does not respond to such browser-initiated signals.

Security of Your Personal Information

We implement reasonable administrative, technical and physical security measures to maintain the security and integrity of our Website and your Personal Information and protect against loss, misuse, or improper access through generally accepted industry standard technologies and internal procedures.  Please note, however, that there are inherent risks in transmission of information over the Internet and in other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur.  The safety and security of your Personal Information also depends on you.  We urge you to use our Website only on a trusted device (such as a non-public computer). We also urge you to employ the security features that may be available on your trusted devices, such as device passwords and user authentication.

Communication With Us

As noted above, we have features where our customers can submit information to us (such as our feedback forms). Where such submissions include requests for service, support or information, we may forward them to third parties that assist us in providing customer support and/or to our agents, as needed, to best respond to the specific request. In addition, we may retain e-mails and other information sent to us for our internal administrative purposes, and to help us to serve customers better.

Deletion of Modification of Personal Information

If for any reason you wish to delete or modify your Personal Information, please send us an e-mail with adequate detail of your request to info@tymeinc.com, and we will make reasonable efforts to modify or delete any such Personal Information pursuant to any applicable privacy laws.  Note that unless you instruct us otherwise we may retain your Personal Information for as long as reasonably required for the purposes for which such Personal Information was collected, including, without limitation, for future analytics and analysis, in order to comply with our legal or business requirements or obligations, to resolve disputes, or to enforce our Terms and Conditions, all as permitted under any applicable privacy laws.  Aggregated and/or anonymous information derived from your use of the Website may remain on our servers indefinitely.

International Data Transfer

Your use of our Website may result in the transfer of Information across international boundaries. Specific legal requirements relating to transfer of Personal Information is not the same in all countries.  Please note that we may transfer Information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and by using our Website you consent to such transfer of Information.

Children Under the Age of 13

Children under age 13 are not eligible to use our Website, and we do not knowingly collect any Personal Information from children under 13. If you are under 13, you can use our Website only in conjunction with your parents or guardians.

General

This Privacy Policy is incorporated into, and subject to, the terms of the Tyme Site Terms and Conditions Agreement. Should this policy be amended in any way, changes will be posted to this page. If you have any questions about this privacy policy, please contact us at info@tymeinc.com.

Terms & Conditions

General

The Privacy Policy above is a part of, and incorporated into, these Terms and Conditions.

© Tyme Technologies, Inc. (Tyme) All rights reserved. The copyright in all materials on this Website including, without limitation, site design, text, graphics and underlying code are owned by or licensed to Tyme.  Furthermore, the selection, arrangement, compilation and presentation of all such materials (including information in the public domain), and the overall design of Website are the exclusive property of Tyme and protected by intellectual property laws. Permission is granted to view and print materials from the Website for the non-commercial purpose of viewing, reading and retaining for reference.  Any other reproduction, distribution, public performance, including but not limited to the use of any such material on any other website or networked computer environment or public display of these materials, in whole or in part, is prohibited without the express prior written permission of Tyme.

Tyme reserves the right to make changes and corrections to any of the materials on this Website (including these Terms and Conditions) at any time without prior notice.

By using this Website and/or by accessing this Website, its content, and information derived from the Website, including but not limited to any new features, enhancements or updates, you acknowledge that you have read and understood these Terms and Conditions and you agree to be bound by them, as they may be amended from time to time, and to comply with all applicable laws and regulations regarding the use of this Website.  You are responsible for periodically reviewing these Terms and Conditions for any changes.  Your use of the Website after posting by Tyme of any changes to these Terms and Conditions constitutes your acceptance of those changes.

Tyme may impose limits on certain features and services or restrict your access to the Website without notice or liability.  Tyme may terminate your use of the Website at any time in its sole discretion for any reason, including, but not limited to your breach of these Terms and Conditions or in the event of Website corruption or other technical difficulties.  These Terms and Conditions apply exclusively to your access to and use of the Website and do not alter the terms or conditions of any other agreement you may have with Tyme.  You acknowledge and understand that the information and materials presented on this Website should be used for general informational purposes only and not for other purposes.

If you do not agree to these Terms and Conditions, your sole and exclusive remedy is to not use the Website.

User Conduct

In using the Website, you agree:  (i) not to copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble any portion of this Website or the information which this Website contains in any way; (ii) not to create a browser or border environment, or GUI around the Website (e.g., no “frames” are allowed); (iii) not to interfere with or disrupt the operation of the Website, or the servers or networks that host the Website or make the materials available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (iv) not to interfere with or violate users’ right to privacy or other rights, or harvest or collect Personal Information about users without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine information; (v) not to impersonate any person or entity or provide false personal information or business information, for the purpose of receiving the materials provided in this Website or gaining unlawful access to it; (vi) not to falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, with Tyme, or express or imply that Tyme endorses or is in any way affiliated with you, your website, your business or any statement you make, or present false information about this Website; (vii) not to transmit or otherwise make available in connection with the materials or content on this Website, any virus, “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to, damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) not to create a database by systematically copying and storing all or any of Tyme’s intellectual property; (ix) not to use this Website to seek, provide or obtain specific medical advice, medical opinions, diagnosis or treatment as applied to a patient’s particular condition or situation; and (x) not to use this Website for any illegal, immoral or unauthorized purpose.

Additionally, you agree that you will not post or otherwise disseminate on or through the Website unlawful, harassing, tortious, abusive, offensive, threatening or obscene communications or materials of any kind, or materials that infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or other violation of laws; or that are otherwise objectionable, including, without limitation, content that evidences bigotry, racism, sexism, or hatred or that promotes illegal activity including, without limitation, unauthorized uses of medical products.  Tyme reserves the right but is not obligated to remove any materials it deems objectionable, in its sole discretion and without any reference to you.  You agree to hold harmless Tyme, its affiliates, representatives, and parties with whom it has contracted for purposes of hosting or maintaining this Website, from all claims based upon communications made or materials posted by others or the use by third parties of this Website.

You expressly agree that you will not discuss or refer to any particular patient, any particular patient’s medical condition, or any information that could identify a particular patient.  You further expressly agree that you will not discuss, endorse or refer to “off label” uses of medical products, including any uses that have not been approved by the U.S. Food and Drug Administration or other applicable regulatory authority.

Communications Through Our Website

You agree that communications that you transmit through our Website or copyrighted works you post on our Website are non-confidential and upon transmission of such information you grant to Tyme and all other persons or entities involved in the operation of our Website a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, transmit, monitor, retrieve, store, publish, remove, analyze, commercialize and use in any manner Tyme chooses all content you upload or otherwise transmit to this Website subject to these Terms and Conditions without any further consent, notice and/or compensation to you or any third parties.  Any information you submit is at your own risk of loss.

Disclaimers

TYME IS PROVIDING THIS WEBSITE ON AN “AS IS” BASIS, ON THE BASIS THAT IT IS CURRENT ONLY ON ITS STATED DATE AND TYME EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SUCH INFORMATION. TYME ACCEPTS NO RESPONSIBILITY FOR OR IN RELATION TO AND MAKE NO REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) CONCERNING ANY USE OF THIS WEBSITE OR ANY WEBSITE LINKED TO OR ACCESSIBLE FROM THIS WEBSITE OR ANY INFORMATION OBTAINED DIRECTLY OR INDIRECTLY FROM THIS WEBSITE OR ANY SUCH OTHER WEBSITE. NEITHER TYME NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES OR ANY COSTS OR EXPENSES WHICH MAY BE INCURRED ARISING OUT OF OR IN CONNECTION WITH ANY SUCH USE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF OR INABILITY TO USE THIS WEBSITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED. ANY LINK TO THIS WEBSITE DOES NOT IMPLY ENDORSEMENT OR APPROVAL BY TYME OF ANY LINKED WEBSITE.  THE INFORMATION POSTED ON THIS WEBSITE BY TYME SHOULD NOT BE CONSIDERED MEDICAL ADVICE, AND IS NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED PHYSICIAN. TYME DOES NOT ANSWER SPECIFIC MEDICAL QUESTIONS OR REFER USERS OF ITS WEBSITE TO ANY PARTICULAR MEDICAL PROFESSIONAL.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Forward-Looking Statements

This Website may contain forward-looking statements. Any words such as “may”, “will”, “anticipate”, “believe”, “estimate”, “expect”, “future”, “intend”, “plan”, “could”, “should”, “potential”, or “continue” or the negative or other variations thereof, as well as other statements regarding matters that are not historical fact, may constitute forward-looking statements. Such forward-looking statements are necessarily based on various assumptions and estimates and are inherently subject to various risks and uncertainties including, in addition to any risks and uncertainties disclosed in the text surrounding such statements or elsewhere on this Website, risks and uncertainties relating to the possible invalidity of the underlying assumptions and estimates and possible changes or developments in social, economic, business, industry, market, legal and regulatory circumstances and conditions and actions taken or omitted to be taken by third parties, including Tyme’s customers, suppliers, business partners and competitors and legislative, regulatory, judicial and other governmental authorities and officials. Should Tyme’s assumptions or estimates prove to be incorrect, or should one or more of these risks or uncertainties materialize, actual amounts, results, events and circumstances may vary significantly from those reflected in such forward-looking statements and no reliance should therefore be placed thereon.

No information contained on this Website shall constitute an invitation to invest or otherwise deal in shares of Tyme.

User Representations and Warranties

As a condition for your use of the Website, you hereby represent and warrant that (i) you possess the legal authority to enter into these Terms and Conditions and to form a binding agreement under any applicable law, to use the Website in accordance with these Terms and Conditions, and to fully perform your obligations hereunder; (ii) the execution of these Terms and Conditions does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; (iii) you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; (iv) you will provide true and accurate information and will not impersonate or provide a false identity; (v) you will not infringe any right of any third party, including intellectual property rights, privacy rights and publicity rights; and (vii) you will not harm any user and will not use the Website and materials presented therein for any illegal, immoral or unauthorized purposes.

Links to Outside Resources

To the extent that this Website, or searches performed through the Website, contains links to outside services and resources, Tyme does not control the availability and content of those outside services and resources.  Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.  Tyme assumes no responsibility and shall not be held liable in any sort of way for the content of any website referred to by any of its sections and is not responsible for any errors or omissions contained in such websites, or the integrity or quality of such content or any offensive or otherwise objectionable content contained in such websites.  Tyme provides these links to you only as a convenience. The inclusion of any link does not imply endorsement by Tyme of any linked site.  Tyme’s publication of information regarding third-party products or services does not constitute an endorsement regarding the suitability of such products or services or a warranty, representation or endorsement of such products or services, either alone or in combination with any of Tyme’s materials.  Tyme reserves the right to terminate any link at any time.  You further acknowledge and agree that Tyme shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resources.

Indemnification

You agree to defend, indemnify and hold Tyme, including but not limited to, all of its owners, managers, officers, directors, employees, representatives, and agents, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (i) your use of the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any intellectual property right, property right, privacy right or publicity right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to your use of the Website.  This defense and indemnification obligation will survive any termination or expiration of these Terms and Conditions indefinitely.

Miscellaneous

You agree that these Terms and Conditions describe the entire agreement between you and Tyme with respect to its subject matter.

If any provision of these Terms and Conditions shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Website or these Terms and Conditions more than one (1) year after such claim or cause of action arose.

Tyme may assign these Terms and Conditions, in whole or in part, in its sole discretion.  No user may assign his/her rights under these Terms and Conditions without Tyme’s prior written permission.  Any attempt by any user to assign his/her rights under these Terms and Conditions without Tyme’s permission shall be void.  The waiver by Tyme of a breach of any provision of these Terms and Conditions shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

Questions

If you have any questions about these Terms and Conditions, please contact us at info@tymeinc.com.