You do not have to register for a service or program to receive information available from our Sites. However, some of our content is available only to registered or identified users (in particular in case of restricted access to healthcare professionals only) and will require you to set up a profile or provide specific information about yourself in order to provide you the service.

1. Information you provide during registration, in response to questionnaires or when you otherwise contact us

VIVUS collects personal data that you provide on our Sites or when you otherwise con-tact us (e.g., via telephone), for example, through an enrollment form, in order to regis-ter for VIVUS programs and services, to receive marketing products and information, when you contact VIVUS customer service or our Medical Information Department, or respond to questionnaires or surveys. This could include the following categories of per-sonal data (collection of data is also dependent on your location and available services):

• Name and contact information such as your address, phone number, or email address;
• Registration information, such as your username and password;
• Health-related information, insurance and demographic information in the context of a patient support program, survey or questionnaire.
• Income and demographic information when you request financial assistance for one of our products;
• Remuneration information when you provide a service to VIVUS in your capacity as a health care professional;
• Employment, education and other background information when you inquire about employment with VIVUS; and
• Professional, clinical practice and educational background when you participate in a VIVUS sponsored program, research or survey in your capacity as a health care professional.
• You may contact VIVUS to ask questions or report issues regarding our products. If you communicate with or request information from VIVUS, you may be prompted to provide your contact information as well as any health-related information, personal data that is relevant to your request and telephone conversations with us may also be recorded for auditing or training purposes.

2. Information that may be collected automatically

In addition, we gather information about you automatically through your use of the Site, e.g., your IP address and how you navigate our Site. An IP address identifies the electronic device you use to access the Sites, which allows us to maintain communication with your computer as you move about our Sites and to customize content. See also, the Section below on Cookies and Other Tools.

3. Information that may be collected from other sources

From time to time, we may use or augment the personal data we have about you with information obtained from other sources, such as:

• we may use information from IMS Health and IQVIA to verify licensure of healthcare professionals for the purpose of providing access to restricted information; or
• to better understand your interests by associating demographic information with the information you have provided.

If you submit any personal data relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

We may use your personal data in the following ways:

1. To Serve You

We use your personal data to:

• Operate our business;
• Deliver our products and services as described above;
• Process, complete and fulfill your requested transactions;
• Provide customer service and respond to requests or inquiries;
• Communicate with you via text, email, telephone or any other communication channel that you choose;
• To train our staff on responding to telephone queries or to audit our performance in connection with our customer support services;
• Develop and provide you with promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you;
• Tailor our marketing programs and campaigns; and
• Provide you with newsletters, articles, alerts, announcements, invitations, updates, and other information about products, brands, health topics and disease states.

2. To Connect You with Third Parties

We may provide functionality on the Site that will allow you to forward and share certain content with a friend or colleague. If you choose to use VIVUS sharing functionality to refer someone to our content, products or services, we will use your data and that of the individual you are sharing with to send the content or link you request. In addition, we may offer access to third-party sharing functionality, such as third-party social media widgets/tools/buttons. If you use that functionality, your use is subject to the third-party’s privacy policy and terms. As with all links to non-VIVUS websites/content/services, we recommend that you read the privacy policies and terms associated with third-party properties carefully.

3. To Validate Your Ability to Access/Use Certain Products, Services and Information

Some products, services and information we offer may only be suitable for/accessible to individuals meeting certain eligibility or other criteria. In such cases, we may verify that you meet such criteria. For example, certain information relating to our products is only intended for and accessible to licensed healthcare professionals and we may use information we collect directly from you and from outside sources to validate your licensure and eligibility to view such information.

4. To Comply with the Law/Protect our rights and interest

In addition, we may be requested under applicable laws to provide information to governmental agency and authorities.

We may also use information you provide to comply with our regulatory monitoring and reporting obligations including those related to adverse events, product complaints and patient safety as well as to protect our interests and rights.

5. In Accordance with Special Program Terms

On occasion, VIVUS may offer special programs, activities, events or promotions via the Site (“Special Programs”) that have specific terms, privacy notices and/or consent forms that explain how any personal data you provide will be processed in connection with the Special Program. We strongly suggest you review the terms applicable to the Special Program before participating.

6. To Improve Products and Services and Protect Patients and Consumers

We use information you provide for data analysis, to better understand how our products and services impact you and those you care for, to track and respond to concerns, for fraud prevention and to further develop and improve our products and services.

7. In Aggregated or De-identified Form

We may aggregate and/or de-identify data about visitors to our Site and use it for other purposes, including product and service development and improvement activities

VIVUS may share your personal data as follows:

1. Within Our Family of Companies

VIVUS LLC and its subsidiary companies may share your personal data amongst and between each other for the purposes set forth in this Privacy Policy.

2. In Connection with Business Transfers

If we sell or transfer a business unit (such as a subsidiary) or an asset (such as a website) to another company (including in connection with any bankruptcy or similar proceedings), we will share your personal data with such company and will require such company to use and protect your personal data consistent with this Privacy Policy.

3. With Providers

We may retain other companies and individuals to perform services on our behalf and we may collaborate with other companies and individuals with respect to particular products or services (collectively, “Providers”). Examples of Providers include credit card processing companies, customer service and support providers, email and SMS vendors, web hosting and development companies, data analytics firms and fulfillment companies, eCRM platform providers, marketing platforms that help us to optimize our media campaigns and social media platforms, such as Facebook, LinkedIn and Instagram.

Providers also include our co-promote partners for products and services that we jointly develop and/or market with other companies. Please note that personal data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes. To access services available from a co-promote site you may have to complete a new online registration form, and this registration information may be shared with our co-promote partners. You should read the individual privacy policies of our co-promote partners, as they may differ in some respects form ours. Some Providers may collect personal data on our behalf on our Site. These third parties may be provided with access to personal data needed to perform their functions, but they may not use such data other than on our behalf or subject to contracts that protect the confidentiality of the data.

1. Information on your Rights/Representative

The following section explains your rights. The various rights are not absolute, and each is subject to certain exceptions or qualifications. We will grant your request only to the extent that it follows from our assessment of your request that we are allowed and required to do so under applicable data protection laws.

To exercise these rights, please contact VIVUS under the contact details provided below or contact our representative:

VIVUS BV
Strawinskylaan 4117, Office #03-106
1077 ZX Amsterdam,
Netherlands

If you believe we are using your personal information in a way that is inconsistent with this Privacy Policy or for more information about your rights, contact your local data protection authority (contact details for data protection authorities in the European Economic Area are available here.)

2. Information on Cross Border Transfers of Personal Information Protected under the EU or UK GDPR

When we collect your information in accordance with this Privacy Policy, we process such data outside of the EEA and the UK but are directly subject to and bound by the EU General Data Protection Regulation (Regulation (EU) 2016/679, “EU GDPR”) and/or the General Data Protection Regulation retained in the law of the United Kingdom as defined in the United Kingdom Data Protection Act 2018 (“UK GDPR”).

We share your Personal Information with other recipients outside of the EEA or the UK

• where the transfer is to a place that is regarded by the European Commission (in case of a transfer of Personal Information subject to the EU GDPR) or the UK Secretary of State (in case of a transfer of Personal Information subject to the UK GDPR) as providing adequate protection for your Personal Information; or
• where we have put in place appropriate safeguards to ensure that your Personal Information is protected (for example where both parties involved in the transfer have signed standard data protection clauses adopted by the European Commission (in case of a transfer of Personal Information subject to the EU GDPR) or the UK Secretary of State (in case of a transfer of Personal Information subject to the UK GDPR) or where the exporting company subject to the EU GDPR has committed to comply with privacy obligations set down under the EU-US Data Privacy Framework; or
• the above does not apply but we are still legally permitted to do so, for example if the transfer is necessary for the establishment, exercise or defence of legal claims.

You can request further detail about the safeguards that we have in place in respect of transfers of Personal Information outside of the EEA or the UK and you can obtain a copy of them by contacting us under the "Contact Us" section of this Privacy Policy.

3. Legal Grounds for the Collection and Use of your Personal Information

If we ask for your consent to process your personal information, we shall inform you fully as to why we need your consent and we will also inform you as to how you can exercise your right to withdraw your consent at any time.

In other cases, we process your personal information where we need to do so:

(1) processing orders and delivering requested products and services;

(2) responding to your queries

(3) to comply with our legal and regulatory obligations (cf. II.4 above);

(4) for our legitimate interests in:

• providing services and/or (marketing) information to you;
• organising events, special programs or promotions;
• analyzing data
• developing and providing you with promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you;
• tailoring our marketing programs and campaigns; and
• providing you with newsletters, articles, alerts, announcements, invitations, updates, and other information about products, brands, health topics and disease states
• improving products and services and protecting patients and consumers

You can object to processing based on our legitimate interests at any time by contacting us as set out below under "Contact Us".

If you are a California resident, you have the right to receive specific information about how VIVUS collects, uses and discloses your personal data, and you may have specific rights with respect to your personal data. In accordance with the California Consumer Privacy Act (“CCPA”), this Privacy Policy provides you disclosure regarding the personal data we collect from you and the purposes for doing so. The following provisions apply to the personal data of California residents collected by VIVUS, whether collected online or offline. These provisions supplement the other sections of the Privacy Policy to address California-specific privacy requirements that are not address in other sections.

We do not sell personal data about California residents.

Consistent with the Personal Data We Collect section above, we collect certain categories and specific pieces of information about individuals that are considered personal data. As detailed above we may collect this information from you and other third parties. For more information about how we disclose your personal data, refer to the How We Share Your Personal Data section above.

As described in the Data We Collect And Use section above, we collect this personal data from you and from other categories of sources: public databases; social media platforms; and other third parties, when they share the information with us.Also as described above in the How We Use Personal Data section we may use this personal data to serve you; to connect you with third parties; to validate your ability to access and/or use certain products, services and information; to improve products and services; to protect patients and consumers; and in accordance with special program terms. In addition, we may use employee personal data to manage our workforce, to perform workforce analytics, to communicate and handle emergencies, to conduct our business operations, for compliance purposes and for monitoring and investigations.

Individual Rights

Subject to certain exceptions, as a California resident, you have the right to make the following requests:

• Copy: You may request a copy of the specific pieces of personal data that we have collected about you in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows you to transmit this information to another entity without hindrance.
• Deletion: You may request deletion of your personal data that we have collected about you.
• Know: You may request that we provide you certain information about how we have handled your personal data in the prior 12 months, including the:
  • Categories of personal data collected;
  • Categories of sources of personal data;
  • Business and/or commercial purposes for collecting your personal data;
  • Categories of third parties/with whom we have disclosed or shared your personal data; and
  • Categories of personal data that we have disclosed or shared with a third party for a business purpose.

We will not discriminate against you for exercising these rights. However, in some circumstances, for example where you have requested or consented to our services that use your personal data to provide the service, we may not be able to provide a service if you choose to delete your personal data.

Submitting Requests

If you are a California resident and would like to exercise the rights described above, please contact us using one of the mechanisms listed within the “Contact Us” section below. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We will respond to all valid requests within forty-five (45) days, or as permitted by the CCPA.

For EEA and UK users: the cookie information in this section does not apply to EEA and UK users. EEA and UK users are advised to learn how to opt-out of having the information collected from you used for IBA purposes on the particular device on which you are accessing this Privacy Policy. Please visit http://www.aboutads.info/choices/.

For non EEA and UK users: VIVUS and its Providers collect information about you by using cookies, tracking pixels and other technologies (collectively, “Tools”). A “cookie” is a unique numeric code that is transferred to your computer to track your interest and preferences and to recognize you as a return visitor to our Sites. We use this information to better understand, customize and improve user experience with our websites, services and offerings as well as to manage our advertising. For example, we use web analytics services that leverage these Tools to help us to understand how visitors engage with and navigate our Site, e.g., how and when pages in a site are visited and by how many visitors. We are also able to offer our visitors a more customized, relevant experience on our sites using these Tools by delivering content and functionality based on your preferences and interests. If we have collected your personal data, e.g., through a registration or a request for certain materials, we may associate this personal data with information gathered through the Tools. This allows us to offer increased personalization and functionality on the Site. Your web browser can be set to allow you to control whether you will accept cookies, reject cookies, or to notify you each time a cookie is sent to your browser. If your browser is set to reject cookies, websites that are cookie-enabled will not recognize you when you return to the website, and some website functionality may be lost. The Help section of your browser may tell you how to prevent your browser from accepting cookies. To find out more about cookies, visit www.allaboutcookies.org. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language and Internet browser type and version. We use this information to ensure that the services function properly.Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Site, along with the time of the visit and the pages visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Site. We may also derive your approximate location from your IP address.

We may use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Site and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/ and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout

Interest-based Advertising and the Advertising Option Icon

VIVUS hopes to deliver to you advertising for products and services you need or want. There are many ways to do this in the online advertising world. For example, VIVUS partners with websites and applications with whom you have shared your interests, conditions and concerns directly and asks that they serve our ads to users who have expressed an interest in VIVUS products or health conditions that our products treat. We may also partner with advertising companies that may place or recognize a unique cookie on your browser (including through the use of pixel tags), or use other technologies, to serve you ads based on your web browsing activity, purchases, interests and/or other information—a practice commonly referred to as interest-based advertising (“IBA”) or online behavioral advertising (“OBA”). These advertising companies may also use these types of technologies to recognize you across the devices you use, such as a mobile phone or a laptop, and serve you ads on websites you visit and applications you use. You can read more about IBA at a site offered by the advertising industry’s Digital Advertising Alliance (“DAA”), aboutads.info. We want it to be easy for you to understand how we and our business partners use information to serve ads tailored for you and to opt-out from targeting based on IBA. To learn how to opt-out of having the information collected from you used for IBA purposes on the particular device on which you are accessing this Privacy Policy, please visit http://www.aboutads.info/choices/ If you have any questions about our use of IBA, please do not hesitate to contact us at Privacy@VIVUS.com.

At this time, we do not respond to browser do-not-track signals.

Security Policies

We use technical, administrative and procedural measures in an attempt to safeguard your personal data from unauthorized access or use. No such measure is ever 100% effective though, so we do not guarantee that your personal data will be secure from theft, loss, or unauthorized access or use, and we make no representation to this effect. Users are responsible for maintaining the secrecy of their own passwords. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us by contacting us at Privacy@VIVUS.com.

Your Privacy Choices and Updates

You may update your personal data and your preferences. Different programs and services may offer different phone numbers, links or preference managers that allow you to inform us of your updates and choices, including opting out of particular communications. For example, you can unsubscribe from our promotional emails via the link provided in the emails, and you can opt out of promotional text messages as described in the text messages. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us. These contact options are typically available on our Sites or in the emails or texts we send, but you may always email Privacy@VIVUS.com for assistance if you have any difficulty finding these tools or otherwise updating your data or preferences. Please remember that limited communications may be necessary in order to complete your transaction or for you to participate in a particular program or service.

Individual Rights

If you would like to request to review, correct, or update personal data that you have provided to us, you may contact us as indicated in the Contact Us section. We will respond to your request consistent with applicable law. Please note that we may need to retain certain personal data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. EEA residents can learn more about their rights under the section entitled “Additional Information for EEA Residents”.

Retention Period

We will retain your personal data for as long as needed or permitted in light of the purpose(s) for which it was obtained and as outlined in this Privacy Policy. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the Site to you; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (such as in regard to the enforcement of the Site Terms of Use, applicable statutes of limitations, litigation or regulatory investigations).

Cross Border Transfers

The Site is controlled and operated by us from the United States. Any information you provide to VIVUS through use of the Site may be stored and processed, transferred between and accessed from the United States and other countries which may not guarantee the same level of protection of personal data as the one in which you reside. However, VIVUS will handle your personal data in accordance with this Privacy Policy regardless of where your personal data is stored/accessed. If you are a resident of the EEA, please see further information applicable to international transfers under the section entitled "Additional Information for EEA Residents".

Children’s Privacy

The Site is not directed to individuals under the age of thirteen (13), and we do not knowingly collect personal data from children under the age of 18.

Contact Us

The company responsible for collection, use and disclosure of your personal data under this Privacy Policy is VIVUS LLC. If you have questions about this Privacy Policy, or if you would like to request to exercise any individual rights, please contact us using any of the following methods:

• Toll-Free Phone Number: 1-888-998-4887
• E-mail: Privacy@VIVUS.com
• Mail:
  VIVUS, LLC
  Attn: Privacy
  900 E. Hamilton Ave. Suite 550
  Campbell, CA 95008

In all communications to VIVUS, please include the email address used for registration (if applicable), and the VIVUS website or program to which you provided personal data, and an explanation of your request. We will respond to all reasonable requests in a timely manner, or as required by applicable law, and may need to further confirm your identity in order to process certain requests.

Our Privacy Policy

From time to time, we may update this Privacy Policy. Any changes will be effective when we post the revised Privacy Policy. This Privacy Policy was last updated as of the effective date listed above. If the Privacy Policy changes in a way that significantly affects how we handle personal data, we will take additional steps to inform you of these.