These Terms of Use set out rules for visitors to this LivaNova Website ('Users'). The site is owned by LivaNova PLC.

The information on this website does not constitute medical or professional services advice

Please note that this website contains only general information about our products and services and how they can be used by patients. This information is provided 'as is' and 'as available', and changes rapidly, and is therefore provided for educational and information purposes only. This website can never replace the need for patients to consult their health care service providers for diagnosis and treatment, including in relation to the products and services offered by livanova.
 

This site does not offer product for sale and availability of products

This website does not offer livanova products for sale, and information is provided for general educational and information purposes only. Depending on where users are located, you may view information that relates to products or treatments that are not available or authorized in your home country.

No offer for sale or invitation to investors

The information contained in this website does not constitute an offer or solicitation for public sale, purchase or acquisition of securities of any of the companies mentioned in this website, regardless of applicable jurisdiction or location. The information contained in this website should not be relied upon for the taking - or omitting to take - any investment decision. This website does not contain legal or financial advice. For a review of the current financial position of the companies mentioned herein, please refer to the consolidated accounts.
This website contains "forward-looking statements" which, at the time made, were based on then-current reasonable assumptions and expectations made by company management of future events, performance and developments. If any of those underlying assumptions or expectations prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from the company's expectations and projections in these statements. These risks and uncertainties include general industry conditions and competition; economic conditions, such as interest rate and currency exchange rate fluctuations; technological advances and patents attained by competitors; challenges inherent in new product development, including obtaining regulatory approvals; domestic and foreign health care reforms and governmental laws and regulations; and trends toward health care cost containment. Livanova assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

No guarantee of accuracy or completeness and no warranties

Livanova adopts all precautions it reasonably believes to be necessary to provide, on this website, correct and up to date - at the time of publication - information. All content in this website is therefore provided on an 'as is' and 'as available' basis. No warranties are provided by livanova in this regard. Livanova expressly disclaims all warranties of any kind, either express or implied, statutory or otherwise including the implied warranties of merchantability, fitness for purpose or non-infringement. While every effort is made to ensure the quality of the information provided in this website, livanova provides no guarantees or warranties as to the reliability, accuracy, quality, timeliness or completeness of information on this website, nor that the use of this website shall be uninterrupted or available or error-free. Users are further responsible for any and all precautions necessary for ensuring that any content obtained from this website is free of viruses or similar computer code.
Some territories do not permit limitations or exclusions on implied warranties. As a result one or more of the above limitations may not apply to you. Users agree that livanova - even if advised of the risk thereof - shall not be liable for any damage resulting from the use - or failure to use - this website, including in relation to any and all warranties, contracts, torts, strict liability or other legal theory. This condition of use applies to livanova, its officers, directors, employees and suppliers mentioned in the website. This limitation of liability shall apply to all losses including direct or indirect, special, exemplary, incidental, economic or punitive damages. The total liability of these parties - if any - shall in no circumstances exceed €200, save where such limit is expressly prohibited by applicable laws.

Livanova's intellectual property rights

Marks and trademarks appearing on this website are the property of livanova and are protected by the laws of the united kingdom, the united states and other foreign laws. Prior permission from livanova is required for the use or reproduction of such intellectual property rights.
Users are advised that information on this website may be transferred solely for personal use and not for commercial purposes of any kind. Save where otherwise indicated in the website, users are permitted to make photocopies, printed copies, and to email or download portions of this website for personal use on the condition that every such copy contains an indication of the property rights in the copy held by livanova, and the exclusions of liability and guarantees and warranties appearing in these terms of use. Save as provided above, users may further not display or use the logos or marks of livanova in any manner without prior written permission from livanova. Any other use of this website or any part thereof is prohibited.
 

Links to this website

Through the present terms of use, users receive a non-exclusive, limited and revocable license to link to this website. Livanova reserves the right to revoke such license at any time and at its sole discretion. If revocation occurs, users must remove and - where applicable - disable any and all links to this site. Livanova disclaims any and all liability for the contents or presentation of any site through which the present website is accessed through hyperlinks or equivalent. Similarly, livanova disclaims all liability for sites accessed through hyperlinks contained in this website. Any users that wish to insert a hyperlink in their own site to achieve access to this website must first obtain the prior permission of livanova by contacting corporate.communications@livanova.com. Livanova does not authorise users to use links through the use of so-called 'framing'. The use of this website - or any portion thereof or link thereto - is prohibited in relation with any site that may reasonably be considered as obscene, vulgar, defamatory, unlawful in any manner, harassing, or offensive. This website contains - for information and convenience purposes only - links to other websites of companies owned or controlled by livanova. These sites may contain information concerning products that are not available or authorized in your territory. Your use of sites not controlled by livanova is further subject to the terms of use or equivalent of those sites and livanova disclaims any liability in this regard, including in relation to any privacy policies of such sites.
 

User submissions

Livanova values your opinion about this site, its contents and design, and how we may improve the information we provide to you. Users are reminded, however, that should they decide voluntarily to submit any information through this website, such information will be considered as non-personal, non-confidential and non-proprietary (other than personal information as defined in livanova group's privacy statement ).
This website may also allow users to access online sources of information, fora, user-chat-services or the like. Livanova expressly disclaims any responsibility or liability for their content. Livanova reserves the right at any time and at its sole discretion to delete, move or edit - in whole or in part - any information submitted by users through this website. Users agree:
not to submit - in any manner whatsoever - any information that infringes applicable laws, that is obscene, offensive or otherwise inappropriate or that contains viruses or similar computer codes; and understand that any submitted information will be treated as non-confidential; that submission constitutes the grant to livanova of the irrevocable right to use, copy, modify, publish, perform, transmit or display such information via any media in accordance with livanova's privacy statement. Users waive any moral rights to such information.

Severability and continuation

In the event that any portion of these terms of use is declared inapplicable by a competent authority, the rest of the provisions shall remain applicable and in force to the full extent permitted by law. Users' obligations under these terms and conditions, including in relation to sections no guarantee of accuracy or completeness and no warranties, livanova's intellectual property rights and user submissions, will survive the termination of these terms and conditions. If users harm - in any manner whatsoever - third parties through their use of this website, users agree to hold harmless and indemnify livanova against any and all liability for such harm.

Jurisdiction and venue

By using this livanova website, including any affiliated links, users agree that the laws of england and wales govern any and all disputes arising out of the use of this website without respect for its conflict of laws principles.  The sole jurisdiction for resolution of any and all disputes with livanova arising in any way from the use of this website, is london, uk.
 

Links to other websites

This livanova website may contain links to websites operated by other parties. The linked sites are not under the control of livanova, and livanova is not responsible for the content available on any other internet sites linked to this website. Such links do not imply livanova's endorsement of material on any other site and livanova disclaims all liability with regard to your access to such linked websites. Livanova provides links to other internet sites as a convenience to users, and access to any other internet sites linked to this website is at your own risk.

Unless otherwise set forth in a written agreement between you and livanova, you must adhere to livanova's linking policy as follows: (i) any link to a livanova website must be a text only link clearly marked "livanova website," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with livanova's names and trademarks, (iii) the link must "point" to the root domain name of the livanova website and not to other pages within the website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with livanova, (v) when selected by a user, the link must display the website on full-screen and not within a "frame" on the linking website, and (vi) livanova reserves the right to revoke its consent to the link at any time and in its sole discretion.

Please Read This Website Privacy Statement Carefully

Your privacy is very important to LivaNova. We also understand that privacy is very important to you. This Website Privacy Statement (hereinafter: "Privacy Statement") is designed to inform you about our practices regarding collection, use and disclosure of any personal data we gather through the website located at www.livanova.com or on any other LivaNova website where this Privacy Statement is placed or from which reference is made to this Privacy Statement by means of a  link (hereinafter together: “LivaNova website”). The LivaNova website is owned and operated by LivaNova PLC, 20 Eastbourne Terrace, London W2 6LG, United Kingdom (hereinafter together: “LivaNova”, “we”, “us”, “our” etc.).

This Privacy Statement describes the types of personal data collected and processed through the LivaNova website, through the services delivered via the LivaNova website and how LivaNova treats such information.

Please read the entire Privacy Statement and Cookie Policy before using or submitting information to the LivaNova website.

1. What Is Personal Data?

By using the term “Personal Data” in our Privacy Statement, we refer to information that you individually provide to LivaNova either directly or indirectly that on its own or in combination with other information, can be used to identify you or make you identifiable. Personal Data includes for example your name, your mailing address, your telephone number, your e-mail-address or other information that identifies you or makes you identifiable.

Information that cannot be used to identify you or make you identifiable does not qualify as Personal Data.

2. How Does LivaNova Process Your Personal Data?

The LivaNova website gathers Personal Data in two ways: (a) passively (for example, through our website's technology), and (b) directly (for example, when you, the website user, voluntarily provide Personal Data on various pages).

LivaNova shall only process your Personal Data for the purposes described in this Privacy Policy or as otherwise permitted under applicable law, including the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”).

2.1. Web Server Protocols (Including IP Address)

Each time you visit the LivaNova website to read or download information we may automatically collect, due to technical reasons, certain information about you from your computer. This information is collected from your computer's web browser and may include information such as the following:

• The type of web browser software you use (for example: Firefox, Internet Explorer, etc.)
• The name of the domain from which you access the internet
• The internet address of the website from which you linked directly to our site
• The date and time you accessed our site
• The pages you visited on our site
• Information that has been de-identified

We will process the web server information for statistical purposes as well as for the optimisation of our marketing endeavours, our content and the layout of the LivaNova website. The legal basis for such processing is our legitimate interests (Art. 6 para. 1 lit. f) GDPR), in particular, to ensure the proper functioning of the LivaNova website and to improve our website services.

Further, we may process your web server information in cooperation with your internet access provider and/or local authorities in cases of system misuse in order to investigate and identify the originator of such system misuse. The legal basis for such processing is our legitimate interests (Art. 6 para. 1 lit. f) GDPR), in particular, the protection of the integrity of the LivaNova website, our system, as well as our users.

2.2 Livanova Services on The LivaNova Website

Further, LivaNova collects and processes Personal Data that you have provided to us on a voluntary basis; for example, when you complete a form, register for a newsletter, apply for a job position or correspond with us over the LivaNova website.

You may also use the LivaNova website without providing Personal Data to us. However, please be aware that in this case you may not be able to use all of our services offered.

User Account
Most of our services do not require any form of registration, allowing you to visit our website without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields (some are required and some are optional). We only process your Personal Data for the respective purpose. In these situations, if you choose to withhold any Personal Data requested by us, it may not be possible for you to gain access to certain parts of the LivaNova website and for us to respond to you. The legal basis for such processing is the provisioning of our LivaNova website services to you (Art. 6 para. 1 lit. b) GDPR).

The Personal Data that we collect if you register for our services or when you ask us to personalize your visits to the

LivaNova website may include:
Your name
Address
Email address

Newsletter
Provided you have given us your consent, we will process your name and email address in order to send to you our newsletter on LivaNova product and services and events. We only process your Personal Data to send you our newsletters. We will not sell or share your information with any third parties. The legal basis for such processing is your consent (Art. 6 para. 1 lit. a) GDPR).

The Personal Data that we collect if you register for our newsletter may include:
Your name
Address
Email address

You may withdraw your consent to receive our newsletter at any time with future effect (e.g., by clicking the opt-out link provided in each newsletter or by contacting us directly under the contact details designated under item 11 below).

Job Applications

LivaNova may collect and process Personal Data that you have provided to us through the LivaNova website for the purposes of contacting you during your candidacy for employment, to send you employment announcements, or request other types of information to determine your suitability for employment. If you become a LivaNova employee, your Personal Data that you have submitted during your candidacy for employment may become a part of your employee file and may be used later for the management of the employment contract. The legal basis for such processing is the establishment and execution of your employment contract with LivaNova (Art. 6 para. 1 lit. b) GDPR).

The applicable LivaNova group company (as listed here), where you are applying for a job, acts as controller in the meaning of Art. 4 Nr. 7 GDPR for your Personal Data, which includes:

• Contact information: name, address, telephone number, email and home address
• Personal information: date of birth, gender, signature
• Administrative information: resume or CV, cover letter, previous work experience, education, transcripts, reference contact information, position preferences, willingness to relocate, desired salary, interests and aspirations
• Sensitive information: health information, disabilities

LivaNova will keep this Personal Data during the recruitment process. Once this process is finished, we may store your Personal Data with your consent for up to 24 months so we can take it into account for future recruitment processes, improve our recruitment processes and activities as well as contacting you regarding future career opportunities at LivaNova. The legal basis for such processing is your consent (Art. 6 para. 1 lit. a) GDPR).

Contact Request
In some places on the LivaNova website you may have the chance to send us information about yourself. For example, the LivaNova website may include contact or email forms. We only process your Personal Data in order to correspond with you. The legal basis for such processing is the provisioning of our LivaNova website services to you (Art. 6 para. 1 lit. b) GDPR).

The Personal Data that we collect if you fill out such contact forms may include for example:
Your name
Address
Email address
Other Personal Data included in the communication

Surveys and Assessment
The LivaNova website may offer users the opportunity to participate in surveys or assessments via the internet. LivaNova will provide information about the purpose and process for each survey or assessment as part of the applicable survey or assessment. Please refer to the respective privacy statement provided in connection with the survey or assessment. The legal basis for such processing is your consent (Art. 6 para. 1 lit. a) GDPR).
You may withdraw your consent to participate in the survey or assessment at any time with future effect (e.g., by contacting us directly under the contact details designated under item 11 below).

2.3 Cookies and Other Technologies

Certain Personal Data may be passively collected (that is gathered without you actively providing the information) using various technologies, such as cookies, internet tags or web beacons, and navigational data collection (e.g., log files, server logs, clickstream, etc.) (hereinafter: “Cookies”).

When you use the LivaNova website, we may place a text file called a “Cookie” in the browser files of your computer when you visit. The Cookie may be stored on your computer's hard drive. The information that we collect using Cookies is Personal Data that does not directly identify you. You are always free to decline our Cookies if your browser permits but some parts of the LivaNova website may not work properly for you if you do so.

For further information please refer to our Cookie Policy, which forms part of this Privacy Statement.
 

3. How Does Livanova Use Personal Data?

LivaNova may only process and store your Personal Data for the business purposes that are consistent with this Privacy Statement.

LivaNova will obtain your consent before sharing your Personal Data with any third party that is not acting as an agent or vendor to perform tasks on our behalf or to use the information for a purpose materially different from the purpose for which it was initially collected or subsequently authorized by you.

An exception to this will be (among others) where LivaNova’s processing of Personal Data is necessary for compliance with a legal obligation under the applicable law (legal basis: Art. 6 para. 1 lit. c) GDPR) or for the purposes of the legitimate interests pursued by LivaNova or by a third party (legal basis: Art. 6 para. 1 lit. f) GDPR).
 

4. Sharing Personal Data With Others

LivaNova may share Personal Data with vendors or agents, which are acting as data processors (cf. Art. 4 no. 8 GDPR) on behalf of LivaNova for the purposes described in this Privacy Statement. For example, we may hire companies to assist with the provisioning of LivaNova‘s services or protecting and securing our systems (e.g., the hosting of the LivaNova website). Any vendor or agent that we retain must comply with our data privacy and security requirements and are not allowed to use Personal Data they receive from us for any other purpose. Like LivaNova, they will never barter, trade or sell access to your Personal Data.

In all other cases, we do not share personal data with any third party, unless this is necessary to fulfil our services, permitted by applicable law or has been agreed by you.

5. Data Transfers to Third Countries Outside the EU/EEA

The processing of Personal Data contemplated in this Privacy Statement may involve the data transfer to third countries located outside the EU/EEA which have not been found by decision of the EU Commission to ensure an adequate level of data protection within the meaning of Art. 45 para. 1 GDPR.

In this case, LivaNova ensures the protection of Personal Data by appropriate safeguards, which provide for an adequate level of data protection: for example, by (a) the execution of standard data protection clauses adopted by the Commission under applicable data protection laws; (b) the recipient’s certification under the EU-U.S. Privacy Shield framework (only applicable for transfers to the U.S.) or (c) the existence of any other specifically approved safeguard for data transfers (as recognised under applicable data protection laws, cf. Art. 46 GDPR).

6. Storage Time

LivaNova will only store your Personal Data as long as necessary to fulfill the purposes for which they were collected or – where the applicable law provides for longer retention periods – for the duration of the retention period required by law. After that, your Personal Data will be deleted.
 

7. Patient Information and Other Sensitive Information

We process your sensitive information (e.g. medical information, Personal Data revealing ethnic or racial origin, political opinions, religious or philosophical beliefs, trade union membership, the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or a natural’s person sex life or sexual orientation), only if you have provided your explicit consent or if we are legally permitted to do so.

If you provide us with Personal Data about other individuals, such as personal health information or other Personal Data information, please ensure that the individual or the individual’s personal representative is aware of the disclosure and that he or she consents to the disclosure as well as to our Privacy Statement.
 

8. Your Rights Under Data Protection Legislation

In particular but without limitation, the following rights are vested in you by applicable data protection law:

Right of access, rectification, erasure and restriction of processing

You have the right to obtain at any time access to your Personal Data stored by us. If we process your Personal Data, we shall endeavour to ensure by implementing suitable measures that your Personal Data is accurate and up-to-date for the purposes for which they were collected. If your Personal Data is inaccurate or incomplete, you have the right to obtain the rectification of such data. Furthermore, you may have the right to obtain the erasure or restriction of processing of your Personal Data, for example if no legitimate business purpose exists anymore for the data processing under this Privacy Statement or applicable law and the further storage is not required by statutory storage obligations.

Right to data portability

You may have the right to receive the Personal Data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to transmit this data to another controller.

Right to withdraw your consent

If you have given your consent to the collection or processing of your Personal Data, you have the right to withdraw your consent at any time on a prospective basis without affecting the lawfulness of processing based on the consent before its withdrawal.

Supervisory authority competent for complaints

You have the right to lodge a complaint with the following data protection supervisory authority: Information Governance department, Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, United Kingdom.

Right to object

As far as we process your Personal Data on the basis of our legitimate interests pursuant to Art. 6 (1) lit. f) GDPR, you may object to processing at any time. You may find the detailed description of our processing activities and the legal basis in the sections before. If you object, we will no longer process your Personal Data unless there are compelling and prevailing legitimate grounds for the processing or the data is necessary for the establishment, exercise or defence of legal claims. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your Personal Data and decide whether to adjust the processing accordingly.

Please note that the processing of your Personal Data may involve direct marketing activities as described above. If you do not want that we process your Personal Data for direct marketing activities, you can object free of charge at any time via email at DataProtection@livanova.com.

To exercise your data subject rights you may at any time contact us as provided in item 11 below. Please note that when exercising your data subject rights, we may ask you to verify your identity before we can act upon your request.

9. Security

LivaNova takes reasonable steps to protect the Personal Data you provide to and transmit via the LivaNova website and to protect such information from loss, misuse, unauthorized access, disclosure, alteration or destruction. You should keep in mind that no internet transmission is ever completely secure or error-free. In particular, email sent to our website may not be secure.

10. What About Privacy on Other Sites?

The LivaNova website may contain links to other non-LivaNova websites to which this Privacy Statement does not apply. We provide these links for your convenience, but we do not review, control or monitor the privacy practices of websites operated by others. LivaNova is not responsible for the performance of these sites or for your business dealings with them. Your use of any other websites is subject to the terms and conditions of those websites, including the privacy policies of those websites.

11. Contact/Data Protection Officer

If you have any inquiries, complaints, requests, questions or comments regarding LivaNova's Privacy Statement or data privacy practices, please contact our data protection officer at DataProtection@livanova.com.

12. Changes to the Privacy Statement

LivaNova reserves the right to change this Privacy Statement at any time and for any reason. We encourage you to look at this Privacy Statement each time you visit the site and especially before you provide any personally identifiable information.
 
Last updated: June 2019

Third Party Privacy Notice_V1.1.pdf
 

Supplemental Privacy Notice for California Residents

Effective Date: December 23, 2019
Last Reviewed On: December 23, 2019

This Supplemental Privacy Notice for California residents describes how LivaNova PLC, and its subsidiaries (collectively, “LivaNova” or “Company”) collects, uses, and shares your personal information through any LivaNova website (collectively, the “Websites”), offline, or otherwise in the course of Company’s business (the “Services”).  LivaNova is committed to maintaining the privacy and security of your personally identifiable information. Please carefully read this Supplemental Privacy Notice.

This notice for California residents supplements the information contained in our Privacy Statement and applies solely to residents of the State of California. We adopt this Supplemental Privacy Notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Supplemental Privacy Notice. Under the California Consumer Privacy Act (“CCPA”), you have certain rights in relation to some of your personal information, including the right to certain disclosures and explanations of rights. This section explains your rights under California law.

Personal Information We Collect

Company collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household (“personal information”). We collect or obtain the following categories of personal data about you. Please see “How We Use and Share Personal Information” for more information about why we collect the categories of information below.
 

The “personal information” listed above does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.  Company may use or disclose de-identified or aggregated information (that is no longer personally identifiable) for any purpose.  We may share this aggregate data with our parent, affiliates, agents, advertisers, manufacturers and business partners. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.
• Information covered by sector-specific privacy laws like the Health Insurance Portability and Accountability Act of 1996 (HIPAA); the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
• Information about our contractors, employees, or candidates for employment—if you are a Company contractor, employee, or candidate, please see the Company’s Employee Privacy Notice for more information.

Sources of Personal Information
We may obtain all of the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and Services you purchase.
• Indirectly from you. For example, from observing your actions on our Websites using cookies. 
• From publicly available sources.
• From customers, including health care providers and insurance providers.
• From organizations with whom we partner to provide Services to consumers.

How We Use and Share Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet your request or the reason you provided the information;
• To provide, support, personalize, and develop our Websites, products, and Services.
• To create, maintain, customize, and secure your account with us;
• To process your requests, purchases, transactions, and payments, to confirm and communicate with you about appointments and products, and to prevent transactional fraud;
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law);
• To help maintain the safety, security, and integrity of our Websites, products and Services, databases and other technology assets, and business;
• For testing, research, analysis, and product development, including to develop and improve our Websites, products, and Services;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
• For U.S. healthcare providers, to link name, National Provider Identifier (NPI), state license number, and/or IP address to web pages they visit, for compliance, marketing, and sales activities;
• As described to you when collecting your personal information; or
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.

Disclosures of Personal Information for a Business Purpose
In the preceding 12 months, we have disclosed the following categories of personal information to our third-party service providers for the business purposes described above:

• Identifiers.
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
• Protected classification characteristics under California or federal law.
• Commercial information.
• Biometric information.
• Internet or other similar network activity.
• Sensory data.
• Professional or employment-related information.

LivaNova will not share consumers’ personal information with an unrelated third party without permission, except as described below. LivaNova may share personal information with any member of our corporate group, including parent companies, subsidiaries, and affiliates, and other companies in which we have an ownership or economic interest for purposes that are consistent with those identified in our Privacy Statement and this Supplemental Privacy Notice.

Under applicable law, we are permitted to disclose personal information to service providers in accordance with written contracts requiring our service providers to keep the information confidential. In addition to third-party service providers, we share all of the categories of personal information we collect with government entities (if required by law or reasonably necessary to avoid harm).  We may cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behavior which is harmful to other users or illegal. In addition, we may keep, disclose, and use consumers’ personal information in order to comply with U.S. FDA and other governmental guidance, directions, regulations, and laws.  We may also share your personal information, at your request, to business partners that provide Services selected by you.
 

Sales of Personal Information
In the preceding twelve 12 months, we have not sold personal information.  Our policy is that we do not and will not sell your personal information, unless you give us your consent or direct us to do so.
 

Your Rights and Choices About Your Personal Information

Your California Privacy Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not currently respond to “do not track” signals.

Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

• Emailing us at dataprotection@livanova.com, and
• Filling out our Contact Form

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.  We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

More About Your Privacy

California Non-Discrimination Disclosure We will not discriminate against you for exercising any of your California privacy rights under the CCPA.  For example, if you exercise your California privacy rights, we may not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

External Websites
The Websites may contain links to other websites, including, but not limited to, disease state education, advocacy group and professional society websites, investor relations sites, job applicant information gathering, assessment, and testing sites. These third-party sites have their own measures to secure and protect your information. This Supplemental Privacy Notice does not apply to these third-party sites.

Changes to This Supplemental Privacy Notice
This Supplemental Privacy Notice is effective as of the date stated at the top. We may change this Supplemental Privacy Notice from time to time. Please be aware that, to the extent permitted by applicable law, our use of your personal information is governed by the most current privacy statement and notice in effect at the time we collect the information. If you visit the Websites and/or use the Services after a change to this Supplement Privacy Notice is posted on the Websites or otherwise referenced in connection with the Services, you will be bound by such change. Please refer back to this Supplemental Privacy Notice on a regular basis. 

Children’s Privacy
As we are committed to protecting the privacy of children, we do not collect personal information from anyone who is, to our knowledge, under the age of 13. If you are under the age of 13, please do not provide any personal information through the Websites. Company does not knowingly collect any personal information from children. Please do not allow children under the age of 13 to provide any personal information, ask questions, or submit information via the Websites. If you become aware that a child under 13 has provided personal information to Company, please contact us as described in the “How to Contact Us” section, so that we can delete the information.

California “Do Not Track” Disclosures
California law (CalOPPA) requires LivaNova to let you know how we respond to web browser “Do Not Track” (DNT) signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not honor Do Not Track requests at this time.

Questions
If you have any questions regarding this Supplemental Privacy Notice, please contact us at dataprotection@livanova.com.

Information on Data Protection for Customers, Suppliers and other Data Subjects

LivaNova takes the privacy of your information seriously. We are committed to ensuring that information relating to you and from which you can be identified (known as “personal data”) is protected in accordance with our legal obligations under the EU General Data Protection Regulation (“GDPR”) and other applicable national data protection laws. With this Privacy Notice, we would like to give you an overview of the processing of your personal data by us and your rights under data protection law. Which data exactly are processed and the manner in which they are used is principally determined by the services requested or agreed. Therefore, not every element of this information may be applicable to you.

1. Who is responsible for data processing?

Responsibility lies with LivaNova PLC (4th Floor, 20 Eastbourne Terrace, London W2 6LG, United Kingdom) and/or one of its subsidiaries listed in the Appendix attached at the end of this document (“LivaNova”). The individual responsibility depends on which of the LivaNova entities listed in the Appendix processes your personal data as a controller (Art. 4 no. 7 GDPR). For further information on the controller role please contact: dataprotection@livanova.com

2. How can I contact the European Data Protection Officer?

You can contact the European Data Protection Officer under: LivaNova Deutschland GmbH Data Protection Lindberghstr. 25 80939 Munich Germany dataprotection@livanova.com

3. What kind of personal data do we hold?

We may have received personal data directly from you, from our business partners (such as the legal entity for whom you work), other third parties (such as health care facilities) or reliable public sources (such as university or congress websites). We collect different kinds of personal data on you, for example: 

• Name and contact details (e.g. name, sex, email address and/or postal address, telephone number(s))
• Function (e.g. title, position, name of company, as well as for health care professionals field(s) of expertise, education, publications, congress activities, participation in clinical studies and organizations)
• Payment details (e.g. bank details, credit card details, VAT no. or other tax ID)
• Information on your preferences, including communication channels and frequency
• Data provided to us e.g. by filling out forms, during events in which you participate or by answering questions of a survey
• Data relating to our products or services
• Information on a scientific and medical cooperation with us

4. For which purpose do we process your personal data and why is this justified?

We process personal data in accordance with the provisions of the GDPR and other applicable national data protection laws.

4.1 As a result of your consent, Art. 6 (1) (a) GDPR
To the extent you have consented to the processing of personal data by us for certain purposes (such as marketing, mailing newsletters, clinical studies, device tracking), such processing is legitimate based on your consent. Consent once given may be revoked at any time. This also applies to the revocation of declarations of consent given to us before the effective date of the GDPR, i.e. before 25 May 2018. Revocation of consent has an effect only for the future and does not affect the legitimacy of the data processed until revocation.

4.2 In order to comply with contractual obligations, Art. 6 (1) (b) GDPR
Personal data are processed for the purpose of providing services in connection with the performance of our agreements with our customers or for performing pre-contractual measures as a result of queries. The purposes of data processing are primarily determined by the specific agreements regarding services or products (such as purchase of medical devices, repair or maintenance services, participation in events) and may, among other things, include administration of contracts. For further details on the purposes of data processing, please refer to the respective contractual documents.

4.3 Within the scope of the balancing of interests, Art. 6 (1) (f) GDPR
To the extent necessary, we will process your personal data beyond the scope of the actual performance of the contract so as to protect justified interests of our own and of third parties. Please note that, when processing your personal data on this basis, we always seek to maintain a balance between our legitimate interests and your privacy. Examples:

• Tracking of side effects (pharmacovigilance purposes)
• Improvement of our products and services
• Commercialisation of products
• Advertising or marketing and opinion research unless you have objected to the use of your data
• Lodging of legal claims and defence in case of legal disputes
• Ensuring IT security and IT operations
• Prevention and investigation of criminal acts
• Measures for securing buildings and systems (such as admission control)
• Measures to protect our domiciliary right
• Measures for business management and advanced development of services and products.

4.4 On the basis of statutory regulations, Art. 6 (1) (c) GDPR

Moreover, we, as a medical device manufacturer, are subject to various legal obligations, i.e. statutory requirements (such as the EU Medical Device Regulation) which require us to process your personal data in certain cases.

5. Who will receive my data?

Within LivaNova, those departments will be granted access to your data which require them in order to comply with our contractual and statutory obligations. Further, we may transfer personal data within the LivaNova group. Regulatory authorities responsible for medical device approval and product safety may receive personal data from us. Service providers and agents appointed by us may receive the data for these purposes. These are companies in the categories of IT services, logistics, printing services, telecommunication, consultation as well as sales and marketing. Your personal data may also be accessed by or transferred to any national and/or international regulatory, enforcement, public body or court.
In any case, personal data will only be transferred to recipients outside LivaNova if this is required by law, you have given your consent or we have entered into data processing agreements, if applicable.

6. Will the data be transferred to a third country or an international organization?

Data transfers to bodies in states outside the European Union (so-called third countries) will take place to the extent

• you have given your consent, and/or
• we ensure that appropriate safeguards are implemented to provide an adequate level of data protection such as standard contractual clauses approved by the European Commission or adequacy decision by the European Commission. 

7. For how long will my data be stored?

We process and store your personal data as long as this is required to meet our contractual and statutory obligations. If the data are no longer required for the performance of contractual or statutory obligations, these will be erased on a regular basis unless – temporary – further processing is necessary for the following purposes:

• Compliance with obligations of retention under commercial or tax law. In general, the time limit specified for respective retention or documentation is two to 15 years.
• Preservation of evidence under the statutory regulations regarding the statute of limitations. These statutes of limitations may be up to 30 years.

8. What are my rights under data protection law?

Every data subject has the right of access pursuant to Art. 15 GDPR, the right to rectification pursuant to Art. 16 GDPR, the right to erasure pursuant to Art. 17 GDPR, the right to restriction of processing pursuant to Art. 18 GDPR, the right to object pursuant to Art. 21 GDPR and the right to data portability pursuant to Art. 20 GDPR. Moreover, there is a right to appeal to a competent data protection supervisory authority (Art. 77 GDPR).

Your consent to the processing of personal data granted to us may be revoked at any time by informing us accordingly. This also applies for the revocation of declarations of consent given to us before the effective date of the GDPR, i.e. before 25 May 2018. Please keep in mind that such revocation will be effective only for the future with no impact on processing carried out before the date of revocation.

9. Am I obliged to provide data?

Within the scope of our business relationship, you are obliged to provide such personal data which are required for commencing, executing and terminating a business relationship and for compliance with the associated contractual obligations. Without these data, we will generally not be able to enter into an agreement with you, to perform under such an agreement or to terminate it.

Information About Your Right to Object Pursuant to Art. 21 GDPR

Right to object based on individual cases
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Art. 6 (1) (f) GDPR (data-processing on the basis of the balancing of interests).

If you do object, we will no longer process your personal data unless we have compelling justified reasons for such processing which take precedence over your interests, rights and freedom or, alternatively, such processing serves to assert, exercise or defend legal claims.

Right to object to processing for the purpose of direct marketing
In individual cases, we will process your personal data for the purpose of direct marketing. You have the right to object at any time against the processing of your personal data for the purposes of such marketing; this also applies for profiling to the extent it is connected to such direct marketing.

If you do object to processing for the purposes of direct marketing, we will refrain from using your personal data for such purposes in the future.

Recipient of an objection
Any objection may be submitted informally under the heading "objection" indicating your name, your address and your date of birth and should be addressed to:
dataprotection@livanova.com
and/or
LivaNova Deutschland GmbH
Data Protection
Lindberghstr. 25
80939 Munich
Germany

Appendix

Subsidiaries of LivaNova PLC
- LivaNova UK Limited (1370 Montpellier Court, Gloucester Business Park, Gloucester, Gloucestershire GL3 4AH, UK) 
- LivaNova Austria GmbH (Schottengasse 1, 4. Stock, A-1010 Wien, Austria) 
- LivaNova Belgium NV (Ikaroslaan 83, 1930 Zaventem, Belgium) 
- LivaNova Deutschland GmbH (Lindberghstr. 25, 80939 München, Deutschland) 
- LivaNova Finland Oy (c/o Kalliolaw Asianajotomisto Oy Eteläranta 12 00130, Helsinki, Finland) 
- LivaNova SAS (200 Avenue de Paris, 92320 Chatillon, France) 
- Sorin Group Italia S.r.l. (Via Benigno Crespi 17, 20159 Milano, Italy) 
- LivaNova Site Management S.r.l. (Via Benigno Crespi 17, 20159 Milano, Italy) 
- LivaNova Nederland NV (Westdoksdijk 423, 1013 BX Amsterdam, Netherlands) 
- LivaNova Norway AS (P.b. 6395 Elterstad, 0604 Oslo, Norway) 
- LivaNova Poland Sp. z o.o. (ul. Postepu 21, 02-676 Warszawa, Mazowieckie, Poland) 
- LivaNova España, S.L. (AV Diagonal, 123, 08005 Barcelona, Spain) 
- LivaNova Scandinavia AB (Djupdalsvägen 16, 192 51 Sollentuna, Sweden) 
- LivaNova Switzerland SA (Rue du Grand-Pont 12, 1003, Lausanne, Switzerland) 
- LivaNova Holding USA, Inc. (100 Cyberonics Blvd., Houston, TX 77058, USA) 
- LivaNova Inc. (100 Cyberonics Blvd., Houston, TX 77058, USA) 
- LivaNova, USA Inc. (100 Cyberonics Blvd., Houston, TX 77058, USA) 
- Caisson Interventional LLC (6500 Wedgwood Rd. N., Maple Grove, MN 55311, USA) 
- Imthera Medical, Inc. (12555 High Bluff Dr., Suite 310, San Diego, CA 92130, USA)
- LivaNova Canada Corp. (280 Hillmount Road, Unit 8, Markham, ON, L6C 3A1, Canada)
- LivaNova Singapore Pte Ltd (70 Bendemeer Road, #06-03, Singapore, 339940)
- Sorin Medical (Shangai) Co. Ltd (1903C, 19/F, B building, Zhongshan Plaza, No. 1065, West Zhongshan Road, Changning District, Shanghai, P.R. China 200051)
- LivaNova Brasil Comércio e Distribuição de Equipament Médico-hospitalares Ltda (54, Vila Vermelha, Rua Liege, São Paulho, 04298-070, Brazil)
- LivaNova Colombia Sas (No. 69-70, Bodega 37, Avenida Calle 80, Bogotá, Colombia)
- Sorin Group Rus LLC (Office 304, Marshal Proshlyakov Str. 30, Moscow, 123458, Russian Federation)
- LivaNova Japan K.K. (Sanno Park Tower 10F, 2-11-1, Nagatacho, Chiyoda-ku, Tokyo 100-6110, Japan)
- LivaNova Australia PTY Limited (16-18 Hydrive Close, Dandenong South VIC 3175, Australia)
- LivaNova India Private Limited (Barakhamba Road, New Delhi, 110001, India)

LivaNova PLC, 20 Eastbourne Terrace, London W2 6LG, United Kingdom (hereinafter together: “LivaNova”, “we”, “us”, “our” etc.) uses Cookies on its website www.livanova.com (hereinafter “LivaNova website”) to better understand how our visitors use our services and to offer our visitors an optimized user experience. Cookies help us in many ways to make your visit to the LivaNova website more enjoyable and meaningful.

1. Processing of personal data by cookies and other technologies

Certain Personal Data may be passively collected (that is gathered without you actively providing the information) using various technologies, such as Cookies, internet tags or web beacons, and navigational data collection (e.g., log files, server logs, clickstream, etc.) (hereinafter: “Cookies”).
 

2. What is a cookie and what is its purpose?

Cookies are text information files that our web server sends to and places on your computer when you visit the website. Most browsers accept Cookies automatically, but can be configured in their settings not to accept Cookies or to indicate when a Cookie is being sent (for more information please refer to item 5 below). Our Cookies may be disabled or deleted later. You do not have to accept our Cookies in order to use the LivaNova website. If you opt out of the Cookie function, some areas and functions of the website may be disabled.
 

3. Types and purposes of cookies

There are different types of Cookies:

Right to object: As far as we process your Personal Data on the basis of our legitimate interests pursuant to Art. 6 (1) lit. f) GDPR, you may object to processing at any time. You may find the detailed description of our processing activities and the legal basis in the sections before. If you object, we will no longer process your Personal Data unless there are compelling and prevailing legitimate grounds for the processing or the data is necessary for the establishment, exercise or defence of legal claims. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your Personal Data and decide whether to adjust the processing accordingly. Please note that the processing of your Personal Data may involve direct marketing activities as described above. If you do not want that we process your Personal Data for direct marketing activities, you can object free of charge at any time.

• OPERATIONALLY NECESSARY COOKIES are necessary to the operation of our website and services. This includes technologies that (i) allow you access to our website and services, (ii) are required to identify irregular behaviour on our website and services, prevent fraudulent activity and improve security, or (iii) that allow you to make use of our functions such as the reminder of recent actions (e.g., typed text) when you return to a page within the same session. The legal basis for the processing is the provisioning of our website and services to you (Art. 6 para. 1 lit. b GDPR).
• FUNCTIONALITY COOKIES allow us to offer you enhanced functionalities when accessing or using our website and services. This may include identifying you when you sign into our website and services or keeping track of your specified preferences and interests so that we may enhance the presentation of content on our website and services. The legal basis for the processing are our legitimate interests (Art. 6 para. 1 lit. f) GDPR), in particular, the personalization and enhancement of the websites' attractiveness which fulfills your expectations and needs (e.g., by integrating videos and social media tools).
• PERFORMANCE AND ANALYTICS COOKIES allow us to assess, improve and research the performance and use of our website and services, uncover and resolve issues with our website and services, better understand the interests of people who interact with our website and services, and track advertisement campaign performance and efficiency. This includes our analytics activities that help us understand how our visitors use our website and services, determine if you have interacted with our messaging or ads or whether you have viewed an advertisement or link, or to improve the content of our website and services. The legal basis for the processing is our legitimate interests (Art. 6 para. 1 lit. f) GDPR), in particular, the provision of a user-friendly website, which fulfills your expectations and needs as well as our commercial interests such as to improve and customize the content and/or layout of our website and services for individuals or groups of users.

4. What cookies are used by livanova.com?

Please find the list of all Cookies used by LivaNova below:

PERFORMANCE AND ANALYTICS COOKIES

Google Analytics
We use Google Analytics, a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses Cookies that are stored on your computer and allow for an analysis of your website use. The information generated by the Cookies about your use of our website is forwarded to Google and stored on servers located in the USA.

LivaNova has activated the IP anonymization, which ensures that your IP address will be truncated within the member states of the European Union (EU) or contracting states to the agreement on the European Economic Area (EEA). Only in exceptional cases the full IP address will first be communicated to a Google server in the USA where it will be truncated. Google will use this information on our behalf to analyse your use of our website, compile website activity reports for us and render further services relating to website and internet use to us.

You may opt out from the use of Cookies by changing your browser settings. You may also deactivate the service by downloading and installing the browser add-on to deactivate Google Analytics for your current browser, available at: https://tools.google.com/dlpage/gaoptout/.

For further information please visit http://www.google.com/analytics/terms/de.html or http://www.google.com/intl/de/analytics/privacyoverview.html.
 
Cookies placed by LivaNova (“First-Party Cookie”) or third party providers (“Third-Party Cookie”) will either expire when the user closes its browser (“Session Cookie”) or your browser deletes them based on the duration period contained within the Cookie's file (“Persistent Cookie”).

5. How can I disable cookies and manage my preferences?

The majority of browsers are configured to accept, control or potentially disable Cookies through the settings. We nevertheless remind you that disabling navigation or functional Cookies may affect the functioning of the website and/or limit the service we offer.
Below is the procedure to follow to manage Cookies from the following browsers:

• IE: http://windows.microsoft.com/en-us/windows7/block-enable-or-allow-cookies 
• Safari: https://www.apple.com/legal/privacy/en-ww/cookies/
• Chrome: https://support.google.com/chrome/answer/95647?hl=en
• Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

For more information on Cookies and how to manage your preferences for Third-Party Cookies, please go to http://www.youronlinechoices.com. To disable analytical Cookies and prevent Google Analytics and Adobe Analytics from collecting Personal Data on your navigation, you can download the add-on from your browser to deactivate this.

6. Contact / data protection officer

If you have any inquiries, complaints, requests or any questions or comments regarding LivaNova's Cookie Policy or data privacy practices, please contact our data protection officer at DataProtection@livanova.com.
 

7. LivaNova Website Privacy Statement

For any further information with regard to LivaNova’s privacy practices, please view our Privacy Statement, which forms part of this Cookie Policy.

8. Changes to the Cookie Policy

Livanova reserves the right to change this Cookie Policy at any time and for any reason. We encourage you to look at this Cookie Policy each time you visit the site and especially before you provide any personally identifiable information.
 
Last updated: June 2019