Clever Technologies Limited: Mobile application privacy policy (GDPR and DPA 2018) (UK).

Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data. This information is provided in https://cleverclinic.co.uk/privacy and it is important that you read that information.

Introduction

This policy (together with our end-user licence agreement as set out at https://cleverclinic.co.uk/terms (EULA) and any additional terms of use incorporated by reference into the EULA, together our Terms of Use applies to your use of:

• the Clever Clinic mobile application software (App) available via the Apple App Store, once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
• any of the services accessible through the App (Services) that are available on our site, https://app.cleverclinic.co.uk (App Site), unless the EULA states that a separate privacy policy applies to a particular Service, in which case that privacy policy only applies.

This policy sets out the basis on which we will process your personal data or the personal data of any other individual using the App or the App Site for the purposes of facilitating medical record-taking and patient interactions. If any other individual (such as a partner or employee) will use the App or the App Site on this Device, you must bring this policy to their attention.

Where you use the App or the App Site to process the personal data of your patients or other individuals, this processing, and any transfer of the personal data to us, will be subject to the Data Protection Schedule of the EULA.

This App is not intended for children and we do not knowingly collect data relating to children.

Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

Important information and who we are

Clever Technologies Limited is the controller and is responsible for your personal data (collectively referred to as "Company", "we", "us" or "our" in this policy).

Contact details

Our full details are:

• Full name of legal entity: Clever Technologies Limited
• Relevant contact: Data Protection Officer
• Email address: legal@cleverclinic.co.uk
• Postal address: Clever Technologies Ltd, Albert House, South Esplanade, St Peter Port, Guernsey, GY1 1AJ

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues or other competent supervisory authority of an EU member state if the App is downloaded outside the UK.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on 2nd August 2023. It may change and if it does, these changes will be posted on this page and brought to your attention when you next start the App or log onto the App Site. The new policy may be displayed on-screen and you may be required to read the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

Clever Clinic may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services. Please check these policies before you submit any personal data to these websites or use these services.

The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you as follows:

• Identity Data.
• Contact Data.
• Financial Data.
• Transaction Data.
• Device Data.
• Profile Data.
• Usage Data.
• Marketing and Communications Data.

We explain these categories of data at Description of Categories of Personal Data in the Glossary below.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

How is your personal data collected?

We will collect and process the following data about you:

• Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you give us by filling in forms on the App or the App Site (together Clever Clinic), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Site, download or register for the App, subscribe to any of our Services, search for an App or Service, make an in-App purchase, enter a competition, promotion or survey, and when you report a problem with an App, our Services, or any aspect of Clever Clinic. If you contact us, we will keep a record of that correspondence. Recordings of phone calls to our offices or Customer Service Centre as well as other communications such as email and electronic messaging may be used for staff training and audit purposes.
• Information we collect about you and your Device. Each time you visit Clever Clinic we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies.

Cookies

We use cookies and/or other similar technologies such as application programming interfaces (APIs) and local storage (which we will collectively refer to as cookies) to distinguish you from other users of the App, App Site or the Appstore and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse the App Site and also allows us to improve Clever Clinic.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of Clever Clinic. They include, for example, cookies that enable you to log into secure areas.
• Analytical cookies. These allow us to recognise and count the number of visitors and to see how visitors move around Clever Clinic when they are using it. This helps us to improve the way Clever Clinic works, for example, by ensuring that users are finding what they are looking for easily.
• Performance cookies. These allow us to improve your experience when you use Clever Clinic.
• Functionality cookies. These are used to recognise you when you return to Clever Clinic. 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 Clever Clinic, the pages you have visited and the links you have followed. We will use this information to make Clever Clinic and the advertising displayed on it more relevant to your interests.

How we use your personal data

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

• Where you have consented before the processing.
• Where we need to perform a contract we are about to enter or have entered with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

See Glossary: Lawful Basis below to find out more about the types of lawful basis that we will rely on to process your personal data.

Purposes for which we will use your personal data

Disclosures of your personal data

We may share your personal data with the External Third Parties set out in the Glossary for the purposes set out in the table above.

International transfers

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Data retention

By law we have to keep information about our customers (including Contact, Identity, Financial and Transaction Data) for at least 3 years after the closure your account.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the App for a period of 12 months then we will treat the account as expired and your personal data may be deleted.

Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

Please see below to find out more about these rights.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at:

• Data Protection Officer, Clever Technologies Ltd, Albert House, South Esplanade, St Peter Port, Guernsey, GY1 1AJ; or
• legal@cleverclinic.co.uk

Glossary

Lawful basis

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

External third parties

Service providers acting as processors who provide accounting, cloud, IT, SMS and software development services.

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue and Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.

Your legal rights

You have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  (a) if you want us to establish the data's accuracy;

  (b) where our use of the data is unlawful but you do not want us to erase it;

  (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

  (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Description of categories of personal data

• Identity Data: first name, last name, maiden name, username or similar identifier, title, date of birth, gender, profile picture.
• Contact Data: address, email address and telephone numbers.
• Financial Data: bank account and payment card details.
• Transaction Data: includes details about payments to and from you and details of in-App purchases.
• Device Data: includes the type of mobile device you use, a unique device identifier, mobile network information, your mobile operating system, the type of mobile browser you use, the country in which your Device is located, connection type, and the App version number.
• Profile Data: includes your username and password, in-App purchase history, your interests, preferences, feedback and survey responses.
• Usage Data: includes details of your use of any of our Apps or your visits to Clever Clinic including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
• Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.