Privacy Policy

Last Updated:

Privacy Policy

Last Updated: January 21, 2016

This Privacy Policy is designed to tell you about our practices regarding collection, use, and disclosure of information that you may provide via this Site and other properties controlled by BioPharmX, Inc (“BioPharmX”) including and (collectively, the “Site”). Please be sure to read this entire Privacy Policy before using or submitting information to this Site.

Any information that is collected is subject to the Privacy Policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time-to-time. If we make any material changes to this policy, we will notify you of such changes by posting them on our Site, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use our services after those changes become effective, you are agreeing to be bound by the revised policy.

Note regarding children

This Site is not intended for children under the age of 13. We do not knowingly collect personally identifiable information via this Site from visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose to websites.

Note regarding international users

Your information will be transferred to and maintained on computers located in the United States (or any other country where we operate) and processed there. By providing us with your information, you are accepting and agreeing to that transfer. If you are located outside the United States and choose to provide your information to us, we may transfer it to the United States and process it there.

Information you provide

Some areas of this Site may ask you to submit information that can be used to identify you, such as your name, email address, postal address, phone number and other such information (“Personally Identifiable Information” or “PII”) in order for you to benefit from certain specified features (such as receiving communications from us, resumè submission, media inquiries or investor relations inquiries). You will be informed what information is required and what information is optional.

If you are a qualified healthcare provider and you wish to receive further information regarding our products, we may ask for your Personally Identifiable Information in addition to other information (such as your Medical Education Number).

From time to time, we may directly sell our products to you through our online e-commerce store. In connection with this service and these sales, we may require you to provide us with certain details and information (including without limitation, Personally Identifiable Information) such as, your name, email address, payment related information such as your credit card details, and the address for delivery of the products you order to process your purchase and related transactions, including returns.

From time to time, we may invite you to participate in a survey and you may be required to provide PII in connection with your participation in the survey. You may also be asked if you are willing to permit us to share your PII and your survey responses with certain third parties, including the medical practice you identify in connection with your participation in the survey. If you grant such permission, we will share your survey responses and PII with such third parties.

In addition, from time to time, we may invite you to participate in sweepstakes, contests and/or promotions (“Promotions”) and we will share any PII that you submit in connection with your participation in such Promotions with the third party services providers we engage to assist us with operation of the applicable Promotions.

E-mail Communications. If you wish to send e-mail communications to and receive e-mail responses from us through the Site, you should be aware that e-mail is not a secure medium for sending and receiving potentially sensitive personal health information. Although we will take steps to keep your communications with us through the Site confidential and secure, the confidentiality of e-mail communications cannot be assured or guaranteed. E-mail is not a good medium for urgent or time-sensitive communications.

Information we collect

As you navigate through this Site, certain anonymous information may be passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies and navigational data collection (log files, server logs, clickstream). Such information is not combined with personally identifiable information collected elsewhere on the Site unless you have consented. A “cookie” is a small text file that is saved by your browser when you access our Site. You may be able to set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. If you set your browser to reject all cookies, portions of this Site may not work. “Session” cookies are temporary files that are erased once you exit your web browser or otherwise turn off your computer. “Persistent” cookies are more permanent files that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent and session cookies may be used to collect and/or store non-Personally Identifiable Information and help us to improve our services. “Navigational data” (log files, server logs, and clickstream data) are used for system management, to improve the content of our Sites, market research purposes, and to communicate information to visitors. This may include information about links clicked on, time spent on webpages, IP addresses and certain location information derived thereof.

Use of Information

We may use information collected via this Site to improve the content of our Site, to customize the Site to your preferences, to process any purchase and related transactions in which you engage via the Site, to communicate information to you (if you have requested it), for our marketing and research purposes, and for any other purpose specified. In addition, we may make full use of all information acquired through this Site that is not Personally Identifiable Information, including but not limited to sharing such information in anonymous and/or aggregate form with third parties for industry analysis, demographic profiling, research, analysis and other similar purposes. If you provide us with your email, we may send you marketing emails about our services. If you wish to stop receiving such emails, you may do so at any time by using the unsubscribe link in the email.

Disclosure of Information

We will not share any Personally Identifiable Information that we have collected from you except as described below:

  • We may engage third party service providers to support our business, including, for example, payment processing service providers, in which case we will require such third parties to agree to treat any PII they receive in accordance with this Privacy Policy and use it solely for the purpose of performing the applicable services on our behalf.
  • Information that we collect from our users, including PII, is considered a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third party acquirer in connection with the transaction.
  • We reserve the right to respond to law enforcement requests for information in our sole discretion, as we believe necessary:
  1. to satisfy or comply with applicable laws, legal process, lawful requests (including subpoenas, warrants and court orders), or government regulation.
  2. to protect our property, rights, and safety, and the property, rights and safety of third parties or the public in general.
  3. to prevent or stop activity we consider illegal or unethical.

Access, Correction, and Deletion

If you wish to delete your Personally Identifiable Information from our contact list, please contact us as specified below. We will take reasonable steps to delete your information as soon as practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law. Please note that if you submit an employment application, we may be legally required to retain such records.


This Site takes reasonable steps to protect PII that you transmit it to our Site and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever completely secure or error-free. In particular, e-mail sent to or from this Site may not be secure.

Links to Other Websites

This Site may contain links or references to other websites. Any information that you provide on or to a third party website or service is provided directly to the owner of the website or service and subject to that party’s privacy policy. For example, our Sites or services may provide functionality or links to post information on third party websites such as Facebook, YouTube, or Twitter. If you use this functionality, please be aware that any information you post may be viewable by other users of such third party websites or by the general public. You agree to not provide any personal health information on these third party websites that we may link to. Our Privacy Policy does not apply to third party websites and we are not responsible for the content, privacy, or security practices of those websites or services. We encourage you to read the privacy policy of every website you visit.

How to Contact us 

If you have any questions, comments, requests, or concerns related to this Privacy Policy or the information practices of this Site, or if you would like to opt out of future communications, please contact us as follows:

BioPharmX, Inc.

1505 Adams Drive, Suite D

Menlo Park, CA 94025

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