HOW WE COLLECT, USE, AND DISCLOSE YOUR PERSONAL INFORMATION
What Information We Collect
We may collect and process the following personal information about you:
- Identifiers, including your name, postal address, email address, phone number and social security number;
- Internet or other network activity and technical information: for example, browsing or search history, information regarding your interaction with sites and related applications, IP addresses and online identifiers such as cookies;
- Mailing list data such as marketing and communications preferences and interests;
- Audio, electronic, visual or similar information, including photographs and CCTV footage;
- Physical access data relating to details of your visits to our offices;
- Sensitive personal information, such as health information (e.g., proof of COVID vaccination for visitors to our premises);
- Commercial information and financial information;
- Professional information (e.g., employment details, education information, occupational history or business relationships); and
- Other information you provide, or which may be incidentally processed, when you contact us.
We may collect personal information from third party sources, which may include publicly available sources of information. Additionally, we may collect and retain a record of all communications with you, in accordance with applicable regulatory statutes.
How Information is Used
We utilize the aggregate website usage information described above to better understand how visitors are utilizing our website in order to enhance the website experience.
We may use your personal information:
- to contact you and respond to your requests and inquiries;
- for our legitimate business interests such as to operate, manage, develop and promote our business, sites and premises, to monitor access to the website and to protect our business from fraud, money laundering and other financial or business crimes, and to screen, identify and evaluate candidates for job positions, including conducting background checks;
- to send you direct marketing in relation to our services and/or other activities such as events; and
- to comply with our legal and regulatory obligations and bring and defend legal and/or regulatory claims.
In the regular course of business, we do not disclose any information collected from the publicly available areas of our website to any parties outside of Vivo Capital other than service providers, professional advisors and affiliates. Personal information otherwise voluntarily provided by you (e.g., via email or through other interactions with us) may be disclosed to third parties, service providers, professional advisors and affiliates in order to facilitate our services and perform functions on our behalf. These entities and individuals may have access to the personal information we collect from you, as permitted by law and as needed to perform their functions in compliance with the privacy practices and policies of Vivo Capital. We require that these companies and individuals otherwise keep this information confidential.
Any information collected through our website, investor login portal, or that you otherwise provide to us may be disclosed to other recipients in connection with a court order, subpoena, discovery request, government inquiry or similar request or proceeding or as otherwise required by law.
We may disclose your non-personally identifiable information to others, such as investors, for informational or promotional purposes. Non-personally identifiable information is information that does not personally identify you, including anonymous information and aggregate data.
We may also disclose your personal information to applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment, bankruptcy proceeding or other disposition of all or a portion of our business, assets or shares.
To the extent that we request personal information from you and you refuse to communicate that personal information to us, this may affect our ability to maintain a business relationship with you or to comply with our legal obligations.
PROTECTION OF INFORMATION
The security of your information is important to us. We employ several different technical, administrative, and physical security measures designed to protect any personal information you provide through our website or otherwise from unauthorized access or use. You should be aware, however, that “perfect security” does not exist on the Internet, and there is always the risk that unauthorized persons may access or use your personal information. We will not be responsible or liable for any damages, losses, or causes of action arising out of or in connection with the disclosure of your personal information. You use our website and send us such information at your own risk.
RETENTION OF INFORMATION
For each of the categories of personal information collected, Vivo Capital retains your personal information for as long as reasonably necessary to fulfill the purposes for which such personal information was collected and in compliance with applicable laws. The criteria used to determine the retention periods include: (i) how long the personal information is needed to provide the website services and otherwise operate our business; (ii) the type of personal information collected; and (iii) whether we are subject to a legal, contractual, or other obligation to retain the personal information (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).
Cookies are small, sometimes encrypted text files that are stored on computer hard drives by websites that you visit. They are used to help users navigate websites efficiently, as well as to provide information to the owner of the website. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org.
When you visit our website, we may place a “cookie” or other online tracking device (e.g., Web beacons) in order to improve your experience by recognising you when you visit the website, such as by assigning a session ID and delivering content specific to your interests. The cookies we place may also collect information about your IP address or click stream data within our website (i.e., the actions taken in connection with the website). This information helps us improve the functionality of the website.
We do not control any cookies, web beacons, or other similar devices that may be placed on our website by third parties.
Except where cookies are necessary for the operation of our website, we will obtain your consent before setting cookies.
DO NOT TRACK
We do not track visitors of our website over time and across third-party websites to provide targeted advertising and therefore do not respond to Do Not Track (“DNT”) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. You may consult the help pages of your browser to learn how to set your preferences so that websites do not track you.
You are solely responsible for complying with all local laws, rules, and regulations regarding online conduct and website access.
GOVERNING LAW AND FORUM
What information do we collect about you?
The types of personal information we collect about you depends on the nature of your interaction with us. The categories of personal information we may have collected over the last twelve (12) months include the following:
- Identifiers, such as name, contact details and address (including physical address, email address and IP address);
- Other customer records, such as telephone number and personal information provided;
- Commercial information;
- Professional or employment-related information;
- Education information;
- Sensitive personal information; and
- Internet or other electronic network activity information, such as information regarding your use of our website (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries.
For additional details about the personal information we may collect, please refer to the section titled “What Information We Collect” above.
We do not use or disclose sensitive personal information for purposes other than those specified in Section 7027(m) of the CCPA Regulations.
We do not knowingly collect personal information from anyone under the age of 18.
How do we obtain your personal information?
We may collect and maintain your personal information from the following sources:
- information from your communications with us in connection with this website, Investor Portal, your job application and/or otherwise provided by you, including information provided through online forms;
- information from your visits to our premises; and
- information captured on our website, Investor Portal or via your job application, including information captured electronically as a result of your use of same.
We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This may include information collected in an online or offline context.
How long do we retain your personal information?
For each of the categories of personal information that we collect (listed above), we retain such personal information only for as long as reasonably necessary to fulfill the purposes we collected it for, including for purposes of satisfying any legal, regulatory, accounting or reporting requirements, unless a longer retention period is otherwise required by law.
How do we use your personal information?
We will use your personal information for one or more of the business purposes described in the section titled “How Information is Used” above.
To whom do we disclose your personal information?
We do not “sell” or “share” (as such terms are defined by the CCPA) any of the personal information we collect about you to third parties.
Within the last twelve (12) months, we may have disclosed each of the categories of personal information we have collected to affiliates and service providers and as described in the section titled “What Information We Collect” above.
Your rights under the CCPA
Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.
Correction Rights: You have the right to request that we correct inaccurate personal information about you.
Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months. Such information includes:
- the categories of personal information we collected about you;
- the categories of sources from which the personal information is collected;
- our business or commercial purpose for collecting such personal information;
- the categories of third parties to whom we disclose the personal information;
- the specific pieces of personal information we have collected about you; and
- whether we disclosed your personal information to a third party, and, if so, the categories of personal information that each recipient obtained.
Non-Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive (or charging) different rates for services or suggesting that you will receive (or providing to you) a different level or quality of service.
How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the “Contact us” section below.
For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request using any of the methods set forth below.
- Calling us toll-free at +1 844-203-2383
- Emailing us at firstname.lastname@example.org
We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (e.g., the risk of responding to fraudulent or malicious requests), we may request further information or your Investor Portal access credentials, if applicable, to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf if you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.
CALIFORNIA’S SHINE THE LIGHT LAW
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our website users who are California residents to request and obtain from us a list of their personal information (if any) that we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. We currently do not disclose any personal information to third parties for their direct marketing purposes.
Please contact email@example.com with any questions about our privacy policies.
- “GDPR” means the General Data Protection Regulation (EU) 2016/679 (“EU GDPR”), and/or as applicable, the EU GDPR as it forms part of the law of the United Kingdom by virtue of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419).
- “personal information” shall be construed to mean “personal data” as such term is used in the GDPR (i.e. any information identifying a living individual, or from which they can be identified (this might include capability of being identified from multiple sets of information)); and
- “processing, ” “process,” or “processed,” means any operation or set of operations performed on personal information or sets of personal information, whether or not by automated means, which include but is not limited to but not limited to handling, organisation, adaptation, retrieveal, collection, disclosure, combination, restriction and/or erasure of personal information.
For the purposes of the GDPR, Vivo Capital LLC and its subsidiaries and affiliates are the data controller (i.e., the entity responsible for, and which controls the processing of, your personal information).
The section above titled “What Information We Collect” describes the categories of personal information that we collect, use, disclose, or otherwise process.
Purpose of the processing
We will use process your personal information for one or more of the purposes described in the section titled “How Information is Used” above.
We shall generally process personal information provided to us through visiting our website or premises, using our Investor portal, applying for a job with us and/or other interactions, for most of the purposes described under the section titled “How Information is Used” above, on the basis of our legitimate interests, or those of a third party, in conducting business. We rely on such interest where we have assessed that, on balance, our processing does not prejudice your privacy, interests, fundamental rights or freedoms in a way that would override our legitimate interests in pursuing the above purposes.
Where we process your personal information in order to comply with legal, tax and regulatory obligations as described in the section titled “How Information Is Used”, the basis for such processing is that it is necessary to discharge a relevant legal or regulatory obligation to which we are subject.
Your personal information shall be processed on the basis of your consent where we use such personal information to send you direct marketing, or otherwise where we have asked for your consent. We may also process personal information on our bases provided for under the GDPR and/or other applicable privacy laws.
Retention of personal information
For each of the categories of personal information that we collect (listed above in the section titled “What Information We Collect”), we retain such personal information only for as long as reasonably necessary to fulfill the purposes we collected it for, including for purposes of satisfying any legal, regulatory, accounting or reporting requirements, unless a longer retention period is otherwise required by law.
Recipients of personal information
Transfer of personal information
When you transfer personal information directly, including via the website and the Investor Portal, you will be transferring it to recipients (including Vivo Capital) who are located in countries located outside the EEA/UK (including the United States, where this website is hosted) that do not provide a similar level of protection to that provided by countries in the EEA/UK. To the extent that we ourselves transfer your personal information to recipients in countries outside the EEA/UK, we shall do so in accordance with the requirements of applicable privacy laws, including via implementation of appropriate safeguards (such as, where appropriate, agreements with standard data transfer contractual clauses). For further information or if you wish to request a copy of such agreements, please contact us using the details set out under the section titled “Your Rights” below.
The GDPR may provide you, subject to certain conditions or in certain circumstances, a number of rights in relation to the processing of your personal information. These rights include the right to: (i) know what personal information we process and to request access to such information; (ii) request rectification of incomplete or inaccurate personal information; (iii) require us to delete your personal information in some circumstances; (iv) object to our processing of personal information; (v) object to our processing of your personal information on grounds relating to your particular situation which are based on legitimate interests, at any time (and if you so object, we would no longer process your personal information unless we can demonstrate legitimate compelling grounds for such processing which override your interests, rights and freedoms or where it is necessary for the establishment, exercise or defence of legal claims); and (vi) have your personal information be transferred to you or to a third party in a structured, commonly used and machine-readable format.
Where we rely on your consent for processing your personal information, you have the right to withdraw your consent at any time. This will not affect the lawfulness of the processing of your personal information that is conducted on bases other than your consent.
If you are based in the EEA/UK and would like to exercise the above rights, you can e-mail us at firstname.lastname@example.org or write to us at Vivo Capital LLC, 192 Lytton Avenue, Palo Alto, CA 94301.
Individuals in the EEA/UK also have the right to lodge a complaint about the processing of their personal information with their data protection authority. A list of the relevant data protection authorities in the EEA is available here: https://edpb.europa.eu/about-edpb/about-edpb/members_en. In the UK, the relevant data protection authority is the Information Commissioner’s Office: https://ico.org.uk/.
Absence of obligation to provide any personal information
You are under no statutory or contractual requirement or other obligation to provide personal information to us, but we may not be able to provide you with certain services, permit you to visit our premises, or apply for employment with us with you doing so.
Last updated July 21, 2023.