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* 4008A
* Medical Benefits
* Customer Services
* Life Changing Stories
* Contact
* Fresenius Medical Care Asia Pacific Site
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THE NEW 4008A
#LIFECHANGINGDIALYSIS
© 2020 Fresenius Medical Care. All Rights Reserved
* Terms of Use
TERMS OF SERVICE
Welcome to the Fresenius Medical Care Asia-Pacific Ltd. (“FMEAP”) website
located at LifeChangingDialysis.com (the “Site”). Please read these Terms of
Use (the “Terms”) and our Privacy Policy (the “Privacy Policy”) carefully
because they govern your use of our Site and our product information services
accessible via our Site. To make these Terms easier to read, the Site, our
services are collectively called the “Services.”
1. Agreement to Terms
By accessing or using the Services, you agree to be bound by these Terms and
by the Privacy Policy. If you do not agree to these Terms and the Privacy
Policy, do not use the Services.
2. Who May Use the Services
You may use the Services only if you are (i) a healthcare professional and
(ii) 16 years or
older and capable of forming a binding contract with FMEAP and are not barred
from using
the Services under applicable law.
3. Changes to the Terms or the Services
FMEAP may modify the Terms at any time, in its sole discretion. If FMEAP does
so, FMEAP will inform you either by posting the modified Terms on the
Services or through other communications. It is important that you review the
Terms whenever FMEAP modifies them because if you continue to use the
Services after FMEAP has posted modified Terms on the Site, you are
indicating that you agree to be bound by the modified Terms. If you do not
agree to be bound by the modified Terms, then you may not use the Services
anymore. FMEAP may change or stop the operation of the Services at any time
without giving any reasons.
4. Content and Content Rights
“Content” means text (including product information), graphics, images,
music, software, audio, video, works of authorship of any kind, and
information or other materials that are posted, generated, provided or
otherwise made available through the Services.
You acknowledge that all Content provided via the Services is for
informational purposes only, and FMEAP makes no warranty, and disclaims all
liability regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of any Content.
5. General Prohibitions and FMEAP’s Enforcement Rights
You agree to not do any of the following:
* Use, display, mirror or frame the Services or any individual element
within the Services, FMEAP’s name, any FMEAP trademark, logo or other
proprietary information, or the layout and design of any page or form
contained on a page, without FMEAP’s express written consent;
* Access, tamper with, or use non-public areas of the Services, FMEAP’s
computer systems, or the technical delivery systems of FMEAP’s providers;
* Attempt to probe, scan or test the vulnerability of any FMEAP system or
network or breach any security or authentication measures;
* Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by FMEAP or any of
FMEAP’s providers or any other third party (including another user) to
protect the Services or Content;
* Attempt to access or search the Services or Content or download Content
from the Services through the use of any engine, software, tool, agent,
device or mechanism (including spiders, robots, crawlers, data mining
tools or the like) other than the software and/or search agents provided
by FMEAP or other generally available third-party web browsers;
* Use the Services or Content, or any portion thereof, for any commercial
purpose or for the benefit of any third party or in any manner not
permitted by these Terms;
* Forge any TCP/IP packet header or any part of the header information in
any email or newsgroup posting, or in any way use the Services or Content
to send altered, deceptive or false source-identifying information;
* Attempt to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the Services or Content;
* Interfere with, or attempt to interfere with, the access of any user, host
or network, including, without limitation, sending a virus, overloading,
flooding, spamming, or mail-bombing the Services;
* Collect or store any personally identifiable information from the Services
from other users of the Services without their express permission;
* Impersonate or misrepresent your affiliation with any person or entity;
* Violate any applicable law or regulation; or
* Encourage or enable any other individual to do any of the foregoing.
We have the right to investigate violations of these Terms or conduct that
affects the Services. We may also consult and cooperate with law enforcement
authorities to prosecute users who violate the law.
6. Termination
FMEAP may terminate your access to and use of the Services, at its sole
discretion, at any time and without notice to you. Upon any termination,
discontinuation or cancellation of your access to the Services, all
provisions of these Terms which by their nature should survive will survive,
including, without limitation, Content provisions, warranty disclaimers,
limitations of liability, and dispute resolution provisions.
7. Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.
WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
USAGE OF TRADE. FMEAP makes no warranty that the Services will meet your
requirements or be available on an uninterrupted, secure, or error-free
basis.
8. Indemnity
You will indemnify and hold harmless FMEAP and its officers, directors,
employee and agents, from and against any claims, disputes, demands,
liabilities, damages, losses, and costs and expenses, including, without
limitation, reasonable legal and accounting fees arising out of or in any way
connected with (i) your access to or use of the Services or Content, or (ii)
your violation of these Terms and/or the Privacy Policy.
9. Limitation of Liability
NEITHER FMEAP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF
DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR
THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FMEAP HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL FMEAP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT
EXCEED ONE HUNDRED HONG KONG DOLLARS (HK$100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FMEAP AND YOU.
10. Dispute Resolution
These Terms and any action related thereto will be governed by the laws of
Hong Kong without regard to provisions of conflict of laws. You agree that
all disputes related to the Terms or your use of the Services will be
resolved exclusively in the courts of law of Hong Kong.
11. General Terms
These Terms constitute the entire and exclusive understanding and agreement
between FMEAP and you regarding the Services and Content, and these Terms
supersede and replace any and all prior oral or written understandings or
agreements between FMEAP and you regarding the Services and Content. If for
any reason a court of competent jurisdiction finds any provision of these
Terms invalid or unenforceable, that provision will be enforced to the
maximum extent permissible and the other provisions of these Terms will
remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise.
Any attempt by you to assign or transfer these Terms, without such consent,
will be null. FMEAP may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and inure to the
benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by FMEAP under these Terms,
including those regarding modifications to these Terms, will be given: (i)
via email; or (ii) by posting to the Services. For notices made by e-mail,
the date of receipt will be deemed the date on which such notice is
transmitted.
FMEAP’s failure to enforce any right or provision of these Terms will not be
considered a waiver of such right or provision. The waiver of any such right
or provision will be effective only if in writing and signed by a duly
authorized representative of FMEAP. Except as expressly set forth in these
Terms, the exercise by either party of any of its remedies under these Terms
will be without prejudice to its other remedies under these Terms or
otherwise.
* Privacy Policy
PRIVACY POLICY
Fresenius Medical Care Life
ChangingDialysis.com Website
Privacy Policy
Your privacy is important Fresenius Medical Care Asia-Pacific Ltd., 51/F, Sun
Hung Kai Centre, 30 Harbour Road, Wanchai, Hong Kong (“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 data that we collect about you on the
website or application (“Site”) from which you are accessing this policy how
we use and disclose that 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 registrations, applications, surveys, contact forms, in connection
with your inquiries, and automatically when you browse our Site.
We may request basic Personal Data when you use a Site. Personal Data that we
request includes at the minimum name, email address, company / hospital name
and country, areas of interests. You can in addition voluntarily provide your
position and telephone number.
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.
SENSITIVE PERSONAL DATA
Unless we specifically request or invite it, we ask that you do not send us,
and you not disclose, any sensitive Personal Data as defined by applicable
law (e.g. Social Security numbers, credit card number, passport number,
information related to racial or ethnic origin, political opinions, religion
or philosophical beliefs, health, sex life or sexual orientation, criminal
background, or trade union membership, or biometric or genetic data for the
purpose of uniquely identifying an individual) on or through the Site or
otherwise to us.
USE BY MINORS
The Site is not directed to individuals under the age of 16, and we request
that these individuals do not provide Personal Data through the Site. If your
child has submitted Personal Data and you would like to request that such
Personal Data be removed, please contact us as explained below under
Contacting Us.
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
Site.
Cookies are a standard feature of websites that allow us to store small
amounts of data on your computer about your visit to our Site. Cookies help
us learn which areas of the Site are useful and which areas need improvement.
A "cookie" is a bit of information that a Web site sends to your Web browser
that helps the site remember information about you and your preferences.
“Session” cookies are temporary bits of information that are used to improve
navigation, block visitors from providing information where inappropriate
(the site “remembers” previous entries of age or country of origin that were
outside the specified parameters and blocks subsequent changes), and collect
aggregate statistical information on the site. They are erased once you exit
your Web browser or otherwise turn off your computer.
"Persistent" cookies are more permanent bits of information that are placed
on the hard drive of your computer and stay there unless you delete the
cookie. Persistent cookies store information on your computer for a number of
purposes, such as retrieving certain information you have previously provided
(such as passwords), helping to determine what areas of the Web site visitors
find most valuable, and customizing the Web site based on your preferences on
an ongoing basis. Persistent cookies placed by this site on your computer may
hold personally identifiable information, but only if you have registered or
have otherwise consented to the retention of personally identifiable
information you have provided at the site. Otherwise, our site’s server only
knows that an unidentified visitor with your cookie has returned to the site.
You can choose to block the use of cookies through your browser. If you do
not want to accept cookies, your browser can be set so that you automatically
deny cookies storage or inform each time a site requests a cookie to be
stored. Through the browser, previously stored cookies can also be deleted.
See the browser's help pages for more information. Please refer to
http://www.allaboutcookies.org/manage-cookies/index.html for information on
commonly used browsers. However, if you choose not to accept cookies, it may
limit the features available to you on our websites.
We and our service providers may also automatically collect and use
information in the following ways:
Through your browser: Certain information is collected by most browsers, such
as your Media Access Control (MAC) address, computer type (Windows or Mac),
screen resolution, operating system name and version, and Internet browser
type and version. We may collect similar information, such as your device
type and identifier, if you access the Site through a mobile device. We use
this information to ensure that the Site functions properly.
IP address: Your IP address is identified and logged automatically in our
server log files whenever a user visits the Site, along with the time of the
visit and the pages visited. We use partially masked IP addresses for
purposes such as calculating Site usage levels, diagnosing server problems
and administering the site. We may also derive your approximate location from
your partially masked IP address (two-byte anonymisation).
Device Information: We may collect information from the device (device type,
operating system, screen resolution, language, country you are located in,
and web browser type) you used during your visit
Session and persistent cookies can be classified into one of four categories:
Strictly necessary cookies These cookies are strictly necessary to enable you
to move about the site or to provide certain features you have requested.
Functional cookies These cookies allow the website to remember choices you
make (such as your user name, language or region you are in) and provide
enhanced, more personalized features. Performance/Analytics cookies These
cookies collect non-personal information − data in a form that does not
permit direct association with any specific individual - and support the
measurement of websites. This information helps improve websites by
identifying any problems that visitors may encounter during their visit and
by learning how they entered the site and which pages they visited. Third
party cookies These cookies are set by a website other than the one you are
currently on. For example, some websites might have social media sharing
buttons. When you use one of the share buttons, a cookie may be set by the
service you have chosen to share content through. Such cookies can only be
disabled through the relevant third party website. Some websites might
display advertisements. Such cookies collect information about user’s
browsing habits and enable advertisements to be targeted to them based on
their interests.
These cookies are strictly necessary to enable you to move about the site or
to provide certain features you have requested.
Functional cookies
These cookies allow the website to remember choices you make (such as your
user name, language or region you are in) and provide enhanced, more
personalized features.
Performance/Analytics cookies
These cookies collect non-personal information − data in a form that does not
permit direct association with any specific individual - and support the
measurement of websites. This information helps improve websites by
identifying any problems that visitors may encounter during their visit and
by learning how they entered the site and which pages they visited.
Third party cookies
These cookies are set by a website other than the one you are currently on.
For example, some websites might have social media sharing buttons. When you
use one of the share buttons, a cookie may be set by the service you have
chosen to share content through. Such cookies can only be disabled through
the relevant third party website. Some websites might display advertisements.
Such cookies collect information about user’s browsing habits and enable
advertisements to be targeted to them based on their interests.
Please see below for the table regarding the use of cookies on the site.
Cookie Category Cookie Name Cookie Type Cookie used for Cookie expires in
Cookie Purpose How to delete Strictly necessary attention-confirmed first
party first time visit to site NA first time visit to site can be removed
from browser Strictly necessary SESSc9516d16a292154a1ace0684 3faa38a8 first
party admin page 20 days admin page can be removed from browser
Analytics
_ga
third party
google tag manager
1 year
google tag manager
can be removed from browser Analytics
_gid
third party
google tag manager
1 day
google tag manager
can be removed from browser Analytics
_stid
third party
google tag manager
2 years
google tag manager
can be removed from browser Analytics
_gat_gtag_UA_61373684_6
third party
google tag manager
1min
google tag manager
can be removed from browser Third Party
_sharethis_cookie_test
third party
social media share NA social media share can be removed from browser
Except where allowed by applicable law, we place cookies after having
received your consent through the cookie banner. You can change your cookie
settings (except for strictly necessary cookies that are required for the
proper functioning of the site) at any time.
To the extent any Personal Data is collected through cookies or similar
technologies, the other sections of this Privacy Policy apply.
HOW WE USE YOUR PERSONAL DATA
Where required by applicable law, we will obtain your consent to our use of
your personal data at the point of information collection. We may also rely
on other legal bases. We use and disclose Personal Data you provide to us as
described to you at the point of collection to:
Provide Site functionality and fulfill your requests notably:
* To respond to your inquiries and fulfill your requests.
* To send administrative information to you, such as changes to our terms,
conditions and policies, as well as marketing communications that may be
of interest to you.
* To facilitate social sharing functionality.
Provide personalized services notably:
* To better understand you and personalize our interactions with you.
* To analyse or predict our users’ preferences in order to identify
aggregated trend reports on how our Sites are used.
* To analyze or predict your preferences in order to improve our
interactions with you, i.e., to deliver you the content, products and
offers (via our Site, emails or digital tools) that we believe will be
relevant to your professional interests.
Engage with you as an HCP notably:
* To verify your eligibility to access certain products, services and data
that may be provided only to certain licensed HCPs.
* To interact with you based on your professional expertise and opinion by
digital or other means.
* To involve you in the context of surveys relating to our products or
services or those of a Fresenius Medical Care affiliate or business
partner
* To seek your views on products and services promoted by us or a Fresenius
Medical Care Affiliate or business partner for development and improvement
purposes.
* Allow you to participate in special programs, activities, events, or
promotions.
Operate our business and notably:
* To conduct data analysis and audits.
* To identify usage trends in the use of our Sites and analyze the
effectiveness of our communications.
* To detect, prevent, investigate fraud and including (cyber) security
monitoring and prevention.
* To develop, enhance, improve or modify our products and services.
* To validate your ability to access or use certain products or services.
* To better understand how our products and services impact you and those
for whom you care.
* To track and respond to concerns, including engaging in regulatory
monitoring and reporting obligations related to adverse events, product
complaints and patient safety.
* To operate and expand our business activities.
HOW WE DISCLOSE YOUR PERSONAL DATA
We also disclose information collected through the Site:
* To other Fresenius Medical Care affiliates for the purposes described in
this Privacy Policy. A list of Fresenius Medical Care affiliates is
available here.
* To our third party service providers to provide services such as website
hosting and moderating, data analysis, infrastructure provision, IT
services, customer service, e-mail and direct mail delivery services,
auditing, and other services; and
* 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 as long as it is combined.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Data for
marketing purposes
If you no longer want to receive marketing communications from us, contact by
email at mc@fmc-asia.com. In your request, please provide your name and the
addresses where you no longer wish to be contacted. We will seek to comply
with your request(s) as soon as reasonably practicable. If you opt out of
receiving marketing communications from us, we may still send you important
transactional and administrative messages, from which you cannot opt out.
How you can access, change, or delete your Personal Data
If you would like to review, correct, update, or restrict, or delete your
Personal Data (to the extent these rights are provided to you by applicable
law), please contact us via email at mc@fmc-asia.com. We will respond to your
request as soon as reasonably practicable. If circumstances cause any delay
in our response, you will be promptly notified and provided a date for our
response.
CROSS BORDER TRANSFER
Your Personal Data may be stored and processed in any country where we have
facilities or service providers, including in Singapore, and by using our
Site or by providing consent to us (where required by law), your Personal
Data may be transferred to countries outside of your country of residence,
including to countries outside the European Economic Area (EEA), which may
provide for different data protection rules than in your country.
SECURITY
We will 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 will 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 Site 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).
THIRD PARTY SITES AND SERVICES
This Privacy Notice does not address, and we are not responsible for, the
data collection, use, disclosure or security practices, or other practices,
of any third party, including any third party operating a service to which
the Site links and the use of cookies which may in turn be saved on your
computer’s hard drive. The inclusion of a link within the Site does not imply
our endorsement of the linked service and access to external links is at your
own risk and we cannot be held liable for any damages or implications caused
by visiting any external links mentioned. We encourage you to read the
Privacy Policy of every Web site you visit
DOWNLOADS & MEDIA FILES
Any downloadable documents, files or media made available on the Site are
provided at your own risk. While all precautions have been undertaken to
ensure only genuine downloads are available, you are advised to verify their
authenticity using third party antivirus software or similar applications.
We accept no responsibility for third party downloads and downloads provided
by external third party websites and advise you to verify their authenticity
using third party antivirus software or similar applications.
CONTACT US
If you have any questions, comments, requests, or concerns related to this
Privacy Policy or the information practices of this site, or if you would
like to opt out of future communications, please contact us as follows:
Fresenius Medical Care Asia-Pacific Ltd
Digital Marketing Communications Department
51/F, Sun Hung Kai Centre, 30 Harbour Road, Wanchai, Hong Kong
Telephone: +852 2583 0211
Fax: +852 2583 0200
Mail: mc@fmc-asia.com
You may also contact our data protection officer responsible for your country
or region, if applicable, at dataprotection@fmc-asia.com
LODGING A COMPLAINT WITH A REGULATOR / JUDICIAL AUTHORITIES
You may lodge a complaint with a supervisory authority competent for your
country :
Privacy Commissioner for Personal Data, Hong Kong, Room 1303, 13/F, Sunlight
Tower, 248 Queen's Road East, Wanchai, Hong Kong
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 Site. We
recommend that you regularly review the Privacy Policy when you visit the
Site. This policy was last updated on 10 April 2019.
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