Privacy policy

EContra Privacy Policy

Last updated: June 30, 2026

EContra One-Step operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). EContra One-Step is powered by Shopify, which enables us to provide the Services to you. This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us. If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described in this Privacy Policy.

Afaxys Pharma, LLC (“Company” or “We”) values privacy. In this Privacy Notice (“Notice”), we describe how we collect, use, and disclose information that we obtain about users of our services and products (“Services”), and how we use and disclose that information. Separate privacy policies are available to users of our other websites and services, Afaxys; and Afaxys Group Services.

What Information Do We Collect and Why?

The information we collect can be summarized as follows:

Type of Information	Purposes/Use of Information	Sources Collected From
Name, email address, professional title and organization, and other relevant contact information	To provide our Services, respond to inquiries by website users, consumers, and healthcare providers, and for other customer service purposes. For marketing or promotional purposes, including to send you news or newsletters, special offers or promotions, or connect you with products or information we believe may interest you.	Directly from website users and individuals
Information about the use of our website, including IP address, length of visit, referring URL, browser type, device ID, page views, geolocation, etc.	To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, functions, and to otherwise personalize your experiences while using the website To better understand how users access and use our website, both on an aggregated and individualized basis, in order to improve our Services and functions, to respond to user desires and preferences, and for other commercial, research and analytical purposes. To assist us in advertising our Services on third-party websites.	Cookies, web beacons, and other, similar technologies

Patient Reports

We collect patient reports about our products via a third-party service provider called ProPharma. The patient reports that we receive do not contain any identifiable information.

How We Share Your Information

We may share your information, including personal information, as follows:

We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your information will be subject to this Notice.
Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf, such as information management vendors, our webhosting company, and legal or accounting advisors.
Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Notice, or as evidence in litigation in which Company is involved.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or other commercial purposes. We do not sell identifiable personal information about our customers to third parties for their own independent use.

Our Use of Cookies and Other Tracking Mechanisms

We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of the website. We, and our third-party service providers, may combine this information with other information we collect from you. Our systems may not recognize or comply with browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.

Cookies

Cookies are alphanumeric identifiers that we place on your computer’s hard drive through your web browser for record-keeping purposes. Some cookies make it easier for you to navigate our websites, while others enable a faster log-in process or track your activities on our website. There are two types of cookies: session and persistent cookies.

Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session. This allows us to process your online transactions and requests and verify your identity, after you have logged in as applicable.
Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We may use persistent cookies to track aggregate and statistical information about user activity, and to display advertising both on our websites and on third-party sites.

Disabling Cookies

Most web browsers automatically accept cookies. If you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to the websites who disable cookies will be able to browse certain areas of the website, but some features may not function.

Clear GIFs, Pixel Tags and Other Technologies

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our websites to, among other things, track the activities of visitors, help us manage content, and compile statistics about website usage. We and our third-party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third Party Analytics

We may use automated devices and applications, such as Google Analytics, to evaluate usage of tour websites and evaluate our services. These tools can help us improve our services, website, and products, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

Do Not Track Disclosure

We may track your activities once you leave our website. While there is still no universally accepted standard regarding tracking, our websites do respond to certain Do Not Track signals (e.g., the Mozilla Firefox Do Not Track feature), but in some cases it may not be able to restrict tracking. You may also disable certain tracking as discussed above (e.g., by disabling cookies). For more information about tracking, please click here.

User Generated Content

If you post content to our websites, all of the information that you post may be available to other visitors or users of the websites.

Third-Party Links

Our websites may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Notice, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

Security of My Personal Information

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

Children Under 13

Our Services are not designed for children under 13 and we do not knowingly collect data from children under 13. If you discover that a child under 13 has provided us with personal information, please inform us at the contact information below and we will delete it from our systems.

Special Information for California Residents

California residents have a number of data rights authorized by the California Consumer Privacy Act (“CCPA”). These rights are:

The right to receive information about the categories of personal information we have collected about you, the categories of sources we have received it from, the business or commercial purpose for collecting or selling it, the categories of third parties with whom we have shared personal information, and the specific pieces of information we have collected about you.
The right to obligate us to delete the personal information we have collected about you excluding that collected in a limited set of circumstances, such as research studies and the minimum necessary for legal compliance.
The right to obligate us to correct errors in the personal information we have about you.
The right to opt-out of the sale of your personal information. Since we do not sell your personal information, this right is moot.

You may make two requests per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may exercise any of these rights contacting us in writing at: notices@afaxys.com. Please note that we will require you to verify your identity by providing us with certain information before fulfilling your request. Please allow up to forty-five (45) days for the completion of your request.

We will not discriminate against you for exercising these data rights. To the greatest extent possible, we will provide you with the same quality of service at the same price after exercising these rights. Please note that we may not be able to offer you services that depend upon having a history of your transactions with us, or similar personal information, if you exercise your right to delete your personal information.

Contact Us

If you have questions about this Notice or other privacy matters, or would like to make a complaint, please contact us at notices@afaxys.com or at: Attn: Legal Department, PO Box 20639, Charleston, SC. 29413

Changes to this Notice

This Notice is current as of the Effective Date set forth above. We may change this Notice from time to time, so please be sure to check back periodically. If we make any changes to this Notice that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our website.

Afaxys Privacy Policy

Effective: April 30, 2026
Last Updated: April 30, 2026

This Privacy Policy describes the personal data that we, Afaxys, Inc., Afaxys Pharma, LLC, Afaxys Drug Development, LLC, and Afaxys Group Services, LLC (collectively, “Company”, “we”, “us”, or “our”) collect about you, why we collect it, how we use it, and when we disclose it with third parties or service providers.

This Privacy Policy covers our websites, including Afaxys.com, Afaxyspharma.com, GPOAfaxys.com, and EContraOneStep.com (collectively the “Site”), our associated services, and any other future platforms or offerings that we may develop where this Privacy Policy is made available (collectively, the “Platform”).

This Privacy Policy applies to personal data and does not apply to information that may be regulated by a different legal framework, such as the Health Insurance Portability and Accountability Act (“HIPAA”). To the extent that we process deidentified data, we will maintain and use the data in deidentified form and will not attempt to reidentify the data unless permitted by applicable law. Deidentified data that remains deidentified is not personal data and we may use such data for any lawful purpose. Deidentified data that is reidentified and otherwise qualifies as personal data is subject to this Privacy Policy. We may create and share aggregate or de-identified information about users with third parties for marketing, advertising, research, or other commercial purposes.

What personal data do we collect about you?

Our data collection practices differ depending on our relationship with you and your interactions with the Platform. We generally interact with the following categories of individuals:

Physicians, health care professionals, or business users of our services, including those provided through Afaxys Group Services, LLC (“HCPs”)
Users of our prescription or over-the-counter products (“Consumers”)
Visitors to our Site (“Site Users”)

Unless otherwise stated in this Privacy Policy, any references to “you” or “your” include HCPs, Consumers, and Site Users.

We collect the below categories of personal data from you when you access the Platform:

Contact, Account, and Transaction Information: Name, email address, postal address, and phone number. We also collect information necessary to process your request to purchase our products, such as your payment and shipping details. We work with a third-party payment processor to process any payment information. For HCPs, we may also collect your account credentials (username and password) if you create an account with us to access our business services.
Website Activity: We collect information related to your access to and use of our Platform, including the type of browser you use, access times, pages viewed, your IP address, and the page you viewed before and after visiting our Platform. We may also collect this type of information in visual form when you visit our Platform, including video snippets of your Platform activity.
Device Information: We collect information about the computer or mobile device you use to access our Platform, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
Health Related Information: If you are a Consumer, we collect information that may relate to your health in the context of our regulatory responsibilities under the Federal Food, Drug, & Cosmetic Act (such as adverse event and product complaint reporting). We may also collect health-related data (including sexual health data) about Consumers and Site Users when they interact with certain health-related online content on our Platform intended for Consumers (like EContraOneStep.com) or disclose this data to us through offline and online interactions, such as calling customer service or any communication features we make available through the Platform.
Geolocation Information: We may collect the approximate location of your device from your IP address.
Employment and Professional Information: For HCPs, we collect your place of employment; credentials, license, or other qualification information; and occupational or professional membership or participation information (such as 340B program and GPO participation).
Commercial Information: Information about your product and service preferences and interests, including our products and services.
Social Media Information: Account names, handles, biographies, and other details that you make available on social media networks.
Other information that you may provide to us or that we may infer based on the above.

How do we collect personal data?

We collect personal data directly from you in the below contexts. We also collect personal data from you using sources like advertising or marketing networks, data analytics providers, social media platforms, and other service providers or third parties.

If you purchase our products, create an account with us, or otherwise access the Platform
In connection with your interactions, inquiries, or other requests
If you interact with or share content linking to any of our social media accounts
If you participate in a contest, promotion, or survey
If you contact us via e-mail or through our customer service, including through the use of online chat tools that we may make available
We and our third-party vendors may use tracking tools like browser cookies, flash cookies, pixels, and web beacons to collect information from you. Please see “How do we use cookies and other tracking technologies?” for more information.

How do we use your personal data?

We may use your personal data in the following ways:

To provide, operate, maintain, and protect our Platform;
To analyze and improve our Platform, including developing new products or services;
To communicate with you, respond to your inquiries, and to send you information by email, postal mail, telephone, text message, notifications, or other means about our products and services;
To promote and conduct educational or promotional events, including those that may be in person and to support our marketing and advertising activities, including delivering personalized advertising;
To enhance and help us better understand your browsing experience, needs, and preferences and provide consistent, personalized services and experiences across our Platform;
To protect the security or integrity of the Platform, including to perform security analyses to verify that the Platform is working properly and has not been compromised based on our legitimate interests;
To protect us, our users, and the public, and comply with applicable law, regulation, or legal process, including to validate user information for fraud and risk detection purposes, resolve disputes and protect the rights of users and third parties, respond to claims and legal process (such as subpoenas and court orders), fulfill our reporting obligations, monitor and enforce compliance with our contracts, including any agreements between you and us, and otherwise detect, prevent, or stop any activity that may be illegal, unethical, or legally actionable; and
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our customers is among the assets transferred.

How do we disclose your personal data?

We disclose your personal data to the following categories of parties:

Service providers: We engage vendors and consultants to assist with and perform certain functions on our behalf such as: auditing and accounting firms, professional services consultants, providers of data hosting, storage, and analytics services, and IT and security vendors.
Social media platforms: Where you choose to interact with us through social media, your interaction with these platforms typically allows the social media company to collect some information about you through cookies and other digital tracking mechanisms that they place on your device. In some cases, the social media company may recognize you through these technologies even when you do not interact with their platform. Please visit the social media companies’ respective privacy policies to better understand their data collection practices and the controls they make available to you.
Companies involved in advertising: We work with companies that assist us in advertising our Platform to you and others who may be interested in the Platform. These companies may use tracking technologies on our Platform to collect or receive information over time and across different websites or platforms, including on this Platform and elsewhere on the internet, and use that information to provide measurement services and provide you with targeted ads. Some jurisdictions may consider this a “sale” of personal data. For more information, including rights you may have to opt out of this practice, please see “Your Privacy Rights” below.
Corporate affiliates: We share personal data with our subsidiary companies.
Business partners: We may work with other companies to provide you with certain product or service offerings.
Law enforcement, government agencies, or parties in a legal proceeding: We may share personal data with these entities to comply with the law or assist law enforcement. We may also provide your personal data to third parties in the context of a subpoena or similar legal process.
Third parties in the context of a merger or similar business transaction.

We will not share your opt-in status to a texting (SMS) campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your personal data, including your texting opt-in or consent status, with third parties that help us provide our messaging services, including platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

How do we use cookies and other tracking technologies?

We and our third-party vendors use cookies, pixel tags, and other tracking technologies on the Platform in a variety of ways to enhance or personalize your online browsing experience. These tracking technologies, such as Google Analytics, help us better understand your needs and preferences and tell us which parts of our Platform you have visited, facilitate and measure the effectiveness of our advertisements, and provide consistent and personalized services and experiences. We and our vendors also use these technologies in out emails to help us track e-mail response rates, identify when our e-mails are viewed, track whether our e-mails are forwarded, and related interaction data. These tracking technologies gather information over time and across different websites about you, some of which may be personal data as identified above in “What personal data do we collect about you?”

You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you may not be able to access your account information or utilize certain functionalities on our Platform. Please note that our Platform does not currently recognize “Do Not Track” signals. However, our Platform may recognize certain opt-out preference signals, such as the Global Privacy Control, and will process such signals in accordance with applicable law, potentially including “do not sell”, “do not share”, “limit the use or disclosure of sensitive personal information,” and opt out of targeted advertising requests. You may set such a signal through your browser or browser extension.

Third-Party Links

Our Platform may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

How do you protect my personal data?

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity associated with you due to unauthorized password activity.

Do we collect children’s information?

We will never knowingly request personal data from anyone under the age of 18. Our Platform is not targeted to or intended for use by children. However, if we learn that we have received personal data from a child under the age of 18 without appropriate parental consent, we will delete that information from our database.

How long do we keep your personal data?

We retain personal data for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide the Platform to you (for example, for as long as you have an account with us);
Whether there is a legal obligation to which we are subject (for example, we are required to keep records of your transactions for a certain period of time); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

What choices do I have about my personal data?

If you prefer not to receive promotional communications from us, such as information about special offers, you can let us know by contacting our customer service as described in the section entitled, “Contact Us” below. You may also follow the instructions included with the message, such as by following unsubscribe or opt out links. Please note that we may still send you messages in response to your inquiries or about other non-promotional items, such as managing your account or relationship with us.

Notice of Financial Incentive

We may offer coupons, discounts, or other price reductions for our products and services in exchange for your providing us with personal data to register a product and/or receive marketing emails or similar communications. These coupons, discounts, or other price reductions may be considered to be “financial incentives” or a similar term loyalty program offering under applicable law. To opt in to receive these financial incentives, you will be asked to provide personal data (such as email address) through an online form or similar means.

When you choose to opt into a financial incentive, we use the information you provide to send you marketing emails, special offers, and other advertising, and the information may be shared with our email providers and advertising partners. You may opt out of email marketing at any time by unsubscribing from marketing emails using the “unsubscribe” link in such emails. If you opt out, we will not reduce the value of any financial incentives you previously received from us; however, you may no longer continue to receive offers from us.

We do not assign a monetary value to the data that we collect in connection with the financial incentives. The financial incentives we offer to consumers are reasonably related to the value of the personal data to our business, considering the expenses that we incur to collect, store, and keep personal data. We also considered the expenses related to providing the financial incentive and managing its administration.

Your Privacy Rights

You may have the rights listed below (“Data Subject Rights”) with respect to the personal data that we collect or process about you, however, these rights differ depending on your place of residency, including California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia.

Please note that we reserve the right to honor your Data Subject Rights to the extent required by applicable law.

Right to Confirm Processing, Access, and/or Obtain a Copy (referred to in some places as a Data Subject Access Request): If you ask us, we will confirm whether we are processing your personal data. Additionally, upon request, we will provide you with a copy of all personal data you are lawfully entitled to receive, potentially including specific pieces of information, along with certain other details.
Right to Amend: If you believe your personal data is inaccurate or incomplete, you may request that we correct it.
Right to Delete: You may request that we delete personal data that we maintain about you.
Right of Portability: You may request that we move, copy, or transfer the electronic personal data that we hold about you to another organization.
Right to Revoke Consent and/or Opt Out of Certain Processing Activities: You may ask us to restrict or stop the processing of your personal data. This includes general requests and requests in specific contexts, such as if we process personal data that is considered “sensitive” under applicable U.S. state laws or engage in certain automated decision-making activities.
Right to Limit Use and Disclosure of Sensitive Personal Data: You may ask us to limit the use and disclosure of sensitive personal data.
Right to Opt Out of Targeted Advertising or “Sharing”: Targeted advertising is the practice of serving you tailored advertisements based your personal data gathered over time and across other businesses, websites, applications, or services. Some jurisdictions may refer to this activity as “sharing.” You have the right to opt out of this practice.
Right to Opt Out of Sales: Some jurisdictions may consider targeted advertising a “sale” of personal data. You may request that we not “sell” your personal data.
Right to Non-Discrimination: We will not discriminate against you for exercising Data Subject Rights, but we may charge a reasonable fee as permitted by law in fulfilling these rights, such as if you request multiple copies of your personal data.
Right to Appeal: If we deny your request to exercise a Data Subject Right, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please be sure to include information about your prior request so that we may locate our earlier determination.
Right to Lodge a Complaint: You may submit a complaint to the competent supervisory authority in the country or state in which you live if you have any concerns about our processing of your personal data or if we deny your appeal to review a prior decision about your Data Subject Rights.

If you or your authorized agent would like to exercise a Data Subject Right, you may do so by following the instructions in “Contact Us” below.

In order to process your request to exercise a Data Subject Right, we will ask you to verify your identity by confirming your name, e-mail address, phone number, or other identifiable information that we have in our records, such as most recent interaction with us, if applicable.

If you exercise your right to appeal our determination with respect to your Data Subject Rights, and we deny your appeal, you may have the right to submit a complaint to your regulator. Information for your relevant regulator may be found below:

California Residents: You may contact the California Privacy Protection Agency here and the California Attorney General here.
Colorado Residents: You may contact the Colorado Attorney General here.
Connecticut Residents: You may contact the Connecticut Attorney General here.
Delaware Residents: You may contact the Department of Justice here.
Iowa Residents: You may contact the Iowa Attorney General here.
Indiana Residents: You may contact the Indiana Attorney General here.
Maryland Residents: You may contact the Consumer Protection Division here.
Minnesota Residents: You may contact the Minnesota Attorney General here.
Montana Residents: You may contact the Montana Attorney General here.
Nebraska Residents: You may contact the Nebraska Attorney General here.
Nevada Residents: You may contact the Nevada Attorney General here.
New Hampshire Residents: You may contact the New Hampshire Attorney General here.
New Jersey Residents: You may contact the Division of Consumer Affairs here.
Oregon Residents: You may contact the Oregon Attorney General here.
Rhode Island Residents: You may contact the Rhode Island Attorney General here.
Tennessee Residents: You may contact the Tennessee Attorney General here.
Texas Residents: You may contact the Texas Attorney General here.
Utah Residents: You may contact the Utah Attorney General here.
Virginia Residents: You may contact the Virginia Attorney General here.

Additional Disclosures for California Residents

If you reside in California, please read this section for additional disclosures about how we collect, use, and disclose information about you under the California Consumer Privacy Act (or “CCPA”) (California Civil Code Section 1798.100 et seq.).

Categories of Personal Information Collected: In the previous 12 months, we have collected the personal information listed in the section “What personal data do we collect about you?” above. This information falls into the following categories under the CCPA: identifiers; categories of personal information described in Cal. Civ. Code 1798.80(e); commercial information; geolocation information; audio, electronic, or visual information; internet or electronic network activity information; inferences drawn from the above categories.
Sensitive Personal Information Uses or Disclosures: The data that we capture about Consumers’ or Site Users’ interactions with some of our health-related online content intended for Consumers (like EContraOneStep.com) may be considered sensitive personal information related to your health and/or sex life. We use this interaction data to support cross-context behavioral advertising. You may request that we limit this use of personal information by contacting us as described in Contact Us at the end of this Privacy Policy.
Business or Commercial Purpose for Collecting and Selling Information: We collect personal information for the business and commercial purposes described in “What personal data do we collect about you?” and “How do we use your personal data?” above.
Categories of Sources of Personal Information: We collect personal information from and about you as described in “How do we collect personal data about you?” above.
Categories of Third Parties with Whom We Disclose Information: We may disclose your personal information with third parties as described in “How do we disclose your personal data?” above.
Categories of Personal Information Disclosed: In the preceding 12 months, we have disclosed the categories of personal information listed in “What personal data do we collect about you?” for the reasons described in “How do we disclose your personal data?” above.
Sale or Share of Personal Information: Because we engage in the practice of cross-context behavioral advertising, also known as online targeted advertising, we may “sell” and/or “share” your personal information as those terms are defined by the CCPA. In the preceding 12 months, we may have “sold” or “shared” identifiers, commercial information, employment or professional information, health and/or sex life information (usage and interaction data with certain health-related webpages in our Platform intended for Consumers like EContraOneStep.com), and internet or electronic network activity information with data analytics, advertising networks, and/or social media networks. We do not have any actual knowledge that we sell or share the personal information of users under the age of 16.

Cross Border Transfers

Company is headquartered in the United States and uses service providers around the world. As part of our data processing activities, we may transfer your personal data across borders, including into countries whose laws protecting personal data may not be as robust as your home country’s laws.

Updates to this Privacy Policy

This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. If we make any changes to this Privacy Policy that materially affect our practices with regard to the personal data we have previously collected from you, we will endeavor to provide you with notice in advance of such change by notifying you of the change on our Site or Platform, or by sending you an email. Your use of the Site or Platform following any such updates will constitute your acceptance of such updates.

For questions about our privacy policy, to make choices about receiving promotional communications, to request to exercise a Data Subject Right, or to update your personal data, you can contact us by calling us at 855-423-2997, emailing notices@afaxys.com, or by writing us at Attn: Legal Department, PO Box 20158, Charleston, SC. 29413. If you would like to request to exercise a Data Subject Right, you may also use our webform, available here.

Additional Information for Job Applicants

This section supplements the information provided above and describes the additional personal information we collect when you apply for a job with the Company. We may collect the personal information in the below list in the following ways: directly from you; from publicly available sources, such as government entities, public records systems, and social media networks; data analytics providers and data brokers; or as you may otherwise authorize, such as former employers or references.

Please note if you use our Platform in the job application process, additional information is collected, as described above. We may collect the personal information categories listed in Cal. Civ. Code § 1798.80(e) (the California Customer Records Statute) in addition to the categories of personal information listed below. Items with an asterisk (*) may be considered “sensitive” personal information according to the CCPA.

Identifiers*: Government-issued identification numbers, including your Social Security, driver’s license, passport, state identification card, or military identification card numbers.
Public records and background check information (pursuant to your consent in accordance with applicable law): Current and past addresses, court records, credit and criminal history, and drug test results.
Demographics and Protected Classifications*: Citizenship, gender, date of birth, age, and other traditionally protected classifications that you choose to disclose, such as race and ethnicity, marital status, sexual orientation, veteran or military status, disability, and medical status.
Professional or Employment Related Information: professional associations and employment history, including name of employer, position, employer contact information, and associated employment records.
Educational Information: educational institutions attended, degrees and certifications attained, and other educational or student records, which may include details about attendance, grades, and academic and disciplinary history.

We generally collect this personal information in order to evaluate your application for employment. For more details about how we use and disclose the personal information listed here, please refer to “How do we use your personal information?” and “How do we disclose your personal information?” above.

Afaxys Health Data Privacy Policy

Effective date: March 5, 2026

Last updated: March 5, 2026

This Health Data Privacy Policy (“Policy”) describes how Afaxys, Inc., Afaxys Pharma, LLC, Afaxys Drug Development, LLC, and Afaxys Group Services, LLC (“Company,” “we,” “us,” or “our”) processes “Consumer Health Data” or any similar term as defined under state law (collectively “Health Data”), about consumers who reside in the states of Nevada, Washington, and any other applicable U.S. jurisdiction in connection with all Company operations as well as websites (including EContraOneStep.com), mobile applications, and digital services where this Policy is linked or posted (“Services”). Please carefully read this Policy as it contains important information concerning your Health Data and how we use it.

This Policy describes how we process Health Data about you. This Policy does not apply to: (i) Protected Health Information (“PHI”) governed by the Health Insurance Portability and Accountability Act (“HIPAA”), such as when PHI about you is processed in the context of patient support or programming efforts that we sponsor or (ii) health information that is used to engage in public or peer-reviewed scientific, historical, or statistical research that adheres to all other applicable ethics and privacy laws. For more information about how we process personal data about you, please visit our Privacy Policy.

Health Data does not include other data that does not meet the definition of “Consumer Health Data” or any similar term under applicable law, such as aggregate or deidentified data. To the extent that we process deidentified data, we will maintain and use the data in deidentified form and will not attempt to reidentify the data unless permitted by applicable law. Deidentified data that is reidentified and otherwise qualifies as Health Data is subject to this Policy.

We collect the following categories of Health Data:

Use or purchase of prescribed medications;
Reproductive or sexual health information;
Information that could identify your attempt to seek health care services;
Any other health-related information that you voluntarily disclose to us, including through any interactive tools or otherwise through the Services; and
Any inferences based on the above categories or derived or extrapolated from non-health information that identify your past, present, or future physical or mental status.

We collect Health Data from the following categories of sources:

Directly from you when you share it with us through the Services, including through any interactive tools;
From third-party sources, such as public or government sources, companies that provide marketing or advertising services, and social media platforms; and
Through our service providers that support the Services. This may include the use of cookies, pixels, web beacons, and similar technologies to collect information about you over time and across different websites, including the Services.

We collect, use, and disclose Health Data for the following business purposes:

To provide, operate, maintain, and protect our Services, including through the use of AI tools that help us provide the Services;
To analyze and improve our Services, including developing new products or services (in accordance applicable privacy law);
To identify potential clinical research opportunities and to facilitate and conduct research for potential publication;
To communicate with you, respond to your inquiries, and send you information by email, postal mail, telephone, text message, notifications, interactive AI tools or channels, or other means, including promotional content about our products and services. We may also process your Health Data to inform our marketing or advertising efforts to provide more relevant content;
To enhance and help us better understand your browsing experience, needs, and preferences and provide consistent, personalized services and experiences in our Services;
To protect the security or integrity of the Services;
To protect us, our users, and the public, and comply with applicable law, regulation, or legal process, including to validate user information for fraud and risk detection purposes, resolve disputes and protect the rights of users and third parties, respond to claims and legal process (such as subpoenas and court orders), fulfill our reporting obligations, and monitor and enforce compliance with our contracts, and otherwise detect, prevent, or stop any activity that may be illegal, unethical, or legally actionable; and
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Health Data held by us about our customers is among the assets transferred.

We disclose some or all of the above categories of Consumer Health Data for the purposes described above with the following third parties and affiliates:

As legally required in relevant legal proceedings and otherwise to the extent required or explicitly permitted by applicable law, including cooperating with law enforcement investigations and requests;
Clinical research organizations, researchers, and healthcare institutions we collaborate with for research activities, in compliance with applicable law;
Third-party providers that support any telehealth, find-a-provider, or similar services;
Service providers that support the Services (such as providers of data hosting and analytics services, IT and security vendors, marketing and advertising providers, communications and customer service providers, and product fulfilment and delivery vendors) and professional advisors (such as attorneys, consultants, or accountants);
Third parties within the context of a merger or similar business transaction; and
Other third parties at your direction.

Your Privacy Rights

Depending on your place of residency, you may have some or all of the following rights regarding your Health Data, subject to applicable law and certain exceptions:

Right to Confirm and Access: If you ask us, we will confirm whether we are collecting, sharing, or selling your Health Data. You may request that we provide you with a copy of the Health Data that we maintain about you. At your request, we will provide a list of all third parties and affiliates with whom we have shared or sold your Health Data.
Right to Correct: If your Health Data that we maintain is inaccurate and you would like us to correct it, you may request that we make changes to it.
Right to Withdraw Consent: Where we have relied on your consent or authorization for certain processing of your Health Data, you may withdraw that consent or authorization at any time, including if we requested your authorization to “sell” your Health Data.
Right to Delete: You may request that we delete the Health Data we maintain about you.
Right to Appeal: If we deny your request to exercise any of the above rights, you may request to appeal this decision.

To exercise any of the above rights, you or your authorized agent may do so by following the instructions in “Contact Us” below. To process your request, we may ask you to verify your identity by confirming your name, e-mail address, phone number, or other identifiable information that we have in our records, such as your most recent interaction with us, if applicable.

Updates to this Policy

We may update this Policy from time to time and notify you in accordance with law, which may include email or other notice posted to the Services. Any changes to this Policy will become effective when we notify you of the changes. Your use of the Services following any such updates will constitute your acceptance of such updates.

For questions about our Policy, to make choices about receiving promotional communications, or to request to exercise a right described in this Policy, you can contact us can by email, at notices@afaxys.com or by writing us at Attn: Legal Department, PO Box 20158, Charleston, SC. 29413.

Effective: April 30, 2026

Afaxys Terms of Use

THESE TERMS OF USE (“TERMS OF USE”) ARE BETWEEN YOU AND AFAXYS AND ITS SUBSIDIARIES OR AFFILIATES (“AFAXYS”, “WE”, “US” OR “OUR”) WITH REGARD TO THE AFAXYS SITE (DEFINED BELOW). PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING THE SITE. BY USING OR ACCESSING THE SITE OR BY PROVIDING INFORMATION THROUGH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IN ADDITION, IF YOU ARE USING A PARTICULAR SERVICE ON THE SITE OR ACCESSED VIA THE SITE, YOU AGREE TO BE SUBJECT TO ANY RULES OR GUIDELINES APPLICABLE TO SUCH SERVICES IN EFFECT AT THE TIME YOU USE THE SERVICES OR ACCESS THE SERVICES, AND SUCH RULES OR GUIDELINES WILL BE INCORPORATED BY REFERENCE WITHIN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR YOU DO NOT MEET ANY ELIGIBILITY REQUIREMENTS ESTABLISHED BY AFAXYS FOR USE OF AND ACCESS TO THE SITE, YOU MAY NOT ACCESS, VIEW, OBTAIN SERVICES FROM, OR OTHERWISE USE THE SITE. YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, OR IF YOU ARE UNDER THE AGE OF 18 THAT YOU HAVE PARENTAL OR GUARDIAN CONSENT PRIOR TO USING THIS SITE. YOU AGREE TO THE TERMS AND CONDITIONS OF THE AFAXYS PRIVACY POLICY HEREBY INCORPORATED BY REFERENCE, WHICH DETAILS THE WAYS IN WHICH WE USE AND DISCLOSE PERSONAL INFORMATION THAT BELONGS TO OR IS RELATED TO YOU.

THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE THAT AFFECTS YOUR RIGHTS. IN THE EVENT THESE TERMS OF USE ARE FOUND TO NOT BE SUBJECT TO THE FEDERAL ARBITRATION ACT, THESE TERMS OF USE ARE SUBJECT TO ARBITRATION PURSUANT TO S.C. CODE SECTION 15-48-10 ET SEQ.

“SITE” DEFINED

The “Site” encompasses the AFAXYS websites, including without limitation those accessible at or through http://www.AFAXYS.com and all associated AFAXYS web pages, including without limitation all content, materials, information, policies, modifications, updates, enhancements, revisions, new features, and/or new web properties of such pages, along with all Site services provided through such websites and web pages. The purpose of the Site is to (a) provide users of the publicly accessible portion of the Site with access to certain content concerning AFAXYS, its products and services, and related information as a complimentary service for informational and educational purposes only, and (b) provide certain client tools to users of the password-protected portion of the Site (collectively, “Purpose”).

MODIFICATION OF THESE TERMS OF USE AND THE SITE

You are responsible for regularly reviewing these Terms of Use. AFAXYS has the right, but not the obligation, to correct any errors or omissions in any portion of the Site and these Terms of Use. AFAXYS reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of the Site or these Terms of Use, in whole or in part, at any time. All changes to these Terms of Use are effective immediately upon being posted to the Site. Your continued use of the Site following any changes to these Terms of Use will mean you accept these changes.

SITE USE

Restrictions on Use

You agree to use the Site only as provided herein. You will not:

Use the Site or any of the Services in a manner inconsistent with the Terms of Use or any and all applicable laws and regulations.
Transmit to the Site any content, or conduct yourself in any manner, that could be construed as defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, violent, profane, threatening, unfair, inaccurate, deceptive or unlawful, or that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law.
Falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or that is provided with Site materials or accessed through the Site.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Send any bulk commercial email, or send any unsolicited email to any party.
Harvest or otherwise collect information about others, including email addresses.
Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
Use the Site in any manner that could create a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Violate any code of conduct or other guidelines which may be applicable to any particular Site services.
Violate any applicable laws or regulations, including but not limited to any intellectual property laws or regulations, or violate these Terms of Use.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or of the Site server.
Access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Site, including misrepresentation as an AFAXYS agent or representative, or misrepresentation stating or implying our endorsement of you or your product or activity.

INFORMATION DISCLOSURE

Disclosure Under Law

AFAXYS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including but not limited to personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, at AFAXYS’ sole discretion.

Providing Correct Personal Information

In the course of using the Site, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You represent and warrant that you will provide AFAXYS with full, true and correct Information, and to maintain and promptly update such Information on the Site. AFAXYS will not be liable for any damages caused by your submission of inaccurate or untruthful Information or failure to maintain or promptly update such Information.

You are responsible for maintaining the confidentiality and security of your password and account credentials, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AFAXYS of any unauthorized use of your password or account, and (b) ensure that you properly exit from your account at the end of each session. AFAXYS shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.

MATERIALS

License in Materials

AFAXYS does not claim ownership of any data, information (both personal or otherwise) or other materials that you enter through the Site (collectively, “Materials”). There are two types of Materials: (a) Materials that are uploaded through the accounts of users of the password-protected portion of the Site for purposes specific to such user (collectively, “Account Materials”), and (b) Materials that are uploaded by users for purposes of general dissemination, such as postings to any blogs that AFAXYS may offer, or Feedback, defined below (collectively, “General Materials”). By transmitting, uploading, inputting, providing or submitting (collectively, “Submitting” or “Submit”) any Account Materials, you are granting AFAXYS, its affiliated companies and sublicensees a non-exclusive, royalty-free, worldwide right to post such materials for your access and use while your account with AFAXYS remains open and to archive such materials thereafter. By Submitting any General Materials, you are granting AFAXYS, its affiliated companies and sublicensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicenseable license in and to such General Materials, and confirming that such General Materials are non-confidential and non-proprietary. You hereby waive all rights to any claim against the AFAXYS Entities (defined below) and any Site users for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Materials. In the event that you submit to AFAXYS any Account Materials for the purpose of making such materials generally accessible to other Site users, such as posting such materials on AFAXYS’ blog, such materials will be deemed General Materials and you grant AFAXYS a General Materials license in such materials.

Feedback

If you provide AFAXYS with Materials such as comments, bug reports, feedback or modifications proposed by you to AFAXYS, the Site, or the goods and/or services provided through the Site (collectively, “Feedback”), then in addition to the license granted in all Materials, AFAXYS will have the right to use such Feedback at AFAXYS’ discretion, including but not limited to incorporating such Feedback into the Site and the right to assign, license or otherwise use such Feedback. You hereby give AFAXYS a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Materials, as provided herein.

Your Responsibility for Materials and AFAXYS’ Monitoring Rights

You will be responsible for your own Materials and the consequences of transmitting those Materials. AFAXYS has no obligation to monitor your or any other user’s use of the Site. AFAXYS reserves the right to review and monitor your use of the Site, including without limitation your use of any user ID and/or password in accessing the Site and any Materials Submitted to or revised on the Site, and to remove any Materials that AFAXYS believes in its sole discretion violate these Terms of Use. AFAXYS reserves the right to restrict or terminate your access to the Site, including, without limitation, your access to any or all of the services provided thereunder or your ability to use any Site user ID and/or password, at any time without notice if we believe you have violated these Terms of Use or are likely to violate these Terms of Use. Your sole remedy against AFAXYS in the event of a dispute arising out of these Terms of Use, the Site or your use thereof, is to terminate these Terms of Use by ceasing your use of the Site. In the event of termination of these Terms of Use, AFAXYS may delete and/or store, at its discretion, Materials and data associated with your use of the Site. AFAXYS may also change, suspend, or discontinue any aspect of the publicly available portion of the Site at any time, including the availability of any Site feature, database, or content. With regard to the password-protected portion of the Site, AFAXYS will provide you with thirty (30) days’ notice prior to materially changing, suspending or discontinuing any aspect of this portion of the Site.

USER REPRESENTATIONS AND WARRANTIES

By using or accessing the Site or Submitting your Materials, you (1) represent and warrant that you own or otherwise control all of the rights to your Materials necessary to grant the licenses granted in this Section (Materials), including, without limitation, all the rights necessary for you to Submit the Materials, and have all right, power and authority to enter into these Terms of Use and to fully perform hereunder, (2) represent and warrant that your use of the Site, Site content and/or Materials does not and will not violate or infringe any third party right, including but not limited to any third party intellectual property right, right of publicity or privacy, right of trade secret or confidentiality, or contractual right, or violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject, (3) represent and warrant that you will comply with all applicable laws, contracts and/or agreements, at your sole expense and liability, in connection with your use of or access to the Site, (4) represent and warrant that you will Submit and use Materials only in accordance with the licenses you have granted herein and (5) agree that AFAXYS shall not be liable to you or any third party for accepting or not accepting your Materials or for deleting or not deleting your Materials, in whole or in part.

DISCLAIMERS

No Reliance or Medical Advice

Any content accessed through the Site is for informational purposes only, should not be interpreted as a diagnosis or medical treatment and is not intended to replace medical treatment. AFAXYS is not a healthcare provider; the Site is provided solely for the Purpose and should not be used in place of a visit or consultation, or of otherwise securing the advice of a physician or other healthcare or professional services provider. You should not use the Site during a medical emergency or to diagnose or treat a disease or health problem. You acknowledge that AFAXYS does not render legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice from the appropriate physician or healthcare professional promptly for any situation or problem that you or a patient may have or if you are uncertain or have any questions about information accessed through the Site. Do not ignore or delay obtaining professional medical advice because of information accessed through the Site.

Call 911 or your doctor for all medical emergencies. AFAXYS IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY, FAILURE OF THE SERVICE, INFORMATION, AND/OR PRODUCTS YOU OBTAIN THROUGH THE SITE TO DIAGNOSE, TREAT, OR ADDRESS A MEDICAL CONDITION OR EXASCERBATION OF A MEDICAL CONDITION.

Forward Looking Statements

The Site may include statements concerning AFAXYS operations, prospects, strategies, financial condition, future economic performance and demand for AFAXYS products or services, as well as its intentions, plans and objectives, are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on or in the Site, 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 Site and the information contained herein do 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 AFAXYS securities-related filings or documents. AFAXYS assumes no obligation, and does not intend to update these forward looking statements.

External Links or References

The Site may contain links or references to other parties’ sites, which links are provided as a convenience to you only. Use of these sites and services and reliance on this content is solely at your own risk. Please be aware that we cannot be and are not responsible for the privacy or other practices of any such outside sites (which sites are not part of the Site), and AFAXYS expressly disclaims any and all liability related to such sites and sites relating thereto. AFAXYS does not endorse, and is not responsible or liable for, directly or indirectly, any damage or loss caused or alleged to be caused by or in connection with any content, advertising, products or other information on or available from such linked sites or any link contained in a linked site. In particular, we do not accept any liability arising out of any allegation that any third-party owned content (whether published on the Site or any other, web site) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third-party website or content. We encourage our users to consider this if they decide to visit such outside sites and to read the applicable privacy policies and terms of use of each such site. Information, News and Press Releases

The Site may contain information, news and/or press releases about AFAXYS. While this information was believed to be accurate as of the date it was prepared, AFAXYS disclaims any duty or obligation to verify or update this information, news or any press releases. Information about companies, agencies, individuals, products, subjects, or entities other than AFAXYS contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by AFAXYS.

Disclaimer of Representations and Warranties

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. EFFORTS BY AFAXYS TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, IS PROVIDED “AS IS,” AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES AFAXYS’ PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.

Disclaimer of Liability

IN NO EVENT SHALL AFAXYS AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH AFAXYS, THE “AFAXYS ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF AFAXYS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM AFAXYS’ NEGLIGENCE OR GROSS NEGLIGENCE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF THE AFAXYS ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.

INDEMNIFICATION

You will indemnify and hold harmless the AFAXYS Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys’ fees and all other costs, fees, and expenses (collectively, “Claims”) against any of the AFAXYS Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the Site, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms of Use, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of AFAXYS, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the AFAXYS Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to the AFAXYS Entities pursuant to this Section.

YOUR ACCOUNT

Security of Account and Password

In the event you establish an account and receive or establish a password for such account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account or password. AFAXYS reserves the right to refuse service, terminate accounts, or remove content at its sole discretion. You agree to ensure that you properly exit from your account at the end of each session. You represent and warrant that the information you supply during any registration or update process will be accurate and complete and that you will not (1) impersonate or misrepresent your association with any person or entity, including without limitation registering under the name of another person, or seek to conceal or misrepresent the origin of any content or information provided by you, (2) choose a user name that AFAXYS in its sole discretion deems inappropriate, or (3) choose a user name for the purposes of deceiving or misleading AFAXYS as to your true identity. You agree not to impersonate any other person.

The following actions are expressly prohibited in relation to your user name and password used on the Site:

Sharing, disclosing, permitting access to, or otherwise facilitating the use by any person of your user name and password;
Using the user name and password to access the Site in such a manner as to be accessible by persons who have not properly registered with AFAXYS; or
Using the user name and password to permit multiple persons access to the Site through a local or wide area network.

If you have forgotten your user name or password, AFAXYS will use an email address previously provided by you to send your user name or temporary password. You understand that any other individuals using the same email address will be able to gain access to your account information, but only if they provide the correct answers to your security questions.

Your use of the Site and any content accessed through the Site must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the secure Site, or you must be the legal guardian for someone under age 18 whose data is accessed through the secure Site. You may not interfere with or disrupt the proper operation of the Services.

If you use AFAXYS mobile site to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.

Notification of Unauthorized Use/Ceasing Access

You shall notify AFAXYS immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of any password, and will cooperate with AFAXYS in every reasonable way to help AFAXYS prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or your password. You agree that immediately upon termination of your right to use the Site, or upon any earlier demand by AFAXYS at any time, you will cease all access and/or use of the Site, and will not attempt to access and/or use the Site.

Authorization to Contact

By creating an account, you authorize AFAXYS to contact you using the contact information that you provide when creating your account for purposes pertaining to your account. AFAXYS may send you emails and text messages, including with the use of an autodialer, for purposes of providing services and promoting other products to you. You may opt out of such communications by replying “opt out” or contacting us and requesting to opt out.

AFAXYS shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.

CONFIDENTIALITY

You acknowledge that by use of portions of the Site, you may use and you may acquire AFAXYS Confidential Information. As used herein, “Confidential Information” means all confidential and/or proprietary information and trade secrets of AFAXYS, whether or not memorialized, and in any form or media, regarding AFAXYS or AFAXYS’ business, including without limitation those relating to AFAXYS’ intellectual property, technology, research and development, systems, software, business plans, business operations, strategies, financial information, technical information, customers, customer lists, suppliers, operating policies and procedures, and any third-party information that AFAXYS is required to keep confidential where such information is not generally accessible without a password. “Confidential Information” includes any account passwords. You shall not at any time, directly or indirectly, for any purpose, use, copy or disclose to any other person or entity any Confidential Information, or permit others to do so, other than for the purposes expressly allowed hereunder. AFAXYS may seek and obtain injunctive relief against the release or threatened release of Confidential Information, in addition to any other available legal remedies. You shall notify AFAXYS immediately if you learn of any unauthorized possession or use of the Confidential Information and will promptly furnish all details of such possession or use to AFAXYS.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

Site Ownership

The Site and all content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site (collectively, “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Site and all Content is the property of AFAXYS and/or third-party licensors, and all right, title and interest in and to the Site and Content will remain with AFAXYS or such third-party licensors. Other product and company names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the Site or any Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any Site content. You may only use the Site and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the Site or Site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of AFAXYS and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.

None of the names, trademarks, service marks and logos of AFAXYS appearing on the Site may be used in any advertising or publicity, or otherwise to indicate AFAXYS’ sponsorship of or affiliation with any product or service without express written permission of AFAXYS. Nothing contained within the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on or through the Site without the written permission of AFAXYS or the third-party owner of the trademark, if any. The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.

All trademarks, logos and brand names are the property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.

Copyright Infringement Claims

AFAXYS respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AFAXYS’ Designated Copyright Agent, identified below, with all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, summarized as follows: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.

Copyright Agent

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the AFAXYS Designated Copyright Agent using the following contact information:

Office of General Counsel
P.O. Box 20158
Charleston, SC 29413
1-843-577-0703
1-843-577-7735
notices@afaxys.com

ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.

DISPUTE RESOLUTION (ARBITRATION CLAUSE)

Binding Arbitration

You and AFAXYS each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms of Use to arbitrate), your or AFAXYS’ rights and obligations under these Terms of Use, the Site, the use of the Site, and/or the information, services and/or products that may be provided by or through or in connection with the Site. The arbitration will be held in the State of South Carolina before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. The arbitration will be administered by JAMS (http://www.jamsadr.com). You may obtain a copy of the rules of JAMS by contacting the organization. You and AFAXYS shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate AFAXYS’ intellectual property rights, AFAXYS may seek (and you will not contest) injunctive or other appropriate relief in any state or federal court in Charleston, South Carolina, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration Final

The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

Giving Up Right of Class Action

These Terms of Use provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE AFAXYS ENTITIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.

California Residents

If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.

CHOICE OF LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the United States of America and the State of South Carolina, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. To the extent a Dispute is not governed by the Arbitration Clause, you hereby consent to the exclusive jurisdiction and venue of courts in Charleston, South Carolina in all disputes arising out of or relating to the use of the Site or under these Terms of Use; provided, however, that in the event AFAXYS is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by AFAXYS hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by AFAXYS therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use.

In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. To the extent a claim is not governed by the Arbitration Clause, AFAXYS® and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms of Use, your or AFAXYS®’ rights and obligations under these Terms of Use, the Site, use of the Site, and/or the services and/or products that may be provided by or through or in connection with the Site.

MISCELLANEOUS

Viewing, Accessing and Use Outside the United States

If and when any products or services referenced on the Site become available, they will become available in the United States and may not become available elsewhere. AFAXYS makes no claims that the Site or any products or services referenced therein may be lawfully viewed, accessed or used outside the United States. Access or use of the Site or any products or services referenced therein may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

No Joint Venture

You agree that no joint venture, partnership, employment or agency relationship exists between you and AFAXYS as a result of these Terms of Use or your use of the Site.

Headings

Section headings in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance.

Survival

The provisions of the following sections shall survive any termination or expiration of these Terms of Use: Materials, User Representations and Warranties, Disclaimers, Indemnification, Confidentiality, Copyright and Other Intellectual Property, Dispute Resolution (Arbitration Clause), Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial, and Miscellaneous.

No Waiver

The failure of AFAXYS to enforce any provision of these Terms of Use will not be construed as a waiver or limitation of AFAXYS’ right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Use.

Assignment

No assignment, delegation or other conveyance of these Terms of Use may be made by you (by operation of law or otherwise) without the prior written consent of AFAXYS, to be given in its sole discretion. AFAXYS may assign its rights and obligations hereunder to any other party.

Statute of Limitations

Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.

Agreement Binding

In the event that any provision of these Terms of Use is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.

Notices

Notices to AFAXYS under these Terms of Use shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to AFAXYS, with such notices being effective as of the date of actual, confirmed receipt by AFAXYS. Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.

Entire Agreement

These Terms of Use contain the entire agreement between you and AFAXYS with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AFAXYS with respect to the Site. Any rights not expressly granted herein are reserved. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. The headings and other captions in these Terms of Use are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms of Use. Those terms and conditions of these Terms of Use that assign liabilities to the parties extending beyond the term of these Terms of Use shall survive termination of these Terms of Use.

To report SUSPECTED ADVERSE REACTIONS, contact Afaxys at 1-855-888-2467 or report via the FDA MedWatch Program at www.fda.gov/medwatch or 1-800-FDA-1088.