(Updated 25th July 2022)
WHO WE ARE AND WHAT WE DO
We are a data controller and responsible for your personal data. If you register with us to access any of our services following an invitation from your healthcare provider , then we may also act as a data processor in connection with the delivery of our services to you on behalf of your healthcare provider.
We are registered with the Information Commissioners Office (‘ICO’) under registration number ZA347108 and you can view more information about our registration online here.
This policy is updated from time to time. The latest version updated on 25th July 2022 is published on this page of the Platform. All updated versions of the policy will be published on this page of the Platform. This policy has been updated to reflect the changes introduced by the Data Protection Act 2018 (“DPA”) and the General Data Protection Regulation (“GDPR”).
If you wish to report any knowledge of a child using the Platform and providing personal data without parental consent, please notify us at email@example.com and we will then delete the applicable personal data. If we become aware of a child using the Platform, we will also delete the applicable personal data.
INFORMATION WE MAY COLLECT FROM YOU
- Identity Data which includes your first name, last name, username or similar identifier, marital status, title, date of birth and gender;
- Contact Data which includes your billing address, delivery address, home address, email address and telephone numbers;
- Health Data which includes any information about your health including your medical history and/or current health status including but not limited to data regarding exercises, patient reported outcomes, diary results, flares or episodes or other symptoms, test results, diagnoses and medications;
- Financial Data which may include your bank account and/or payment card details;
- Transaction Data which includes details about payments to and from you and other details of services you have purchased from us;
- Technical Data which includes your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Platform;
- Profile Data which includes your username and password for any accounts set up to access our services, purchases or orders made by you and feedback responses;
- Usage Data which includes information about how you use our Platform, products and services;
- Communications Data which includes your preferences in receiving communications from us and our third parties;
As controller, we may collect Special Categories of Personal Data (as defined in the GDPR) about you. This may include details about your health, race or ethnicity, religious or philosophical beliefs, sex life or sexual orientation. As controller, we may collect personal data about your health including your medical history and/or current health status including but not limited to data regarding exercises, patient reported outcomes, diary results, flares or episodes or other symptoms, test results, diagnoses and medications. In addition, we may collect and process such of your personal data submitted by your healthcare provider or submitted by you (“Patient Data”) as a processor. Your healthcare provider will be the controller of the Patient Data and we will process Patient Data as described in our contract with your healthcare provider. We do not collect any information about criminal convictions and offences.
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a service you have asked us to provide but we will notify you if this is the case at the time.
It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.
We know that data security is important to you and it is therefore important to us. We have put in place appropriate technical and organisational security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed, including up to date virus software and personal protection on our computers and devices. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions in accordance with this policy and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
HOW WE WILL COLLECT YOUR DATA
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us any of the categories of data identified above by filling in forms on our Platform or by corresponding with us in person or by phone, e-mail or otherwise. This includes personal data you provide when you:
- register to use our Platform;
- access our services through the Platform;
- request marketing or other communications to be sent to you;
- give us some feedback.
- Third parties or publicly available sources.We may receive personal data about you from various third parties and public sources such as analytics providers, advertising networks and/or search information providers based inside the EEA. We may also receive information about you from a Medical Practitioner, Academic or other organisation with whom you authorise to enter personal data on your behalf into the Platform such as hospitals or medical device companies.
- Contact, Financial and Transaction Data (if applicable) from providers of technical, payment and delivery services inside the EEA.
WHY WE WILL USE YOUR DATA
We process personal data in accordance with our Data Processing Impact Assessment (“DPIA”), which is a set of tools and assessments used to identify and reduce risks of a data processing activity. The DPIA is a description of the processing, its purpose and our legitimate interests if appropriate, which assesses the necessity and proportionality of processing in relation to its purposes and the risk to individuals, along with the risk mitigation measures in place and demonstration of compliance. Our DPIA (redacted to remove any commercially sensitive information) is available on request.
The lawful bases for processing personal data are set out in Article 6 of the GDPR. We may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below. At least one of these must apply whenever we process personal data:
- Consent: you have given clear consent for us to process your personal data as a controller for specific purposes such as for communications between us and to allow us to learn what you want so we can improve our services;
- Contract: the processing is necessary for a contract we have with you (for example, to process and deliver our services to you and to manage our relationship with you) or for a contract with your healthcare provider, or because you have asked us to take specific steps before entering into a contract;
- Legal obligation: the processing is necessary for us to comply with a legal or regulatory obligation (not including contractual obligations) including under applicable medical devices legislation the Medical Devices Directive 93/42/EC (whilst still in force) and the Medical Devices Regulation (EU) 2017/745 (when in force);
- Vital interests: the processing is necessary to protect someone’s life; and
- Legitimate interests: the processing is necessary for our legitimate interests (for example to administer and maintain our Platform) or the legitimate interests of a third party unless there is a good reason to protect your personal data which overrides those legitimate interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
We rely on the following legitimate interests when processing your personal data:
- To manage our business and comply with our obligations to our patients, staff, suppliers and controllers we process on behalf of;
- To protect our proprietary and commercially sensitive information;
- To administer and maintain our Platform.
We also need to satisfy specific conditions for using your health data. We rely upon the following ground in this regard:
- Healthcare provision: the processing of data concerning your health is necessary for us to deliver our services to you and to allow access the features of our services through the Platform and to keep you in contact with your Medical Practitioner, Academic, Carer or other authorised third-party (where applicable).
Click here to find out more on the Information Commissioner’s Office website about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data other than as described below. However, where we do ask for your consent we will do so in order to comply with the principle that any processing must be lawful, fair and transparent.
DISCLOSING YOUR PERSONAL DATA
We may have to share your personal data with the parties below in order to provide our services to you. We require all third parties to respect the security of your personal data and to treat it in accordance with the law, and when they are processing personal data on our behalf we do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and in accordance with the law. Examples of our third parties include:
- Medical device regulators (e.g. the Medicines and Healthcare products Regulatory Agency in the UK) in the performance of their powers and obligations under applicable medical devices legislation the Medical Devices Directive 93/42/EC (whilst still in force) and the Medical Devices Regulation (EU) 2017/745 (when in force);
- Sub-contractors for the performance of any contract we enter into with them or you;
- Service providers acting as processors who provide IT and system administration services.
- (where applicable) Medical Practitioners to allow them to deliver their medical services to you;
- (where applicable) Academics to allow them to help you manage and/or monitor your health condition;
- (where applicable) to other third-parties, including Carers, that you authorise to help manage and/or monitor your health condition;
- Professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
If you are using our Platform within the United Kingdom or the European Economic Area (EEA) then we do not transfer your personal data outside the EEA. Visitors from outside this jurisdiction will involve transfers outside the EEA.
We will only use your personal data for the purposes for which we have collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, then please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may use your Identity, Contact, Technical, Usage and Profile Data (as defined above) to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive these communications from us if you have requested information from us or purchased products or services from us and, in each case, you have not opted out of receiving such marketing communications.
We will always get your express opt-in consent before we share your personal data with any other company for any marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time emailing us at firstname.lastname@example.org or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
HOW LONG WE WILL KEEP YOUR DATA
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal data and your Special Categories of Personal Data (so that it can no longer be associated with you) in which case we may use this information indefinitely and in whatever way we deem appropriate without further notice to you. We may also share and commercialise this anonymised data with third parties at our discretion and in any we deem fit, including but not limited to allowing us and them to improve the services that are delivered to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to access the ICO’s website to find out more about these rights:
- Request access to your personal data;
- Request correction of your personal data;
- Request erasure of your personal data;
- Object to processing of your personal data;
- Request restriction of processing your personal data;
- Request transfer of your personal data;
- Right to withdraw consent; and
- Right to request that you are not subject to a decision based solely on automated processes, including profiling
If you wish to exercise any of the rights set out above, please Contact us. If you are unhappy with how we are processing your personal data, you have the right to complaint to the ICO. The Information Commissioner can be contacted at:
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Consider whether you want a digital log of your visit to our Platform to be recorded in your browser. If you don’t want a record to be kept, you can choose to delete your browser history afterwards or view our pages in incognito mode / private browsing, which won’t store your browser history, cookies, or search history after you’ve closed your browsers. However, you are not invisible. Using incognito mode / private browsing does not hide your browser history from your internet service provider, us or your employer (if you are using a company device).
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Platform. They include, for example, cookies that enable you to log into secure areas of our Platform, use an online service or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Platform when they are using it. This helps us to improve the way our Platform works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our Platform. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our Platform, the pages you have visited and the links you have followed. We will use this information to make our Platform and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
|Cloudflare||__cfduid||Used by Cloudflare to identify trusted web traffic||3rd party cookie|
|These cookies are necessary for making credit card transactions on the Site. The service is provided by Stripe.com which which allows online credit card transactions without storing card information.||3rd party cookie|
|local_storage_support_test||This cookie is used in context
with the local storage function in the browser. This function allows the Site to load faster by pre-loading certain procedures
|3rd party cookie|
|Google Analytics||_ga,_gid, collect||Used to distinguish users.||1st Party Cookie|
|GoogleTag Manager||_gat||Used for Google Tag Manager.||1st Party Cookie|
|loglevel||Used to make the Site’s video content more relevant to the visitor|
|You Tube||GPS, PREF, VISITOR_INFO1_LIVE, YSC, yt-remote-cast-installed, yt-remote-connected -devices, yt-remote-device-id, yt-remote-fast-check-period, yt-remote-session-app, ytr-remote-session-name||Used to store user preferences / other unidentified purposes||3rd Party Cookie|
|Doubleclick||IDE, test_cookie||Used to distinguish users.||3rd Party Cookie|
|lidc||Used for tracking use of embedded services||3rd Party Cookie|
|NID||Used to register a unique ID that identifies a returning user’s device||3rd Party Cookie|
|Infusionsoft||various||Used to associate a unique ID to other relevant information||3rd Party Cookie|
|Squeezy||PHPSESSID||Preserves user session state across page requests.||1st Party Cookie|
|Sentry||various||Used to distinguish users.||1st Party Cookie|
Except for essential cookies, all cookies will expire after variable times from a single session to 1 day through to 10 years.