FREESTYLE LIBRE READER DIAGNOSTIC SOFTWARE PRIVACY NOTICE
Effective date: FEB 2020
Abbott recognizes the importance of data protection and privacy and is committed to protecting your personal information, including health-related information. This Privacy Notice describes how we collect and use your personal information when you provide us with product diagnostic/troubleshooting information from your FreeStyle Libre reader and sensor. You can provide this information through the FreeStyle Libre Reader Diagnostic Software application on your PC (“LRD”).
Abbott Diabetes Care, Inc., 1420 Harbor Bay Parkway, Alameda, CA 94502, United States of America is responsible for the use of your personal information.
In the EU, we are a controller of personal information you provide. We have appointed local representatives in the EU. Our local representatives are listed below in the +“Abbott Diabetes Care EU General Data Protection Regulation Representatives” section.
BY ACCEPTING OR AGREEING TO THIS PRIVACY NOTICE, YOU EXPLICITLY ACKNOWLEDGE THAT YOUR USE OF THE LRD IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS PRIVACY NOTICE AND TO THE PROCESSING AND TRANSFER OF PERSONAL INFORMATION, INCLUDING HEALTH-RELATED INFORMATION, AS DESCRIBED IN THIS PRIVACY NOTICE.
WHERE REQUIRED BY THE LAW OF YOUR COUNTRY OF RESIDENCE, CLICKING “ACCEPT” OR “AGREE” MEANS THAT YOU CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION INCLUDING HEALTH-RELATED INFORMATION.
YOUR CONSENT IS GRANTED AT YOUR FREE WILL AND YOU ACKNOWLEDGE THAT YOU ARE NOT UNDER ANY LEGAL OBLIGATION TO PROVIDE PERSONAL INFORMATION TO ABBOTT
What personal information do we collect?
When you contact us to report a fault we collect your name, address, phone number, country and email address. For more information please read our Customer Support Privacy Notice at https://www.diabetescare.abbott/customer-privacy.html. If you live outside of the United States of America, we do not combine your contact information with the product diagnostic/troubleshooting information you provide. We will keep these categories of data separately. If you live inside the United States of America, the FDA requires we keep your contact information with the diagnostic/troubleshooting information.
How do we use your personal information?
We also need to retain your contact information so that we can follow up with you to let you know what steps you can take to rectify the problem you have reported. For more information about how our customer support teams process your personal information, please read our Customer Support Privacy Notice. It is available at https://www.diabetescare.abbott/customer-privacy.html
Where do we store your personal information?
Our customer support teams will provide initial support when you report a fault. Your contact information will be retained by our customer support teams on secure servers. For more information, please visit https://www.diabetescare.abbott/customer-privacy.html
Your diagnostic/troubleshooting data, including health information, will be transferred to the United States of America to the extent it is necessary for us to provide you with technical support and perform a broader analysis to detect systemic issues.
Where we transfer your personal information to another country, we will make sure that any transfer complies with the laws of the country where you live. For example, where necessary, we will put in place contractual arrangements that closely control how your personal information can be transferred.
How long do we keep your personal information?
We keep your contact information for as long as your customer support ticket remains live. Once we have resolved or closed your customer support ticket, we retain your contact information and details of the fault for the longer of 2 years after you reported the fault or 10 years after the product is no longer manufactured.
Do we share your personal information?
We share your personal information with the following companies:
Abbott Laboratories: Our parent company assists us with IT operations to support the diagnostic data platform and as a data processor with the data analytics process, in particular, the processes related to de-identifying, pseudonymizing, aggregating and/or anonymizing information.
Third-party suppliers: we share your contact information with third-party suppliers that help us to provide customer support, as set out in our Customer Support Privacy Notice at https://www.diabetescare.abbott/customer-privacy.html. Wherever we provide your personal information to third-party suppliers, they are required to keep your personal information confidential and secure and to use your personal information to the minimum extent necessary.
Where required by law or regulators: We reserve the right to disclose your personal information to provide information about safety issues with medical products and devices, to respond to authorised information requests from government and regulatory authorities, to address national security situations, or when otherwise required by law. We may also disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Privacy Notice, or as evidence in litigation in which we are involved, where permitted or required by law. Your personal information may be subject to foreign laws and may be accessible by foreign governments, courts, law enforcement, and regulatory agencies.
How do we protect your personal information?
We have implemented administrative, technical and physical safeguards to protect your personal information, including health-related information, from unauthorized or unlawful access, accidental loss, destruction, damage, misuse, disclosure and alteration, including use of cryptographic technologies. We restrict access to personal information by our employees and contractors on a need-to-know basis.
What rights do you have?
Depending on your place of residence, you may have the right to: (a) access the personal information we hold about you; (b) request we correct any inaccurate personal information we hold about you; (c) delete any personal information we hold about you; (d) restrict the processing of personal information we hold about you; (e) object to the processing of personal information we hold about you; and/or (f) receive any personal information you have provided to us on the basis of your consent in a structured and commonly used machine-readable format.
Please let us know if you wish to exercise any of these rights by contacting us using the details set out below.
You have a right to contact your local privacy regulator at any time if you are unhappy with how we have dealt with your privacy request.
How can you contact us if you have a privacy question?
If you have questions, comments, or complaints about our privacy practices, please contact us by clicking on the “Contact Us” link in one of our websites or emailing us at DiabetesCarePrivacy@Abbott.com.
You have the right to lodge a complaint with your local data protection authority if you are unhappy with any aspect of Abbott’s processing of your personal information The contact details of our European data protection officer along with other useful contact information are available at www.EU-DPO.abbott.com.
Alternatively, you may write to us at:
Attn:
Privacy Officer
Abbott Diabetes Care Inc.
1420 Harbor Bay Parkway
Alameda, CA 94502
United States of America
Will we update this Privacy Notice?
We may update this Privacy Notice from time to time. We will update the effective date at the top of the document so that you know if we have updated it. We will always maintain the most up-to-date version of this Privacy Notice at https://www.diabetescare.abbott/customer-diagnostics-privacy-notice.html
COUNTRY SPECIFIC PROVISIONS
+Argentina
The Public Information Access Agency, in its capacity as supervisory body of Act No. 25.326, has jurisdiction over all accusations and complaints made by those affected in their rights for infringements to regulations in force referred to the protection of personal information.
If you wish to make a complaint about a breach of the Privacy Act, the Australian Privacy Principle (“APPs”) or a privacy code that applies to us, or if you have any queries or concerns about our Privacy Notice or the way we handle your personal information, please contact us using the details above and we will take reasonable steps to investigate and respond to you.
If after this process you are not satisfied with our response, you can submit a complaint to the Office of the Information Commissioner. See http://www.oaic.gov.au/privacy/privacy-complaints, to obtain the relevant complaint forms, or contact the Information Commissioner’s office. We are not likely to disclose your personal information overseas, except as permitted by the Privacy Act 1988 (Cth), unless we otherwise advise you in writing. We may transfer your personal information to the United States. You consent to that disclosure and agree that by giving that consent, Australian Privacy Principle 8.1 no longer applies, and we are not required to take reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to that information.
California Civil Code Section 1798.83 permits residents of the State of California to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. Abbott is required to respond to a customer request only once during any calendar year. To make such a request you should send a letter to Abbott Diabetes Care Inc., Attn: Privacy Officer, 1420 Harbor Bay Parkway, Alameda, CA 94502, USA. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information sharing that is covered will be included in our response.
If you have any questions regarding Abbott’s compliance with the California Consumer Privacy Act (CCPA) and your rights under CCPA, please visit https://www.abbott.com/privacy-policy.html.
+European Economic Area and Switzerland
Consent: To process personal information concerning your health, you must provide Abbott affirmative consent to use the diagnostic/ troubleshooting data. You may withdraw your consent at any time by contacting us (please see +“How can you contact us if you have a privacy question?” section).
Legal basis for the processing of your personal information: Abbott processes your information based on the following legal bases as set out in the GDPR:
1. Consent to process health-related information when you share your diagnostic/ troubleshooting data to support your request.
2. Consent to process health-related information when you contact our customer support line about any of the FreeStyle family of products and your health-related information if necessary for us to respond to your questions or to your request for support, such as troubleshooting any performance issues or when necessary to share your information with our third party processors to resolve a service issue.
3. Consent to process health-related when you share your diagnostic/troubleshooting data with us through the LRD, if it is necessary for us to respond to your request for support, such as diagnostics and troubleshooting of any performance issues.
4. Public interest in the area of public health when we de-identify, pseudonymize and/or aggregate diagnostic/troubleshooting data that you share with us to perform analysis to detect broader systemic issues.
5. Legal requirements related to the regulation, quality and safety and post-market surveillance of medical devices.
Data Protection Officer: The contact details of our European data protection officer along with other useful contact information are available at www.EU-DPO.abbott.com.
Your rights: If you would like to exercise any of your rights and are contacting us by email, please title your email subject line accordingly (for example, “Correction Request” or “Access Request”, or other right as applicable, in the subject line of the email.) We will do our best to respond to all reasonable requests in a timely manner, or at the very least, in accordance with any applicable legal requirement. You have the right to lodge a complaint with your local data protection authority if you are unhappy with any aspect of Abbott’s processing of your personal information.
Abbott has appointed the following local representatives in the EU:
|
Country |
Representative name |
Representative address |
|
Austria |
Abbott Gesellschaft m.b.H. |
Perfektastraße 84A 1230 Vienna, Austria |
|
Belgium Luxembourg |
Abbott S.A. |
Einstein 14, 1300 Wavre, Belgium |
|
Czech Republic Croatia |
Abbott Laboratories, s.r.o. |
Prague 6 Hadovka Office Park Evropská 2591/33d, Prague 160 00, Czech Republic |
|
Denmark |
Abbott A/S |
Emdrupvej 28 C DK – 2100 Copenhagen, Denmark |
|
Finland |
Abbott OY |
Pihatorma 1AFIN 02240 ESPOO, Finland |
|
France |
Abbott France S.A.S |
Batiment Florence, 3 Place Gustave Eiffel, Rungis 94518, France |
|
Germany |
Abbott GmbH & Co. KG |
Max-Planck-Ring 2, 65205 Wiesbaden, Deutschland |
|
Greece |
Abbott Laboratories (Hellas) A.B.E.E.E. |
Vouliagmesis Ave 512, 174 56 Alimos, Greece |
|
Hungary |
Abbott Laboratories (Hungary) Health Products and Medical Equipment Trading and Servicing Limited Liability Company |
1095 Budapest, Lechner Odon fasor 7, Budapest 1106, Hungary |
|
Ireland |
Abbott Laboratories, Ireland, Limited |
4051 Kingswood Drive, City West Business Campus, Dublin 24, Ireland |
|
Italy |
Abbott S.R.L. |
Via Amsterdam 125, 00144 Roma, Italia |
|
Netherlands |
Abbott B.V. |
Wegalaan 9, 2132 JD Hoofddorp, Nederland |
|
Poland |
Abbott Laboratories Poland Sp z.o.o. |
ul. Postepu 21 b, 02-676, Warsaw, Poland |
|
Portugal |
Abbott Laboratorios, Limitada |
da Alfragide 67, Alfrapark D, Amadora 2610-008, Portugal |
|
Romania |
Abbott Laboraboratories SA |
Abbott Diabetes Care, Romania, Bucuresti 014459, sector 1, Floreasca Business Park, Calea Floreasca 169 A, Corp B, Romania |
|
Slovakia |
Abbott Laboratories Slovakia s.r.o. |
Karadzicova 10, 821 08 Bratislava 2, Slovenska republika |
|
Spain |
Abbott Laboratories, S.A. |
Costa Brava 13, 28034 Madrid, Spain |
|
Sweden |
Abbott Scandinavia AB |
Hemvarnsgatan 9, 171 54 Solna, Sweden |
|
United Kingdom |
Abbott Laboratories Ltd. |
Abbott House, Vanwall Business Park, Vanwall Road, Maidenhead, Berkshire SL6 4XE, United Kingdom |
+Chile, Colombia and Saudi Arabia
Your consent is required for Abbott to process your personal information generally. By accepting the terms of this Privacy Notice, you are deemed to have consented to the processing of your personal information as described herein. You may withdraw your consent at any time by contacting us (please see +“How can you contact us if you have a privacy question?” section).
Our local representative is Abbott France (Diabétologie), S.A.S., Batiment Florence, 3 Place Gustave Eiffel, Rungis 94518, France.
You have the right to lodge a complaint to the Information Regulator regarding the processing of your personal information, by writing to: The Information Regulator, SALU Building, 316 Thabo Sehume Street, PRETORIA, Ms Mmamoroke Mphelo, Tel: 012 406 4818, Fax: 086 500 3351, inforeg@justice.gov.za