Last Updated : 01 Sep 2014 1:59 PM

Privacy policy

Fisher & Paykel Healthcare (FPH) cares about the security and privacy of your personal data and wants you to be familiar with how we collect, use and disclose information. The following privacy (Privacy Policy) describes FPH’s practices in connection with the information that we collect and it applies to all users of the following websites:

  • fphcare.com (and associated regional domains)
  • myoptiflow.com
  • rac.fpresourcezone.com
  • osa.fpresourcezone.com

and any and all other websites owned, operated or controlled by FPH accessible by (together, Sites). This Privacy Policy should be read in conjunction with the Terms of Use (Parts A and B).

  1. Access and Use:By completing the registration process and/or accessing the pages of any Site, you acknowledge that you have read and accepted this Privacy Policy and our Terms of Use (together referred to as the Website Terms). If you do not agree to be bound by the Website Terms then you must stop accessing and using the Sites.
  2. Collection: Some areas of the Sites may ask you to submit personal information in order for you to benefit from the specified features or to participate in a particular activity. FPH may gather three types of information about you from the Sites:

(a) personal information, provided by you at the time of registration in order to use the Sites or voluntarily submitted by you as part of your use of the Sites;

(b) aggregate information generated by FPH’s systems which track traffic to the Sites but do not relate to you personally; and

(c) information permitted by applicable laws and regulations for the protection of your personal data.

Failure to provide necessary personal information when requested may result in certain services not being available to you.

We may combine the information you submit with other information we have collected from you, whether online or offline, and we may also combine it with information we receive about you from other FPH related sources, publically available information and other third parties.

  1. Children’s Privacy: We are committed to protecting the privacy of children. You should be aware that these Sites are not intended or designed to attract children under the age of thirteen (13). We do not collect personally identifiable information from any person we actually know is a child under the age of thirteen (13). We request that individuals under the age of thirteen (13) do not provide personal information through any Site.
  2. Disclosure of Information: FPH may disclose:

(a) any information that FPH gathers about you to third parties (including to our service providers) for the purposes of providing you with any products and/or services that FPH considers may be of interest to you;

(b) aggregate tracking information and other information that does not personally identify you, to third parties;

(c) your personal information to third parties, when FPH believes in good faith that FPH is required to do so by law;

(d) your personal information to other third parties, provided FPH has your prior authorisation, which FPH will usually obtain at the time of collecting the information from you.

We may also disclose information collected to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or shares (including in connection with any bankruptcy or similar proceedings). In addition, we use and disclose information collected through the Sites as we believe to be necessary or appropriate: (a) as permitted by applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

  1. Use: FPH may use the personal information it collects:

(a) to verify your identity and assist you if you forget your password or login details;

(b) to provide you with information and updates on FPH products;

(c) to provide information to you about FPH products or other websites which FPH considers may be of interest to you;

(d) to assist you with automatically populating your details (for example, for the purposes of registration of a seminar);

(e) for future marketing, promotional and publicity purposes that relate to FPH, including to carry out market research and surveys;

(f) to help ensure that you are shown information that FPH considers may be relevant to you and your interests;

(g) to communicate with you via email;

(h) for business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our products and services, identify Site usage and trends, personalise your experience on the Site;and

(i) for any other use that you authorise.

  1. Collection of passive information: As you navigate around the Sites, certain information can be passively collected by FPH and our third party service providers without you actively providing the information using various technologies.

(a) Cookies: Cookies are pieces of information stored directly on the computer you are using. FPH may use the cookies file which contains information that can identify details of your IP address, PC platform (e.g. Windows, Mac OS, iOS or Android), browser type (e.g. Internet Explorer, Safari, Chrome or other, plus the version of the browser), domain (whether you are accessing the Sites from New Zealand or elsewhere) and other user information (e.g. your username, pages visited, language preferences, location preferences, time spent on the Sites). FPH may use the information generated by cookies: (a) for security purposes, (b) to track traffic patterns to, from and on the Sites or from other platforms on which FPH material is provided such as emails from FPH to you, (c) display information more effectively, (d) enable you to enter and access specific areas of the Sites and use certain services, (e) recognise your computer or device (to assist your use of the Sites); and (f) personalise your experience while using the Sites. We also use cookies to gather statistical information about the usage of Sites in order to continually improve its design and functionality, understand how the Sites are used and to assist us with resolving issues that may arise with the Sites. You can choose to refuse cookies by turning them off in your browser by following your browser instruction(s) to do so and/or deleting them from your hard drive. You do not need to have cookies turned on to use the Sites but you may need them to log on to the Sites and to access personalised or secure content on the Sites. Some pages may not function properly if the cookies are turned off

(b) IP address: IP address is a number that is automatically assigned to the computer you use by your Internet Service Provider. An IP address (including the time of visit and page(s) visited) is automatically identified and logged in our server log files whenever a user visits the Sites.

(c) Device information: FPH may collect information about your device used to visit the Sites, such as a unique device identifier.

  1. Content Providers and Partners: FPH does not control the practices of content providers and partners connected with the Sites and to whom you provide personal information whilst using the Sites. The Sites may contain links to other sites, which may not follow the same privacy policies as FPH. FPH suggests that you check any relevant privacy policies before providing your personal information to any third party.
  2. Opting In and Opting Out: If our intended collection, use or disclosure of your personal information is outside the collection, use or disclosure set out in this Privacy Policy, we will give you the option to: (a) opt out and not receive certain services or participate in certain interactive areas; or (b) opt in to agree to be contacted by us in relation to certain matters such as notification of new features of the Sites, beta testing or promotional activities.
  3. Holding, Correcting and Updating: Any personal information that you provide to FPH will be collected and held by FPH and/or its authorised agents and associates. If you are an individual, you have certain rights under the Privacy Act 1993, including rights of access to and correction of personal information that FPH holds. FPH will correct any personal information that FPH holds about you if you notify us in writing of the correction.
  4. Storage and Security: While FPH endeavours to take all reasonable steps to keep secure any information which FPH holds about you and prevent unauthorised access, you acknowledge that the Internet is inherently insecure and that FPH cannot provide any absolute assurance regarding the security of your personal information. FPH will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information due to the Sites being made available via the Internet.
  5. Cross-Border Transfer: Your personal information may be stored and processed in any country where FPH has facilities or service providers, and by using any of the Sites or by providing consent to FPH (where required by law), you agree to the transfer of information to countries outside of your country of residence, including to the United States, which may provide for different data protection rules than in your country.
  6. Content Updates: We may change this Privacy Policy. Please refer to the “Last Updated” reference at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Sites. Your use of the Sites following these changes means that you accept the revised Privacy Policy.
  7. Further Information: For information about New Zealand’s Privacy Act 1993 and how it protects the personal information of individuals in New Zealand, visit the website of the Privacy Commissioner at www.privacy.org.nz.