Milestone Pharmaceuticals (“Milestone”) is committed to your privacy and has developed the following Privacy Policy to inform you about how we collect, use and disclose information. Our Privacy Policy applies to your use of the OutsmartPSVT.com website (the “Website”) and describes how your Personal Information (defined as, any information that identifies you such as your name, e-mail address and any other details you provide to us that identifies you as an individual) will be treated as you use the Website.  This policy does not apply to Personal Information collected offline or through means other than this Website.

Collection of Information

You generally are not required to provide information about yourself when you visit the Website. Some areas of the Website may ask you to provide your email address to receive emails from Outsmart PSVT or Milestone.

We also collect information automatically that may be connected to you from the servers used to support the Website. This information includes:

• the internet protocol (IP) address from which you access the Website,
• information about the device you use to access the Website,
• information about the web browser you use to access the Website, and
• information about applications on your device that are necessary to support the Website.

We may use this information to measure the use of our Website and to improve our content. 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 website. For information about opting out of Google Analytics please visit: https://tools.google.com/dlpage/gaoptout.

We may utilize “cookies,” web beacons and other similar technologies on our website. We may use first and/or third party “browser” or “HTTP” cookies, which are unique text files that may be used for data analysis and enable our website to tailor information for the visitor. We may use to track visits to our websites. We also may use “web beacons” (also referred to as pixel tags, clear gifs or other terms) or similar technologies to collect information such as how long a visitor remains on a particular page or if you open an email we send to you.  Some Internet browsers have begun to offer what often is referred to as “do not track” mechanisms for browser users to automatically signal privacy preferences to websites that they visit. Our site does not currently respond to do-not-track-signals.  If you do not want us to deploy browser cookies to your device when you visit our website, you may set the browser to reject cookies or to notify the user when a web site tries to place cookies in the browser program.  Rejecting cookies may affect your ability to use some of features offered by the website.

How We Use and Disclose Your Information

We may use any information we collect about you or about your use of the Website in connection with the operation of the Website as well as to improve the Website or to communicate with you about information relevant to living with PSVT, the PSVT Place Registry or other features that we believe may be of interest to you or otherwise in connection with our management of the Website. We may also share the information you submit to us with third parties that work with us to offer new resources and features for patients on the Website. We may also use information we collect about you for the following purposes:

• security and protection of personnel, assets, and resources,
• regulatory compliance and monitoring, and
• compliance with legal requirements or to defend or pursue legal claims.

We may also monitor traffic patterns and Website usage to help us develop the design and layout of the Website. We use application logs on your device and our server as well as “cookies” and other tracking technologies for the purposes described above as well as to enhance the functionality of the Website. This information may be stored in files on your device that we access.

We may share your Personal Information with service providers acting on our behalf.

We may transfer information we have about you in connection with a reorganization or combination of our company with another company on in the event of bankruptcy or a sale of corporate assets. If Milestone or our assets are acquired by another company, that company may assume responsibility for the personal information we collected through our Website, and that company will also assume all the rights and obligations regarding the information collected, as described in this Privacy Policy

We reserve the right to disclose information we have about you to regulatory authorities, law enforcement agencies, or as required by applicable law.

Security and Information Protection

While we have implemented measures designed to protect against the unauthorized access, interception, loss, misuse, and/or alteration of the information under our control we do not guarantee that events of unauthorized access, interception, loss, misuse, and/or alteration under our control will not occur.

Unsubscribe or Opt-Out

All users and/or visitors to our Website have the option to discontinue receiving communication from us by way of email or newsletters. To unsubscribe from further communications, please use the opt-out mechanism included in our communication or you may opt-out by clicking here.

Third Party Sites and Services

When you use the Website, you may be directed to other sites outside our service. For example, sections of the Website may include links to third-party sites that we do not operate or control. If you click on one of these links, you will leave the Website. We are not responsible for and do not endorse the content found on third-party sites websites. These third-party sites may send their own cookies to users to collect data or solicit personal information. These other sites are not subject to our Privacy Policy and we are not responsible for the privacy policies of these third-party sites, or for the use of any information that these sites may collect.

Use of Website by Minors

This Website is not directed to individuals under the age of 18, and we request that these individuals not provide Personal Information through the Website. Furthermore, in the event that we learn that we have collected Personal Information from any child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@milestonepharma.com.

Transfer of Information Across National Borders

The owner of this Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so on your own initiative and are so responsible for compliance with local laws.

Through the use of this Website, you expressly consent to the transfer of your Personal Information to, and the collection and processing of such Personal Information in the United States, and other countries or territories where we or our vendors operate. In giving this consent, you acknowledge that you understand that the laws on holding, processing, using, and transferring Personal Information in the United States may vary and be less protective of your privacy than laws of your state or country.

Updates to This Privacy Policy

We may update or change the terms of our Privacy Policy. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy to the Website. Your use of the Website following these changes means you accept the revised Privacy Policy.

Acceptance of Terms

Through the use of this Website, you are accepting the terms and conditions stipulated within the Privacy Policy. If you are not in agreement with our terms and conditions, then you should refrain from further use of this Website. In addition, your continued use of our Website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.

Milestone does not practice medicine or provide medical services or advice, and the information on the Website is not to be construed as medical, legal, investment, or other advice. You should consult your healthcare professional for medical advice, and other advisors as appropriate.

Access and use of the OutsmartPSVT.com website (the “Website”) are subject to and constitute acceptance of the conditions included in this Terms of Use and Access Agreement (together, and including any future modifications, the “Agreement”).

Acceptance of Terms

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS AGREEMENT AS AMENDED FROM TIME TO TIME. IF, AT ANY TIME, YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE WEBSITE. This Agreement is a legal agreement between you, the user (“you,” “user,” or “visitor”) and Milestone Pharmaceuticals (“Milestone,” “us,” or “we”), as the owner and operator of the Website.

The owner of this Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so on your own initiative and are so responsible for compliance with local laws.

No person under the age of eighteen (18) is authorized to access or use this Website.  User access to, and use of, the Website is subject to all applicable federal, state and local laws and regulations.  Use of this Website is void where prohibited.  By using this Website, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.

You may only use the Website for the purposes stated in this Agreement. We may terminate, change, suspend, or discontinue any aspect or feature of the Website at any time. Unless expressly stated by us, any new features, services, enhancements, or modifications to the Website implemented after your initial access will be subject to the terms of this Agreement. Upon your violation of this Agreement, your permission to access and use the Website may be immediately revoked and we reserve all rights we may have in law or equity.

Changes

We reserve the right to change the terms of the Agreement at any time. We will endeavor to notify you of any change by either a notice on the Website, email, or some other means, but our failure to do so will not limit the enforceability of any change. Access to or use of any of the Website constitutes acceptance of the most recent version of the Agreement.

Use of the Website

We grant you a limited, non-transferable license to access and use for non-commercial purposes the Website. Such limited license shall enable you to use the Website for informational purposes. This license shall not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Milestone or our affiliates without our prior express written consent.

We make no guarantees regarding the availability of the Website.  Furthermore, we reserve the right, within our sole discretion, to discontinue the Website. You agree that we will not be liable to you for any such discontinuance or modification of the Website.  Any rights not expressly granted by these Terms are reserved by us.

You are under no obligation to use or continue to use the Website and may temporarily or permanently cease using the Website without notice to Milestone. Any use of the Website, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Website or any portion thereof.

You agree not to use the Website to upload, post, transmit, or otherwise make available: content that infringes, misappropriates, or otherwise violates any patent, trademark, copyright, or other proprietary right of any party; content that is unlawful, threatening, harassing, defamatory or otherwise objectionable; content that you do not have a right to make available under any law or under contractual or fiduciary relationships; any unsolicited communications, advertising, or promotional materials not authorized by us; any material that contains software viruses or computer codes, files, or programs designed to interrupt, destroy, or limit functionality. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of, or any person’s use of, the Website. You agree not to obtain information or content from the Website using any robot, spider, scraper, or other automated means for any purpose. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure supporting the Website, or any connected systems or networks. You agree that you will not use the Website to intentionally or unintentionally violate any applicable local, state, national, or international law, upload any content other than those of a personal nature, deliver unsolicited bulk email or impersonate any person or entity or otherwise misrepresent yourself. You will not use automated systems to collect information from the Website. You will not use any mail or other communications features of the Website to send unsolicited bulk email or any other communication to any person that has asked you not to contact them by such means.

Privacy and Security

We respect your right to privacy. Our policy on the use of personally identifiable information collected through the Website (“Personal Information”) is set forth in the Privacy Policy. Please read the Privacy Policy before using the Website. The Privacy Policy is not an agreement and may change from time to time, so you should check back to make sure you are familiar with the current provisions. Your access to or use of any part of the Website constitutes your consent to our use of your Personal Information as provided in the Privacy Policy.

While we have implemented measures designed to protect against the unauthorized access, interception, loss, misuse, and/or alteration of the information under our control, we do not guarantee that events of unauthorized access, interception, loss, misuse, and/or alteration of the information under our control will not occur. In the event of any unauthorized access, interception, or other misuse, we will not be responsible for such unauthorized access, interception, or misuse, or any direct, indirect, special, incidental, consequential, or other damages (including lost profits) suffered by a patient or user, even if we have previously been advised of the possibility of such damages. We do not warrant, either expressly or impliedly, that the information provided by any user shall be free from unauthorized access, interception, or misuse.

Proprietary Rights and Ownership

Except for software or content that is identified as open source or in the public domain, all software and content that is part of the Website is our property or property of our suppliers and is protected by United States and international patent, trademark, copyright, and other similar laws. Any trademarks, product names, company names, logos, and other proprietary marks of our affiliated companies, licensors, and partners are trademarks of those affiliated companies, licensors, and partners. This Agreement does not grant you any right, title, or interest in those marks except to display them on your computer or mobile device in connection with your individual use of the Website. When you download or print content or software, all accompanying patent, copyright, trademark, and other proprietary notices continue to apply and should be retained. As between you and us, we retain title and ownership of the Website, all derivative works and all subsequent copies of the Website, regardless of the form or media in which the original and other copies may exist. Except to the extent permitted under any applicable open source software license, unauthorized copying of the Website, including modifying, merging, or including with other software is expressly forbidden. You may not sell or modify, reproduce, display, publicly perform, distribute or otherwise use the Website or its content in any way for any public or commercial purpose. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement. There are no implied licenses under this Agreement. All rights not expressly granted herein are reserved. This section shall survive the termination of the agreement.

Limitation of Liability

The Website is provided on an “as is” basis without any warranties of any kind. To the extent allowed by law, we disclaim all other warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose with regard to the Website. No oral or written information or advice given by us, any dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. NEITHER WE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES (“DAMAGES”) FROM THE USE OF, INABILITY TO USE, OR RELIANCE ON, OR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE WEBSITE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions or warranties, remedies, or liability contained in this Agreement apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

Indemnification

You agree to indemnify, defend, and hold us harmless (including our officer, directors, agents, representatives, and employees) from any claim, liability, loss, expense, or demand, including legal fees, related to your violation of this Agreement or use of this Website. By using the Website, you are hereby agreeing to release Milestone and its partners, officers, employees and agents from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Website.

Termination/Cancellation

This Agreement is effective until terminated by us. This Agreement will terminate automatically without notice from us if you fail to comply with any provisions of this Agreement.

Third Party Sites

The Website may contain links to other websites (“Linked Websites”) for your convenience, but we do not monitor or control the content of other websites. By providing access to other websites, we are not endorsing products or services offered by any other entity and are not recommending the purchase or sale of the stock issued by any company. We disclaim all liability for the content of any website that may be linked to by the Website, whether such link is provided by us or by another entity. Your use of Linked Websites is subject to the terms of use of those websites.

Disclaimer

The Website is offered as a service in the United States and is intended for access and use by people in the United States. If you live outside the United States, you may see information on the Website about products and services that are not approved or marketed in your country. If you are outside of the United States, you consent to having your personal data transferred to and processed in the United States.

Milestone does not practice medicine or provide medical services or advice, and the information on the Website is not to be construed as medical, legal, investment, or other advice. You should consult your healthcare professional for medical advice, and other advisors as appropriate.

Forward-Looking Statements

The Website contains express or implied forward-looking statements, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. Milestone assumes no obligation to update any forward-looking statements contained in the Website in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.

Choice of Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the State of North Carolina, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Milestone with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Milestone with respect to this Website. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.

Updates

Milestone may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information provided on or through the Website may occasionally be inaccurate, incomplete or out of date. Milestone does not have a duty to update information contained in this website and will not be liable for any failure to update such information. We make no representation as to the completeness or accuracy of any information on the Website, nor do we make any representation that the information on the Website is current, and we undertake no obligation to update or revise the information contained on the Website, whether as a result of new information, future events or circumstances, or otherwise. It is your responsibility to verify any information contained in the Website before relying upon it.

Comments and Suggestions

We appreciate comments and suggestions from users of the Website. However, any information you submit will be considered non-personal, non-confidential, and non-proprietary. You hereby grant and will grant to us an unrestricted, fully paid-up, sub-licensable, transferable, royalty-free, irrevocable right to use, reproduce, display, perform, create derivative works of, transmit, distribute, and otherwise exploit your comments and suggestions in any medium and for any purpose.