Children’s Website Privacy Notice
Effective Date: May 15, 2020
Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America (“FMCNA”) is committed to protecting children’s online privacy on our websites and mobile applications. This Children’s Website Privacy Notice explains how and why we collect certain personal information from children on specific sites or applications that we operate for children in the United States, particularly our Take Your Child To Work (From Home) Day website (“Kid Sites”). We occasionally provide Kid Sites in order to educate children about kidney health or to educate the children of our employees and care providers about the work we do for patients.
For further information about children’s online privacy, please read about the Children’s Online Privacy Protection Act (“COPPA”) on the Federal Trade Commission website.
For information about FMCNA’s online privacy practices for our Sites and Mobile Applications that are not directed to children, please review our Website Privacy Notice.
For purposes of this Notice:
- "Kid" or "child" means a user under the age of 13.
- "Parent" means a Kid's parent or legal guardian.
- “Personal Information” means information that may identify an individual person. Personal Information does not include information that has been “deidentified” in such a way that your identity cannot reasonably be determined.
Children do not have to provide more Personal Information than reasonably necessary to use our Kid Sites. We passively collect certain types of Personal Information from all users, including web beacons and other technologies to collect information about the use of our websites or applications, including an IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. Like many websites, we use “cookies” and other tracking technologies such as pixel tags, to enhance the user’s experience and gather information about their visits to our website.
The personal information we collect on our Kid Sites help us personalize and continually improve your or your child’s experience, including:
- Maintain or analyze the functioning of the Kid site or online service;
- Perform network communications;
- Authenticate users of, or personalize the content on, the Kid Site or online service;
- Serve contextual advertising on the Kid Site or online service or cap the frequency of advertising;
- Protect the security or integrity of the user, Kid Site or online service; or
- Ensure legal or regulatory compliance.
We may share Personal Information with our affiliated entities, subsidiaries or other third parties, as follows:
- With your consent if you are an adult or with the parent’s consent if we collect personal information from a child
- To vendors and service providers we engage to provide services on our behalf, such as to website hosting or data analytics providers
- To ensure our legal or regulatory compliance
- To protect the security and integrity of our Kid Sites
We do not sell Personal Information pertaining to children.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings (like Google Chrome or Internet Explorer). Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your website more efficient and some of our services will not function properly.
We may allow service providers to provide analytics services on our behalf (such as Google Analytics and Adobe Analytics). For example, we use analytics partners to help us analyze and track data, determine the popularity of certain content and better understand your online activity. You can learn more about how Google Analytics uses your data by visiting https://www.google.com/policies/privacy/partners/ and for Adobe’s privacy practices visit https://www.adobe.com/privacy.html.
We may link to other websites, apps or other online services that are appropriate for the audience of our Kid Sites. We may not operate those other sites, and the privacy policies found on those sites describe their collection and use of Personal Information.
In particular, the Kidney Kid full website (http://www.thekidneykid.org/en/) and Kidney Kid mobile application are operated by Fresenius Medical Care Asia-Pacific Limited, which is a separate company from FMCNA. If you visit their Kidney Kid website or download their mobile application, you will be subject to their privacy practices and policies, which may differ from this Children’s Website Privacy Notice.
Is Personal Information from this website shared with the FMCNA Family Project?
No, although parents or guardians may choose to submit their child’s first name and last initial, photo, drawing, artwork and/or letter of appreciation to our FMCNA Family Project website. The FMCNA Family Project is intended for our adult employees, physicians and patients to express their family’s appreciation and support during the novel coronavirus (COVID-19) pandemic. Since the FMCNA Family Project is directed to adults, our Website Privacy Notice, not this Children’s Privacy Notice, applies to the collection of personal information on that website.
However, parents may withdraw their consent to posting the child’s name or materials on the FMCNA Family Project website at any time. Please send an e-mail to Employee.Communications@fmc-na.com or contact the FMCNA Privacy Office at Privacy@fmc-na.com or the address specified below.
We take reasonable precautions to help protect the Personal Information that we collect and store from our websites and applications. However, no system or online transmission of data is completely secure and FMCNA cannot guarantee the security of Personal Information transmitted on-line, so it is possible that someone could unlawfully access Personal Information despite our efforts.
We will store Personal Information collected by this Site for as long as we believe is necessary or appropriate (i) to carry out the purpose(s) for which we collected it, or (ii) to comply with applicable laws, contracts, retention schedules or other rules or regulations, unless otherwise requested by a child’s parent.
This Kid Site is intended for users located in the United States, and this Children’s Privacy Notice describes how we use and disclose Personal Information pursuant to United States law. We make no representation that this Kid Site is appropriate or available for use in locations outside of the United States. The privacy laws of the United States and other countries may be different from those in your country, and you understand that by using this website or mobile application, your Personal Information will be processed in the United States or in the countries where our vendors are located.
When we knowingly collect Personal Information from a child, we will ask the child's parent for consent unless the request falls within an exception under applicable law. If you are a parent, you can ask us to:
- Allow you to review your child’s Personal Information collected on a Kid Site, if any
- Revoke any consent you have given for your child
- Delete Personal Information your child has given us on a Kid Site
- Stop collecting Personal Information from your child on a Kid Site
To make these requests, you may contact us at Privacy@fmc-na.com or in writing to:
Fresenius Medical Care North America
920 Winter Street
Waltham, MA 02451
Attn: Privacy Officer
The California Consumer Privacy Act of 2018 provides California residents with the right to receive additional information about how certain personal information is collected, used and disclosed. We adopt this notice to comply with the CCPA and to supplement our other practices described in our Website Privacy Notice.
“We” or “us” refers to Fresenius Medical Care Holdings, Inc. (d/b/a Fresenius Medical Care North America or FMCNA) or one or more of its direct or indirect subsidiaries and affiliates. Any terms defined in the CCPA have the same meaning when used in this notice.
Personal Information We Collect
California law defines “personal information” as information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device.
We collect different categories of personal information from different individuals, depending on their relationship to FMCNA. We may collect this information directly from you or from our websites, mobile applications, service providers or affiliates.
In the preceding 12 months, we have collected the following categories of personal information for our business purposes, including:
- Identifiers (e.g. name, mailing address, email address, phone number, credit/debit card number)
- Personal Information in Customer Records (e.g. your signature, physical characteristics or description, telephone number, or any other financial information.
- Characteristics of protected classifications (e.g. gender, age)
- Commercial information (e.g. products or services purchased, purchase history)
- Internet or other electronic network activity (e.g. browse or search history)
- Geolocation data (e.g. latitude or longitude)
- Audio, electronic, visual, or similar information (e.g. recording of calls)
- Professional or Employment Information (e.g. Information about your professional and employment status)
- Education Information (e.g. transcripts)
- Inferences drawn from any of the above (e.g. preferences or characteristics)
For purposes of California law, the definition of personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated information that does not identify an individual
- Information excluded from CCPA’s scope, such as:
- Health or medical information that is protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), including medical information that we collect from you for treatment or clinical research purposes;
- Personal information that is protected by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
Sharing Personal Information
We may disclose the personal information described above to third parties for business or commercial purposes, such as our affiliates, service providers and others who you or your agents authorize to receive your personal information in connection with products or services we provide to you. The recipient is required to maintain the confidentiality of your personal information unless you consent or further disclosure is authorized by law.
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
This section describes California residents’ rights with respect to personal information protected by the CCPA, as well as how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. We will disclose in response to a verifiable consumer request:
- The categories and sources for personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we disclosed your personal information for a business purpose, we will identify the personal information categories that each category of recipient obtained.
Although we do not sell personal information, if we ever do so in the future, we will provide a list of such sales, identifying the personal information categories that each category of recipient purchased.
Deletion Request Rights
You have the right to request that we delete personal information that we collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request by either:
- Calling us at 1-833-352-0001
- Visiting https://fmcna.com/privacy-policy0/ccpa-form/
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We aim to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
“Shine the Light Law”
California residents who provide personal information when obtaining products or services for personal, family or household use are entitled to request and obtain information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year.
To inquire if FMCNA has engaged in such practices with respect to your personal information, please send an email message to Privacy@fmc-na.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will respond to at that e-mail address and provide the requested information, to the extent it exists. Please note that not all personal information or types of information sharing are covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
FMCNA reserves the right to change this Children’s Privacy Notice at any time. As business needs change, we will review our practices regarding the collection and use of Personal Information and amend this Children’s Privacy Notice as appropriate. The Effective Date is reflected at the top of the page. Your continued use of the website or application after the Effective Date constitutes your acceptance of the amended Children’s Privacy Notice.
We welcome your questions, comments, and concerns about this Privacy Notice, how we collect and use Personal Information, or your privacy choices and rights. Please send us any questions or feedback to:
Fresenius Medical Care North America
920 Winter Street
Waltham, MA 02451
Attn: Privacy Officer
Phone: 1-800-662-1237 ext. 4235