GDPR and PECR GUIDANCE FOR MEDIMAX GLOBAL USERS

Please vist "Services & Privacy Statement" section.

MediMax Global UK Ltd.

Unit 15, Old Aylesfield Buildings, Froyle Road, Shalden, Hampshire, GU34 4BY, UK.

Tel: +44 (0) 1420 88688 

 Email: sales@medimaxglobaluk.com

www.medimaxglobaluk.com

Company Incorporated in England & Wales: 6220833

VAT: GB 917 027 240

EORI Number: GB917027240000

Terms & Conditions

Consumer Law
MediMax Global Limited undertakes to meet all of its obligations under the consumer laws currently in force. All Terms and Conditions as detailed here shall be construed and operate in conformity within UK law.

Order Acceptance
Once an order to purchase a product is received, MediMax Global will send you a “Confirmation Email” confirming the receipt of your order and the order details. Your order represents an offer to purchase a product from us. Should the item or items be out of stock or have become unavailable, we will contact you as soon as possible to notify you of the situation. Should some of the items that you have ordered be out of stock or have become unavailable while part of your order is in stock or available, we will contact you as soon as possible to notify you of the situation. We will also refund any monies deducted from your credit card for the items that are out of stock or have become unavailable. Any other products on the same order will be dispatched.


Typographical and Pricing Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been accepted and your debit or credit card charged. If your debit or credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your debit or credit card account in the amount of the charge and MediMax Global’s liability to you will come thereafter come to an end. No contract shall exist between yourself and MediMax Global Ltd until the “Confirmation E-mail” is received notifying you that your order has been accepted or has been dispatched.

Payments
All prices are quoted in Pounds Sterling or Euros and exclude VAT. Payment can be made T/T wire transfer. VAT invoices will be sent with the delivery.

Warranty
The Company takes all precautions to ensure the quality of materials and workmanship against faulty materials and/or workmanship in accordance with all relevant manufacturers and supplier’s guarantees and warranties. This warranty applies only to the first owner/user of the goods and is not transferable. The Company, under no circumstances, accepts responsibility for defects whatsoever arising from the misuse of any goods or arising out of situations outside the control of the Company. This guarantee shall not apply to defects in any goods that have been altered by customers, misused or repaired by non-authorised persons. Subject to the above if, during the warranty period, the customer complains of a defect in the materials or workmanship, the Company shall bear the cost of materials needed and the labour used for the replacement or repair of the equipment. Any repair or replacement of a product in no way extends the duration of the original warranty. The Company shall not be liable for any expenses arising from delay in replacing or repairing the equipment under this warranty or for any other losses or expenses incurred by the customer as a result of the defect. This warranty is on a back to base basis and does not cover carriage either to or from the Company’s premises. All of our products are covered against manufacturing defects for a minimum of 12 months with the exception of batteries and cuffs or other accessories such as consumable items like cables, ultrasound probes, printers, monitors.

VAT & VAT exemption
All prices are quoted without VAT added. If the products are being purchased by a registered charity or used for exclusively for research purposes, then you may be able to claim VAT exemption. MediMax Global will require (before delivery) an emailed copy of your charity details, on headed note paper, stating your charity registration number and signed by a duly appointed responsible person. MediMax Global reserve the right to charge VAT retrospectively if compliance to the above is not accepted by HM Customs & Excise.

Refunds
Refunds will be made for all orders cancelled within 3 days of ordering or for items returned within 7 days of delivery. All goods returned for refund, must be returned un-opened in the original box and in perfect condition to MediMax Global Limited by insured post at the sender’s expense. A re-stocking fee of up to 50% is charged on all returns if they prove to be non-defective. Full refunds will be made if the product ordered is faulty or if the product that is delivered differs from the one that was ordered. If the item was faulty, MediMax Global will refund all postage costs. Claims for damaged goods or mishandling must be made within 7 days of receipt of the product. After this period no replacement will be offered. No opened software will be accepted for refund. Faulty discs will be exchanged. We are not responsible for any consequential loss or expenses, however caused, including incidental returns cost. 

Cancellations
All cancellations must be made in writing, either by email or letter within 24 hours of ordering. If a cancellation is not received within 24 hours of ordering and the product is despatched, the product may be returned unopened and in its original packaging within 7 days for a full refund less re-stocking fee of 50% of the invoice value. Please refer to our refund conditions for more detailed information on our refund policy and the restocking fee.

Security
Your security is important to us. Our website uses an encrypted and secure server, which ensure that your personal information and transactions cannot be tampered with. 


General
All goods remain the property of MediMax Global Limited until they have been paid for in full.  Prices and manufacturers specifications are subject to change without notice. MediMax Global is not liable for the accuracy, availability, completeness or usefulness of any of the information accessible on or via this web site or whether the information is up to date. You are responsible for protecting the security and integrity of your system and data. MediMax Global makes no claim that this web site is free from viruses or other computer or data corrupting or damaging material.

Delivery
Delivery will normally take place within 3 - 10 working days. In the event that an order takes longer than 10 days to dispatch, we will notify you. Delivery will be sent to the address provided by you at the time of ordering. MediMax Global Ltd will not be held responsible for any difficulties that may occur with a delivery as a result of incorrect delivery details being supplied. Items sent via Royal Mail are mailed "second class". This means that your order should normally reach you within 3 to 5 days after dispatch.

All items sent by courier are delivered the next day if in the UK or within 3-5 days if shipped internationally. As our courier company normally delivers orders during office hours, some clients find it easier to provide their work address for delivery. If you are not home when the courier company attempts to deliver your order, they will leave a calling card for you and attempt to re-deliver the item on the next day. If they are still unable to reach you, the courier company will take your order to their nearest depot where you can collect your order at your convenience. If the parcel is not collected within this time, it will be sent back to MediMax Global Ltd. Therefore, redelivery will cost an additional £25. The courier company does not deliver on Saturdays or Sundays.

Items unavailable or out of Stock
If the item is not in stock, a member of our team will contact you to let you know when you can expect delivery.

Confidentiality
MediMax Global will never pass on your email address or details to anyone outside of MediMax Global Ltd. Your email address and details are used solely to assist us in processing your order. Disclaimer Links are made to sites for educational purposes only and should not be relied upon for making medical or other decisions for treatments or otherwise. Any medical or other decisions should be made in consultation with your physicians. The Blood Pressure Association or the British Hypertension Society does not endorse any product and shall not be held liable for any complication, injury or other medical incident arising from the use of information contained in this and linked sites.

Waste Electrical and Electronic Equipment - WEEE Regulation
Waste Electrical and Electronic Equipment - WEEE Regulation 2006 The Waste Electrical and Electronic Equipment Directive (WEEE) came into force in January 2007. The WEEE Directive aims to both reduce the amount of electrical and electronic equipment being produced and to encourage everyone to reuse, recycle and recover it. The WEEE Directive also aims to improve the environmental performance of businesses that manufacture, supply, use, recycle and recover electrical and electronic equipment. MediMax Global is committed to these directives and by constantly reviewing company policies and procedures and working closely with original equipment manufacturers. Thereby ensuring that all waste generated is kept to an absolute minimum and where possible is recycled or disposed of in a responsible manner that complies with all Government guidelines and statutory obligations. MediMax Global also work closely with the public actively encouraging them and helping them in the correct recycling procedures of their old electrical electronic equipment.

Advice to the Public: The public should no longer throw their old electrical electronic products into the normal refuse bins but should separate the items and either take them for recycling to an authorised recycling centre or return them to retailers. Products sold by MediMax Global that are covered by the WEEE directive are clearly marked with a crossed out wheelie bin symbol.

GDPR and PECR GUIDANCE FOR MEDIMAX GLOBAL USERS

A number of our customers, subscribers and registrants have enquired about the General Data Protection Regulations ('GDPR') that are to be introduced on 25 May 2018. This document aims to provide the relevant information required, including links to information provided by the Information Commissioner's Office ('ICO') and the Direct Marketing Association ('DMA').

The Privacy and Electronic Communications Regulations ('PECR') apply to marketing emails and remain in force unchanged on 25 May 2018 as they have been since 2003 (and last amended in 2016).

Brief Summary

GDPR is concerned with the storage and processing of personal data including names and email addresses. PECR is concerned with email marketing. An email cannot be sent without storing and processing the personal data concerned and GDPR applies to this aspect of sending emails. GDPR allows storage and processing of personal data under six lawful grounds. For many businesses, the most applicable of the possible grounds is "Legitimate Interests".

The Guidance from the ICO on Legitimate Interests can be found here:
ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/what-is-the-legitimate-interests-basis/

Further useful information can be found at:
ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/when-can-we-rely-on-legitimate-interests/

The above article, under the heading "Can we use legitimate interests for our marketing activities?" states that Recital 47 of the GDPR says: "...The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest."

The information at the following link describes the process of completing a Legitimate Interests Assessment ('LIA'):
ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/how-do-we-apply-legitimate-interests-in-practice/

Other Useful Information

The DMA website includes the following useful links:

GDPR Guidance for Marketers at:
dma.org.uk/article/dma-gdpr-guidance-for-marketers?utm_source=Adestra&utm_medium=email&utm_term=&utm_content=Learn%20more&utm_campaign=%20Responsible%20round%20up%204%2F04%2F18

GDPR for Marketers: The essentials at:
dma.org.uk/uploads/misc/5aabd9a90feff-gdpr-essentials-for-marketers----an-introduction-to-the-gdpr_5aabd9a90fe17.pdf

Direct Marketing

With regard to direct marketing, the above article states on page 18 that:
"During a parliamentary debate, the DMA advocated that a business' legitimate interests were recognised alongside the customer's right to privacy. Communicating to prospects and customers is the essential lifeblood of commercial success so direct marketing is recognised specifically in the text as a legitimate interest in Recital 47.
"Marketers have always been able to rely on the legitimate interests condition as an alternative to consent under Data Protection Act 1998 ('DP 98'), in cases where the Privacy and Electronic Communications Regulations (PECR) - which preceded DP 98 - wasn't applicable. However, this legal basis was not stated as explicitly in DP 98 as it is in the GDPR.

"Legitimate interests is one of six legal grounds in the new law that allows the processing of personal data. All of these legal bases are equally valid. The specific information needed for valid consent are rigorous, which can make it problematic to use for direct marketing activities. The DMA expects legitimate interests to be a widely used lawful basis for processing, particularly given the high level of flexibility given to organisations in explaining and documenting their rationale for processing activity.

"The GDPR says: 'The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest' (see Recital 47 of the GDPR text for further information).

"In addition, the GDPR says that processing is lawful if it is: 'Necessary for the purposes of the legitimate interests pursued by the controller or by a third-party, except where such interests are overridden by the interests or fundamental rights and freedoms of the individual which require protection of personal information, in particular where the individual is a child' (see Article 6.1(f) of the GDPR text for further information)' ".

Fines

With regards to fines, on page 17 of the above article, it states that:

"The Information Commissioner has told us [the DMA] that the GDPR is not about seeking to issue as many fines as possible. For them, GDPR and its implementation is about putting the consumer and citizen first. Focusing on big fines makes for great headlines, but thinking that GDPR is about crippling financial punishment misses the point. The ICO policy has always been one of proportionality: it would much rather educate an organisation and see it correct bad practice before even talking about fines. Even with its current enforcement powers, the ICO has never issued the maximum fine of £500,000.

The size of the organisation, the impact of the breach and whether or not sufficient policies and procedures are in place to justify action (accountability) will all be taken into account".

Privacy Notices

Information you must display in your privacy notice includes:

• Name of organisation
• DPO contact details, where applicable
• Whether the data will be used for direct marketing
• Categories of personal data
• Purposes of the processing
• Categories of recipients of the data (who will get to see it)
• What legal ground the organisation is relying on
• Third parties the data will be shared with (this might be specifically named third parties or sectors - the ICO will publish formal guidance
  
• Countries outside the EU where personal data might be stored or processed
• How long the personal data will be kept
• Inform people of their rights and how they would exercise them
• A reminder that people can withdraw consent
• Inform people that they can complain to the ICO
• Information about automated decision-making, including profiling

This information must be displayed at a minimum in "clear and plain language" and must be relevant to the audience (see Aricle 12 of the GDPR text for further information).

By using this website you accept the terms of this Privacy Statement.

COMMITMENT TO PRIVACY

We respect your privacy and are committed to protecting the personal information you provide to us.

When you provide us with your personal data, you consent to us processing all such personal data as set out in the Privacy Statement. Please read this Privacy Statement carefully and revisit this page from time to time to review any changes that we may have made. If you have any questions, comments or concerns about about how we handle your personal information, please contact us.

Even though we take appropriate technical steps to protect your security, you should remember that data transmission over the internet cannot always be guaranteed as 100% secure so you use the website at your own risk.

PERSONAL DATA

We keep personal data upon contacting us in order to provide you with a quotation or product information. This data will be held securely on our systems so we can contact you back in the future.

We will release personal information where it is required or permitted to do so by law or by the regulations and other rules to which it is subject. We may in particular exchange information with other companies and organisations for fraud protection and credit risk reduction.

Other than in the above situations we will not share personal information with third parties without your consent.

You have the right to ask for a copy of your data held by us in return for which you may be charged a small administration fee. You also have the right to require us to correct any inaccuracies in your data, or remove your details altogether.

LINKS

Our website contains links to other websites. We are not responsible for the privacy policies of other sites and we advise you to read the privacy statement of every website that collects personal information from you.