Privacy Policy

Umana Vita Glucose Monitor Software

Introduction

Welcome to Umana Medical’s Umana Vita Glucose Monitor Software privacy notice (the “Notice”).

Umana Medical Technologies Ltd. of Umana Building, St. Thomas Street, Luqa, LQA9033, Malta (“we”; “us”; “our” or “UMANA”) respects your privacy and is committed to protecting your personal information (or, as otherwise termed, your personal data). In that vein, UMANA has launched and offers a number of Software:

(i) the Umana Vita Glucose Monitor Application for smartphone and tablet (provided by UMANA representatives or downloadable from Google Play Store and Apple Store),

(ii) the online User, Medical Professional and Hub Control Centres,

(iv) the Umana Vita Glucose Monitor firmware (embedded in the Monitor device),

(v) any other software, including upgrades, pertaining to UMANA, at its discretion.

In this notice, the term “Software” refers to all or any of the above.

These Software offer the most innovative medical solutions to monitor glucose levels in the least invasive way whilst providing results, without compromising on quality and efficacy, that enable the effective technologies to address the needs of patients and medical professionals in the health sector (the “Services”). The Software can only be used in conjunction with the Umana Vita Glucose Monitor device and Umana Vita Sensors which are used to gather this physiological data.

The purpose of this Notice is to set out the basis on which your personal data is processed by us, to inform you about how we will handle and look after your personal data when you sign up and register on the Software and make use of our services via the said Software regardless of where you access it from and use or receive our Services, and to tell you about (i) our obligations in regard to processing your personal data responsibly, (ii) your data protection rights as a data subject and (iii) how the law protects you. It should be read in conjunction with our Cookie Policy and our Privacy Policy which can be accessed on the Privacy section of our website: 
www.umana-vita.com/privacy-policy.

We process your data in an appropriate and lawful manner, in accordance with the Data Protection Act (Chapter 586 of the Laws of Malta) (the “Act”) and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR” or the “Regulation”), following its application on 25th May 2018. This Notice is provided in a layered format so you can click through to the specific areas set out below. Alternatively, you can download pdf version from the Privacy section of our website. Please also use the Glossary to understand the meaning of some of the terms used in this Notice.

1. User Responsibility

Purpose of this privacy notice

This Notice aims to give you information on how UMANA, as defined above, collects and processes your personal data (i) when users access the Software and make use of the various medical Services (ii) through the actual use of the Software, including any personal data (see below) and sensitive data (see below) you may provide when you register (iii) when you subscribe (opt-in) to our mailing list and marketing content (iv) when you access the Application/dashboards via the website.

Controller

UMANA, as previously defined, is the controller who is responsible for your personal data.

We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this Notice. If you have any comments or queries about this Notice, including any requests to exercise your legal rights as a data subject, please contact the DPO using the details set out below, with the words ‘Data Protection Matter’ in the subject line.

You can address any comments, queries or complaints to the DPO, using the details indicated below, with the words ‘Data Protection Matter’ in the subject line.

Contact details

Our full details are:

Full name of legal entity: Umana Medical Technologies Ltd (C 73059)
Name or title of DPO: Operations Manager
Email address: privacy@umanamedical.com
Postal address: Umana Medical Technologies Ltd., Umana Building, St. Thomas Street, Luqa, LQA9033, Malta
Telephone number: (+356) 2763 9710

You have the right to lodge a complaint at any time to the competent supervisory authority in your jurisdiction on data protection matters. In the case of Malta, this is the Information and Data Protection Commissioner (“IDPC”) https://idpc.org.mt/en/Pages/Home.aspx)We would, however, appreciate the opportunity to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

This version of the Notice was lasted updated on 17/08/2019.

Previous versions can be obtained by contacting us at privacy@umanamedical.com

The data protection laws across the EU, including Malta, changed on 25^th May, 2018, due to the GDPR. This Notice sets out most of your rights under the GDPR.

It is imperative that the personal data which you provide us is accurate and current. Otherwise, this will impair the quality of the Product and/or Service, amongst other potential issues. Please keep us informed if your personal data changes during the course of your relationship or transactions with us.

Third-party links

The Software may include links to third-party websites. Clicking on those links may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy notices. When you leave our Software, we encourage you to read the privacy notice of every website you visit/access. Access may be granted via the Software to the Site in which case the abovementioned privacy policy shall apply and as previously stated it is imperative that it be read in conjunction with this Privacy Policy.

2. 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 (the applicant) which we have grouped together as follows:

· Mode Settings Data includes your first name, maiden name, last name, gender, date of birth, nationality, address, height, weight;

· Contact Data includes your (home) address, email address and telephone or mobile number;

· Emergency Contact Data includes emergency home number, mobile number and email address;

· Financial Data includes your billing address, bank account and payment card details;

· Transaction Data includes details about payments to and from you in relation to the Products and Services via the Software and/or the Site;

· Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Software.

· Profile data created through your user account details;

· Usage Data includes information about how you use the Product, Software and the Services.

· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of the Site. 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 Notice.

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 (namely regarding the provision of our Product (including Software) and our support Services). In this case, we may have to refuse to provide you with the Product and Services or withdraw their availability, but we will notify you if this is the case at the time.

Special Categories of Personal Data

The term ‘special categories of personal data’ includes details and information about your health and/or medical data. Due to their sensitive nature, these special categories are afforded added protection under the GDPR (altogether, “Sensitive Data”).

Your results obtained through the collection of Sensitive Data about you (“Monitoring Results”). For instance,

– Blood Glucose Levels Estimations

– Physical Activity – Your movements

– Prescribed medicines

– Meal logs

We have no other scope for collecting and processing the sensitive Data and/or the Monitoring Results, and any and all use thereof is strictly limited as necessary for the Services.

Nonetheless, if and to the extent that your use of the Application and/or the service it provides reveals Sensitive Data about you, we would NEED YOUR EXPRESS CONSENT to be able to receive and process them for the purposes of the Service. Please note that the inclusion and/or creation of Sensitive Data and Monitoring Results constitute a core and fundamental part of the Services. Thus, without such consent, it would not be possible for us to provide you with the Services, nor would we in any case be in a legal position to do so.

YOU ARE THUS STRONGLY ADVISED TO READ THIS SECTION CAREFULLY!

If you do not object to us processing your Sensitive Data and Monitoring Results, and wish to proceed or continue with receiving the Services, then you are kindly requested to provide us with your express consent.

For the purposes of certainty, we make use of a double opt-in process.

3. 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, Aggregated Data by submitting to the Application as well as by filling in forms and submitting them to us, or by corresponding with us by phone, email or otherwise.

This includes personal data you provide when you:

· submit an order for the Services;

· apply for and use the Services;

· complete and submit your Registration to us;

· respond to communications from our support staff regarding:

(i) their review of your Registration and/or orders (including possible mistakes or errors);

(ii) finalising your Registration and/or order

· Automated technologies or interactions. As you interact with the Application, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. Please see our cookie policy for further details.

In addition to the above, the application will provide Monitoring Results through your use of the Application and Services and this is primarily as a result of making use of your Aggregating Data and Sensitive Data as provided by you and is the purpose of the use of the same Application and Services.

· Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

· Technical Data from the following parties:

(i) analytics providers such as Google and Facebook

(ii) advertising networks; and

(iii) search information providers.

· Contact, Financial and Transaction Data from third party providers of payment and technical services.

· Identity and Contact Data from publicly availably sources.

· Contact, Financial and Transaction Data from third party providers of payment and technical services.

4. 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 need to perform the contract we are about to enter into or have entered into with you (namely, in respect of the provision of the Products and Services);

· 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 or regulatory obligation;

· Upon your explicit consent, where and to the extent that your responses reveal Sensitive Data about you.

See below to find out more about the types of lawful basis that we will rely on to process your personal data.

Purposes for which we will use your personal data

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 should 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.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
(a) To provide the Services and/or the use of the Application (as requested and contracted by you); (b) To notify you about your Monitoring Results; (c) To process and manage payments, fees and charges; (d) To collect and recover money owed to us; and (e) to issue the Monitoring results.	(a) Mode Setting; (b) Contact; (c) Financial; (d) Technical; (e) Transaction; (f) Profile; (g) Marketing and Communications; (h) Emergency Contact; and (i) Sensitive Data	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us). (c) Upon your express consent in terms of Article 9(2)(a) of the GDPR, to the extent your use of the Services and/or Application reveals Sensitive Data and Monitoring Results.
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or this Notice (b) To resolve any issues or queries which you may have or may have reported regarding the Products and/or Services, (c) Asking you to provide feedback and/or take part in a survey.	(a) Profile; (b) Emergency and Contact; (d) Mode Setting; and (c) Marketing and Communications.	(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 and to study how customers use our products and services).
To administer and protect our business as well as the Site (including troubleshooting, data analysis, testing, system maintenance, support, safety and security testing, reporting and hosting of data).	(a) Profile; (b) Emergency and Contact; (c) Technical; (d) Usage; and (e)Marketing and Communications.	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and prevention of hacks and other attacks, to prevent fraud and in the context of a business reorganisation or group restructuring exercise). (b) Necessary to comply with a legal obligation.
To deliver relevant website content to you and measure or understand its effectiveness. To ensure that Site content is presented in the most effective manner for you and your computer, and in a user friendly manner.	(a) Profile; (b) Contact; (c) Usage; (d) Marketing and Communications; and (e) Technical	Necessary for our legitimate interests (to study trends regarding how customers use our products and services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Site, marketing, client and investor relationships and experiences.	(a) Marketing and Communications; (b) Technical; and (c) Usage.	Necessary for our legitimate interests (to define types of customers for our products and services, to keep the Site updated and relevant, to develop our business and to inform our marketing strategy)

Direct Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around advertising and marketing campaigns and communications.

Through your Registration, Contact, Technical, Usage and Profile Data, we would be able to form a view on what we think you may want or need and what may be of interest to you. This would then enable us to determine which of our other products, services and offers may be relevant for you (we call this direct marketing).

You are kindly requested to provide your express opt-in consent (at the end of this Notice) if you wish to receive marketing communications from us regarding our other products and services as well as information about our events.

This will be processed as your Marketing and Communications Data and, depending on whether you consent, your Marketing and Communications Data will either be inserted in our appropriate mailing list or not at all.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company for marketing purposes.

Opting Out

You can ask us to stop sending you marketing communications to you at any time by contacting us at privacy@umanamedical.com using the words ‘Marketing Communications’ in the subject line. 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 at privacy@umanamedical.com 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 the need for obtaining your consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below, strictly for the purposes set out in the table in Section 3 above. These include:

· External Third Parties as specified in the Glossary;

· Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Notice.

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 documented instructions. Furthermore, these third parties process your data on the basis of strict confidentiality and subject to the appropriate (technical) security measures and safeguards.

We may also disclose your data if we are under a duty to disclose or share your personal data to comply with any legal obligation, judgment or an order from a court, tribunal or authority.

We may also disclose your data to enforce our contractual terms with you, or to protect our rights, property or safety, that of our partners or other users of the Site, Products and Services. This includes exchanging information with other companies, organisations, immigration authorities and law enforcement agencies for the purposes of fraud protection and the detection, prevention and investigation of crime.

6. No International Transfers

We do not transfer your personal data outside the European Economic Area (“EEA”).

If, however, we need to transfer your personal data out of the EEA, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards applies:

· We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

· In the absence of an adequacy decision, we will use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

· Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us at privacy@umanamedical.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. 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, partners, service providers 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 strict and rigid duty of confidentiality.

Furthermore, we have also 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, and within the timeframe prescribed at law.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purchasing of Products and/or service provision as well as for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By and large, retention of most data shall not exceed the period of five (5) years from the date of termination or completion of the purchasing of Products and/or Services. This period of retention enables us to use the data for the defence of possible future legal claims (taking into account applicable statutes of limitation and prescriptive periods). In certain cases, we may need to retain your data for a period of up to ten (10) years from the date of termination or completion of the purchasing of Products and/or Services in order for us to comply with applicable accounting and tax laws (this will primarily consist of your Transaction Data).

In some circumstances you can ask us to delete your data. See Request erasure below for further information.

In some circumstances we may 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.

Kindly contact our DPO for further details about the retention periods that we apply.

Data Minimisation

Whenever and to the extent possible, we anonymise the data which we hold about you when it is no longer necessary to identify you from the data which we hold about you.

In some circumstances, we may even 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.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

· Request access to your personal data.

· Request correction of your personal data.

· Request erasure of your personal data.

· Object to processing of your personal data.

· Request restriction of processing your personal data.

· Request transfer of your personal data.

· Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us at privacy@umanamedical.com.

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 may 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 (1) month. Occasionally it may 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.

10. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best 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 or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

External Third Parties

· Service providers who provide IT, hosting and system administration services.

· Professional advisers including doctors, nurses, medical professionals based in [SPECIFIC COUNTRIES] who provide professional medical services upon your free unambiguous and specific consent and approved access of your Monitoring Results by means of the dashboard and/or Application.

· Any third parties that we may share your data with are obliged to keep such data secure and to make use of such only for the purpose of completing or providing the same service and or results. UMANA are not responsible for their misuse of such Data.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

You may send an email to privacy@umanamedical.com requesting information as the personal data which we process. You shall receive one copy free of charge via email of the personal data which is undergoing processing. [Any further copies of the information processed shall incur a charge of €10.

Right to information when collecting and processing personal data about you from publicly accessible or third party sources. When this take places, we will inform you, within a reasonable timeframe, about the third party or publicly accessible source from which we have collected your personal data.

Request correction or rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected and/or updated, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. 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 have successfully exercised your right to object to processing (see below);

· we may have processed your information unlawfully; or

· 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. Most commonly, this will be where further processing of the personal data is required by us for:

· compliance with a legal obligation to which we are subject;

· assertion, exercise or defence of legal claims (including possible future claims).

Object to processing of your personal data 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. We will notify you if this is the case at the time.

Request restriction of processing of your personal data. 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; or

· you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer (data portability) of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. 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 consent at any time where we are relying on consent to process your personal data, as above indicated. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. Withdrawal of consent may also affect or impair the possibility of us providing you with the Services. We will advise you if this is the case at the time you withdraw your consent.

Please note that, in spite of such withdrawal, we may continue to retain your personal data (rather than erase) if there are specific legal reasons which justify us doing so. Main instances would be a legal obligation requiring us to continue to hold onto such data or for the purposes of legal claims.

11. Google Analytics

The Site uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (“Google”).

Google Analytics employs so-called “cookies”, that is text files that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted to Google’s location in the US and stored there. In using Google Analytics, our website employs the extension, “gat.anonymizeIp”. In doing so, Google abbreviates and thereby anonymizes your IP address before transferring it from member states of the European Union or signatory states to the Agreement on the EEA.

Google uses this information to analyse your use of the Site, to compile reports for us on internet activity and to provide other services relating to website and internet use. Google may also transfer this information to third parties where required to do so by law or where such third parties process this data on Google’s behalf.

Google states that it will never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of the Site.

Furthermore, Google offers a deactivation add-on for most current browsers that provides you with more control over what data Google can collect on websites you access. The add-on tells the JavaScript (ga.js) used by Google Analytics not to transmit any information about website visits to Google Analytics. However, the browser deactivation add-on offered by Google Analytics does not prevent information from being transmitted to us or to other web analysis services we may engage. You can find additional information on how to install the browser add-on at the following link:

https://tools.google.com/dlpage/gaoptout?hl=de

12. Conclusion

Any changes that we may make in the future to this Notice will be visibly posted on the Site and, if appropriate, notified to you via email. If you have any questions regarding our privacy policy, or if you would like to send us your comments, please contact us today or alternatively write to our Data Protection Officer using the details below.

Name: Operations Manager
Address: Umana Building, St. Thomas Street, Luqa, LQA9033, Malta
Telephone No: (+356) 2763 9710
Email: privacy@umanamedical.com

Please check back frequently to see any updates or changed to this Policy.

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