COGNITIVE IVF UK LTD
1. General provisions
1. 2 Personal data is any information relating to an identified or identifiable person, therefore you. All of the Services that we provide are designated to you as the user of our App, or person interested in the services of IVF.
2. Controller of the personal data
2. 1 The controller of your personal data is the Company, together with its parent company, ID No. 09608095, with its registered seat in Prague, Olivova 2096/4, Postal no. 110 00, Czech Republic (hereinafter referred to as “Cognitive IVF CZ”). The Company and Cognitive IVF CZ act jointly as a joint controllers in accordance with art. 26 of GDPR (joint controllers hereinafter referred to as “we”, “our”, “us”). Any data transfers between the Cognitive IVF CZ as a data exported and the Company as a data importer are based on the Decision on the adequate protection of personal data by the United Kingdom - General Data Protection Regulation.
2. 2 You may reach us directly at our e-mail [email protected] or on our address (hereinafter referred to as “Contact details”).
2. 3 Joint controllers have appointed an external data protection officer for you to contact if you have any questions or concerns about our personal data policies or practices. You may contact DPO at [email protected], telephone number +420 777 118 385, or at:
ARROWS advokátní kancelář s.r.o.
150 00 Prague
3. 1 Personal data - means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, surname, date of birth, location data, e-mail;
3. 2 Processing of personal data - means any operation or set of operations which is performed on your personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
3. 4 Processor - means a natural or legal person, public authority, agency or another body that processes personal data on behalf of the controller;
3. 5 Purpose - the reason why the controller is processing your personal data;
3. 6 Legitimate interest – the purpose of the controller, processor or other entity that are determined by Union or Member State law;
3. 7 Cookies – A cookie is a small piece of data (text file) that a website (Site) –when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. The cookies we use may be divided as those used by us as first-party cookies (technical cookies) which are necessary to provide you with the functionality of the Site and third-party cookies – which are cookies from a different domain (for advertising and marketing purposes). Read more about the Cookies policy
3. 8 Recipient – the person that receives the personal data;
3. 9 The third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data;
3. 10 Product, service – any product, course or service that we are providing for you;
3. 11 Main service – Main service is an App that connects applicants for in vitro fertilization with suitable IVF clinics as well as it allows the applicants to share the information about their health and fertility issues with the clinic they have chosen for the IVF cycle. The app also allows users to track data about their health information and procedures related to the IVF and further works as client´s decision support tool throughout the IVF healing process;
3. 12 Consent - freely given, specific, informed and unambiguous indication of your wishes, by a statement or by clear affirmative action, signifies agreement to the processing of personal data relating to you.
4. Data processed, purposes, method and period of time of processing the personal data
4. 1 Scope of data processed.
4. 1. 1 Sources of the personal data. We receive your personal data from various sources, which are in particular:
when you register on our Site or App;
when you apply for the Main Services on the Site or App;
when you use our Services (via Site or via E-mail or App).
4. 1. 2 Data collected. We only process such personal data that are provided to us from you via the sources as described above. In particular, we process the following personal data:
Account data: name and surname, e-mail, telephone number, the address of permanent residence, date of birth and state of nationality, gender, password or passcode, ID (for limited purposes);
Health data: you may choose to provide personal information about your health and well-being such as: weight, body temperature, menstrual cycle dates, various symptoms related to your menstrual cycle and health, other information about your health (including sexual activities), previous pregnancies, physical attributes, anamnesis with a focus on diseases that may affect the ability to conceive and deliver a child, well-being, and related activities, including personal life, sexual orientation;
Payment data: further, we process the information on your bank or credit card details, the Main services you have ordered, your payments, invoices with your personal details, etc.
Logged activities: You also may give us the ability to import into the App personal Data about your health and activities from third-party services such as Apple HealthKit, GoogleFit, Garmin connect, Strava etc. Such imported personal data may include sports activities, weight, calories burnt, heartbeat rate, number of steps/distance travelled, and other data about your health. In order for us to process any personal data under this category, we will explicitly ask for your consent on the registration screen.
Cookies: When you access or use the Site or the App, we may automatically collect the following information: device information (hardware model, information about the operating system and its version, unique device identifiers, mobile network information, device storage information), location information (IP address, time zone, information about your mobile service provider), app usage data (including, among others: frequency of use, areas and features of our Site or App you visit, your use patterns generally, engagement with particular features).
Other persons data: When you set up your profile in the App, you may also share with us data of your spouse or partner, as well as their Health data related to the conception and further development of a baby. We will require this other person to confirm their acknowledgement of the way how we process their personal data. For this reason, we will ask you for their e-mail address or telephone number. / By using our services you confirm, that you have not shared with us other person´s data without their acknowledgment and consent.
4. 1. 3 Purpose, Grounds and Duration of the processing. We process your personal data for the following purposes:
We process the personal data described above for the purpose of the provision of Services to you, including fulfilment of the contracts relating to the Main services, sending the reminders on payment, handling potential complaint proceedings and transferring your data to third persons participating on provision of Services, especially to the health professionals. We process these personal data for the duration of the contractual relationship we have with you. For this purpose, the legal title for processing is necessity for the performance of the contract and the exception for processing your health data is your consent.
We also process your account data and payment data in accordance with the relevant accounting acts or acts on value-added tax, as we are obliged to store those documents for a certain time period (this specific time period may differ according to applicable law in each country). If there is such a legal obligation, we store the concerned documents together with your personal data for the time period as stated by the applicable law.
Further, we process your personal data described above on the basis of the legitimate interest consisting of recovery of our claims against you and/or to protect and enforce our claims and the exception for processing your health data is establishment, exercise or defence of our legal claims. For this purpose, we process your personal data for the period of time corresponding to the statutory limitation period.
We also use some personal data to train the AI algorithms that run the Site and App to make your experience with our services even more enjoyable on the basis of the legitimate interest consisting of further improvement of our services and the exception for processing your health data is your consent. For this purpose, we process your personal data for the period of 5 years since their collection.
4. 2 Cookies
4. 2. 1 While using our Site we may process your personal data via cookies and other tracking technologies. Cookies are small text files that are stored in your web browser that allows us or a third party to recognize you. Cookies can be used to collect, store and share bits of information about your activities across websites, including our Site and App.
4. 2. 2 We use the following cookies:
Technical cookies are necessary to ensure the correct function of the Website;
Third-party cookies – tracking cookies, analytical/targeting cookies.
4. 2. 3 You may adjust the authorization or the refusal of all of the third-party cookies or only some of the third-party cookies. The refusal of the cookie files may have a negative influence on the functionality of the websites, including the Site. You may adjust your choice regarding the cookies anytime or you may erase them from your electronic device at any time. Detailed information regarding the cookies is provided on the website of the appropriate website browser provider. Read more about the Cookies policy.
4. 3 How we process data. We process your personal data, in the scope and for the purposes described above, by automated means, which also includes using statistical methods. In certain cases, we may also process your personal data manually.
4.4 Children data. We do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register at our Site, apply for our Main services or send any personal data.
4.5 Consequences of failure to provide data. The provision of your personal data is a requirement necessary to enter into contract for provision of our services. In case these data are not provided, we would not be able to provide you with our services.
5. Transfer of the personal data to third persons and the beneficiaries of the personal data
5. 1 We are authorized to transfer the personal data we collect by the means described above to third persons who ensure some services relating to the provision of our Services, including administration or IT support, organization and storage of the personal data etc. These subjects are in the position of processors or controllers of your personal data.
5. 2 We may share the collected personal data in particular with the following recipients:
with our suppliers of IT systems, who may have in specific cases access to your personal data and act as data processors;
with our external providers of accounting services that are necessary for fulfilling our legal obligations and act as data processors; and
with our external providers of legal services that are necessary for the enforcement of our claims and for protection of our legal entitlements and act as data processors or data controllers;
our sister companies and other subsidiaries of our parent company Cognitive IVF a.s. and act as data processors or data controllers;
You may also instruct us to share your personal information with providers of health services, physicians, fertility clinics etc., who act as data controllers, especially in the case you choose to use the services of the provider of health services recommended by the App.
5. 4 We, including the processors and controllers, are obliged to keep all the personal data confidential. The exemption is the duty to report your personal data to the designated public authorities and other entities who are entitled to request the personal data by the law (i.e. Police, Tax authority etc.).
6. Security of your personal data
6. 1 We have introduced to our system such necessary technical and organizational measures of internal control and processes of the safety of the information that follows best practice corresponding to the potential risk to you. At the same time, we take into consideration the perspective of future technological progress in order to protect your personal data from unauthorized disclosure, access or its loss. These measures include, but are not limited to, employees’ data protection training, regular backups of the data, the data recovery procedure, and mechanism of responsibility for an infringement of protected data, software and hardware protection.
7. Your rights
7. 2 If you wish to exercise your rights or to receive the relevant information, contact us via one of our Contact details. When you contact us, we have to ask you to provide us with your identification information or other personal data which you have provided us earlier. The provision of such information is necessary for the verification if it is you who has actually sent the request. We will provide you with the answer no later than one month after receiving such request, whereby we retain the right to extend this time period by two months.
7. 3 Your rights. In accordance with the applicable law, you may require access to the personal data, which we, as a controller of personal data, process, the right for rectification, erasure or transferability, right to lodge a complaint, right to require the restriction of the processing and right to object to processing. At any time you may withdraw your consent on the processing of personal data.
7. 5 Erasure of your personal data. Anytime you may provide us with a request for the erasure of your personal data. After you contact us with such a request and if one of the grounds for erasure of data applies, we will erase affected personal data from our databases without undue delay, unless we process some of your personal data because of our legal obligation or for the establishment, exercise or defence of our legal claims.
7. 6 Withdrawal of the consent on the processing of personal data. You may anytime withdraw the consent on the processing of personal data that you granted us without giving us any reason. If you want to withdraw your consent let us know via one of our Contact details. Please take into account that the withdrawal of the consent does not affect the lawfulness of the previous processing on the basis of a given consent.
7. 7 Access and transferability of your personal data. You have a right to receive information about processing of your personal data and a copy of your personal data processed by us. If you require, we can transfer all or only part of your personal data provided by you (processed by automated means on the basis of the contract or consent) directly to a third person (another controller of personal data), whom you mention in your request for the transfer of the personal data, if such request will not have a negative effect on the rights and freedoms of other persons and will be technically feasible.
7. 8 Restriction of the processing. If you provide us with a request to restrict the processing of your personal data, especially in cases when you doubt the accuracy, lawfulness or our need to process your personal data, we will assess your request and may restrict the processing of your personal data to the necessary minimum (processing for assessment, enforcement or defence of our legal claims or because of the protection of the right of another natural or legal person or from other reasons). However, if the restriction of the processing is cancelled and we will continue in the processing of your personal data, we will give you a notice about this without undue delay.
7. 9 Objection to processing. You have a right to object to processing of your personal data, based on your particular situation, at any time, where this processing is based on our legitimate interest. We will no longer process your personal data unless we are able to demonstrate compelling legitimate interest to do so or unless such processing relates to direct marketing.
7. 10 A complaint at the Office for personal data protection. You have a right to lodge a complaint regarding our processing of personal data at the UK Information Commissioner’s Office, with its registered office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, UK, website: https://ico.org.uk/, and at the Czech Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Prague 7, Czechia, website: https://www.uoou.cz/.
Questions and comments
Cognitive IVF UK LTD
Cognitive IVF UK LTD
71-75 Shelton Street