Privacy Policy

Introduction and Scope

Evoke Pharma, Inc. (“Evoke”, “we”, “us”, “our”) takes the protection of your information very seriously. This Privacy Policy (the “Policy”) describes how we collect and share your information when you visit or otherwise interact with our website, www.gimotirx.com (the “website”), www.gimotirxhcp.com, www.evokepharma.com, and www.dgpnme.com. This Policy does not apply to information we collect by other means, such as information from or about clinical trials participants that we process in the course of providing life sciences services to our customers, or the information of our employees.

How We Receive Your Information

We may receive your information when:

• you provide it directly to us, for example, through our Website, at an event or conference, while participating in a webinar we host or sponsor, or by email, phone, or one of our partners;
• we collect it automatically from you on our Website, through use of cookies or other tracking technologies;
• we collect your information from publicly available platforms such as LinkedIn;
• our customers (including their employees, contractors, and other representatives of the company) provide it to us;
• we receive it from other companies within our corporate group;
• our service providers provide it to us;
• we purchase lists of individuals who might be interested in becoming customers of ours; or
• when a friend of yours or one of our partners or customers refers you to us, and in doing so, provides your information to us.

Categories of Information We Receive

We may receive, collect, or process the following types of information:

• biographical and demographic information, such as your first and last name, date of birth, age, gender, ethnicity, and marital status;
• health and medical information (such as information about physical and mental health conditions and diagnoses, treatments for medical conditions, genetic information, family medical history, and medications you may take, including the dosage, timing, and frequency) we collect in connection with conducting research, providing patient support programs, distributing and marketing our products, and tracking adverse event reports; employment information, such as the name, address, and contact information of your employer. If you are a healthcare professional, we may also collect professional credentials, educational and professional history, institutional and government affiliations, and information included on a resume or curriculum vitae (such as work experience, education, and languages spoken); contact information and contact preferences, such as your email address and postal address;
• publicly available information; adverse event information;
• automatically collected information, such as your IP address, location, device information, identifiers, mobile network information, browser type, and similar information; and
• any other information you choose to provide to us.

How We Use Your Information

We may process your information for the purposes of:

• providing you with our products and services;
• marketing our products and services to you;
• enabling the use of our products and services;
• responding to your requests or questions, or otherwise communicating with you;
• sending you email marketing communications about our products, services, or businesses that we think may interest you;
• enforcing any applicable terms;
• administering and maintaining the security of our customers, Website, and business; and
• complying with any legal, security, processing, and regulatory obligations.

How We Share Your Information with Third Parties

Service Providers. We may share your information with our service providers, such as data analysis firms, credit card processing companies, customer service and support providers, email and SMS vendors, web hosting and development companies and fulfillment companies. Providers who process your information on our behalf must agree to use your information to perform services on our behalf for any purpose identified in this Privacy Policy.

Corporate Family. We may also share your information with our subsidiaries, affiliates, and other entities within our corporate family.

Legal Reasons. We may share your information to the extent required by law, or if we have a good-faith belief that we need to disclose it in order to (a) protect and defend the rights, property, or safety of Evoke, our employees, other users of the Services, or the public; (b) enforce any applicable terms; (c) as required by a legally valid request from a competent governmental authority and/or to comply with official investigations or legal proceedings (whether initiated by governmental/law enforcement officials, or private parties; or (d) respond to claims that any content violates the rights of third parties.

Sale or Merger. We may also share your information if we sell or transfer all or some of our company’s business interests, assets, or both, or in connection with a corporate restructuring.

Aggregate Data. We reserve the right to use, transfer, sell, and share aggregated, anonymous data for any legal business purpose. Such data does not identify you or any other individual person.

Cookies and Tracking

Cookies. A “cookie” is a small file stored on your device that contains information about you, your preferences, or your device. We may use cookies to provide basic relevant ads, website functionality, authentication (session management), usage analytics (web analytics), and to remember your settings, and generally improve our websites and Services.

We use session and persistent cookies. Session cookies are deleted when you close your browser. Persistent cookies may remain even after you close your browser, but always have an expiration date. Most of the cookies placed on your device through our Website are first-party cookies, since they are placed directly by us. Other parties, such as Google, may also set their own (thirdparty) cookies through our Services. Please refer to the policies of these third parties to learn more about the way in which they collect and process information about you.

If you would prefer not to accept cookies, you can change the setup of your browser to reject all or some cookies. Note, if you reject certain cookies, you may not be able to use all of our Website’s features. For more information, please visit https://www.aboutcookies.org/.

Analytics.We use Google Analytics, a web analytics tool that helps us understand how users engage with our Website and allows us to understand traffic patterns to help us improve the design of our Website, the products we make, and the services we offer. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our Website. This information is used to compile reports and to help us improve our Website. Our reports disclose website trends without identifying individual visitors.

You can opt out of Google Analytics without affecting how you visit our Website. For more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

Do Not Track. You may also set your browser to send a Do Not Track (DNT) signal. For more information, please visit https://allaboutdnt.com/. Please note that our Website does not have the capability to respond to “Do Not Track” signals received from web browsers.

Third-Party Links

Our Website may contain links to other online platforms operated by third parties. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of your information. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms, may also be viewable by other users of the Website and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Website. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

Your Rights

California law permits users in California to request certain details about how their information is shared with third parties for direct marketing purposes. California users may, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2020 will receive information about 2019 sharing activities). You may contact us using the Contact information, below, to send us such requests.

Data Security

Please note that any information you send to us electronically, while using the Website or otherwise interacting with us, may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Please be aware though, that despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send us through any means is transmitted at your own risk.

Privacy of Children

We do not seek or knowingly collect any information about children under 13 years of age. If we become aware that we have unknowingly collected information about a child under 13 years of age, we will make commercially reasonable efforts to delete such information from our database.

If you are the parent or guardian of a child under 13 years of age who has provided us with their information, you may contact us using the below information to request that it be deleted.

Changes to this Policy

If we make any material change to this Policy, we will post the revised Policy to the Website. We will also update the Effective Date. By continuing to use our Website after we post any of these changes, you accept the modified Policy.

Contact Us

If you have any questions about this Policy or our processing of your information, please contact us at:

Evoke Pharma
420 Stevens Avenue, Suite 230
Solana Beach, CA
92075