Last modified: 13 November 2019
PLEASE READ THIS POLICY CAREFULLY BEFORE USING ADA HEALTH GmbH SERVICES
You must be 16 years or older to use our Services.
Protecting your data, privacy and personal data (as defined under Article 4(1) of the General Data Protection Regulation (EU) 2016/679 (“GDPR”)) is very important to Ada Health GmbH (“us”, “our” or “we”). It is vitally important to us that our customers (the “users”) feel secure when using the Services.
When using our application “Ada” (our “App”) or using ada.com (the “Website”) (together with the App, the “Services”), you will be asked to indicate your acknowledgment of, and where applicable, give your consent to the practices described in this policy.
Our Website contains links to third-party websites. If you follow a link to any of those third-party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal data. Please check these policies before you submit any personal data to such third-party websites.
1. Who we are
2. General overview of our data processing in connection with the Services
We may collect and process the following data about you:
- Information that you provide to us. You will be asked to provide us with your information when you:
◦ fill in forms on our Website or App, or correspond with us by phone, email or otherwise;
◦ register to use our Services, subscribe to our newsletter, promotional emails or other marketing materials;
◦ use the Services;
◦ report a problem with our Services; or
◦ complete any surveys we ask you to fill in that we use for research purposes (although you do not have to respond to these if you do not want to).
The information you will be asked to provide us for these purposes may include your name, gender, date of birth, email address, phone number, symptoms of your illness, potential causes of your illness symptoms, your health insurance, your medical history, any allergies you have, or further information required to verify your identity.
- Information we collect about you. Although we will not use it to identify you, we may collect the following data during each of your visits to the Website and App:
◦ Usage data:
— technical information about your device, incl. device-specific information such as your hardware model, operating system version, unique device identifiers, and mobile network information;
— details of your visits to the Website and App, including the full Uniform Resource Locators (“URL”) clickstream to, through and from our Website and App (including date and time),
— details of conditions and symptoms searched.
◦ Analytics data:
— your IP address, operating system and browser type;
— information about which app store you downloaded our App from;
— length of visits to certain pages, and page interaction information (such as scrolling, finger gestures, clicks, and mouse-overs);
3. Specific processing activities, type and purpose of their use
3.1 When you use our Website
- Types of data: IP address of the requesting device, date and time of access, name and URL of the requested file, Website from which access is obtained (“Referrer URL”), browser used and, where applicable, your device’s operating system and the identity of your access provider;
- Uses of that data: To provide you with access to our Website, ensure that the Website can establish an internet connection smoothly and is easy to use; to analyse the system security and stability, as well as for additional administrative purposes.
- Use justification: Legitimate interests (Article 6 (1) (f) GDPR). Our legitimate interest is based on the data collection purposes listed above. We do not use the data collected for the purpose of identifying you. You are not obliged to provide the above personal data. However, you will not be able to access the Website if such personal data are not provided.
- Storage duration: 14 days, unless any security-relevant event occurs (e.g. a DDoS attack). If there is a security-relevant event, server log files are stored until the security-relevant event has been eliminated and clarified in full.
3.2 When you register a user account in our App
- Types of data: Email address and password, user ID, profile name, gender, date of birth, health insurance (optional), general data about your health (optional): smoker, increased blood pressure, diabetes, pregnancy status;
- Uses of that data: Provide you with a user account and access to our Services. We use the general health data for the basic analysis. It is not possible to access our Services if the (non-optional) data are not provided.
- Use justification: Contract performance (Article 6 (1) (b) GDPR / consent (Article 9 (2) (a) GDPR)
- Storage duration: Your data is deleted or irreversibly anonymized (and cannot be associated with a specific natural person) when you request deletion of you user account or delete your user account in the App. If your account is inactive for more than 24 months, we will contact you to check whether you wish to continue using our Services. If you then leave your user account unused for another 12 months, we will delete your account and anonymize your data (such that it cannot be associated with a specific natural person).
3.3 Facebook Login
- Types of data: Name, date of birth, Facebook username, Facebook ID, email (if provided in Facebook account), phone number (if provided in Facebook account);
- Uses of that data: If you choose to use and login with Facebook we will receive the data listed above from Facebook with your approval to populate your user data in the App and to verify your identity. Please note that if you use the Facebook login, Facebook will also process your data (login). We are not responsible for this data processing.
- Use justification: Legitimate interest (Article 6 (1) (f) GDPR). Our legitimate interest is to enable users who do not have an email account or who wish to log in with their Facebook user account instead of their email account to use our Services.
- Storage duration: The storage duration of your data for this purpose corresponds to the period of processing in accordance with Section 3.2. Data processed by Facebook, which we do not control if you choose to use Facebook login, may remain in Facebook’s servers. Should you delete your Facebook account and wish to use the App, you will be directed to sign-in with an email or other login procedure.
3.4 Create a case
- Types of data: Profile name for the assessment case, and related personal health data required to provide the assessment (illness symptoms, potential causes of illness symptoms, allergies, pregnancy status, and relevant and/or related medical history);
- Uses of that data: To provide you with our Services, i.e. suggest possible causes for the given symptoms (assessment) powered by our medical reasoning system;
- Use justification: Consent (Article 9 (2) (a) GDPR). You may revoke/withdraw your consent at any time. However, it is not possible to provide you with our Services (i.e. the assessment) without your consent.
- Storage duration: Your data is deleted or irreversibly anonymised (and cannot be associated with a specific natural person) when you request deletion of your user account, or the deletion of a specific case or if you delete your account or a case in the App.
3.5 Analysis of case information to guarantee high quality and safety standards of our medical reasoning system
- Types of data: case ID, data provided in a case (see section3.4 above, except for the profile name of the assessment case), assessment result;
- Uses of that data: To guarantee high quality and safety standards of our App, it is important to review the quality of the assessment results. The safety and quality staff uses pseudonymised data and when applicable, aggregated data to evaluate the assessment results and determine if any improvement are needed, in order for our App to meet the highest quality and safety standards. This processing only occurs on a pseudonymised basis.
- Use justification: The processing is required to comply with the necessary standards of quality and safety of our App which qualifies as a medical device under medical device regulations and as provided in the following legal texts (Sec. 22 (1) no. 1 c) BDSG, Art. 9(2)(i) GDPR), on the basis of Post-Market Surveillance obligations under Sec. 6 (1),(2) MPG in connection with Sec. 7 (4) of the German Medical Device Ordinance in connection with Annexes X, VII, (4) of the EU Medical Devices Directive (93/42/EC) (or directly applicable from 26.05.2020 at the latest, but to be considered as already applicable to ensure high standards of quality and safety of our App, Art. 83 et seq. and Annex III of the EU Medical Devices Regulation (2017/745/EU)).
- Storage duration: The storage duration of your data for this purpose corresponds to the period of processing in accordance with Section 3.2.
3.6 Assessment of suitability for clinical research and invitation
- Types of data: Email address, profile name, date of birth, illness symptoms, potential causes of illness symptoms, medical history, allergies and other data that you have provided to us.
- Uses of that data: To assess your suitability for clinical research and to invite you to partake in clinical research with one of our clinical research partners that may be of interest to you. For the avoidance of doubt, we do not pass on any personal data to our clinical research partners without your consent.
- Use justification: Consent (Article 9 (2) (a) GDPR).
- Storage duration: The storage duration of your data for this purpose corresponds to the period of processing according to section 3.2.
3.7 Use of health data for anonymized statistical purposes
- Types of data: date of birth, gender, illness symptoms, location (country), potential causes of illness symptoms, medical history, allergies and other data that you have provided to us.
- Uses of that data: We process and anonymize your health data to carry out aggregate statistics on the geographical prevalence of certain types of illness symptoms, and conditions and present such summarized statistics to our partners on an irreversibly anonymized basis.
- Use justification: The processing is necessary for statistical purposes and we only provide our partners with anonymized and summarized statistics from which the identification of a specific natural person is impossible (Art. 9 (2)(j) DSGVO; Sec. 27 (1) BDSG). Our legitimate interest in processing data for these purposes is to support progress in medical research in line with our entrepreneurial goals which is also in the public interest to improve healthcare. You may, for reasons arising from your particular situation, object to such a processing at any time by sending an e-mail to email@example.com (you can find more information in section 8).
- Storage duration: The storage duration of your data on the basis of which we create the statistics corresponds to the period of processing according to section 3.2. The statistics are anonymous.
3.8 Direct marketing for our own similar products and services
- Types of data: Email address, profile name.
- Uses of that data: To receive direct marketing (products and services) that we believe will be of interest to you. You can modify your marketing settings at any time by using the link at the bottom of each marketing email, or by sending your unsubscription request by e-mail to firstname.lastname@example.org.
- Use justification: Consent (Article 6 (1) (a) GDPR)
- Storage duration: The storage duration of your data for this purpose corresponds to the period of processing in accordance with Section 3.2. Deletion of your user account is considered an objection within the meaning of Article 21 GDPR.
3.9 Help people around the world with Attribution and Performance metrics
- Types of data: Advertiser ID, download and installation of the App on your mobile device, information on how you found out about us (e.g. via social media or an online article), whether your registration and the creation of a new case with us was successful, and your rating of our App on the App Stores.
- Uses of that data: If you use our App, we only use the information (no personal health data) to optimize our marketing initiatives and help people around the world get access to our App. We only use pseudonymised usage data that we collect through our contract processor adjust GmbH (Saarbrücker Str. 38a, 10405 Berlin, Germany) to provide us with insights on how we can potentially provide our Services to people around the world who are not using them yet, at the right time, and with the right language. We will never share your personal health information for this purpose with advertisers nor third parties, nor will we use this information to show you any advertising.
- Use justification: Consent (Article 9 (2) (a) GDPR)
- Storage duration: Your data will be stored until it is no longer required for the purpose for which it was collected. The maximum storage duration of your data for this purpose corresponds to the period of processing in accordance with Section 3.2.
3.10 Monitoring the App usage to guarantee high quality and safety standards
- Types of data: Symptoms of your disease, possible causes of your disease symptoms, user ID, age, gender, location (country), IP address;
- Use justification: Consent (Article 9 (2) (a) GDPR). You can customize your tracking settings at any time in the privacy settings in the App.
- Storage duration: Your data will be stored until it is no longer required for the purpose for which it was collected. The maximum storage duration of your data for this purpose corresponds to the period of processing in accordance with Section 3.2.
3.11 Ensuring the functionality of our App through monitoring App performance
- Types of data: Error and crash reports, IP address;
- Use justification: Legitimate interest (Article 6 (1) (f) GDPR). Our legitimate interest is based on the aforementioned use of that data purposes. Under no circumstances will we use the collected data to determine your identity. Access to the Services is not possible without the provision of such data.
- Storage duration: 14 days, unless a security-relevant event occurs (for example, a Distributed Denial of Service attack). If a security-relevant event occurs, log files of the servers are stored until the security-relevant event has been completely eliminated and clarified.
4. Cookies and Tracking at our Website
Our Website uses so-called "cookies". Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's device (computer, tablet, or phone). We use the term "cookies" to refer to all tools that collect data on our Website (e.g. IP addresses, place and time of the visit of the users). The user’s data collected in this way is pseudonymized. The data is not stored together with the user’s other personal data. This processing is carried out on a legal basis or, where required by law, based on your consent.
5. Where do we store your personal data
The personal data that we collect from you is stored in the European Union on (Europe) Cloud Servers of Amazon Web Services EMEA S.A.R.L. with business seat in Luxembourg. This data may, however, be processed by sub-processors operating outside of the European Economic Area (“EEA”) based on a data processing agreement if the additional requirements of Art. 44 et seq. GDPR for processing in third countries are compliant with an appropriate level of protection in the third country and appropriate guarantees under Art. 46 GDPR (such as standard data protection clauses, or exceptional circumstances under Art. 49 GDPR). A full list of our third party sub-processors and details of their privacy policies can be found here.
Sensitive information between your browser and our Website is transferred in encrypted form using Transport Layer Security (“TLS”). When transmitting sensitive information, you should always make sure that your browser can validate our certificate.
Please contact us if you would like further details on the specific safeguards applied to the export of your personal data outside the EEA.
6. Disclosure of your personal data
- Use justification: The legal basis for the transfer of personal data to the processor and the processing by the processor depends on the legal basis on which we, as data controllers, rely (see section 3 above).
If we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets.
- Use justification: Legitimate interest, Article 6 (1) (f) GDPR (to sell our business or assets)/ where required by applicable law, consent, Article 9 (2) (a) GDPR (for personal health data).
If we or, substantially, all of our assets are acquired by a third party, personal data about our users will be one of the transferred assets.
- Use justification: Legitimate interest, Article 6 (1) (f) GDPR (to sell our Company or assets)/ where required by applicable law: consent, Article 9 (2) (a) GDPR (for personal health data).
If we are required on the basis of EU law or the law of a Member State to disclose or share your personal data.
- Use justification: Legal obligation.
We may disclose certain data to organisations involved in clinical trials and other types of research where you have explicitly authorised us to do so.
- Use justification: Consent, Article 9 (2) (a) GDPR.
7. How long do we retain your personal data
We will hold the above data for as long as it is necessary in order to provide you with the Services, deal with any specific issues that may arise or, otherwise, as it is required by law or by any relevant regulatory body. Specific storage periods for the respective processing activities are detailed in section 3 above.
Once your account is terminated, we will delete the personal data relating to your account within 1 month.
If you were a user of the UK Doctor Chat services (which is no longer available since 23 March 2018), your consultation details may be retained by us for a period up to 10 years according to the UK Records Management Code of Practice Retention Schedule, or if otherwise required by Care Quality Commission (“CQC”).
If your personal data is used for two different purposes, we will retain it until the purpose with the longest period expires, but we will stop using it for the purpose with the shorter period as soon as the shorter period expires.
We restrict access to your personal data to the persons who need to use it for the relevant purpose(s). Our retention periods are based on reasonable business needs, and your personal data that is no longer needed is either irreversibly anonymized (and the anonymized data may be retained) or securely destroyed.
8. Your rights
Under the General Data Protection Regulation (EU) 2016/679 (“GDPR”), you have various rights in relation to your personal data (as listed below). All of these rights can be exercised by contacting us at email@example.com.
- Right to withdraw consent: You have the right to withdraw your consent at any time by notifying us by email to the following address: firstname.lastname@example.org. By withdrawing your consent, the lawfulness of the processing based on consent up until the point of withdrawal will not be affected.
- Right to object: You have a right to object under the conditions of Article 21 DSGVO. Below you will find more detailed information:
◦ Right to object where the processing is based on legitimate interests: As a data subject, you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on Article 6 (1) (e) or (f) GDPR, including profiling based on those provisions. In the event of an objection relating to your particular situation, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
◦ Right to object where we process your personal data for statistical purposes: If we process your personal data for statistical purposes pursuant to Article 9 (2) (j) DSGVO, Section 27 (1) BDSG, you have the right to object to such processing for reasons arising from your particular situation. In the event of such an objection, we will no longer process the personal data concerned for this purpose unless the processing is necessary to fulfil a task in the public interest, or the discontinuation of processing is likely to make it impossible or seriously impair the realisation of statistical purposes and the continuation of processing is necessary for the fulfilment of statistical purposes.
◦ Right to object to direct marketing: Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, we no longer process your personal data for these purposes.
To exercise your rights of objection, you may contact us at any time by sending an e-mail to email@example.com.
- Right to be informed: As a data subject, you have a right to obtain access and information under the conditions provided in Article 15 GDPR. This means in particular that you have the right to obtain confirmation from us as to whether we are processing your personal data. If so, you also have the right to obtain access to the personal data and the information listed in Article 15 (1) GDPR. This includes information regarding the purposes of the processing, the categories of personal data that are being processed and the recipients or categories of recipients to whom the personal data have been or will be disclosed.
- Right to erasure / ‘Right to be forgotten’: As a data subject, you have a right to erasure (“right to be forgotten”) under the conditions provided in Article 17 GDPR. This means that you generally have the right to obtain from us the erasure of your personal data and we are obliged to erase your personal data without undue delay when one of the reasons listed in Article 17 (1) GDPR applies. You can do this by deleting your account at any time. If we have made the personal data public and are obliged to erase it, we are also obliged, taking account of available technology and the cost of implementation, to take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of those personal data (Article 17 (2) of the GDPR. The right to erasure (“right to be forgotten”) does not by exception apply if the processing is necessary for one of the reasons listed in Article 17 (3) GDPR. This can be the case, for example, if the processing is necessary for compliance with a legal obligation or for the establishment, exercise or defence of legal claims (Article 17 (3) (b) and (e) GDPR).
- Right to restriction of processing: As a data subject, you have a right to restriction of processing under the conditions provided in Article 18 GDPR. This means that you have the right to obtain from us the restriction of processing if one of the conditions provided in Article 18 (1) GDPR applies. This can be the case, for example, if you contest the accuracy of the personal data. In such a case, the restriction of processing lasts for a period that enables us to verify the accuracy of the personal data (Article 18 (1) (a) GDPR). Restriction means that stored personal data are marked with the goal of restricting their future processing (Article 4 No. 3 GDPR).
- Right to data portability: As a data subject, you have a right to data portability under the conditions provided in Article 20 GDPR. This means that you generally have the right to receive your personal data with which you have provided us in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from us if the processing is based on consent pursuant to Article 6 (1) (a) or Article 9 (2) GDPR or on a contract pursuant to Article 6 (1) (a) GDPR and the processing is carried out by automated means (Article 20 (1) GDPR). In exercising your right to data portability, you also generally have the right to have your personal data transmitted directly from us to another controller if technically feasible (Article 20 (2) GDPR).
- Right to Rectification: As a data subject, you have the right to rectification under the conditions provided in Article 16 GDPR. This means in particular that you have the right to receive from us without undue delay the rectification of inaccuracies in your personal data and completion of incomplete personal data.
- Right to complain: As a data subject, you have a right to lodge a complaint with a supervisory authority under the conditions provided in Article 77 GDPR. The supervisory authority responsible for us is the Berlin Data Protection Authority in Germany (die Berliner Beauftragte für Datenschutz und Informationsfreiheit, Address: Friedrichstr. 219, 10969 Berlin; Telephone: 030 13889-0; E-Mail: firstname.lastname@example.org).
Asking us to stop processing your personal data or deleting your personal data will likely mean that you are no longer able to use Ada Health GmbH’s Services, or at least those aspects of the Services which require the processing of the types of personal data you have asked us to delete, which may result in you no longer being able to use the Services.
9. Changes to this policy