Linde Canada Privacy Statement

Last updated: August 2023

This privacy statement explains the information practices that Linde Canada Inc. and our subsidiaries and affiliated companies in Canada (collectively, "Linde," "we," or "us,") have adopted to maintain the privacy of personal information we collect, use, disclose and store in the course of doing business, and your rights and choices with respect to this personal information. “You” and “Your” means the individual whose personal information is collected by or for Linde.

This statement applies to personal information Linde collects or receives about any individual from any source, including through technological means through Linde’s websites and other online platforms (the “Sites”), when you shop in our stores, and when you otherwise interact with us.

Our privacy practices are subject to applicable privacy laws in the places in which we operate, which means we engage in the practices described in this notice in a particular region only as permitted under the laws of such jurisdictions.

Note that we provide separate privacy statements in connection with certain areas of our business that may supplement or clarify the privacy practices described in this privacy statement and may provide you with additional choices about your personal information. Please refer to the following, separate privacy statements for more information:

Medigas Privacy Statement
Ontario Sleep Labs Privacy Statement
Quebec Sleep Labs Privacy Statement
Applicant Privacy Notice
Employee Privacy Statement
E-Commerce Webshop Privacy Statement

If you do not accept this privacy statement, please do not access, use, or browse this website.

1. Personal Information We May Collect from You

Personal information is information about an identifiable individual, as defined under Canadian federal, provincial and health sector privacy laws applicable to Linde Canada. The types of personal information we collect about you depend on your interactions with us and are described in more detail below.

1.1. Personal Information You Provide Directly To Us

We collect personal information directly from you when you use our services or otherwise interact with us. Depending on how you interact with us and how you use our services, we may collect the following categories of personal information:

Contact Information: such as your name, address, telephone number and e-mail address when you apply for services, order a product, or create an account with us. We may also collect your contact information when you request additional information about products or services, interact with our Customer Service team, sign up to receive marketing messages, enter a contest, subscribe to a newsletter and/or register for any other service.

Account information: such as username and password when you create an account.

Information related to your purchase, use, or rental of products and services such as products and services requested and provided; order details; billing, shipping, and delivery information; and information about your return or exchange of any products or services.

Customer financial/payment information such as credit card and/or banking information to charge you for the products and services we provide and process payments and insurance provider information to confirm details required for reimbursement coverage.

Personal Health Information if you are a patient, such as symptoms, diagnoses, medical conditions, medications, prescriptions, health history, next of kin, physician and other health provider information, and provincial health number for service initiation, care planning and provision, and emergency notification.

Demographic information and personal characteristics such as birth date, age, gender, height, weight, and other pertinent lifestyle information, as necessary for providing services.

Audio and video recordings - If you provide your personal information over the phone, the call might be recorded or monitored for quality improvement and training purposes. We may collect video surveillance footage in certain locations, such as in our retail stores, for the safety and security of individuals. In some cases, this footage may contain images of employees, clients, and visitors that enables them to be identified.

Personal Information of Applicants for Employment - If you are applying for employment with Linde Canada, we collect demographic information, occupational, professional and educational background information, pre-screening information, and other related personal information that is needed for determining your eligibility and suitability for employment, and where applicable, for establishing an employment relationship.

1.2. Personal Information We Collect From Other Sources

To provide services to you, we may collect personal information about you from other sources, with your consent, or where otherwise permitted by law. This includes collection of personal information from:

credit agencies/bureaus, if you are applying for credit;
third party references or other sources with your consent, for eligibility verification/screening, and assessment of
fitness for hire if you are applying for employment;
the referring facility, physician, or other health care provider (we may collect clinical or diagnostic test
results, assessments and outcomes, health history, qualifying data, etc.); and
other third parties you allow to share information with us.

1.3. Information We Collect Automatically

We also collect information about your visit or your device whenever you interact with our websites. For example, we may automatically collect:

location information,
browsing history within the site, domain name, means of entry to the site, address of the site you came from,
the type of browser and operating system used to access the site,
the date, time and duration of each visit, and the number of times you visit,
the pages you visit,
products you purchase, add to cart, or remove from cart;
the search terms that are entered into search tools, and
other information about your use of our websites.

Our websites use cookies and other web technologies. A cookie is a small data file that many websites write to your computer when you visit a website. On applicable websites, we may use cookies to store your shopping basket information when you shop online with us. We may follow up with you by phone, email or otherwise, based on the information stored in cookies and other web technologies, or collected on this site.

We use the information collected when you visit our websites, including information collected using cookies and other web technologies, to customize and localize your experience with Linde. For example, we may use and share this information to provide you with more relevant content or to offer you customized advertisements, promotional offers or other relevant information. This content may appear on our website or on other sites within our advertising network. This information may also be used in the aggregate to measure the use of the site, identify trends and to improve the site's usability and performance. We may share your non-personal information with third parties to help us provide you with more relevant content, analyze site usage, improve our services, or for similar purposes.

Most browsers have options that allow you to choose what cookies can be placed on your computer and to delete or disable cookies, but setting a browser to reject cookies may affect and limit your experience on this site. Refer to the cookie notices on the websites you are using for information on how to manage your cookie choices.

We use Google Analytics to track customer order options and behaviours on our website. However, all data is made anonymous, and we do not send this information to Google.

2. How We Use Your Personal Information

Linde uses your personal information for the purposes for which we collected it unless we have obtained your consent to use it for another purpose or we are permitted by law to use it for another purpose. We use the personal information collected from you for the following purposes:

Providing or delivering a product or service that you have requested, including:

determining your eligibility (for example, verifying your status with credit bureaus if you are seeking financing to purchase a product and determining coverage under health insurance plans),
customer account creation and management,
to take or verify instructions from you and to confirm your identity if you contact us by phone,
completing the transactions you request, facilitating ordering and verifying order status, billing, and processing payments through third-party vendors,
responding to your requests and any other communications from you to provide customer service,
sending you communications related to your account, purchases, exchanges, and returns,
service initiation, care planning and provision, and
determining the appropriateness of care or justification of charges in connection with the provision of healthcare products and services.

Preventing and detecting malicious, deceptive, or illegal activity, including fraudulent transactions, error, negligence, and breach of contract, security incidents, and harm to the rights, property or safety of Linde Canada and our users, customers, employees, or others,

With your consent, to send you marketing communications about products, services, offers, and promotions by Linde Canada and to provide you with news and information that we believe may be of interest to you, in accordance with your marketing preferences. You can ask to be removed from our marketing lists at any time,

For reasonable other purposes that are consistent with the reasons we collected it, including, but not be limited to:

providing information technology support, including troubleshooting to identify, and repair errors that impair existing or intended functionality of our services,
establishing a record of the information you provide over the phone to maintain quality service levels and help with staff training,

Determining your eligibility, for verification/screening, and to assess your fitness for hire, if you are a candidate for employment with Linde, and

For reasonable other purposes as permitted by applicable law or with your consent, intentional direction, or instructions.

3. Disclosing Your Personal Information

Depending on the product or service, we disclose your personal information for the purposes we collected it, for another purpose to which you have consented, or for a purpose which is permitted or required by law.

We may disclose your personal information to:

any person or organization with your valid consent,
people, organizations, government regulatory agencies and investigative bodies who work to prevent, detect, or investigate suspected fraud, breaches of agreement, or contravention of the law where it is necessary to comply with legal or regulatory obligations,
security related or law enforcement authorities in the course of cooperating with them, or protecting and defending our rights or property,
another party if it is necessary for concluding a corporate transaction such as a corporate acquisition or merger where Linde has entered into an agreement with the other party that meets the requirements of applicable law,
collect a debt owed to Linde Canada,
other people or organizations who are legally authorized to view your personal information, or
an acquiring organization, either as part of due diligence or on completion of the transaction, in the event of a sale, amalgamation, re-organization, merger, transfer or financing of parts of some or all of Linde’s business. In such cases, Linde will require the acquiring organization to agree in writing to protect your personal information in accordance with this Privacy Statement.

4. Service Providers and Affiliates

To carry out our legitimate business purposes, Linde communicates your personal information to companies affiliated with Linde and other authorized people, organizations, and service providers carrying out a contract for services for Linde, who need this information to perform their duties and services for us. Some service providers and affiliates reside in provinces or jurisdictions outside the province where the personal information was collected. If you are a Quebec resident, this means your personal information may be communicated or transferred outside Quebec including to our service providers and affiliated companies outside of Quebec.

When we communicate your personal information to our service providers or affiliated companies, we ensure by contractual means or by agreement, that they are required to protect it in ways that are consistent with our privacy policies and practices and all privacy laws and regulations applicable to Linde. We do not sell your personal information.

We use service providers and affiliated companies for various business purposes, including:

Delivering products and equipment;
Information management services such as secure paper shredding service providers and records storage;
Providing support services, including answering services;
Information technology (IT) support and processing;
Supporting the provision of other services;
To conduct research; and
Clinical interpretation of results (physicians providing interpretation).

5. Retention of Your Personal Information

Personal information is retained by Linde for one of the following time periods, whichever is longer:

As long as we are required by law;
As long as we are required by contract, as necessary for the fulfillment of our contract obligations; or
As long as we need to for managing the products and services we provide you.

The types of products and services we offer may require us to keep your information for extended periods of time. Personal information that is no longer required is destroyed, deleted, or made anonymous.

6. Consent

With some exceptions, we require your consent to collect, use and disclose your personal information except where otherwise permitted or required by law. Depending on the circumstances and the type of personal information collected, your consent may be expressed orally, in writing or electronically. Your consent will be implied when, acting reasonably, Linde can conclude that by taking a certain action, you have given your consent. In certain circumstances, we may obtain your consent through your authorized representative, such as your substitute decision maker.

We may collect, use, or disclose personal information about you without your consent for legitimate business purposes, as described in this privacy statement. For example, we do not require additional consent to use your personal information for providing or delivering a product or service you use or apply for. Other exceptions are determined by law and can include legal, medical or security reasons that make receiving your consent impossible or impractical such as fraud prevention and detection, assessing or improving security measures, or when necessary for providing health care and it is not reasonably possible to obtain your consent in a timely manner.

You have a right to withhold or withdraw your consent for us to collect, use or disclose your personal information if there are no legal or contractual requirements that prevent it. If you have given consent to Linde to collect, use and disclose your personal information, you may withdraw your consent at any time by contacting Linde's Chief Privacy Officer. If you choose to withdraw or refuse to give consent, Linde may not be able to provide or continue to provide certain products, services, or information to you.

7. How We Protect Your Personal Information

Linde's information security has been developed to protect your personal information from unauthorized disclosure, access, and use. Physical, organizational, and technological safeguards are in place to protect this information, based on its nature and sensitivity.

While we strive to protect your personal information, we can not ensure the security of the information you transmit. Therefore, we recommend you take every precaution in protecting your personal information when you are on the Internet. For example, use complex passwords and do not reveal your password to anyone.

8. Your Rights and Choices

You have several rights and choices with respect to your personal information held by or for Linde. These rights and choices may vary, based on the privacy legislation that applies to the collection, use, disclosure and retention of your personal information by Linde. We strive to uphold the highest standards under all privacy laws applicable to Linde, as outlined here. You may contact our Chief Privacy Officer for more information.

Rights of access and correction

You may submit a written request to obtain a copy of your personal information we hold about you. We will also inform you, upon written request, of any of the following information:

the existence and nature of any personal information we hold about you, the purposes for which we collected it, how we collected it, or the sources of the personal information;
the names of the individuals or categories of third parties with whom it is necessary for us to communicate your personal information;
the categories of Linde employees who have access to the information; and
the length of time your personal information will be retained.

There may be a fee for such information; you will be notified after your request is evaluated.

Our response to your request will be provided in writing. In some cases, Linde may not provide access to personal information in our possession or control that you have requested, including in the following circumstances, as allowed by law:

if doing so would reasonably be expected to threaten the life or security of another individual;
disclosure would reveal confidential commercial information;
disclosure would reveal personal information about a third party;
the personal information is protected by solicitor/client privilege;
the information was collected during the investigation of a legal matter or for purposes related to the detection and prevention of fraud; or
for another reason, in accordance with legislation applicable to the request.

If we inform you about the existence of or provide you with a copy of your personal information and you believe that it is inaccurate, incomplete or ambiguous you can request that we correct the information. We will correct any inaccurate personal information upon your written request, allowing us to best meet your needs in the future. If you believe that the collection, disclosure or retention of your personal information is not authorized by law, you may ask us to rectify the matter.

We will require that you prove your identity before we process your request for access to, or correction of your personal information. A request will also be considered if it is made by a person acting as the representative, heir or successor of the person concerned, liquidator of the estate, or holder of parental authority. In all cases, this person will have to establish their capacity and identity.

If we are unable to provide you with access to your personal information or if we are unable to correct it, we will advise you in writing of the reason for the refusal unless we are prohibited from doing so by law.

We will respond to your access or correction request within 30 days of the date of receipt.

You may contact Linde’s Chief Privacy Officer at the mailing address or email address provided below to make an access or correction request.

Use of Personal Information for Automated Decision Making

In certain limited instances, the personal information we collect from you may be used to render a decision about you based exclusively on automated decision making. For example, employee screening during the recruitment process.

If we intend to use your information to make a decision about you based solely on automated processing of the information, we will provide you with a notice of the automated decision at the outset of an application process (for example when seeking consent to use your personal information for the application) or when the decision is provided to you (for example when advising you that you are eligible for a new product).

Upon request, you also have the right to be informed about the personal information we have used to render the decision and the reasons and principal factors and parameters for the decision. If we collect personal information from you using automated means, we will provide you with the contact information of a member of Linde's staff to whom you may submit your written observations about the automated processing of your personal information.

9. Complaint Process

Linde's Chief Privacy Officer is accountable for overseeing compliance with Linde's privacy policies.

You may submit a written request to Linde's Chief Privacy Officer on any aspect of our personal information governance and procedures, including:

Questions about Linde’s privacy policies and practices and/or to obtain additional information;
To exercise your rights, as described in this Privacy Statement; or
To voice a concern or make a privacy-related complaint. We have established an internal privacy complaint review process. We will investigate all complaints and we endeavor to respond to all privacy-related complaints and address any concerns as quickly and thoroughly as possible. If a complaint is found to be justified, we will take appropriate measures to correct the situation.

10. Contact Us

Privacy complaints and all other privacy-related inquiries should be directed to the Linde Chief Privacy Officer in writing, at:

Linde Canada Inc.
5015 Spectrum Way, Suite 500
Mississauga, Ontario, L4W 0E4

Attention: Chief Privacy Officer

Or by Email: privacy.officer.canada@linde.com

Or by confidential toll-free telephone, at 1-866-896-6866.

If your privacy concern has not been addressed to your satisfaction, you may file a formal complaint with the Office of the Privacy Commissioner of Canada, who oversees compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), or to any other applicable provincial privacy regulatory body.

11. Updates

We may update this Privacy Statement at any time by posting updated text on this site. We encourage you to review this Privacy Statement from time to time.

Linde's website also contains links to selected external websites. Linde is not responsible for the privacy practices at external sites or their use of any information they may collect from you. We encourage you to review the privacy policies posted on all sites you visit.