VIVO CAPITAL LLC – PRIVACY POLICY


Thank you for visiting the website of Vivo Capital LLC and its affiliates (together, “Vivo Capital,” “we” or “us”).  We are committed to protecting your privacy.  Your visit to this website and use of our investor login portal available via the website (“Investor Portal”) and/or other ways that you may interact with us such as visiting our premises, applying for employment, and other communications with us such as email are subject to the following privacy policy (the “Privacy Policy”).


By visiting this website or our premises, using our Investor Portal, applying for a job with us and/or otherwise providing information to us such as via email or during your visits to our offices, you acknowledge that your personal information will be processed in accordance with this Privacy Policy, which may be updated by us at any time.  If we update our Privacy Policy, we will post the updated document here.  Any such changes will be effective upon posting.  We urge you to review the Privacy Policy each time you visit this website or our premises, use the Investor Portal, apply for a job with us and/or otherwise provide information to us such as via email.  If you do not agree with any provision of the Privacy Policy, you should not use the website or the Investor Portal, visit our premises, apply for a job with us or otherwise provide information to us such as via email.


Other than in relation to personal information processed through the Investor Portal, this Privacy Policy does not address our privacy practices concerning any personal information we collect concerning our investors or potential investors with respect to their participation as an investor in investment vehicles that we sponsor or manage or our employees and contractors; we address those practices in separate privacy notices sent to such individuals as required by applicable laws.  This Privacy Policy also does not apply to any other third-party website, including those that may be linked to in our website.  We do not control the privacy policies or practices of others.  We encourage you to ask questions and read the privacy policies of other websites before you disclose any personal information to them.


As used in this Privacy Policy, “personal information” and “personal data” shall have the meanings given to such terms in the CCPA and GDPR respectively. Please see ‘What Information We Collect’ below.


If you have any questions or comments about this Privacy Policy, you can e-mail us at privacy@vivocapital.com or write to us at Vivo Capital LLC, 192 Lytton Avenue, Palo Alto, CA 94301.


HOW WE COLLECT, USE, AND DISCLOSE YOUR PERSONAL INFORMATION


What Information We Collect


We may collect and process the following personal information about you:

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:

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


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.

Web browsers often allow you to erase existing cookies from your hard drive, block the use of cookies, and/or be notified when cookies are encountered.  If you elect to block cookies, please note that you may not be able to take full advantage of the features and functions 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.


Consent


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.


INTERNATIONAL USE


You are solely responsible for complying with all local laws, rules, and regulations regarding online conduct and website access.


GOVERNING LAW AND FORUM


The laws of the State of California govern this Privacy Policy.  Any dispute relating to this Privacy Policy or your use of the website or the Investor Portal shall be resolved solely in the state or federal courts located in Santa Clara County, California.  You agree to waive trial by jury in any such action.


CALIFORNIA PRIVACY POLICY


This California Privacy Policy supplements the Privacy Policy with respect to specific rights granted under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and all implementing regulations thereto (collectively, the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the Privacy Policy.


What does this California Privacy Policy apply to?


This California Privacy Policy applies solely to your interactions with us through our website, Investor Portal, visits to our premises, applying for a job with us and electronic communications. If you provide personal information to us through another means (e.g., as an employee or as an investor), you will receive a separate privacy notice and that notice will govern that personal information.


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:


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:

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:


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.


Contact us


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.


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 privacy@vivocapital.com with any questions about our privacy policies.


EUROPEAN PRIVACY POLICY


This European Privacy Policy supplements the Privacy Policy with respect to specific information provided pursuant to the GDPR, to people who are located in the European Economic Area (“EEA”) and to people who are located in the United Kingdom (“UK”) and provides information regarding how such people can exercise their rights under the GDPR. This supplement is only relevant to you if you are located in the EEA or UK. Information required to be disclosed to people in the EEA and UK under the GDPR regarding the collection and processing of their personal information that is not set forth in this European Privacy Policy supplement is otherwise set forth in the Privacy Policy. For the purposes of this European Privacy Policy:


Data Controller


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).


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.


Lawful processing


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


We may disclose your personal information to our affiliates and third-party service providers, to fulfil the purposes set out in the Privacy Policy, facilitate our services and/or perform functions on our behalf. Third party-service providers shall include our legal and professional advisers, recruitment firms, agents, hosting and technology and analytics providers and in some instances, fund service providers such as administrators. These entities and individuals may receive 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 may also be required to disclose your personal information to regulatory or legal authorities. Should we, or any of our affiliates, be the subject of an acquisition, divestment or takeover we may disclose personal information to the potential or actual acquirer or new owner involved in such transaction, and their advisors.


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.


Your Rights


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 privacy@vivocapital.com 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, 2024.