1.1 This privacy notice aims to inform you about how we, Digital Surgical Solutions Ltd, process your personal data and tell you about your privacy rights under data protection laws.
1.2 For the purposes of EU data protection laws, we are the ‘controller’ of the personal data we collect about you via CLEARlog.
2. How we use your personal data
2.2 Account data: We process personal data that you provide when registering with CLEARlog. Your account data comprises some personal data that is mandatory in order to set up an account and some personal data that is optional once you have become a member and set up an account.
2.3 The data required in order to set up an account (‘mandatory account data’) includes:
- Your title
- First name
- Last name
- Your role
- Your institution
- Your email address/Username
We will use this data for the purposes of creating an account for you, authenticating access to your account, identifying you as the account holder, controlling and enabling you to access areas of our website and services that are restricted to members and enabling you to reset your password and gain access to your account if you forget your password.
The legal basis for this processing is our legitimate interests, namely ensuring the security of our network, IT systems and information and providing account holders with a means of accessing our website and services.
2.4 Enquiry data: We will process information contained in any enquiry you submit to us regarding products and/or services advertised on our website.
2.5 Transaction data: We may process information relating to transactions, including purchases of goods and services that you enter into with us and/or through our website. The transaction data may include your email address, name and home address, and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services, the legal basis for this being the performance of a contract between you and us. We will also keep records of those transactions, the legal basis for this being our legitimate interests in the proper administration of our business.
2.6 Correspondence data: We will process information contained in or relating to any communication that you send to us. The correspondence data provided via email or telephone calls may be processed for the purposes of communicating with you, logging your communication through our Member Services system, and for the management of your account. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.7 Using your personal data for other purposes: In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for:
- compliance with a legal obligation to which we are subject
- protecting your vital interests or the vital interests of another natural person
- obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. (The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks)
- the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. (The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.)
2.8 Other peoples’ personal data: Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. Providing your personal data to others
3.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.
3.2 We may disclose your profile data to our suppliers or subcontractors insofar as reasonably necessary in order to deliver key parts of our website services, such as a jobs board. We may disclose your data to third-parties who supply services.
3.3 Anonymised surgical data may be shared with third-parties. These third-parties include: HOYA Surgical Optics.
3.4 Financial transactions relating to our website and services may be handled by our payment service providers, PayPal, Stripe and Worldpay. We will share transaction data with our payment service providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment service providers’ privacy policies and practices for PayPal at https://www.paypal.com/en/webapps/mpp/ua/privacy-full for Stripe at https://stripe.com/gb/privacy and for Worldpay at https://www.worldpay.com/uk/privacy-policy.
3.5 In addition to the specific disclosures of personal data set out in this Section 4, we may also disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
4. International transfers of your personal data
4.1 The hosting facilities for our website are situated in the EEA.
4.2 Our Networks in Health partners situated in Australia, Austria, Belgium, Brazil, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Latin America, Luxembourg, New Zealand, Portugal, Russia, Spain, Sweden, The Netherlands, Turkey. Transfers to each of these countries which are outside of the EEA will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. For further details please contact us.
5. Retaining and deleting personal data
5.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain and delete your personal data as follows:
(a) Your account data, transaction data and correspondence data will be retained for three years from the date on which your account has become inactive. (For the definition of ‘inactive’, see Terms and Conditions, section 2.7 for details) After this period, this data will be deleted from our systems, and we will instruct our other offices and Networks in Health partners to also delete this data if they hold it.
(b) Your usage data and market research data are anonymised and will be retained.
5.4 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6. Security of personal data
6.1 We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
6.2 We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.
6.3 All of your personal data will be stored by us in encrypted form.
6.4 Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.
6.5 You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You should not send any patient identifiable data across the internet. You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and your password will only be used when you log in to our website. We will never ask you for your password.
7.1 We may update this policy from time to time by publishing a new version on our website.
7.3 We may notify you of changes to this policy by email or through the website.
8. Your rights
8.1 In this Section 8, we have summarised the rights that you have under data protection law. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data, after you supplied appropriate evidence of your identity (this will require you to log in). The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your account data when logged into the website.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed. You have the ability to update and complete your account data yourself on the ‘My profile’ page on the website.
8.5 In some circumstances, you have the right to the erasure of your personal data without undue delay and which we will endeavour to do within 30 days of your request. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent- based processing; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are certain general exclusions of the right to erasure. Those general exclusions include where processing is necessary for exercising the right of freedom of expression and information and for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6 In some circumstances, you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims. If you object specifically to the processing of your account data, then fulfilment of this request will require the termination of your membership of CLEARlog.
8.8 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.9 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.10 You may exercise any of your rights in relation to your personal data by contacting us by telephone or email.
9. Personal data of children
9.1 Our website and services are targeted at persons over the age of 18.
9.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
10. Updating information
10.1 Please let us know if the personal information that we hold about you needs to be corrected or updated. You can also update this on the ‘My profile’ section of the website.
11 About cookies
11.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
11.2 Cookies may be either ‘persistent’ cookies or ‘session’ cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
11.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
12. Cookies that we use
- mc (.quantserve.com)
- ADMARK (.adtech.de)
- ck1 (.rlcdn.com)
- PUBMDCID (.pubmatic)
- bku (.bluekai.com)
13. Cookies used by our service providers
14. Managing cookies
14.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/en-us/HT201265 (Safari); and
14.2 Blocking all cookies will have a negative impact upon the usability of many websites.
14.3 If you block cookies, you may not be able to use all the features on our website.