Dated: 8 April 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 information is very important to Ada Health GmbH (“us”, “our” or “we”). It is vitally important to us that our customers feel secure when using the Services.
When visiting Ada Health GmbH website at ada.com (our “Website”), using our application: “Ada – Your Health Guide” (our “App”) or using any of the services offered via the Website or the App (the “Services”), you will be asked to indicate your acknowledgment of, and where applicable your consent to, the practices described in this policy.
Our Website contain 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 information. Please check these policies before you submit any personal information to such third party websites.
Information we may collect
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 to us for these purposes will include your name, gender, date of birth, email address, phone number, symptoms of your illness, potential causes of your illness symptoms, your medical history, any allergies you have, or further information required to verify your identity.
- Information we collect about you. With regard to each of your visits to our Website or our App we may automatically collect the following information; however, this information cannot be used to identify you:
- device-specific information, such as your hardware model, operating system version, unique device identifiers, and mobile network information;
- technical information about your computer, including where available, your IP address, operating system and browser type, for system administration and analytical purposes;
- details of your visits to our Website and App, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website and App (including date and time), length of visits to certain pages, and page interaction information (such as scrolling, clicks, and mouse-overs);
- information showing us from which app store you downloaded our App; and
- details of conditions and symptoms searched (aggregated and/or anonymised).
- Information we receive from other sources. When using our Services, we will be in contact with third parties who may provide us with certain information about you in order to enable your use of the Services. This includes information available here as amended from time to time.
How we use your information and justification of use.
Use of personal information under EU data protection laws must be justified under one of a number of legal “grounds” and we are required to set out the ground in respect of each use of your personal data in this policy. These are the principal grounds that justify our use of your information:
- Consent: where you have consented to our use of your information (you are providing explicit, informed, freely given consent, in relation to any such use and may withdraw your consent in the circumstance detailed below by notifying us);
- Contract performance: where your information is necessary to enter into or perform our contract with you;
- Legal obligation: where we need to use your information to comply with our legal obligations;
- Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights; and
- Legal claims: where your information if necessary for us to defend, prosecute or make a claim against you or a third party.
We use information held about you (and information about others that you have provided us with) in the following ways:
Types of Information we collect
- Email address, name, date of birth, gender
- Uses of that Information: To provide you with access to our Website, App and any other information which you request from us, and to use our Services.
- Use Justification: Contract performance
- illness symptoms, potential causes of illness symptoms, allergies, pregnancy status, history of hypertension or diabetes
- Uses of that Information: To provide you with the Services.
- Use Justification: Consent (we require your consent to process your sensitive personal data, which is required in order to provide the Services.)
- Email address, name
- Uses of that Information: For marketing products and services that we believe will be of interest to you.
- Use Justification: Legitimate interest (for marketing our own similar products and services and any re-engagement campaigns) Consent (for marketing unrelated products or services or products or services of third parties).
- Date of birth, illness symptoms, potential causes of illness symptoms, medical history, allergies, location
- Uses of that Information: To identify more appropriate products and services to market to you.
- Use Justification: Legitimate interest (to tailor our services appropriately). No marketing of third party products or services will be conducted without your consent.
- Email address, name, date of birth, illness symptoms, potential causes of illness symptoms, medical history, allergies
- Uses of that Information: To assess your suitability for clinical research and invite you to partake.
- Use Justification: Legitimate interest – no personal data will be used as part of a clinical trial without your consent.
Consent (for contacting you about clinical research that may be of interest to you).
- Email address, name, date of birth, illness symptoms, potential causes of illness symptoms, medical history, allergies
- Uses of that Information: To administer our Services and for internal operations, including research, data analysis and data statistics, and to create derived, anonymised and aggregated data to improve our Services.
- Use Justification: Legitimate interest (to administer and improve our Services).
- Email address
- Uses of that Information: To notify you about changes to our Services.
- Use Justification: Contract performance, legitimate interests (to update our Services from time to time).
- Email address, date of birth, gender, illness symptoms, potential causes of illness symptoms, medical history, allergies
- Uses of that Information: To contact you where health concerns have been identified during the data processing.
- Use Justification: Legitimate interest.
We will not sell your personal data (or any other data you provide us with) to third-parties, however, we reserve the right to share any data, which has been anonymised and/or aggregated. You acknowledge and accept that we own all right, title and interest in and to any derived data or aggregated and/or anonymised data collected or created by us.
We may use information for marketing products and services to you in the following ways:
Types of marketing activity
Newsletters and marketing emails relating to our own similar services and products. Where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing.
- Use justification: Legitimate interest (to market our products and services - you have the right to unsubscribe at any time)
To send you details about unrelated services or products or special offers and discounts which are being provided by our selected business partners. Where required by law, we will ask your consent at the time we collect your data to conduct any of these types of marketing.
- Use justification: Consent (which can be withdrawn at any time)
We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us.
Where we store your personal information
The personal data that we collect from you (including email addresses that form part of our prospective marketing database) is processed in the European Economic Area (“EEA”) and stored on Amazon Web Services (Europe) Cloud Servers This data may however be processed by staff operating outside of the EEA who work for us or for one of our business partners or service providers. A full list of our third party sub-processors and details of their privacy policies can be found here. Countries outside the EEA may not provide the same level of adequate protection for the rights and freedoms of data subjects in relation to the processing of personal data; however, by using our Services, you provide your consent for Ada Health GmbH to disclose your personal data to those third parties.
Your passwords are stored on Ada Health GmbH’s servers in encrypted form. We do not disclose your account details. It is your responsibility to keep your password secure. Unfortunately, the transmission of information via the internet is not completely secure. Although Ada Health GmbH will do its best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website, any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent any unauthorised access.
Sensitive information between your browser and our Website is transferred in encrypted form using Secure Socket Layer (“SSL”). When transmitting sensitive information, you should always make sure that your browser can validate the Ada Health GmbH certificate.
Please contact us if you would like further details on the specific safeguards applied to the export of your personal information outside EEA.
Disclosure of your information
We may also disclose your personal information to third parties in the following circumstances:
Purpose of disclosure and third party(s) to which disclosure might be made
We may disclose your personal information to our service providers and business partners, including doctors, GP surgeries, hospitals (to assist us in performing any contract we enter into with them or you, including providing the Website and the Services it enables), analytics providers, (to assist us in the improvement and optimisation of the App and Website) and/or a member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. A list of such third parties can be reviewed at ada.com/service-providers/.
Furthermore, we track your interaction with Ada services anonymously. This tracking is limited to your interaction with Ada services and in no way do we track anything else other than the Ada services. We use this information to further improve Ada services and the information we gather is used exclusively for internal purposes; it is never sold, shared or communicated to third parties. Ada uses the Facebook SDK to provide the Services and therefore automatic explicit events are transmitted to Facebook. These events include the installation of the app as well as the app launch and a specific smartphone ID. No profile information of the App and no health information is transmitted to Facebook.
- Use Justification: Contract performance, legitimate interest, (to allow our Service providers to provide the necessary services).
If we sell or buy any business or assets, we may disclose your personal information to the prospective seller or buyer of such business or assets.
- Use Justification: Legitimate interest (to sell our business or assets); and where required by applicable law, consent (for sensitive personal data).
If Ada Health GmbH or substantially all of its assets are acquired by a third party, personal information about our customers will be one of the transferred assets.
- Use Justification: Legitimate interest (to sell our Company or assets); and where required by applicable law, consent (for sensitive personal data).
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property, or safety of Ada Health GmbH, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.
- Use Justification: Legal obligation, vital interest.
We may disclose certain data to organisations involved in clinical trials and other types of research where you have been authorised to do so.
- Use Justification: Consent.
Fraud Prevention and other checks. We and other organisations may also access and use your personal information to conduct credit checks and checks to prevent fraud. If false or accurate information is provided and fraud is identified or suspected, details may be passed to fraud prevent agencies.
- Use Justification: Legitimate interest (to assist with the prevention of fraud and to assess your risk profile).
We may disclose your personal information to third parties, the court service and/or regulators or law enforcement agencies in connection with proceedings or investigations anywhere in the world where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.
- Use Justification: Legal obligation (to cooperate with law enforcement and regulatory authorities).
How long we retain your personal data
We will hold the above information for as long as is necessary in order to provide you with the Services, deal with any specific issues that may raise, or otherwise as is required by law or any relevant regulatory body. Once your account is terminated or deactivated, we shall delete the personal data relating to your account within 1 month. If your account is inactive for 12 months, we may contact you to assess whether you want to continue to use the Services. Some personal data may need to be retained for longer than this to ensure Ada Health GmbH can comply with applicable laws and internal compliance procedures, including retaining your email address for marketing communication suppression if you have opted not to receive any further marketing.
If you have used the UK Doctor Chat services (which will no longer be available from 23 March 2018), your consultation details may be permanently retained by us according to the Records Management Code of Practice Retention Schedule or is otherwise required by CQC or in order to defend a legal Claim.
If information is used for two purposes, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period when that period expires.
We restrict access to your personal information to those persons who need to use it for the relevant purpose(s). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymized (and the anonymized information may be retained) or securely destroyed.
Under the General Data Protection Regulation (EU) 2017/676, you have various rights in relation to your personal data. All of these rights can be exercised by contacting us at firstname.lastname@example.org.
You have the following rights in relation to your personal data:
Right to Rectification
- We will use reasonable endeavors to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by sending us a request to rectify your personal data where you believe the personal data we have is inaccurate or incomplete.
Right to erasure / ‘Right to be forgotten’
- By deleting your account, Ada Health GmbH will delete all of your personal data without undue delay (unless there is a legitimate and legal reason why Ada Health GmbH is unable to delete certain of your personal data, in which case we will inform you of this in writing).
Right to restriction of processing
- You have the right to ask us to stop processing your personal data at any time.
Right to data portability
- You have the right to request that Ada Health GmbH provides you with a copy of all of your personal data and to transmit your personal data to another data controller in a structured, commonly used and machine-readable format, where it is technically feasible for us to do so.
Right to complain
- You have the right to lodge a complaint to a supervisory authority such as the Bundesdatenschutzbehörde in Germany or the Information Commissioner’s Office in the UK. Although we encourage our customers to engage with us in the event they have any concerns or complaints.
Ada Health GmbH will not ordinarily charge you in respect of any requests we receive to exercise any of your rights detailed above; however, if you make excessive, repetitive or manifestly unfounded requests, we may charge you an administration fee in order to process such requests or refuse to act on such requests. Where we are required to provide a copy of the personal data undergoing processing this will be free of charge; however, any further copies requested may be subject to reasonable fees based on administrative costs.
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.
Where you request Ada Health GmbH to rectify or erase your personal data or restrict any processing of such personal data, Ada l Health GmbH may notify third parties to whom such personal data has been disclosed of such request. However, such third party may have the right to retain and continue to process such personal data in its own right, for example doctors, GP Surgeries, Hospitals and consultation details if you have used the UK Doctor Chat services (available up until 23 March 2018) (these will be retained according to the Records Management Code of Practice Retention Schedule).
Changes to this policy
For the purpose of the relevant data protection legislation, the data controller is Ada Health GmbH (HRB 189710) with registered address at Adalbertstraße 20, 10997, Berlin, Germany.
Our data protection officer is Jens Pahl.