Data Retention Policy

In aanvulling op artikel ‘Uw privacy’:
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Als u een persoonlijk oefenprogramma aanvraagt in de app, dan registreert u zich met uw naam, e-mailadres en geboortedatum. Deze gegevens worden alleen gebruikt om uw persoonlijke oefenprogramma aan te maken. De beveiliging van deze gegevens in de app is van hoog niveau. Physitrack is een app voor zorgaanbieders. Daarom heeft Hifysio, de praktijk waarmee we werken voor Fysiochecknu, inzage in uw gegevens als u zich registreert en een oefenprogramma wilt. Zij zullen nooit medewerkers van ONVZ inzage geven in uw gegevens. Wanneer u uw gegevens wilt laten verwijderen, kunt u dit aanvragen via support@physitrack.nl.

In aanvulling op artikel ‘Onze verantwoordelijkheid voor door u geleden verlies of schade’:
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Voor zover toegestaan door de wet, wordt Physitrack's aansprakelijkheid onder enige garantie, voorwaarde of waarborg (met inbegrip van, zonder beperking, enige garantie, voorwaarde of waarborg van verkoopbaarheid, aanvaardbare kwaliteit, geschiktheid voor een bepaald doel, of geschiktheid voor openbaar gemaakt resultaat), of enig ander recht of rechtsmiddel, onder enige wet of geïmpliceerd in deze Servicevoorwaarden door enige wet (wettelijke garanties) is hierbij uitgesloten. Indien Physitrack aansprakelijk is onder enige Wettelijke Garanties, en wettelijke bepalingen in een contract die de toepassing van, of de uitoefening van, of aansprakelijkheid onder dergelijke Wettelijke Garanties uitsluit of wijzigt, wordt Physitrack's aansprakelijkheid voor enige inbreuk op dergelijke Wettelijke Garanties beperkt, naar keuze van Physitrack, tot een of meer van het volgende: - indien de inbreuk betrekking heeft op goederen: de vervanging van de goederen of de levering van gelijkwaardige goederen; de reparatie van dergelijke goederen; de kosten van de vervanging van de goederen of de aankoop van gelijkwaardige goederen; of de kosten van het laten repareren van de goederen; en - indien de inbreuk betrekking heeft op diensten: de herlevering van de diensten of de kosten om de diensten opnieuw te laten leveren.

1. Introduction

1.1 This policy sets out the policies and procedures of Physitrack PLC (the "company") with respect to the retention, archiving and deletion of data, whether in hard copy or digital form, and including personal data.

1.2 The company is subject to a range of statutory obligations in relation to the retention of data. On the one hand, the company is obliged to retain some classes of data for a minimum period. On the other hand, it is a fundamental principle of data protection law that personal data should be only retained for so long as required. Moreover, the retention of some classes of data may represent an unnecessary security risk. For these reasons, the company recognises the importance of formulating clear and specific policies in relation to data retention.

2. Definitions

2.1 In this policy:

(a) "appointed person" means the individual primarily responsible for handling data retention, archiving and deletion by the company, being the data protection officer of the company;

(b) "data controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;

(c) "data processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

(d) "data subject" means an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

(e) "deletion" means the permanent and irreversible deletion of data from all relevant databases and storage media in the possession or control of the company including, where necessary to ensure the deletion of the data, the destruction of the relevant storage media; and

(f) "personal data" means any information relating to a data subject, including PII.

3. Data retention, archiving and deletion

3.1 The company must archive and delete data in its possession and/or control in accordance with schedule 1 (Data retention periods), save as set out in this section 3.

3.2 Notwithstanding the archiving rules set out in this policy, the company may retain non-archived copies of data to the extent that the data is reasonably required in non-archived form for:

(a) the fulfillment of any legal or contractual obligations of the company; and/or

(b) the establishment, exercise or defence of any legal claims.

3.3 The company must not delete data to the extent that:

(a) the company has a legal obligation to retain the data;

(b) the company has a contractual obligation to retain the data (providing that such contractual obligation is not overridden by any legal obligation to delete the data); and/or

(c) the retention of the data is reasonably required for the establishment, exercise or defence of any legal claims (providing that such requirement is not overridden by any legal obligation to delete the data).

4. Default archiving and deletion methods

4.1 Data must be archived by the company specify methods, save to the extent that specific archiving methods are provided for in schedule 1 (Data retention periods).

4.2 Data must be deleted by the company specify methods, save to the extent that specific deletion methods are provided for in schedule 1 (Data retention periods).

5. Reviewing and updating this policy

5.1 Information Security Manager or it’s delegate shall be responsible for reviewing and updating this policy on an annual basis.

5.2 This policy must also be reviewed and updated on an ad hoc basis if reasonably necessary to ensure:

(a) the compliance of the company with applicable law, codes of conduct or industry best practice;

(b) the security of data stored and processed by the company; or

5.3 The following matters must be considered as part of each review of this policy:

(a) changes to the legal and regulatory environment;

(b) changes to any codes of conduct to which the company subscribes;

(d) any new data collected by the company;

(e) any new data processing activities undertaken by the company; and

(f) any security incidents affecting the company.

SCHEDULE 1 (DATA RETENTION PERIODS)

1. Introduction

1.1 This schedule 1 sets out the methods to be used by the company when archiving and deleting Personal Customer data (including PII) and the periods during which data must be archived and deleted by the company.

2. Customer data: retention, archiving and deletion

2.1 In this policy, "customer data" means any Customers and Customers’ Patients data including but not limited to customer identity details (PII), customer identity evidence and customer contact details.

2.2 Customer data is stored by the company in the following databases: for each geographical data centre where Physitrack application data is stored, Customer data will be stored in SQL-based database management systems, configured in a high-availability pattern.

2.3 Customer data must be archived daily.

2.4 Customer data must be deleted 30 days after Contract termination. Within this period the Data Controller is obliged to extract any data if needed.

2.5 Customer data must be deleted by deleting the backups from the storage medium after one year post Contract termination.

Last updated 8 August 2022

Data retention

How long will you use my personal data for?

We will retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any contractual, legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are available in our Data Retention Policy https://www.physitrack.com/data-retention-policy Once the appropriate retention period has expired we will erase your data securely.

In some circumstances you can ask us to delete your data: see section ‘Your legal rights’ of this Policy 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.

EU Representative

Our representative within the EU with respect to our obligations under European data protection law is Physiotools Oy incorporated and registered in Finland with company number 0491074-9 whose address is Kehräsaari B, 5th Floor, 33200 Tampere, Finland. Email: data.protection@physiotools.com

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 could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you and to follow certain procedures to help us verify the request, confirm your identity, and ensure your right to access your personal data (or to exercise any of your other rights). The verification steps we take may differ depending on your country of residence and the request. We will match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it in accordance with applicable law. If we cannot verify your request, we may ask you for additional information to help us verify your request. 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 will respond to your request within the time period required by applicable law. We try to respond to all legitimate requests within one month. Occasionally it could 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.

Considerations in the United States

Identifiable Patient information in the United States is treated as Protected Health Information (as defined at 45 C.F.R. § 160.103) (“PHI”) regulated by the U.S. Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). PHI is handled by us in accordance our HIPAA business associate agreements (“BAAs”) with the relevant Health Practitioners.

In the United States, we use and retain any PHI that we receive as a processor to provide and improve the Services and our products and services to the extent permitted by HIPAA and applicable agreements with our customers. We use and disclose PHI in accordance with HIPAA and applicable BAAs.

In the United States, we also may disclose PHI in accordance with HIPAA and the applicable BAAs or as directed by you. You are solely responsible for any disclosure of your personal data that you initiate using the Services.

Considerations in Australia

If the Australian Privacy Act 1988 (Cth) (Privacy Act) applies to the handling of your personal data, this clause will apply.

In this Privacy Policy, any references to “Special Categories of Personal Data” are taken to be references to “sensitive information” as set out in the Privacy Act. We will collect, use or disclose sensitive information about you only as permitted by law, for example where we have received your consent to do so or the collection is required or authorised by law.

For the purposes of clause 7 (International Transfers) of this Privacy Policy, we may transfer your personal data to overseas recipients (i.e. outside Australia) as set out under the list of Physitrack's Third Party Vendors (sub-processors) which can be found here https://support.physitrack.com/article/721-what-types-of-data-are-stored-by-physitrack.

Considerations in New Zealand

If the New Zealand Privacy Act 2020 (NZ Privacy Act) applies to the handling of your personal data, this section will apply.

We will also comply with the New Zealand Health Information Privacy Code 2020 (HIP Code) when collecting your health information.

We will collect personal data directly from you unless (i) you have authorised the collection of personal data from a third party, (ii) it would not prejudice you for collection to occur through a third party, (iii) collection from you would prejudice the purpose of collection, or (iv) it is not reasonably practicable to collect from you and the information will not be used in a form whereby you are identifiable.

For the purposes of section 7 (International Transfers) of this Privacy Policy, we may transfer your personal data to overseas recipients (i.e. outside New Zealand) located in the countries as set out under the list of Physitrack's Third Party Vendors (sub-processors) which can be found here https://support.physitrack.com/article/721-what-types-of-data-are-stored-by-physitrack.

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

THIRD PARTIES

YOUR LEGAL RIGHTS

Depending on where you live, you may 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:

If you want us to establish the data's accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
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.
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please contact by email: dpo@physitrack.com.

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.

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If you or your practice are based in the United States, then the US version of our Terms of Service and the US version of our End User Terms apply to you.
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If you or your practice are not in the United States, then the outside USA version of our Terms of Service and outside USA version of our End User Terms apply to you.

Manufacturer's Name:

Physitrack PLC

Registered Trademark:

Physitrack

Manufacturer's Address:

Bastion House, 6th Floor
140 London Wall
London EC2Y 5DN
United Kingdom

Name of Device:

Physitrack Software Platform

Classification:

Class: I (according to Medical Devices Directive (93/42/EEC)

Conformity Assessment Route:

Physitrack PLC applied the procedures for the CE-labelling of the product in accordance with the Council Directive 93/42 (EEC) and Medical Devices Regulation (EU) 2017/745

GMDN Code:

Self-care monitoring/reporting software - 58884

We hereby declare that the medical device (Software) specified above meets the provisions of the Council Directive No. 93/42/EEC for Medical Devices and issued under the sole responsibility of Physitrack PLC.

The Software as medical device covered by the present EU declaration is in conformity with the (EU) MDR 2017/745.

All supporting documentation for this EC Declaration of Conformity is retained in the document management system of the manufacturer.

Breht McConville
Chief Compliance Officer
Physitrack PLC

Please note that if you are reading a translated version of this policy, the text of the English version of this policy prevails.