Privacy notice

We Process the Personal Data that you provide to us when you interact with us via this website by completing and sending us a contact or request form or when registering for our newsletter. These Personal Data include:

• Identity data you provide (surname, first name, email address, occupation, etc.).

• Any other Personal Data that you may include in a contact or request form, which may include health data as requested in order to assess your eligibility for our products.

• If you are submitting a job application, additional information that you may provide about your academic and work history, qualifications, skills, references, your national security number, your passport or other identity document details, and any other such similar information that you may provide to us.

Like almost every website, our website also uses cookies. Some of these are necessary to make your website visit possible, other allow us to optimize your browsing experience or the way we interact with you. Find out more about our cookies in our cookie policy.

We Process the Personal Data that you provide to us when you interact with our service provider through the helpline by responding to the questions asked during the call. These Personal Data include:

• Identity data you provide (first name, last name, day of birth, contact place of residence, phone number and e-mail address).
• Economic information data (public or private health insurance.
• Health data as requested in order to assess your eligibility for our products.

Depending on your relationship with us (e.g. website visitor, helpline contact, business contact, job applicant, etc.), we might process your Personal Data based on the purposes and legal bases described hereunder:

Your consent to receive the newsletter expressed by submitting the subscription form.

1. Nyxoah group companies

Because Nyxoah is a global company with locations in different countries, we may transfer your Personal Data from one legal entity to another or from one country to another within the Nyxoah group in order to accomplish the purposes listed above. These countries include, at a minimum, the member states of the European Union, the United States, Israel, Australia and New Zealand. We will transfer your Personal Data consistent with applicable legal requirements and only to the extent necessary for the purposes set out above.

2. Third parties

In addition, Nyxoah will provide access to or share Personal Data on an as-needed basis with third parties, such as trusted service providers, consultants and contractors who are granted access to Nyxoah’s facilities and systems or which provide services to Nyxoah, and with government agencies and others as required by law or if it is necessary to fulfill your request.

Nyxoah will only share your Personal Data with third parties whom Nyxoah has contractually restricted from using or disclosing the Personal Data except as necessary to perform services on our behalf or to comply with legal requirements.

Nyxoah relies on available legal mechanisms to enable the legal transfer of Personal Data across borders. To the extent that Nyxoah relies on the Standard Contractual Clauses (also called the Model Clauses), intragroup data transfer agreements or Binding Corporate Rules to authorize the transfer of Personal Data, Nyxoah will comply with those requirements, including where there may be a conflict between those requirements and this Privacy Notice.

We use reasonable and appropriate technological and operational security measures to keep your Personal Data protected against any unauthorized access or unlawful use. Such measures include:

• Ensuring the physical and digital security of our equipment and devices by using appropriate password protection and encryption where necessary;

• Ensuring the physical security of our offices and other sites;

• Maintaining a data protection policy for, and delivering data protection training to, our employees; and

• Limiting access to your Personal Data to those at Nyxoah who need to use it in the course of their work.However, due to the nature of internet communications, we cannot guarantee or warrant that the transmission of your Personal Data to us is secure.

However, due to the nature of internet communications, we cannot guarantee or warrant that the transmission of your Personal Data to us is secure.

The Personal Data you provide to Nyxoah is only kept for as long as it is reasonably necessary for the purposes for which it is collected, taking into account our need to comply with contractual obligations, resolve customer service issues, comply with legal requirements and provide new or improved products and services to users. This means that we may retain your Personal Data for a reasonable period after you stopped using the Nyxoah.com website or have chatted with our helpline. After this period, your Personal Data will be deleted from all systems of Nyxoah without notice.

Based on the applicable Belgian and European privacy legislation, and provided that you meet the requirements set by this legislation, you can contact us to exercise the following rights:

• Withdrawing your consent for the Processing of your Personal Data, to the extent that the Processing of your Personal Data was initially based upon your consent.

• Seeking access to, correcting, deleting or restricting your Personal Data.

• Objecting to any Processing for direct marketing.

• Objecting to any Processing based on our legitimate interest.

• Seeking the portability of your Personal Data, which you have communicated to us and that we have Processed.

• Lodging a complaint with the supervisory authority in the European member state of your habitual residence, your place of work or the alleged infringement of applicable data protection legislation.

You can send your requests to exercise your above mentioned rights, together with evidence of your identity, by email at privacy@nyxoah.com or by post to Nyxoah, Data Protection Officer, Rue Edouard Belin 12, 1435 Mont-Saint-Guibert, Belgium.

We will examine the admissibility of your request based on the applicable Belgian and European privacy legislation. We will then inform you, in principle within a month, if we can answer positively to your request.

Our website may contain links to websites, applications, products or services of third parties and may allow you to post on or through third party websites. We cannot be responsible for the practices of third party websites, applications, products or services made available or referred to by our website, or their information or content. Note that when you use a link to another website, our Privacy Notice is no longer applicable. Your browsing and your actions on any other website, including those to which we refer, are subject to the rules and policies specific to that website. In addition, you are solely responsible for any content that you decide to post on or via a third party website.

Our website and helpline are intended for visitors who are at least 18 years of age, or the age of majority in their jurisdiction of residence. Nyxoah does not knowingly solicit information from or market products or services to children. If you do not meet the age requirements set out above, please do not enter your Personal Data on this website nor communicate through the helpline.

As Nyxoah expands and improves its website, or as legal requirements change, we may need to update this Privacy Notice. This Privacy Notice may be modified from time to time without prior notice. We encourage you to review this Privacy Notice on a regular basis for any changes. The date of the latest version will be identified at the bottom of the Privacy Notice.

If you have any questions about this Privacy Notice or data protection at Nyxoah, you can contact our Data Protection Officer either by mail:

Data Protection Officer

Nyxoah SA
Rue Edouard Belin 12 Mont Saint Guibert
1435 Belgium

or by e-mail at privacy@nyxoah.com

You also have the right to lodge a complaint with the supervisory authority in the European member state of your habitual residence, your place of work or the alleged infringement of applicable data protection legislation:

In Belgium, the Supervisory Authority is:

Belgian Data Protection Authority
Rue de la Presse 35 / Drukpersstraat 35
1000 Bruxelles / 1000 Brussel

Tel. +32 2 274 48 00

Fax +32 2 274 48 35

contact@apd-gba.be
www.dataprotectionauthority.be