GDPR

This Privacy Policy explains nature, scope, and purpose of the processing of personal data (hereinafter: "Data") in connection with the operation of our app.

Controller

Mindpax GmbH
Äußere Nürnberger Str. 62, 91301 Forchheim

E-Mail: info@mindpax.me

Managing Directors: Pavel Nevický and Kateřina Lesse

Contact Data Protection Officer: Kateřina Lesse, Data Protection Officer, Äußere Nürnberger Str. 62, 91301 Forchheim, E-Mail: katerina.lesse@mindpax.me

If you have questions about our privacy policy, processing in general, or the processing of your data, please contact us as above.

Definitions

Terms such as "personal data," "processing," "pseudonymisation," "profiling," "controller," "processor" as well as any other terms according to Art. 4 GDPR have the same meaning as defined in the GDPR.

Legal basis for processing

When processing your personal data in the context of the purposes set out in this Policy, we may, depending on the circumstances, rely on one or more of the following legal bases:

  • We have previously obtained your explicit consent to processing (this legal basis will be used only in relation to processing that is entirely voluntary - it will not be used for processing that is in any way necessary or compulsory);
  • The processing is necessary in connection with a contract you conclude with us;
  • The processing is required by law;
  • The processing is necessary to protect the vital interests of a person; or
  • We have a legitimate interest in carrying out the processing for the purpose of managing, operating, or promoting our business and this legitimate interest will not be invalidated by your interests, fundamental rights, or freedoms.

Types of processed personal data

  • Email address.
  • Content data (e.g. text entries about life events, list selection of medication).
  • Activity data from wrist-worn sensor.
  • Mood diary (questionnaires related to symptoms of bipolar disorder)
  • Meta/communication data (e.g. device information, IP addresses, browsing history in app).

Special categories of personal data processed

Health data, processing based on Art 9 (2) (a) GDPR consent.

Categories of data subjects

Visitors and users of the app (hereinafter, data subjects in general will also be called "Users").

Purpose of processing

  • Create an account in the app.
  • Provision of the app as well as the respective functions and contents.
  • Answering contact inquiries and communication with users.
  • Security measures.
  • Processing for calculation of sleep and activity measures
  • Answering support requests.
  • Establishment, execution and termination of purchase or service contracts.
  • Internal anonymous aggregated Studien.

Processing of special personal data

  • We will not attempt to collect or otherwise process your special personal information except when:
  • The processing is required or permitted by law (e.g. to fulfill our reporting obligations on diversity);
  • The processing is necessary for the detection or prevention of crime (including the prevention of fraud, money laundering, and terrorist financing);
  • The processing is necessary to establish, exercise, or defend rights; or
  • We have previously, in accordance with applicable law, obtained your explicit consent to processing (as mentioned above, this legal basis is used only in relation to processing that is entirely voluntary - it is not used for processing that is in any way necessary or compulsory).

Special categories of personal data are processed in detail

  • To adapt the monitoring to the patient.
  • To remind the patient to carry out the monitoring.
  • To store the progress within the monitoring.
  • Individualization of the monitoring.
  • Improvement of the product.

Sources of data collection

All data is collected directly from the end user about the use of the app. When filling out feedback or self-test forms or at the end of an exercise, this information is transmitted to the Mindpax server via an encrypted TLS connection and stored in an appropriately secured database.

Further information about the app

Finally, our app can use push notifications to send you notifications.

When you use the app for the first time, you will be asked if you want to activate these functions in your settings menu. If you do not enable or later disable these features, you may not be able to take full advantage of the app.

The information you provide when setting up your account in the app may include your name, user name, email address, gender, weight, and details of your condition. When you register for an account with us, you also have a unique password with which you can access your account.

Security measures

We have taken appropriate technical and organizational security measures in accordance with Art. 32 GDPR, taking into account the state of technology, implementation costs as well as nature, scope, circumstances and purposes of the processing and the different likelihood and severity of any risks to the rights and freedoms of natural persons, to protect your personal data against unintentional or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and any other unlawful or unauthorized forms of processing under applicable law.

Such measures include in particular, ensuring confidentiality, integrity and availability of data by controlling physical access to the data, as well as the relevant access, input, disclosure, security of availability and its separation. In addition, we have established procedures that ensure the exercise of the rights of data subjects, deletion of data and reaction to data risks. In addition, we take into account the protection of personal data when developing or selecting the hardware, software and procedures in line with the principle of data protection through technology design and data protection-friendly presettings (Art. 25 GDPR).

Cooperation with processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit data to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission, if you have given consent, if this is required by law or based on our legitimate interests (e.g. when involving third parties to host the servers, deliver e-mail contact forms as well as response to enquiries through the form).

If we commission third parties with the processing of data based on a so-called "processing contract," this will be done on the basis of Art. 28 GDPR.

Transmission into third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of using third-party services or disclosure or transmission of data to third parties, this will only be done to fulfill our (pre-)contractual obligations, based on your consent (with corresponding precise information and specifying those third countries), if required by law or based on our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 et seq. GDPR are fulfiled. This means that the processing is carried out e.g. on the basis of specific guarantees, such as the officially recognized level of data protection corresponding to that of the EU (e.g. for the US through the 'Privacy Shield') or compliance with officially recognized special contractual obligations (so-called 'standard contractual clauses').

Please note that the level of data protection of such third countries is lower than the level of protection of the European Union.

Rights of data subjects

You have the right to request confirmation as to whether relevant data are being processed and to request information about such data as well as further information and a copy of the data pursuant to Art. 15 GDPR.

Pursuant to Art. 16 GDPR you have the right to request completion of the data concerning you or correction of any incorrect data concerning you.

Pursuant to Art. 17 GDPR, you have the right to request that the relevant data will be deleted immediately or, alternatively, pursuant to Art. 18 GDPR, to request a restriction of the processing of data.

You have the right to request provision of the data concerning you that you have provided to us pursuant to Art. 20 GDPR and to request their transfer to other controllers.

You also have the right to file a complaint with the competent supervisory authority pursuant to Art. 77 GDPR.

Contact – Bavarian Data Protection Authority

Bavarian Data Protection Authority (BayLDA)
Promenade 27
91522 Ansbach, Germany

Phone: +49 (0) 981 53 1300
Fax: +49 (0) 981 53 98 1300
E-Mail: oststelle@lda.bayern.de

Website: www.lda.bayern.de

Right to withdraw

If certain data processing is based on your consent, you have the right to withdraw your consent at any time pursuant to Art. 7 (3) GDPR with effect for the future. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Right to object

You may object to the future processing of your data at any time pursuant to Art. 21 GDPR. Such objection may be made in particular against processing for direct marketing purposes (see also below).

Direct marketing

We use your information to communicate with you and to keep you informed about our activities and events and those of third parties in which you may be interested, and to make suggestions and recommendations to you and other users of our website and app about products or services that may interest you or them (direct marketing). Our goal is to send you only direct marketing directly related to the usage of the product. We provide this information to you by email (subject to your prior consent, if required by law), push notifications on our app, targeted ads on our app and third-party platforms, text, social media or telephone.

Deletion of data

The data processed by us will be deleted pursuant to Art. 17 and 18 GDPR or their processing will be restricted. Unless explicitly stated in this Privacy Policy, the data stored by us will be deleted once they are no longer required for their intended purpose and unless the deletion conflicts with any legal storage requirements. If the data are not deleted because they are required for other and legitimate purposes, their processing will be restricted. This means that the data will be blocked and not processed for any other purposes. This applies for example to data that must be kept for commercial or tax reasons.

Hosting

We use hosting services for the purpose of providing the following services: infrastructure and platform services, computing capacity, storage and database services, security services and technical maintenance services, which we use to operate this app.

We or our hosting provider process user data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this app, based on our legitimate interests in the efficient and secure provision of this app pursuant to Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR.

Collection of access data and log files

Based on our legitimate interests within the meaning of Art. 6 (1) (f) GDPR, we or our hosting provider collect data on every access to the server where this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address, and the requesting provider.

Data that need to be retained further for evidence purposes are exempted from deletion until final clarification of the respective incident.

Kontakt

When contacting us (for example, by contact form, e-mail, telephone, or via social media), the user's information will be processed to process the contact request pursuant to Art. 6 (1) (b) GDPR. The user's information may be stored in a customer relationship management system ('CRM System') or a comparable request organization.

We delete inquiries once they are no longer required. We check the necessity every two years; in addition, the legal archiving obligations apply.

Integration of services and contents of third parties

Based on our legitimate interests (i.e. interest in analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) (f) GDPR), we use content or services offered by third-parties in our online offer in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as 'content').

Data collection by payment service providers based on our legitimate interests (i.e. interest in secure, efficient and practicable payment processing)


Verze: 01.01

Datum: 24. 9. 2019

Dokument: Privacy Statement for our Apps (EU and non-US countries)