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ResMed Privacy Notice

Last update: May 2018

ResMed (UK) Ltd, 8 Wimpole Street, London, W1G 9SP, 0800 917 7071 as the controller of your data, wants to share with you how we treat personal data we receive about you.

This Privacy Notice provides you with information about your rights and the privacy practices that govern how we process your data. It applies when you interact and transact with us, either in person, via telephone and email, on our social media channels, or on our websites, whenever we refer to or link to this Privacy Notice.

Your relationship with us may also be governed by other privacy notices if you use other ResMed products and services.

 

1. WHAT PERSONAL DATA WE COLLECT ABOUT YOU AND HOW WE COLLECT IT?

In most cases, we collect personal data about you from you, but in some circumstances we may receive personal data about you from third parties. Through certain technologies employed by our websites and mobile applications, we also collect other information about you in accordance with our Cookie Notice.

For more details about the collection of this type of data, please refer to our Cookie Notice.

 

+ END USERS OF OUR PRODUCTS AND SERVICES

Depending on how you interact with us and your country of residence, we collect:

  • your title, first name and last name.
  • your date of birth and your gender.
  • your address and email address.
  • your telephone number.
  • your payment information.
  • your health insurance information.
  • information about your healthcare professionals, including your treating physicians and homecare providers.
  • identification and background information.
  • your authorised representative or guardian’s first name, last name and contact details.
  • information about the products you use, i.e. sleep therapy device, mask, etc.
  • information about the services you use, i.e. from ResMed and externally.
  • your sleep, health, and health-related lifestyle information.

In most cases, there will be an additional notice when we collect your personal data  such as a pop-up form on our website or a form at our clinic, telling you that we are collecting your data at that point.

We collect information about you when:

  • you register an account with us.
  • you interact with us, e.g. when you call, email or visit our website and social media channels.
  • when you make an appointment or visit our clinics.
  • when we receive information and prescriptions from your healthcare professional (if applicable in your country of residence).
  • you sign up to receive marketing communications, or participate in promotional offers and surveys.
  • your healthcare professional provides us data in relation to your medical care (if applicable in your country of residence).
  • we provide products and services on behalf of third parties that you have a relationship with, such as hospitals and homecare providers

 

+ HEALTHCARE PROVIDERS

Depending on how you interact with us and your country of residence, we collect:

  • your title, first name and last name.
  • your telephone number.
  • your practice address and email address.
  • your qualifications and professional registration identifiers.
  • your payment information.
  • information about the ResMed products you purchase and the ResMed services you use.

 

We collect information about you when:

  • you register an account for our services.
  • you register to attend conferences, education sessions and industry events with ResMed or with third parties.
  • we engage you to provide us with a service.
  • you interact with us, including when you meet with our sales representatives and attend training for our products and services.
  • you purchase our products.
  • we are required to report on expenses for any transparency laws that may apply to us.

 

+ HOMECARE PROVIDERS

Depending on how you interact or transact with us and your country of residence, we collect:

  • your title, first name and last name.
  • your date of birth.
  • your business name.
  • your telephone number.
  • your business address and email address.
  • your payment information.
  • your insurer’s details.
  • information about the ResMed products you purchase and the ResMed services you use.

 

We collect information about you when:

  • you register an account for our products and services.
  • you register to attend conferences, education sessions and industry events.
  • you purchase our products.
  • you interact with us, including when you meet with our sales representatives and attend training for our products and services.

 

+ JOB SEEKERS

Depending on how you interact or transact with us and your country of residence, we collect:

  • your title, first name and last name (and any previous names you have held).
  • your gender.
  • your nationalities.
  • your telephone number.
  • your address and email address.
  • information about your legal right to work in the jurisdiction where the role is based.
  • your qualifications and experience.
  • any other details you provide on your resume or during the recruitment process.

We collect information about you when:

  • you apply for a role via our careers website (https://careers.resmed.com) or contact us directly.
  • you work with a recruiting agency.
  • you are referred to us by a ResMed contact.

 

  1. How do we use your personal data?

+ END USERS OF OUR PRODUCTS AND SERVICES

Depending on how you interact with us, we use your personal data:

  • to respond to your requests for information or materials, and to create, develop and maintain our relationship with you.
  • to communicate with you via telephone and unencrypted email and text messages (SMS messages):
    • newsletters and press releases;
    • content relating to products, programs, services or general information we believe may interest you; and
    • relevant, timely marketing messages.
  • to target communications to you on social media platforms.
  • to provide you with products and services, such as
    • technical support;
    • sleep testing;
    • treatment set up and support; and
    • annual treatment reviews to check your therapy and equipment.
  • to communicate with your health insurer and healthcare providers, e.g. to provide them with relevant product information and your treatment outcomes if they have referred you to us for treatment or support.
  • to ensure we do not collect data from children under the age of 13 or otherwise considered a minor under the laws of your country of residence.
  • to conduct statistical analyses, surveys and market research to enhance existing, and develop new products and services, including improvements to our websites.
  • to fulfil our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims and acting as a medical device administrator.

 

+ CUSTOMERS AND HEALTHCARE PROVIDERS

Depending on how you interact with us, we use your personal data:

  • to respond to your requests for information or materials and to create, develop and maintain our relationship with you.
  • when you interact with us, including when you meet our sales representatives and attend training for our products and services.
  • to send you invoices for our products and services.
  • when you register an account for our products and services, and to attend conferences, education sessions and industry events.
  • to communicate with you via telephone and unencrypted email and text messages (SMS messages):
  • newsletters and press releases;
  • content relating to products, programs, services or general information we believe may interest you; and relevant, timely marketing messages.
  • when we engage you to provide us with a service.
  • when we are required to report on expenses for any transparency laws that may apply to us.
  • to conduct statistical analysis, surveys and market research to enhance existing, and develop new products and services, including improvements to our websites.
  • to fulfil our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims.

 

+ JOB SEEKERS

We will use your personal data to:

  • assess your suitability for the role you have applied for.
  • conduct reference checks.
  • communicate with you about your application.
  • fulfil our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims.

 

  1. HOW DO WE PROTECT YOUR PERSONAL DATA?
  • We employ a number of different security and privacy controls to protect your data and to comply with applicable data protection laws. Despite the security measures employed by us, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the internet.
  • If we confirm that your personal data has been subject to a data breach, we will follow applicable data breach notification laws.
  • We will make reasonable efforts to ensure that the personal data collected is the minimum necessary to fulfil the purposes described in this Privacy Notice.

 

  1. WHO DO WE SHARE YOUR PERSONAL DATA WITH?
  • We do not sell or rent your personal data. We only share your personal data in accordance with this Privacy Notice, and to the extent permitted by applicable law.
  • We may share your personal data with any affiliate or subsidiary of, and any company owned and controlled by ResMed.
  • We may share your personal data if some or all of the business of ResMed is transferred to another entity by way of merger, sale of its assets or otherwise.
  • We may share your personal data if we are required to do so by law.
  • If you are an end user of our products and services, we may share your personal data with your healthcare provider.
  • If you are a job seeker and you worked with a recruitment agency to apply for a role at ResMed, we may share personal data you have disclosed to us with the recruitment agency.
  • We may share your personal data in limited circumstances in a controlled and secure manner, with such third-party data processors and service providers that we engage to provide aspects of our services on our behalf. These data processors and service providers are contractually required to keep your personal data confidential and to use your personal data for the sole purpose of performing the services we have engaged them to provide. They may not use your personal data for any other purpose. We use third-party data processors and service providers for:
  • data processing and hosting.
  • marketing.
  • order fulfilment (including shipment and payment).
  • technical support.
  • recruitment.

 

  1. WHERE IS YOUR PERSONAL DATA CURRENTLY HOSTED AND PROCESSED?

To provide our products and services, your personal data may need to be accessed from or transferred to locations outside the jurisdiction in which you provide it.  This may entail a transfer of your personal data from a location within the European Economic Area (EEA) to outside the EEA, or from outside the EEA to a location within the EEA.  Please see ‘Who we share your personal data with’ for more detail on how your personal data may be shared with other ResMed entities and third party service providers.

If your personal data is accessed from or transferred to locations outside the EEA, we will implement appropriate measures to ensure that your personal data remains protected and secure in accordance with applicable data protection laws.  EU standard contractual clauses are in place between all ResMed entities that share and process personal data.

Where our third party service providers (in the course of providing services to us) process personal data outside the EEA, our written agreement with them will include appropriate measures (usually standard contractual clauses).

The European Commission has the power to determine whether a country outside the EEA offers an adequate level of data protection, if data is processed in that country. We rely on the European Commission’s adequacy decision in relation to Canada.

 

  1. ON WHAT BASIS WE USE YOUR PERSONAL DATA?

We use your personal information on the following basis:

  • To perform a contract, such as providing you with the products and services you purchased.
  • For the establishment, exercise or defence of legal claims or proceedings.
  • To comply with legal and regulatory obligations.
  • For legitimate business purposes.
  • With your consent.

 

  1. HOW LONG WILL WE RETAIN YOUR PERSONAL DATA?

 We will retain your personal data for:

  • as long as we are required to do so under the laws regarding medical data and financial record retention.
  • the limitation period for taking legal action.
  • good practice.
  • ResMed’s business purposes.

 

  1. WHAT ARE YOUR PERSONAL DATA RIGHTS?

The European Union’s General Data Protection Regulation and other applicable data protection laws provide certain rights for data subjects.

You are entitled to request details of the personal data we hold about you and how we process it.  You may also have the right in accordance with applicable data protection law to:

  • have it rectified or deleted,
  • restrict our processing of that personal data,
  • stop unauthorised transfers of your personal data to a third party; and in some circumstances,
  • to have personal data relating to you transferred to another organisation.

You may also have the right to lodge a complaint in relation to ResMed’s processing of your personal data with a local supervisory authority.

If you object to the processing of your personal data, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.

Your objection (or withdrawal of any previously given consent) could mean that we are unable to perform the actions necessary to achieve the purposes set out above (see ‘How we use your personal data’).  You also may not be able to make use of the services and products offered by us.

Please note that even after you have chosen to withdraw your consent we may be able to continue to process your personal data to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations.

We must ensure that your personal data is accurate and up to date. Therefore, please advise us of any changes to your personal data by contacting us on privacy@resmed.eu.

Your rights are not absolute and we will assess them on your request.

If you have an account with us, you may be able to self-serve some of these data requests such as updating or correcting your personal data when you visit your user profile on our website. Otherwise, you can send us your request by emailing us at privacy@resmed.eu.

 

  1. PERSONAL DATA FROM CHILDREN

We do not knowingly collect personal data from children. Our website and services are not intended for, or directed to, children. If you are under 13 years of age or otherwise considered a minor under the laws of your country of residence, then please do not use or access our website or services at any time or in any manner.

If a parent or legal guardian becomes aware that his or her child has provided us with personal data without appropriate consent, please contact us by sending an email to

If we confirm that a user is a minor and has provided us with personal data, we will delete such personal data from our databases.