Privacy

RESMED INDIA PRIVACY AND COOKIE NOTICES

 

Effective Date: 12 March 2018

Your interactions and transactions with ResMed India Private Limited, a company incorporated in India (company registration number U85110DL2007FTC157447), 205, 2nd Floor, Southern Park, Plot D2, District Centre, Saket, New Delhi 110 017, including our website www.resmed.com/in/en are governed by this Privacy and Cookie Notice.

Your privacy is important to us and we are committed to protecting your personal data that you trust us with.

This Privacy Notice describes:

WHAT PERSONAL DATA WE COLLECT ABOUT YOU

If you interact or transact with us, we may collect the following information from you:

  • your title, given name and surname
  • your date of birth, age and your gender
  • your address and email address
  • your telephone number
  • your weight, height, and your comorbidities
  • sleep and lifestyle information
  • your payment information
  • the products you use, i.e. sleep therapy device, mask, etc.
  • your image (with your consent)

Sensitive Information

Other than the sensitive data outlined above or collected through ResMed devices you may use, ResMed will not intentionally collect or maintain, and do not want you to provide, any information regarding race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

HOW WE OBTAIN YOUR PERSONAL DATA

In most cases, we collect your personal data from you when you voluntarily submit it to us when you interact with us, for instance when you:

  • purchase products from a ResMed retail outlet or online store;
  • participate in surveys or quizzes; or
  • create an account or engage in any transactions with us through our website, outlets or mobile applications.

In some circumstances we may receive personal data about you from third parties.

HOW WE USE YOUR PERSONAL DATA

We may use your:

  • contact details to reply to your inquiries;
  • date of birth to ensure we do not collect data from children under the age of 18;
  • sleep, health and lifestyle information to work with third party healthcare professionals to assist you with diagnosis and management for your sleep disordered breathing;  
  • personal details and information about you and the services and products you use for treatment to respond to your requests for information or materials and to create, develop and maintain our relationship with you;
  • email address to send you transactional communications via unencrypted email;
  • contact details and payment information to process and complete orders you request and administrate your account;
  • email address and telephone number to send you newsletters, press releases or information relating to products, programs or services that we believe may be of interest to you, unless you opt out; and
  • personal details and other information to conduct statistical analyses, surveys and research (including market research) to enhance existing, and develop new products and services, including improvements to our websites.

ResMed will make reasonable efforts to ensure that the personal data collected is the minimum necessary to fulfill the purposes described in this Privacy Notice. ResMed will retain your personal data only for the necessary period to fulfill the purposes that justified the processing of the data.

Collection and use of anonymous data

From time to time, we may collect anonymous statistical information about the use of our website, such as how many visitors visit a specific page on the website, how long they stay on that page and which hyperlinks, if any, they “click” on, and utilization of our website features.

When applicable we will collect this information through the use of “cookies” and other tracking technologies, which we discuss in detail in our Cookie Notice. We may disclose such data to third parties, but this aggregate data will in no way personally identify you or any other users of our website.

HOW WE PROTECT YOUR PERSONAL DATA

ResMed has defined security and privacy controls to protect your data and to comply with the applicable data protection law.

Despite the security measures employed by ResMed, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet. If ResMed is aware that your personal data has been subject to a data breach, you will be notified by ResMed in a timely fashion.

WHO WE SHARE YOUR PERSONAL DETAIL WITH

ResMed does not sell or rent your personal data. We only share your personal data pursuant to this Privacy Notice and only to the extent permitted by applicable law.

We may share your personal data:

  • with ResMed employees in India, Europe, Malaysia, the United States and Canada to provide you with technical service support;
  • in the context of a sale of all or part of our business or assets. We may transfer or disclose your information to the party or parties involved in the transaction as part of that transaction and as part of any due diligence processes which take place in contemplation of a potential transaction;
  • with any affiliate or subsidiary of, and any company owned or controlled by ResMed, to conduct analytics, surveys and research to enhance existing and develop new products and services, including sending or providing you with advertisements, promotions or offers. Where we share your information with our related companies, they may use your information in the same way as we can under this Privacy Notice;
  • with your referring physician to provide them with information about your condition and treatment, with your consent; and
  • with third party providers we engage to provide services on our behalf, including:
    • logistics providers;
    • marketing campaign vendors; and
    • healthcare professionals, such as physicians and registered nurses, to provide them with information about your sleep and health, with your consent. These healthcare professionals can provide you with a diagnosis, recommendations for treatment and undertake ongoing monitoring and management for your sleep disordered breathing. These healthcare professionals will use AirView™, the ResMed cloud-based patient management system to assist with monitoring and managing your sleep disordered breathing. 

These third party providers are contractually under an obligation of confidentiality and are bound to use your personal data for the sole purpose of performing the services we have engaged them to provide. They may not use your personal data for any other purpose.

WHERE YOUR PERSONAL DATA IS STORED AND PROCESSED

Your personal data may be hosted or processed in India, Europe, Australia, Malaysia, China, the United States, Canada, Singapore and Japan. By accepting the terms of this Privacy Notice, you have expressly consented to your personal data being processed, transferred, stored and accessed outside of India.

HOW YOU CAN ACCESS YOUR PERSONAL DATA

You can access and correct the personal data about you when you contact us via the methods set out in our Contact page.

You may request access to personal data we hold about you. We are entitled to charge you a nominal fee for supply of the data.

YOUR RIGHT TO HAVE DATA REMOVED

To provide our services to you we would need your personal data. However, ResMed will honour the “right to be forgotten” and you can have your personal data completely removed by contacting enquiries@resmed.co.in and instructing us to do so.

When you contact us, we may inform you of: (i) the information that you will need to provide for identification purposes as well as the documents you may need to enclose with your request; (ii) the expected timeframe for receiving a response from us regarding your request; (iii) how to submit your request, including the forms that you will be required to use, if available; and (iv) the form in which we will deliver your information to you.

COOKIE NOTICE

We use cookies on our website. For further details, see our Cookie Notice.

LINKS TO OTHER SITES

For your convenience, our website may from time to time include links to third-party sites whose information practices may be different than ours. We encourage you to review these sites' privacy policies, as we have no control over information that is submitted to, or collected by, these third parties. Use of such third-party websites may be subject to a third party’s terms and conditions and is at your own risk. ResMed has no responsibility in connection with any access or use by you of these sites.

OPTING OUT OF COMMUNICATION

You may opt out of our use of your personal data for future marketing mailings, at any time by emailing us at enquiries@resmed.co.in. For other ways to contact us please see our Contact page

If you have signed up to receive our e-mails and prefer not to receive marketing information from us, follow the "unsubscribe" instructions provided on any marketing e-mail you receive from ResMed.

Should you withdraw your consent to receive marketing information, we will use all reasonable endeavours to remove your personal data from our marketing mailing list within 5 business days of receipt of your withdrawal of consent.

PERSONAL INFORMATION FROM CHILDREN

We do not knowingly collect personal information from children. The content of our web application is not intended for, or directed to, children. If you are under 18 years of age, then please do not provide us with personal information without your guardian’s consent. 

UPDATES TO THIS PRIVACY NOTICE

If we change the Privacy Notice, a prominent notice will be posted on our website along with the updated Privacy Notice. Therefore, you are advised to review this Privacy Notice regularly. ResMed will also provide you with an email notification if changes are substantial. Data processing changes will take effect 15 days after the updated Privacy Notice is published. Each Privacy Notice will include the date in which it was last updated.  If you disagree with any of the changes, you may send us an e-mail to enquiries@resmed.co.in.

For the avoidance of doubt, no change to the Privacy Notice will change the content of your consent that you may have granted separately and/or the processing of your personal data (including sensitive data) you have consented to.

PRIVACY QUESTIONS

Your privacy is important to us, and we hope we have explained it to you in this Privacy Notice. If you have any questions or concerns about this Privacy Notice or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please contact enquiries@resmed.co.in.

GOVERNING LAW

This Privacy Notice its subject matter and its formation are governed by Indian law. You agree that the courts of New Delhi will have exclusive jurisdiction.

Cookie Notice

1. COOKIES WEB BEACONS, AND TECHNICAL INFORMATION

If you have granted your prior consent, we may use "cookies" - a small data file that we transfer to your computer's hard drive - to collect certain information about you and your use of our website. We may then also use cookies to identify your computer when you revisit our website to, for example, recall your authentication information or to track statistical information related to navigation throughout the website. We may use both "session" cookies and "persistent" cookies to better operate the website and enhance your experience while using the website.

A session cookie enables certain features of the website and is deleted from your computer when you disconnect from or leave the website. If a portion of this website requires a password, you will be asked to give us explicit permission to use a persistent cookie, which is a small data file that is generated when, as a registered user of this website, you enter your assigned user ID and password to access the password-protected area of the website. This file is stored on your computer and enables your browser to access each page that is in the password-protected area. Our website does not use "flash" cookies.

You may adjust your browser to refuse to accept cookies, remove cookies or notify you when a cookie is set by editing your web browser preferences or options (each browser is different, so check the "Help" menu on your browser to learn how to change your cookie preferences). You do not have to accept all cookies sent to you by the website; however, depending on the particular cookie you reject, you may not be able to use some features of the website.

Please note that third-party websites linked to our website may also use cookies. We cannot control the use of cookies by these third-party websites. For example, when you link from the website to a third-party website, that website may have the ability to recognize that you have come from our website by using cookies. If you have any questions about how third-party websites use cookies, you should contact such third parties directly.

If you have granted your prior consent, we may also employ software technology known as "web beacons" or "clear GIFs," which helps us keep track of what content on our website is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we use do not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.

2. PERSONALISED LINK URLS 

On occasion, we may personalize and customize our website for certain users who will have to consent prior to using that service. Invitations to visit these customized websites will generally be sent to you in a message containing a personalized URL, a notice on a registration page, or in response to you logging on to a certain portion of the website. If you are invited to visit one of these sites, you may find it customized with references to products and/or services that we believe may be of interest to you based on your previous interactions with ResMed, information you have provided to us, and information about you from publicly available sources (such as social media). While you are visiting these websites, we may collect tracking or other non-personally identifiable information about your visit to better tailor the site to our customers’ interests. Please note that this is not essential for maintaining the relationship that we have with you. If you do not want your information to be collected in this way, please do not accept the invitation to visit these sites.

3. UPDATES TO THIS COOKIE NOTICE 

ResMed may update its Cookie Notice from time to time. When we change the Cookie Notice in a material way, a prominent notice will be posted on our website along with the updated cookie notice. Updates will include the date in which it was last updated. 

If you disagree with the changes, you may send us an e-mail to enquiries@resmed.co.in. For the avoidance of doubt, no change to the Cookie Notice will change the content of your consent that you may have granted separately and/or the processing of your personal data (including sensitive data) you have consented to.