Privacy Policy

This privacy policy (the “Privacy Policy”) sets forth MiddleBrook Pharmaceutical, Inc.’s (“MiddleBrook”) information collection and use practices for data collected online at any MiddleBrook website (each a “Site”). This Privacy Policy is subject to MiddleBrook’s Terms of Use. By accessing or using any MiddleBrook Site, you expressly accept and agree to be bound by this Privacy Policy as the same may be amended from time-to-time in accordance with this Privacy Policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING ANY SITE. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE ANY SITE. BY USING A SITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS PRIVACY POLICY.

Overview of the Sites.

The Sites are available to individuals seeking information concerning MiddleBrook, its pharmaceutical formulations and its business operations. You also may use the Sites to contact MiddleBrook with inquiries about MiddleBrook or the information on the Sites.

Collection and Use of Personally Identifiable Information.

You can currently view the Sites without providing any “personally identifiable information”, which we define as information such as your name, address, date of birth and other information that can be used to identify you..

The only personally identifiable information about you that MiddleBrook collects is information that you voluntarily provide to us through a Site. For example, you can sign-up to receive MiddleBrook financial information by email in the Investor Relations section of the MiddleBrook corporate Site. Additionally, you can also request information about MiddleBrook through the Information Request Page in the Investor Relations section of the MiddleBrook corporate Site and through the “contact us” and “careers” sections of the Sites. When you provide personally identifiable information to us through any of these, or any other, means, we will use such personally identifiable information to respond to your requests and inquiries regarding our products, our company and business operations, including employment opportunities with MiddleBrook. We may also use your personally identifiable information to send you information about products and services that we think might interest you.

Generally, we do not share the personally identifiable information collected through the Sites with third parties unless we have obtained your prior permission. However, we may share this information with affiliates and with agents and contractors that assist us in administering the Sites and in providing our products and services to you, in response to legal process or when we believe in good faith that the law requires it (for example, in response to a court order, subpoena or a law enforcement agency’s request) or to protect the rights, property or safety of MiddleBrook, the Sites, users of the Sites and others. In addition, in the event that assets relating to MiddleBrook are transferred or sold to another entity, personally identifiable information may be transferred to the acquiring entity and/or to potential acquiring entities.

Collection and Use of Non-Personally Identifiable Information.

Information You Provide in Communications Via the Sites

We do not consider any non-personally identifiable information communicated to MiddleBrook (e.g., questions, comments, ideas or suggestions) is not confidential and we have no obligations of confidentiality to you with respect to such information. You understand that anything you transmit to MiddleBrook may, subject to applicable law, be used by MiddleBrook for any purpose, including reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, MiddleBrook is free to use any ideas, concepts, know-how, processes or techniques contained in any communication you send via any Site (including via any email address posted on any Site) for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing and selling products and service using such ideas, concepts, know-how, processes or techniques.

Non-Personally Identifiable Information Collected by MiddleBrook on the Sites

MiddleBrook collects certain non-personally identifiable information in anonymous and/or aggregate form to track data such as the total number of visits to our Sites and the number of visitors to each page of our Sites. We use this information to understand how visitors use the Sites so that we may improve them. We may also share this anonymous and/or aggregate information with MiddleBrook’s affiliates and third parties.

Log Files

As is true of most website hosts, MiddleBrook gathers certain information automatically and stores 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. MiddleBrook uses this information, which does not identify individual users, to analyze trends, administer the Sites, track users’ movements around the Sites and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

Cookies

A “cookie” is a piece of information that a web server may place on your computer when you visit a web site. Cookies are commonly used by web sites to improve the user experience. Many cookies last only through a single web site session or visit (session cookies). Others may have an expiration date or may remain on your computer until you delete them (persistent cookies).

While we currently do not use cookies on our Sites, we may decide to use them in the future. In the event we do decide to use cookies on any Site, we may do so for a number of purposes, such as maintaining continuity during a user session, to gather data about the usage of our Sites for research and other purposes and to enable our servers to recognize your computer so that your preferences and/or authentication credentials can be recognized so that you do not have to provide this information every time you return to our Sites.

You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain of our Sites’ features.

We may occasionally use other companies to set cookies on our Sites and gather cookie information for us. In some cases we may also use another company to operate web servers for our Sites. We will use the cookie information gathered by these companies in the same manner as stated above.

Clear Gifs (Web Beacons/Web Bugs)

MiddleBrook employs a software technology called clear gifs (a/k/a web beacons/web bugs), that help us better manage content on the Sites. Clear gifs are similar in nature to cookies. Clear gifs are tiny graphics with a unique identifier that are used to track the online movements of visitors to the Sites. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We do not link the information gathered by clear gifs to any personally identifiable information.

Links.

MiddleBrook may place hypertext links on the Sites that connect to third party websites. MiddleBrook has no control over these linked sites or their content. Your use of such linked sites will be subject to such sites’ terms of use and privacy policies and not MiddleBrook’s, so be sure to read them before using such sites or transmitting any information to such sites.

Security.

MiddleBrook follows generally accepted industry standards to protect the personally identifiable information submitted to us. No method of electronic storage, however, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect any personally identifiable information you submit through the Sites, we cannot guarantee its absolute security.

Updating Your Personally Identifiable Information.

If you need to update or correct any personally identifiable information that you have provided MiddleBrook through any Site, please contact us at: webmaster@middlebrookpharma.com.

Questions About This Privacy Policy.

If you have any questions regarding this Privacy Policy, or would like more information on our privacy practices, please contact us at: webmaster@middlebrookpharma.com.

Reservation of Right to Modify These Terms.

MiddleBrook reserves the right to modify this Privacy Policy at any time. In the event that MiddleBrook modifies this Privacy Policy, MiddleBrook’s revised Privacy Policy shall be effective immediately upon the posting of such revised Privacy Policy. Your continued use of any Site following the posting of any revised Privacy Policy shall be deemed to conclusively indicate your acceptance of such revised Privacy Policy. Accordingly, you should periodically re-review this Privacy Policy.

Last Updated: December 19, 2008