PAIND – MOBILE APP PRIVACY NOTICE

Consent to usage of the App

Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data. This information is provided in our policy and it is important that you read that information.

Before installation of this App, please indicate your consent to our processing of your personal data (including your name, contact details, financial and device information) as described in the policy.

How you can withdraw consent

Once you provide consent by selecting "YES", you may change your mind and withdraw consent to us processing your personal data at any time by contacting us hello@paind.com, but that will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw consent, you may not be able to use all of the services Paind has to offer.

Consent to processing Location Data

YES I consent to the processing of my Location Data from the data that I choose to provide to the app so that location-enabled Services are activated. Examples of location-based services include showing you local community groups and pain-informed clinicians in your area.

NO I do not consent to processing of my Location Data and location-enabled Services are disabled in my settings.

Location Data

Oso Pain Management Ltd (we) are committed to protecting your personal data and respecting your privacy.

Introduction

This policy (together with our website terms as set out at https://www.paind.com and any additional terms of use incorporated by reference into the website’s terms, together our Terms of Use) applies to your use of:

  • The ‘PAIND’ mobile application (App), once you have downloaded a copy of the App onto your mobile telephone or handheld device (Device)
  • Any of the services accessible through the App (Services). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This App is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

This policy is provided in a layered format so you can click through to the specific areas set out below.

Important information and who we are

Oso Pain Management Ltd is the controller and is responsible for your personal data (collectively referred to as "Paind", "we", "us" or "our" in this policy).

We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.

Contact details

Our full details are:

Full name of legal entity: Oso Pain Management Ltd

Name or title of data privacy manager: Charles Balcombe

Email address: hello@paind.com

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues.

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

We keep our privacy policy under regular review.

This version was last updated on 05/06/2024. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

The App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.

The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you as follows:

  • Identity Data: first name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender.
  • Contact Data: billing address, delivery address, email address and telephone numbers.
  • Financial Data: bank account and payment card details.
  • Transaction Data: includes details about payments to and from you and details of in-App purchases.
  • Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting.
  • Content Data: includes information stored on your Device, including friends' lists, login information, photos, videos or other digital content, check-ins.
  • Profile Data: includes your username and password, in-App purchase history, your interests, preferences, feedback and survey responses, including any responses you provide from our Paind Questionnaire.
  • Usage Data: includes details of your use of any of our Apps or your visits to our Site including, but not limited to, traffic data whether this is required for our own billing purposes or otherwise and the resources that you access.
  • Nominated Loved Ones. If you are a nominated loved one, we may collect your Identity and Contact Data of any nominated loved ones, should you provide us with these when presented with the option.

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

We may also collect, store and use the following Special Categories of Personal Data: Health Data which is obtained from you completing our Paind Questionnaire, or through other interactions on our App.

How is your personal data collected?

We will collect and process the following data about you:

  • Information you give us. This is information (including Identity, Contact, Financial, Health and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App, such as our Paind Questionnaire, or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App, subscribe to any of our Services, search for a Service, use our message boards and when you report a problem with our App. If you contact us, we will keep a record of that correspondence.
  • Information we collect about you and your device. Each time you use our App or visit our App Site we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies. Please see our cookie policy Cookie Policy for further details.
  • Location Data. We use device geolocation data that you optionally give us to determine your location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by managing location permissions in your device settings.
  • Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
    • Device Data from the following parties: Apple, based outside of the UK, Google, based outside of the UK, Customer.io based outside of the UK, Mixpanel based outside of the UK
    • Profile Data from the following parties: Apple, based outside of the UK, Google, based outside of the UK
  • Unique application numbers. When you want to install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

Cookies

We use cookies to distinguish you from other users of the App, App Site and to remember your preferences. This helps us to provide you with a good experience when you use the App or the App Site and also allows us to improve the Web App and the App Site. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy Cookie Policy.

How we use your personal data

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

  • Where you have consented before the processing.
  • Where we need to perform a contract we are about to enter or have entered with you.
  • 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.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.

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

Disclosures of your personal data

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table Purposes for which we will use your personal data:

  • External Third Parties as set out in the Glossary.
  • Specific third parties such as Apple, Google, Custom.io and Mixpanel.
  • 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 privacy policy.

International transfers

Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK. Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
  • Where we use certain service providers, we may use specific contracts approved by the UK which give personal data the same protection it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

Data security

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the App or App Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

We will collect and store personal data on your Device using application data caches and browser web storage (including HTML5) and other technology.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

Data retention

Details of retention periods for different aspects of your personal data are available by contacting us.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances we will 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.

In the event that you do not use the App or App Site for a period of 12 months then we may treat the account as expired and your personal data may be deleted.

Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at hello@paind.com

Glossary

Lawful Basis

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

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

Third Parties

External Third Parties

  • Service providers acting as processors based in the UK and Europe who provide various administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK who provide banking, legal, insurance and accounting services.
  • HM Revenue and Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.

Your Legal Rights

You have the right to:

  • Request access to your personal data: This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you: This enables you to have any incomplete or inaccurate data we hold about you corrected.
  • Request erasure of your personal data: This enables you to ask us to delete or remove personal data under specific circumstances.
  • Object to processing of your personal data: This allows you to object to our processing of your personal data where we are relying on a legitimate interest or processing it for direct marketing purposes.
  • Request restriction of processing of your personal data: This enables you to ask us to suspend the processing of your personal data under certain conditions.
  • Request the transfer of your personal data: This allows you to receive your personal data in a structured, commonly used, machine-readable format.
  • Withdraw consent: You can withdraw your consent at any time where we rely on it as a lawful basis for processing your personal data.

Description of Categories of Personal Data

  • Identity Data: First name, last name, display name, date of birth, gender.
  • Contact Data: Billing address, delivery address, email address, telephone numbers.
  • Financial Data: Bank account and payment card details.
  • Health Data: Details about your general mental and physical health.
  • Transaction Data: Details about payments to and from you, in-Web App purchases.
  • Device Data: Type of mobile device, unique device identifier, mobile network information, mobile operating system, type of mobile browser, time zone setting.
  • Content Data: Information stored on your device, including posts, photos, videos, check-ins.
  • Profile Data: Display name, Web App purchase history, bio, preferences, feedback, survey responses.
  • Usage Data: Details of your visits to the Web App and the App Site, traffic data, communication data, resources accessed.
  • Marketing and Communications Data: Preferences in receiving marketing, communication preferences.
  • Location Data: Geolocation data provided through the app.