PRIVACY POLICY

Your privacy is important to Fresenius Medical Care Deutschland GmbH, Else-Kröner-Straße 1, 61352 Bad Homburg, Germany ("We"). The protection of your privacy in the processing of your Personal Data is an important concern to which we pay special attention during our business processes.

This Privacy Policy describes the personal data that we collect about you on the app ("App") from which you are accessing this policy how we use and disclose that personal data; how we protect it; and the choices you may make with respect to it. We encourage you to review our Privacy Policy and click on the available links if you want additional information on a particular topic.

INFORMATION COLLECTION

"Personal Data" is data that identifies you as an individual or relates to an identifiable individual.

We collect Personal Data in various ways, including through registration, surveys, contact forms, in connection with your inquiries, and automatically when you browse our App.

We notably collect:

• Name, first name, contact details (telephone number, email address), address for delivery of products
• Treatment and prescription data: status (ambulant, stationary, travelling to assess whether orders need to be suspended), therapy type, machine type, material for the order, orders, reminders for order due date or delivery dates

We may combine the Personal Data you submit with other information we have collected from you, whether on or offline. We may also combine it with information we receive about you from the following other sources such as publicly accessible databases, social media platforms and other third parties.

You will be informed what Personal Data is required and what Personal Data is optional. When you are asked to provide Personal Data, you may decline. But if you choose not to provide data that is necessary to for us to provide requested services, we may not be able to provide you those services. If you submit any Personal Data relating to another individual to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

PASSIVE INFORMATION COLLECTION AND USE

Passive information collection (that is, collecting information without the visitor actively providing it) usually occurs while a visitor navigates the App. If you consented, the App sends us data on how the users (including you) use the App, such as which functions they use and how often. This data is used to generate general statistics about the App users. We do not use the data to analyze any particular, single users.

HOW WE USE YOUR PERSONAL DATA

We use and disclose Personal Data you provide to us as described to you at the point of collection and notably to:

• Provide App functionality and fulfill your requests based upon your consent or upon our legitimate interests.
  This includes:
  • To create your user account
  • To generate orders
  • To schedule reminders
  • To respond to your inquiries and fulfill your orders
  • To send administrative information to you, such as changes to our terms, conditions and policies
• Enhance App functionality when we have your consent or a legitimate interest (without conducting analysis at user level).
  This includes:
  • To analyze or predict our users’ preferences in order to identify aggregated trend reports on how our App is used.
  • To analyze or predict our users’ preferences in order to improve our interactions with you, and to improve the App as well as products and services.
• Operate our business to comply with our legal obligations and to meet our legitimate interests in maintaining our business.
  This includes:
  • To conduct data analysis and audits.
  • To identify usage trends in the use of our Apps.
  • To detect, prevent, investigate fraud and including (cyber) security monitoring and prevention.
  • To develop, enhance, improve or modify our products and services.

HOW WE DISCLOSE YOUR PERSONAL DATA

We also disclose information collected through the App:

• To other Fresenius Medical Care affiliates for the purposes described in this Privacy Policy. To access a list of Fresenius Medical Care affiliates please click here
• To our third-party service providers to provide services such as website / application hosting and moderating, online ticketing, data analysis, infrastructure provision, IT services, e mail and direct mail delivery services, auditing, and other services;
• As permitted by applicable law, to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

In addition, we may use and disclose your information as we believe to be necessary or appropriate:

• To protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others;
• To comply with applicable law and our regulatory monitoring and reporting obligations (which may include laws outside your country of residence), to respond to requests from public and government authorities (which may include authorities outside your country of residence), to cooperate with law enforcement, or for other legal reasons;
• To enforce our terms and conditions.

We may also use and disclose your information in other ways, after obtaining your consent to do so. In addition, where allowed by applicable law, we may use and disclose information that is not in personally identifiable form for any purpose. If we combine information that is not in personally identifiable form with information that is identifiable (such as combining your name with your geographical location), we will treat the combined information as Personal Data if it is combined.

CHOICES AND ACCESS

How you can access, change, or delete your Personal Data

If you would like to review, correct, update, restrict, or delete your Personal Data, or if you would like to request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company, please contact us using the Account Help section of the app or as described in the "Contact Us" section below. We will respond to your request as soon as reasonably practicable and no later than one month after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

How can you revoke your consent?

FME processes your data on the basis of your consent. You can revoke your consent vis-à-vis the Controller at any time with effect for the future. Please be aware that once you withdraw your consent, we will deactivate your App account and you will not be able to use the App anymore. If you want to withdraw your consent, you can do so by following the instructions when clicking on "Account support", a function in your profile page. After withdrawing your consent, you can delete the App. In case you wish to use the App again anytime in future, you will have to register again, asking the clinic staff for a new token number. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent before the revocation.

CROSS BORDER TRANSFER

Due to the global nature of our operations, we may transfer your personal information outside your home country including to countries that have a different data protection regime. If you are located in the European Economic Area (the "EEA") this may include countries outside of the EEA. In case of cross border transfer, we transfer the personal information based on EU standard contractual clauses that impose equivalent data protection obligations directly on the recipient, on your prior consent or on other legal mechanisms that may be required in your country. A copy of the relevant mechanism can be provided for your review by contacting us in accordance with the "Contact Us" section below.

SECURITY

We take appropriate measures to protect Personal Data that are consistent with applicable privacy and data security laws and regulations, including requiring service providers to use appropriate measures to protect the confidentiality and security of Personal Data.

RETENTION PERIOD

We retain your Personal Data for as long as needed or permitted in light of the purpose(s) for which it was obtained and of applicable legal requirements. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the App to you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

CONTACT US

If you have any questions, comments, requests, or concerns related to this Privacy Policy or the information practices of this App, please contact us via the Account Help section of this app.

You may also contact our data protection officer in case of any question using the following email:
datenschutzbeauftragter@fmc-ag.com

LODGING A COMPLAINT WITH A REGULATOR

You may lodge a complaint with a supervisory authority competent for your country or region. Please click here for contact information for such authorities.

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the App. We recommend that you regularly review the Privacy Policy when you visit the App. This policy was last updated on 19/10/2020.