Privacy – AIDEWA®

Renal Care – Privacy Policy

Definitions

In addition to the terms defined elsewhere in the ETC, capitalized terms used in this Privacy Policy have the meaning set out below. In addition, capitalized terms which are not defined in this Privacy Policy have the same meaning as set out in the Renal Care End-User Terms and Conditions of Renal Care & Research.

Data Protection Legislation	means (i) the EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC as from 25 May 2018; (ii) the Belgian law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and (iii) all other current or future applicable national laws relating to or impacting the processing of personal data and privacy.
Personal Data	means any information relating to an identified or identifiable natural person (see clause 3.1).
Personnel	means the employees, self-employed or any other party who works on behalf a party

Scope, Identity and contact details

The protection of your privacy and Personal Data is of utmost importance to Us. This Privacy Policy describes how We will process your Personal Data in the context of your use of the Application or Website and as further described in this Privacy Policy. This Privacy Policy applies to the Personal Data we collect via Our Application or Website. Please ensure as a user that your Personnel consults this Privacy Policy and understands how their Personal Data will be processed.
The Application is owned by Renal Care & Research BV, a Belgian company with registered offices at Rue Saint-Martin (NSV) 35, 1457 Walhain, Belgium and registered at the Crossroads Bank for Enterprises under the number 0659.994.532 (“Renal Care”). Renal Care is also referred to as “We” or “Us” or “Our”.
We qualify as controller, as defined in the Data Protection Legislation, in the light of the processing of your Personal Data for the purposes as defined in the present Privacy Policy.

Personal Data

1. We will process the following categories of personal data (“Personal Data”) about you:

Personal identification data: first name, family name;
Contact information: address, e-mail address and telephone number, the unique identifier of your phone / computer;
Your image;
Information regarding your personal life: civil status, date, lifestyle habits, marital status, food preferences, tobacco and alcohol consumption, etc.;
Data concerning health: pathology, history, allergies, physical activity etc.
Your geolocation when using the Application;

Purposes of processing and Legal Basis

1. With the Application, Renal Care has inter alia the purpose to:

To give you access to the content and tools in the Application which aim to help you improve your personal well-being by providing you personalized advice and recommendations regarding your well-being, based on your Personal Data (the “Provision of Services”);
Send you our newsletters, our commercial offers and those of our partners (“Direct Marketing”);
Carry out statistics and evaluations of your use of the Application with the purpose to ameliorate the Application and the related services (“Statistics”).

We only process your Personal Data in relation to the following purpose and legal basis.

Personal Data	Purpose of processing	Legal Basis
Personal identification data	Provision of Services Statistics Direct marketing	The processing is necessary for the performance of a contract to which you are a party. Legitimate interest (i.e. amelioration of the Renal Care services and the Application (see clause 4.6)). Your consent (see clause 4.5) or ‘Soft-Opt-In’ (see clause 4.7).
Contact information	Provision of Services Direct marketing	The processing is necessary for the performance of a contract to which you are a party. Your consent (see clause 4.5) or ‘Soft-Opt-In’ (see clause 4.7).
Your image	Provision of Services	Your consent (see clause 4.5).
Information regarding your personal life	Provision of Services To perform or enable scientific research (i.e. clinical studies/trials) To perform or enable clinical evaluations or investigations of Renal Care’s Application, which constitutes a medical device (i.e. clinical studies/trials).	The processing is necessary for the performance of a contract to which you are a party. Legitimate interest in accordance with 6.1.f) GDPR (i.e. use of anonymized or pseudonymized data within the context of clinical research tended to broaden the scientific knowledge (see clause 4.6)) Legitimate interest (the compliance of Renal Care with applicable legislation on medical devices (e.g. 10.3. of Regulation (EU) 745/2017), the amelioration of Renal Care services and the Application, as well as the broadening of the scientific knowledge (see clause 4.6)).
Data concerning health	Provision of Services To perform or enable general scientific research To perform or enable clinical evaluations or investigations of Renal Care’s Application, which constitutes a medical devices (i.e. clinical studies/trials)	Your consent in accordance with 9.2.a) in conjunction with 6.1.a) GDPR (see clause 4.5). The processing is necessary for scientific research purposes in accordance with 9.2.j) in conjunction with the legitimate interest set forth in 6.1.f) GDPR (i.e. use of anonymized or pseudonymized data within the context of clinical research tended to broaden the scientific knowledge (see clause 4.6)). The processing is necessary for scientific research purposes in accordance with 9.2.j) in conjunction with legitimate interest set forth in 6.1.f) GDPR (the compliance of Renal Care with applicable legislation on medical devices (e.g. 10.3. of Regulation (EU) 745/2017), the amelioration of Renal Care services and the Application, as well as the broadening of scientific knowledge (see clause 4.6)).
Your geolocation	Provision of Services Statistics	Your consent (see clause 4.5). Legitimate interest (i.e. amelioration of the Renal Care services and the Application (see clause 4.6)).

We will provide you with relevant information if We intend to process your Personal Data for other purposes than those specified in the present Privacy Policy.
As mentioned above, some cases of processing of Personal Data will take place on the basis of the legal basis ‘performance of the agreement’. Based on this legal basis, the processing of your Personal Data is necessary to enter into and perform an agreement with you. The performance of an agreement will in that case qualify as a legal basis for the processing of Personal Data (contrary to your consent). In such a case, we will not be able to execute the agreement if you oppose the processing of your Personal Data.
For certain purposes, as mentioned above, the patient gives his/her consent by explicitly agreeing to a certain processing (e.g. by ticking a box when registering the account). The patient has the right to withdraw his/her consent at any time. Withdrawing this consent does not affect the lawfulness of the processing based on the consent prior to withdrawal.
When Renal Care processes the above Personal Data for the stated purposes based on the legal basis legitimate interest, e.g. (i) the compliance or Renal Care with applicable legislation on medical devices (e.g. article 10 (3) of Regulation (EU) 745/2017 on medical devices), (ii) the amelioration of the services of Renal Care and of the Application or (iii) broadening the general scientific knowledge through scientific research, constitute the legitimate interests of Renal Care. After careful consideration of the various interests, Renal Care is of the opinion that its interests outweigh that of the user for the aforementioned purposes. If you need more information in respect of this balancing of interests you can send an e-mail to [—].

In some cases, sending direct marketing by e-mail, SMS or other electronic means is permitted without your consent, for example because we have obtained your electronic contact details in the context of the sale of products or services and because Our commercial messages relate to Our similar products or services (“Soft-opt-in”). You may object at any time to further receiving Our direct marketing messages by clicking on “UNSUBSCRIBE”. The unsubscribe option is provided in each direct marketing e-mail. You may also send your intention to unsubscribe by e-mail to […].

profiling

1. Renal Care uses profiling techniques when processing certain Personal Data such as: data concerning health, information regarding your personal life, personal identification data, geolocation, commercial data.
2. Renal Care uses profiling:

to analyse the correlation between the analysed Personal Data;
for therapeutic education purposes;
to analyse the impact of using the Application for a certain period of time.

The envisaged consequences of using these profiling techniques are to gain more insights on Our knowledge of You, Your behaviour and on Your health condition.

Recipients of Personal Data

1. 1. Your Personal Data is processed by Us. We may share your Personal Data with software service providers and software developers, subcontractors, hosting providers and payment service providers, only in relation to the purposes mentioned in article 4.1 of this Privacy Policy.
  2. We may transfer your Personal Data to third parties or public authorities if We are required by law or by a judicial order to do so.
  3. In case of entire or partial sale (including a merger or acquisition) or reorganisation of Us, your Personal Data may be transferred to third parties in that context.

Transfer of Personal Data

1. 1. Your Personal Data will only be processed within the European Economic Area (E.E.A.).

Period for which Personal Data will be stored

1. We will store your Personal Data as long as is necessary to process your Personal Data for the purpose mentioned above, or as long as We are legally obliged to store your Personal Data. After the periods mentioned below, they will be completely erased and therefore irrecoverable:

Twelve (12) months after last connection to the Application for your Personal Data;
Twelve (12) months for connection data;
Twelve (12) months for geolocation data.

When you delete your account or terminate the ETC, your Personal Data will be deleted after fourteen (14) days.

Your rights

1. 1. In accordance with and subject to the conditions provided by Data Protection Legislation, you are entitled to request from Us (a) access to your Personal Data, (b) rectification of your Personal Data, (c) erasure of your Personal Data and (d) restriction of the processing of your Personal Data. In addition, you have the right to object to the processing of your Personal Data and you may request Us to receive your Personal Data in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from Us.
  2. You are also entitled to lodge a complaint with the competent supervisory authority (in Belgium the Data Protection Authority https://www.dataprotectionauthority.be) or any other authority replacing the Belgian Data Protection Authority.
  3. You may exercise the aforementioned rights by sending a letter by sending an e-mail to info@aidewa.com or via any other technical solution on Our website.

Changes to this Privacy Policy

1. We may change the provisions of this Privacy Policy. We will announce each new version of the Privacy Policy and will ask for your consent pursuant to article 4 of this Privacy Policy.