Privacy Policy

(Last updated on June 30, 2006)

Somaxon Pharmaceuticals, Inc. (“Somaxon,” “us,” “our” or “we”) values your privacy. In order for you to understand how we may collect, use and/or disclose information about visitors of our website, located at www.somaxon.com (the “Somaxon Website”), we have prepared this privacy policy (this “Privacy Policy”). Please refer often to this Privacy Policy as it may change from time to time. Questions regarding this privacy policy should be directed to: info@somaxon.com.

I. Personal Information We Collect

At this time, we may collect information from visitors like you through your submission of your email or personal address when you click on the “Contact Us” page or sign up to receive our newsletter. Such information may include your first and last name, email address and any other content provided by you in your email.

All of this information that we may collect is collectively referred to as “Personal Information.”

II. Use And disclosure of your information

a. General Rule. Personal Information we collect from you is used solely by Somaxon and is not rented, sold, or given to third parties except as otherwise provided herein. In general, this information is used to send you updated information about Somaxon or to address questions or comments given to us by you. Personal Information may also be used to help us identify those individuals who have accessed our product support information. We reserve the right to enhance our use of Personal Information at any time. Any change in our use of Personal Information will be disclosed within this Privacy Policy. We may also share your Personal Information with a parent company, any subsidiaries, joint ventures, or other companies under common control with Somaxon now or in the future (collectively, “Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy with respect to such shared information.

b. Enforcement of Law and/or Terms of Use. From time to time, we may be required by law enforcement or judicial authorities to provide Personal Information to the appropriate governmental authorities. We will disclose Personal Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. Moreover, we may release account information and Personal Information when we believe that such release is reasonably necessary to enforce or apply our Terms of Use or to protect the rights, property and safety of our users, others and ourselves.

c. Change in Control. We will transfer your Personal Information if Somaxon is acquired by or merged with another organization. In such event, Somaxon will use reasonable efforts to notify you (either by posting notice on the Somaxon Website or by email to you at the last known email address) before information about you is transferred and becomes subject to a different privacy policy, provided however, in the event Somaxon fails to notify you, your Personal Information will still be transferred but subject to this Privacy Policy.

III. Safeguarding Your Personal Information

a. Our Security Measures:Somaxon has put into place physical, electronic and managerial procedures to help safeguard and prevent unauthorized access, use and/or disclosure. Although Somaxon uses reasonable efforts to safeguard the security of your Personal Information, transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission.

b. Protecting Yourself. Please be careful and responsible whenever you are online. The Somaxon Website contains links to third parties who may collect information directly from you. Each of the websites linked from the Somaxon Website have separate privacy policies and data collection practices, independent of Somaxon, and Somaxon has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites, nor does Somaxon make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them. You can learn more about Internet privacy from government websites such as www.ftc.gov/privacy/. To the extent we maintain your email address or other information about you, you may ask us via email at info@somaxon.com to have such information deleted, updated or corrected.

IV. Your privacy choices

Opting In: You may “opt-in” and receive information from Somaxon, such as our newsletter, simply by entering your email address in the area provided on the home page as well as various areas on the Somaxon Website. You may remove yourself from our mailing list at any time by simply emailing us at info@somaxon.com and putting “unsubscribe” in the subject line.

V. GENERAL

a. Changes To Our Policy. This Privacy Policy is effective with respect to any Personal Information collected on or after the effective date first set forth above. Somaxon reserves the right to modify or supplement this Privacy Policy at any time. If we make any changes, we will update the Somaxon Website and Privacy Policy to include such change and notice thereof. Please review this Privacy Policy often to review any changes that may affect your use of the Somaxon Website. Your continued use of the Somaxon Website once the revised Privacy Policy has been posted on the Somaxon Website affirms your agreement to such changes.

b. Children; Parental Consent Policy. The Children’s Online Privacy Protection Act imposes certain requirements on websites directed toward children under 13 that collect information on those children, or on websites that know they are collecting Personal Information from children under the age of 13. We want to let you know that it currently is our policy not to collect Personal Information from any person under 13, and we request that children under the age of 13 not submit any personal information to us via the Somaxon Website. If we learn that we have inadvertently gathered Personal Information from children under 13, we shall attempt to notify such child’s parent or guardian and erase such information from our records, unless the child’s parent or guardian consents to our maintaining such information.

c. Contact Us. If you have any questions about this Privacy Policy, the practices of our Somaxon Website, or your dealings with our Somaxon Website, please contact us by sending a letter to: Somaxon Pharmaceuticals, Inc., 3721 Valley Centre Drive, Suite 500, San Diego, CA, 92130 or by sending an email to info@somaxon.com. Or, you can visit our Contact Us section for more information. Please also see our Terms of Use which apply to your use of the Somaxon Website.