Privacy Policy

This Privacy Policy describes the ways in which we, BioDelivery Sciences International, Inc (“BDSI”), collect, maintain, and use information about you when you visit our site, This is Pain (the “Site”). BY USING THE SITE, YOU CONSENT TO THE COLLECTION AND USE OF INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. YOU ALSO ACKNOWLEDGE THAT WE MAY PERIODICALLY CHANGE, MODIFY, ADD OR REMOVE OR OTHERWISE UPDATE THIS PRIVACY POLICY AT OUR DISCRETION, WITHOUT PRIOR NOTIFICATION. Any change, modification, addition, removal or updates to this Privacy Policy will be effective when the revised Privacy Policy is posted on the Site, so we encourage you to review this page periodically for the latest information on our privacy practices. We will handle your personal information in accordance with this Privacy Policy in effect at the time of collection.

What is Personal Data?

Personal data as used in this Privacy Policy refers to the information that can be used to identify you such as your name, birth date, email address, mailing address, or telephone number.

What Information We Collect

We respect the privacy of the visitors to our Site, so we only collect the personal data about you that you chose to provide it to us. We also may gather information about you automatically through your use of the Site such as your IP address, how you navigate the Site, and the type of device you use to access the Site.

The Site is not directed to children nor is it intended to be used by children. We do not knowingly collect, use or disclose any personal data of anyone under the age of 13.

How We Use Your Personal Data

BDSI may use the personal data that we collect from you to operate our business. This includes complying with applicable laws, regulations and guidance as well as demands or requests made by regulators, courts, and lawful authorities.

BDSI may use your personal data for to improve our day-to-day operations such auditing, data analysis, and research to improve the Site or other BDSI digital platforms, content and services. BDSI may also use your personal data or to monitor and analyze trends and usage related to the Site and our products and services to better understand which parts of the Site and other digital platforms are of the most interest and to improve their design and content.

BDSI may use your personal data to provide you with information or services which may be of interest to you such as newsletters, articles, announcements or other information about products, health topics and disease states that may be of interest to you. We may also use your personal data to communicate with you for other purposes about which we inform you when we collect your personal data or are otherwise evident from the circumstances of the collection of your personal data.

We may also aggregate and/or de-identify data about visitors to the Site and use it for any purpose, including product and service development and improvement activities.

How We Share Your Personal Data

We will not sell, share, or otherwise distribute your personal data to third parties except as provided in this Privacy Policy; however, we may disclose your personal data to other BDSI subsidiaries and affiliates that agree to treat it in accordance with this Privacy Policy. Your personal data may also be transferred to third parties who act for or on our behalf, for further processing in accordance with the purpose(s) for which the data was originally collected or may otherwise be lawfully processed, such as services delivery, evaluating the usefulness of the Site, marketing, data management or technical support. These third parties have contracted with us to only use personal data for the agreed upon purpose, and not to sell your personal data to third parties, and not to disclose it to third parties except as may be required by law, as permitted by us or as stated in this Privacy Policy.

We reserve the right to disclose your personal data as required by law, when we believe disclosure is necessary or appropriate to comply with a regulatory requirement, judicial proceeding, court order, government request, or legal process served on us, or to protect the safety, rights, or property of our customers, the public, BDSI or others.

What about Cookies?

This site also automatically collects “cookies.” A cookie is a small text file that the Site sends to your computer or other internet-connected device to uniquely identify your browser or to store data or settings in your browser. Cookies allow us to recognize you when you return to the Site and help us personalize the way you experience the Site. Most browsers are set to accept cookies; however, you can usually change their settings to refuse cookies or to alert that cookies are being sent. You can also delete cookies that have already been sent to your computer. If you choose to refuse cookies, you may not be able to fully experience all of the features of the Site or other websites that you visit.

The Help section of your browser may tell you how to prevent your browser from accepting cookies.

Your California Privacy Rights

If you are a resident of California, California law may provide you with additional rights regarding the use of your personal information. To learn more about your California privacy rights, see the Privacy Notice for California Residents at the end of this Privacy Policy.

How Long Your Personal Data Is Kept

We will keep your personal data only for the period of time necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by applicable law. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the Site to you; (ii) whether we are subject to a legal obligation; or (iii) whether retention is advisable in light of our legal position.

Privacy Policies of Third Parties

This Privacy Policy only addresses the use and disclosure of data by BDSI. The Site website may contain links to third-party websites, content or service providers for third parties that have their own privacy policies. We encourage you to familiarize yourself with the privacy policies and terms of use provided by all third parties prior to providing them with your personal data.

Security Policies

The Site uses a data security program that contains administrative, technical and physical controls that are designed to reasonably safeguard your Personal Data from unlawful use and unauthorized disclosure; however, no such program or controls are 100% effective, so we do no guarantee the security of your personal data that is transmitted through the internet. We are not responsible for any interception or interruption of any communications or for changes to or losses of data through the internet.

Contact BDSI

BDSI is responsible for the collection, use and disclosure of your personal information under this Privacy Policy. If you have questions about the Privacy Policy, please email us at ThisIsPain@bdsi.com.

You may also request to review, update, or correct your personal data at any time by contacting us at email ThisIsPain@bdsi.com. We will respond to your request in accordance with applicable law. Please note that we may need to retain certain personal data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.

Privacy Notice for California Residents

Privacy Notice Last Updated: October 2019

This Privacy Notice for California Residents (“Privacy Notice”) supplements the information contained in the Privacy Policy above. This Privacy Notice applies solely to visitors and users of the Site who reside in the State of California. This Privacy Notice is provided to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice.

What Information We Collect

The Site collect information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). In particular, our Site has collected the following categories of Personal Information within the past twelve (12) months:

  • Identifiers: first and last name, Internet Protocol (IP) address, zip code, date of birth, and email address
  • Internet or other similar activity: information on how consumers navigate the Site and what type of device they use to navigate the Site

We obtain the categories of Personal Information listed above from the following source categories:

  • Directly from you. For example, from forms you complete on the Site.
  • Indirectly from you. For example, from observing your actions on the Site.

Personal Information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal information covered by certain sector-specific privacy laws, including 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.

How We Use Your Personal Information

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

  • To operate our business, including complying with applicable laws, regulations and guidance as well as responding to demands or requests made by regulators, courts, and lawful authorities.
  • To improve our day-to-day operations such auditing, data analysis, and research to improve the Site or other BDSI digital platforms, content and services.
  • To monitor and analyze trends and usage related to the Site and our products and services to better understand which parts of the Site and other digital platforms are of the most interest and to improve their design and content.
  • To provide you with information or services which may be of interest to you such as newsletters, articles, announcements or other information about products, health topics and disease states that may be of interest to you.
  • To communicate with you for other purposes about which we inform you when we collect your personal information or are otherwise evident from the circumstances of the collection of your personal information.
  • To provide you with information, resources, tips or services that you request from us.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

How We Share Your Personal Information

We may disclose your Personal Information to a third-party for business purposes. When we disclose Personal Information to a third-party for a business purpose, we enter a contract with that third party which describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for one or more of the business purposes identified above:

  • Identifiers.
  • Internet or other similar activity.

We have not sold any Personal Information in the preceding twelve (12) months.

Your Rights and How to Exercise Them

CCPA provides California residents with specific rights regarding their personal information. The below sections describe your CCPA rights and explain how to exercise those rights.

1. Right to Access Specific Information and Data Portability

have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (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.

2. Right to Request Deletion of Your Personal Information

You have the right to request that we delete any of your Personal Information that we have collect from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, 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 providers to:

  1. 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.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. 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.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

3. How to Exercise Your 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 either:

  • By emailing ThisIsPain@bdsi.com
  • By mail to:

    BioDelivery Sciences International
    4131 ParkLake Ave. Suite 225
    Raleigh, NC 27612
    Attention: Law Department

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 two times (2x) 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.

4. Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will 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.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on the Site’s homepage.

Contact Us

If you have questions about the Privacy Policy, please email us at thisispain@bdsi.com.

You may also request to review, update, or correct your personal data at any time by contacting us at email thisispain@bdsi.com. We will respond to your request in accordance with applicable law. Please note that we may need to retain certain personal data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.