Protezione dei dati
Linde Saúde, Lda.
Rua da Lionesa, 446 ADM, spaces C3 and C5
4465-671 Leça do Balio
Portugal
With the following data privacy notice, we want to inform you about the processing of your personal data by Linde Saúde (hereinafter referred to as "Linde").
It may periodically be necessary to adapt this privacy policy, either in whole or only in specific parts, in order to comply with current legal requirements or to cover the introduction of new services. The most recent version of our data privacy statement can be found at: www.lindehomecare.com/pt/dataprotection
I. General Information on Data Protection at Linde GmbH
1. Data Controller and Data Protection Officer
Linde is the controller responsible for the processing of your personal data within the meaning of data protection law. Linde is a company of Linde GmbH. Linde GmbH is one of the world's leading gas and engineering companies, with around 58,000 employees working in more than 100 countries worldwide.
The Group's EU Data Protection Officer ("EU GDPO") at Linde GmbH is available to answer, by email or by post, any questions you may have relating to data protection. You can contact the EU GDPO at the following address:
Linde GmbH
EU Group Data Protection Officer
Dr.-Carl-von-Linde-Strasse 6-14, 82049 Pullach, Germany
Email: iberia.dpo@linde.com
2. Your data privacy rights
With regard to any processing of personal data by Linde GmbH, all data subjects have the following rights, in accordance with Articles 15 to 21 of the GDPR — within the regulatory limits of the Member States:
- Right to information
- Right to rectification
- Right to erasure of data
- Right to restriction of processing
- Right to data portability
- Right to object
In addition, you have the right to withdraw your consent to the processing of your personal data at any time, with effect for the future. This withdrawal has no effect on the past, meaning it does not affect the lawfulness of the data processing carried out prior to the withdrawal.
If you believe that the processing of personal data carried out by Linde GmbH does not comply with data protection regulations, or if you are not satisfied with the information we have provided, you have the right to lodge a complaint with the competent supervisory authority (see Art. 77 GDPR).
3. Transfers to third countries or international organizations
We are careful not to transfer your data to recipients in countries without an adequate level of data protection (third countries). However, in some cases this cannot be entirely avoided. When this occurs, Linde GmbH has taken and will take appropriate measures to always ensure an adequate and ongoing level of data protection at the recipient.
4. Storage and retention periods
We process your personal data for as long as necessary to fulfill our contractual obligations. As soon as the data in question is no longer needed for this purpose, it is generally deleted.
However, in order to comply with certain legal requirements, we must store some data beyond the end of the contractual relationship. This includes commercial and tax documentation, evidence, and record-keeping obligations. In these cases, we are generally required to safeguard or store data for a period of between three and ten years or, in exceptional cases such as legal disputes, for up to 30 years.
II. Processing of personal data by Linde GmbH for important business purposes
Linde GmbH offers a full range of products and services to customers in industry, retail, trade, science, research, and the public sector. Our customers, suppliers, and partners are as diverse as we are. To carry out our complex international operations, we require the processing of personal data.
1. Type and origin of the personal data processed by Linde
We process personal data only to the extent necessary to fulfill our contractual and legal obligations relating to business relationships with our customers, suppliers, and partners. "Processing" means that we collect, store, delete, or transfer personal data, to give just a few examples.
The personal data we process includes:
- Master and contact data of customers and suppliers, such as name, address, telephone number, email, role, and department of contact persons, etc.
- Data we need for invoicing and payment processing, such as bank details, tax identification number, credit management information, etc., to the extent this concerns the data of a natural person
- Customer and supplier relationship management information, such as order history, etc., to the extent this concerns the data of a natural person
- Special categories of personal data relating to customers in our healthcare sector, such as diagnosis- and therapy-related information required for treatment
We regularly receive the personal data we process within the context of, and in the course of, our business relationship with our customers. In some cases, we also receive personal data from companies affiliated with Linde GmbH, such as supplier contact data within Linde GmbH's supplier relationship management.
In some cases, we also process personal data that we otherwise receive, in accordance with applicable data protection laws. This regularly applies to:
- Publicly accessible sources, for example commercial and business registers, trade fairs, exhibitions, internet sources, newspapers, business directories, etc.
- Third parties not affiliated with Linde GmbH, for example trade/business associations, credit agencies, insurance companies, etc.
2. Purpose of processing by Linde GmbH and legal basis
We process your personal data only for permitted purposes and in accordance with the legal provisions of the GDPR and applicable national data protection laws.
2.1 We process data to fulfill our contractual obligations
We process personal data to fulfill our contractual obligations to our customers and suppliers, or to carry out so-called pre-contractual measures, which apply upon a specific request.
In these cases, the purpose of the data processing is determined by the contract we have entered into with our customers or suppliers and the services provided under that contract. This also includes, for example, the processing of personal data in the context of sending catalogs, information about our services, or preparing specific offers.
2.2 We process data to protect legitimate interests
We also process personal data where necessary to safeguard the legitimate interests of Linde or Linde GmbH companies, as well as those of our customers (and, where applicable, other third parties). In such cases, we process personal data only after taking your relevant interests into account.
This includes, for example:
- The provision of Linde GmbH products and services
- Customer support and complaint handling
- Direct correspondence, provided you have not objected to the processing of your personal data for these purposes
- Surveillance of publicly accessible areas at our branches using optical and electronic equipment (video surveillance)
- Transfer of personal data within Linde GmbH for internal administrative purposes
2.3 We process data with your consent
We also process your personal data if you have given us your consent. You may withdraw your consent at any time. However, please note that data processing carried out up to the date of withdrawal remains lawful.
2.4 We process data to comply with legal obligations
We are required to process certain data in order to comply with legal obligations. These obligations may arise from certain provisions of national commercial, tax, and social law, as well as European legislation, for example regarding regulations for the prevention of terrorist financing. In detail, this may also result in obligations for Linde GmbH to safeguard, store, report, and collect data that generally serve control purposes for the relevant authorities.
2.5 Information regarding a change of purpose
If we process your personal data for any reasons other than those for which it was originally collected, we will inform you of this new purpose to the extent permitted by law.
3. Recipients of your data
Personal data will only be made available to other Linde GmbH companies to the extent necessary to protect our legal and contractual rights and obligations. This may apply, for example, to the coordination of our contractual services. Typical examples are centralized supplier and customer management services, centralized IT services, and internal finance and accounting centers.
We cooperate with external service providers to fulfill certain contractual obligations. This applies, for example, to specific supplier and customer management services, external shared service centers hosting IT, finance, and accounting infrastructure, payment processing (credit card, direct debit, purchase on credit), logistics and delivery, promotional activities, or the processing of online orders. To the extent we involve external service providers, this always occurs within legal limits and in compliance with applicable data protection regulations.
We only transfer personal data to other recipients outside Linde GmbH if we are legally required to do so. In all other cases, we will only transfer your data to third parties if you have given your consent to do so.
In the context of the ongoing development of our business, we may divest subsidiaries or parts of the business, or merge our business or parts thereof with another company. Such transactions typically involve the transfer of customer information belonging to the divested or sold subsidiary or business unit to the buyer or to the company created through the merger. In this case, your personal information will continue to be governed by the provisions of this privacy policy. In the unlikely event of a complete sale of Linde GmbH or substantial parts thereof, your personal information will also be transferred to the buyer.
4. Obligation to provide data
In order to be able to provide our services to our customers, we must process certain personal data, or we are legally obliged to do so. We collect your relevant data when entering into a contract (e.g., address, professional contact details, and job title).
Without this data, we cannot enter into contracts with our customers.
5. Automated decision-making processes and profiling
We do not use automated decision-making processes for procedures with legal implications or similarly significant effects on you. No decisions will be made without additional human review.
Profiling within the meaning of Art. 4(4) GDPR is not carried out at Linde GmbH, with the exception of specific applications in the home care sector to identify patients at high risk of deterioration of their health condition who may potentially require intervention or renewed hospitalization.
III. How we use personal data for the purposes of our websites
Linde GmbH companies operate websites to provide you with information about their companies and respective products and services.
1. Type and origin of personal data processed by Linde GmbH
When you visit one of Linde GmbH's websites, we collect certain personal data about you. The personal data processed in this context includes your name, address, telephone number, or email address.
The personal data processed in connection with the operation of our websites is typically provided by you while using them.
However, in some cases, the personal data processed may also be provided by third parties not related to Linde GmbH, such as internet service providers, marketing affiliates, or software plug-ins. Linde automatically processes the following data (in particular, log information and device data):
- The name of your Internet Service Provider (ISP)
- Your IP address
- Your browser type and operating system (OS)
- Date, duration, and time of your visit
- Websites visited
- Data extracted and files downloaded
- Your country
- Your referring URL
- Your search term, if you were referred to our website by a search engine
2. Purpose of data processing by Linde GmbH and legal basis
In each case, we process personal data only to the extent necessary.
2.1 We process data to fulfill our contractual obligations
We process personal data to fulfill our contractual obligations to our customers, or to carry out so-called pre-contractual measures, which take place upon a specific request. This may apply when you subscribe to certain services, place online orders, or register on our supplier portal.
2.2 We process data to protect legitimate interests
We also process personal data to the extent necessary to safeguard the legitimate interests of Linde or Linde GmbH companies, as well as those of our customers (and, where applicable, third parties). Where this is the case, we process personal data only after taking your relevant interests into consideration.
This includes, for example:
- Measures to analyze pseudonymized user behavior in order to improve our websites
- Measures to provide website functionality, such as user account management and shopping carts
2.3 We process data with your consent
We also process your personal data if you have given us your consent. You may withdraw this consent at any time. However, please note that data processing carried out up to the date of withdrawal remains lawful. This includes, in detail, for example:
- Newsletter subscription
- Promotions
- Contact information
3. Recipients of your data
3.1 Linde GmbH companies and service providers
Linde GmbH shares personal information in the manner described above (see Section II.3).
3.2 Social media providers
On some Linde GmbH websites, additional content and posts (blogs, posts, news, videos, interviews, etc.) are integrated that have already been published on other media/social networks (e.g., Facebook, LinkedIn, Twitter). As long as you do not click on any such content, no personal information will be transmitted to the respective social network provider.
By clicking on content in the social media wall, your IP address will be transferred to the respective social network provider and will be stored, processed, and used there in accordance with their respective privacy policy. The social media wall information banner informs you that, by clicking on specific content, you are agreeing to this transfer of your personal information.
You can find more details about the processing of your personal information by social media providers here:
- Facebook Privacy Policy
- LinkedIn Privacy Policy
- Twitter Privacy Policy
4. Cookies
Linde uses cookies. You can find more information about the nature and purpose of the cookies we use in our cookie policy, available at: www.lindehomecare.com/pt/cookie-policy.
5. Links
Our websites contain links to other websites, which are subject to their respective operators' own, independent data protection notices.
Important Notice
Information Regarding Your Right to Object
1. Objection in certain individual situations
You have the right to object, at any time, to certain types of processing of your data for reasons arising from your particular situation. This right applies to data processing carried out in the public interest and to the protection of independent legitimate interests. This right also applies to profiling to the extent it is based on these two provisions.
In the event of an objection, we will stop processing your personal data. However, this does not apply if we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or if the processing is for the purpose of establishing, exercising, or defending legal claims.
2. Objection to processing for direct marketing purposes
In individual cases, we process your personal data for direct marketing purposes. This happens, for example, if we send you information about special offers or discount promotions.
You have the right to object to the processing of your personal data for these purposes. This right also applies to profiling to the extent it is related to direct marketing.
In the event of any objection, we will stop processing your personal data for these purposes.
Your objection does not require any specific form and can be sent to us by email at: iberia.dpo@linde.com
Munich, May 2018