Privacy Policy

(Last updated October 2010)

This privacy policy relates to the websites maintained by Somaxon Pharmaceuticals, Inc. (“Somaxon,” “us,” “our” or “we”) including, without limitation, www.silenor.com and www.somaxon.com (the “Somaxon Websites”). Somaxon values your privacy. In order for you to understand how we may collect, use and/or disclose information about visitors to the Somaxon Websites, we have prepared this privacy policy (this “Privacy Policy”). Please be sure to read this Privacy Policy before using and submitting information on the Somxon Websites. Your use of the Somaxon Websites is subject to this Privacy Policy as well as the Terms of Use. 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. INFORMATION WE COLLECT

a. Personal Information

At this time, we may collect information from visitors like you through your submission of your email or personal address such as when you create a profile, send us an e-mail or register for updates. Such information may include your first and last name, email address and any other content provided by you. All of this information that we may collect is collectively referred to as “Personal Information.”

b. Non-Personal Information

Non-Personal Information is information that is not personal, such as questions, comments, ideas and suggestions that you provide, or information that we may collect that is not linked to any Personal Information. With the goal of improving our products, content and services, we may collect and store Non-Personal Information. Non-Personal Information also includes: (i) the domain and host from which you access the Internet; (ii) the Internet address of the website from which you linked directly to our website, if applicable; (iii) the date and time you arrived at our website and how long you spent on the website and which pages you visited; (iv) your Internet protocol (IP) address; and (v) your computer’s operating system and browser software. Somaxon does not use this information to determine the individual identity of any website visitor. Non-Personal Information will be treated as non-confidential, and we may disclose and/or use that information without any obligation whatsoever to you, for any purpose and through any means.

II. USE AND DISCLOSURE OF YOUR PERSONAL 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 Silenor or 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: (i) a parent company, any subsidiaries, joint ventures, or other companies under common control with Somaxon now or in the future; (ii) vendors and service providers who assist us in providing service to you; and (iii) any acquirer or successor of Somaxon based upon a sale, merger, assignment or transfer of the business of the website to which the information relates. We will require that any third parties receiving such information be required to honor this Privacy Policy, or a substantially similar 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 or fraudulent 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, establish or exercise our legal rights or defend against legal claims or to protect the rights, property and safety of our users, others and ourselves.

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 of your Personal Information. 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. Our websites may contain links to third parties who may collect information directly from you. Each of the websites linked from our websites 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 updates about our products, simply by entering your email address in the area provided on the home page for www.somaxon.com, as well as various other areas on the Somaxon Websites.

Opting Out/Unsubscribing: 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 Websites 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 Websites. Your continued use of the Somaxon Websites once the revised Privacy Policy has been posted on the Somaxon Websites affirms your agreement to such changes.

b. Children

We want to let you know that our websites are intended for use by adults and young adults only. It currently is our policy not to collect Personal Information from any person under 18, and we request that children under the age of 18 not submit any personal information to us via the Somaxon Website. If we learn that we have inadvertently gathered Personal Information from children under 18, 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. If a parent or guardian has reason to believe that a child has provided us with Personal Information, the parent or guardian should contact us as provided below.

c. Contact Us

If you have any questions about this Privacy Policy, the practices of the Somaxon Websites, or your dealings with the Somaxon Websites, please contact us by sending a letter to: Somaxon Pharmaceuticals, Inc., 10935 Vista Sorrento Parkway, Suite 250, San Diego, CA 92130 Attention: Somaxon Website Administrator 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 Websites.