Piccolo O2 Data Protection Notice
Version Date: December 4, 2017
Dynamic Controls, of 39 Princess St. Riccarton, Christchurch, New Zealand (“Company”, “our”, “us”, or “we”), is a Data Controller in relation to all personal data collected and processed through the Piccolo O2 application (“Piccolo O2”) as set out in this Notice. We are committed to safeguarding the privacy of the users of Piccolo O2.
This Notice describes how we will collect and process1 your personal data2 in connection with your use of Piccolo O2 with your Invacare products that use an Invacare USB dongle, such as Invacare oxygen concentrators for example (“your products”). To continue using your products without disclosing personal data through Piccolo O2, you can select “Cancel” on the Consent Form that follows this Notice, or at any time turn-off or delete Piccolo O2, in which case you will not be able to use Piccolo O2.
The types of personal data we collect and process
In some circumstances, we may request personal and professional information from you, such as your name, title, email address, company name or telephone number (“Contact Data”). We use the Contact Data to allow you to register for a Piccolo O2 account and for providing you with information for other purposes, such as: alerting you to products and services that can assist you, sending you email alerts, providing brochures or catalogs or manuals, demo videos, promoting websites and assisting in order processing. We will also collect and process serial numbers, IP address, regional location data so we can display Piccolo O2 in your local language, generic data related to your use of Piccolo O2 (such as how often you use Piccolo O2 and what features of Piccolo O2 you access the most, for example), and technical product data (such as battery levels and usage patterns, error codes, and run time for example) from your products (all such data along with the Contact Data is collectively the “Data”) for the purpose of: (a) providing information to you for evaluating the status and performance of your products; (b) remotely diagnosing your products for servicing purposes; (c) remotely monitoring product usage patterns for alerting and educating you on proper product usage (e.g., battery charging patterns); (d) analysing product and component performance and usage; (e) detecting product errors; (f) research and development of new and improved products and services; (g) using anonymized or aggregated technical product data for our research or business purposes; and (h) sharing or selling anonymized or aggregated technical product data to third parties for research or their business purposes. The Data we collect when you sign-up for Piccolo O2 comes from you, your products, or third parties (e.g., app store).
We may separately have access to other personal data about you, for example, your name and address, in the context of providing warranties for your products. We may combine such data with the Data for the purposes described above.
We will retain anonymized or aggregated Data as long as we desire to use it for our research and business purposes. We will retain all other Data for a period required to: comply with applicable laws or regulations, perform contractual commitments or provide you with access to the Data through Piccolo O2.
Sharing your personal data with third parties
Subject to appropriate contractual safeguards, we may share the Data with: (i) third party service providers selected by you that will use the Data to service your products, (ii) your health care professionals that may provide you with feedback on your product usage patterns, and (iii) our group members (as defined below), third party cloud vendors and other service providers that will process the Data on our behalf so that you, and such third party service providers and health care professionals, can access the Data for the purposes set out above.
Those service providers and health care professionals selected by you, acting as separate data controllers, may add to or combine such Data with any personal data that you provide to them separately in order to provide their services to you. You should carefully review the privacy practices and notices of such data controllers, as we are not responsible for their practices.
We may disclose the Data to any member of our corporate group (this means our subsidiaries, our parent company and all its subsidiaries) (“group members”) insofar as reasonably necessary for the purposes set out in this Notice.
We may also disclose such Data: (a) to our professional advisors and insurers in order to establish, exercise or defend our legal rights, (b) to tribunals and courts, law enforcement authorities and other parties to the proceedings and their professional advisors in connection with any ongoing or prospective administrative or legal proceedings; (c) to the foregoing third parties mentioned in (a) and (b) and others to the extent that we are required to do so by law or by a court ruling or order; and (d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling.
Internationally transferring your personal data
The group members, cloud vendors and service providers listed in (ii) and (iii) in the preceding section, and other recipients listed in (a) to (d) in the preceding section, to whom we may disclose the Data may be located in countries outside of the USA.
Your data protection rights
You may contact us either in writing at the address below or by e-mail at piccolo-o2@dynamiccontrols.com to exercise the following rights: (a) to access your personal data that we have collected; (b) request that we rectify, delete or block your personal data; (c) to object to the processing of your personal data based on legitimate grounds; (d) to withdraw your consent; or (e) any other rights provided for under the relevant data protection law. If you object to processing or withdraw your consent, you can continue to use your product, but you will not be able to utilize the Piccolo O2 application and we will not process your personal data as described in this Notice. You may also contact us if you have questions relating to this Notice.
Contact details
Invacare Corporation
One Invacare Way
Elyria, OH 44035
Attn: Legal Dept. — Piccolo O2 Privacy
1 “Process” or “Processing” is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
2 “Personal data” means any information relating to an identified or identifiable natural person ('data subject'), directly or indirectly, in particular by reference to an identification number or some other factor specific to the person’s identity. Examples of personal data are your name or contact details.
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Consent
To the Installation of the Piccolo O2 application on your mobile device and the Invacare USB dongle, and Our Remote Access to Technical Product Data and Serial Numbers through Piccolo O2
By selecting the “ACCEPT” button, you provide your CONSENT to:
(1) The installation of the Piccolo O2 application on your mobile device to communicate with the Invacare USB dongle on your Invacare product (e.g., oxygen concentrator) and the remote access by Dynamic Controls (of 39 Princess St. Riccarton, Christchurch, New Zealand), as the controller of the afore-mentioned contact data, technical product data and serial numbers, which may qualify as your personal data, for the purposes of:
a) allowing you to register for a Piccolo O2 account and for providing you with other information relating to our products and services;
b) providing information to you for evaluating the status and performance of your products;
c) remotely diagnosing your products for servicing purposes;
d) remotely monitoring product usage patterns for alerting and educating you on proper product usage (e.g., battery charging patterns);
e) analysing product and component performance and usage;
f) detecting product errors;
g) research and development of new and improved products and services;
h) using anonymized or aggregated technical product data for research or business purposes; and
i) sharing or selling anonymized or aggregated technical product data to third parties for research or their business purposes.
(2) The combination of your personal data that we may have collected separately in relation to providing you services on your product (e.g., warranty repair) with the data described in the section “The types of personal data we collect and process” in the Piccolo O2 Data Protection Notice for the purposes a) — i) described above.
You understand that you are free to refuse or withdraw your consent at any time.
By selecting the “CANCEL” button, you do not provide your CONSENT to the data processing activity described in this Consent. In this case, you can continue to use your product, but you will not be able to utilize the Piccolo O2 application and we will not process your personal data as described in the Notice and this Consent, except for your personal data that we may have collected separately in relation to providing you services on your product.