This Legal Notice together with the General Terms and Conditions of Use of the website (hereinafter the "Terms and Conditions") and the Privacy and Personal Data Protection Policy relate to the information concerning the all-about-sleep-apnea.com website (hereinafter the "Website") and its terms and conditions of use, which all users (hereinafter the “User” or “Users”) hereby accept without reservation by connecting to the Website and/or by opting in to these Terms and Conditions.
Corporate name of the Website publisher:
AIR LIQUIDE SANTÉ INTERNATIONAL
75, quai d'Orsay, 75007 Paris - France
RCS ID: Paris B 552 134 728.
Share capital: €38,476,752
Telephone: +33 (1) 49 69 46 00
Muriel Doucet, Healthcare Communication & Public Affairs Director - AIR LIQUIDE SANTÉ INTERNATIONAL
Telephone: +33 (1) 49 69 46 00
53 State Street, 10th Floor - Boston, MA 02109 – United States
Please read these General Terms and Conditions of Use carefully before using the Website. The use of this Website is subject to the following General Terms and Conditions of Use (the “Terms and Conditions”). By using this Website, Users unreservedly agree to abide by the Terms and Conditions. These Terms and Conditions together with the Privacy and Personal Data Protection Policy of AIR LIQUIDE SANTÉ INTERNATIONAL as well as any other terms and conditions and policies incorporated by reference into these Terms and Conditions (collectively referred to as the "Other Policies") constitute the entire agreement between the parties concerning the conditions of use of the Website, and replace all previous or other agreements, conventions, negotiations, and discussions, whether verbal or in writing. No waiver of any of the provisions of these Terms and Conditions will operate as a waiver of any other provision hereof (whether or not similar). In addition, no waiver will operate as a permanent waiver, unless expressly provided otherwise.
The information and features included in this Website were compiled from different sources, were created for information and entertainment purposes only, and may be amended at any time without notice. By accessing this Website, Users accept the risk that the information contained on it may be incomplete, inaccurate, or obsolete, or may not meet their needs and requirements.
PURPOSE OF THE WEBSITE
The primary purpose of this Website and the information disseminated on the Website is to inform Users about sleep apnea. This Website is a healthcare information portal aimed at the general public, patients with sleep apnea, care assistants, and healthcare professionals. It informs patients about the disorder before and after a diagnosis of sleep apnea and supports them at every stage of the care pathway.
The information on the Website is intended for individuals residing in France and in the French overseas departments, regions, and overseas collectivities. The information contained on this Website may not be appropriate outside France, as regulations and medical practices may differ.
Users may find various information on the Website, including informative articles, computer graphics, and testimonials.
AIR LIQUIDE SANTÉ INTERNATIONAL endeavors to take the greatest care in the preparation and provision of the information provided on the Website.
The information available on the Website is updated regularly and the date of the most recent update is the date indicated on the home page. However, this information may require updating, which may not have taken place at the time it is viewed for technical or other reasons, or it may have been altered. Except in cases in which updates could not be performed for technical reasons, AIR LIQUIDE SANTÉ INTERNATIONAL makes every effort to update, correct, or modify the Website as appropriate. If necessary, AIR LIQUIDE SANTÉ INTERNATIONAL, as the publisher of this Website, reserves the right to withdraw, amend, correct, and/or improve the information at any time and without notice.
AIR LIQUIDE SANTÉ INTERNATIONAL is not bound by a performance obligation with regard to the accuracy and completeness of the information.
In general, the information provided by AIR LIQUIDE SANTÉ INTERNATIONAL is provided for information purposes only and AIR LIQUIDE SANTÉ INTERNATIONAL may not be rendered liable for it.
Information of a medical nature available on the Website is in no way intended to replace a medical consultation, appointment, or diagnosis.
Consequently, Users hereby acknowledge that they have been fully informed that the information made available is neither complete nor exhaustive. Users also hereby acknowledge that the information contained on the Website:
- does not provide medical advice;
- does not provide a diagnosis;
- does not replace a consultation or the recommendations of a healthcare professional;
- does not constitute a recommendation for the use of any service or product of any kind.
Users also acknowledge that the information does not in any way constitute, whether directly or indirectly, advertising for the services or products marketed by AIR LIQUIDE SANTÉ INTERNATIONAL.
This Website and all its current or future content, including, but not limited to, articles, opinions, other texts, directories, guides, photographs, illustrations, images, video and audio clips, and commercials, as well as registered trademarks, works protected by copyright, logos, domain names, brand names, service marks, patents, and any materials that may be subject to copyright protection (including source code and object code), and/or any other form of intellectual property (collectively, the “Content”) are the property of, or have been licensed to, AIR LIQUIDE SANTÉ INTERNATIONAL and/or other authorized third parties and are protected by copyright, registered trademark, advertising, or other international laws and treaties against any unauthorized use, copying, or distribution. Except as expressly authorized by prior written consent by AIR LIQUIDE SANTÉ INTERNATIONAL, Users are prohibited from capturing, reproducing, transferring, selling, licensing, modifying, creating derivative works, republishing, reverse engineering, uploading, editing, sending, transmitting, publicly displaying, framing, linking, distributing, or exploiting any of the Content in whole or in part. Users must not use any part of the Content of the Website without the prior written consent of AIR LIQUIDE SANTÉ INTERNATIONAL, and its status (and the status of identified contributors) as the authors of the Website Content must always be acknowledged. Nothing in these Terms and Conditions or on the Website may be construed as granting, by implication or otherwise, any license or right to use any Content in any manner whatsoever without the prior written consent of AIR LIQUID HEALTHCARE INTERNATIONAL or of a third party that may hold rights to the Content. Any use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, sending, transmission, distribution, unauthorized duplication, and any other misuse of the Content is strictly prohibited. Any use of the Content other than that authorized by these Terms and Conditions constitutes an infringement of these Terms and Conditions and may constitute an infringement of any copyright, registered trademark, and/or patent. Users agree not to use the Content for illegal purposes in any way not expressly authorized in these Terms and Conditions and not to infringe the rights of AIR LIQUIDE SANTÉ INTERNATIONAL or of third parties. Users agree not to interfere with the normal processes or use of the Website by other members, including, but not limited to, attempting to access the administration areas of the Website. Users agree to report promptly to AIR LIQUIDE SANTÉ INTERNATIONAL any infringement and/or any attempt to violate these Terms and Conditions by other persons. Users are hereby informed that AIR LIQUIDE SANTÉ INTERNATIONAL will actively enforce its rights to the fullest extent of the law. AIR LIQUIDE SANTÉ INTERNATIONAL may add, amend, interrupt, delete, or suspend any Content at any time, without notice or liability.
DISCLAIMERS AND LIMITS OF LIABILITY
Users understand and agree that the Website and all the Content and intellectual property rights it contains are provided on an “as is” and “as available” basis, without warranty of any kind.
The Website is provided for private domestic use only. Users agree not to use the Website for business or professional purposes.
This Website is published for information purposes only. AIR LIQUIDE SANTÉ INTERNATIONAL makes no representation or warranty of any kind concerning the completeness, accuracy, timeliness, or suitability of any information, fact, viewpoint, opinion, statement, or recommendation contained on this Website and/or in the Content. Any reference to a process, publication, or service of a third party using a trade name, domain name, registered trademark, service mark, logo, or other does not constitute in any way an approval or recommendation by AIR LIQUIDE SANTÉ INTERNATIONAL. The viewpoints and opinions of users of the Website do not necessarily state or reflect those of AIR LIQUIDE SANTÉ INTERNATIONAL. Users are responsible for requesting the opinion of healthcare professionals concerning the information, opinions, advice, or content on this Website.
The Website may contain opinions expressed by experts. This information reflects only the opinion of the experts from whom they originate and who remain fully responsible for such information. AIR LIQUIDE SANTÉ INTERNATIONAL shall not modify or influence in any way the content of any independent expert opinion published on the Website and presented as such.
Under no circumstances does the presence of such opinions on the Website mean that AIR LIQUIDE SANTÉ INTERNATIONAL agrees with, approves, validates, or guarantees the accuracy thereof.
If such opinions prove to be inaccurate or incomplete, or infringe User rights or the rights of a third party in any way, AIR LIQUIDE SANTÉ INTERNATIONAL shall bear no liability on any grounds whatsoever, unless such opinions constitute a criminal offense or an act of defamation.
For User convenience, AIR LIQUIDE SANTÉ INTERNATIONAL provides links to other websites, and links to this Website may be provided by other websites, either with or without the knowledge of AIR LIQUIDE SANTÉ INTERNATIONAL.
AIR LIQUIDE SANTÉ INTERNATIONAL is not liable for the content of any site accessible by links from this Website or that link to this Website, and the links do not constitute a sponsorship, approval, or recommendation by AIR LIQUIDE SANTÉ INTERNATIONAL or any relationship with the linked websites, the products or services described on such sites, or their owners, and do not imply that the Company has authorized the linked sites to use any registered trademark, brand name, logo, or other material protected by a registered trademark or a work protected by a copyright held by AIR LIQUIDE SANTÉ INTERNATIONAL.
The User is hereby informed and agrees that AIR LIQUIDE SANTÉ INTERNATIONAL and its parent companies, affiliates, subsidiaries, licensors, partners, and assignees, and each of their respective employees, representatives, and executive officers (collectively the “Released Parties”) are not liable for any damage of any kind, whether in tort (except in cases of proven negligence), contract, civil, or other law, related to and/or resulting in any way from this Website, the Content, or errors or omissions related to the technical functioning or the Content, even if AIR LIQUIDE SANTÉ INTERNATIONAL was informed of the possibility of such damage.
AIR LIQUIDE SANTÉ INTERNATIONAL will strive to take every precaution to protect the privacy and security of personal data and to prevent such data from being deformed, damaged, destroyed, or accessed by unauthorized parties. Technical and security measures that reflect the state of the art, in particular with regard to information systems, have been implemented. AIR LIQUIDE SANTÉ INTERNATIONAL does not, however, control all the risks associated with the functioning of the internet, and the internet may be subject to security violations, in which case AIR LIQUIDE SANTÉ INTERNATIONAL shall not be liable for any losses or damage that the User may suffer if such losses or damage result from events of force majeure, if they are attributable to the unpredictable and insurmountable actions of a third party, or if they are attributable to the User.
The purpose of this Website is not to collect personal healthcare data that is considered sensitive. As a consequence, any electronic transmission of such data as a result of the use of the Website's features shall remain under the User's exclusive control and full responsibility, AIR LIQUIDE SANTÉ INTERNATIONAL shall not be liable for such transmission, and the data will be deleted.
AIR LIQUIDE SANTÉ INTERNATIONAL shall not be liable for any damage caused to the User's computer resulting from a security breach or a virus, bug, alteration, unauthorized repair attempt, fraud, error, omission, interruption, deletion, defect, late performance or transmission, computer connection failure, or any other technical malfunction.
Users are also hereby informed that internet-based communications are not always secure, and that Users must take this into account before sending any information electronically to AIR LIQUIDE SANTÉ INTERNATIONAL.
AIR LIQUIDE SANTÉ INTERNATIONAL makes no representation or warranty as to the relevance, feature, availability, or functioning of this Website. This Website may be unavailable temporarily due to maintenance or a hardware failure.
If the User creates a link to this Website, AIR LIQUIDE SANTÉ INTERNATIONAL asks the User to comply with the following rules. Any link to this Website must not damage or tarnish the reputation of the brands and/or intellectual property rights of AIR LIQUIDE SANTÉ INTERNATIONAL or give the false impression that the User's Website and/or organization is sponsored, supported by, and/or affiliated with AIR LIQUIDE SANTÉ INTERNATIONAL. The User may not place this Website within a framework or alter its intellectual property rights or Content in any other way. The User must not establish a link to the Website from another website whose content is illegal, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains racist, defamatory, inappropriate, or provocative language or that is otherwise deemed inappropriate by AIR LIQUIDE SANTÉ INTERNATIONAL, at its sole discretion. AIR LIQUIDE SANTÉ INTERNATIONAL reserves the right, at its sole discretion, to delete any link with another website, for any reason whatsoever or for no reason at all, including, but not limited to, any website that it deems inappropriate, incompatible, or non-compliant with this Website and/or its Terms and Conditions.
AIR LIQUIDE SANTÉ INTERNATIONAL is not responsible for the content or proper functioning of the internet, including any other websites that may be accessible through links from or to this Website. Users are asked to keep AIR LIQUIDE SANTÉ INTERNATIONAL informed of any error or inappropriate content identified on websites accessible through links from or to this Website.
If any of the provisions in these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the other provisions of these Terms and Conditions, which will remain in full force and effect. The section titles contained in these Terms and Conditions are provided for practical purposes only and have no legal or contractual effect.
We reserve the right to amend or supplement these Terms and Conditions at any time. Any such updates will be posted on the homepage of the Website and Users should read these Terms and Conditions each time that they access the Website. Any such amendments or additions to these Terms and conditions shall apply as soon as they are posted on the Website.
CONTACT AIR LIQUIDE SANTÉ INTERNATIONAL
If Users have any questions, comments, or concerns about the Website or these Terms and Conditions of Use, please contact AIR LIQUIDE SANTÉ INTERNATIONAL at the following address: contact-healthcare-alsi(at)airliquide.com, or through the contact form on the Website.
PRIVACY AND USE OF PERSONAL DATA
WHO PROCESSES USERS’ PERSONAL DATA?
Users’ personal data (also known as personal information) – i.e. the data that identifies a User or based on which a User is identifiable – will be collected, processed, retained, and used by AIR LIQUIDE SANTÉ INTERNATIONAL and will be sent to, and processed by, the subsidiaries and/or affiliates and/or service providers of AIR LIQUIDE SANTÉ INTERNATIONAL.
DATA TRANSFERS OUTSIDE THE EUROPEAN UNION
Users hereby explicitly acknowledge and agree that personal data may be transferred, processed, and retained in countries outside the European Union, which may not have the same data protection framework as the country in which Users may use this Website. The transfer of data is governed by the standard contractual clauses established by the European Commission (Decision 2010/87/EU).
THE INFORMATION THAT AIR LIQUIDE SANTÉ INTERNATIONAL COLLECTS
Users may be required to provide AIR LIQUIDE SANTÉ INTERNATIONAL with their personal data (i.e. first and last name, address, e-mail address, country, etc.) in order to subscribe to its newsletter, among other things, or during the automatic collection of other data. The optional or mandatory nature of the data requested will be indicated at the time the data is collected.
In order to improve the browsing experience for users of this Website, and for the purpose of statistical analysis, AIR LIQUIDE SANTÉ INTERNATIONAL automatically collects certain data when Users visit the Website:
- the User's IP address: an IP address is attributed to his/her computer by his/her internet provider so that the User may access the internet
- the date and time the User visits the Website and the pages viewed by the User
- the User's operating system and the browser used
- the duration of the visit
HOW DOES AIR LIQUIDE SANTÉ INTERNATIONAL USE THE USER’S PERSONAL DATA?
The primary objective when AIR LIQUIDE SANTÉ INTERNATIONAL collects Users’ personal data is to provide them with the services they request and those that AIR LIQUIDE SANTÉ INTERNATIONAL believes will provide them with the best user experience. Users agree that AIR LIQUIDE SANTÉ INTERNATIONAL may use their personal data for the following purposes:
- for the services or support requested by the User;
- to contact the User occasionally if there is a problem with a user or when updating services;
- to send other messages included in the service that AIR LIQUIDE SANTÉ INTERNATIONAL provides on the Website;
- to personalize, measure, and improve the services and content of AIR LIQUIDE SANTÉ INTERNATIONAL;
HOW MAY AIR LIQUIDE SANTÉ INTERNATIONAL DISCLOSE THE USER'S PERSONAL DATA?
AIR LIQUIDE SANTÉ INTERNATIONAL may also share Users’ information with:
- one of its partners, subsidiaries, and/or affiliates, but only if the User has requested their services or has sent them information;
- a third-party service provider implementing services on behalf of AIR LIQUIDE SANTÉ INTERNATIONAL and having agreed to keep such information confidential (e.g. when conducting an online survey);
- judicial or administrative authorities responding to a duly substantiated request linked to a criminal investigation or suspected illegal activity, with the understanding that AIR LIQUIDE SANTÉ INTERNATIONAL will require a court order, subpoena or similar legal process unless AIR LIQUIDE SANTÉ INTERNATIONAL has a good faith belief that the disclosure of information is necessary to prevent imminent bodily harm, financial loss, or to report a suspected illegal activity;
- third-party companies in case of merger or divestiture operations.
AIR LIQUIDE SANTÉ INTERNATIONAL uses Users’ personal information exclusively for the specific purposes described above. This information will never be sold to a third party for business or marketing purposes.
Surveys are another method that AIR LIQUIDE SANTÉ INTERNATIONAL uses to collect information on Users. AIR LIQUIDE SANTÉ INTERNATIONAL occasionally may request information from the User in order to evaluate potential features and services. The decision to respond to a survey lies solely with the User. AIR LIQUIDE SANTÉ INTERNATIONAL uses the information collected through these surveys to improve its services.
HOW DOES AIR LIQUIDE SANTÉ INTERNATIONAL PROTECT THE USER'S PERSONAL INFORMATION ONCE IT HAS BEEN COLLECTED?
AIR LIQUIDE SANTÉ INTERNATIONAL takes the appropriate technical and organizational measures to prevent the unauthorized or illegal processing of Users’ personal data as well as the loss or destruction of, or accidental damage to, their personal data. Although no system is completely secure, AIR LIQUIDE SANTÉ INTERNATIONAL believes that the measures implemented by its Website reduce the probability of security issues at a level that is appropriate for the type of data in question. AIR LIQUIDE SANTÉ INTERNATIONAL has security measures in place to protect its database of users and access to this database is restricted internally.
All the personal information that is submitted to AIR LIQUIDE SANTÉ INTERNATIONAL is stored on a secure server. AIR LIQUIDE SANTÉ INTERNATIONAL also uses third-party service providers to help it improve the flow of its Website and its content. Despite the measures taken by AIR LIQUIDE SANTÉ INTERNATIONAL and those taken by third-party service providers, third parties could nevertheless intercept the private transmissions or data or access the data illegally. AIR LIQUIDE SANTÉ INTERNATIONAL therefore cannot promise Users–and Users must not expect – that their personal information and private communications will always be kept confidential.
WHAT ARE COOKIES, INTERNET TAGS, AND INVISIBLE GIFS, AND WHY DOES AIR LIQUIDE SANTÉ INTERNATIONAL USE THEM?
AIR LIQUIDE SANTÉ INTERNATIONAL collects and shares information that has been made anonymous concerning the use of the Website with one or more monitoring companies for statistical purposes. In this respect, certain pages that Users visit on the Website use electronic images placed on the code of the Website, known as pixel tags (or invisible GIFs or internet tags), which may have many of the same uses as cookies.
AIR LIQUIDE SANTÉ INTERNATIONAL uses the following cookies:
- Functional cookies
- Performance cookies
- Targeting cookies
Functional cookies allow Users to browse the Website and use its essential features, such as secure areas on the Website. These cookies do not collect any information likely to be used for marketing or targeted advertising purposes.
These cookies are used to compile statistics and reports that track the use of the Website (sections and content seen, length of connection to the Website, and number of error messages received). AIR LIQUIDE SANTÉ INTERNATIONAL uses this information to improve the content and usability of its services and to test new features.
SOCIAL MEDIA COOKIES – TARGETING COOKIES
“Targeting cookies” are linked services provided by third parties such as “Like” and “Share” buttons. They are used to provide Users with services or to memorize their social media sharing preferences.
The social network that provides these buttons can use them to identify Users, even if they do not use the button while browsing on the Website. This type of button may be used by the social network in question to understand Users’ browsing habits on the Website, even if Users merely leave their social media account open on their device while visiting the Website.
AIR LIQUIDE SANTÉ INTERNATIONAL has no control over the process used by social networks to collect information about Users’ browsing habits on the Website and in connection with the personal data about Users that is in their possession. AIR LIQUIDE SANTÉ INTERNATIONAL recommends that Users read these social networks’ privacy policies in order to understand how and by whom – in particular, advertisers – the information obtained about their browsing habits through these buttons is used. These privacy policies must enable Users to choose and configure their own settings for each of these social networks.
For more specific information on targeted advertising, or to refuse to allow their browsing information to be used for these purposes, Users should go to www.aboutads.info/choices.
MANAGING COOKIES USED ON THE WEBSITE
Users may configure their browser to ensure that cookies are saved on their device or, on the contrary, are not stored (i.e. they are blocked), in all cases or depending on the sender. Users may also configure their browser software to ensure that their consent to authorize cookies is requested every time, i.e. if Users wish to consent to or refuse the placement of cookies on their device.
- Internet Explorer™
All cookies stored before changing the configuration of the User's settings will remain on the User's computer. Users may delete them by changing their browser settings.
In addition, for performance cookies:
Users may deactivate the performance cookies from Google Analytics by downloading and installing the browser extension.
To deactivate social media cookies:
Users should read the cookies policy for each of the social networks in question in order to make the appropriate choices for each of them by configuring the settings of their choice for each of the different networks.
For more information on cookies:
PHISHING OR FAKE E-MAILS
If Users receive an unsolicited e-mail pretending to be from us or one of our members and requesting personal information (such as their credit card number, login ID, or password), or asking them to verify or confirm personal information by clicking on a link, such e-mail was probably sent by an individual attempting to obtain their information illegally, sometimes known as a “phisher” or “identity thief.” AIR LIQUIDE SANTÉ INTERNATIONAL never requests this type of information by e-mail. Users must not provide the requested information or click on the provided link. If Users click on such a link, the information they have provided to the Website will not be compromised. However, the sender of the e-mail may have access to his/her information if the User has provided them in the link or by replying to the e-mail.
HOW CAN USERS ACCESS, CORRECT, UPDATE, OR DELETE THEIR INFORMATION?
In accordance with the applicable regulations on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the User has a right of access, rectification, and erasure of personal data concerning him/her, the right to object, for reasons relating to his/her particular situation, to the processing of his/her personal data, and the right to define guidelines regarding the fate of personal data post-mortem.
In certain cases, Users may also ask to receive the personal data they have provided to AIR LIQUIDE SANTÉ INTERNATIONAL or, whenever possible, to have AIR LIQUIDE SANTÉ INTERNATIONAL transmit them directly to another data controller.
In some circumstances, Users also have the right to obtain the limitation of the processing of their personal data.
For data processing operations requiring their consent, Users have the right to withdraw such consent at any time. The exercise of this right does not affect the lawfulness of any processing operation based on consent prior to its withdrawal.
For any question or complaint relating to the processing of their personal data and the exercise of their rights, Users may contact the Data Protection Officer appointed by AIR LIQUIDE.
Laurence Thomazeau, Déléguée à la Protection des données
75, quai d’Orsay - 75007 Paris
By using the contact form available at:
HOW LONG WILL AIR LIQUIDE SANTÉ INTERNATIONAL KEEP USERS’ PERSONAL DATA?