Informatique et libertés

Privacy Statement updated 18th June 2019


As part of a global organisation which manufactures, markets and distributes a range of quality healthcare products throughout the world, Fisher & Paykel Healthcare Corporation Limited and each of our subsidiaries (“F&P Healthcare”) recognise the importance of the personal information you entrust us with.

We are committed to doing the right thing by respecting and protecting the privacy rights of our end users, customers, employees, shareholders, research participants and prospective employees who would like to join our company, by design and by default. We ensure that the approach we take to privacy reflects and upholds our values. Care drives our commitment to privacy.

At F&P Healthcare, we endeavour to provide transparency and choice in relation to the collection and processing of personal information. Our products and services may require personal information in order to provide you with the service or product you requested. If you choose not to provide all the information requested, you may not be able to use the product or service as it was intended.
 
This Privacy Statement outlines how and why we collect, use, share and protect personal information at F&P Healthcare. It applies to all interactions you may have with F&P Healthcare and our products and services, whether you are an end user, customer, shareholder, research participant or prospective employee.
 
We update this statement regularly so please check our online Privacy Statement for the most recent version.
 
We may provide courtesy translations for some languages to better serve our customers. If any discrepancies exist, the English version will prevail.
 
 

Table of Contents

I. F&P Healthcare Activities Which May Involve the Processing of  Personal Information
  1. Sales & Distribution
  2. F&P Products
  3. InfoSmart Web™
  4. Training and Education
  5. Customer Care
  6. Events and Conferences
  7. Clinical Trials and Research
  8. Marketing
  9. Use of Web technologies
  10. Employee Applicants
  11. Shareholders
II. International Transfers
III. Privacy of Minors
IV. Security of your Personal Information
V. Your Privacy Rights
VI. Contact Us
VII.
Updates to this Privacy Statement

 
I.  F&P Healthcare Activities Which May Involve the Processing of Personal Information

1.1 What we collect

We may collect your identification and contact information if you are a customer, such as your name, email address, phone number, customer code, delivery address and invoice address to facilitate the requested sale and distribution of our products and services. For customers who represent or act on behalf of a business or organisation, the contact information we collect will generally be your business email, phone and address. We may also collect information about your role and notes relevant to past and present inquiries and sales from you. To facilitate the payment of products and services, we may collect customers’ financial information such as bank details, creditworthiness, credit limits, payment terms, tax jurisdiction etc.

F&P Healthcare largely operates business to business sales and distributions to customers who provide our services and products to end users. However, we may distribute some products directly to end users in some instances and may collect and process end user information, in each case as a service to our customers. Therefore, we may collect end user contact information, such as email, phone, home or postal address, and financial information relating to payment to sell and deliver to end users directly.
 
1.2 Why we need to collect it

We collect your personal information to provide the products or services you request, maintain our customer relationships and respond to customer inquiries. We also collect this information to comply with our financial reporting and accounting obligations, including the management of invoices and recovery of debt.

1.3 How we collect and use it

We generally collect this personal information directly from you as a customer during your interaction with F&P Healthcare, through contact forms on our website, or events and conferences F&P Healthcare are involved with. However, we may also collect your information through our affiliated sales partners which our customers may liaise with. 

We use your personal information to process requested quotes and sales orders, to supply and deliver to you the products and services you requested, keep a record of our customers’ purchase history, to respond to customer queries, to maintain business relationships, and to perform any other legal and contractual obligations we may have.

Personal information collected under a contract will be kept for the duration of the time of the contractual relationship or as long as required to comply with our legal obligations.

1.4 What we share

We may share your personal Information within F&P Healthcare and our F&P Healthcare entities to provide you with the products and services you requested, for customer support, sales and distribution support, supply chain activities and reporting. We also may need to share some of your contact information with our third-party distributors, service providers, delivery services and freight companies.

It is possible we may need to disclose some personal information to meet our legal obligations to regulatory bodies, law enforcement bodies or government agencies. When this happens, we are careful to make sure that this is both lawful and necessary.
 
If you would like more information about the types of information we collect and how we use, share and protect it, you can request this from the Privacy Team at F&P Healthcare at privacy@fphcare.com

Our products fall into two main categories: hospital devices and homecare devices. Hospital devices are generally multi-user devices that do not collect any identifiable information. These devices collect anonymised operational data only. Homecare devices generally relate to single-user owned medical devices that can be used in the personal home and may collect end user health information which is stored on the device.


2.1 What we collect

Our hospital devices generally collect anonymised health information for multiple individuals and do not record identifiable personal information. The devices may log operating data such as temperatures, air flows and device alarms. This information will not be collected by F&P Healthcare alongside any personally identifiable information or matched to other identifiable records.

Our monitored homecare devices collect health information from end users while they are using their device at home. They record health and medical information relating to the efficacy of an end user’s therapy which may be shared with their authorised healthcare professional or homecare provider or sleep laboratory (collectively known as “Healthcare Providers”).

If you are an end user, we may collect your personal information to assist effective use of your monitored homecare device. Your Healthcare Provider will assist you to register your device on our InfoSmart Web™ web-based software platform. The information we collect during the registration process may include your name, contact details, date of birth, phone number, email address, login details, IP address, your device’s serial number, personalised settings and the date your device was set up. This information will be linked with the health information collected by the monitored homecare device. After your device is registered for use with InfoSmart Web, if you consent, data relating to the usage of your device and the efficacy of your therapy will be collected and stored. This data will include health information, such as times and dates of use of your monitored homecare device, personalised settings, details of mask leak and other sleep therapy information, including your sleep hours and your Apnoea Hypopnea Index.

You may also download and use the F&P SleepStyle™ mobile phone application to access and view your personal information, usage of the device and efficacy of the therapy which is held on the InfoSmart Web platform. When you choose to download F&P Sleepstyle, we will request that you provide us with your identity and contact information, serial number of your device and details of your mask. You will also be asked to create a username and password to access your account in the application. You can also choose to subscribe to our email marketing lists through the application and provide your preferences and interests so that we can send you email communication that you are interested in.

2.2 Why we need to collect it

We collect anonymised health information relating to our hospital devices for diagnostic purposes only and to provide medical therapies. The information collected on F&P Healthcare hospital devices is only kept for a limited period before being automatically deleted on each device.

We collect your personal information relating to monitored homecare devices to ensure the efficacy of your device and your treatment as part of the therapy treatment you have requested from your Healthcare Provider. We may also collect and process information for the purpose of providing your Healthcare Provider with the InfoSmart Web platform, providing you with the F&P SleepStyle mobile phone application, and any other information or services we make available to you via the F&P SleepStyle mobile phone application.

2.3 How we collect and use it

Information is generated and collected by the hospital device itself for diagnostic purposes only. The anonymised information that may be logged on any of our devices will be automatically deleted within 2-3 days. Diagnostic information generated on the hospital device can be downloaded onto a USB device (the process is password protected) for use by Healthcare Providers.

End user information collected in relation to a monitored homecare device may be collected through your interactions with your Healthcare Provider, through InfoSmart Web, through the device modem, a USB connected to the device or through the F&P SleepStyle mobile phone application. If you are an end user, we use your therapy information to inform your Healthcare Provider with information about the usage and efficacy of your treatment. Your contact, heath, device and account information is stored and managed by F&P Healthcare. Information uploaded to InfoSmart Web and the F&P SleepStyle mobile phone application will be encrypted in transit and storage.

Your personal information will be held in secure servers in New Zealand, the European Union (the Netherlands or France) or the United States of America (depending on local laws and requirements). We will only retain your information for as long as necessary to fulfil the purposes for which the information was initially collected. We will delete your information once your account becomes inactive.

2.4 What we share

The information recorded on our hospital devices are used and shared by our customers to effectively treat end users. Healthcare Providers may provide details of hospital devices and its diagnostic information to F&P Healthcare alongside identifiable personal information for post market monitoring, product support and complaint information. For more information on how we collect post market monitoring information, please see the Customer Care section of this statement.

If you are an end user using our monitored homecare products, we may share your medical device and health information with your authorised Healthcare Providers so that they can provide you with the health treatment and services you have requested. In some cases, we may also share information with your insurers as required by your insurer to enable payments to be made for the use of your device. All insurer authorisation requests are vetted and an identification process is followed before an insurer of a Healthcare Provider is approved through InfoSmart Web.

It is possible we may need to disclose some personal information to meet our legal obligations to regulatory bodies, law enforcement bodies or government agencies. When this happens, we are careful to make sure that this is both lawful and necessary.
 
For more information about the types of information we may collect, how we use and share it, and to learn more about your privacy rights, ask us at privacy@fphcare.com

3.1 What we collect

InfoSmart Web is an online platform that allows authorised healthcare professionals, homecare providers or sleep laboratory (collectively known as “Healthcare Providers”) to access and view their end users’ therapy information related to their use of our monitored healthcare devices.

If you are a Healthcare Provider registering to use the InfoSmart Web platform, we will collect your contact and login information in order to create an account. If you are an end user, we will collect and process your personal information on behalf of your authorised Healthcare Provider(s). This information may include name and contact information, national health identifiers, device information, medical therapy progress, medical/health monitoring, therapy history and lifestyle information.

3.2 Why we need to collect it

We collect Healthcare Provider and end user personal information to provide you with InfoSmart Web services. To provide an account, we need to collect and store end user information relating to the end user’s name, contact information, device information and therapy details. Information relating to the use of the monitored homecare device is collected to ensure the efficacy of the monitored homecare device and therapy treatment to provide healthcare providers with information relevant to providing end users with requested healthcare services.

3.3 How we collect and use it

We collect end users’ personal information from their authorised Healthcare Providers, as they interact with the F&P SleepStyle mobile application, through the Infosmart Web platform, and our monitored homecare devices. Information collected by F&P Healthcare monitored homecare devices are transmitted to InfoSmart Web electronically or directly from the device using its USB data transfer functionality. We may also collect and use information relating to your preferences and interests in order to provide you with marketing communication that you have requested through the F&P SleepStyle application. Personal information is kept for as long as necessary to provide the services requested from F&P Healthcare and to comply with our legal obligations.

3.4 What we share

We may share end users’ personal information with their authorised Healthcare Provider(s) as part of the healthcare services they have requested from them. In some cases, we may also share information with your insurers as required by your insurer to enable payments to be made for the use of your device. All insurer authorisation requests are vetted and an identification process is followed before an insurer of a Healthcare Provider is approved through the InfoSmart Web.

We may also share your personal information within our F&P Healthcare entities for InfoSmart Web service provisioning and support, customer support, and to enable effective management and efficacy of our monitored homecare devices and therapies in order to provide you with the products and services you requested.
It is possible we may need to disclose some personal information to meet our legal obligations to regulatory bodies, law enforcement bodies or government agencies. When this happens, we are careful to make sure that this is both lawful and necessary.
 
If you would like more information about the types of information we collect and how we use, share and protect it, you can request this from the Privacy Team at F&P Healthcare at privacy@fphcare.com.

4.1 What we collect

We may collect personal information you provide us with as a customer to register an account to access our learning program and materials, including your name, email, role/time and place of work. We may collect information about your learning progress, use of the learning platform, any feedback you provide us and any other interactions with us relating to our training and education services.

4.2 Why we need to collect it

We need to collect your personal information to register the account you requested and to provide you with relevant learning and educational services and resources. We provide these services and resources for our customers to help them feel more comfortable using our products and to help ensure products are correctly set up for their intended use.

4.3 How we collect and use it

We collect your personal information through our online learning platforms, feedback you provide directly to us through our website or interactions with F&P Healthcare representatives. We use your personal information provide you with an account for our online training and education services, provide effective learning and education experiences and provide training and education support. We may use information about your learning progress, use of the learning platform, feedback you provide us and interactions with us to improve our services and provide more relevant, effective training and education content.

We will retain your personal information for as long as necessary to perform training and education activities for which the information was initially collected.

1.4 What we may share

We may share your personal information healthcare provider or your employer. We may also share your personal information within our F&P Healthcare entities for training and education service provisioning and support in order to provide you with the products and services you requested.

It is possible we may need to disclose some personal information to meet our legal obligations to regulatory bodies, law enforcement bodies or government agencies. When this happens, we are careful to make sure that this is both lawful and necessary.
 
If you would like more information about the types of information we collect and how we use, share and protect it, you can request this from the Privacy Team at F&P Healthcare at privacy@fphcare.com.

5.1 What we collect

To provide our customer care services, we may collect your personal contact information such as your name, email address, phone number, city, zip code and country of residence. If you contact Customer Care on behalf of your employer, we will collect information about your place of work, your role, specialty and reason(s) for contacting us.

For support relating to product use and incidents, we may also collect end user information including name, age, contact information (e.g. email, phone, address), information about lifestyle, medical or health conditions before and after product incident, pathology, specialist reports and images, video and audio relating to the applicable product, end user or customer and reported incident. We may also collect information you share about your experience with our products publicly online or in other media.

5.2 Why we need to collect it

We collect your personal information to ensure timely response to customer or end user feedback, complaints or inquiries you may have. We monitor post-market feedback and incidents on our products to identify whether product issues may exist that require a recall, for areas of product improvement and to comply with our legal obligations as a medical device provider.

5.3 How we collect and use it

We may collect your personal information directly from our interactions with you or through our sales representatives, our product and distributor enquiry forms, contact forms on our website, or any other interaction you have with us through email, post or telephone.

Generally, we collect and use personal information to identify, investigate and/or report product incidents to relevant authorities and comply with our regulatory and legal obligations. We may also use your information to contact you regarding complaints or queries you have submitted to F&P Healthcare. We will retain your information for as long as necessary to answer your queries and to comply with any regulatory or legal obligations.

If you participate in any of our surveys or provide us any feedback, we use your personal information for product development, product improvement and customer support. If you provide personally identifiable information or contact information, we may use your information to respond to requests and meet our legal or regulatory obligations.

5.4 What we share

We share your personal information internally to manage feedback, complaints and inquiries you may have. We may share information with other F&P Healthcare entities for support, to manage product investigations, for reporting and support to manage our compliance obligations.

It is also possible we may need to disclose some personal information to various regulatory bodies, law enforcement bodies or government agencies to meet our legal and regulatory obligations. When this happens, we are careful to make sure that this is both lawful and necessary.
 
If you would like more information about the types of information we collect and how we use, share and protect it, you can request this from the Privacy Team at F&P Healthcare at privacy@fphcare.com.

6.1 What we collect

F&P Healthcare hosts and sponsors educational events throughout the year. These include in-person conferences and courses around the globe. If you register for these events, we may collect your name, email address and contact information. We may also ask for your relevant dietary requirements or special assistance needs to cater the event. This may infer, or reveal, information about your health or religious, political or philosophical beliefs. During or after the event or conference, we also may request to collect your feedback about the event or conference you participated in.

6.2 Why we need to collect it

We need to collect your personal information to register your interest and attendance in our events or conferences and provide you relevant information about the event. If you choose, we collect information relating to your dietary requirements or special assistance needs to ensure we can appropriately cater for you and provide an enjoyable experience.

We may also collect your information to receive your feedback relating to our event, products or services and to provide you with educational and marketing information that may be of interest to you.

6.3 How we collect and use it

We may collect your registration information through our Sales Representatives, through an online events portal, over the phone or by email. We collect your information to register you for the event, to provide you with information and services associated with the event, and collect feedback. We use your feedback to identify whether we can improve our events next time, for product improvement, product development and customer support.

We store your information in our database(s) and third-party technology platforms. We will only retain your information for as long as necessary to fulfil the purposes for which the information was initially collected.

6.4 What we share

Your information will only be shared within F&P Healthcare and with our relevant trusted third parties to support and cater for the event or conference. We do not sell any of your personal information and only share information with third parties as required and necessary for the purposes for which it was collected.

It is possible we may need to disclose some personal information to meet our legal obligations to regulatory bodies, law enforcement bodies or government agencies. When this happens, we are careful to make sure that this is both lawful and necessary.
 
For more information about the types of information we may collect, how we use and share it, and to learn more about your privacy rights, ask us at privacy@fphcare.com.

7.1 What we collect

We collect your personal and health information if you volunteer to participate in a clinical trial or research project. Participation in clinical trials and research is completely voluntary. We collect this information with your express consent only.

During the trial or research process, we will collect information relating to the clinical trial or research, as outlined in the privacy notice and consent form relating to each clinical trial or research, including the investigators’ name and surname, telephone number, email and resume. We will also collect end user information involved with the clinical trial or research which may include their identification data, name, surname, date of birth, gender, patient code and other information relating to the purpose of the clinical trial or research. This often includes information which may infer or reveal medical or health information, and may include the end user’s medical condition(s), weight, height, BMI, medications, surgical operations, changing medical condition(s) throughout the clinical trial, psychological conditions, therapies and therapy effectiveness. Information may include observations about you and your use of our products, medical notes, audio and video recordings, interview notes, photos, videos and outcomes. We may also collect other personal information, such as dietary requirements and lifestyle if relevant.

We recognise personal information relating to clinical trials and research can be sensitive and we endeavour to anonymise, de-identify or pseudonymise trial and research information where possible.

1.2 Why we need to collect it

We collect your information in relation to your participation of our clinical trials and research with your explicit consent. Your participation is voluntary and you can withdraw at any time. We conduct clinical research and trials to improve and develop our products with the aim of better health outcomes for the end-users of our products, to test the quality and safety of our products, to comply with our regulatory obligations and, most importantly, to ensure your health and welfare during our clinical trials and research at all times.

7.3 How we collect and use it

We collect personal information directly from you and through our trusted third party clinical or research partners, such as research agencies, healthcare professionals and homecare providers you have authorised to share access to hospital records, medical notes and observations, images, videos and audios, or other information with your consent. We may also collect information from surveys or questionnaires you participate in, medical devices and any other communications with you. We will use your information according to the purposes we notify you of the clinical trial or research, including what information will be collected, how it be used and shared, before giving you the option to participate. We will not use your information for any other purposes than what we have notified you at the time you provided consent. You can withdraw your participation at any time.

We may keep a record of your participation in any F&P Healthcare clinical trial or research project and your contact information in case we need to contact you after the trial or research has concluded or if we identify any additional purposes which we may need to use your personal information for additional consent. You can withdraw consent to the use of your information in this way at any time.

We have to comply with regulatory requirements to keep the results of clinical trials for at least 15 years after the trial has been completed. Following the legal retention period, we will destroy the data, keeping only de-identified information and any published results or outcomes.

7.4 What we share

We share information with relevant Ethics Boards, District Health Boards, Healthcare Professionals or other auditors, regulatory or governmental bodies as necessary to perform and facilitate a clinical trial or research project and ensure the welfare of the participants. Where possible, we endeavour to anonymise your information, de-identify or pseudonymise it.

We may publish papers or articles detailing the outcome of the clinical trial or research project. We may also share results of any research of clinical trial at conferences or other F&P Healthcare events. We will not identify you in any publication of the clinical trial or research project. Generally, all published clinical trial or research data will be de-identified. However, in some cases, we may pseudonymise data in published reports or media. If you have any concern and would like to object to the use your information in this way, please email us at privacy@fphcare.com.

We may share your personal information with our other F&P Healthcare entities for clinical trial and research support, product development and improvement, and for support to comply with our legal and regulation obligations.

It is also possible we may need to disclose some personal information to various regulatory bodies, law enforcement bodies or government agencies to meet our legal and regulatory obligations. When this happens, we are careful to make sure that this is both lawful and necessary.
 
For more information about the types of information we may collect, how we use and share it, and to learn more about your privacy rights, ask us at privacy@fphcare.com

8.1 What we collect

With your consent, we may collect your personal information such as name, surname, email address, city, country, professional identifying number, company name (e.g. hospitals, hospital department), role, professional interests, and preferences and interests to provide you with relevant information and products and services that we believe will be relevant and interesting to you when you make a request to receive marketing and event information from F&P Healthcare.

When you use our website, or subscribe to email marketing, we may collect your IP address, device identifiers and information, browser information and cookies about your online use and preferences. More information about online technologies and information we collect on our website is in Section 9.

8.2 Why we need to collect it

We collect your personal information with your consent, when you request and subscribe for marketing or information about our products and services that we believe you will find interesting and relevant. We collect and use online information so that we can give you a good online experience when interacting with F&P Healthcare, to identify whether we can improve our online services and experiences, and to assist with troubleshooting.

8.3 How we collect and use it

We generally collect your personal information directly from you when you provide it to us through our website, at a F&P Healthcare conference or education event or through one of our F&P Healthcare representatives.
We may collect information regarding your interests if you choose to provide this when you subscribe to our email mailing list. We use this information, and information about your role, to identify what content may be interesting and relevant to you. You can manage your email marketing subscriptions and unsubscribe to our mailing list at any time using the links provided within each email.

The data collected for marketing purpose will be kept for a period up to two years from the last contact with you.

8.4 What we share

We may use trusted third-party tools to collect or manage information about you and your requests for marketing subscriptions, but do not share your personal information with third parties for any other purpose unless you have consented to or what is necessary to manage your subscriptions. We also do not sell your personal information. We endeavour to implement and use our third-party tools with privacy by design principles and have technical, organisational and legal safeguards to protect your personal information and use it respectfully.

We share personal information with other F&P Healthcare entities to manage and support your email and marketing subscriptions.

It is possible we may need to disclose some personal information to various regulatory bodies, law enforcement bodies or government agencies to meet our legal and regulatory obligations. When this happens, we are careful to make sure that this is both lawful and necessary.
 
For more information about the types of information we may collect, how we use and share it, and to learn more about your privacy rights, ask us at privacy@fphcare.com.

9.1 What we collect

We may collect personal information about your use and interactions with our website and online services. This may include your IP address, device identifier and information, browsing history and habits, and online preferences, and information relating to cookies. Information relating to cookies may include functional information to support the operations of the website, your preferences so that you can have a more efficient, personalised online experience (e.g. remembering your name, email and other form data), and analytical about users who visit our website and how they use it.

9.2 Why we need to collect it

We want to give you the best experience we can while visiting our website, using our applications or accessing our e-learning platforms. We use cookies and other technologies to allow us to enhance and personalise your online experience and ensure you see material that you might find relevant and interesting.

9.3 How we collect and use it

Our website and marketing emails use tracking web technologies, such as cookies and web beacons to make your online experience more enjoyable, easier and more efficient. You do not have to accept cookies to use our website and web services. You can disable these in your browser settings as indicated in our cookies banner at any time.

We use information about your website behaviour and preferences to continually improve our website so that is quick and easy for you to use. We will also use this information to inform our sales and advertising operations. These technologies may provide us with information about how our email campaigns have performed and what actions you, as a subscriber, may have taken in response to it.

9.4 What we share

We use a number of trusted third-party tools to collect the information above so we can provide you with content that we believe you might be interested in and enjoyable online services. We endeavour to implement and use our third-party tools with privacy by design principles and have technical, organisational and legal safeguards to protect your personal information and use it respectfully.

We share personal information with other F&P Healthcare entities to manage and provision the use of our online and web technologies. We do not sell or share your personal information with any other external third parties.

It is possible we may need to disclose some personal information to various regulatory bodies, law enforcement bodies or government agencies to meet our legal and regulatory obligations. When this happens, we are careful to make sure that this is both lawful and necessary.

For more information about the types of information we may collect, how we use and share it, and to learn more about your privacy rights, ask us at privacy@fphcare.com.

10.1 What we collect

During our recruitment process we may collect your personal information as a prospective employee, including your name(s), surname, address, email address, phone number, education degree(s) and transcript(s). We may also collect information in connection with your professional life that you provide us, such as your CV, current and previous job position(s), contact details of former employees for references, and any other information you choose to provide as part of your application for employment. This may include information about personal life. We may also collect some information which is publicly available, such as on professional media sites e.g. LinkedIn. We will also collect information relating to your background which includes a criminal background check, and may also include a personal financial/credit check.

We will only collect personal information and contact your references with your consent. We will also only perform background checks with your express consent.

10.2 Why we need to collect it

We need to process your personal information in order to review and process your application as a prospective employee in line with our recruitment process and assess whether you would be a good fit for the role you have applied for and for F&P Healthcare’s culture and values.

10.3 How we collect and use it

Prospective employees’ applicant information is collected directly from you wherever possible. However, we may also collect it from a trusted third party whom you have authorised to share your personal information, such as:

  • Recruitment agencies.

  • Public information sources, including professional networking sites e.g. LinkedIn.

  • Previous and current employers, colleagues and customers to confirm your employment or as a reference

  • Agencies which perform background checks e.g. financial/credit, criminal.

Your personal information is kept for as long necessary to complete the recruitment process for the role you have applied for. Unsuccessful applicant information may be retained by F&P Healthcare for up to two years (depending on local requirements). With your consent, we may continue to use your applicant information to see if you could be a good fit for another role at F&P Healthcare which you may be interested in and to contact you about these vacancies. We may also use applicant information to review our recruitment processes to assess whether our recruitment processes are fair and effective. F&P Healthcare may retain information for longer if we have legal requirement to do so or have a legitimate business need.
 
Applicant information for successful individuals will be retained as part of the applicants’ new employee record and kept in accordance to our internal Employee Privacy Policies.

10.4 What we share

We may share personal information with other F&P Healthcare entities to support our recruitment process and to assess whether you would be a good fit for the role you have applied for. They may also support our HR processes. Information may be shared with other F&P Healthcare entities for unsuccessful applicants who have consented to F&P Healthcare retaining their information in case there are vacancies within our other entities which they may be suitable for and interested in.

It is also possible we may need to disclose some personal information to various regulatory bodies, law enforcement bodies or government agencies to meet our legal and regulatory obligations. When this happens, we are careful to make sure that this is both lawful and necessary.
 
For more information about the types of information we may collect, how we use and share it, and to learn more about your privacy rights, ask us at privacy@fphcare.com.

11.1 What we collect

We may collect personal information relating to shareholder identity and contact information, as well as information relating to prospective shareholders that have expressed an interest in investing in F&P Healthcare. We may have access to information regarding the number of shares a shareholder may hold and previous history of shares purchased and sold. We do not collect or hold any bank account details or financial information of Shareholders who are not employed by F&P Healthcare.

11.2 Why we need to collect it

We collect contact information relating to our shareholders to provide regular, relevant company updates and information about the company’s performance.

11.3 How we collect and use it

We may collect shareholder and prospective shareholder information to respond to any shareholder queries and to communicate with shareholders as necessary.

We use trusted third parties to manage shareholder dividends and to perform investor and market analysis. We use information gathered by these third parties to provide company updates, annual reports and to hold shareholder meetings.

If you are a current Employee who owns shares, please see our internal Employee Privacy Policy to see how we collect and use your personal information as a shareholder.

11.4 What we share

We may share contact personal information relating to our shareholders with our trusted third parties to facilitate the management of their shareholding.

We will keep your information for as long necessary to fulfil the purposes for which the information was collected and in accordance with our legal requirements.

It is possible we may need to disclose some personal information to meet our legal obligations to regulatory bodies, law enforcement bodies or government. When this happens, we are careful to make sure that this is both lawful and necessary.
 
For more information about the types of information we may collect, how we use and share it, and to learn more about your privacy rights, ask us at privacy@fphcare.com.

II.  International Transfers

F&P Healthcare endeavours to ensure that your personal information is protected in accordance with applicable data protection and privacy laws and regulations. As a global organisation, with our headquarters based in New Zealand, we take care that your personal information is transferred in accordance with our international legal and regulatory obligations and to ensure that cross-border transfers occur in a safe, lawful and secure way, including in accordance with EU Adequacy and EU-US Privacy Shield requirements. New Zealand received EU Adequacy status in 2012, which means that New Zealand is recognised as having an adequate level of similar data protection to meet European standards. We also use standard data protection clauses and other contractual arrangements to ensure appropriate safeguards are in place for the safe cross-border transfer of information.  
 

III.  Privacy of Minors

We will collect personal information from minors only with express consent from their parent or guardian. Parents and guardians can exercise privacy rights on behalf of their children, however we may need to verify that they are authorised to do so and we may need to collect additional information. We do this to protect the privacy of minors. 

IV.  Security of your Personal Information

To help protect your personal information, we use technical and organisational safeguards to keep information which we hold about you secure. We use encryption, pseudonymisation and password protection, among other security measures, to ensure personal information is kept secure and conduct regular testing of the effectiveness of technical and organisational measures.

While we will endeavour to take reasonable, appropriate steps to keep personal information secure which we hold about you and prevent unauthorised access, we cannot provide absolute assurance regarding the security of your personal information. However, our security measures are continuously improved in line with technological developments to protect your personal information.

V.  Your Privacy Rights
 

F&P Healthcare respects your privacy and recognises you have rights over your personal information. In particular, you have the right to know what information we hold about you,  to request a copy of it and to correct your information. You may also have the right to ask us to erase your information in some circumstances or to tell us if you want us to stop using it in certain ways. 

We will respond to your privacy requests as soon as we can, and no later than 20 working days from the date of a request. Please understand that some requests may require further verification, require additional time to process or may not be able to fully be completed as you requested due to our legal obligations, legitimate business interests or technical limitations. When this happens, we will let you know.

You have the right to make a request regarding what information we hold about you, why, how we use and process it, who has access to it and who we may share it with, and how long we may keep your information. You can see much of your end user information if you use InfoSmart Web yourself or if you use our SleepStyle app. If you are a prospective employee your applicant information is visible in the F&P Healthcare job seeker profile you create online.

You have the right to request a copy of the information we hold about you. This can be provided in a PDF or CSV format.
If you believe personal information that we hold about is incorrect, and you are unable to access and correct this yourself, you can ask us. We may be required to verify some of the information before we are allowed to update it. This may mean we request additional information from you. If we are unable to update your personal information as you have requested, we will record your request against the information you have disputed its accuracy
In special circumstances, you may have the right to request that your personal information be deleted. You may be able to delete some information we hold about you yourself within your online profiles and accounts you register with us on our apps or websites by removing the information in fields that are not mandatory. If the information you want to delete cannot be found, or you are unable to delete it yourself, you can request that it be deleted by contacting us. We may not be able to delete everything, but we will let you know if there is any information we cannot delete. For instance, we may need to keep some product investigation information to meet our regulatory recording obligations. 
We recognise that you should have a say in how your information is collected and used. In some circumstances, you may have the right to ask us to stop using your personal information in certain ways. To do this, you should contact the Privacy Team and we will try our best address your concerns and give you confidence that we take your privacy seriously, taking measures to limit the collection, access or use of your information to protect your privacy where possible.

If you would like to exercise your privacy rights, you can make a request to our privacy officer:

Natasha Mazey

Fisher & Paykel Healthcare Limited
15 Maurice Paykel Place
East Tamaki, Auckland
New Zealand
privacy@fphcare.com

You may also contact your local Data Protection Officer (refer to section VI. Contact Us), for additional support or queries relating to your personal information and privacy rights.

If you feel like we may have breached your privacy rights, you have the right to lodge a complaint with a privacy or data protection authority in the country you reside.

Office of the Privacy Commissioner
PO Box 10 094,
The Terrace,
Wellington 6143
Phone: +64 (09) 3028680
Website: https://www.privacy.org.nz

Commission Nationale de l'Informatique et des Libertés
3 Place de Fontenoy
TSA 80715
75334 PARIS CEDEX 07
France
Phone: +33 (0)1.53.73.22.22
Website: https://www.cnil.fr/en/hom
PO Box 10 29 32
70025 Stuttgart
Phone: 0711/61 55 41 - 0
Fax: 0711/61 55 41 - 15
Website: https://www.baden-wuerttemberg.datenschutz.de/  
Agencia Española de Protección de Datos
C/ Jorge Juan, 6
28001
Madrid
Spain
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113
Website: https://ico.org.uk
Office of the Privacy Commissioner of Canada
30, Victoria Street
Gatineau, Quebec
K1A 1H3
Toll-free: 1-800-282-1376
Phone: (819) 994-5444
Website: https://www.priv.gc.ca/en
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Phone: (202) 326-2222
Website: https://www.ftc.gov/

VI.   Contact us

For more information about your privacy rights and how to exercise them, you can contact your local F&P Healthcare data protection officer or our global F&P Healthcare Privacy Officer.

Contacting the F&P Healthcare Privacy Officer

Natasha Mazey
Fisher & Paykel Healthcare Limited
15 Maurice Paykel Place
East Tamaki, Auckland
New Zealand
privacy@fphcare.com

Yann Breton

Fisher & Paykel Healthcare
10 Avenue du Québec
Bâtiment F5
BP 512
Villebon-Sur-Yvette, 91946
Courtaboeuf CEDEX
dpo@fphcare.fr
Gregor Euteneuer​

Fisher & Paykel Healthcare
Wiesenstrasse 49
73614 Schorndorf
Germany
datenschutz@fphcare.de
 
Maria Giljam

Fisher & Paykel Healthcare
Unit 16, Cordwallis Park
Clivemont Road
Maidenhead,
Berkshire SL6 7BU
United Kingdom​
dpo@fphcare.co.uk
Campbell Roseman

Fisher & Paykel Healthcare
173 Technology Drive
Ste 100
Irvine
CA 92618
USA
USCAprivacy@fphcare.com

VII.    Updates to this Privacy Statement

We may update this Privacy Statement from time to time. If we modify our Privacy Statement, we will post the revised version here, with an updated revision date. You should visit these pages periodically to see the current Privacy Statement that is in effect and any changes that may have been made to it.