Privacy Notice

Last modified: 23/05/2018

INTRODUCTION

Welcome to HealthUnlocked’s privacy notice.

HealthUnlocked is a private company that aims to transform individual health experiences into support, insight and understanding for others. We do this by enabling people to share personal health experiences and information online using our site (“Our Site”). In turn this provides support, aids self-management, and improves interactions with professionals, with the aim of improving day-to-day health and well-being.

At HealthUnlocked we believe in the potential of shared experiences to transform lives and uncover understanding in health. Because this may involve you sharing sensitive information about your health and treatment we also believe in the importance of clear and transparent privacy guidelines. As a user it’s important you know how we use and share your data and how you can control what happens to information you share on Our Site.

This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how HealthUnlocked collects and processes your personal data through your use of this website, including any data you may provide through this website when you share your experiences and contribute to our online discussions, sign up to our newsletter, purchase a product or service or take part in a competition.

This website is not intended for children and we do not knowingly collect data relating to children. In fact we ask users to verify they are over the age of 16 upon signing up to use the service so all our users have represented to us they are over 16.

If you are under the age of 16 then you are prohibited from creating an account and becoming a member of HealthUnlocked. In registering as a member you are acknowledging that you are aged 16 or above. If we become aware that a child under 16 has provided us with personal information, we take steps to remove such information and will delete the child’s account.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

CONTROLLER

HealthUnlocked is owned and operated by Everything Unlocked Limited registered in England and Wales under company number 6596274. Its registered office address is: First Floor, Clover House, 147-149 Farringdon Road, London EC1R 3HN, United Kingdom.

Everything Unlocked Limited is the controller and responsible for your personal data (collectively referred to as “Everything Unlocked”, “HealthUnlocked” “we”, “us” or “our” in this privacy notice).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

CONTACT DETAILS

Our full details are: Everything Unlocked Limited

Full name of legal entity: Everything Unlocked Limited, First Floor, Clover House, 147-149 Farringdon Road, London EC1R 3HN, United Kingdom. HealthUnlocked is a trading name of Everything Unlocked Limited.

Name or title of data privacy manager: Adeela Sharif

Email address: adeela.sharif@healthunlocked.com

Postal address: First Floor, Clover House, 147-149 Farringdon Road, London EC1R 3HN, United Kingdom

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 www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on 23 May 2018. You will be notified if there are any changes to this Privacy Notice.

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 your relationship with us.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes email address and telephone numbers.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website 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 notice.

Health organizations and other affiliates of HealthUnlocked (“Affiliates”) can access and export anonymized and aggregated data reports from users within the HealthUnlocked community who have chosen to share their data. If you have not chosen to share your data with third parties, your data will not be included in the aggregated data reports.

We sometimes collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) should you choose to give us this information to provide the HealthUnlocked user experience. We take extensive measures to keep these Special Categories anonymised and secure but cannot guarantee it will remain anonymised if you chose to register using a username making you personally identifiable.

We do not collect any information about criminal convictions and offences, unless this has been voluntarily shared by you on Our Site.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you access to certain parts of Our Site). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • apply for our products or services;
    • create an account on our website;
    • subscribe to our service or publications;
    • request marketing to be sent to you;
    • enter a competition, promotion or survey; or
    • give us some feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.

4. HOW WE USE YOUR PERSONAL DATA

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

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where you consent to processing.
  • 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.

Click [here] to find out more about the types of lawful basis that we will rely on to process your personal data.

You have the right to withdraw consent to marketing at any time by contacting us or changing your communication preferences in your account settings.

Communications with you

By becoming an account holder, you agree that we may provide you with information about Our Site (whether by email or any other medium) that we consider appropriate. You may opt-out of receiving these materials and notifications in the contacting us or changing your communication preferences in your settings area of your account or by writing to or emailing us to inform us that you wish to be removed from our contact list.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We will process your personal data only where there is a lawful basis to do so, specifically:

  • where we need to perform the contract with you, including:
    • opening a user account with you and your use of our service;
    • where you are going to provide services to us;
    • updating you with any changes to the contract between us.
  • 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, including;
    • to administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
    • to deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you;
    • to use data analytics to improve our website, products/services, marketing, customer relationships and experiences;
    • to make suggestions and recommendations to you about goods or services that may be of interest to you;
    • as part of a recruitment process;
    • to establish, exercise and/or defend our legal rights including in any legal proceedings;
  • where we need to comply with a legal or regulatory obligation, including:
    • complying with any applicable regulatory requirements in terms of anti-money laundering rules;
    • undertaking conflict of interest checks; or
    • data protection rules;
  • where you have consented to the particular use of your data, including:
    • sending you marketing emails;
    • taking part in surveys.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications (including invitations to take part in surveys) from us if you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any company outside the HealthUnlocked group of companies for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of service experience or other transactions.

COOKIES

HealthUnlocked uses cookies to provide basic functionality and to improve the performance and user experience throughout the site. We may also store encrypted information about you using cookies which we can access when you visit our site in future.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy here.

If you want to delete cookies that are already on your computer, please refer to the instructions for your particular system here: http://www.aboutcookies.org/default.aspx?page=1.

If you want to learn about how to control cookies, you can find instructions for your particular system here: http://www.aboutcookies.org/default.aspx?page=2.

Authentication cookies

HealthUnlocked uses authentication cookies to help us track when you sign in and allows you to be signed in automatically when you come back after an extended period of inactivity. The cookie identifies content which should only be visible to you, and allows us to remember the language you speak allowing for a personalized experience at HealthUnlocked.

Tracking cookies

HealthUnlocked uses third party analytics services including Google Analytics to collect aggregated data to help us understand how our site is being used, and how we can improve based on these statistics. Because these are also first-party cookies, you can manage them in the same way as HealthUnlocked ones.

Third-party cookies

When you share information on the site with other social networks, their cookies will record that you have done so. If you would like to disable this, you need to disabled cookies from their sites. Sometimes, YouTube videos are posted on the site. If you view these posts your preferences for YouTube are recorded and stored.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties as set out in the Glossary.
  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. If Everything Unlocked Ltd. is sold to or merges with another company not owned by Everything Unlocked Ltd., you should expect that some or all of the personal information collected from Our Site may be transferred to the buyer/surviving company. If so, Everything Unlocked Ltd. will seek to obligate the acquiring company to use any personal information transferred by Our Site in a manner consistent with this Privacy Statement, but you accept that the acquiring company will be responsible for use after the acquisition and that Everything Unlocked Ltd. cannot control this. If you do not wish the personal information you provide to be subject to this possibility, you should deactivate your membership by notifying deactivate@healthunlocked.com and including "DEACTIVATE" in the subject line or by deleting your account in your account settings in Our Site.

There may be circumstances where we are required by law to make a disclosure of your personal data to certain authorities (for example, where information is provided that suggests an ongoing or potential threat against a child or vulnerable person). We may seek to notify you first where such a disclosure of your personal data is going to be made unless we are legally prohibited from doing so.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

Where possible we look to hold all your personal data inside the European Economic Area (EEA).

Some of our external third parties are based outside the EEA so their processing of your personal data may involve a transfer of data outside the EEA.

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 will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • 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.
  • 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 the Europe and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

In order to register with us and become an account holder, you will be invited to provide a password, a user name and an email. You are entirely responsible for maintaining the confidentiality of your password and account. You will never be required to reveal your full password to any representative or agent of HealthUnlocked. If you forget your password, we may ask you to answer a specific question such as your username, date of birth or postcode. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify security@healthunlocked.com immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for loss or damage incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder. If you think that someone else has access to your password you should change it immediately.

None of your personally identifiable information (i.e. email address, postcode/zipcode, date of birth) is ever visible to other users or third parties without your explicit consent. We encourage you to choose a non-identifiable username as this is visible to other users.

If you choose to use a username that may identify you, then certain information you choose to post may be identified as your data. This may also happen if you upload a photo of yourself, or a likeness of yourself, as a profile picture. Prior to posting any photo or likeness of you, choosing a username that may identify you, and/or post other information that may identify you, you should carefully consider whether you:

  1. wish to be identifiable on Our Site; and
  2. want to post information that may be capable of being linked to you.

When you do, and you also make available Special Categories of data about yourself you will be deemed as having made that data manifestly public.

HealthUnlocked provides industry standard security across all of our platform and complies with health IT standards. We have secure connections (HTTPS) with 2048 bit encryption certificates across all the areas. All passwords assigned during the signup processes are protected using salted cryptographic hashing, and cannot be decrypted by us.

Our third party cloud provider uses secure servers hosted in a protected environments with secure backups performed regularly and compliant with ISO 27001 and HIPAA. We update our security system regularly and perform ongoing research on new practices and technologies that can improve our services. HealthUnlocked has received assurance from an external auditor for its annual HIPAA Security audit.

Our service is hosted on third party servers. We have contracts in place with our third party service providers which require them to implement security measures to protect the data they hold and the current security provisions in place are described above.

8. DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Generally, once an account has been closed we will process your data only for limited purposes, and would generally look to delete or anonymise data on inactive accounts after 7 years.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

  • Request access to your personal data.
  • Request correction of your personal data.
  • equest erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. GLOSSARY

LAWFUL BASIS

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

THIRD PARTIES

Internal third parties

Other companies in the HealthUnlocked Group some of whom are based in the United States of America and provide IT and system administration services and undertake leadership reporting.

External third parties
  • Service providers acting as processors based in the United States of America who provide IT and system administration services.
  • Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the EEA and the United States of America 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 United Kingdom who require reporting of processing activities in certain circumstances.
  • Providers of third party online survey tools in the United Kingdom and the United States of America.
HealthUnlocked affiliates

An affiliate refers to any non-profit health organization, patient group, individual, hospital, or medical professional with which HealthUnlocked is in partnership and who has agreed to this Terms of Engagement for Affiliates.

Health organizations and other affiliates of HealthUnlocked can access and export anonymized and aggregated data reports from users within their HealthUnlocked community who have chosen to share their data.

There is no contractual relationship between the users and HealthUnlocked research partners. However, if the user, where invited and eligible, contributes to a particular project, then there may be terms and conditions specific to that activity by which the user may be bound.

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:

  1. if you want us to establish the data’s accuracy;
  2. where our use of the data is unlawful but you do not want us to erase it;
  3. 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;
  4. 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.