Ethypharm Digital Therapy UK Privacy Policy
WHO WE ARE
We are Ethypharm Digital Therapy UK, the UK branch of Ethypharm Digital Therapy SAS, a private limited company registered in France. The registered address of our UK branch is Bampton Road, Harold Hill, Romford, RM3 8UG, England (EDT/we/us/our).
EDT is the controller and is responsible for your personal data. This Privacy Policy explains how we collect, maintain, use, disclose and otherwise process information about identifiable individuals – termed personal data in data protection law, when you visit our website at www.deprexis.co.uk (Website) in order to purchase and gain access to the personalised mental health therapy product known as deprexis®.
We are committed to keeping data safe and respecting the privacy of individuals.
Ethypharm Digital Therapy SAS is a distributor of the deprexis® product which is manufactured by GAIA AG. GAIA AG is registered in Germany at: Hans-Henny-Jahnn-Weg 53, 22085 Hamburg, Germany.
This privacy policy does not apply to any other websites that you may be able to access via this Website and/or activities offered by third parties. Please ensure that you review any relevant policies on any other or third party websites before proceeding, particularly those of GAIA AG.
The terms of your use of deprexis® and the way your personal data is processed when using deprexis® are governed by and subject to GAIA AG’s terms of use (accessible here ) and GAIA AG’s Privacy Policy which is applicable to the therapeutic elements of the service provided to you. This can be viewed and downloaded from: https://deprexis.broca.io/en/agb-user
We are not responsible for the collection or use of your personal data from third party websites, and in particular for the use of your data by GAIA AG.
Our contact details
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 as set out below, please contact the DPO using the details set out below.
If you wish to get in touch with EDT please send an email to: dpo-uk@ethypharm-digital-therapy.com, or contact us at the registered address of our UK branch set out above.
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 as follows:
- Identity Data includes first name, last name.
- Contact Data includes billing address, email address and mobile telephone number.
- Health Data includes information about your health inferred from your request to purchase deprexis®.
- Financial Data includes credit or debit card details and account number, and any other personal data required to facilitate your payment.
- Profile Data includes your access code and any feedback you may provide as a result of using the Website and being provided with access to deprexis®.
We may also collect, use and share Aggregated Data such as statistical or demographic data 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 directly or indirectly reveal your identity. 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.
The only health data we collect about you is the inference we may make about your health from the fact that you have purchased deprexis®. Health data is referred to as a Special Category of Personal Data. We do not collect any other Special Categories of Personal Data about you (for example details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership or biometric data). Nor do we collect any information about criminal convictions or offences.
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 access to deprexis®). In this case, we may have to cancel a contract you have with us but we will notify you if this is the case at the time.
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 by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- purchase and request access to deprexis®
- give us feedback or contact us. - By a healthcare professional. If you are prescribed deprexis® by a healthcare professional, the healthcare professional will provide us with the following information about you:
- email address;
- telephone number.
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 or the healthcare professional (if applicable) has obtained your explicit consent.
- 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.
See below to find out more about the types of lawful basis that we will rely on to process your personal data.
Where we rely on your explicit consent, you have the right to withdraw such consent at any time by contacting us.
Purposes for which we will use your personal data
We collect personal data about our customers and patients so that we can provide the services to them that we have agreed to provide. We collect limited personal data about the individual contacts at those healthcare and other organisation or contractors we work with.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, 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 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.
|
Data subjects |
Data categories |
Purpose of processing |
Lawful basis for processing including basis of legitimate interest |
|---|---|---|---|
| Patients and direct customers | - Identity Data (direct customers only) - Contact Data - Health Data - Profile Data |
To register you as a new customer and provide you with an access code to deprexis® |
Performance of a contract with you where you purchase deprexis® and related services Necessary for our legitimate interests (to fulfil our contract with the healthcare professional where providing an access code to a patient they have purchased deprexis® for) We also obtain your explicit consent to process your special category data (data relating to your health inferred by your use of deprexis®). |
| - Identity Data (direct customers only) - Contact Data - Financial Data (direct customers only) |
-To process your order including: (a) Manage payments, fees and charges (b) to provide you with an access code for deprexis® |
Performance of a contract with you where you purchase deprexis® and related services. Necessary for our legitimate interests (to fulfil our contract with the healthcare professional where providing an access code to a patient they have purchased deprexis® for) |
|
| Patients, Direct Customers, Contacts at Health Authorities, Health Agencies or Contracting Groups for Our Services | - Identity Data - Contact Data - Profile Data |
To manage our relationship with you which will include: |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated) |
| - Identity Data - Contact Data - Profile Data |
To further develop and improve our Website, software and services | Necessary for our legitimate interests (to develop and improve our services) | |
| Patients, Direct Customers and any other visitors to and users of our Website and online services | - Identity Data - Contact Data - Profile Data |
To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
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.
Who might we share your information with?
We may share your personal data with GAIA AG solely to the extent required to flag and resolve any issues or report any complaints relating to deprexis®. The terms on which we would, in limited circumstances, share your personal data with GAIA AG are set by a data sharing agreement entered into between us and GAIA AG, non-confidential details of which we can provide to you on request.
We may be required to share your personal data to comply with our various legal obligations and to assist with law enforcement, e.g. fraud and serious crime.
We may share some personal data as specified in the contracts we sign but will ensure that we have your permission or another clear legal basis before sharing data.
We may share some personal data with the other members of our group of companies that we have shared services with.
We may also share personal data with third party service providers which we utilise to deliver our services for example our payment facilitator, Global Clearinghouse Systems. These third parties operate under strict contractual terms and provide state of the art security. 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.
In the event that we sell or reorganise our business we may transfer the personal data that we hold to a new provider but we will ensure that your interests are protected if we do so.
International Transfers and where is my data going to be stored?
Your personal data processed by EDT is stored by Microsoft Corporation in the Netherlands and managed by Oceanet Technology in France. Oceanet Technology is registered at: 2 Imp. Joséphine Baker, 44800 Saint-Herblain, France. Microsoft Corporation is registered at: One Microsoft Way, Redmond, WA 98052-6399, USA.
Any personal data shared with and processed by GAIA AG in accordance with their privacy policy is stored and managed by GAIA AG. GAIA AG is registered in Germany at: Hans-Henny-Jahnn-Weg 53, 22085 Hamburg, Germany.
These partners provide data management services to accredited recognised security standards. In addition our contracts prohibit data being used for purposes other than those we specify.
Since some of our external third parties with whom we store or may share your personal data are based in Europe so their processing of your personal data will involve a transfer of data outside the UK.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it as we will only transfer your personal data to countries that are in Europe or have been deemed to provide an adequate level of protection for personal data.
Please contact us if you want further information regarding international data transfers.
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.
How long will we keep your data for?
We will keep your personal data only for as long as required in order to achieve the purposes for which it was gathered.
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.
| Data subjects | Data retention |
|---|---|
| Patients and direct customers | For as long as reasonably required for the processing of the service, required by law or our contractual obligations (whichever is the longest) |
| Health Authorities, Health Agencies or Contracting Groups for Our Services | For as long as the data is relevant to our business and continued relationship and for up to six years after termination of any contract or business relationship |
Your Rights
Data Protection law provides you with a number of rights which EDT will fully support.
Right of Access
If you would like to know what personal data we hold about you and to obtain a copy of that data please contact us by email with your request. We may have to seek confirmation of your identity to ensure a request is genuine.
Right to Rectification
If you notice that the data we have about you is inaccurate or incomplete, you may request by email that we rectify the mistake. We will make every effort to respond to requests of this type immediately though we may need to verify the accuracy of the new data you provide to us.
Right to Erasure
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.
The Right to Objection
The right to object is a basic freedom all democracies enjoy. If you wish to object to the way we use, or may use, your personal data you may do so freely 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. Please contact us.
The Right to Restriction
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.
The Right to Portability
This is a legal right afforded to you that states we must pass on all of the details you have provided to us in a machine-readable format, either to you or to another provider of your choosing. Please contact us via email.
The Right to 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 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 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.
The Right to Complain
We will always try to maintain the highest standards and encourage the confidence our customers have in us as an organisation. In order that we can achieve this we do request that any complaints be first brought to our attention so we can properly investigate matters and where possible rectify the situation.
If however you would like to complain about EDT to a supervisory authority you may do so by contacting the Information Commissioners Office on 0303 123 1113, or anyone of the other reporting methods listed on their website: https://ico.org.uk/concerns or if you are based within the European Economic Area (EEA) you can also complain to your local supervisory authority (as applicable). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
LAWFUL BASIS DEFINITIONS
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.
Explicit consent means a specific, informed and unambiguous indication of your wishes, which you have freely given and affirmed in a clear statement (whether oral or in writing).
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 23 May 2022.
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.