Introduction

Your privacy and the manner we process your Personal Data (defined hereafter) is very important for Fluidda NV (located at Groeningenlei 132, 2550 Kontich (Belgium) with company number 0877.160.706) (“Fluidda” or “we” or “our” or “us“).

We aim to process your Personal Data in accordance with the applicable privacy legislation, such as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (“GDPR”) and the law of 31 July 2018 on the protection of natural persons with regard to the processing of Personal Data.

Through this policy (“Privacy Policy”), Fluidda describes the processing operations concerning any personal information relating directly or indirectly to you (“Personal Data”). This Privacy Policy also explains how and why we collect your Personal Data, what we do with it, with whom we share it, how we protect it and how long we store it.

We strongly urge you to read this Privacy Policy to make sure you fully understand our practices in relation to the processing of your Personal Data, before you access or use any of our services.

This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you might have under the applicable (privacy) legislation.

Fluidda reserves the right at any time and without notice to change this Privacy Policy simply by uploading such changes on our website (www.fluidda.com). Any such changes will become effective from the date of uploading.

If you would like to obtain more information concerning this Privacy Policy, please contact us at privacy[at]fluidda.com.

Who is responsible for processing of your personal data?

Fluidda is responsible for the processing of your Personal Data and will act as data controller. However, depending on the processing activity and relationship between you and Fluidda, we can be qualified as data processor in which case the responsible data controller will have to undertake the necessary action to comply with the transparency principle, including all other privacy principles of the applicable privacy laws.

Which type of personal data do we collect?

Personal Data includes any information relating to an identified or identifiable natural person (“Data Subject”).

Please note that we may process the following Personal Data of you, which will depend upon the specific processing activity and relationship between you and Fluidda:

  • In case Fluidda is acting in its capacity of data processor, we might process the following Personal Data upon the instruction of the responsible data controller, including but not limited to:
    • Age, gender, height, weight, encrypted medical image.
    • Contact information (such as name, surname, email address, phone number)
  • In case Fluidda is acting in its capacity of data controller, we might process the following Personal Data, including but not limited to:
    • Contact information (such as name, surname, email address, phone number)
    • Technical information concerning IP address, etc.
    • Cookie information (see relevant section below)
    • Interview/CV-related information (such as photo, educational information, professional background, physical address)

In our capacity of data controller, we do not process any special categories of Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data or data concerning someone’s sexual activity.

Why do we collect such information?

We collect your Personal Data solely for the purposes of processing your requests, to conduct our business and/or contractual relationship with you to deliver our services (e.g. your use of our services or medical devices), and/or to correspond with you.

We will only process your Personal Data, in our capacity of data controller, for specific purposes as listed below. Please note that we do not intend to further process your Personal Data for another purpose which we did not communicate to you upfront. However, it is possible that additional processing purposes are described via a separate privacy notification.

In case Fluidda is acting in its capacity of data controller, we might process your Personal Data for the following purposes:

  • Regulatory purposes
    • Internal/external audits (processing ground: legitimate interests or contractual necessity, depending on the factual circumstances)
    • Complaint/non-conformities handling (processing ground: legitimate interests or contractual necessity, depending on the factual circumstances)
  • IT purposes
    • Internal/external IT applications (processing ground: legitimate interests)
    • Data storage on fileserver (processing ground: legitimate interests)
    • Communication and IT connection (processing ground: legitimate interests)
  • Clinical operations purposes
    • Contact/communication with sponsor/CRO/site (processing ground: legitimate interests)
  • Scientific and academic operations purposes
    • Communication with principal investigator/ medical centers (processing ground: legitimate interests or contractual necessity, depending on the factual circumstances)
    • Academic publications (processing ground: legitimate interests)
  • Sales and BD purposes
    • Communication with existing clients (processing ground: legitimate interests or contractual necessity, depending on the factual circumstances)
    • Communication with prospect (processing ground: legitimate interests)
    • Social events (processing ground: contractual necessity)
  • Legal purposes
    • Comply with legal obligations that are imposed by the applicable legislation (processing ground: legal obligations)
  • HR purposes
    • Communication with job applicants for recruitment purposes (processing ground: legitimate interest or contractual necessity)

In case we would process your Personal Data for other purposes or interactions we may have with you, you will be informed via a separate privacy notification. For example, if you contact us with any questions, remarks, complaints or other inquiries we will process your Personal Data to respond to your inquiry.

Legal grounds for processing

In case we are acting as data controller when processing your Personal Data, we will always rely on one of the following processing grounds (as indicated in this Privacy Policy):

  • Performance of a contract with you: when the processing is necessary for the performance of a contract where you (as Data Subject) are a party to or in order to take the steps at your request to enter into a contract;
  • Our legitimate interest: when the processing of your Personal Data is necessary for the purposes of our legitimate interest, unless our interests are overridden by your fundamental rights and freedoms. We will provide you with more information about our legitimate interest at the appropriate time of the processing operation;
    Your consent: we may occasionally ask you for your free, specific, informed, unambiguous, explicit and written consent to process your Personal Data. Please note that you can withdraw your consent at any time;
  • Legal obligation: in some cases, we are required to process your Personal Data to comply with a legal obligation, such as keeping records for tax purposes or providing information to a public body or law enforcement agency.

Retention period

Your Personal Data is kept for no longer period than is necessary in relation to the purposes for which it is being processed. Fluidda will at all times ensure appropriate protection of your Personal Data while being processed.

We will remove or anonymize your Personal Data when the purpose of the processing activity has been fulfilled or when there is no valid processing ground available.

In case you have submitted a complaint or inquiry, we will store your Personal Data relating to your request as long as legally required, starting the day after we receive your complaint or enquiry, after which we will anonymize or delete all your Personal Data you have provided us within this context.

Sharing personal data with third parties

We may have to share your Personal Data with third parties. Fluidda may share your Personal Data with third parties (or otherwise allow them access to it) only after having concluded an appropriate data processing agreement in accordance with the requirements of the GDPR and this for the following cases:

Other subsidiaries and affiliates of Fluidda

We may share your Personal data with our affiliates and subsidiaries within and/or outside the European Economic Area.

Third Party Services

Fluidda has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co‑location services, communication and content delivery networks (CDN’s), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e‑mail distribution and monitoring services, session recording and remote access services, performance measurement data optimization and marketing services, content providers, and our legal and financial advisors (collectively “Third Party Service(s)“).

Such Third Party Services may receive or otherwise have access to your Personal Data, in its entirety or in part – depending on each of their particular roles and purposes in facilitating and enhancing our services and business, and may only use it for such purposes.

Law Enforcement, Legal Requests and Duties
Where permitted by applicable privacy legislation, Fluidda may disclose or otherwise allow others access to your Personal Data pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we understand that the law requires us to do so, with or without notice to you. We may also allow access to your Personal Data in special emergencies where physical safety is at risk. We reserve the right to disclose any Personal Data or other information obtained from or about you, to third parties in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of our assets, to the extent that this is necessary for the process.

We require third parties to respect the same level of security of your Personal Data and to treat it in accordance with the applicable legislation.

Transfer of your Personal data

We will process your Personal Data within and outside the European Economic Area. In case we transfer your Personal Data outside of the European Economic Area, Fluidda ensures an appropriate level of data protection by implementing appropriate safeguards (such as standard contractual clauses, or other measures as described in chapter V GDPR, etc.).

How do we protect your personal data?

We have a set of technical and organizational security measures in place to protect your Personal Data against unlawful or unauthorized access or use, as well as against accidental loss or damage to their integrity, such as:

  • Pseudonymization and encryption techniques;
  • ISO 13485 certification;
  • HIPAA compliance;

These measures are being designed taking into account our IT infrastructure, the potential impact on your privacy and in accordance with current industry standards and practice. Your Personal Data will only be processed by a third party if that third party agrees to comply with Fluidda’s technical and organizational data security measures.

Your rights

You have the possibility to exercise your rights as described in the GDPR. As a data subject, you can exercise the following rights:

Right of access

You may request access to your Personal Data that we have collected from you. Before providing access, we may ask for proof of your identity and sufficient information about your interactions with us for security reasons. If we agree that we are obliged to grant you access, we will do so free of charge but only if your request is reasonable.

Right to rectification, erasure and restriction of processing

If the Personal Data we retain about you is incorrect, you may always ask us to correct any inaccuracies.

You have the right to request us to erase your Personal Data (except in some cases, for example, when we need to proof a transaction or when we need to retain your Personal Data for legal reasons). You acknowledge that, if you refuse to provide us with certain data (including Personal Data) or request us to erase your Personal Data, we will no longer be able to provide certain of our services. You have the right to request the restriction of the processing of your Personal Data when we are no longer entitled to use your Personal Data or if you contest its accuracy.

Right to data portability

Under certain conditions, you have the right to receive your Personal Data, which you have provided to us, in a commonly used, structured machine-readable format and to transmit your Personal Data to any third party of your choice.

Right to object

If you no longer wish to be informed about any updates or receive direct marketing messages (if applicable), you are entitled to object by sending an e-mail to privacy@fluidda.com. Please note that you are not entitled to object to the processing of your Personal Data if such Personal Data is necessary for the execution of the agreement between you and Fluidda (for example: for invoicing purposes, etc.).

Right not to be subject to automated individual decision-making (including profiling)

You have the right not to be subject to a decision based solely on automated processing which produces legal effects for you. Unless you have provided your explicit consent or this is necessary for the performance of your agreement with us.

Right to withdraw consent

If our processing activity is based on your consent, you have the right to withdraw your consent at any time. Please note that the withdrawal of your consent shall not affect the lawfulness of our processing activities based upon your consent before your withdrawal.

Right to lodge a complaint

If, at any time, you are of the opinion that we have infringed your privacy, you have the right to lodge a complaint with us and/or the competent supervisory authority which is responsible for the protection of your Personal Data in the country where you reside.

You can make a request or exercise these rights by contacting us and we will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards.

To exercise the above rights, you can send an e-mail to privacy@fluidda.com. After verifying your identity and argumentation, we will do everything reasonably possible to comply with your request unless this would require Fluidda to take unreasonable measures (e.g. technically or organizationally virtually impossible or extremely costly). We may refuse to process requests that are unreasonably or repetitive.

How can you lodge a complaint?

If you do not agree with the way we process your Personal Data, you always have the right to lodge a complaint with the Belgian Data Protection Authority acting as the supervisory authority:

Website

Phone number: +32 (0)2 274 48 00/Fax: +32 (0)2 274 48 35

Address: Rue de la Presse 35, 1000 Brussels, BELGIUM

Cookies

This website uses so-called ‘cookies’. Cookies may be considered as pieces of data that are sent by the web server to your browser who writes these data to the hard disk of your computer. By using cookies, we may offer you quicker and more efficient access to our website. You can turn off the use of cookies in your browser settings. If you disable the use of cookies, our website is still accessible, but you may not have access to all the functionalities of our website. For more information about our use of cookies and on how to disable them, please consult our cookie policy.

Changes to our Policy

We may modify this Privacy Policy from time to time to reflect our current privacy practices. We encourage you to periodically review this Privacy Policy to be informed on how we process and protect your Personal Data.

If we make any significant changes concerning the processing your Personal Data, you will be notified.

This Privacy Policy was last updated on Oct 20, 2022.

Contact information

If you have any questions or remarks about this Privacy Policy or wish to exercise any of your rights, please contact us at privacy[at]fluidda.com or send a post to
FLUIDDA NV
Groeningenlei 132, 2550 Kontich, Belgium

We will attempt to resolve any complaints regarding the use of your Personal data in accordance with this Privacy Policy.