PRIVACY POLICY
BACKGROUND

We understand that your privacy is important and that you care about how your personal data is used. We respect and value the privacy of all of our app users and will only collect and use data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

THE APP WILL BE COLLECTING AND TRANSMITTING PERSONAL, AND SPECIAL CATEGORY DATA, HEALTH-RELATED DATA, ABOUT YOU. BY USING THE APP, YOU AGREE THAT WE CAN COLLECT AND USE YOUR PERSONAL AND SPECIAL DATA AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE APP.

The Healthcare Professionals who deliver Services through the mobile application are independent professionals practicing on their own or group of independently owned professional practices. This privacy policy describes how the Healthcare professional (and Kumar Pain Management Ltd) may use and disclose health information about you and how you can access this information.

1. Information About Us

Kumar Pain Management Ltd
A private limited company delivering healthcare service registered in Scotland under company number SC 386213.
Registered address: 346, Queens Road, Aberdeen, Scotland.
Email address: [email protected]

We offer online telehealth services enabling you to report health history, track the progress of your chronic pain and health and engage healthcare professionals (“Healthcare Professionals”) to obtain medical and healthcare services (“Services”).

2. What Does This Notice Cover?

This Privacy Information explains how we use your personal and health-related data, how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

3. What Is Personal and Special Data?

Personal data is defined by the UK General Data Protection Regulation (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The GDPR identifies data concerning health as a special category of personal data (“special data”) The GDPR defines health data in Article 4(15) as personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status. The health data is special category data.

By accessing or using the App & Service, you provide explicit consent to process your personal and special category data. If you disagree, you should not use the Service or App.

4. What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:.

a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know.

b) The right to access the personal data we hold about you. Part 10 will tell you how to do this.

c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete.

d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold.

e) The right to restrict (i.e. prevent) the processing of your personal data.

f) The right to object to us using your personal data for a particular purpose or purposes.

g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.

h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 12. We will respond within 2 months of your request to exercise your rights.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 12.

5. What Data Do You Collect and How?

Depending upon your use of Our mobile app, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Using data minimisation policy, we collect only data necessary for your use of Our mobile app. We do not collect any ‘sensitive’ personal data AND personal data relating to children AND data relating to criminal convictions and/or offences

Data Collected How We Collect the Data
Identity Information including name, title, date of birth, profile picture and gender Your entry at registration and profile update.
Contact information including postal and email address. Your entry at registration and profile update.
Payment information including credit card and health insurance details. Your entry in the app.
Health information including your medical history, health status, test results, diagnostic images, and other health related information. Your entry in the app.
Health information including your baseline health data such as medical and treatment records, medications, pain scores, pain interference score and other health related information Your entry in the app.
Information about your mobile device you are using, kind of mobile device, location of the mobile device and other information about how you use the app. By cookies and APIs
6. How Do You Use My Personal and Special Data?

We will only collect and process your personal and special data for and to the extent necessary for the specific purposes as detailed below. Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will use your personal data, and our lawful bases for doing so:

What We Do What Data We Use Our Lawful Basis
Providing you with services Name, Date of birth, Gender Contract
Managing payments for our products AND/OR services. Credit card and Insurance details. Contract
Communicating with you. Email and contact address Contract
Providing you with services - consultation Location of your mobile device Contract & Explicit consent by agreeing this policy and terms and conditions while creating account
Meet your healthcare needs, review our treatment and services, monitor your health and care needs, recommend treatment alternatives, improve the services we provide Health related data Contract & Explicit consent by agreeing this policy and terms and conditions while creating account.

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 12.

We do not intend to share or process your data for any purpose that has not been explained to you. If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you, explain the legal basis which allows us to do so and seek consent.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email AND/OR post with information, news, and offers on our products AND/OR services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

7. How Long Will You Keep My Personal and Special Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Using data minimisation policy, your personal data will be pseudonymised upon request to delete or close the account. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

Type of Data How Long We Keep It
Identity Information including name, title, date of birth and gender. 6 years after last entry or 3 years after death as per legal guidance for health-related data
Contact information including postal and email address. 6 years after last entry or 3 years after death as per legal guidance for health-related data
Pseudonymised personal data 6 years after last entry or 3 years after death as per legal guidance for health-related data
Payment information including health insurance details. 6 years after last entry or 3 years after death as per legal guidance for health-related data
Profile information including all of your health-related data 6 years after last entry or 3 years after death as per legal guidance for health-related data
8. How and Where Do You Store or Transfer My Personal and Special Data?

We will only store or transfer your personal data within the UK region cloud server. This means that it will be fully protected under the Data Protection Legislation.

The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:

- Your personal data is stored in databases within the encrypted servers located in UK region. We use industry standard TOKEN AUTH method to access the database securely. We access your data only when necessary and the access is limited by two level authentication.

- All electronic copies of personal data will be stored securely using passwords and appropriate data encryption methods.

- All hardcopies of personal data, along with electronic copies stored on physical removable media will be handled safely and securely, with password protection, anti-virus and malware protection as well as media stored securely in a locked box, drawer, cabinet or similar.

- No personal data will be transferred to any device personally belonging to an employee, agent, contractor, or other party working on behalf of the Company and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the applicable Data Protection Law (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken)

- your password is stored in encrypted server, which is not accessible to us.

- Your data transfer between your device and the server is encrypted using industry standard algorithym.

- All our access passwords will be changed regularly and will not use words or phrases that can be easily guessed or otherwise compromised.

- All emails containing your data will be encrypted using password protected file system.

- When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it will be securely deleted and disposed of, with no intention to use or access again.

- procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so;

We may, from time to time, transfer (transfer includes making available remotely) personal data to countries outside of the UK only if one of the following applies:

a. The UK has issued regulations confirming that the country in question ensures as adequate level of protection (referred to as ‘adequacy decisions’ or ‘adequacy regulations’).

b. Appropriate safeguards are in place including binding corporate rules, approved code of conduct or an approved certification mechanism.

c. The transfer is necessary for the performance of your contract; public interest reasons; for establishment, exercise, or defence of legal claims; to protect the vital interests of the data subject where the data subject is physically or legally incapable of giving consent; or, in limited circumstances, for the Company’s legitimate interests.

9. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to the following exception[s].

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

We may also share your health-related data to assist in public health activities, and other governmental activities with legal binding functions.

10. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 12. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 20 working days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

11. How Can I Opt Out of My Personal Data?

As noted in Clause 6, We will only collect and process your personal and special data for and to the extent necessary for your use of Our mobile app.

If you wish to opt out or remove User Content, you may do so by contacting us via email [email protected] Removing User Content also revokes the licence granted to Us to use that User Content under terms and conditions sub-Clause 12.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

12. How Do I Contact You?

Our data protection officer is Dr.S.Kanakarajan. To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details to contact:

Email address: [email protected]

Telephone number: 01224 315475.

Postal Address: 346, Queens Road, Aberdeen AB15 8DT

You should notify us immediately of any unauthorised use of Our mobile app including, not limited to, access and providing personal data by children.

13. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be made available in the via the privacy policy link within the app as well as updated in our website.

This Privacy Notice was last updated on 22nd May 2021.