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Terms of Use
Terms of Service

Welcome to the Fresenius Medical Care Asia-Pacific Ltd. (“FMEAP”) website located at LifeChangingDialysis.com (the “Site”). Please read these Terms of Use (the “Terms”) and our Privacy Policy (the “Privacy Policy”) carefully because they govern your use of our Site and our product information services accessible via our Site. To make these Terms easier to read, the Site, our services are collectively called the “Services.”

1.   Agreement to Terms

By accessing or using the Services, you agree to be bound by these Terms and by the Privacy Policy. If you do not agree to these Terms and the Privacy Policy, do not use the Services.

2.   Who May Use the Services

You may use the Services only if you are (i) a healthcare professional and (ii) 16 years or
older and capable of forming a binding contract with FMEAP and are not barred from using
the Services under applicable law.

3.   Changes to the Terms or the Services

FMEAP may modify the Terms at any time, in its sole discretion. If FMEAP does so, FMEAP will inform you either by posting the modified Terms on the Services or through other communications. It is important that you review the Terms whenever FMEAP modifies them because if you continue to use the Services after FMEAP has posted modified Terms on the Site, you are indicating that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. FMEAP may change or stop the operation of the Services at any time without giving any reasons.

4.   Content and Content Rights

“Content” means text (including product information), graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
You acknowledge that all Content provided via the Services is for informational purposes only, and FMEAP makes no warranty, and disclaims all liability regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

5.   General Prohibitions and FMEAP’s Enforcement Rights

You agree to not do any of the following:

Use, display, mirror or frame the Services or any individual element within the Services, FMEAP’s name, any FMEAP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FMEAP’s express written consent;

Access, tamper with, or use non-public areas of the Services, FMEAP’s computer systems, or the technical delivery systems of FMEAP’s providers;

Attempt to probe, scan or test the vulnerability of any FMEAP system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FMEAP or any of FMEAP’s providers or any other third party (including another user) to protect the Services or Content;

Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FMEAP or other generally available third-party web browsers;

Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

6.   Termination

FMEAP may terminate your access to and use of the Services, at its sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of your access to the Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, Content provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

7.   Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FMEAP makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

8.   Indemnity

You will indemnify and hold harmless FMEAP and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms and/or the Privacy Policy.

9.   Limitation of Liability

NEITHER FMEAP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FMEAP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL FMEAP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED HONG KONG DOLLARS (HK$100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FMEAP AND YOU.

10.   Dispute Resolution

These Terms and any action related thereto will be governed by the laws of Hong Kong without regard to provisions of conflict of laws. You agree that all disputes related to the Terms or your use of the Services will be resolved exclusively in the courts of law of Hong Kong.

11.   General Terms

These Terms constitute the entire and exclusive understanding and agreement between FMEAP and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FMEAP and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise. Any attempt by you to assign or transfer these Terms, without such consent, will be null. FMEAP may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by FMEAP under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

FMEAP’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FMEAP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Privacy Policy

Fresenius Medical Care Life

ChangingDialysis.com Website

Privacy Policy

Your privacy is important Fresenius Medical Care Asia-Pacific Ltd., 51/F, Sun Hung Kai Centre, 30 Harbour Road, Wanchai, Hong Kong (“We”). The protection of your privacy in the processing of your Personal Data is an important concern to which we pay special attention during our business processes.

This Privacy Policy describes the data that we collect about you on the website or application (“Site”) from which you are accessing this policy how we use and disclose that data; how we protect it; and the choices you may make with respect to it. We encourage you to review our Privacy Policy and click on the available links if you want additional information on a particular topic.

INFORMATION COLLECTION

“Personal Data” is data that identifies you as an individual or relates to an identifiable individual. We collect Personal Data in various ways, including through registrations, applications, surveys, contact forms, in connection with your inquiries, and automatically when you browse our Site.

We may request basic Personal Data when you use a Site. Personal Data that we request includes at the minimum name, email address, company / hospital name and country, areas of interests. You can in addition voluntarily provide your position and telephone number.

We may combine the Personal Data you submit with other information we have collected from you, whether on or offline. We may also combine it with information we receive about you from the following other sources such as publicly accessible databases, social media platforms and other third parties.

You will be informed what Personal Data is required and what Personal Data is optional. When you are asked to provide Personal Data, you may decline. But if you choose not to provide data that is necessary to for us to provide requested services, we may not be able to provide you those services.

If you submit any Personal Data relating to another individual to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

SENSITIVE PERSONAL DATA

Unless we specifically request or invite it, we ask that you do not send us, and you not disclose, any sensitive Personal Data as defined by applicable law (e.g. Social Security numbers, credit card number, passport number, information related to racial or ethnic origin, political opinions, religion or philosophical beliefs, health, sex life or sexual orientation, criminal background, or trade union membership, or biometric or genetic data for the purpose of uniquely identifying an individual) on or through the Site or otherwise to us.

USE BY MINORS

The Site is not directed to individuals under the age of 16, and we request that these individuals do not provide Personal Data through the Site. If your child has submitted Personal Data and you would like to request that such Personal Data be removed, please contact us as explained below under Contacting Us.

PASSIVE INFORMATION COLLECTION AND USE

Passive information collection (that is, collecting information without the visitor actively providing it) usually occurs while a visitor navigates the Site.

Cookies are a standard feature of websites that allow us to store small amounts of data on your computer about your visit to our Site. Cookies help us learn which areas of the Site are useful and which areas need improvement.

A "cookie" is a bit of information that a Web site sends to your Web browser that helps the site remember information about you and your preferences.

“Session” cookies are temporary bits of information that are used to improve navigation, block visitors from providing information where inappropriate (the site “remembers” previous entries of age or country of origin that were outside the specified parameters and blocks subsequent changes), and collect aggregate statistical information on the site. They are erased once you exit your Web browser or otherwise turn off your computer.

"Persistent" cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (such as passwords), helping to determine what areas of the Web site visitors find most valuable, and customizing the Web site based on your preferences on an ongoing basis. Persistent cookies placed by this site on your computer may hold personally identifiable information, but only if you have registered or have otherwise consented to the retention of personally identifiable information you have provided at the site. Otherwise, our site’s server only knows that an unidentified visitor with your cookie has returned to the site.

You can choose to block the use of cookies through your browser. If you do not want to accept cookies, your browser can be set so that you automatically deny cookies storage or inform each time a site requests a cookie to be stored. Through the browser, previously stored cookies can also be deleted. See the browser's help pages for more information. Please refer to http://www.allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers. However, if you choose not to accept cookies, it may limit the features available to you on our websites.

We and our service providers may also automatically collect and use information in the following ways:

Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, and Internet browser type and version. We may collect similar information, such as your device type and identifier, if you access the Site through a mobile device. We use this information to ensure that the Site functions properly.

IP address: Your IP address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the pages visited. We use partially masked IP addresses for purposes such as calculating Site usage levels, diagnosing server problems and administering the site. We may also derive your approximate location from your partially masked IP address (two-byte anonymisation).

Device Information: We may collect information from the device (device type, operating system, screen resolution, language, country you are located in, and web browser type) you used during your visit

Session and persistent cookies can be classified into one of four categories:

Strictly necessary cookies	These cookies are strictly necessary to enable you to move about the site or to provide certain features you have requested.
Functional cookies	These cookies allow the website to remember choices you make (such as your user name, language or region you are in) and provide enhanced, more personalized features.
Performance/Analytics cookies	These cookies collect non-personal information − data in a form that does not permit direct association with any specific individual - and support the measurement of websites. This information helps improve websites by identifying any problems that visitors may encounter during their visit and by learning how they entered the site and which pages they visited.
Third party cookies	These cookies are set by a website other than the one you are currently on. For example, some websites might have social media sharing buttons. When you use one of the share buttons, a cookie may be set by the service you have chosen to share content through. Such cookies can only be disabled through the relevant third party website. Some websites might display advertisements. Such cookies collect information about user’s browsing habits and enable advertisements to be targeted to them based on their interests.

These cookies are strictly necessary to enable you to move about the site or to provide certain features you have requested.

Functional cookies

These cookies allow the website to remember choices you make (such as your user name, language or region you are in) and provide enhanced, more personalized features.

Performance/Analytics cookies

These cookies collect non-personal information − data in a form that does not permit direct association with any specific individual - and support the measurement of websites. This information helps improve websites by identifying any problems that visitors may encounter during their visit and by learning how they entered the site and which pages they visited.

Third party cookies

These cookies are set by a website other than the one you are currently on. For example, some websites might have social media sharing buttons. When you use one of the share buttons, a cookie may be set by the service you have chosen to share content through. Such cookies can only be disabled through the relevant third party website. Some websites might display advertisements. Such cookies collect information about user’s browsing habits and enable advertisements to be targeted to them based on their interests.

Please see below for the table regarding the use of cookies on the site.

Cookie Category	Cookie Name	Cookie Type	Cookie used for	Cookie expires in	Cookie Purpose	How to delete
Strictly necessary	attention-confirmed	first party	first time visit to site	NA	first time visit to site	can be removed from browser
Strictly necessary	SESSc9516d16a292154a1ace0684 3faa38a8	first party	admin page	20 days	admin page	can be removed from browser
Analytics	_ga	third party	google tag manager	1 year	google tag manager	can be removed from browser
Analytics	_gid	third party	google tag manager	1 day	google tag manager	can be removed from browser
Analytics	_stid	third party	google tag manager	2 years	google tag manager	can be removed from browser
Analytics	_gat_gtag_UA_61373684_6	third party	google tag manager	1min	google tag manager	can be removed from browser
Third Party	_sharethis_cookie_test	third party	social media share	NA	social media share	can be removed from browser

Except where allowed by applicable law, we place cookies after having received your consent through the cookie banner. You can change your cookie settings (except for strictly necessary cookies that are required for the proper functioning of the site) at any time.

To the extent any Personal Data is collected through cookies or similar technologies, the other sections of this Privacy Policy apply.

HOW WE USE YOUR PERSONAL DATA

Where required by applicable law, we will obtain your consent to our use of your personal data at the point of information collection. We may also rely on other legal bases. We use and disclose Personal Data you provide to us as described to you at the point of collection to:

Provide Site functionality and fulfill your requests notably:

To respond to your inquiries and fulfill your requests.
To send administrative information to you, such as changes to our terms, conditions and policies, as well as marketing communications that may be of interest to you.
To facilitate social sharing functionality.

Provide personalized services notably:

To better understand you and personalize our interactions with you.
To analyse or predict our users’ preferences in order to identify aggregated trend reports on how our Sites are used.
To analyze or predict your preferences in order to improve our interactions with you, i.e., to deliver you the content, products and offers (via our Site, emails or digital tools) that we believe will be relevant to your professional interests.

Engage with you as an HCP notably:

To verify your eligibility to access certain products, services and data that may be provided only to certain licensed HCPs.
To interact with you based on your professional expertise and opinion by digital or other means.
To involve you in the context of surveys relating to our products or services or those of a Fresenius Medical Care affiliate or business partner
To seek your views on products and services promoted by us or a Fresenius Medical Care Affiliate or business partner for development and improvement purposes.
Allow you to participate in special programs, activities, events, or promotions.

Operate our business and notably:

To conduct data analysis and audits.
To identify usage trends in the use of our Sites and analyze the effectiveness of our communications.
To detect, prevent, investigate fraud and including (cyber) security monitoring and prevention.
To develop, enhance, improve or modify our products and services.
To validate your ability to access or use certain products or services.
To better understand how our products and services impact you and those for whom you care.
To track and respond to concerns, including engaging in regulatory monitoring and reporting obligations related to adverse events, product complaints and patient safety.
To operate and expand our business activities.

HOW WE DISCLOSE YOUR PERSONAL DATA

We also disclose information collected through the Site:

To other Fresenius Medical Care affiliates for the purposes described in this Privacy Policy. A list of Fresenius Medical Care affiliates is available here.
To our third party service providers to provide services such as website hosting and moderating, data analysis, infrastructure provision, IT services, customer service, e-mail and direct mail delivery services, auditing, and other services; and
As permitted by applicable law, 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 stock (including in connection with any bankruptcy or similar proceedings).

In addition, we may use and disclose your information as we believe to be necessary or appropriate:

To protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others;
To comply with applicable law and our regulatory monitoring and reporting obligations (which may include laws outside your country of residence), to respond to requests from public and government authorities (which may include authorities outside your country of residence), to cooperate with law enforcement, or for other legal reasons;
To enforce our terms and conditions.

We may also use and disclose your information in other ways, after obtaining your consent to do so.

In addition, where allowed by applicable law, we may use and disclose information that is not in personally identifiable form for any purpose. If we combine information that is not in personally identifiable form with information that is identifiable (such as combining your name with your geographical location), we will treat the combined information as Personal Data as long as it is combined.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Data for marketing purposes

If you no longer want to receive marketing communications from us, contact by email at mc@fmc-asia.com. In your request, please provide your name and the addresses where you no longer wish to be contacted. We will seek to comply with your request(s) as soon as reasonably practicable. If you opt out of receiving marketing communications from us, we may still send you important transactional and administrative messages, from which you cannot opt out.

How you can access, change, or delete your Personal Data

If you would like to review, correct, update, or restrict, or delete your Personal Data (to the extent these rights are provided to you by applicable law), please contact us via email at mc@fmc-asia.com. We will respond to your request as soon as reasonably practicable. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

CROSS BORDER TRANSFER

Your Personal Data may be stored and processed in any country where we have facilities or service providers, including in Singapore, and by using our Site or by providing consent to us (where required by law), your Personal Data may be transferred to countries outside of your country of residence, including to countries outside the European Economic Area (EEA), which may provide for different data protection rules than in your country.

SECURITY

We will take appropriate measures to protect Personal Data that are consistent with applicable privacy and data security laws and regulations, including requiring service providers to use appropriate measures to protect the confidentiality and security of Personal Data.

RETENTION PERIOD

We will retain your Personal Data for as long as needed or permitted in light of the purpose(s) for which it was obtained and of applicable legal requirements. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the Site to you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

THIRD PARTY SITES AND SERVICES

This Privacy Notice does not address, and we are not responsible for, the data collection, use, disclosure or security practices, or other practices, of any third party, including any third party operating a service to which the Site links and the use of cookies which may in turn be saved on your computer’s hard drive. The inclusion of a link within the Site does not imply our endorsement of the linked service and access to external links is at your own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned. We encourage you to read the Privacy Policy of every Web site you visit

DOWNLOADS & MEDIA FILES

Any downloadable documents, files or media made available on the Site are provided at your own risk. While all precautions have been undertaken to ensure only genuine downloads are available, you are advised to verify their authenticity using third party antivirus software or similar applications.
We accept no responsibility for third party downloads and downloads provided by external third party websites and advise you to verify their authenticity using third party antivirus software or similar applications.

CONTACT US

If you have any questions, comments, requests, or concerns related to this Privacy Policy or the information practices of this site, or if you would like to opt out of future communications, please contact us as follows:

Fresenius Medical Care Asia-Pacific Ltd

Digital Marketing Communications Department

51/F, Sun Hung Kai Centre, 30 Harbour Road, Wanchai, Hong Kong

Telephone: +852 2583 0211

Fax: +852 2583 0200

Mail: mc@fmc-asia.com

You may also contact our data protection officer responsible for your country or region, if applicable, at dataprotection@fmc-asia.com

LODGING A COMPLAINT WITH A REGULATOR / JUDICIAL AUTHORITIES

You may lodge a complaint with a supervisory authority competent for your country :

Privacy Commissioner for Personal Data, Hong Kong, Room 1303, 13/F, Sunlight Tower, 248 Queen's Road East, Wanchai, Hong Kong

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Site. We recommend that you regularly review the Privacy Policy when you visit the Site. This policy was last updated on 10 April 2019.

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