Privacy Policy

Welcome to Physitrack's Privacy Policy.

‍

Physitrack respects your privacy and the protection of your personal data. This Privacy Policy will inform you as to how we and our group companies collect, process, and secure your personal data when users visit our websites or use our online Services, including our platform and mobile applications (collectively, the “Services”) (regardless of where you visit them from) and tell you about your privacy rights and how the law protects you. Users of our Services can be health practitioners or patients of the health practitioners, unless otherwise specified.This Privacy Policy 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 policy.

‍

‍

1. [IMPORTANT INFORMATION AND WHO WE ARE] 

2. [THE DATA WE COLLECT ABOUT YOU AS CONTROLLER] 3. [THE DATA WE COLLECT ABOUT YOU AS PROCESSOR] 

4. [HOW IS YOUR PERSONAL DATA COLLECTED?] 

5. [HOW WE USE YOUR PERSONAL DATA] 

6. [DISCLOSURES OF YOUR PERSONAL DATA] 

7. [INTERNATIONAL TRANSFERS] 

8. [DATA SECURITY] 

9. [DATA RETENTION] 

10. [EU REPRESENTATIVE] 

11. [YOUR LEGAL RIGHTS] 

12. [CONSIDERATIONS IN THE UNITED STATES] 

13. [CONSIDERATIONS IN AUSTRALIA] 

14. [CONSIDERATIONS IN NEW ZEALAND] 

15. [GLOSSARY]

‍

1. Important information of who we are

Purpose of this Privacy Policy

‍

This Privacy Policy aims to give you information on how Physitrack and our group companies collect, processes, and secures your personal data through your use of our services, including any data you may provide when you sign up to our newsletter or when you participate in any free trial or demo.

The categories of data subjects that this Privacy Policy is intended to apply to are: 

• Health Practitioners who provide health care services as a business (either individually or as a legal entity), who access our Services and to whom we provide Services directly;
•  Representatives of corporate Health Practitioners such as employees or other staff, who access our Services on behalf of their employer to whom we provide services; 
• Patients of a Health Practitioner who access our services as part of their treatment by a Health Practitioner; and 
• Students of educational institutions that are part of Physitrack’s academic discount program and who use Physitrack in the course of their studies at said educational institution. 
• Companies who provide services as a business and provide its customers access to our Services

Data subjects are collectively referred to as “Users,” “you,” or “your” in this Privacy Policy. 

It is important that you read this Privacy Policy together with any other Privacy Policy or fair processing policy 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 Policy supplements other notices and privacy policies and is not intended to override them. 

‍

Controller

Physitrack PLC and/or our group companies are the controller and responsible for your personal data (collectively referred to as "Physitrack", "we", "us" or "our" in this Privacy Policy) when we determine the purposes and means of the processing of your personal data. We are the processor when we process your personal data on behalf of the controller. We act as both a controller and processor of your personal data as described below. 

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise [your legal rights], please contact the DPO using the details set out below.

‍

‍

Contact details

If you have any questions about this Privacy Policy our privacy practices, please contact our DPO in the following ways: 

Name of DPO: Michał Lewandowski 

Full name of legal entity: Physitrack PLC. 

Email address: dpo@physitrack.com 

Postal address: 6th Floor, 125 London Wall, London EC2Y 5AS, United Kingdom 

You have the right to make a complaint at any time to the applicable data protection regulator or authority in your country, including the Information Commissioner's Office (ICO) in the UK the Privacy Commissioner of Canada (www.priv.gc.ca), and the Privacy Commissioner of New Zealand. We would, however, appreciate the chance to deal with your concerns before you approach the data protection regulator or authority, so please contact us in the first instance. 

‍

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 31 July 2024. We may make changes to this Privacy Policy from time to time and the revised version will be effective when it is posted. If we make any material changes, we will let you know through the Services, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. 

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

Our services 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 Policy of every website you visit.

‍

2. The data we collect about you as the controller

Personal data, or personal information, means information that identifies, relates to, or describes, directly or indirectly, a particular individual which is related to an identified or identifiable natural person. It does not include data where the identity has been removed and which cannot be used or reconfigured to identify you (anonymous data). 

We may collect, use, store and transfer different kinds of personal data about you as the controller (for the purposes set out in section 5 below), which we have grouped together as follows:

Health Practitioners

•  Identity Data includes your first name and last name. 
• Contact Data includes your billing address, delivery address, email address and telephone numbers. 
• Customer Relationship Data includes the name of your business or employer, your job title or role, your contact details, your classification / categorisation within our customer relationship management system and information contained in or relating to communications between us and you, or between us and your employer.

• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us. 
• 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 the services or receive our email. 
• Profile Data includes your API token, password, email address, account creation and modification dates, website settings, your interests, preferences, feedback and survey responses. 
• Usage Data includes information about how you use our Services, emails, products, and services, and your preferences. 
• Marketing and Communications Data includes your preferences and consent in receiving marketing such as our newsletter. After you initially provide consent, you can opt out of marketing communications at any time by ticking any opt out box provided or by contacting us at support@physitrack.com. 
• Financial Data includes information about you, including but not limited to, bank account and/ or credit card details provided and financial balance sheets invoice details and other forms of company accounts (where it contains personal data). 
• Service Data includes data provided by you for the purpose of facilitating the Services and data generated in connection with your use of the Services including but not being limited to; analytics data, statistics data and performance data. 

Patients (and Students)

• Usage Data includes information about how you use our Services, products, and your preferences.
• Contact Data includes your email address. 
• Identity Data includes first name, last name, student ID. 
• Health Data includes access code, exercise programs, Outcome Measures, messages feedback, video call log, video call audio, adherence details, diagnosis code, custom exercise videos and images 
• 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 the services or receive our email. 

We also collect, use and share Aggregated Data such as statistical or demographic data about groups of individuals 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 and could not be used to directly or indirectly identify you. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific services 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. 

We do not collect any Special Categories of Personal Data about you as the controller (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). Nor do we collect any information about criminal convictions and offences. We may, however, act as a processor of some Special Categories of Personal Data as described below in Section 3 (The data we receive about you as the processor).

‍

‍

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 with goods or services). 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. The data we collect about you as the processor

Health Practitioners’ Privacy Practices. We act as a processor to Health Practitioners’ and we collect data on their behalf. Therefore, our use and disclosure of information, including personal data, is limited by our agreements with them. This Privacy Policy does not reflect the privacy practices of the Health Practitioners, and we are not responsible for Health Practitioners’ privacy policies or practices. We do not review, comment upon, or monitor Health Practitioners’privacy policies or their compliance with their respective privacy policies, nor do we review Health Practitioners’ instructions with respect to our processing of information to determine whether such instructions are in compliance or conflict with the terms of the Health Practitioners’ published privacy policy. 

We may act as processor of some personal data of Patients not listed in Section 2 above, including Special Category Personal Data such as information we receive from you and your Health Practitioner like which exercises have been assigned to you and your adherence to a particular exercise program. Our legal obligations as a processor are instead set out in the contract between us and the relevant controller and applicable privacy obligations applied, are agreed between you and your Health Practitioner. With regards to retention and erasure, in accordance with data protection laws, the controller will be given the option to have the personal data either returned or deleted upon termination of the contract. If we do not hear from the controller on this point within 30 days of contract termination, we will permanently delete the personal data from our database in accordance with the Physitrack Data Retention Policy which can be accessed via https://www.physitrack.com/data-retention-policy. 

‍

4. 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, Contact and Financial Data of our customers (where it contains personal data) by filling in forms or by corresponding with us by post, phone, email, via our AI Chatbot, via our AI Co Pilot tool if you are a clinician or by other means. This includes personal data you provide when you:

• apply to use our products or services; 
• create an account on our services; 
• subscribe to our service or publications; 
• request marketing to be sent to you; 
• request further information from us 
• interact with our AI chatbot or AI Co pilot search tool. 
• enter a competition, promotion or survey; or 
• give us feedback or contact us. 

Automated technologies or interactions. As you interact with our services, our AI tools (to include AI Chatbot and AI Co-pilot) and our emails, we (and our third-party partners) will automatically collect Technical Data about your equipment, browsing actions and patterns. We (and our third party partners) collect this personal data by using cookies, server logs, artificial intelligence and other similar technologies. 

Please see our cookie policy for further details about cookies and similar technologies 

Third parties. We will receive personal data about you from various third parties as set out below: 

• Contact, Financial and Transaction Data from providers of technical, payment and delivery services, such as Adyen (Netherlands) and Chargebee (United States). 
• Identity and Contact Data from publicly available sources such as LinkedIn. 
• Personal data provided to us by Health Practitioners and others in our role as processor 

5. How we use your personal data

We will use your personal data for internal and service-related purposes, including in the following circumstances: 

• Where we need to perform the contract we are about to enter into or have entered into 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 obligation. 

Please see section 15 (Glossary) of this Policy to find out more about the types of lawful basis that we will rely on to process your personal data. 

In limited circumstances, and where required by law, we will obtain and rely on consent as a legal basis for processing your personal data.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of the ways we plan to use your personal data as the controller, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate. 

Note that we may process your personal data based on 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 grounds we are relying on to process your personal data where more than one ground has been set out in the table below.

‍

Use of personal data as processor

We use personal data received through the Services as a processor for internal and service-related purposes as permitted by our contracts with Health Practitioners for which we process the personal data. This use includes extracting, analysing, communicating, reporting, and documenting Patient personal data, Health Practitioner recommendations, and other related Health Practitioner-Patient discussions.

‍

Applicable to Health Practitioners only:

Marketing and Promotional offers from us 

You may receive our monthly newsletter from us or on our behalf if you have opted-in to receive this information from us. 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established personal data control mechanisms which will be embedded in all marketing communications you receive, and you will be able unsubscribe from receiving these messages by following the prompts in the Platform or at any time through by emailing support@physitrack.com. 

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 services and offers may be relevant for you (we call this marketing). 

Cookies

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 the Services may become inaccessible or not function properly. For more information about the cookies we use, please see https://www.physitrack.com/cookie-policy.

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 directly related to, the original purpose. If you wish to get an explanation as to how the processing for the new purpose is directly related to 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 and will obtain your express prior consent. 

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. 

‍

6. Disclosures of your personal data

We may share your personal data for business and commercial purposes, such as operating the Services, with the parties set out below for the purposes set out in the table above: 

Health Practitioners who use the Services to collect and process your personal data. 

Service providers acting as processors who provide IT, hosting and system administration services identified at https://support.physitrack.com/subprocessors. 

Affiliates as a controller and/or processor for business and commercial purposes. 

Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services. 

HM Revenue & Customs, regulators and other governmental authorities who require reporting of processing activities in certain circumstances. 

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 policy. 

We require all third parties who are processors to respect the security of your personal data and to treat it in accordance with the law. We only permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions. 

International transfers

7. International Transfers to external third parties

Where necessary, we may need to transfer your personal data to another country to enable us to provide you with our Services, for marketing purposes and for customer relationship management purposes. Many of our external third parties are based outside the country in which you reside so their processing of your personal data may involve a transfer of data outside of the country in which you reside. 

How we safeguard personal data when we transfer it internationally 

Whenever we transfer your personal data out of your country, we take reasonable steps to ensure a similar degree of protection is afforded to it by using at least one of the following safeguards: 

1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data under applicable law; or

2. Where we use certain service providers, we may use specific contracts approved for use in your country which give personal data the same protection it has in your country. 

For further details of the specific mechanisms we rely on where we transfer your data internationally, please see 

https://support.physitrack.com/article/721-what-types-of-data-are-stored-by-physitrack

8. Data security

We have put in place reasonable security measures designed to meet the requirements of applicable law and to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Although we make efforts to secure your personal data, we cannot guarantee the safety of any personal data you transmit to us online. In addition, we strive to 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.

9. 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. 

10. 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

‍

11. 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.

‍

‍

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.

12. 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. 

13. 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. 

14. 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. 

‍

15. 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 

Third Party means any natural person or legal entity which is not part of the Physitrack group, but which Physitrack has a contractual engagement with for the purposes of receiving services. 

‍

‍