Privacy Policy

January 18, 2024

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MDB Therapy LTD, 2 Station Road West, Oxted Surrey, RH8 9EP, UK
• For the purpose of the GDPR, the Company is the Data Controller.
• Health Research Study, A research study involving human volunteers (also called participants) that is intended to add to medical knowledge. 
• Application means the software program provided by the Company downloaded by You on any electronic device, named eWaveHub
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Service or parts of our Service.
• Service refers to the Application.
• Country refers to: United Kingdom
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• For the purpose of the GDPR, Service Providers are considered Data Processors.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Personal Data is any information that relates to an identified or identifiable individual.
• For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
• Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
• Device means any device that can access the Service such as a computer, a cellphone, watch or a digital tablet.
• Usage Data refers to 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).
• Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

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. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Date of birth
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through 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，such as:

IOS: includes the device model, operating system version, device Settings, unique device IDENTIFIER (IDFA), and software and hardware features.

Android: Includes the device model, operating system version, device Settings, unique device identifier OAID and ANDORID ID, and software and hardware characteristics.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Usage Data may also include information that qualifies you to participate in Health Research Studies.

Health Research Studies

We may partner with Academic Institutions or other Research Centers to help them recruit you for Health Research Studies. We may use Your Usage Data to determine if you qualify for a study but You decide if you would like to participate in the study or not. To enroll in any Studies, you must first review and sign an informed consent and authorization form (if applicable) ("Informed Consent") for the Study. By using our Application, you consent to the collection, use, and sharing of your information as described in this Privacy Policy and as outlined in the Informed Consent. To the extent anything in this Privacy Policy conflicts with the Informed Consent, the terms of the Informed Consent will control. 

Information Collected for Health Research Studies

When you download our Application, below are examples of the categories of information (which may include some personal information) that may be collected from or about You through Our Application ("Study Data"). The specific categories of information that will be collected about You as part of a Health Research Study will be described in the Informed Consent. We use the below information to qualify You for a Health Research Study but the data exchange of the Health Research Study itself is between You and the Researcher. This means that while the Researcher may be able to identify You individually. We will only know a total count of number of people who successfully enrolled in the study and analytics around it (For example, number of times We prompted qualified users to participate in the study). Again, even if We show You a banner within the App to participate in the study, You decide if you would like to participate in the study or not. We will never share your health data without your formal consent.

• Contact information such as your name, email address, and phone number.
• Demographic information, such as your age, gender, state of residence, and race.
• Medical history and information, such as your skin resistance measurement. This information may be collected through in-app measurement. Or your health condition information which may be collected through website survey.
• Technical data, which in many cases is non-personal information, i.e., data in a form that does not, on its own, permit direct association with any specific individual. Technical data includes, for example, information about your app usage (e.g., when an App was first launched), app version and installation ID, device identifier, and technical data about your device, such as operating system and model. 
• Adverse event information, such as a concern, adverse event, or other reportable matter arising in a Study.
• Other information, if any, described in the Informed Consent.

Health Data

We do not sell your Health Data. By using our Application, you consent to the collection, use, and sharing of your information as described in this Privacy Policy. 

Information Collected by the eWaveHub app

When you download our Application, below are examples of the categories of information (which may include some personal information) that may be collected from or about You through Our Application. 

• Login information such as your registration code. This information is used for registering your account on the eWaveHub app.
• Health Data such as skin resistance measurement. This information will be stored by our service outside the app.
• Technical data, which in many cases is non-personal information, i.e., data in a form that does not, on its own, permit direct association with any specific individual. Technical data includes, for example, information about your app usage (e.g., when an App was first launched), app version and installation ID, device identifier, and technical data about your device, such as operating system and model. 

Security of Your Health Data

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Other Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with your prior permission:

• Contact information such as your name, email address, and phone number.

We use this information to provide features of Our Service, to improve and customize Our Service. For example, we may publish within the app or through push-notification a survey link for better understanding a potential new feature, idea or a new Application idea. The information, for example, your response to the survey, may be uploaded to the Company's servers and/or a Service Provider's server or it be simply stored on Your device.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. We may contact you with surveys or other messages related to the Health Research Studies through in-app notifications, email, or otherwise.
• 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.
• To manage Your requests: To attend and manage Your requests to Us.
• To enroll you in a Health Research Study, including determining your eligibility for participation in the Study.
• To conduct, support and issue research findings and related reports for a Health Research Study that You agreed to participate in.
• To develop health-related products and improvement activities.

We may share your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to advertise on third party websites to You after You visited our Service, for payment processing, to contact You.
• For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

We do not have access to your health data when you are using the app by enrolled in a research project. The only time we have access to your Personal Health Data is when you enroll in the our website – MDBTherapy.com If you enroll in our MDBTherapy Service, You may delete your data at any time from within the MDBTherapy Website. Note: If you delete your data, you have 60 days to restore the health data. If you delete your account, Your account and all associated data is immediately and permanently deleted from our servers and will not be able to be restored.

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal 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 (for example: encryption at rest, in transit and data minimized collection and usage principles, etc.), We cannot guarantee its absolute security.

Customer and Technical Support Services

We use IONOS Cloud Ltd. services to provide customer and technical support.

• Our website is built on and hosted by IONOS
• We use our website mainly to provide educational content, learn about our product and services, FAQ, contact forms for support and links to download our app. 

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy.

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request access to Your Personal Data. 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. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please 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 Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
• Right to Restriction. We access your Personal Health Data only when using the MDBTherapy website Service, which is an optional service.
• Profiling. We do not engage in any type of Profiling.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You within 30 days.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data.

GDPR UK contact

• Company name: GDPR Local Ltd
• Address: GDPR Local Ltd 1st Floor Front Suite 27-29 North Street, Brighton England BN1 1EB
• Email: contact@gdprlocal.com
• Tel: + 441 772 217 800

• Denying goods or services to You
• Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
• Providing a different level or quality of goods or services to You
• Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

Mobile Devices

Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:

• "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
• "Limit Ad Tracking" on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. 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 anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will re-obtain your consent on our app if this Privacy policy changes.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: support@mdbtherapy.com