F&P SLEEPSTYLE ™ Privacy Policy
Effective from 15 November 2024
1. GENERAL
Fisher & Paykel Healthcare (Guangzhou) Co., Ltd. and its affiliates ("F&P", "us", "we" or "our") is a registered company and is the developer of this F&P SleepStyle mobile application (“Application”). Use of this Application is optional, and it is not required for the use or performance of your Fisher & Paykel Healthcare SleepStyle medical device (“F&P Device”). This Application is intended to support end-user therapy management related to F&P Devices only. If the user (“you”, “your”) choose to use this Application, then F&P is the Personal Information Handler under local personal information laws, and you consent to the Application handling Personal Information from your F&P Device.
This Privacy Policy explains the personal information that may be collected, stored, used, processed, transmitted, provided, disclosed or deleted (collectively “Handled”) when you use this Application, your rights and how you may exercise your rights. It may be updated to improve transparency of personal information handling or to reflect changes in personal information handling. We will promptly notify you of changes to this Privacy Policy and re-confirm your consent.
2. Personal Information Collected
“Personal Information” means all kinds of information related to identified or identifiable natural persons that are electronically or otherwise recorded, excluding information that has been anonymized. “Sensitive Personal Information” means the personal information of which the leakage or illegal use could easily lead to the violation of the personal dignity of a natural person or harm to personal or property safety, including personal property information, physiological and health, personal biometric information, personal identity information and personal information of minors under the age of fourteen. Please note that Sensitive Personal Information are underlined and bolded in this Privacy Policy.
The Application will receive information from your F&P Device about device usage and performance relating to your therapy treatment (“Device Information”). Device Information is necessary information identified and recorded by your F&P Device, and is summarised and shared to the Application for you to view, such as:
· Times and dates of use.
· Sleep hours.
· Mask leak.
· Apnoea Hypopnea Index (AHI).
· F&P Device settings.
· F&P Device data for Bluetooth pairing and connection.
Identifiable personal information about you (such as name, email, phone number) is not collected for the Application. This means any Device Information Handled by the Application is not directly identifiable information. Your F&P Device Serial Number will be shared with your authorised healthcare provider, physician or sleep laboratory ("Healthcare Provider" or “Provider”) through a separate F&P provided clinical monitoring software platform (“Software”) in order to link your data in the Software to an identifiable record.
Your F&P Device provides CPAP therapy so information from your F&P Device may be considered, or reveal, your special health information. By using the Application and receiving Device Information from your F&P Device, you consent for the collection, storage and use of your personal health information by the Application.
If you are an existing user of a F&P Device, your Healthcare Provider(s) may already provide certain elements of your Device Information to us through a separate clinical monitoring application. This Device Information is uploaded by your Device or your Provider to that application only where you have given your consent to your Provider for such collection and use. We may also collect Device Information from this source for the purposes of providing the Application (in addition to Device Information collected by the methods detailed above).
This Application is not intended to be used by Minors.
3. Use of your Personal Information
We will use your personal information, including Device Information (together, "Information"), for the purpose of providing you with the Application and any information or services we make available to you via the Application (or for purposes which are directly related to that purpose), namely:
· to allow you to review data relating to your usage of your Device and to provide you with educational material and information relating to your therapy;
· if you have provided consent to your Healthcare Provider(s), to provide Information to your Healthcare Provider(s) and maintain that Information for your Healthcare Provider(s);
· to communicate with you through push notifications or other means (if you specifically consent to this);
· to reply to any queries you may have about our use of your Information; and
· to perform data analytics to improve our products and services.
As required by the applicable laws and regulations, F&P may Handle your personal information without your prior consent if:
· the handling is necessary to fulfill statutory obligations;
· the handling is necessary to respond to public health emergencies or protect the life, health or property safety of natural persons under emergency circumstances;
· Personal Information, that has been made public by yourself or has been legally publically disclosed, is Handled within a reasonable scope; or,
· under any other circumstance as provided by any law or administrative regulation.
4. Methods of Handling
The Application uses Bluetooth connectivity to collect and transmit Device Information from your F&P Device to the Application, and we will share this with your Healthcare Provider(s) through the Software, only if you have consented to this service via your Healthcare Provider(s). Device Information is Handled and used by the Application to analyse and display your Device Information according to your instructions and the functionality developed in the Application. Handling is performed and stored locally on your mobile device. If you have consented to share your Device Information with your Healthcare Provider(s), handling will also be performed and stored on secure servers in the People’s Republic of China (“China”, which for the avoidance of doubt excludes the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan).
The Application does not perform any automated decision making or provide any personalised recommendations for your therapy.
4.1 Self-launch and associated self-launch instructions
Android mobile phones: The Application needs to respond to Bluetooth broadcasts to establish a connection with your F&P Device on self-launch and while the Application running is in background. This maintains a connection between the Application and the F&P Device in order to receive Device Information from the F&P Device.
5. Mobile Device Permissions
|
Permission |
Purpose |
Effect of turning off |
|
Bluetooth |
To wirelessly connect to your F&P Device and retrieve Device Information relating to your therapy.
Where you have consented to share your Device Information with your Healthcare Provider(s), to send your Device Information to your Healthcare Provider(s) through the Software. |
The Application will be unable to receive new Device Information. Existing data stored by the Application will not be affected.
Your Healthcare Provider(s) will be unable to receive new Device Information. Existing data stored with your Healthcare Provider(s) will not be affected. |
|
Location* (only applies to mobile devices using Android 11 software versions, or earlier). |
To enable Bluetooth connectivity to function. No location data is stored or used by the Application. |
The Application will be unable to use Bluetooth to receive new Device Information. Existing data stored by the Application will not be affected. |
6. Retention and Deletion
Device Information is stored locally on the mobile device that you install the Application on. Device Information will be retained for as long as the Application is installed for use. Uninstalling the Application will delete all stored Application and Device Information from your mobile device.
If you have consented to share your Device Information with your Healthcare Provider(s), Device Information will be retained for as long as your Healthcare Provider(s) are using their account on the Software and for a period of up to seven (7) years after their account on the Software is de-activated. If you wish to delete such Device Information, then you should contact your Healthcare Provider(s) who will be responsible for acting on this request.
7. Transfers and Sharing of Information
If you do not choose to share your Device Information with your Healthcare Provider(s), Device Information is only collected and used by the Application and is stored locally on your mobile device. Device Information Handled by the Application can only be accessed, shared or transferred by you. Only Users can choose to share Device Information from the Application. If F&P requires Device Information to provide any technical support you request, we will advise this at the time we provide technical support and request your consent.
If you do choose to share your Device Information with your Healthcare Provider(s), Device Information will be transferred to secure servers in China. Your Device Information will be disclosed to your Healthcare Provider(s) and may be disclosed to: a) duly authorised staff of the Fisher & Paykel Healthcare group in China, for the purposes in clause 3 above; b) governmental authorities or regulatory bodies, where we are under a legal obligation to do so; and c) our third party service providers in China that we entrust to provide services on our behalf and who we have legally bound to data protection and data security obligations. We will not provide your Device Information to unrelated third parties, except with your consent or if it is otherwise required by law.
8. Third Party Handling and Software Development Kits (SDKs)
Third party Software Development Kits (SDKs) were used to support the development and publication of the Application (see Appendix). Applicable SDKs depend on the operating system of the mobile device used to install the Application.
9. Security
F&P will:
1) Implement appropriate technical and organizational security measures in the development of the Application and its personal information handling activities according to applicable laws to support the safety of your personal information. This includes measures relating to the use of third-party service providers and SDKs. F&P may provide Application updates from time to time to maintain security.
2) Ensure that its employees and third-party service providers (if applicable) are subject to confidentiality undertakings or professional or statutory obligations of confidentiality in the event you consent to share your Device Information to receive technical support from F&P.
3) Notify Application Users if there is a personal information breach, in accordance with applicable law.
4) Cooperate with legal authorities as necessary regarding applicable personal information and security laws.
10. Personal Information Rights
Personal information Handled by the Application is not intended to be identifiable and is designed to be stored and controlled by you on your mobile device. There is no automated access, sharing or transfer of Application information with F&P or any other third party unless you provide consent to your Healthcare Provider(s). If you choose to withdraw your consent to handling your personal information or using the Application, you can do so by uninstalling the Application at any time and deleting all information. This will not impact your ability to use your F&P Device for therapy.
Subject to applicable law in China (which for the avoidance of doubt excludes the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan), you may have the right to 1) access your personal information, 2) have the personal information we hold about you corrected or updated if it is incorrect, incomplete or inaccurate, 3) have your personal information deleted or its use restricted, 4) object to the use of your personal information and/or 5) receive, in a structured, commonly used and machine-readable format, the personal information that you have provided to us, and to transmit this personal information to a third party. If you wish to exercise any of these rights (to the extent applicable in your country), please contact us at infosmart.privacy@fphcare.com.cn. We will comply with your request as soon as reasonably possible in compliance with applicable law. If you are not satisfied by our response, you may lodge a complaint with a data protection authority.
Any personal information handling not contemplated by this Privacy Policy, including any handling of personal information by F&P outside of the Application and the Software, is subject to F&P’s Global Privacy Statement, which is located at https://www.fphcare.com/privacy and includes information on associated Personal Information Rights.
11. Contact Information
If you have questions about your Device Information and therapy, you should contact your Healthcare Provider(s).
You can contact F&P for technical support or to inquire about personal information privacy relating to the Application at:
· Fisher & Paykel Healthcare (Guangzhou) Co., Ltd.
o Phone: +86 20 320 53486
o Email: sleepstyle-app@fphcare.com.cn
· For privacy related support, contact our privacy team at infosmart.privacy@fphcare.com.cn
If we require your personal information to provide you the support you request, we will advise this at the time we provide you support and request your consent for its use.
Appendix
Third party SDKs and Libraries
Third party Software Development Kits (SDKs) and libraries were used in the development and publication of the Application. The SDKs and libraries used depend on the operating system of your mobile device and may be needed to process Device Information for Application performance.
SDKs and library versions are correct at the time this Privacy Policy was last updated and may be regularly updated. Please contact us if you would like more information about SDKs.
SDKs
|
SDK |
Description |
Website Link to SDK Developer |
|
Apple Devices |
||
|
· Apple iOS SDK |
iOS Platform SDK enabling creation of software for iOS devices. |
https://developer.apple.com |
|
Android Devices |
||
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· Google Android SDK |
Android Platform SDK enabling creation of software for Android devices. |
https://developers.google.com |
Libraries
|
Library |
Description |
Website Link to SDK Developer |
|
Apple Devices |
||
|
· PromiseKit 5.0.0 |
Asynchronous programming library. Published by Max Howell (github @mxcl) |
|
|
· SwiftDate 4.5 |
Toolkit to parse, validate, manipulate, compare and display dates, time & time zones. Published by Daniele Margutti (github @malcommac) |
|
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· SwiftKeychainWrapper 4.0.0 |
iOS Keychain Wrapper. Published by Jason Rendel (github @jrendel) |
|
|
· SWXMLHash 7.0.0 |
XML Parser. Published by David Mohundro (github @ drmohundro) |
|
|
Android Devices |
||
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· eventbus 3.0.0 |
Publish/subscribe event bus library. Published by Markus Junginger (github @greenrobot) |
|
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· material-calendarview 1.4.3 |
A Material design back port of Android's CalendarView. Published by Prolific Interactive |
https://github.com/prolificinteractive/material-calendarview |
|
· calligraphy 3.1.1 |
Custom fonts library. Published by InflationX |
|
|
· viewpump 2.0.3 |
Interceptable View Inflation library. Published by InflationX |
|
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· joda-time 2.9.9 |
Library that provides a replacement for the Java date and time classes. Published by Joda.org |
|
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· MPAndroidChart v2.2.2 |
Chart view / graph view library. Published by Philipp Jahoda (github @philjay) |
|
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· prettytime 4.0.1.Final |
Social Style Date and Time Formatting for Java. Published by OCPsoft |
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· picasso 2.5.2 |
An image downloading and caching library for Android. Published by Square |
|
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· sliding-layer 1.2.5 |
Customizable Sliding Layer library. Published by Microsoft |
https://github.com/microsoftarchive/android-sliding-layer-lib |
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· scytale 1.0.1 |
Key generation, key storing and encryption manager. Published by Yakiv Mospan (github @ yakivmospan) |
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· butterknife 10.2.0 |
View binding library. Published by Jake Wharton (github @ JakeWharton) |
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· SpinnerDatePicker 1.0.6 |
Styleable Date Picker library. Published by David Rawson (github @ drawers) |
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