WEBSITE PRIVACY POLICY

The personal information we may collect from and about you helps us personalize and continually improve your experience on our websites or applications. We may use the personal information we collect from you in some of the following ways:

• To personalize and improve your experience on our website or application and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your requests and providing you with information, products or services that you request.
• To process your transactions.
• To verify your identity.
• To administer a promotion, survey or other website or application feature.
• To troubleshoot problems with the website, application, or services.
• To provide you with email alerts and notices concerning our products or services, events or news. You may opt out of receiving our marketing emails by using the “unsubscribe” linked contained in any marketing email that we send.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To improve our website and present its contents to you.
• For testing, research, analysis and product development related to our websites or applications.
• As necessary or appropriate to protect against fraudulent, illegal or unethical activity.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We may share your personal information with our affiliated entities, subsidiaries or other third parties, as follows:

• With your consent.
• To vendors we engage to provide services on our behalf, such as to deliver products or services to you, website hosting, credit card payment processing, order processing, data analytics providers and external consultants.
• In the event of a corporate transaction, such as a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.

We and our service providers use various tracking technologies, including cookies, to collect information about you when you interact with our websites or applications.  Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. Cookies help us in many ways to make your use of our website more enjoyable and meaningful, such as understanding usage patterns and improving functionality of the website. For instance, we use cookies to help us understand your preferences based on previous or current website activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about website traffic and website interaction so that we can offer better website experiences and tools in the future.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Google Chrome or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your website more efficient and some of our services will not function properly.

We may allow others to provide analytics services on our behalf (such as Google Analytics and Adobe Analytics).  For example, we use analytics partners to help us analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests and other websites and better understand your online activity. You can learn more about how Google Analytics uses your data by visiting https://www.google.com/policies/privacy/partners/ and for Adobe’s privacy practices visit https://www.adobe.com/privacy.html.

We may include links to other websites or applications, such as social media plug-ins. If you visit the link, you may be subject to another party’s privacy practices and policies, which may differ from this Privacy Notice.  A link to a third-party website or service does not mean that we endorse that third party or the quality or accuracy of the information presented on its website or service.  Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these linked sites (including if a specific link does not work).

We take reasonable precautions to help protect the personal information that we collect and store from websites and applications.  However, no system or online transmission of data is completely secure and FMCNA cannot guarantee the security of personal information transmitted on-line. We encourage you to take reasonable precautions to safeguard your personal information.

We will store the personal information you provide for as long as we believe is necessary or appropriate (i) to carry out the purpose(s) for which we collected it, or (ii) to comply with applicable laws, contracts, or other rules or regulations.

This website or mobile application is intended for users located in the United States, and this Website Privacy Notice describes how we use and disclose your personal information pursuant to United States law. We make no representation that this site or mobile application is appropriate or available for use in locations outside of the United States.  The privacy laws of the United States and other countries may be different from those in your country, and you understand that by using this website or mobile application, your personal information will be processed in the United States or in the countries where our vendors are located.

This Site is intended for adults and does not knowingly collect personally identifiable information from children under the age of thirteen.  If you believe this Site might have any information from or about a child under the age of 13, please contact us by sending us an e-mail stating your request to [email protected] or contacting us in writing at the address provided below.

Please note: Our Children’s Website Privacy Notice, not this Website Privacy Notice, applies to any Sites operated by FMCNA that are directed to children under age 13.

Pursuant to the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 (collectively “CCPA”), Fresenius Medical Care North America (“FMCNA”) is providing the following additional details regarding the categories of Personal Information about California residents that we have collected, used, or disclosed within the preceding twelve months:

PERSONAL INFORMATION WE COLLECT

FMCNA collects the following categories of Personal Information:

A. Identifiers, such as name, passport, visa, or other government-issued identification data, and online identifiers.

B. Personal information, as defined under applicable California law, such as contact information, and financial information.

C. Characteristics of protected classifications under California or federal law, such as gender, age, medical conditions, primary language, national origin, citizenship, and marital status.

D. Commercial information, such as certain financial information, health insurance, and payment methods.

FMCNA may also collect the following categories of Personal Information:

E. Biometric Information.

F. Internet or network activity information, such as browsing history and interactions with our and other websites and computer systems.

G. Geolocation data, such as device location and IP location.

H. Audio, electronic, visual, and similar information, such as images and audio, video or call recordings created in connection with our business activities.

I. Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

J. Sensitive Personal Information, which may require an extra level of protection or higher duty of care based upon applicable law. Sensitive Personal Information includes special categories of information such as information on biometric, medical or health conditions, racial, ethnic, and sexual orientation.

FMCNA acquires this information directly from you, as well as from other sources, including through online services (social media pages, applications, and websites), offline interactions customer service centers, internet connected devices, public databases, and joint marketing partners. We do not disclose your personal information to third parties for commercial purposes.

USE OF PERSONAL INFORMATION

FMCNA may use this Personal Information to operate, manage, and maintain our business, to provide our products and services, for vendor management purposes, and to accomplish our business purposes and objectives, including, for example, using Personal Information to: develop, improve, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.

DISCLOSURE OF PERSONAL INFORMATION

We disclosed the following Personal Information to third parties (for our operational business purposes).

We have “sold” or “shared” the below categories of Personal Information. For purposes of this Privacy Statement, “sold” or “sale” means the disclosure of Personal Information for monetary or other valuable consideration but does not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business. “Share” means to disclose data to third parties for cross context behavioral advertising purposes. For the categories below, FMCNA “sells” or “shares” the information solely for the purposes of Marketing and Promotion.

De-identified Patient Information

We collect Protected Heath Information as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). We may de-identify such information in accordance with one or more of the following:

(i)             The de-identification methodology described in Section 164.514(b)(1) of Title 45 of the Code of Federal Regulations, commonly known as the HIPAA expert determination method.

(ii)            The de-identification methodology described in Section 164.514(b)(2) of Title 45 of the Code of Federal Regulations, commonly known as the HIPAA safe harbor method. Once information is de-identified, it is no longer considered personal information under HIPAA.

We may disclose, “sell,” or “share” such de-identified information.

CALIFORNIA INDIVIDUAL PRIVACY RIGHTS

If you are a California resident, you have the following rights with respect to your personal information:

You have the right to request that we disclose to you:

• The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information.
• The specific pieces of Personal Information we collected about you.
• The business or commercial purpose for collecting, disclosing, “selling,” or “sharing” (if applicable) Personal Information about you.
• The categories of Personal Information about you that we “sold” or “shared” and the categories of third parties to whom we “sold” or “shared” such Personal Information (if applicable).
• The categories of Personal Information about you that we otherwise “sold,”
  “shared” or disclosed, and the categories of third parties with whom we “sold” or “shared” or to whom we disclosed such Personal Information (if applicable).

If we maintain your personal information, we will provide you with a copy of this information in a readily useable format, free of charge, twice, within a twelve-month period. If you submit more than two requests within a twelve-month period, we may charge you a reasonable fee or deny your request.

You have the right to request that we delete Personal Information we have collected about you.

You have the right to request that we correct inaccurate personal information that we maintain about you.

To make a request for the disclosures, deletion, or correction described above, please contact us here or by calling 1-800-662-1237 ext. 1007100. We may request information from you in order to verify your request, such as your name, email address, postal address, phone number, and then use that information to match it with information we already have. Depending on your request, we may also ask you for additional identifiers if needed to verify your identity. We will respond to your request consistent with applicable law.

Authorized Agent

If you would like an authorized agent to make a request on your behalf, the agent may do so by contacting us here or by calling 1-800-662-1237 ext. 1007100. Upon receipt of a request by an agent, FMCNA may ask the agent for written, signed permission that the agent has been authorized by you to act on their behalf. Once written authorization is provided, FMCNA will open a request for you. Depending on the request, we may also verify your identity directly with you and request that you confirm you provided the agent with authority to act on your behalf. FMCNA will respond directly to the individual email address provided by the authorized agent regarding the fulfillment of the request, and not in a platform or portal.

You have the right to opt-out of any future “sale” or “sharing” of your Personal Information by clicking Do Not Sell or Share My Personal Information or by calling 1-800-662-1237 ext. 1007100.

We may use or disclose your Sensitive Personal Information for purposes outside of those listed in the CCPA. You have the right to limit the use of your sensitive Personal Information to only specified purposes by clicking Limit the Use and Disclosure of My Sensitive Personal Information or by calling 1-800-662-1237 ext. 1007100.

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

We do not knowingly “sell” or “share” the Personal Information of individuals under the age of 16.

CONTACT US

If you have questions or concerns about this Privacy Statement, you may contact us at [email protected], or by calling 1-800-662-1237 ext. 1007100.

Updates

This Privacy Statement was last updated:  December 15, 2022

FMCNA reserves the right to change this Privacy Notice at any time. As business needs change, we will review our practices regarding the collection and use of personal information and amend this Privacy Notice as appropriate. The Effective Date is reflected at the top of the page. Your continued use of the website or application after the Effective Date constitutes your acceptance of the amended Privacy Notice.

We welcome your questions, comments, and concerns about this Privacy Notice, how we collect and use Personal Information, or your privacy choices and rights. Please send us any questions or feedback to:

Fresenius Medical Care North America
920 Winter Street
Waltham, MA 02451
Attn: Privacy Officer

Phone: 1-800-662-1237 ext. 1007100
Email:[email protected]