Air Liquide VitalAire Customer Privacy Notice

Last Updated: 17 Apr 2023

Air Liquide Healthcare (Beijing) Co., Ltd. (“ALHCBJ” or “We”) are committed to being responsible for processing your personal information.

Before you use or submit any information, please carefully review this Privacy Notice (this “Notice”). We will continue to evaluate this Notice to reflect our personal information processing activities, and we may make changes to this Notice accordingly. Any changes will be made on this page, and you should check this page periodically for updates. If we make material changes to this Notice, we will provide you with notice when required by law.

This Notice contains the following sections:

1. Application and definition 

2. How we collect and use your personal information 

3. How we share your personal information 

4. Legal bases for processing your personal information 

5. How we store your personal information 

6. How we protect your personal information 

7. Your choices and rights 

8. How we protect children’s PI 

9. How do we transfer your personal information globally 

10. The links to other websites and services 

11. Updates to this policy 

12. Contact us 

This Notice governs and describes ALHCBJ’s practices (as a personal information processor under China’s data and privacy law) in connection with personal information that we collect through actions during Care Plan Contract signing with customers, product delivery to customers and patients’ follow up according to care plans  in Mainland China (collectively, “Services”). 

You acknowledge that if the Personal Information you provide to us is not your own Personal Information, you should ensure that you have informed the Individual who owns such information and obtained the effective consent from such Individual. (for example, when you provide us with Personal Information of your family patients).

Definitions of “personal information”, “sensitive personal information”, and “processing” in this Notice are set out as follows and are consistent with the definitions in the relevant laws.

• Personal information: refers to various types of information recorded in electronic or other ways that is related to an identified or identifiable natural person, including but not limited to name, address, mobile phone number, and ID number, etc. but excluding anonymized information.
• Personal information processor: refers to an organization or individual that independently decides on the processing purposes and processing methods during PI processing activities.
• Sensitive personal information: refers to personal information that, if leaked or used illegally, may easily lead to an infringement upon the human dignity of a natural person or endangerment of the safety of his/her body or property, including information on biometric identification, religious beliefs, specific identity, health care, financial accounts, and personal whereabouts, and personal information of minors under the age of fourteen. Sensitive personal information is in bold, italic and underlined to draw your attention.
• Processing: includes personal information collection, storage, use, processing, transmission, provision, disclosure and deletion, etc.

We will only collect and process your personal information for the following purposes described in this Notice in accordance with the principles of lawfulness, legitimacy, necessity and good faith and in compliance with applicable laws and regulations.

2.1 When you are signing a care plan contract with ALHCBJ, for the purpose of delivering the right products to the right person and right location at the right time, we will collect and use 1) a customer's name, personal phone number and mailing address; 2) a patient’s name, personal phone number and living address. 

2.2 When you are receiving our first product delivery, for the purpose of building the users’ health status baseline，as well as related medical devices parametre baseline,  at the start point of home therapy, we will collect and use name, gender, age, address, diagnosis of diseases, related doctors, testing, diagnosis and treatment records, medical equipment types, equipment SN numbers, equipment parameters, consultation hospitals, departure departments, discharge date, health status and home rehabilitation’s self-management ability.

2.3 When you accept our follow-up visits to users according to the care plan agreed in the contract, for the purpose of understand users’ home treatment progress and health status，we will collect and use name, physical conditions, body temperature, cough and expectancy  conditions, sputum properties, acute exacerbation hospitalization, symptom assessment, mobility, adverse reactions, weight, heart rate, blood pressure, blood oxygen, paco2, FVC%, FEV1, FEV1/FVC%, the duration of using the ventilator, night use time, oxygen generator usage time, oxygen flow  rate, maintenance of equipment and accessories, snoring, drowsiness symptoms, smoking status，medical treatment，pulmonary rehabilitation training methods, doctor advise, health status and home rehabilitation self-management ability，service delivery site photos, patient or family member's autograph.

In order to achieve the purposes above, we may entrust third-party service providers to assist us in providing relevant operation and service support. We will send your personal information to third-party service providers, logistic service providers and legal services providers. For companies, organizations and individuals who we entrust to process your personal information, we ask them to handle your personal information in accordance with our instructions, this Notice and applicable laws. 

In addition, in order to personalize your health management, treatment and care plan inside and outside the hospital need to be synchronized and coordinated, we may need to share your name, dates of admission and discharge, outpatient records since discharge, compliance with home treatment orders (for example, duration of ventilation and oxygen therapy), results of monitoring of illness and health (for example, degree of dyspnea and degree of mobility), and your return to hospital’s follow-up plan, etc. with physicians and medical institutions that are responsible for your treatment, rehabilitation and care. The physicians and medical institutions have separate purposes and methods for processing your personal information. The physicians and medical institutions, as well as the type of personal information to be provided may vary depending on the specific treatment and we will inform you and obtain your separate consent before providing the relevant personal information.

In most circumstances, we rely upon your consent to process your personal information. While under the relevant laws, we do not require your consent to process (including but not limited to, the collection, storage, use, processing, transmission, provision, disclosure, and deletion.) your personal information when:

1. the processing is necessary to fulfill statutory functions or statutory obligations; 
2. the processing is necessary to respond to public health emergencies or protect the life, health or property safety of natural persons under emergency circumstances; 
3. the processing is necessary to respond to public health emergencies or protect the life, health or property safety of natural persons under emergency circumstances;
4. personal information is processed within a reasonable scope to conduct news reporting, public opinion-based supervision, or other activities in the public interest; 
5. the personal information that has been disclosed by the individuals themselves or other personal information that has been legally disclosed is processed within a reasonable scope in accordance with this Law; or
6. under any other circumstance as provided by any law or administrative regulation. 

We only retain your personal information within the minimum period which is necessary for the fulfillment of the purposes stated in this Notice. Meanwhile, we will also store your personal information with adherence to the mandatory provisions about the retention period rising from applicable laws and regulations.

We have implemented industry-accepted administrative, technical, and physical security measures to protect the personal information you provide and to prevent the data from being accessed, disclosed publicly, used, modified, damaged or lost without authorization. We will take all reasonable and practicable measures to protect your personal information.

However, we cannot and do not guarantee that these measures will provide absolute security. Where a personal information security breach occurs unfortunately, we will inform you as required by the laws and regulations via mail, letter, telephone, push notification or other available means. Where it is difficult to inform the subjects of the personal information one by one, we may publish an announcement on our Services. Where required by law, we will also report the treatment result of the personal information breach. 

According to applicable law, you may have: 

1. the right to know and the right to decide on the processing of your personal information; 
2. the right to restrict or refuse the processing of your personal information by others; 
3. the right to consult and duplicate your personal information; 您
4. the right to request personal information processors to correct or supplement your personal information where you discover the information is incorrect or incomplete; 
5. the right to withdraw your consent to the processing of personal information based on your consent (but please note that your withdrawal of consent does not affect the validity of the processing of personal information that has been carried out based on your consent before the withdrawal); 
6. the right to request the transfer of personal information to your designated personal information processors; 
7. the right to delete your personal information under specific circumstances. 

If you hope to exercise your rights above, please contact us via the contact information provided in this Notice. To protect the security of your personal information, we need to verify your identity in order to respond to your rights request(s), and we may not be able to respond to the request(s) for rights related to personal information that are not from you or authorized by you (for example, requests to consult personal information of someone else). 

Additionally, the rights above are subject to limitations and exceptions under applicable law. We will respond to and comply with your request(s) consistent with applicable law as soon as reasonably practicable. If you have unresolved concerns, you also have the right to complain to relevant supervisory authorities or where applicable, file a lawsuit with the court in accordance with applicable law.

Our Services are not directed to children under the age of 14, and we do not knowingly collect personal information from children under the age of 14 without parental/guardian consent. If you are under 14 years of age, then please do not use or access the Services at any time or in any manner. We do not knowingly collect personal information from children for any purpose. If you are the parent or guardian of your child and believe that we have personal information of your child without parental/guardian consent, or if you wish to withdraw such consent, please contact us via the contact information provided in this Notice and we will delete such information.

The Services may contain links to third-party websites, applications and other services. Please be aware that we are not responsible for the privacy practices of such other sites and services. We encourage you to be aware when you leave our Services and to read the privacy notices of each and every site you visit that collects your information.

We reserve the right to update this Notice at any time to reflect changes in the law, our data collection or practices, the features of our services, or advances in technology. We will provide you with a new privacy notice when required by law. We may also notify you in other ways from time to time about the processing of your personal information.

If you have questions about this privacy notice or wish to contact us for any reason in relation to our personal information processing, please contact us at cn-privacy@airliquide.com.