Purchasing Data from Customers

Occasionally, Bausch + Lomb purchases data from Customers or healthcare organizations (HCOs) to support essential business activities such as outcomes research, market research, and other legitimate purposes.

These data purchases involve information provided by a Customer or HCO that enhances understanding of scientific, clinical, or business issues related to our products or therapeutic areas and is not otherwise accessible to Bausch + Lomb. Non-patient identified prescriber data is used to facilitate efficient communication with healthcare professionals (HCPs). This data supports various Bausch + Lomb activities, including sharing critical safety and risk information, conducting research, targeting sales and marketing efforts, and monitoring adverse events.

When acquiring non-patient identified data, Bausch + Lomb ensures that agreements include representations and warranties guaranteeing that all data shared meets HIPAA standards for de-identification.

In limited cases, Bausch + Lomb may also purchase patient-identified prescriber and treatment usage data. The company commits to using both non-patient identified and patient-identified data responsibly and in full compliance with applicable laws, while respecting the confidentiality of the data. Any questions regarding the use of non-patient identified prescriber data should be directed to the data’s business owner at Bausch + Lomb and, if necessary, Compliance. Furthermore, Bausch + Lomb honors requests from HCPs who wish to restrict their prescriber data from
Bausch + Lomb sales representatives.

Data may only be purchased if
Bausch + Lomb has a legitimate, documented business need and intends to use the data accordingly. The scope of data purchased must be limited to what is necessary to meet pre-defined needs. All data purchase arrangements must be documented in a written agreement signed by both Bausch + Lomb and the Customer or HCO, have a minimum term of one year unless otherwise approved by the Legal Department, clearly describe the data to be provided, and include a Fair Market Value (FMV) fee for the data. When determining FMV, Bausch + Lomb considers fees for comparable data and ensures proper documentation is maintained.

Prior to entering a data purchase agreement, Bausch + Lomb conducts due diligence to confirm that the data is not already being provided by another source such as another Customer, third-party vendor, or hub, and that it is not otherwise available. If the data is available from a third-party vendor (e.g., IMS Health), Bausch + Lomb prefers to acquire it from the vendor rather than directly from a Customer.

The colleague responsible for data purchases must ensure that data is delivered timely and in the agreed-upon format. They should also evaluate the treatment of fees under government price reporting laws and determine whether these fees must be reported under the federal Physician Payment Sunshine Act or applicable state laws. For assistance, they should consult Managed Markets, Financial Operations, or Compliance.

The following data purchases are prohibited:

• Data purchased as a price term rather than a bona fide fee or as a substitute for discounts or price concessions.
• Data conditional on the purchase of Bausch + Lomb products.
• Data bought at inflated prices.
• Data already provided to Bausch + Lomb under another agreement, data already accessible to the company, or data that Bausch + Lomb does not intend to use.
• Data purchases requiring payment of royalties or tied to developing the indication from which the data was obtained, unless approved by Legal and Compliance.
• Data which Bausch + Lomb has historically received without charge, unless approved by Legal.
• Data intended for purposes unrelated to Bausch + Lomb’s business.