Privacy Policy

Effective Date: May 25, 2018

Privacy Policy

Effective Date: May 25, 2018

Welcome to the Viveve, Inc. (“Viveve”) web site at www.viveve.com (the “Site”). Viveve values your privacy and the privacy of our other customers and visitors of the Site (referred to individually as “User” and collectively as “Users”). 

This Privacy Notice describes what information we gather from you, how we use and disclose that information, and what we do to protect it. By using the Site, you expressly consent to the information handling practices described in this notice. 

This Privacy Notice is incorporated into and is subject to the Viveve Terms of Use. Your use of the Site and any personal information you provide on the Site are subject to the terms of this Privacy Notice and Viveve’s Terms of Use. 

 

The Information Viveve Collects: 

  • User-provided Information: Viveve collects what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number, fax number, credit card number and billing information) when using the Site. For example, if you use the Site to contact Viveve, we will ask for your email address so that we can respond to you. If you complete our contact page to receive promotional information, we will collect your name, email address, phone number, address and affiliation. 

The provision of information is sometimes required by law. At other times, it is the result of a contractual requirement.  You may be required to provide information, for example in a case where we sign a contract with you, and the non-provision of information could, in certain circumstances, prevent a transaction from concluding. 

 

Cookies and Automatically Collected Information: 

  • When you visit the Site, we send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. Viveve uses both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. 
  • When you visit the Site, we automatically record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include Internet Protocol address (“IP Address”), web browser type, the web pages or sites that you visit just before or just after the Site, the pages you view on the Site, and the dates and times that you visit the Site. 

 

The Way Viveve Uses Information: 

  • Viveve uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and information found on the Site. We will use your email address, without further consent, for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues. 
  • Viveve uses all of the information that we collect to understand and analyze the usage trends and preferences of our Users, to improve the way the Site works and looks, and to create new features and functionality. 
  • Viveve may use “automatically collected” information and “cookies” information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Site; and (b) monitor aggregate site usage metrics such as total number of visitors and pages viewed. 
  • Viveve will not use your email address or other personally identifiable information to send promotional messages unless you have opted in or otherwise requested that Viveve contact you about the Viveve products and services or other information. For example, if you complete the form on the “Contact Us” page of the Site, Viveve may use your name, email address, phone number and address to provide you with marketing materials and promotional information regarding Viveve’s products. 

We do not use automatic decision-making or engage in profiling. 

 

Where we intend to process your personal data for a purpose other than the purpose for which it was collected, we will provide you with information regarding the purpose for the processing, as well as other relevant information, prior to processing your personal data for the new purpose. 

 

When Viveve Discloses Information: 

  • Viveve does not share your personally identifiable information with other organizations for their marketing or promotional uses without your express consent. 
  • Viveve discloses automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Site. 
  • Viveve works with some authorized service providers to provide website hosting and maintenance as well as other services for us. Viveve requires these services providers to safeguard personally identifiable information you provide to us. To the extent it is necessary for these services providers to complete their contractual obligations to Viveve; these third parties may have access to or process your personally identifiable information. Viveve generally limits their use of your personally identifiable information to the purpose for which it was shared. 
  • Viveve may also disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users. 
  • Viveve also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Viveve from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Site; or to protect the rights, property, or personal safety of Viveve, our Users, or others. 

 

Your Choices: 

You may, of course, decline to share your personally-identifiable information with Viveve, in which case Viveve will not be able to provide to you some of the features and functionality found on the Site. 

 

Children’s Privacy: 

Protecting the privacy of young children is especially important. For that reason, Viveve does not knowingly collect or maintain personally identifiable information on Site from persons under 18 years-of-age, and no part of Site is directed to persons under 18. IF YOU ARE UNDER 18 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. If Viveve learns that personally-identifiable information of persons less than 18-years-of-age has been collected by Viveve without verifiable parental consent, then Viveve will take the appropriate steps to delete this information. 

 

Data Security: 

Viveve uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Viveve, and you do so at your own risk. Once we receive your transmission of information, Viveve makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. 

If Viveve learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Viveve may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at. 

 

International Visitors: 

This section applies to those that visit our Site from the European Economic Area or Switzerland. 

 

Lawful Basis for Processing 

On certain occasions, we process your personal data when it is necessary for the performance of a contract to which you are a party, such as to provide services to you that you have requested.  We may also process your personal data to respond to your inquiries concerning our products and services. 

On other occasions, we process your personal data where required by law.  We may also process your personal data if necessary to protect your interests or the interests of a third party. 

Additionally, we process your personal data when necessary to do so for direct marketing purposes and this interest/these interests is/are not overridden by your data protection rights.  Where we process your personal data for this purpose, our legitimate interest is to improve our services and secure our Site. 

If the processing of personal data is necessary and there is no statutory basis for such processing, we will ask for your consent to process your personal data.  You have the right to withdraw your consent to processing of personal data at any time. 

If you wish to exercise the right to withdraw consent, contact us via the “Viveve Data Management” section of our website. 

 

Transfers of Personal Data 

Please be aware that the personal data we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. If you are located outside of the United States, please be advised that we process and store personal data in the United States. 

 

Your Rights 

You have a right to the following: 

  • To request access to the personal data we hold about you; 
  • To request that we rectify or erase your personal data; 
  • To request that we restrict or block the processing of your personal data; 
  • Under certain circumstances, to receive personal data about you that we store and transmit to another without hindrance from us, including requesting that we provide your personal data directly to another, i.e., a right to data portability; and 
  • Where we previously obtained your consent, to withdraw consent to processing your personal data. 

To exercise these rights, contact us using the “Viveve Data Management” section of our website.  Please be aware that Viveve may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so. 

Additionally, you have the right to lodge a complaint against us.  To do so, contact the supervisory authority in your country of residence. 

 

Retention 

We will process and store your information only for the period necessary to achieve the purpose of the storage, or as permitted by law.  The criteria used to determine the period of storage of information is the respective statutory retention period or one calendar year.  After expiration of that period, the corresponding information is routinely deleted, as long as it is no longer necessary for the fulfillment of a contract or the initiation of a contract. 

 

Links to Other Web Sites: 

This Site may contain links or reference to other web sites to which this Privacy Notice does not apply. We encourage you to read the privacy notice of every web site you visit. 

 

In the Event of Merger or Sale: 

In the event that Viveve is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control. 

 

Changes and Updates to this Privacy Notice: 

This Privacy Notice may be revised periodically without further notice to you and this will be reflected by a “last modified” date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of the Site constitutes your agreement to this Privacy Notice and any future revisions. 

For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information. 

 

Date Last Modified: 

• This Privacy Notice was last modified on May 31st, 2018. 

 

Viveve Contact Information: 

Please contact Viveve, in our role as data controller, with any questions or comments about this Privacy Notice, your personal information, our third-party disclosure practices, or your consent choices at: Viveve, Inc. 345 Inverness Drive South, Building B Suite 250, Englewood, CO 80112. Phone: 720.696.8100. Fax: 720.696.8199. Email: customerservice@viveve.com 

To contact our Data Protection Officer, please contact: 

Digitalops@viveve.com or submit an inquiry through the “Viveve Data Management” section of our website.. 

 

Terms of Use 

Welcome to the Viveve, Inc. (“Viveve”) web site at Viveve.com (or successor URLs) (collectively, the “Site”). The following Terms of Use for the Site is a legal contract between you, either an individual visitor or user of at least 18 years of age, and Viveve regarding your use of the Site. Visitors and users of the Site are referred to individually as “User” and collectively as “Users”. 

Acceptance of Terms. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF USE”). 

  • Eligibility. THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY VIVEVE. By using the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site by Viveve. This web site contains information about products and procedures under investigation or cleared for use in countried outside of the United States. You may see information on this web site about products or therapies that are not approved or marketed in the United States or in your country. 
  • Privacy Notice. Your privacy is important to Viveve. Viveve’s Privacy Notice is hereby incorporated into these Terms of Use by reference. Please read this notice carefully for information relating to Viveve’s collection, use, and disclosure of your personal information. 
  • Modification of these Terms. Viveve reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.  Please check these Terms of Use periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. 
  • Ownership; Proprietary Rights. The Site is owned and operated by Viveve. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software and all other elements of the Site provided by Viveve (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site are the property of Viveve or its affiliates and/or third-party licensors.  Viveve hereby grants you a nontransferable, nonexclusive license to use the information and other Materials contained on the Site solely for your own personal non-commercial use and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, modify, publicly perform, transmit, publish, edit, adapt, create derivative works from, or incorporate the Materials into other documents, websites, or publications or otherwise make unauthorized use of the Materials. Viveve reserves the right to modify, in part or in whole, or temporarily or permanently discontinue or remove any Materials from the Site, at any time without notice to you, and without liability to you.  All trademarks, logos and service marks displayed on the Site, whether registered or unregistered, are owned exclusively by Viveve or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. Viveve reserves all rights not expressly granted in this Terms of Use. 
  • No Medical Advice.  BY USING THE SITE, YOU ACKNOWLEDGE THAT VIVEVE IS PROVIDING THE MATERIALS FOR INFORMATIONAL PURPOSES ONLY AND THAT THE MATERIALS ARE NOT PROVIDED TO YOU FOR THE PURPOSE OF GIVING YOU MEDICAL ADVICE, OR INSTRUCTION ON THE APPROPRIATE USE OF PRODUCTS PRODUCED OR SUPPLIED BY VIVEVE, ITS AFFILIATES OR ITS PARTNERS, LICENSORS OR SUPPLIERS. YOU SHOULD NOT RELY ON THE MATERIALS IN THE SITE IN DECIDING ON A TREATMENT PLAN OR IN EVALUATING ANY OTHER MEDICAL ADVICE REGARDING ANY DISEASE OR MEDICAL CONDITION, AND VIVEVE, ITS AFFILIATES AND ITS PARTNERS, LICENSORS AND SUPPLIERS STRONGLY URGE THAT YOU CONSULT WITH A PHYSICIAN IN CONNECTION WITH ANY AND ALL TREATMENT OPTIONS THAT MAY BE AVAILABLE TO YOU. THE DEVICES AND PROCEDURES DESCRIBED ON THIS SITE ARE SUBJECT TO FEDERAL AND INTERNATIONAL LAWS GOVERNING THE USE AND/OR SALE OF SUCH DEVICES AND PROCEDURES. NOTHING IN THIS SITE IS INTENDED TO CONSTITUTE A CLAIM OR INDICATION FOR CLINICAL USES OF THE DEVICES AND PROCEDURES DESCRIBED. THE CLINICAL INDICATIONS AND RECOMMENDED USES OF THE DEVICES DESCRIBED ON THIS SITE ARE LIMITED SOLELY AND EXCLUSIVELY TO THOSE EXPRESSLY STATED IN THE INDICATIONS FOR USE FOR SUCH DEVICES AS APPROVED OR CLEARED BY REGULATORY AUTHORITIES. 
  • Prohibited Conduct. 
    BY USING THE SITE YOU AGREE NOT TO: 
    6.1    use the Site for any purposes other than to access information offered by Viveve; 
    6.2    rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials; 
    6.3    impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity; 
    6.4    delete the copyright or other proprietary rights on the Site; 6.5    use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; 
    6.5    remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site; 
    6.6    reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or 
    6.7    intentionally interfere with or damage operation of the Site or any User’s enjoyment of the Site, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code. 
  • Third-Party Sites, Products and Services; Links.  The Site may include links or references to other external web sites or services solely as a convenience to Users (“Reference Sites”).  Links on Reference Sites may lead to resources located on servers maintained by third parties over whom Viveve has no control.  Viveve does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. 
  • Termination. 
    8.1    Viveve. You agree that Viveve, in its sole discretion, for any or no reason, and without penalty, may terminate your use of and access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or portion thereof may be effected without prior notice, and you agree that Viveve will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Viveve may have at law or in equity. 
    8.2    You. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms of Use, (iii) any policy or practice of Viveve in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate these Terms of Use. You may terminate these Terms of Use at any time by discontinuing use of any and all parts of the Site. 
  • Indemnification. You agree to indemnify, save, and hold Viveve, its affiliates, contractors, employees, agents and its partners, licensors and suppliers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Viveve reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Viveve, and you agree to cooperate with Viveve’s defense of these claims.  Viveve will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. 
  • Disclaimers; No Warranties. 
    10.1    No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIVEVE, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIVEVE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 10 THE TERM VIVEVE INCLUDES VIVEVE’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. 
    10.2    Forward Looking Statements. THE SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS. THESE STATEMENTS RELATE TO FUTURE EVENTS OR THE FUTURE PERFORMANCE OF VIVEVE. VIVEVE HAS ATTEMPTED TO IDENTIFY THESE STATEMENTS BY TERMINOLOGY INCLUDING “ANTICIPATE,” “BELIEVE,” “CAN,” “CONTINUE,” “COULD,” “ESTIMATE,” “EXPECT,” “INTEND,” “MAY,” “PLAN,” “POTENTIAL,” “PREDICT,” “SHOULD,” OR “WILL” OR THE NEGATIVE OF SUCH TERMINOLOGY OR OTHER COMPARABLE TERMINOLOGY. SPECIFICALLY, STATEMENTS CONCERNING CLINICAL TRIAL TIMELINES AND EXPECTATIONS REGARDING CLINICAL TRIAL DESIGN ARE FORWARD-LOOKING STATEMENTS. THESE STATEMENTS ARE ONLY PREDICTIONS AND INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES, AND OTHER FACTORS. THE INFORMATION IN SUCH DISCUSSIONS COVERS CERTAIN RISKS, UNCERTAINTIES, AND POSSIBLE INACCURATE ASSUMPTIONS THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THE EXPECTED AND HISTORICAL RESULTS. UNDUE RELIANCE SHOULD NOT BE PLACED ON FORWARD-LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF THE DATE THEY ARE MADE. VIVEVE UNDERTAKES NO OBLIGATION TO UPDATE PUBLICLY ANY FORWARD-LOOKING STATEMENTS TO REFLECT NEW INFORMATION, EVENTS OR CIRCUMSTANCES AFTER THE DATE THEY WERE MADE, OR TO REFLECT THE OCCURRENCE OF UNANTICIPATED EVENTS. 
  • Limitation of Liability and Damages. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL VIVEVE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ON ANY OTHER LEGAL THEORY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR ANY REFERENCE SITES OR ANY MATERIALS CONTAINED ON THIS SITE, OR ANY OTHER INTERACTIONS WITH VIVEVE, EVEN IF VIVEVE OR A VIVEVE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VIVEVE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR PARTNERS, LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. 
  • Miscellaneous. These Terms of Use constitute the entire agreement between you and Viveve and govern your use of the Site, superseding any prior agreements between you and Viveve (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by Viveve. 

Waiver of terms These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The failure of Viveve to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 

Statute of limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against Viveve and its affiliates, contractors, employees, agents, or partners, licensors or suppliers, arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings and titles in these Terms of Use are for convenience only and have no legal or contractual effect. 

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