Privacy and Cookies Policy

1.0 Overview

1.1 Purpose

Phio Therapeutics Corp. and its affiliates (collectively, “Phio,” the “Company,” “we” or “us”) respects your privacy and understands that health is a very personal and private subject. Phio provides this privacy and information practices policy to inform you about our online information practices, the kinds of information we may collect, how we intend to use and share that information and how you can correct or change such information (“Privacy Policy”). We encourage you to read this Privacy Policy in its entirety before submitting any information. By using Phio’s websites, submitting or requesting information, you acknowledge that you understand and agree with the provisions of this Privacy Policy.​

1.2 Scope

This Privacy Policy applies to Personal Information that is processed by Phio in the course of our business, including on Company websites (together with any and all future websites operated by or on behalf of Phio, the “Sites”). All individuals whose responsibilities include the processing of Personal Information on behalf of Phio are expected to protect that data by adherence to this Privacy Policy.  This Privacy Policy is intended to meet requirements globally, including those in North America, Europe, the Asia Pacific and other jurisdictions.​

2.0 Transparency/Notice–Personal Information We Collect and How We Use It

The types of Personal Information we may collect (directly from you or from third-party sources) and our privacy practices depend on the nature of the relationship you have with Phio and the requirements of applicable law. We endeavor to collect information only relevant for the purposes of processing. Below are the legal bases and some of the ways we collect information and how we use it.​

2.1 Individuals

Phio collects Personal Information regarding its current, prospective and former study patients, employees, visitors and guests (collectively “Individuals”).​

2.2 Information Phio Collects

The data we collect from or about Individuals includes information that may be deemed Personal Information, such as title, name, address, age, birth date, phone number and email address. We may also collect other information that is not Personal Information, such as demographic information you choose to provide. In addition, if you participate in certain programs, we may collect information regarding your medications, medical history and other healthcare-related information, including, without limitation, Protected Health Information (collectively, “Health Information”), from Individuals or a third-party. For example, we may indirectly collect information about your health condition, diagnosis and treatment from your healthcare professional, but only where your healthcare professional has obtained your consent to disclose that information to us, as required by law. Any Health Information that is tied to an Individual’s Personal Information will be treated as Personal Information and we will take efforts to maintain its confidentiality.

Phio collects Personal Information from current, prospective and former employees, their contact points in case of a medical emergency and beneficiaries under any insurance policy (“Human Resources Data”). The Human Resources Data we collect may include title, name, address, phone number, email address, date of birth, passport number, driver’s license number, Social Security number or other government-issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, contact information of third parties in case of an emergency and beneficiaries under any insurance policy. We may also collect Sensitive Human Resources Data such as details of health and disability, including mental health, medical leave and maternity leave.​

2.3 How Phio Collects Personal Information

Some of the ways that Phio may collect your Personal Information include:​

  • Through Sites, surveys, business or marketing events, and when delivering programs to you.​
  • When you use Sites, Phio may provide you with opportunities to sign up to receive specific information and may ask for your contact information, so that we can send you specific information about our product candidate and specific health conditions, with your consent.​
  • When you enroll in a Phio program, we may obtain your contact information, details of your health condition, diagnosis, treatment and prescribing information relating to our investigational product.​
  • When obligated to collect certain Personal Information to comply with regulatory requirements, including information relating to adverse effects you have experienced when using our investigational product.​
  • As you navigate Sites, certain passive information may also be collected, including internet protocol addresses, cookies, navigational data, the name of the domain and host from which you access the Internet, the browser software you use and your operating system, the date and time you access our Sites, and the Internet address of the website from which you linked directly to our Sites. ​​

2.4 Information from Third-Party Sources

Phio may collect information about you from third-party sources to supplement information provided by you. This supplemental information allows us to verify information that you have provided to Phio and to enhance our ability to provide you with information about our business, investigational product and programs. Phio’s agreements with these third-party sources typically limit how the Company may use this supplemental information.

2.5 Research/Survey Solicitations

From time to time, Phio may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of our investigational product and programs. We may share anonymous individual and aggregate data for research and analysis purposes.​

2.6 How Phio Uses Your Personal Information

Depending on how you interact with Phio, we and our third-party service providers may also use Personal Information in a variety of ways, including:​

  • Providing Information and Services You Requested. Phio may use the Personal Information about you to provide you information that you may request (e.g., information about an investigational product or future programs in anticipation of commercialization, or other programs we are offering). Phio may also use your Personal Information to deliver a specific program to you, when you enroll to receive the program. Such use may include: (a) generally managing your information; (b) responding to questions, comments and requests; (c) providing access to certain areas and features of the Phio Sites; and (d) permitting you to register for events or participate in webinars.​
  • Administrative Purposes. Phio may use the Personal Information about you for its administrative purposes, including, without limitation, to: (a) measure interest in Phio’s Site and programs; (b) perform internal quality control; (c) verify identity; (d) send communications regarding the Phio Site, programs or services or any changes to any Phio policy; (e) prevent potentially prohibited or illegal activities; and (f) enforce our Terms of Use.​
  • Marketing Products and Services. Phio may use the Personal Information about you to provide you with materials about offers, investigational products and programs offered by us, including new content on Phio Sites. Phio may provide you with these materials by phone, postal mail, facsimile or email, as permitted by applicable law. If you do not wish us to use your Personal Information for marketing purposes, you may contact us at any time to opt out of the use of your Personal Information for such purposes, as further described below.​
  • Research and Development. Phio may use your Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally develop new products, processes and services.​
  • Information Submitted Via Sites. You agree that Phio is free to use the content of any communications submitted by you via the Sites, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or services. However, Phio does not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.​
  • Social Media. Phio may collect Personal Information to enable people to use online social media resources (e.g. social networks, discussion boards and referral functions to share content and tools) offered either by Phio or a third-party. We may also enable you to use these social media resources to post or share Personal Information with others. When using social media resources, you should take into careful consideration what Personal Information you share with others.​
  • Sharing Content with Friends or Colleagues. Phio’s Sites may offer various tools and functionality. For example, Phio may provide functionality on its Sites that will allow you to forward or share certain content with a friend or colleague. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Phio or any other Third Parties for any other purpose.​
  • Pseudonymous Data. Including as discussed below in Section 2.12, Phio may use and share your anonymized or aggregated information within the Phio group of companies or with third parties for public health, research, analytics and any other legally permissible purposes.​
  • Other Uses. Phio may use your Personal Information for other purposes disclosed to you at the time you provide Personal Information or with your consent.   ​​

2.7 Direct Mail, Email and Outbound Telemarketing

Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may receive periodic emails, newsletters, mailings or phone calls from us with information on Phio or our business partners’ products and programs or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the individual by following the instructions in Section 3 below.​

2.8 All Internet Users – Cookies, Pixel Tags/Web Beacons, Analytics Information and Interest-Based Advertising

2.8.1 Cookies

Like many other websites, Phio or its business partners may employ a cookie, or small piece of computer code that enables Web servers to “identify” visitors, each time an Individual initiates a session on the Company’s Sites. A cookie is set in order to identify Data Subjects; tailor our Sites to you; measure and research the effectiveness of our Sites’ features, offerings and advertisements; and authenticate users for registered services. Cookies can only access Personal Information that you have provided on our Sites and cannot be accessed by other sites. Data Subjects also have the ability to delete cookie files from their own hard drive at any time by clicking on the Privacy or History tab typically found on the Settings or Options menu in your internet browser. However, please also be advised that cookies may be necessary to provide access to much of the content and many of the features of Sites. ​

2.8.2 Pixel Tags/Web Beacons

Phio may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our Sites. A pixel tag can collect information such as the Internet Protocol (“IP”) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the browser type and language; the device type; geographic location; and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable email, we or our Third Party-service providers may use “format sensing” technology, which allows pixel tags to let us know whether you received and opened our email.​

2.8.3 Analytics Information

We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Sites, and to develop website content. This analytics data is not tied to any Personal Information.​

2.9 Anonymous and Aggregated Information

Phio may use your Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Phio Site or other online services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Sites. Anonymized or aggregated information is not Personal Information, and Phio may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within Phio and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.​

3.0 Choice/Modalities to Opt Out

You have the right to opt out of certain uses and disclosures of your Personal Information, as set out in this Privacy Policy.​

3.1 General

Where you have consented to Phio’s processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out by sending an email to ir@phiopharma.com. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out.​

Prior to disclosing Sensitive Data to a Third Party or Processing Sensitive Data for a purpose other than its original purpose or the purpose authorized subsequently by the Data Subject, Phio will endeavor to obtain each Data Subject’s explicit consent (opt-in). Where consent of the Data Subject for the Processing of Personal Information is otherwise required by law or contract, Phio will comply with the law or contract.​

3.2 Email and Telephone Communications

An “Unsubscribe” button will be provided at the top or bottom of each email communications sent by Phio so that you can opt-out. However, we may continue to send transaction-related emails regarding products or services you have requested in response to such request. We may need to send you certain communications regarding the Phio programs and services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms of Use or this Privacy Policy).​

We maintain telephone “do not call” lists and “do not mail” lists as mandated by law. We process requests to be placed on do not mail, do not phone and do not contact lists within 60 days after receipt, or such shorter time as may be required by law.​

3.3 Human Resources Data

With regard to Personal Information that Phio receives in connection with the employment relationship, Phio will use such Personal Information only for employment-related purposes as more fully described in section 2.3 above. If Phio intends to use this Personal Information for any other purpose, the Company will provide the Data Subject with an opportunity to opt-out of such uses. ​

3.4 “Do Not Track”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Phio does not recognize or respond to browser-initiated DNT signals. For information about “do-not-track”, visit http://www.allaboutdnt.org.​

4.0 Onward Transfer

4.1 Information We Share

Phio does not sell or otherwise disclose Personal Information about you, except as described in this Privacy Policy or as you explicitly consent. Phio endeavors to require Third Parties to which it discloses Personal Information to protect Personal Information using substantially-similar standards to those required by Phio, and to notify Phio if they make a determination they can no longer meet this obligation.​

4.1.1 Service Providers

Phio may share Personal Information with our service providers that we have retained to perform services on our behalf including (i) provision of IT and related services and (ii) provision of information and services you have requested. ​

Phio has executed appropriate contracts with the service providers that prohibit them from using or sharing your personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.​

4.1.2 Business Partners

Phio may share Personal Information with our business partners, and affiliates for our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Phio may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Phio’s. Phio requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Phio provided them.  ​

4.1.3 Information Disclosed for Our Protection and the Protection of Others

We may disclose information about you: (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation; (iv) to enforce Phio policies or contracts; (v) to collect amounts owed to Phio; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.​

In addition, from time to time, server logs may be reviewed for security purposes (e.g., to detect unauthorized activity on the Sites). In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.​

4.1.4 Information Disclosed in Connection with Business Transactions

We reserve the right to disclose or transfer any information we have about you in the event of a proposed or actual purchase, any reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing of all or any portion of our business or of any of the business assets or shares (including in connection with any bankruptcy or similar proceeding). Should such an event occur, Phio will endeavor to direct the transferee to use Personal Information in a manner that is consistent with this Privacy Policy.​

4.1.5 Business purposes

We may disclose Personal Information to effectuate the business goals for reasons for which you provided the Personal Information.​

4.2 Data Transfers

All Personal Information sent or collected via or by Phio may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers. We will endeavour such that any transfers of Personal Information of a Data Subject residing in the European Union outside of the European Economic Area will only be made where appropriate safeguards have been put in place. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Phio, you consent to the storage of your Personal Information in these locations.​

5.0 Modifying your Information

We encourage you to update the information you provide to us, such as providing us with a new mailing or email address, a name change, or a change in the medical conditions that you have notified us about. This will help us continue to provide information to you that best meets your needs.​

6.0 Retention

Phio retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Sites or as necessary to fulfill the purpose(s) for which it was collected, provide our investigational products and programs, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.​

7.0 Security

The security of all Personal Information provided to Phio is important to us, and Phio takes reasonable steps designed to protect your Personal Information. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while Phio strives to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to Phio, and you do so at your own risk. You agree and acknowledge that Phio shall not be liable or responsible if any information about you is intercepted, accessed, and/or used by an unintended recipient. If you have reason to believe that the security your communications or personally identifying information has been compromised, please immediately notify us immediately at: ir@phiopharma.com.

8.0 Redress/Compliance and Accountability

If after reviewing this Privacy Policy, you would like to submit a request or you have any questions or privacy concerns, please contact us at ir@phiopharma.com. Phio will address your concerns and attempt to resolve any privacy issues in a timely manner.  ​

9.0 Other Rights and Important Information

9.1 Information Regarding Children

Due to the nature of Phio’s business, programs and benefits are not marketed to minors. Phio does not knowingly solicit or collect Personal Information from children under the age of 13 (and in certain jurisdictions under the age of 16). If we learn that we have collected Personal Information from a child under the age of 13 (and in certain jurisdictions under the age of 16), we will promptly delete that information.  If you are a parent or guardian and you believe we have inadvertently collected personally identifying information from your child who is under 18, you may contact us by sending an e-mail to ir@phiopharma.com to request that we delete his or her information from our records.​

9.2 California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Phio does not share Personal Information with third parties for their own marketing purposes.​

9.3 Links to Third-Party Sites

Please note that our Sites may contain links to other websites for your convenience and information.  Phio does not control third-party websites or their privacy practices, which may differ from those set out in this Privacy Policy. Phio does not endorse or make any representations about third-party websites. Any Personal Information you choose to give to unrelated third parties is not covered by this Privacy Policy. Phio encourages you to review the privacy policy of any company or website before submitting your Personal Information.​

9.4 Changes to the Privacy Policy

Phio may update this Privacy Policy from time to time as it deems necessary in its sole discretion. If there are any material changes to this Privacy Policy, Phio will notify you by email or as otherwise required by applicable law. Phio encourages you to review this Privacy Policy periodically to be informed regarding how Phio is using and protecting your information and to be aware of any policy changes. Your continued relationship with Phio after the posting or notice of any amended Privacy Policy shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Policy take effect immediately after being posted or otherwise provided by Phio.​

9.5 Compliance

This Privacy Policy shall be implemented by Phio and all its affiliates. Phio has put in place mechanisms to verify ongoing compliance with this Privacy Policy. Any Employee that violates these privacy principles will be subject to disciplinary procedures.

Privacy Policy

1.0 Overview

1.1 Purpose

Phio Therapeutics Corp. and its affiliates (collectively, “Phio,” the “Company,” “we” or “us”) respects your privacy and understands that health is a very personal and private subject. Phio provides this privacy and information practices policy to inform you about our online information practices, the kinds of information we may collect, how we intend to use and share that information and how you can correct or change such information (“Privacy Policy”). We encourage you to read this Privacy Policy in its entirety before submitting any information. By using Phio’s websites, submitting or requesting information, you acknowledge that you understand and agree with the provisions of this Privacy Policy.​

1.2 Scope

This Privacy Policy applies to Personal Information that is processed by Phio in the course of our business, including on Company websites (together with any and all future websites operated by or on behalf of Phio, the “Sites”). All individuals whose responsibilities include the processing of Personal Information on behalf of Phio are expected to protect that data by adherence to this Privacy Policy.  This Privacy Policy is intended to meet requirements globally, including those in North America, Europe, the Asia Pacific and other jurisdictions.​

2.0 Transparency/Notice–Personal Information We Collect and How We Use It

The types of Personal Information we may collect (directly from you or from third-party sources) and our privacy practices depend on the nature of the relationship you have with Phio and the requirements of applicable law. We endeavor to collect information only relevant for the purposes of processing. Below are the legal bases and some of the ways we collect information and how we use it.​

2.1 Individuals

Phio collects Personal Information regarding its current, prospective and former study patients, employees, visitors and guests (collectively “Individuals”).​

2.2 Information Phio Collects

The data we collect from or about Individuals includes information that may be deemed Personal Information, such as title, name, address, age, birth date, phone number and email address. We may also collect other information that is not Personal Information, such as demographic information you choose to provide. In addition, if you participate in certain programs, we may collect information regarding your medications, medical history and other healthcare-related information, including, without limitation, Protected Health Information (collectively, “Health Information”), from Individuals or a third-party. For example, we may indirectly collect information about your health condition, diagnosis and treatment from your healthcare professional, but only where your healthcare professional has obtained your consent to disclose that information to us, as required by law. Any Health Information that is tied to an Individual’s Personal Information will be treated as Personal Information and we will take efforts to maintain its confidentiality.

Phio collects Personal Information from current, prospective and former employees, their contact points in case of a medical emergency and beneficiaries under any insurance policy (“Human Resources Data”). The Human Resources Data we collect may include title, name, address, phone number, email address, date of birth, passport number, driver’s license number, Social Security number or other government-issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, contact information of third parties in case of an emergency and beneficiaries under any insurance policy. We may also collect Sensitive Human Resources Data such as details of health and disability, including mental health, medical leave and maternity leave.​

2.3 How Phio Collects Personal Information

Some of the ways that Phio may collect your Personal Information include:​

  • Through Sites, surveys, business or marketing events, and when delivering programs to you.​
  • When you use Sites, Phio may provide you with opportunities to sign up to receive specific information and may ask for your contact information, so that we can send you specific information about our product candidate and specific health conditions, with your consent.​
  • When you enroll in a Phio program, we may obtain your contact information, details of your health condition, diagnosis, treatment and prescribing information relating to our investigational product.​
  • When obligated to collect certain Personal Information to comply with regulatory requirements, including information relating to adverse effects you have experienced when using our investigational product.​
  • As you navigate Sites, certain passive information may also be collected, including internet protocol addresses, cookies, navigational data, the name of the domain and host from which you access the Internet, the browser software you use and your operating system, the date and time you access our Sites, and the Internet address of the website from which you linked directly to our Sites. ​​

2.4 Information from Third-Party Sources

Phio may collect information about you from third-party sources to supplement information provided by you. This supplemental information allows us to verify information that you have provided to Phio and to enhance our ability to provide you with information about our business, investigational product and programs. Phio’s agreements with these third-party sources typically limit how the Company may use this supplemental information.​

2.5 Research/Survey Solicitations

From time to time, Phio may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of our investigational product and programs. We may share anonymous individual and aggregate data for research and analysis purposes.​

2.6 How Phio Uses Your Personal Information

Depending on how you interact with Phio, we and our third-party service providers may also use Personal Information in a variety of ways, including:​

  • Providing Information and Services You Requested. Phio may use the Personal Information about you to provide you information that you may request (e.g., information about an investigational product or future programs in anticipation of commercialization, or other programs we are offering). Phio may also use your Personal Information to deliver a specific program to you, when you enroll to receive the program. Such use may include: (a) generally managing your information; (b) responding to questions, comments and requests; (c) providing access to certain areas and features of the Phio Sites; and (d) permitting you to register for events or participate in webinars.​
  • Administrative Purposes.Phio may use the Personal Information about you for its administrative purposes, including, without limitation, to: (a) measure interest in Phio’s Site and programs; (b) perform internal quality control; (c) verify identity; (d) send communications regarding the Phio Site, programs or services or any changes to any Phio policy; (e) prevent potentially prohibited or illegal activities; and (f) enforce our Terms of Use.​
  • Marketing Products and Services. Phio may use the Personal Information about you to provide you with materials about offers, investigational products and programs offered by us, including new content on Phio Sites. Phio may provide you with these materials by phone, postal mail, facsimile or email, as permitted by applicable law. If you do not wish us to use your Personal Information for marketing purposes, you may contact us at any time to opt out of the use of your Personal Information for such purposes, as further described below.​
  • Research and Development. Phio may use your Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally develop new products, processes and services.​
  • Information Submitted Via Sites. You agree that Phio is free to use the content of any communications submitted by you via the Sites, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or services. However, Phio does not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.​
  • Social Media. Phio may collect Personal Information to enable people to use online social media resources (e.g. social networks, discussion boards and referral functions to share content and tools) offered either by Phio or a third-party. We may also enable you to use these social media resources to post or share Personal Information with others. When using social media resources, you should take into careful consideration what Personal Information you share with others.​
  • Sharing Content with Friends or Colleagues. Phio’s Sites may offer various tools and functionality. For example, Phio may provide functionality on its Sites that will allow you to forward or share certain content with a friend or colleague. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Phio or any other Third Parties for any other purpose.​
  • Pseudonymous Data. Including as discussed below in Section 2.12, Phio may use and share your anonymized or aggregated information within the Phio group of companies or with third parties for public health, research, analytics and any other legally permissible purposes.

  • Other Uses. Phio may use your Personal Information for other purposes disclosed to you at the time you provide Personal Information or with your consent.   ​​

2.7 Direct Mail, Email and Outbound Telemarketing

Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may receive periodic emails, newsletters, mailings or phone calls from us with information on Phio or our business partners’ products and programs or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the individual by following the instructions in Section 3 below.​

2.8 All Internet Users – Cookies, Pixel Tags/Web Beacons, Analytics Information and Interest-Based Advertising

2.8.1 Cookies

Like many other websites, Phio or its business partners may employ a cookie, or small piece of computer code that enables Web servers to “identify” visitors, each time an Individual initiates a session on the Company’s Sites. A cookie is set in order to identify Data Subjects; tailor our Sites to you; measure and research the effectiveness of our Sites’ features, offerings and advertisements; and authenticate users for registered services. Cookies can only access Personal Information that you have provided on our Sites and cannot be accessed by other sites. Data Subjects also have the ability to delete cookie files from their own hard drive at any time by clicking on the Privacy or History tab typically found on the Settings or Options menu in your internet browser. However, please also be advised that cookies may be necessary to provide access to much of the content and many of the features of Sites. ​

2.8.2 Pixel Tags/Web Beacons

Phio may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our Sites. A pixel tag can collect information such as the Internet Protocol (“IP”) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the browser type and language; the device type; geographic location; and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable email, we or our Third Party-service providers may use “format sensing” technology, which allows pixel tags to let us know whether you received and opened our email.​

2.8.3 Analytics Information

We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Sites, and to develop website content. This analytics data is not tied to any Personal Information.​

2.9 Anonymous and Aggregated Information

Phio may use your Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Phio Site or other online services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Sites. Anonymized or aggregated information is not Personal Information, and Phio may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within Phio and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.​

3.0 Choice/Modalities to Opt Out

You have the right to opt out of certain uses and disclosures of your Personal Information, as set out in this Privacy Policy.​

3.1 General

Where you have consented to Phio’s processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out by sending an email to ir@phiopharma.com. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out.​

Prior to disclosing Sensitive Data to a Third Party or Processing Sensitive Data for a purpose other than its original purpose or the purpose authorized subsequently by the Data Subject, Phio will endeavor to obtain each Data Subject’s explicit consent (opt-in). Where consent of the Data Subject for the Processing of Personal Information is otherwise required by law or contract, Phio will comply with the law or contract.​

3.2 Email and Telephone Communications

An “Unsubscribe” button will be provided at the top or bottom of each email communications sent by Phio so that you can opt-out. However, we may continue to send transaction-related emails regarding products or services you have requested in response to such request. We may need to send you certain communications regarding the Phio programs and services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms of Use or this Privacy Policy).​

We maintain telephone “do not call” lists and “do not mail” lists as mandated by law. We process requests to be placed on do not mail, do not phone and do not contact lists within 60 days after receipt, or such shorter time as may be required by law.​

3.3 Human Resources Data

With regard to Personal Information that Phio receives in connection with the employment relationship, Phio will use such Personal Information only for employment-related purposes as more fully described in section 2.3 above. If Phio intends to use this Personal Information for any other purpose, the Company will provide the Data Subject with an opportunity to opt-out of such uses. ​

3.4 “Do Not Track”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Phio does not recognize or respond to browser-initiated DNT signals. For information about “do-not-track”, visit http://www.allaboutdnt.org.​

4.0 Onward Transfer

4.1 Information We Share

Phio does not sell or otherwise disclose Personal Information about you, except as described in this Privacy Policy or as you explicitly consent. Phio endeavors to require Third Parties to which it discloses Personal Information to protect Personal Information using substantially-similar standards to those required by Phio, and to notify Phio if they make a determination they can no longer meet this obligation.​

4.1.1 Service Providers

Phio may share Personal Information with our service providers that we have retained to perform services on our behalf including (i) provision of IT and related services and (ii) provision of information and services you have requested. ​

Phio has executed appropriate contracts with the service providers that prohibit them from using or sharing your personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.

4.1.2 Business Partners

Phio may share Personal Information with our business partners, and affiliates for our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Phio may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Phio’s. Phio requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Phio provided them.  ​

4.1.3 Information Disclosed for Our Protection and the Protection of Others

We may disclose information about you: (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation; (iv) to enforce Phio policies or contracts; (v) to collect amounts owed to Phio; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.​

In addition, from time to time, server logs may be reviewed for security purposes (e.g., to detect unauthorized activity on the Sites). In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.

4.1.4 Information Disclosed in Connection with Business Transactions

We reserve the right to disclose or transfer any information we have about you in the event of a proposed or actual purchase, any reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing of all or any portion of our business or of any of the business assets or shares (including in connection with any bankruptcy or similar proceeding). Should such an event occur, Phio will endeavor to direct the transferee to use Personal Information in a manner that is consistent with this Privacy Policy.

4.1.5 Business purposes

We may disclose Personal Information to effectuate the business goals for reasons for which you provided the Personal Information.

4.2 Data Transfers

All Personal Information sent or collected via or by Phio may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers. We will endeavour such that any transfers of Personal Information of a Data Subject residing in the European Union outside of the European Economic Area will only be made where appropriate safeguards have been put in place. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Phio, you consent to the storage of your Personal Information in these locations.

5.0 Modifying your Information

We encourage you to update the information you provide to us, such as providing us with a new mailing or email address, a name change, or a change in the medical conditions that you have notified us about. This will help us continue to provide information to you that best meets your needs.

6.0 Retention

Phio retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Sites or as necessary to fulfill the purpose(s) for which it was collected, provide our investigational products and programs, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.

7.0 Security

The security of all Personal Information provided to Phio is important to us, and Phio takes reasonable steps designed to protect your Personal Information. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while Phio strives to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to Phio, and you do so at your own risk. You agree and acknowledge that Phio shall not be liable or responsible if any information about you is intercepted, accessed, and/or used by an unintended recipient. If you have reason to believe that the security your communications or personally identifying information has been compromised, please immediately notify us immediately at: ir@phiopharma.com.

8.0 Redress/Compliance and Accountability

If after reviewing this Privacy Policy, you would like to submit a request or you have any questions or privacy concerns, please contact us at ir@phiopharma.com. Phio will address your concerns and attempt to resolve any privacy issues in a timely manner.

9.0 Other Rights and Important Information

9.1 Information Regarding Children

Due to the nature of Phio’s business, programs and benefits are not marketed to minors. Phio does not knowingly solicit or collect Personal Information from children under the age of 13 (and in certain jurisdictions under the age of 16). If we learn that we have collected Personal Information from a child under the age of 13 (and in certain jurisdictions under the age of 16), we will promptly delete that information.  If you are a parent or guardian and you believe we have inadvertently collected personally identifying information from your child who is under 18, you may contact us by sending an e-mail to ir@phiopharma.com to request that we delete his or her information from our records.

9.2 California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Phio does not share Personal Information with third parties for their own marketing purposes.

9.3 Links to Third-Party Sites

Please note that our Sites may contain links to other websites for your convenience and information.  Phio does not control third-party websites or their privacy practices, which may differ from those set out in this Privacy Policy. Phio does not endorse or make any representations about third-party websites. Any Personal Information you choose to give to unrelated third parties is not covered by this Privacy Policy. Phio encourages you to review the privacy policy of any company or website before submitting your Personal Information.

9.4 Changes to the Privacy Policy

Phio may update this Privacy Policy from time to time as it deems necessary in its sole discretion. If there are any material changes to this Privacy Policy, Phio will notify you by email or as otherwise required by applicable law. Phio encourages you to review this Privacy Policy periodically to be informed regarding how Phio is using and protecting your information and to be aware of any policy changes. Your continued relationship with Phio after the posting or notice of any amended Privacy Policy shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Policy take effect immediately after being posted or otherwise provided by Phio.

9.5 Compliance

This Privacy Policy shall be implemented by Phio and all its affiliates. Phio has put in place mechanisms to verify ongoing compliance with this Privacy Policy. Any Employee that violates these privacy principles will be subject to disciplinary procedures.

Pamela Pavco, Ph.D.

Dr. Pavco has over 20 years of experience in the research and development of oligonucleotides. Until May 2017, she was the Chief Development Officer at Phio. Prior to Phio, she worked at Galena Biopharma, Inc. where she served as the Senior Vice President of Pharmaceutical Development until April 2012. Starting in 2002, she served as Senior Director, Research and Development Project Management at Sirna Therapeutics, Inc. until Sirna was acquired by Merck & Co., Inc. in 2006 for $1.1 billion. At Sirna, she headed the discovery research and development of Sirna-027, the first chemically modified siRNA to enter clinical trials. Dr. Pavco managed the alliance between Sirna and Allergan, Inc. that was initiated to continue discovery research in the area of ophthalmology and to take Sirna-027 forward into Phase 2 clinical studies. Other roles at Sirna included Director of Biology Research and Director of Pharmacology. She managed corporate collaborations and internal programs for Sirna focusing on the development of therapeutic oligonucleotides in the fields of oncology, anti- angiogenesis, hepatitis, respiratory disease and Huntington’s disease. Further, she has authored numerous scientific articles and contributed to approximately 58 patents and patent applications in the oligonucleotide therapeutics field. Dr. Pavco holds a Ph.D. in Biochemistry from Virginia Commonwealth University with post-doctoral work at Duke University. She is a member of the American Association of Cancer Research and the Association for Research and Vision in Ophthalmology.

Rolf Kiessling, M.D., Ph.D.

Dr. Kiessling is a Professor in Experimental Oncology at the Karolinska Institutet, as well as Senior Chief Physician of Radiumhemmet at Karolinska Hospital. He possesses broad scientific expertise in the field of experimental and clinical immunology and is credited with the discovery for Natural Killer cells (NK cells) during the mid-70’s. Over the course of his career, he has authored more than 250 publications in peer-reviewed journals. He previously served as a Member of the Research Council at the Swedish Cancer Society and the Swedish Association for Medical Research.

James D. Griffin, M.D.

Dr. Griffin is the Chairman of the Department of Medical Oncology at the Dana-Farber Cancer Institute and a Professor of Medicine at Harvard Medical School. He is also the Director of Medical Oncology at Brigham and Women’s Hospital. Dr. Griffin earned his Doctor of Medicine from Harvard Medical School in 1974. His residency training in internal medicine was at The Johns Hopkins Hospital, while his Hematology fellowship was at Massachusetts General Hospital and medical oncology fellowship was at Dana-Farber. In 1981, he joined the staff of Dana-Farber, where he is currently chair of the Department of Medical Oncology. From 1993 to 1998, he was editor-in-chief of Blood. In addition to his role at Phio, Dr. Griffin is a member of the scientific advisory boards of the Lombardi Cancer Center at Georgetown University, The Johns Hopkins Cancer Center, and Case Western Cancer Center.

Gerrit Dispersyn, Dr.Med.Sc.

As President and Chief Executive Officer of Phio Pharmaceuticals, Dr. Gerrit Dispersyn holds a seat as a director on the Phio board. Previously, he has served as the Vice President, Global Head of Clinical Affairs at Integra LifeSciences Corporation, where he was responsible for global strategy and execution of Clinical Development, Clinical Operations and Medical Affairs projects. He was also a member of the Senior Management Leadership team and several of the core teams for M&A projects. Prior to Integra, Dr. Dispersyn was the Vice President, Product Development & Portfolio Management for Barrier Therapeutics, Inc., a pharmaceutical company focused on the development and commercialization of dermatology products. A Johnson & Johnson spin-out, Barrier is now part of GlaxoSmithKline. Dr. Dispersyn holds a Dr. Med. Sc. (Ph.D. in Medical Sciences) from the Faculty of Medicine at Maastricht University, Maastricht, the Netherlands, as well as a post-graduate degree in Biomedical Imaging and a M.Sc. in Biochemistry, both from the University of Antwerp, Belgium.

Curtis Lockshin, Ph.D., Director

Dr. Lockshin currently serves as the Chief Scientific Officer of Xenetic Biosciences, Inc., a biopharmaceutical company focused on the development of novel oncology therapeutics. Previously, he was Chief Technical Officer of VBI Vaccines, Inc., as well as the former Chief Executive Officer of SciVac Therapeutics, Inc. until its acquisition by VBI in July 2016. Prior to this, Dr. Lockshin was the Vice President of Corporate R&D Initiatives for OPKO Health, Inc., with operational responsibilities inside several of OPKO’s R&D units. He began his career as a scientist with Sepracor Inc. (now Sunovion Pharmaceuticals Inc.) and eventually became the research director responsible for the strategy and operations of Sepracor’s new leads initiative. Dr. Lockshin holds an S.B. degree in Life Sciences and a Ph.D. in Biological Chemistry from the Massachusetts Institute of Technology. He is currently a member of the Phio Compensation Committee and the Chair of the Nominating & Governance Committee.

Jonathan Freeman, Ph.D., Director

Dr. Freeman is the Chief Operating Officer of Anthos Therapeutics Inc., a clinical-stage biopharmaceutical company launched by Novartis and Blackstone Life Sciences to develop therapies for cardiovascular patients. Since July 2018, he has also been a Senior Advisor at Blackstone Life Sciences. Prior to this, he was the Chief Business Officer at Vedanta Biosciences. He was also Senior Vice President of Strategy and Portfolio Management at Merck KGaA, where he was responsible for the portfolio and strategic shift that repositioned Merck as a major player in the immuno-oncology space. Dr. Freeman earned his Ph.D. in Molecular Pharmacology and Drug Metabolism from the Imperial Cancer Research Fund (now CRUK), an M.A. and First-Class Honors in Biochemistry from Cambridge University, and an MBA with a finance major from Webster, St. Louis. He is a member of the Phio Nominating & Governance Committee as well as the Audit Committee.

Robert Ferrara, Director

Mr. Ferrara recently served as the Chief Financial Officer of Cutanea Life Sciences, Inc., a private company focused on developing innovative technologies to treat diseases and disorders of the skin and subcutaneous tissue. He is the former Chief Financial Officer of Storeroom Solutions Inc., a venture-financed integrated supply chain solutions company and NER Data Products, Inc., an IT service management company. Mr. Ferrara has held numerous senior-level financial positions in national and international public companies in the greater Philadelphia area. Previously, he has also served on the board of directors of the Planned Lifetime Assistance Network of Pennsylvania, where he was on the executive committee, as well as chairman of the governance and audit committees. He is a Certified Public Accountant and earned a B.S. in Accounting from Lehigh University. He is the current Chair of the Phio Audit Committee, as well as a member of the committees on Compensation and Nominating & Governance.

H. Paul Dorman, Director

Mr. Dorman possesses nearly three decades of executive experience in the pharmaceutical industry. He currently serves as the Chairman and CEO of DFB Pharmaceuticals, a holdings company specializing in pharmaceutical business investments and operations. Previously, he was the Chairman and CEO of DPT Laboratories, a contract manufacturer and developer of pharmaceuticals products. Mr. Dorman worked at Johnson & Johnson for 12 years, where he served in various positions, including Vice President. He earned a B.S. in Mechanical Engineering from Tulane University and a Juris Doctor of Law from Loyola University. He is currently a member of the Phio Audit Committee.

Geert Cauwenbergh, Dr.Med.Sc., Director

Dr. Cauwenbergh served as President and Chief Executive Officer of Phio from April 2012 until his retirement in March 2019. He is also the former Chairman and Chief Executive Officer of Barrier Therapeutics, Inc., a publicly-traded biopharmaceutical company that he founded in 2001. Barrier focused on dermatology drug development, and was acquired by Stiefel Laboratories, Inc. in 2008. Prior to this, Dr. Cauwenbergh held senior management positions at Johnson & Johnson over a 23-year period. He holds a Doctorate in Medical Sciences from the Catholic University of Leuven, Faculty of Medicine (Belgium), where he also completed his masters and undergraduate work. He is currently a director on the boards of Phio and Moberg Pharma AB.

Robert Bitterman, Chairman

Mr. Bitterman has over 18 years of executive leadership experience in the pharmaceutical and biologic life science industry. He recently served as President and Chief Executive Officer of Cutanea Life Sciences, Inc., a private company he founded in 2005 that focused on developing innovative technologies to treat diseases and disorders of the skin and subcutaneous tissue. Cutanea was acquired by Biofrontera, Inc., USA in March 2019. Previously, he was President and Chief Executive Officer of Isolagen, Inc., as well as President and General Manager of Dermik Laboratories. He has also held significant positions advising Aventis S. A. on financial and commercial matters. Mr. Bitterman earned an A.B. in Economics from The College of the Holy Cross and a Master of Business Administration degree from Boston University. He is currently the Chairman of the Board and the Chair of the Compensation Committee at Phio.

Caitlin Kontulis

VP of Finance and Administration

Caitlin Kontulis has been with Phio Pharmaceuticals since April 2012. Prior to Phio, Ms. Kontulis was the Controller of Galena Biopharma, Inc. where she played a central role in the spin-out of Phio as a stand-alone public company. Ms. Kontulis began her career in the audit practice of PricewaterhouseCoopers in Boston, Massachusetts. She received her Masters in Accounting from Northeastern University, a Bachelor’s degree with a major in Accounting from Bryant University, and is a licensed certified public accountant in the state of Massachusetts.

Jim Cardia, Ph.D.

VP of Business Operations

James Cardia, Ph.D., is the Vice President of Business Operations at Phio Pharmaceuticals, with over 10 years of experience in biotechnology. During his tenure at Phio, Dr. Cardia’s group was responsible for the discovery and optimization of “self-delivering” RNAi platform (termed INTASYL™) and the development and characterization of multiple INTASYL compounds for the treatment of cancer as well as dermal and ocular scarring. He has managed the intellectual property portfolio of Phio and has led business development activities, resulting in multiple licensing and co-development agreements. He has also contributed to numerous publications and patent applications. Dr. Cardia has a Ph.D. in chemistry from Boston College and received postdoctoral training in the Department of Chemistry and Chemical Biology at Harvard University.

Simon Fricker, Ph.D.

VP of Research

Dr. Simon Fricker joined Phio Pharmaceuticals in November 2019. A successful leader of pharmaceutical R&D, he has worked in both small company and large multi-national corporate environments in the UK, Canada and US. He was a member of the UK team which was awarded the Queen’s Award for Technology for the discovery of the cancer drug Paraplatin™. Dr. Fricker was a founding member and Director of Biology of Canadian biopharma company AnorMED, taking two drugs into clinical development with IND filing in FDA divisions of virology (HIV) and oncology, and the subsequent NDA and clinical approval of Mozobil™, a CXCR4 antagonist for hematopoietic stem cell transplant for patients with multiple myeloma and non-Hodgkin’s lymphoma. As a Distinguished Scientific Fellow at the Sanofi/Genzyme R&D Center, he led a research team working on immune-mediated diseases. He obtained his training in the UK with a M.Sc. in Molecular Enzymology and Ph.D. in Chemistry and Molecular Science from the University of Warwick with postdoctoral research at the University of Cambridge.

Gerrit Dispersyn, Dr.Med.Sc.

President and Chief Executive Officer

Dr. Gerrit Dispersyn joined Phio Pharmaceuticals Corp. in April 2017. An accomplished leader in clinical, product, and business development, Dr. Dispersyn most recently served as the Vice President, Global Head of Clinical Affairs at Integra LifeSciences Corporation. In this role, he was responsible for Integra’s global strategy and execution of clinical development, clinical operations, and medical affairs projects and a member of the Integra Senior Management Leadership team as well as several of the company’s core teams for M&A projects. Prior to that role, Dr. Dispersyn was the Vice President, Product Development & Portfolio Management for Barrier Therapeutics, Inc, a pharmaceutical company focused on the development and commercialization of products in the field of dermatology. The company was a spinout of Johnson & Johnson and is currently part of GlaxoSmithKline. Dr. Dispersyn holds a DMSc (PhD in medical sciences) from the faculty of medicine at Maastricht University, Maastricht, the Netherlands, and a postgraduate degree in biomedical imaging, and a MSc in biochemistry, both from the University of Antwerp, Belgium.