1. INTRODUCTION
Welcome to Improve Facial Palsy. You can reach us at info [at] improvefp [dot] com. In this privacy data policy, we will explain the procedures and principles governing the collection, utilisation, disclosure, and other forms of processing of personal data through the Improve Facial Palsy application.
2. WHO AND WHAT DO THIS PRIVACY POLICY COVERS?
Emteq Limited (trading as Emteq Labs) serves as the data controller for personal data collected from the Improve Facial Palsy application and website. Our services are accessible to adults with facial palsy.
3. WHAT TYPES OF PERSONAL DATA IS COLLECTED?
Registration for the Application Service: The Improve Facial Palsy application saves the email address of the user as login information. By supplying their personal information, the user acknowledges that they have received the privacy information notice and have granted prior consent for Emteq Labs to process their personal data, a necessity for service provision.
Additional Data: The following information is provided by the user, and saved of the user’s device: diagnosis, date of diagnosis, answers to the face assessment, synkinesis assessment and reported symptoms.
4. HOW IS THE PERSONAL USER DATA USED?
Emteq Labs uses the User’s Data for the Following Purposes:
(a) Service Provision: This includes delivering services accessible through the Improve Facial Palsy application, such as login to the application.
(b) Customer Support and Technical Assistance: This encompasses providing customer support, technical aid, and relevant communications concerning the Improve Facial Palsy application.
(c) Complaint and Dispute Management: Data is used to handle complaints and disputes effectively.
(d) Legal Compliance and Government Requests: Activities necessary for compliance with national/EU laws and responding to requests from public and government authorities. (These purposes from a) to d) are collectively referred to as “Contractual Purposes”).
(e) Technical Assessment and Due Diligence: In cases of potential mergers, asset sales, or business transfers, we conduct technical assessments and due diligence activities, sharing user data with relevant third parties as part of the transaction (“Legitimate Purposes”).
(f) Direct Marketing Communications: Delivery of marketing communications regarding Emteq Ltd.’s products and services.
(g) Direct Research Communications: Delivery of email communications regarding research on Facial Palsy.
5. ON WHAT LEGAL BASIS IS THE USER PERSONAL DATA PROCESSED?
The processing of the User’s personal data is rooted in the necessity of fulfilling contractual obligations and complying with relevant laws. This is crucial for the following reasons:
Contractual Purposes: To ensure the proper execution of the contract for delivering requested services (as outlined in Section 4, subsections a to c).
Legal Compliance: To adhere to provisions mandated by applicable laws (as detailed in Section 4, subsection d).
Should the User decline to provide their personal data for Contractual Purposes, Emteq Labs will be unable to provide the requested services. Additionally, for the collection of Special Categories of Data processed for Contractual Purposes, Emteq Labs will require the User’s explicit consent. Failure to provide this consent will result in Emteq Labs being unable to provide the services.
Processing of the User’s personal data for Legitimate Interest Purposes, as defined in Section 4, subsection e), is conducted in accordance with Article 6, letter f of the EU General Data Protection Regulation No. 679/2016 (the “Privacy Regulation”). This processing is aimed at pursuing Emteq Labs’s legitimate interests, with consideration for balancing these interests against those of the User. Data processing is performed within the strict limits necessary to fulfil these activities. Importantly, participation in data processing for Legitimate Interest Purposes is not obligatory, and Users can object to such processing at any time using the methods outlined in Section 10 of this privacy policy.
Lastly, data processing for Marketing Purposes relies on the prior consent of the User. While not mandatory, a User’s refusal to provide consent will result in the User not receiving marketing and research communications, as detailed in Section 4, subsections f) and g). Users can withdraw their consent at any time through the procedures outlined in Section 10 of this privacy policy.
6. HOW IS THE USER’S PERSONAL DATA PROCESSED?
The User’s personal data will be processed both electronically and/or manually, in any case in such a way as to guarantee the security, protection, and confidentiality of the data, thanks to appropriate administrative, technical, personnel, and physical measures against loss, theft, and unauthorized use, disclosure, or modification.
7. WHO CAN HAVE ACCESS TO THE USER’S PERSONAL DATA?
For Contractual Purposes, personal data may be shared with various recipient categories, both within the EU and, as defined in Section 8, occasionally beyond the EU borders. These recipients include:
(a) Caregivers within specified parameters, encompassing third-party service providers responsible for handling tasks such as services, advice, and support related to technology, accounting, administration, legal matters, insurance, and IT functions.
(b) Emteq Labs group companies.
(c) Individuals and authorities with a lawful right to access personal data as stipulated by regulations or provisions from legally authorized entities. These recipients will process personal data in their respective capacities as data controllers, data processors, or personnel responsible for processing, depending on the specific circumstances.
For Legitimate Interest Purposes, personal data may also be transmitted to different recipient categories, both within and within the framework delineated in Section 8, occasionally outside the EU. These categories consist of:
(a) Third-party service providers entrusted with processing activities associated with credit recovery procedures, credit assignments, as well as tests, updates, and development of Emteq Labs and its Application.
(b) Entities resulting from mergers, acquisitions or other transformations involving Emteq Labs.
(c) Competent authorities.
In the case of Marketing Purposes, personal data may be disclosed to recipient categories located both within and within the boundaries defined in Section 8, outside the EU. These include:
(a) Third-party service providers responsible for processing activities related to the distribution of marketing communications.
(b) Companies linked to Emteq Labs.
A comprehensive list of data processors can be obtained upon request, following the procedures outlined in Section 9 below.
8. IS THE USER’S PERSONAL DATA TRANSFERRED ABROAD?
The Client’s personal data may be transferred to countries within and outside the European Economic Area, particular in the United Kingdom and the United States. For transfers from EU to countries not considered adequate by the European Commission, Emteq Labs has put in place appropriate and suitable safeguards to protect the User’s personal data. Accordingly, the User’s personal data are transferred in compliance with the requirements and the obligations provided by applicable data protection laws, such as standard contractual clauses adopted by the European Commission as per Articles 45 and 46 of the Privacy Regulation.
9. WHAT ARE THE DATA RETENTION PERIODS APPLYING TO THE USER’S PERSONAL DATA?
The personal data of the User will be stored for the duration necessary to achieve the purposes outlined in this Privacy Notice. In any case, the following retention periods will be applied to the processing of the User’s personal data for the specific purposes detailed below:
(a) Data collected for Contractual Purposes and Legitimate Interest Purposes will be retained throughout the provision of services and for 10 years following the termination or withdrawal from the contract with Emteq Labs. Exceptions will be made when retaining the data is necessary to respond to or initiate legal action, upon request from competent authorities, or to comply with applicable laws.
(b) Data collected for Marketing and Research Purposes pertaining to the delivery of marketing communications and conducting market research, as described in Section 4 of this privacy policy, will be retained for the duration of the contract and an additional 24 months thereafter.
10. WHAT ARE THE USER’S RIGHTS REGARDING PERSONAL DATA?
At any time, users have the following rights, which can be exercised by sending an email to info [at] improvefp [dot] com:
(a) Confirmation of the existence of personal data and information regarding its content, source, accuracy verification, and the option to request its integration, updating, or correction.
(b) Request for the erasure, anonymization, or restriction of personal data processing that contravenes applicable laws.
(c) The right to object, based on legitimate grounds, to the processing of personal data.
(d) Withdraw consent to data processing, where consent is a requirement.
Furthermore, at any time, users can:
10.1. Request Emteq Labs to limit the processing of their personal data under certain circumstances;
(a) When the accuracy of personal data is contested until Emteq Labs has corrected or verified it.
(b) When data processing is unlawful, the user does not want the data erased.
(c) When Emteq Labs no longer needs the data for processing purposes, but the user requires it for legal claims.
(d) When the user has objected to processing based on legitimate interests, pending verification of Emteq Labs’s compelling legitimate grounds to continue processing.
10.2. Object to the processing of personal data;
10.3. Request the erasure of personal data without undue delay.
10.4. Receive an electronic copy of personal data if the user wishes to export it to themselves or another provider when Emteq Labs relies on user consent or the necessity of processing for service provision and data is processed automatically.
10.5. Lodge a complaint with the relevant data protection supervisory authority.
11. USE OF COOKIES
Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We Save your browsing analytical data of our website via Google analytics.
12. TERMS OF USE
This app is provided as a free support tool and is for reference only. It does not replace the diagnosis of, or advice from a healthcare professional. The app cannot take into consideration your individual circumstances and may not contain all the information that you need. It is therefore not to be used as the sole basis for your care but may be used to provide useful information to your healthcare provider.
The use of this app is at your own risk. We make no representation or guarantees as to the completeness nor adequacy of the information contained in the app. We cannot guarantee the app’s compatibility with any protocols or policies of your healthcare providers.
It is your responsibility to use the most up-to-date version of this app, because otherwise the information may not be the most recently provided.
Emteq Ltd shall not be liable for any claims or losses arising out of the use or misuse of this app, its contents, nor for any omissions from its contents or otherwise.
13. DATA PROTECTION TEAM
The Data Protection Officer, Charles Nduka, employee of Emteq Labs in accordance with Section 37 of the Privacy Regulation, can be reached at privacy@emteqlabs.com.
14. UPDATES
This privacy information notice may be updated or expanded in the future. Users will be given prior notice of any changes, and the updated privacy information notice will be available for review on the website www.emteqlabs.com.
Last Update: April 2024
