Legal Notice

– 8/09/2022 –

Legal name
AIR LIQUIDE MEDICAL SYSTEMS SA.

Registered office:
6 Rue Georges Besse, 92160 Antony - France

The website:
“https://medicaldevice.airliquide.com/” (hereinafter the “Website”) is published by the Company Air Liquide Medical Systems

SIRET:
348 921 735

Telephone:
+33 (0)1 40 96 66 00

E-mail:
almedicalsystems.accueil@airliquide.com

Editor of the Website
Mr Catherine HARANT, Marketing Director

Hosting
Acquia Inc.
53 State Street, 10th Floor Boston, MA 02109 United States

Telephone:
+1 888 922 7842

E-mail:
sales@acquia.com

Terms of service

Article 1. Website features

The features of the Website are as follows:

Access to information on Air Liquide Medical Systems and the equipment or hardware it manufactures or distributes;
Contact with Air Liquide Medical Systems using the contact form;

Air Liquide Medical Systems reserves the right to temporarily or permanently modify or discontinue the said features at any time, in particular during maintenance work on the Website.

Article 2. Subject

The purpose of these Terms of Use (hereinafter “TOU”) is to set out the features of the Website and the conditions in accordance with which the visitor is authorised to use the Website.

These TOU are available on the Website at any time.

Article 3. Acceptance

By agreeing to access the Website, the visitor represents and warrants that they:

Have read these TOU and agree to comply herewith;
Have been informed of the rights they hold over the Data pertaining to them.

Article 4. Duration

The TOU shall apply and enter into force when the visitor accesses the Website, until they leave the Website.

Article 5. Technical prerequisites and Access systems

The visitor shall be personally responsible for the implementation of IT and telecommunications systems for access to the Website and the acquisition of the knowledge necessary to use the Internet and the Website.

Fees for connection and equipment related to Internet access and use of the Website shall be the sole responsibility of the visitor.

Use of the Website implies knowledge and acceptance of the features and limits of the technology used on the Internet and related technology, in particular with regard to technical performance, response times for consultation, queries or transfer of information, risk of interruption, and more generally, the risk involved in any connection and transmission, the lack of protection of certain data against possible diversions and the risk of infection by any viruses on the network.

Article 6. Visitor conduct

By accessing the website, the visitor undertakes and warrants to comply fully with the TOU.

In addition, visitors undertake not to:

Interfere with or disrupt the operations of the Website or the servers or networks connected to the Website, or disobey any requirements, procedures, rules or regulations of the networks connected to the Website;
Attempt to harm any other visitor or network, including but not limited to exposing the Website to a virus, overloading, flooding the server, overfilling messaging services and falsifying any TCP/IP information packet headers or any part of the header information included with any e-mail;
Access or attempt to access any information or Data not intended for them, in particular by forcing systems or by any other means, or accessing a server / account to which the visitor does not have authorised access;
Attempt to probe, scan or test the vulnerability of the Website, a network or any other system, or breach any security or authentication measures;
Impersonate others, in particular other visitors;
Take or encourage a third party to take illegal actions or any other action infringing the rights of Air Liquide Medical Systems, its subsidiaries, partners, visitors or any other natural or legal person;
Transmit or transfer (by any means) information or data taken from the Website, in particular to other countries or to certain foreign nationals in violation of national or international law or regulations;
Use any means to bypass the identification techniques used by Air Liquide Medical Systems required to connect to the Website and in particular to the payments module.

By acknowledging the global nature of the Internet, all visitors undertake to comply with all local and international regulations regarding conduct online and acceptable content, in particular all laws in force regarding the transmission of data.

Any program, document or material downloaded or obtained by the visitor by using the Website is at the risk of the visitor. The visitor is solely responsible for any loss or damage, including in particular damage to their computer system or loss of data resulting directly or indirectly therefrom.

Article 7. Intellectual property

The Website contains data and elements protected in particular by intellectual property rights such as trademarks, copyright, etc.

Therefore, unless otherwise stated, the intellectual property rights to each of the components of the Website (images, animated or otherwise, illustrations, photographs, sounds, knowledge, text, graphics, etc.), including software, databases (hereinafter the “Content”) and the Website are the exclusive property of Air Liquide Medical Systems or one of its partners who have granted usage rights to Air Liquide Medical Systems. Air Liquide Medical Systems does not grant any licence or sub-licence to all or part of the Content, nor any right other than to use the Website in accordance with these TOU.

Any reproduction or use of copies of the Website or its Content made for purposes other than those set out in “Website features” in any way and in any form is expressly prohibited.

It shall also be prohibited to:

Copy, modify, create a derivative work, assemble, decompile (except as provided for by law), sell, assign, sub-license or transfer in any way any right pertaining to the Website or the Content;
Modify all or part of the Website or Content, in particular to obtain unauthorised access to the Website by any means other than the hyperlink to the Website.

Consequently, any total and/or partial reproduction and/or representation of the Website and/or its Content without the prior written consent of Air Liquide Medical Systems is prohibited and constitutes an infringement punishable in particular pursuant to the French Intellectual Property Code.

In addition, any extraction, by permanent or temporary transfer to other media by any means, or re-use by providing public access to all or a substantial qualitative or quantitative part of all or part of the Website or its Content is prohibited, including for private purposes.

Any repeated and systematic extraction or re-use of non-substantial qualitative or quantitative parts of all or part of the Website or its Content is prohibited, including for private purposes, where these operations exceed normal use of the Website.

Similarly, any unauthorised reproduction of literary or photographic works or more generally any work likely to be protected by intellectual property rights accessible via the Website is prohibited pursuant to Article L. 122-4 of the French Intellectual Property Code, unless said reproduction is exclusively intended for strictly private use. Any violation of this prohibition shall give rise to civil and/or criminal penalties pursuant to Article L. 335-2 of the French Intellectual Property Code.

All other brands, logos, product names, any company name and any other distinguishing sign appearing on the Website are the property of Air Liquide Medical Systems, its subsidiaries or one of its providers, partners or suppliers.

Any use in any way for any purpose of all or part of one or more of these brands, logos, product names, any company name and any other distinguishing sign appearing on the Website is subject to the express authorisation of the owner of the protected sign.

Article 8. Links policy

Links to third-party sites

The Website includes links providing direct access to third-party websites. Air Liquide Medical Systems assumes no liability for the content and use by the visitor or by third parties of the information available on other websites to which it has created links or which may have been created without its knowledge, whether or not these sites are partners of Air Liquide Medical Systems. Air Liquide Medical Systems exercises no editorial control over the said information.

Links provided on the Website in no way imply the concession of any licence to any rights held by Air Liquide Medical Systems over trademarks, trade names, logos and other elements of the Website. Finally, Air Liquide Medical Systems declines all liability for any technical failures in relation to the said links. Access to all third-party sites via the Website is made under the sole and full responsibility of the visitor, who is invited to review the rules applicable to the use of the said third-party sites and to the disclosure of information they may provide to the said linked sites.

Links to the Website

Links may be created to the homepage of the Website, subject to compliance with the following rules. Links to the homepage of the Website shall not damage or besmirch the reputation of the brands and/or intellectual property rights of Air Liquide Medical Systems, nor give the false impression that the Website and/or organisation is sponsored, supported and/or affiliated to Air Liquide Medical Systems. Insertion of the Website into a frame or alteration of the intellectual property rights or content thereof in any way is prohibited. Links to the homepage of the Website shall not be placed on a site with illegal, abusive, indecent content, which condones violence or illegal acts, or which contains racist, defamatory, improper, provocative comments or any remarks deemed inappropriate by Air Liquide Medical Systems at its sole discretion. Air Liquide Medical Systems reserves the right, at its sole discretion, to delete any link to another website, for any reason or with no rationale given, including but not limited to any website Air Liquide Medical Systems deems inappropriate, incompatible or non-compliant with this Website and/or these TOU.

Air Liquide Medical Systems is not responsible for the content or correct functioning of the Internet, including other websites that can be accessed from the Website or direct thereto. Visitors are requested to inform Air Liquide Medical Systems of any error or inappropriate content found on websites that can be accessed from the Website or direct thereto.

Article 9. Liability

Air Liquide Medical Systems shall not be held liable for any damage resulting directly or indirectly from (i) viruses, bugs or any program or application incompatible with the visitor's infrastructure; (ii) a malfunction of the Website, in particular a failure, error, loss of data or inability to access the Website; (iii) any system used by the visitor to access the Website, in particular hardware, software and telecommunications networks.

The information available on the Website shall be accessed from a Terminal and communications network at the expense of and under the responsibility of the visitor. Air Liquide Medical Systems therefore takes no responsibility for the transfer of information or availability or access to the Website.

Article 10. Survival

The provisions of the TOU which, due to their nature or drafting, continue to apply after the termination of use of the Website for any reason, in particular the provisions of “Technical prerequisites and Access systems”, “Website features”, “Visitor conduct”, “Intellectual property”, “Liability” and “Survival”, shall remain in force after the said use.

Article 11. Notifications

Air Liquide Medical Systems shall send notifications to the visitor in the following situations:

Notification if a visitor unsubscribes from one of the features of the Website, such as the newsletter;
Notification as part of a satisfaction survey or any marketing operations;

Air Liquide Medical Systems notifications shall be sent by e-mail to the address indicated by the visitor when subscribing to the newsletter.

Article 12. Invalidity – Completeness – Headings

Should one or more of the provisions of the TOU prove to be null and void or are declared as such pursuant to a law, regulation or as the result of a final ruling by a competent court, the remaining provisions hereof shall remain binding.

In the event of difficulties in interpretation between any clause headings and the clause itself, the heading shall be discarded and the content of the clause in question shall prevail.

Article 13. Updating of the TOU

Air Liquide Medical Systems reserves the right to modify, complete or update these TOU, including the documents referenced herein, without notice.

Updates to the TOU shall be announced by the posting of an information message on the homepage of the Website, inviting the visitor to view the update.

Article 14. Governing law – Competent jurisdiction

The TOU shall be governed by French law. The said law shall apply in both form and substance.

IN THE EVENT OF A DISPUTE REGARDING THE VALIDITY, EXECUTION OR INTERPRETATION OF THE TOU, EXPRESS JURISDICTION IS GRANTED TO THE COURTS OF PARIS NOTWITHSTANDING MULTIPLE DEFENDANTS OR A THIRD-PARTY CLAIM, EVEN FOR EMERGENCY OR PROTECTIVE MEASURES IN A SUMMARY PROCEDURE OR PETITION.

Respect for privacy and use of personnal data

The privacy and the security of your information are important to us. AIR LIQUIDE MEDICAL SYSTEMS's policy is to respect and protect the privacy of the users of this web site. We will not voluntarily disclose individually identifiable information about our customers or other users of our website to any third party without first receiving that user's permission.

When you use the website www.medicaldevice.airliquide.com, the controller of your data is the company L’AIR LIQUIDE MEDICAL SYSTEMS S.A., having its registered office at 6 Rue Georges Besse, 92160 Antony - France.

Ethics and use of collected data

AIR LIQUIDE MEDICAL SYSTEMS only asks for certain types of personal information when using the website. In a few areas on our website, including order fulfillment and online customer support tools, we ask you to provide information that will enable us to enhance your site visit, assist you with technical support issues, or follow up with you after your visit. Unless the requested information is necessary for request fulfillment, you will be informed and it will be totally optional for you to provide it or not. We may ask for your name, email address, phone number, street address, type of business, customer preference information, customer number, as well as other similar personal information that is needed for registration or subscription to our services or offers.

Accordingly, AIR LIQUIDE MEDICAL SYSTEMS uses the personal data you have provided to this website for the following purposes, durations and legal grounds:

Purpose	Legal ground/basis	Retention durations
To provide online customer assistance tools and follow-up in connection with such technical assistance	The legitimate interest of AIR LIQUIDE MEDICAL SYSTEMS to offer you online assistance tools to facilitate the management and monitoring of your contract (s) and to develop and improve our services	Duration of the contract plus a maximum of five (5) years and beyond to allow AIR LIQUIDE MEDICAL SYSTEMS to fulfill its legal obligations
To process your queries related to the protection of your personal data	AIR LIQUIDE MEDICAL SYSTEMS need to comply to a legal obligation	Processing time of your request plus a maximum of five (5) years and beyond to allow AIR LIQUIDE MEDICAL SYSTEMS to fulfill its legal obligations

AIR LIQUIDE MEDICAL SYSTEMS also processes the personal data you provide in the course of your dealings and communications with us, such as your email exchanges. These treatments are based on the legitimate interest of AIR LIQUIDE MEDICAL SYSTEMS to ensure the relationship with you by dealing with your requests, questions etc. and to improve the quality of the service provided, and aim to make these tools available, to ensure and control their appropriate use as well as the security of the computer system and the confidentiality of the information.

Passive personal data collection

Some of the personal data stored on our server is provided by you voluntarily when you complete forms online, while other data are collected automatically.

In order to improve user browsing experience on our sites and for statistical analysis purposes, AIR LIQUIDE MEDICAL SYSTEMS automatically collects certain data when you visit our sites:

Your IP address: an IP address is assigned to your computer by your Internet Service Provider so that you can access the web
The date and time you visit to the site and the pages you view
Your computer’s operating system and the internet browsing software used
Your login, if you browse restricted areas of the site
Your browsing history within Group websites and the duration of your connection.

Depending on the case, we process such data with your consent when the law requires it (for example, in the case where the deposit of some cookies on your terminal requires the collection of your consent) or on the basis of our legitimate interest in proposing a website and improve its performance.

We recommend that you also read our page about cookies.

Recipients of personal data

In the strict limit of data processing carried out for the purposes described above, we are led to communicate some of your data to:

Authorized personnel of AIR LIQUIDE MEDICAL SYTEMS companies in the exercise of their usual duties
Our service providers and subcontractors

Transfer of personal data outside the European Economic Area

Besides, the use of the web conference service as well as the availability of communication tools and platforms involves the transfer of personal data (names, surnames and email address) for the purpose of identification, and exchanged data (message, attachments) for the purpose of hosting and administration to non-member states of the European Economic Area, including the United States, whose legislation on the protection of personal data is different from the legislation of the European Economic Area.

When we transfer your data to the United States, we will treat your personal data in accordance with the provisions of the Standard Contractual Clauses that were set out by the European Commission (decision 2010/87/EU) and that are signed with our providers.

Moreover, because of the international dimension of the group and its organisation, AIR LIQUIDE MEDICAL SYSTEMS transfers your personal data within its entities located in countries not members of the European Economic Area. These transfers are covered by "Binding Corporate Rules" approved by the competent authorities for the protection of personal data.

Confidentiality of the data collected

AIR LIQUIDE MEDICAL SYSTEMS uses your personal information exclusively for the specific purposes described above. The information that you provide to us will remain confidential and will be used only in connection with your relationship to AIR LIQUIDE MEDICAL SYSTEMS and/or one of its affiliated companies as a customer; this information will never be released or sold to any third party for commercial or prospecting purposes.

Your rights with respect to your personal data

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 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, you have a right of access, rectification and erasure of the personal data which concern you, the right to oppose, for reasons relating to your particular situation, to the treatment of your personal data, as well as the right to set guidelines regarding the fate of your personal data post-mortem.

In addition, in some cases you may request to receive the personal data you have provided to us or, where possible, to send it directly to another controller.

In certain circumstances, you also have the right to obtain the limitation of the processing of your personal data.

For data processing requiring consent from you, you have the right to withdraw your consent at any time. The exercise of this right does not affect the lawfulness of consent-based treatment prior to withdrawal.

Governing law – Competent jurisdiction

The Privacy Policies shall be governed by French law. The said law shall apply in both form and substance.

For any request or complaint relating to the processing of your personal data and the exercise of your rights, you can contact the Data Protection Officer designated by AIR LIQUIDE MEDICAL SYSTEMS.

By regular post:
Laurence Thomazeau, Data Protection Officer
75, quai d’Orsay - 75007 Paris

Or using the contact form available here:
https://www.airliquide.com/group/contact-us-gdpr

You also have the right to file a claim with the competent authority for the protection of personal data.

Modifications

AIR LIQUIDE MEDICAL SYSTEMS reserves the right to modify or complete this Privacy Statement at any time. All such updates will be flagged on the homepage of the website and you are advised to read this Privacy Statement every time you access the AIR LIQUIDE MEDICAL SYSTEMS website. All such modifications or additions to this Privacy Statement are applicable as soon as they are posted on the website.