Last Updated: July 13, 2021
By Accessing The Services In Any Manner Whatsoever,You Indicate Your Acceptance Of These Terms Of
The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. Additionally, the Portal is intended only for users who are qualified, licensed healthcare professionals under U.S. law authorized to prescribe, procure and/or dispense UPNEEQ®. By using the Services, you represent and warrant that you meet all of the foregoing applicable eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
No Medical Advice
RVL offers the information through the Services only for general educational and informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. THE SERVICES DO NOT OFFER MEDICAL DIAGNOSIS OR TREATMENT, AND NONE OF THE INFORMATION CONTAINED IN THE SERVICES SHOULD BE CONSTRUED AS PROVIDING MEDICAL ADVICE OR SERVICES OF ANY KIND. ANY CLINICAL DIAGNOSIS OR TREATMENT DECISION REMAINS THE RESPONSIBILITY OF THE HEALTHCARE PROVIDER USING THE SERVICES, AND THE HEALTHCARE PROVIDER USING THE SERVICES SHOULD NOT RELY ON THE INFORMATION CONTAINED THEREIN FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE. Neither RVL nor any third party content provider accessed through your use of the Services (“Sponsor”) is engaged in rendering medical advice or services. Many medical and pharmacoeconomic issues are the subject of debate and diverse opinions. Opinions expressed by guest editors and contributors do not necessarily represent the views of either RVL or any Sponsor.
Our Limited License to You
Intellectual Property Information
With respect to data, information, files, images, and other content you submit or make available through the Services (collectively, “User Content”), you grant, and warrant that you are authorized to grant, RVL a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license to use such User Content to manage, provide, monitor, repair, improve, analyze and operate the Services and for other lawful purposes.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RVL, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RVL. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links to Other Sites
The Services may contain hyperlinks or other connections to websites or content operated by parties other than us, including, but not limited to, our Sponsors. We do not control these websites and are not responsible for them, including their availability, content or any viruses, worms, spyware or malware that may be accessed through them. Our inclusion of hyperlinks or other connections to Sponsor materials does not imply any endorsement of the material on them or any association with their owners. We assume no responsibility whatsoever for our Customers, our Sponsors or our Sponsors’ respective business practices (or any of the information posted or downloaded by our Sponsors through the Services). No portion of the Services shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor, whether in regard to its website, products, services or otherwise.
Linking to the Website
You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You must not use RVL's trademarks or logos without prior written permission of RVL.
Lawful Use of the Services
You agree not to use the Services in a manner that is unlawful or reasonably expected to harm RVL, its employees, licensors, users, or others. Without limitation, you are prohibited from:
Your Obligations for Use of the Portal
To use the Portal, you must be, and hereby represent that you are, a qualified, licensed physician or other qualified, licensed healthcare professional. You acknowledge and agree that the Portal is solely a tool to assist you with the procurement of UPNEEQ for authorized use or dispensing in your clinical practice. The Portal is not a substitute for your own clinical judgment as a healthcare professional. No clinical decisions are to be based solely on the Portal. Clinical decisions must consider clinical history, symptoms, other diagnostic measurements, and other factors that you may deem relevant in your clinical judgment. You, and specifically not RVL, are solely responsible for verifying the accuracy of all patient information and determining the data necessary for you to make clinical decisions, as well as for complying with all applicable laws, regulations and licensing requirements applicable to your delivery of healthcare services and products.
You are solely responsible for maintaining the confidentiality of your information and for restricting access to your devices, accounts, and passwords. You accept responsibility for all activities that occur under your devices, accounts, and passwords. RVL is not responsible for any loss, charges, or damages arising from your failure to maintain the confidentiality of your account. You agree to immediately notify RVL at the e-mail address provided below if you have reason to believe there has been any breach of security related to the Portal, and you acknowledge that we may not be able to mitigate such breach of security until you do so. We may discontinue the Portal at any time.
You consent to transact with us electronically and receive legal notices and other communications electronically, either by e-mail, text messaging, push notifications (in accordance with your device settings), or by notices posted on the Portal. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device or computing equipment capable of accessing the Portal.
If you receive email from RVL that is primarily intended for promoting or advertising UPNEEQ or the Services, and you do not wish to receive further such email from RVL, please contact HCPSupport@Upneeq.com to “opt out” of receiving further emails from RVL primarily intended for promotion or advertising of UPNEEQ or the Services.
If any viewer of the Services responds with information, including feedback data, questions, comments, suggestions, ideas or the like, but excluding order-specific information submitted through the Portal, we shall deem that information to be non-confidential, and RVL shall have no obligation of any kind with respect to such information and shall be free to reproduce, disclose, and distribute the information to others without limitation, and to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information. While we appreciate hearing from you and welcome your comments regarding our Services, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Services, please be specific in your comments regarding our Services and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.
Compliance with Applicable Laws
You are responsible for ensuring that your use of the Services complies with all laws directly or indirectly applicable to you or us. RVL IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE SERVICES IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
Limitation of Liability and Disclaimer of Warranties
While RVL has endeavored to make sure that the information contained in the Services is accurate, RVL cannot guarantee the accuracy of such information.
ACCESS TO THE SERVICES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. RVL AND ITS SPONSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE SERVICES OR THE PRODUCTS SOLD THEREBY. RVL AND ITS SPONSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS,
CONTEMPORANEOUSNESS OR TIMELINESS OF THE SERVICES, (ii) THE QUALITY AND SECURITY OF THE SERVICES, OR (iii) THE INABILITY TO ACCESS THE SERVICES OR THE CONTENT OF THE SERVICES, INCLUDING WHETHER THE SERVICES WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES. WHEN USING THE SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. AS RELEVANT, THESE TERMS ARE WITHOUT PREJUDICE TO AND IN NO WAY LIMIT OR SUBSTITUTE ANY OBLIGATIONS THAT MAY BE OWED BY YOU AS A HEALTHCARE PROFESSIONAL UNDER YOUR LICENSE TO PRACTICE, INCLUDING WITHOUT LIMITATION ANY OBLIGATION OF MEDICAL CONFIDENTIALITY OR UNDER APPLICABLE LAWS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Damages and Remedies
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.
Class Action Waiver
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY LEGAL OR EQUITABLE CLAIM, DISPUTE, ACTION OR PROCEEDING ARISING FROM OR RELATED TO THE SERVICES IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE WILL SEEK TO HAVE ANY SUCH LEGAL OR EQUITABLE CLAIM, DISPUTE, ACTION OR PROCEEDING HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
Limitation on Time to File Claims
Certain Legal Requirements
Certain Rights and Obligations
RVL is based in Bridgewater, New Jersey, in the United States of America. The information available through the Services is intended for use only by RVL’s customers in the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require references to different or additional information. Because of these various laws, regulations, and medical practices, information designed to be used in one country may not be appropriate or legal for use outside that country. Therefore, product information available through the Services may not be appropriate or legal for residents of other countries. If you access the Services from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
We reserve the right to cancel or terminate your right to use the Services, or any portion of the Services, at any time for any reason, with or without cause, and without notice. In such event, you are no longer authorized to access the portion of the Services affected by such cancellation or termination.
Jurisdiction and Choice of Law
RVL Pharmaceuticals, Inc., on its own behalf and its affiliates and/or wholly owned subsidiaries (“RVL”, “we”, “us” “our”), is committed to maintaining the privacy of your Personal Information. This Privacy Notice describes the types of Personal Information we collect from visitors of our public websites and mobile applications and our practices for using, maintaining, sharing, and protecting it. It also describes the rights and choices you may have with respect to your Personal Information and how you may contact us about our privacy practices. This Privacy Notice applies to visitors to the following public websites that are owned and operated by RVL: Upneeq.com, and their associated domains and mobile applications (collectively, the “Sites”). For the purposes of this Privacy Notice, “you” and “your” means you as the user of the Sites.
California residents should read the information available in Section 12 below about the categories of personal information to be collected from them and the purposes for which the personal information will be used.
This Privacy Notice does not apply to the collection and use of certain employment-related information. If you are a current or former RVL job applicant, employee, owner, director, officer, or contractor, please contact us at firstname.lastname@example.org for the appropriate notice
When using our Sites, you may choose to interact with features from third parties that operate independently from RVL, such as social media widgets and links to third-party websites. RVL has no control over and is not responsible for the privacy practices of such third parties. This Privacy Notice does not apply to the extent RVL does not own or control any linked websites or features you visit or use. We recommend that you familiarize yourself with the privacy practices of those third parties.
Privacy Notice is not a contract and does not create any contractual rights or obligations.
Table of Contents
Personal Information that we collect through your use of the Sites may include IP Address, Device ID, online identifier, and business contact information (if you provide us with such information). We may use that Personal Information and link it to Internet or other electronic network activity information, and we may draw inferences about you from the information we collect. We may also collect your name, title, business contact information, phone number, date of birth, state, country, zip code, your health plan, email address or login identification information only if you provide us with such information directly to us when you complete a web form seeking more information.
We may collect Personal Information using the following methods:
For more information about how we use Personal Information collected through tracking technologies and the ways you may be able to manage it, see below.
We may use your Personal Information for the following purposes:
We may share Personal Information with third parties in certain circumstances or for certain purposes, including:
We also may disclose deidentified information. Note that if you make any Personal Information publicly available on the Sites, anyone may see and use such information.
Certain features of the Sites may permit you to initiate interactions between the Sites and third-party services or platforms, such as social networks (“Social Features”). Social Features include features that allow you to click and access RVL’s pages on certain third-party platforms, such as Facebook, Twitter and LinkedIn as applicable, and from there to “like” or “share” our content on those platforms. Use of Social Features may entail a third party’s collection and/or use of your data. If you use Social Features or similar third-party services, information you post or otherwise make accessible may be publicly displayed by the third-party service you are using. Both RVL and the third party may have access to information about you and your use of both the Sites and the third-party service.
Our Sites may contain links to other online platforms operated by third parties. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of your information. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms (such as Facebook, LinkedIn or Twitter) may also be viewable by other users of the Sites and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Sites. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties. Any information submitted by you directly to these third parties is subject to that third party’s Privacy Notice.
Each type of web browser offers ways to restrict and delete cookies. For more information on how to manage cookies visit the appropriate link below.
You may disable or delete browser cookies through your browser settings. Cookies generally are easy to disable or delete, but the method varies between browsers. If you disable or delete cookies, or if you are running third-party software that intercepts or deletes cookies, please note that some parts of our Sites may not work properly.
You can opt out of third parties collecting your Personal Information for targeted advertising purposes in the United States by visiting the National Advertising Initiative’s (NAI) opt-out page and the Digital Advertising Alliance’s (DAA) opt-out page.
Your browser settings also may allow you to transmit a “Do Not Track” signal when you visit various websites. Some of the Sites may not be configured to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit here.
If you have further questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below.
Our Sites are not intended for children under 16 years of age, and we do not knowingly collect or sell Personal Information from children under 16. If you are under 16, do not use or provide any information on these Sites or through any of its features. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete it. If you are the parent or guardian of a child under 16 years of age whom you believe might have provided us with their Personal Information, you may contact us using the below information to request that it be deleted.
We take steps to secure Personal Information through administrative, technical, and physical safeguards designed to protect against the risk of accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. Unfortunately, we cannot guarantee the security of information transmitted through the Internet, and where we have given you (or where you have chosen) a password, you are responsible for keeping this password confidential.
We generally retain records only as long as necessary and as required for our business operations, for archival purposes, and/or to satisfy legal requirements. When determining the appropriate retention period for Personal Information, we take into account various criteria, such as the amount, nature, and sensitivity of the Personal Information; potential risk of harm from unauthorized use or disclosure; purposes for which we process your Personal Information; whether we can achieve those purposes through other means; and business operations and legal requirements. Because we maintain our Sites to protect from accidental or malicious loss and destruction, residual copies of your Personal Information may be retained in our backup and archival systems for a limited period of time, after which the information will be automatically deleted or put beyond use where deletion is not possible.
The Sites are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Any information you provide to us through use of our Sites may be stored and processed, transferred between and accessed from the United States and other countries that may not guarantee the same level of protection of personal data as the one in which you reside. However, we will handle your Personal Information in accordance with this Privacy Notice regardless of where your Personal Information is stored/accessed.
If you are a California resident, certain Personal Information that we may collect about you is subject to the California Consumer Privacy Act (CCPA).
Please note that the CCPA does not apply to, among other things,
Collection of Personal Information
We may collect Personal Information as defined by the CCPA, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include de-identified or aggregate information; publicly-available information that is lawfully made available from federal, state, or local government records; and information covered by certain sector-specific privacy laws.
RVL may collect the following categories of Personal Information about users:
RVL may collect Personal Information from the following categories of sources:
See Section 2 for additional detail.
We may use your Personal Information for the following purposes:
Disclosure of Personal Information
RVL may share Personal Information with the following categories of third parties and discloses the following categories of Personal Information for a business purpose, for commercial purpose, to comply law, in the context of a transaction, or for other business reasons:
|Personal Information||Third Parties|
We may disclose IP address, device ID, or online identifier to service providers, advertising networks, internet service providers, and/or data analytics providers
We may disclose name, email address, date of birth, phone number, NPI number, federal and state license information, practice information and address if you provided it to us via form on the website or during an incomplete or failed registration to Service providers.
|Commercial information||Service providers|
|Internet or other electronic network activity information||Service providers, advertising networks, internet service providers, and/or data analytics providers|
|Protected classifications||Service providers|
|Health and medical information||Service providers|
|Geo-location data||Service providers|
|Professional or employment information||Service providers|
|Inferences about you||Service providers|
See Section 4 for additional detail.
If you are a California resident, and in accordance with the CCPA, you have the right to:
Requests to Know and Access
You have the right to request that we disclose to you the following information:
Instructions for submitting a verifiable request are provided below.
You may only make a request for access twice within a 12-month period.
Requests to Delete
You have the right to request that we delete Personal Information about you that we have collected, subject to certain exceptions.
Instructions for submitting a verifiable request are provided below.
Requests to not sell your Personal Information.
RVL does not sell your Personal Information.
How to Exercise Your Rights
You may submit Requests to Know or Access and Requests to Delete in the following ways:
By submitting a written request to:
RVL Pharmaceuticals, Inc.
400 Crossing Boulevard
Bridgewater, NJ 08807
By sending an email to: privacy@RVLpharma.com
By calling our toll-free number: 1-833-RVL-CALL/1-833-785-2233
As required under applicable law, we must take steps to verify your request before we can provide Personal Information to you, delete Personal Information, or otherwise process your request. To verify your request, we may require you to provide your name, physical address, email address, contact information, and information about your account or previous transactions with us. If you have only visited our public Sites and did not provide any Personal Information to us via a web form or through the registration process, we will need you to provide us with your IP address or device ID in order for us to determine if we have that information. We will not be able to determine if we have your IP address or device ID from your name, physical address, email address, contact information, or account information.
We will further verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as your date of birth or government identifier, in order to protect against fraudulent requests.
We will deliver Personal Information that we are required by law to disclose to you in the manner required by law within 45 days after receipt of a verifiable request, unless we notify you that we require additional time to respond, in which case we will respond within such additional period of time required by law. We may deliver the Personal Information to you electronically or by mail at your option. If electronically, then we will deliver the information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information from one entity to another without hindrance.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us by the information provided in the “How to Contact Us” section below to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require verification of the agent’s authorization to act on your behalf, require you to confirm you have authorized the agent to act on your behalf, or require you to verify your own identity.
Right to Nondiscrimination
You have the right to be free from discriminatory treatment for exercising the privacy rights conferred by the CCPA, including not being: denied goods or services; charged different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provided a different level or quality of goods or services; or suggested that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
This Privacy Notice may be updated periodically to reflect changes in our privacy practices. It is your responsibility to review the Privacy Notice from time to time to view any such changes.
Should you have any questions about our privacy practices or this Privacy Notice, please email us at privacy@RVLpharma.com or contact us at.
RVL Pharmaceuticals Inc.
400 Crossing Boulevard
Bridgewater, NJ 08807
NPI # is duplicate - Email to Administrator