Privacy policy for Born Denmark ApS – Customers

Handling of information

At Born Donor Bank, we collect and handle a variety of personal data about you, our customer.

Your privacy and the protection of your personal information have our highest priority
In this privacy policy you can read in which way Born Donor Banks processes, uses and shares your personal information.

Controller and contact details
Born Denmark ApS
CVR-no. 38339087
Rosensgade 11
8000 Aarhus C
Phone: +45 20556595
Email: salg@borndonorbank.dk

Data Protection Officer
At Born we have chosen to hire an independent Data Protection Officer. If you have any questions concerning how Born processes your personal data, you are always welcome to contact our Data Protection Officer at dpo@borndonorbank.dk

Types of information
Born Donor Bank collects and processes the following types of personal information about you:

Common categories of personal data
Master data, i.e. name, address, e-mail address, telephone number, information about purchased donor sperm (type and donor choice), account number, photo ID, the result of the treatment with the donor sperm.

Special categories of personal data (“sensitive personal information”)
Health information: For customers who purchase donor sperm (information about pregnancy, miscarriage and, in rare cases, information about disease in connection with the diagnosis of disease). For customers who store their own sperm in a Personal Storage Account (in connection with testing/screening).

Genetic data: For customers who store their own sperm in a Personal Storage Account.

In connection with the diagnosis of disease, health information and genetic data regarding donor-conceived children may be obtained.

Purpose
We process your personal data for the following purposes:

• The main purpose of the processing of personal information is to comply with the standards laid down for quality and safety in the collection, testing, processing, preservation, storage and distribution of sperm and to comply with the standards for assisted reproduction with donor sperm. The rules are laid down in the EU directive on tissues and cells and implemented in Danish legislation in the Danish Tissue Act, the Ministerial Order on tissue use, the Law on assisted reproduction in connection with treatment, diagnosis and research etc., and the Ministerial Order on assisted reproduction; for example
  • Identification of serious adverse incidents and side effects
  • Compliance with the rules on the number of children per sperm donor
  • Ensuring traceability from donor to recipient and vice versa
• To comply with our obligations with respect to the applicable laws, including the Danish Tissue Act, the EU Data Protection Act, the Data Protection Act and other relevant health legislation; for example
  • Duty to document.
  • Adherence to the basic principles for the processing of personal data and adherence to the legal basis for the processing.
  • Implementation and maintenance of technical and organizational security measures.
  • Investigation of suspicion, or knowledge, of security breaches and reporting to individuals and the authorities.
  • Handling of queries and complaints from registered persons and others.
  • Handling of inspections and inquiries from regulators.
  • Handling of disputes with registered persons and third parties.
  • Statistical surveys and scientific research.

Providing information voluntarily
When we collect personal information directly from you, you provide personal data voluntarily. You are not under obligation to provide this personal information to us. The consequence of not giving us the personal data will be that we cannot fulfil the objectives stated above.

Sources
In some cases, we collect personal information about you from other health-care professionals (by prior arrangement with you) or from laboratories in connection with testing. We treat the information received in accordance with this privacy policy.

Disclosure of personal information
When necessary, in any specific case, your personal data will be passed on and shared with the following recipients,

• Authorities in accordance with tissue legislation and the law on assisted reproduction and other specific legislation, including national legislation; for example, the Patient Safety Authority, the Health Agency, the Health Data Agency (SEI) and other national legislation,
• Fertility clinics, tissue establishments, hospitals, doctors and other health-care professionals according to the rules laid down in the tissue legislation, the law on assisted reproduction and special legislation
• Laboratories
• Courier firms

Legal basis for the processing and sharing of personal information
The legal basis for collecting, processing and disclosure of your personal information is:

• During the process, general personal data is collected, processed, and shared in accordance with the Data Protection Act under article 6 (1) (a), (b) and (c), whilst sensitive personal data is collected, processed and shared in accordance with Data Protection Act under articles 9 (2) (a), (b), (f), (h) and (i).
• The obligation to collect, process and share personal information in connection with the purchase of donor sperm is governed by, among other things, the rules which are laid down in the law on assisted reproduction in connection with treatment, diagnosis and research etc., in the Ministerial Order on assisted reproduction as well as in the EU-directive on tissue and cells, which is implemented in Danish legislation in the Tissue Act and the Tissue Ministerial Order

Revocation of consent
If the processing of your personal data is based on consent, you have the right to revoke consent. If you withdraw consent, this does not affect the processing prior to the withdrawal of consent, including disclosure based on consent.

Use of data processors
Your personal data may be processed and stored by our data processors which store the data on our behalf and at our instruction. Our data processors include:

• IT software provider (Microsoft)
• IT company providing back-up and support services, etc.
• Website company, including domain hosting company
• Testing laboratories

Storage period

We store personal information about you for as long as we need to perform the above stated purpose. Master data, i.e. name, address, e-mail address, telephone number, information about purchased donor sperm (type and donor choice), account number, photo ID, the result of treatment with donor sperm, as well as any medical information and genetic data is stored for 30 years after clinical use in order to ensure traceability from donor to recipient and vice versa, which is a legal requirement, see Tissue Law § 12 and Tissue Ministerial Order §§ 16 and 21. Circumstances may arise where we are obliged to keep your personal data for a longer period of time; for example, in connection with a complaint or a compensation claim. In this case, the information will be stored until the matter is concluded.

Information on customers who have created an account on the website without placing an order, as well as mail correspondence and inquiries from potential customers, who does not result in a shipment of donor sperm, will be stored for maximum 1 year.

Your rights
In accordance with the Data Protection Act, you have a number of rights in relation to Born Donor Bank’s treatment of your information. You may at any time exercise your rights. If you wish to exercise your rights, you should contact Born Donor Bank.

Your rights are:

• The right to view your information (right of access)

You have the right to view the information that we process about you, as well as other additional information.

• Right to rectification (correction)

You have the right to have inaccurate information about yourself corrected. Born Donor Bank has a duty to respond to the request.

• Right to deletion

In special cases, you have the right to have information deleted prior to the time the information would otherwise be deleted. Born Donor Bank has a duty to respond to the request.

• The right to limit the processing of information

In some cases, you have the right to limit the processing of your personal data. If you have the right to have processing limited, we must, in the future, only process information — except for storage – with your consent, or for the purpose of establishing, enforcing or defending a legal claim, or for protecting a person or important social interests.

• Right to object

You have, in some cases, the right to object to our otherwise lawful treatment of your personal data.

You can read more about the rights in the Danish Data Protection Authority’s guidance on the rights of data subjects, which can be found at www.datatilsynet.dk (in Danish only)

Contact or complaints
If you have any questions regarding the processing of your personal data, your rights, or you want to make a complaint, please feel free to contact us.

Enquiries can be made to:

Born Denmark ApS (VAT NO. 38339087)

The sperm bank’s addresses are:

Born Denmark ApS (VAT NO. 38339087)
Rosensgade 11
8000 Aarhus C
Att.: CEO Marlene S. Vium (email: salg@borndonorbank.dk)
Tel.: +45 2055 6595

If your query or complaint is not resolved, a complaint can subsequently be addressed to the Danish Data Protection Authority. The contact address can be found at www.datatilsynet.dk

Date: 13-02-2023.