Philips Electronics UK Limited, Philips Centre, Guildford Business Park, Guildford, Surrey GU2 8XG (“Philips”), wants you to be familiar with how we collect, use and disclose information. This Privacy Notice describes our practices in connection with information that we collect through your use of the Home Sleep Testing equipment (the “Equipment”), through websites operated by us from which you are accessing this Privacy Notice (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), through our social media pages (collectively, our “Social Media Pages”), as well as through HTML-formatted email messages that we send to you that link to this Privacy Notice (collectively, including the Equipment, Websites, Apps and our Social Media Pages, the “Initiative”).
What Personal Data is collected?
“Personal Data” is data that identifies you as an individual or relates to an identifiable individual, including:
- Telephone number
- Email address
- Purchase history (from which conclusions can be drawn about a person’s health)
- Medical results from the sleep test
- Pre-screener quiz
- Pre-existing conditions (if applicable)
We need to collect Personal Data in order to allow you to participate in the Initiative. If you do not provide the information that we request, you may not be able to participate in the Initiative.
How is Personal Data collected?
We and our service providers collect Personal Data in a variety of ways, including:
- Through the Initiative: We collect Personal Data through the Initiative, e.g., when you sign up for the Home Sleep Testing service;
- Offline: We collect Personal Data from you offline, such as when you receive your medical device and complete the consent form and from the device itself that processes information relating to the use and efficiency of the device but also your breathing patterns when the device is in use in order to provide diagnosis.
If you disclose any Personal Data about other people to us or to our service providers in connection with the Initiative, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.
What is the purpose of the collection of Personal Data?
We and our service providers use Personal Data for our legitimate business purposes including:
Providing the functionality of the Initiative and fulfilling your requests:
- To provide the Initiative’s functionality to you, such as providing the medical device to you and monitoring the use of the device for diagnosis purpose, providing information in relation to that diagnosis, and providing you with related customer service.
- To respond to your enquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request other information about the Initiative.
- To complete your transactions, and provide you with related customer service.
- To send administrative information to you, such as changes to our terms, conditions and policies.
- To allow you to send messages to another person and/or to share the medical data with your General Practitioner if you chose to do so.
We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
Providing you with our newsletter and/or other marketing materials and facilitating social sharing if you chose to opt in:
- To send you marketing related emails, with information about our services, new products and other news about Philips.
- To facilitate social sharing functionality that you choose to use.
- To send you surveys or request other feedback to improve the Initiative and assess customer satisfaction.
We will engage in these activities with your consent.
Analysis of Personal Data for business reporting and providing personalized services:
- To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our service is used, so we can improve the Initiative.
- To better understand you, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
- To better understand your preferences so that we can deliver content via the Initiative that we believe will be relevant and interesting to you.
We will provide personalized services with your consent.
Aggregating and/or anonymizing Personal Data:
- If we aggregate and/or anonymize Personal Data, it will no longer be considered Personal Data. We can do so to generate other data for our use, which we may use and disclose for any purpose.
We will engage in this activity because we have a legitimate interest.
Accomplishing our business purposes:
- For data analysis, for example, to improve the efficiency of the Initiative;
- For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements;
- For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
- For developing new products and services;
- For enhancing, improving, or modifying our current products and services;
- For identifying usage trends, for example, understanding which parts of the Initiative is of most interest to users;
- For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users;
- For operating and expanding our business activities, for example, understanding which parts of the Initiative is of most interest to our users so we can focus our energies on meeting our users’ interests; and
- To conduct scientific research related to the Initiative.
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
With whom is Personal Data shared?
We disclose your Personal Data:
- To our contracted medical partner for the purposes described in this Privacy Notice;
- To our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services.
Other uses and disclosures
We also use and disclose your Personal Data as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:
To comply with applicable law.
- This can include laws outside your country of residence.
To respond to requests from public and government authorities.
- These can include authorities outside your country of residence.
To cooperate with law enforcement.
- For example, when we respond to law enforcement requests and orders.
For other legal reasons.
- To enforce our terms and conditions; and
- To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
In connection with a sale or business transaction.
- We have a legitimate interest in disclosing or transferring your Personal Data 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). Such third parties may include, for example, an acquiring entity and its advisors.
This Privacy Notice does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Initiative links. The inclusion of a link on the Initiative does not imply endorsement of the linked site or service by us or by our affiliates.
In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Data you disclose to other organizations through or in connection with the Apps or our Social Media Pages.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Data within our organization. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “How can you contact us?” section below.
Choices available to you
We give you choices regarding our use and disclosure of your Personal Data. You can opt out of:
- Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you can opt out by clicking the unsubscribe link on any email marketing communication or by request via this form.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we will still send you important administrative messages, from which you cannot opt-out.
What are your rights?
If you would like to:
(i) ask questions about how we handle Personal Data;
(ii) request to review, correct, update, suppress or restrict the use of your Personal Data;
(iii) request that your Personal Data be removed from our database;
(iv) withdraw your consent to our use of your Personal Data, without affecting the lawfulness of that use prior to this withdrawal;
(v) object to our use of Personal Data for direct marketing purposes or for our legitimate business interests, or;
(vi) request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law);
Please complete this form. We will respond to your request consistent with applicable law.
Please note that we need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you are not be able to change or delete the Personal Data provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.
How long will the Personal Data be kept?
We will retain your Personal Data for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you (for example, for as long as you have an account with us to participate in the Initiative); (ii) whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
Use of the Initiative by minors
The Initiative is directed at individuals age eighteen (18) or over, and we do not knowingly collect Personal Data from individuals under 18.
Jurisdiction and cross-border transfer
The Initiative is controlled and operated by us from the United Kingdom and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of England and Wales. Your Personal Data can be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Initiative you consent to the transfer of information to countries outside of your country of residence, which can have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data.
If you are located in the EEA, your Personal Data can be transferred to our affiliates or service providers in non-EEA countries that are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as our Binding Corporate Rules for Customer, Supplier and Business Partner Data or standard contractual clauses adopted by the European Commission to protect your Personal Data. You can obtain a copy of these measures by following the link above or contacting email@example.com
Updates to this Privacy Notice
We may change this Privacy Notice. The “LAST UPDATED” legend at the top of this Privacy Notice indicates when this Privacy Notice was last revised. Any changes will become effective when we post the revised Privacy Notice on the Initiative. Your use of the Initiative following these changes means that you accept the revised Privacy Notice.
How can you contact us?
If you have any questions about this Privacy Notice or about the way Philips uses your Personal Data, please contact our Data Protection Officer at firstname.lastname@example.org. Alternatively, you have the right to lodge a complaint with a data protection authority for your country or region, or where an alleged infringement of applicable data protection law occurs.