Terms of Use

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE.

Copyright and Trademark Information

Merrimack Pharmaceuticals, Inc. (“Merrimack”) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy for the “www.merrimack.com” web site (the "Site").

Please read this Privacy Policy before using the Site or submitting information. This Privacy Policy covers only information that is collected through the Site and does not cover information that may be collected through any other means by Merrimack. By using the Site, you waive any rights and indicate your acceptance of this Privacy Policy. If you do not accept this Privacy Policy, do not use the Site.

Information We Collect and How We Use It

Our primary purpose in collecting personal information is to provide you with an efficient and secure way to obtain information about Merrimack, send you news alerts or consider your qualifications for a position at Merrimack. We collect only personal information about you that we consider necessary for achieving these purposes. To assist with these uses, we may supplement the personal information you provide to us with information we obtain from other sources, such as public records, demographic information and other background information supplied by information services or third parties as well as information from your use of social networking sites. Personal information that you submit to us via the Site will be maintained on servers located in the United States. If you do not consent to having your personal information processed and stored in the United States, please do not provide it to us. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. We may track certain information based upon your behavior on the Site. We use this information to analyze how the Site is used. .

For non-healthcare professionals and consumers, if you provide us with personal information, you agree that this information may be provided to other parties that we are working with, including, without limitation, to our affiliates and co-promotion partners, and that Merrimack and such other parties may contact you through a variety of means such as mail, phone or e-mail to provide you with programs, services and educational information we believe may be of interest to you unless you opt out of these communications by contacting us as indicated below.

For healthcare professionals, we may contact you through a variety of means such as mail, phone or e-mail to provide you with information and offers we believe may be of interest to you unless you opt out of these communications by contacting us as indicated below. If you do not opt out of these communications, we may also share this information with providers of services to Merrimack who help Merrimack develop programs and provide services that may be of interest to you, or for information processing, mailing and/or Internet-based delivery purposes.

From time to time we may obtain from third party sources personal information on healthcare professionals. This information is used to verify such things as professional status, identity and specialty when providing tailored information or communications.

If you contact us to report on your experience, or the experiences of your patient, with the use of our products or product candidates, we may contact you for follow-up information. We may also use the information you provide to submit reports of side effects to government agencies such as the U.S. Food and Drug Administration, or as otherwise required by law.

Like many web sites, we automatically gather certain information about our Site traffic and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users’ movements around the Site and to gather demographic information about our user base.

This Privacy Policy places no restriction on the use of non-personal information we collect from your visit, or de-identified or aggregated information. We will not treat as confidential any information that you provide that is not personal, such as questions, comments, ideas or suggestions. You should be aware that we will be free to disclose through any means and use for any purpose such information in our sole discretion. By providing such information to us, you understand and agree that no relationship has been created between Merrimack and you, and Merrimack has no obligation to you whatsoever regarding that information.

Use of Cookies

Periodically, some pages on the Site may use “cookies,” which are small files that the Site places on your hard drive for identification purposes. These files are used for Site registration and customization the next time you visit us. We may use third parties to collect anonymous traffic data on our behalf. You should note that cookies cannot read data off of your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. You can also refuse all cookies by turning them off in your browser. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on the Site.

Resume Submission

Merrimack allows online submission of resumes in response to job postings on the Site. Your personal information contained in your resume is subject to this Privacy Policy. You agree not to post any false or inaccurate biographical information. Recruiters representing candidates may not send candidates’ resumes in response to job postings on the Site. There is a risk that your resume may be lost or intercepted by a third party if you submit it to Merrimack through the Site. Merrimack cannot be held responsible for any loss arising from the transmission or use of resumes obtained through the Site. In addition, Merrimack may contract with a third party service provider to host the resume submission page.

Communication from Us or the Site

If you wish to receive information or news alerts from us, we will request your name and email address to send the information or alerts to you. We may also request your address, home number and company affiliation for inquiries you make under the “Investor Relations” section of the Site.

If you no longer wish to receive our news alerts and informational materials, you may opt-out of receiving them by following the instructions included in each email notifying you of an alert or by submitting your email under the “Email Alerts” link under the “Investors” section of the Site and following the instructions.

Conditions Under Which We Share Information

We may share aggregated demographic information about our user base with third parties that may or may not be affiliated with us, but this information does not identify individual users. We do not link aggregate user data with personal information.

We share personal information with third parties that we rely upon to operate and administer the Site and to process requests and transactions made through the Site. We disclose information as needed for these service providers to perform their functions, but do not authorize the service providers to use the information for other purposes. You expressly consent to the sharing of your personal information with our service providers for such purposes.

We reserve the right to disclose your personal information as required by law, when we believe that disclosure is necessary to protect our rights; to protect the rights, property or safety of other persons; to comply with a judicial proceeding, court order or legal process served on us or the Site; or to a potential or actual acquiror who purchases Merrimack or the assets to which such information pertains. We may also disclose personal information in accordance with any notice provided to you at the time such information is collected, or as you otherwise authorize.

Users Outside of the United States

The Site is not intended for use by individuals who are not residents of the United States. Your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing information to us, you acknowledge that we operate in the United States and agree to (1) permit us to transmit and use your personal information anywhere necessary, including across international boundaries, to affect the services and transactions provided by Merrimack, and (2) that such use by us shall be subject to the terms and conditions stated in this Privacy Policy.

Links to Other Sites

This Privacy Policy applies only to information collected by the Site. The Site contains links to other web sites that are not owned or controlled by Merrimack. Please be aware that we are not responsible for the privacy policies of such other web sites. We encourage you to be aware when you leave the Site and to read the privacy policies of each and every web site that collects personal information.

Access to Personal Information

You may view, correct or delete personal information that we may maintain about you by contacting Merrimack’s Legal Department. However, even if you delete or change your personal information, it may still be stored on other databases, including those kept for archival purposes. Should you elect to delete your personal information, it cannot be used by us or disclosed to third parties in the future unless required by law. Please also note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or method of electronic storage is completely secure or error-free, and we cannot guarantee its complete security.

Online Privacy for Children

The Site is intended for users over the age of 18, and we do not knowingly collect personal information online from children under 13. If a child has provided us with personal information, the parent or guardian of the child may contact Merrimack’s Legal Department, and we will take steps to remove such information.

Changes in this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. You are bound by any such modifications and therefore should periodically check back to review the most current Privacy Policy, especially before you provide any personal information.

For Additional Information

If you have any questions about this Privacy Policy, please contact Merrimack’s Legal Department by email at compliance@merrimack.com, by calling (617) 441-1000, or by writing to us at Merrimack Pharmaceuticals, Inc., One Kendall Square, Suite B7201, Cambridge, MA 02139, Attention: Legal Department.