Improving patient quality of life
EFFECTIVE JANUARY 3RD, 2023
When we refer to ourselves as “we" or "us" or "VIVUS," we mean VIVUS LLC and all of its subsidiary companies. Our Site may contain links to third-party websites/content/services that are not owned or controlled by VIVUS. VIVUS is not responsible for how these properties operate or treat your personal data so we recommend that you read the privacy policies and terms associated with these third-party properties carefully.
California Residents: For information relating to California residents, please see the California Residents section below.
EEA Residents: For information relating to residents of the European Economic Area (EEA), please see the EEA section below.
I. Data we collect and use from you
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 or in response to questionnaires
VIVUS collects personal data that you provide on our Sites, for example, through an enrollment form, in order to register for VIVUS programs and services, to receive marketing products and information, contact VIVUS customer service, or respond to questionnaires or surveys. This could include the following categories of personal 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 and personal data that is relevant to your request.
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.
II. How We Use Personal Data
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;
- 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
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
III. How We Share Your Personal Data
VIVUS may share your personal data as follows:
1. Within Our Family of Companies
2. In Connection with Business Transfers
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.
IV. Additional Information for EEA Residents
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:
Strawinskylaan 4117, Office #03-106
1077 ZX Amsterdam,
2. Information on Cross Border Transfers of Personal Information Protected under GDPR
However, when we share your Personal Information with other recipient outside of the EEA:
- where the transfer is to a place that is regarded by the European Commission 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 or where the exporting company 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.
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".
V. Additional Information for California Residents
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.
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.
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.
VI. Cookies and Other Tools
For non EEA-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.
Interest-based Advertising and the Advertising Option Icon
At this time, we do not respond to browser do-not-track signals.
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.
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”.
Cross Border Transfers
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.
VII. Who to Contact
- Toll-Free Phone Number: 1-888-998-4887
- E-mail: Privacy@VIVUS.com
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.