Effective date: May 2021
Pulse Health Systems Ltd (“us”, “we”, or “our”) operates the Pulse Health mobile application and Pulse Health website (https://www.pulsehealth.co.uk) (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the Pulse Health mobile application operated by Pulse Health Systems Ltd
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
· Email address
· First name and last name
· Phone number
· Organisation Name
· Designation (Job Title)
· Site (location)
· Phone number – (not displayed within directory)
· Bleep number
· Professional registration number (including but not limited to General Medical Council, Nursing and Midwifery Council)
· Professional Interests
· Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
When you access the Service with a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data (“Usage Data”).
Tracking & Cookies Data
· Session Cookies. We use Session Cookies to operate our Service.
· Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
· Security Cookies. We use Security Cookies for security purposes.
· Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
Use of Data
Pulse Health Systems Ltd uses the collected data for various purposes:
· To provide and maintain our Service
· To notify you about changes to our Service
· To allow you to participate in interactive features of our Service
· To provide customer support
· To gather analysis or valuable information so that we can improve our Service
· To monitor the usage of our Service
· To detect, prevent and address technical issues
· To provide a nhs.net global address book
· To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)
We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it is not overridden by your rights
To comply with the law
Retention of Data
Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside and choose to provide information to us, please note that we transfer the data, including Personal Data, to and process it there.
Disclosure of Data
Pulse Health Systems Ltd may disclose your Personal Data in the good faith belief that such action is necessary to:
· To comply with a legal obligation
· To protect and defend the rights or property of Pulse Health Systems Ltd
· To prevent or investigate possible wrongdoing in connection with the Service
· To protect the personal safety of users of the Service or the public
· To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Direct Care and Indirect Care
Explicit consent under the GDPR is distinct from implied consent for sharing for direct
care purposes under the common law duty of confidentiality. The GDPR creates a lawful
basis for processing special category health data when it is for the provision of direct care
that does not require explicit consent. Clients (data controllers) must establish both a lawful
basis for processing and a special category condition for processing:
- The lawful basis for processing special category health data for direct care is that processing is: ‘necessary… in the exercise of official authority vested in the controller’ (Article 6(1)(e)).12. It is also possible for the client (data controller) to rely on ‘processing is necessary for compliance with a legal obligation to which the controller is subject’ (Article 6(1)(c).13
- The special category condition for processing for direct care is that processing is: ‘necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services…’ (Article 9(2)(h)).
- In addition to a GDPR Article 9 condition for processing, it is also necessary to identify an additional condition in Schedule 1 of the DPA 2018. For the provision of direct care the relevant condition is ‘Health or social care purposes’ (Schedule 1, Part 1 (2)).
Under Articles 6(1)(e) and 9(2)(h) to share data for the provision of direct care,consent under GDPR is not needed. However, in addition to the GDPR, data controllersmust also satisfy the common law duty of confidentiality. In order to satisfy the commonlaw data controllers can continue to rely on implied consent to share confidential healthdata for the provision of direct care.14 The most common example of when consent can beimplied is when a patient agrees to a referral from one healthcare professional to another.In these circumstances, when the patient agrees to the referral this implies their consentfor sharing relevant information to support the referral (unless the patient objects).The referral information can then be disclosed under GDPR using articles 6(1)(e) and 9(2)(h) as above.
For purposes other than the provision of direct care, GDPR sets out certain requirements in order forconsent to be valid.Consent must be ‘freely given, specific, informed and an unambiguousindication of the data subject’s agreement’. Consentmust meet the following four criteria:
- Where there is a legal requirement to disclose, for example, a direction under the Health and Social Care Act 2012 or disclosures under public health legislation, the lawful basis for processing would be:‘… for compliance with a legal obligation…’ (Article 6(1)(c)). In the majority of cases, the most appropriate special category condition for processing in the face of a legal requirement to disclose will remain as:16 ‘for the purpose of preventative…medicine…the provision of health or social care or treatment or the management of health or social care systems and services…’ (Article 9(2)(h)).
- When processing data for medical research the Article 6 lawful basis is 6(1)(e) ‘… for the performance of a task in the public interest…’ The special category condition is Article 9(2)(j) ‘…research purposes…’. Reliance on this Article 6 lawful basis and Article 9 condition means that explicit consent is not required for GDPR purposes, however, explicit consent or another legal basis is still required under common law – see section below on ‘dealingwith requests for confidential health data’.
- In addition to a GDPR Article 9 condition for processing, it is also necessary to identify
an additional condition in Schedule 1 of the DPA 18. For medical research the relevant
condition is ‘Research etc’ (Schedule 1 Part 1 (4)).
- Where there is a request for personal confidential data from an insurance company,
solicitor, or employer (or similar third party) the lawful basis and lawful conditionforprocessing will be explicit consent under both Articles 6(1)(a) and Article 9(1)(a).
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Pulse Health Systems Ltd aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
We process your dataand any additional personal data you send us on the legal basis of legitimate interest.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Pulse Health Systems Ltd relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyse the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Firebase is an analytics service provided by Google Inc.
We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245
For more information on what type of information Firebase collects, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.
AdMob by Google
AdMob by Google is provided by Google Inc.
You can opt-out from the AdMob by Google service by following the instructions described by Google: https://support.google.com/ads/answer/2662922
Links to Other Sites
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
· By email: firstname.lastname@example.org