Privacy Policy
Your privacy at Hospidex
1. General
1.1. This is the general privacy statement of Hospidex NV, with registered office at Grijpenlaan 23, 3300 Tienen and registered in the Crossroads Bank for Enterprises under the number 0442.014.647, telephone number: +32 (0)16 77 89 31, e-mail: info@hospidex.eu (“Hospidex“) and/or its affiliates under the Companies Act, (hereinafter together or separately “Hospidex Group“).
1.2. This privacy statement applies to all activities of Hospidex Group (e.g. on the website https://www.hospidex.eu)(“Website“) unless another more specific privacy statement explicitly applies to it.
1.3. Hospidex Group provides solutions in specific areas of healthcare by distributing medical devices and related healthcare products. These solutions are intended both for end users in the home environment, such as patients and consumers, and for professional users such as hospitals, rest and care homes, pharmaceutical companies and distributors such as medical specialty stores, distribution partners, pharmacists… In this context, Hospidex Group works with suppliers, with distribution partners, with customers acting as trade intermediaries and with end users.
1.4. This Privacy Statement is made available to you electronically or in hard copy and can always be consulted under the “Privacy Policy” heading on the Website.
1.5. With this privacy statement, Hospidex Group informs you as a data subject whose personal data is processed by Hospidex Group. This privacy statement may be amended by Hospidex Group at any time. Therefore, please consult it regularly. The amended privacy statement will be announced on the Website. It will automatically take effect on the date of publication on the Website, as stated at the bottom of the privacy statement.
2. Legal framework
2.1. Hospidex Group acts as the controller of the processing of your personal data that it obtains when you disclose your personal data directly or indirectly to Hospidex Group or disclose personal data that relates to someone else (e.g., through the Website, e-mail or personal contact) (“Personal Data”).
2.2. This Privacy Statement is subject to the regulations on the protection of Personal Data, such as:
(i) the Law of July 30, 2018 on the protection of privacy with respect to the processing of personal data;
(ii) the Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
(iii) any other applicable regulations regarding the protection of privacy and the processing of personal data
(together or separately, the “Privacy Law”)
2.3. This privacy statement applies in principle to all activities of Hospidex Group and thus, for example, to all pages of the Website. However, this privacy statement does not apply to third-party activities or to pages of third-party websites that might be referred to or from which the Website is linked and to which a different privacy statement may apply.
3. Legal grounds and applicability.
3.1. Hospidex Group has the following legal grounds for processing your Personal Data:
(i) the agreement you have entered into with Hospidex Group;
(ii) the free, specific, informed and unambiguous consent given by you to Hospidex Group, its partners (e.g., subcontractors or contractors) to process the Personal Data. This consent may be given by any means, such as, but not limited to: by letter, email, online or offline consent form, link or subscription, or verbally;
(iii) a legal obligation and/or
(iv) a legitimate interest of Hospidex Group.
3.2. This privacy statement does not necessarily apply to services, activities or products of third parties (including websites or applications referred to via hyperlinks (even authorized) on our website) that may be referred to and to which a different privacy statement may apply.
4. Purpose
4.1 Hospidex Group processes Personal Data in accordance with the provisions of the Privacy Law and this Privacy Statement, for the purpose of:
(i) performing its respective activities, as defined in Article 1.2 (including entering into and executing agreements for this purpose);
(ii) managing a (potential) contractual relationship with you and providing products or performing services under that (potential) relationship;
(iii) sending you information about (changes to) your purchased product;
(iv) sending sales invoices and other commercial documents;
(v) Providing optimal operation of the Website;
(vi) conducting direct marketing (similar or otherwise) about its activities, such as promotions, updates, specific promotions and services, newsletters, info brochures, emails, marketing materials and other information about Hospidex Group or the industry that may be of interest or useful;
(vii) creating a personal access (account) on the website;
(viii) to understand your needs and preferences so that Hospidex Group can better tailor its offerings, products or practices accordingly;
(ix) statistical purposes;
(x) transmission to subcontractors and contractors for the performance of the foregoing;
(xi) compliance with applicable regulations.
(hereinafter collectively or individually the “Purpose“).
5. Personal data
5.1. Hospidex Group may request, collect and process Personal Data that:
(i) may be useful for the Purpose, such as first name, last name, address, e-mail address, telephone number, bank account number, IP address, professional interests and preferences, other information provided to Hospidex Group and cookies;
(ii) collected in the context of Hospidex Group’s activities as stipulated in Article 1.2.
5.2. By registering on the Website or other websites or by communicating it to Hospidex Group, personal data are automatically accessible to Hospidex Group and will be used for the Purpose.
6. Transfer to third parties
6.1. Hospidex Group may use subcontractors or partners to perform certain processing activities (e.g. hosting the website, other ICT purposes, etc…. Hospidex Group enters into a processing agreement with these third parties who may have access to Personal Data.
6.2. Hospidex Group guarantees that it will not transfer Personal Data to third parties other than among themselves within the Group (see definition article 1.1) and those listed in article 6.1, unless:
(i) it is under a legal obligation to transfer the Personal Data;
(ii) Hospidex Group has a legitimate interest in doing so.
6.3. The third parties to whom Hospidex Group is entitled or obliged to transfer the Personal Data based on the above categories may be located either inside or outside the European Union. Thus, the Personal Data provided may also be provided to companies or entities in non-EU countries. Hospidex Group is not responsible and cannot be held liable for the further processing of the Personal Data by third parties other than processors for Hospidex Group in the context of the transfer of Personal Data.
7. Statements and assurances
7.1 You warrant that you are authorized (on behalf of the data subject) to transfer his/her Personal Data to Hospidex Group, e.g., from you, your employees, your partners… You warrant that, to the extent necessary, you have obtained the necessary authorization for the transfer of Personal Data obtained above and that you will indemnify and hold Hospidex Group harmless from any claim (including for damages) in this regard.
7.2 By accepting this Privacy Statement, you warrant that the (Personal) Data you communicate is accurate and complete.
7.3 You are aware that any violation of this provision will be considered serious misconduct.
7.4 Communicating false identities, incomplete or inaccurate data, or data belonging to third parties that the visitor/user has not authorized, may result in the visitor/user being denied, temporarily or permanently, any access, in whole or in part, to the Website.
8. Processing time
Hospidex Group stores and may use the Personal Data in accordance with this Privacy Statement and the Privacy Law for as long as necessary to fulfill the Purpose and in any event for 10 years after your last agreement with Hospidex Group has come to an end. Thereafter, Hospidex Group will delete the Personal Data.
9. Rights
9.1. The Privacy Law grants everyone a number of rights with respect to his/her Personal Data. Everyone has the right, free of charge, with respect to the Personal Data relating to him/her:
(i) to access and copy thereof;
(ii) to have it corrected if it contains errors;
(iii) to have it deleted to the extent that:
a. they are no longer necessary to achieve the Purpose;
b. consent is withdrawn and there is no other legal basis for processing the Personal Data;
c. objection is raised and there is no other legal basis for processing the Personal Data;
d. the Personal Data has been processed irregularly;
e. there is a legal obligation to erase the Personal Data;
(iv) to have the processing of Personal Data restricted;
(v) to have the Personal Data transferred to a third party;
(vi) to object to the processing of your Personal Data, in particular in the context of direct marketing;
(vii) to withdraw the consent on the basis of which Hospidex Group is entitled to process them;
(viii) to file a complaint with the Data Protection Authority (“Privacy Commission” or “Privacy Commission”) if he / she believes that the processing of his / her Personal Data violates the Privacy Law.
9.2. Provided proof of identity (copy of front identity card), to exercise the above rights and for further questions you may send a written, dated and signed request by letter to Hospidex NV, Grijpenlaan 23, 3300 Tienen or by e-mail to info@hospidex.eu
9.3. The exercise of the aforementioned rights is, however, subject to the requirements and conditions set out in the Privacy Act.
10. Storage and security
10.1. Personal data will be stored within the Hospidex Group or at its ICT supplier, located in the EU.
10.2. Hospidex undertakes to take (or have taken) all reasonable measures to ensure the protection of personal data against loss, destruction, alteration or unauthorized access through appropriate technical security requirements and security policies.
10.3. You acknowledge and agree that the transmission and storage of personal data is never without risk and that, therefore, any damage that you or the data subject suffers due to the illegal use of personal data by third parties can never be recovered by the Hospidex Group.
10.4. If you become aware of a data leak, you must inform Hospidex SA immediately and no later than 2 hours by telephone at + 32 16 77 89 31 and/or by e-mail at info@hospidex.eu
11. Liability
11.1. Hospidex Group can only be held liable for damage resulting from the processing of personal data due to an error or negligence of Hospidex Group. Under no circumstances will Hospidex Group be liable (i) in the event of force majeure, (ii) for indirect or consequential damages, (iii) for any damages resulting from errors, shortcomings or negligence on your part or third parties, other than Hospidex Group processors.
11.2. The total liability of Hospidex Group is limited in all cases to 1,000.00 (one thousand) euros for violations of this privacy statement and/or the privacy law.
12. Severability
12.1. If any provision of this Privacy Statement is found to be illegal or unenforceable, such provision will be modified to the extent necessary to make it legal or enforceable, while preserving as much of the original meaning of the provision as possible.
12.2. To the extent possible, the provisions of this Privacy Statement will be interpreted so as to be valid and enforceable under applicable law. However, if one or more provisions of this Privacy Notice are found to be invalid, illegal or unenforceable in whole or in part, the remainder of that provision and this Privacy Notice will remain in full force and effect as if such invalid, illegal or unenforceable provision had never been included.
13. Applicable law and competent court
13.1. You agree that all disputes between you and Hospidex Group relating to personal data and confidentiality issues will be exclusively governed by Belgian law.
13.2. Any dispute relating to personal data falls under the exclusive jurisdiction of the courts of Leuven, to the exclusion of any other court.
Tienen, 15.11.2018