Privacy Statement

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.

Category	Examples of Information We Collect
Identifiers.	We may collect name, address, unique personal identifier (e.g., device ID, online identifier), Internet Protocol (IP) address, email address, account name, Social Security number, driver’s license number, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	We may collect name, Social Security number, address, telephone number, state identification card number, credit card number and other financial information, and medical information (including health insurance information).
Protected classification characteristics under California or federal law.	We may obtain information about age, race, gender, and medical condition.
Commercial information.	We obtain purchasing history or transactional data pertaining to our products to comply with our legal obligations, to improve our products, and for the other business purposes described below.
Biometric information.	We may collect biometric information.
Internet or other similar network activity.	We collect information about how you browse or search our website, for our brand, or for our products.
Sensory data	We may collect call recordings (audio information).
Professional or employment-related information.	We obtain information about the institutional affiliations of HCPs to provide our services and for the other business purposes described below.
Non-public education information	We do not collect this category of information.
Inferences drawn from other personal information.	We may collect or maintain profiles reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes in connection with certain Services.

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.