Patient Privacy Notice t:slim X2 insulin pump (Luxembourg)

“VitalAire”, “we”, “us” and “our” means Air Liquide Medical SA, with registered office at AVENUE DU BOURGET 44 - 1130 BRUXELLES. VitalAire is committed to respecting your privacy.

About this privacy notice

For the purposes of data protection law, we are a data controller in respect of your personal data. VitalAire is responsible for ensuring that it uses your personal data in compliance with data protection law, including but not limited to the General Data Protection Regulation (“GDPR”) and the Act of 1 August 2018 on the organisation of the National Data Protection Commission and the general data protection framework.

This privacy notice applies if you accept to provide personal data when registering your pump for warranty purposes. This privacy notice sets out the basis on which any personal data about you that you provide to us will be processed by us. Please take the time to read and understand this privacy notice.

Personal data that we collect about you

We will collect and transfer to the hospital the serial number of your pump, its installation date and infusion kit. This data must be collected and transferred to the hospital as the installation date is the start of the warranty period on such device.

We will collect and process the following personal data about you if you decide to provide them to us: your name, your postal address, your phone number and your e-mail address.

As the above personal data are collected in the framework of a treatment, they will be considered as a special category of personal data (i.e. data concerning health) in the meaning of the GDPR.

Uses of your personal data

Your personal data may be stored and processed by VitalAire in the following ways and for the following purposes:

• To provide you with a technical support proactively (update of your pump, technical follow-up) or in case of a problem with your pump: although only the number of the pump, installation date and infusion kit is mandatory information,  the above personal data will help us to provide you a better technical support in case you have a problem with your pump; in other words, the purpose of processing this personal data is to improve the technical support we can offer you (personalized technical support, urgent consumables or replacement pump delivery at home, follow-up by phone to ensure optimal utilization of the pump) ;
• To send you an e-mail to ask for your consent to provide you with newsletters and information about VitalAire’s products that may be of interest to you (e.g. new related products, updates of software, etc.); if you do not consent to receive further information, we will not contact you within one year. If you consent to receive our newsletters and/or information regarding our products, you will receive the possibility to unsubscribe each time we send you a communication.

We are entitled to use your personal data in these ways because:

• You provide us with your consent to do so. Your consent can be withdrawn at any moment. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Note that, if you decide to withdraw your consent, VitalAire shall no longer be able to provide you with a personalized support in case of a problem with your pump (personalized technical support, urgent consumables or replacement pump delivery at home, follow-up by phone to ensure optimal utilization of the pump) ;  
• We may need to in order to establish, exercise or defend our legal rights or for the purpose of legal proceeding ;
• The use of your contact personal data is necessary for our legitimate business interests (or the legitimate interests of one or more of our affiliates), i.e. communication and management of commercial activities (including the sending of a consent request to send you newsletters and/or information on VitalAire’s products.

Disclosure of your information to third parties

Your personal data shall only be accessed by the nurse who has assisted you with the collection of your personal data and by employees of VitalAire that have a need to do so for the purposes described in this privacy notice.

The technical information whose collection is mandatory shall be disclosed to the relevant hospital to ensure traceability and technical support.

We may also share your personal data outside of VitalAire :

• If we sell any of our business or assets, in which case we may disclose your personal data to the prospective buyer for due diligence purposes ;
• If we are acquired by a third party, in which case personal data held by us about you will be disclosed to the third party buyer ;
• To third party agents or contractors (for example, the providers of our electronic data storage services or service providers in the field of marketing) for the purposes of providing services to us. These third parties will be subject to confidentiality requirements and they will only use your personal data as described in this privacy notice; and
• To the extent required by law, for example if we are under a duty to disclose your personal data in order to comply with any legal obligation, establish, exercise or defend our legal rights.

Transfers of personal data outside the European Economic Area

We will not transfer your personal data outside of the European Economic Area.

Security of your personal data

VitalAire shall take the appropriate technical and organisational measures to ensure a level of security appropriate to the risk of the processing of your personal data, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for your rights and freedoms.

Retention of your personal data

We will process the above mandatory information (i.e. pump serial number, installation date and infusion kit) until the warranty on the device expires or until the pump will stop to be used.

We will process your other personal data (i.e. your name, your postal address, your telephone number and your e-mail address) as long as we need them to provide you with some of our services or until you withdraw your consent or object to their processing, whichever is the earlier.

Your rights

You have a number of rights in relation to the personal data that we hold about you. These rights include:

• The right to obtain information regarding the processing of your personal data and access to the personal data which we hold about you ;
• The right to withdraw your consent to our processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason (other than consent) for doing so ;
• In some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to us ; 
• The right to request that we rectify your personal data if it is inaccurate or incomplete ;
• The right to request that we erase your personal data in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal data, but we are legally entitled or obliged to retain it ;
• The right to object to, and the right to request that we restrict, our processing of your personal data in certain circumstances, for example when your personal data are processed for marketing purposes. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal data but we are legally entitled to continue processing your personal data and / or to refuse that request. 

You can exercise your rights by contacting us using the details set out in the “Contacting us” section below.

You also have the right to lodge a complaint with the National Commission for Data Protection if you think that any of your rights have been infringed by us. The National Commission for Data Protection can be contacted at the following address : Boulevard du Jazz 15, L-4370 Belvaux, Grand-Duchy of Luxembourg or via its website https://cnpd.public.lu/fr.html. You can also find more information on the protection of your personal data on the National Commission for Data Protection’s website.

Contacting us

If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please address questions, comments and requests to vitalaire.sales@airliquide.com.