Nutricia Care App Privacy Statement & Consent

Nutricia knows that you care how your personal data is used and we recognise the importance of protecting your privacy.
This Privacy Statement explains how Nutricia Ireland Limited (“Nutricia”, “Nutricia Care”, “we”, “our”, “us”) with its address at Block 1, Deansgrange Business Park, Deansgrange, Co Dublin, A94 P9T3, Ireland, acting as Data Controller, collects and manages your personal data in the Nutricia Care mobile application software (“App”) available on our site nutriciacareapp.nutricia.ie.  It contains information on what data we collect, how we use it, why we need it and how it can benefit you.


CONSENT - By ticking the ‘Read & Consent to Terms and Conditions and Privacy Statement’ check box, before logging into the App you are confirming you have read and understood the contents of this statement, and consent to using the Nutricia Care App. If you DO NOT tick the check box you are not consenting to using the App and will therefore not be able to login.


CONTACT US - If you have any queries or comments about this Privacy Statement, or if you want to make a request regarding any of your data subject rights please contact us here;


or write to us at:
Privacy Steward
Nutricia Ireland Limited,
Block 1 Deansgrange Business Park,
Deansgrange,
Co. Dublin


danoneprivacy.ukmb@danone.com


This Privacy Statement was last updated on 24 November 2020.

Basic Principles & Our Privacy Commitment


Nutricia is committed to protecting your right to privacy. We aim to protect any personal data we hold, to manage your personal data in a responsible way and to be transparent in our practices. Your trust is important to us. We have therefore committed ourselves to the following principles:

 

  • You have no obligation to provide any personal data requested by us except as required by law or to perform any contract we have with you. However, if you choose not to provide any personal data requested by us, we may not be able to provide you with some services or products;

  • We will only collect and process your data in the Nutricia Care App for the purposes set out in this Privacy Statement or for specific purposes that we share with you and/or that you have consented to;

  • We aim to collect, process and use as little personal data as possible;

  • When we do collect your personal data, we aim to keep it as accurate and up to date as possible;

  • If the personal data we collect is no longer needed for any purposes and we are not required by law to retain it, we will do what we can to delete, destroy or permanently de-identify it at the earliest opportunity; 

  • Your personal data will not be shared, sold, rented or disclosed other than as described in this Privacy Statement.

What Personal Data Do We Collect?

By personal data, we refer to any information about a person from which that person can be identified. This does not include data for which the identity has been deleted (anonymous data).


The personal data we collect varies depending upon the purpose of the collection, how you interact with us (for example online, offline or over the phone) and the product or service we are providing you.


Nutricia collects and uses some or all of the following categories of personal data for the purposes described below:

 

  • Identity Data includes first name, last name, username or similar identifier and title. 

  • Contact Data includes website, address, email address and telephone numbers.

  • Professional Data includes your place of practice, work address, job title and the medical field in which you are active.

  • Profile Data includes your username and password, topics of interest, preferences for some of the products or services we offer, and your interests related those products or services, feedback and survey responses.  

  • Health Data includes information about people other than you, such as personal data and health data about the Nursing Home resident including clinical information regarding the resident’s care,  other relevant information pertaining to the resident’s care including images of medical condition, resident’s name, resident’s date of birth, resident’s telephone number and/or medical care giver. This data is provided by you via the Nutricia Care referral forms. This data will only be collected with the express permission of the resident (where they have capacity to do so) collected via the Nutricia Care referral form. 

  • Content Data: includes information stored on your device, including login information, referral forms, photos, videos or other digital content.

  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website or when you access the App on our site. Technical data also includes the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting when you access via the App.

  • Usage Data includes information about how you use our App, website, products and services.

How Do We Collect Personal Data?

We collect your personal data directly from you via the following sources, this collection includes when:

 

  • Information you give us. This is information (including Identity, Contact, Professional and Health) you consent to giving us by filling in our forms on the App, or by corresponding with us (for example, by telephone, video call, email, chat, via the App messenger, or through the Nutricia Care HCPs). It includes information you provide when you register to use the App, download or register an App, subscribe to any of our Services and when you report a problem with an App, or our Services. If you contact us, we will keep a record of that correspondence. This includes personal data you provide when you:

    • place an order, or request certain products, samples or services from us;

    • create an account on our App or websites;

    • subscribe to our service or publications; 

    • request marketing to be sent to you;

    • enter a competition, promotion or survey; or

    • give us feedback or contact us.

 

  • Information we collect about you and your device. Each time you visit one of our websites or use one of our Apps we will automatically collect personal data including Technical and Usage Data. We collect this data using cookies and other similar technologies. Please see our Cookie Policy for further details


We may also collect personal data about you indirectly when:

  • you share content on social media pages, websites or applications related to our products or in response to our promotional material on social media;

  • we read or collect personal data about you by reading information collected by third party websites (for instance, we may place an ad on a third party website, and when you click on that ad, we may receive information about you and other website visitors in order to measure the reach and success of that ad;

  • we may collect data about when you open a Nutricia email or click on a link found in one. This allows us to see how well our communications with you are performing; and

  • where a patient of yours provides your name and details to us.

Information We Collect & Why

We collect your personal data so we can perform any contract we have with you, provide you with the best online experience and to provide you with a high quality of customer service.


We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

 

  • Where you have consented before the processing.

  • Where we need to perform a contract we are about to enter or have entered with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where we need to comply with a legal or regulatory obligation. 


We collect your personal data to comply with legal obligations to you, your residents or in the context of a contractual relationship that we have with you.


When we collect and use your personal data on the legal basis of our legitimate interests, we believe the risk to your data protection rights in connection with personal data is not excessive or overly intrusive. We have also put in place protections for your rights by ensuring proper retention periods and security controls.


When we collect and use your personal data for new purposes, we will inform you before or at the time of collection.


Where legally required to do we will ask for your consent to process the personal data. We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw your consent at any time by informing us of your decision. If you wish to withdraw your consent, please contact us via this link.

Purposes for which we will use your personal data

Usage & Log Information

The App must receive or collect some information to operate, provide, improve, understand, customise, and support it, including when you install, access, or use the App.

We may use third party software to provide this service, part of which will capture your usage of the App including information about your activity (how you use the App, how you interact with others using our App, and the time, frequency, and duration of your activities and interactions), log files, and diagnostic, crash, and performance logs and reports. This is for us to provide a better experience for our users. This information is collected via cookies, for more information, please see cookies section below.

Access Controls

Access to the App must be limited to commercial devices (i.e. non personal devices) only, this applies to both Nursing Home HCPs and Nutricia Care HCPs. Access to the Nutricia Care App is by invitation only and is available only via an individual secure ID code and a secure password issued for each Nursing Home. These will be given to you by your Nutricia Care HCP. You will need to reset your password on first login. You must not share your login details with anyone outside of the HCP staff in your Nursing Home. You must tell us immediately if you suspect that someone else has unauthorised access to the Nursing Home ID number, password or other security breach. For security reasons, a mandatory password reset is initiated by Nutricia every 90 days. In the event that a Nursing Home does not access the App for a period of 90 days we will treat the account as expired and you will need to request access from Nutricia again.

Nutricia Care HCPs may only access the Nutricia Care App by invitation and access is granted via an individual commercial (i.e. non-personal) Nutricia email address and secure password. These will not be shared with anyone else so that you can be sure that you are speaking with a genuine Nutricia Care HCP. If you suspect at any time that you are not speaking with a genuine Nutricia Care HCP, you should end your call immediately and contact us on 1800 923 404.

Video Calls, Messages & Photos

Video calls, both sound and video content are not recorded in the Nutricia Care App.

Should you choose to share any text messages or images via the Nutricia Care App, these will be held securely in the App for future viewing. Please do NOT share any images or text that you are not entirely comfortable sharing, or to which you do NOT consent to Nutricia holding and processing in this way. If in any doubt, please ask your Nutricia Care HCP for more details. There is no requirement for you to share images or text in order to access video call support.

By using the Nutricia Care App you consent that any messages or images which you choose to share are shared for the purposes of providing the clinical service and being retained on an ongoing basis. Such messages and images will not be shared externally and will only be accessible to the Nutricia Care HCP team for the purposes of providing the Nutricia Care service.

Your Rights

You are entitled to a number of rights and can exercise these rights at any point. We have provided an overview of these rights below together with what this entails for you. You can exercise your rights by contacting us via this link.

Some of these rights only apply in certain circumstances and so are not guaranteed or absolute rights. Please contact our Data Protection Officer if you have any questions about your rights.

The Right to Access Your Personal Data & Rectification

You have the right to access, correct or update your personal data at any time. We understand the importance of this and should you want to exercise your rights, please contact via this link.

The Right to Data Portability

Your personal data is portable. This means it can be moved, copied or transmitted electronically. However, this right only applies where:

a) The processing is based on your consent;

b) The processing takes place for the performance of a contract;

c) The processing takes place by automated means

If you wish to exercise your right to data portability, please contact us via this link.

The Right to Deletion of Your Personal Data

If you wish to delete the personal data, we hold about you, please contact us via this link, and we will take all reasonable steps to respond to your request in accordance with our legal obligations.

Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

If the personal data we collect is no longer needed for any purposes and we are not required by law to retain it, we will delete, destroy or permanently anonymise it. This is discussed in further detail below.

The Right to Restriction of Processing

You have the right to restrict the processing of your personal data.

If you wish to restrict our processing of your personal data, please contact us via this link, and we will take all reasonable steps to respond to your request in accordance with our legal obligations.

The Right to Object

You have the right to object to the processing of your personal data at any time. Please contact us via this link.

The Right to Withdraw Consent

Where legally required to do we will ask for your consent to process the personal data. When we process your personal data on the basis of your consent, you have the right to withdraw your consent at any time. However, such withdrawal does not affect the lawfulness of the processing that took place prior to this withdrawal. If you wish to withdraw your consent, please contact us via this link.

The Right to Lodge a Complaint with a Supervisory Authority

While we would be grateful if you lodged any complaints with us, you have the right to lodge a complaint directly with the Data Protection Commission’s Office about how we process personal data.

For more information about your privacy and data protection rights, or if you are not able to resolve a problem directly with us and wish to make a complaint, please contact the Irish Data Protection Commission at:

Mailing Address: Canal House, Station Road, Portarlington, R32 AP23 Co. Laois

Phone Numbers: +353 57 8684800 or +353 (0)761 104 800

Email Address: info@dataprotection.ie

You can also contact our Data Protection Officer directly at DPO.UKIE@danone.com

How We Protect Your Personal Data

We understand that the security of your personal data is important. We make our best efforts to protect your personal data from misuse, interference, loss, unauthorised access, modification or disclosure. We have implemented a number of security measures to help protect your personal data. For example, we implement access controls, use firewalls and secure servers, and we encrypt personal data. Where we have given you (or where you have chosen) a password that enables you to access the App, you are responsible for keeping this password confidential.

Sharing of Your Personal Data

If the App shares your personal data with affiliates of Nutricia Ireland Limited and other organisations listed below, we make sure we only do so with organisations that safeguard and protect your personal data and comply with applicable privacy laws in the same or similar way that we do.

Trusted third parties assist us in providing IT services, such as platform providers, hosting services, maintenance and support on the App. We use third party software to provide this service, part of which will capture your usage of the App including information about your activity (how you use the App, how you interact with others using our App, and the time, frequency, and duration of your activities and interactions), log files, and diagnostic, crash, and performance logs and reports. This is for us to provide a better experience for our users.

Your personal data will not be shared other than as described in this Privacy Statement. We may, however, share your data when required by law and/or government authorities.

Your personal data will only be shared with the following third parties for the purposes described:

If we decide to reorganise or to sell our business or our company, directly or indirectly through a sale, merger, or acquisition, we may share your personal data with actual or prospective purchasers of the business, or of our company. We will require that any such purchasers treat your Personal Data consistently with this Privacy Statement.

Third-party links

This App may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Statement of every website you visit.

Sharing Data Internationally

We do not transfer your personal data outside the European Economic Area (EEA).

Personal Data Retention Period

We will only retain your personal data for the minimum time necessary to achieve the purposes for which we collected it as set out in this Privacy Statement, including to comply with any legal or accounting requirements.

 

To determine the appropriate retention period for personal data, we take into account the quantity, nature and sensitivity of personal data, the potential risk of harm resulting from the unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and the possibility of attaining those purposes by other means, as well as the applicable legal requirements.

 

After the established deadlines, the data is either deleted or retained after being anonymized, especially for statistical purposes. It may be retained in case of pre-litigation and litigation. It should be noted that deletion or anonymization are irreversible operations, and that Nutricia is no longer able, thereafter, to restore this data.

Your personal data will also be retained for the duration of your contractual relationship with us, including where we maintain an ongoing relationship with you. Heath records are retained for 8 years after date of last entry in accordance with legal and HSE requirements.

 

If a Nursing Home leaves the Nutricia Care service, data is retained on the system for 30 days unless otherwise requested, after which the data will anonymized or deleted.

 

In the event that a Nursing Home does not use the App for a period of 90 days we will treat the account as expired and your personal data may be deleted.

Cookies and Other Technology

We may also collect personal data about you through the use of cookies and other technologies. This may occur when you install, access or use the App, visit our websites or third-party sites, or view our online content, and may include the following information:

a) Information about your device browser and operating system;

b) The IP address , device ID and Mac ID of the device you are using;

c) Web pages of ours that you view;

d) Adverts you view;

e) Links that you click while interactive with our services, and emails you open.

f) Time and date of activity

Please see our Cookie Policy for more information on this.

Changes to This Privacy Statement and Your Duty to Inform Us of Changes

This notice was last updated on 24 November 2020.  We reserve the right to change this notice at any time (for example, to comply with changes in laws or regulations, our practices, procedures and organisational structures, requirements imposed or recommended by supervisory authorities or otherwise).  Changes to this notice shall be applicable on the effective date of implementation.  Please refer to our website for the latest version of this notice.  We will also communicate any changes to you, where we are legally required to do so.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

How to Contact Us

If you have any questions, comments or complaints regarding this Privacy Statement or the processing of your personal data, please contact us via this link or write to us at:

Data Protection Officer, Nutricia Ireland Limited, Block 1, Deansgrange Business Park, Deansgrange, Co Dublin, A94 P9T3, Ireland

You can also contact our Data Protection Officer directly via email at:  DPO.UKIE@danone.com.