This website is the ownership of:
5 rue Adeline
Tel : +33 (0)1 39 92 63 63
RCS Pontoise B 325 241 750
M. Stéphane Regnault
5 rue Adeline
34 rue de la Tuilerie
This website has been declared to the CNIL (Commission Nationale de l’Informatique et des Libertés) under the registration number 1390973.
Vygon, a simplified joint-stock company (société par action simplifiée) with share capital of 20,394 496.00, registered in the Pontoise Trade and Companies Register under number B 325 241 750, whose registered office is located at 8 rue de Paris – 95 440 Ecouen (France), and its Affiliates, constitute a group of companies manufacturing and marketing healthcare products. As part of their activity, Vygon and its Affiliates publish websites, including the site Safe-enteral.com (the “Site”), through which Data concerning the Internet user are or may be collected.
This document (the “Policy”) sets out the terms and conditions for the processing of the Internet user’s Data by Vygon, as well as the Internet user’s rights regarding such Data.
Vygon undertakes to comply with French and European data protection legislation and to ensure that it is observed by its staff, partners and subcontractors.
Vygon can be contacted as follows:
+33 (0)1 39 92 63 63
GDPR – 8 rue de Paris – 95 440 Ecouen
Article 1 – Definitions
In the Policy, terms and expressions beginning with a capital letter will have the following meaning, whether written in the singular or plural:
“Affiliate” means any entity that Vygon or the Customer controls or that would be under the same control, the notion of control deemed to be here within the meaning of Article L233-3 of the French Commercial Code.
“Request” means requests for access, communication, objection, rectification, restriction, portability or erasure that the Internet user or any other data subject may address to Vygon.
“Data” means personal data within the meaning of Article 4 of Regulation No. 2016/679 of 27 April 2016.
“Terminal” means the device (e.g. computer, tablet, smartphone) and the browser used by the Internet user to navigate the Site.
Article 2 – Scope of application
Vygon does not knowingly collect data on minors, the Site being intended for professionals.
Moreover, no functionality of the Site is intended to collect sensitive data, such as health data, concerning the Internet user or any other person. The Internet user undertakes not to transmit such data to Vygon, which is obliged to delete any sensitive data to which it may have access via the Site.
Article 3 – Data collected
The nature of the Data collected on the Site varies depending on the functionality used and the purpose of the processing.
In general, where the provision of the Data is essential, this is indicated by an asterisk next to its label, on the form.
Article 4 – Public relations
The Internet user may send a request for information to Vygon by mail or via the form available at the address https://www.safe-enteral.com/contact/. Vygon processes data concerning the Internet user for the purpose of managing public relations. To this end, the following data are collected:
– Title, last name and first name;
– E-mail or mailing address, depending on the contact method.
These Data will be used to process the Internet user’s request for information and, where appropriate, to send Internet users the newsletters mentioned below.
The Data are kept for three (3) years from the contact of the last exchange at the Internet user’s initiative between the Internet user and the Vygon Communications department.
They shall be processed on the basis of the legitimate interest of Vygon, as set out below.
Article 5 – Vygon’s legitimate interest
Where data processing is carried out on the basis of Vygon’s legitimate interest, the fundamental rights and freedoms of the Internet user shall take precedence. And Vygon prohibits any use of Data that would be likely to affect the privacy of the Internet user.
Vygon believes that it is justified in informing the Internet user who navigates on the Site of the group’s activity, the new features of the Site and, where appropriate, the products and services similar to those which the user has declared they use. In this context, the Internet user is likely to be a healthcare professional and, in any event, they are informed of the upstream data processing.
As part of the processing of data necessary for the management of public relations, it is legitimate for Vygon and its Affiliates to respond to requests originating directly from the Internet user.
Article 6 – Recipients
Recipients of Data which are strictly necessary for their activity may be:
- The after-sales, sales and communications departments of Vygon – and any Affiliate that would be better able to process the Internet user’s request or inform the Internet user;
- Subcontractors which Vygon and its Affiliates may use, including for hosting the Site, sending mail or e-mails and electronic messaging.
The competent public authorities and courts may also receive all or some of these Data. In this context, Vygon and its Affiliates are likely to transmit a copy of all or some of these Data to their legal department and to the court officers they appoint.
The Data shall not be shared, transferred, leased or made available to the trading partners of Vygon and/or its Affiliates for marketing purposes without the express consent of the Internet user. This does not preclude those trading partners from being able to obtain Data concerning the Internet user by other legitimate means, without the intervention of Vygon and/or its Affiliates. If so, neither Vygon nor its Affiliates may be held liable.
Article 7 – Rights of the Internet user
Legislation recognises different rights for the Internet user, the applicability of these rights depending on the legal basis used to implement the processing:
- Right of access and rectification: the Internet user may request access to their Data and, where appropriate, their rectification;
- Right to withdraw consent: when the consent of the Internet user has been obtained, they may withdraw it at any time;
- Right of objection: the Internet user may object to the processing of the Data concerning them, subject to providing a legitimate reason (the legitimate reason is not necessary in the case of objection to the processing for commercial prospecting purposes);
- Right to be forgotten: subject to Vygon’s legal obligations, the Internet user is entitled to the erasure of the Data concerning them at the end of a certain period of time;
- Right to restriction of processing: the Internet user may request that the Data concerning them be subject to specific marking in order to limit their future processing, in different circumstances;
- Right to portability: the Internet user may request to obtain a copy of the Data they have provided to Vygon in an interoperable format;
- The right not to be the subject of automated individual decision-making: the Internet user who is the subject of automated individual decision-making must be able to have knowledge of the logic behind the decision and discuss it with a natural person.
If the Internet user considers that Vygon does not comply with its obligations, they may submit a complaint or request to the competent authority. In France, the competent authority is the CNIL (French Data Protection Authority) to which the Internet user can send a request electronically by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet.
The Internet user may exercise their rights with Vygon by any means. Vygon reserves the right to ask the Internet user for any additional information, including, where appropriate, the production of a proof of identity from the Internet user, in order to ascertain their identity.
Vygon undertakes to respond to the Requests within one (1) month of receipt of a complete request.
Article 8 – Advance directives
The Internet user has the possibility to define directives on the retention, erasure and communication of Data concerning them after their death.
In addition to the general directives, concerning all the Data relating to it and likely to be registered with a digital trusted third party certified by the CNIL, the Internet user may register specific directives concerning the Data processed by Vygon. These directives may be amended or deleted at any time upon request.
The Internet user is also free to designate a person responsible for the implementation of their advance directives.
Requests for specific directives may be sent to Vygon at the following address: GDPR@vygon.com.
The transmission of specific directives shall constitute specific consent to the arrangements for the retention, transmission and enforcement of said directives.
In the absence of any directives or statements to the contrary in these directives, the heirs of the Internet user may exercise, after the Internet user’s death, the rights referred to in the Policy to the extent necessary:
- With regard to the organisation and settlement of the estate of the deceased: In this respect, the heirs may access Data concerning the Internet user in order to identify and obtain information relevant to the liquidation and sharing of the estate. They may also receive communication of digital assets or data akin to family keepsakes, transferable to the heirs;
- With regard to Vygon’s consideration of the Internet user’s death. In this respect, the heirs may have the user accounts of the deceased closed, object to the continuation of the processing of Data concerning the deceased or have them updated.
In the event of disagreement between the heirs over the exercise of the rights of the deceased, the heirs may refer the matter to the competent court.
Article 9 – Data security
Vygon ensures the security of the Data concerning the Internet user. In this regard, Vygon and its subcontractors undertake to implement all reasonable measures, in light of the state of the art, to avoid, in particular, their alteration, destruction or dissemination to unauthorised third parties.
Vygon staff members are bound by a confidentiality clause. Subcontractors shall enter into a data processing agreement with Vygon, after verifying that they have the necessary guarantees for the confidentiality of the Data and compliance with the rights of the Internet user. Data circulating over networks, such as the Internet, are systematically encrypted.
The Internet user acknowledges and accepts that Vygon’s security obligations are limited to the scope of the Site. The Internet user undertakes, subsequently, to take – and ensure that its Staff, where appropriate take and comply with – all necessary measures to ensure the confidentiality and security of the Data, in particular by securing access to the Terminals and login authenticators.
Article 10 – Data transfers outside the European Union
Certain Data may be transferred outside the European Union to provide or carry out the services mentioned in the policy.
Where appropriate, Vygon shall:
- Verify that the Data’s recipient States have been the subject of an appropriate decision within the meaning of Regulation No 2016/679 of 27 April 2016, or
- Ratify with the Data’s recipient the standard contractual clauses drawn up by the European Commission, possibly supplemented by additional measures – logical, organisational and legal – to ensure a level of Data protection and compliance with the rights of Internet users compatible with the requirements of the Regulation.
Article 11 – Cookies
Article 12 – Revision of the Policy
Vygon reserves the right to adapt the Policy in order to comply with changes in legislation and to take into account any changes regarding the Site and its functionalities.
Where appropriate, Vygon undertakes to maintain an equivalent level of confidentiality and Data security and not to infringe the rights of the Internet user.
The Internet user shall be informed of any change in the Policy at least two (2) days before its entry into force, either by information on the Site or – when Vygon has it – by e-mail notification.