- You may likewise decide not to give us “discretionary” Personal Data; however, please remember that without it, we will most likely be unable to provide you with the full scope of our administrations or with the best client experience when utilizing our Services.
When enlisting on our platform or buying services as suitable, you could be approached to type in your name, email, or different subtleties to assist you with your experience.
When you create an account and use the Services, including through a third-party platform, we collect any data you provide directly, including:
- Account Data: To use certain features (like Paid or unpaid Services), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, and name, and assign you a unique identifying number (“Account Data”).
- Personal Data: Personal Data is information that can be used to identify you specifically, including your name, email address, job title, billing address or demographic information like your hometown. You consent to give us this information by providing it to us voluntarily on our platform. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our platform.
- Financial Data: Financial data is related to your payment methods, such as credit card or bank transfer details. We collect financial data to allow you to purchase or exchange services from our platform. We store limited financial data. Most financial data is transferred to our payment processor, PayPal, Stripe, and you should review these processors’ Privacy Policies to determine how they use, disclose, and protect your financial data.
- Contact information. An Authorized User is required to provide some contact information (e.g., an email address) when making an account on the Services.
We do not knowingly collect data from or market to children under 13 years of age.
We do not knowingly solicit data from or market to children under 13 years of age. By using the platform, you represent that you are at least 13 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the platform. If we learn that personal information from users less than 13 years of age has been collected, We will take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 13, please contact us.
Data About Your Accounts on Other Services:
- We may obtain certain information through your social media or other online accounts if they are connected to your Clinical Physio account. If you login to via Facebook or another third-party platform or service, we ask for your permission to access certain information about that other account. For example, depending on the platform or service, we may collect your name, profile picture, account ID number, login email address, location, the physical location of your access devices, gender, birthday, and list of friends or contacts.
- Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, YouTube, and Twitter, which may include your name, your social network username, location, email address, age, gender, and profile picture, and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
- Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
- Those platforms and services make information available to us through their APIs. The information we receive depends on what information you (via your privacy settings) or the platform or service decide to give us.
- If you access or use our Services or buy services through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.
Automatically collected information about your use of our Services or tools,
This information is registered automatically with the visit by the own configuration or manual of each tool on the platform
- When you visit, connect with, or utilize our service, we may gather, record, or create specific specialized data about you. We do so either autonomously or with the assistance of third gathering Service Providers, including using “cookies” and other following innovations.
- We automatically collect certain information when you visit, use or navigate the platform. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our platform and other technical information. This information is primarily needed to maintain the security and operation of our platform and for our internal analytics and reporting purposes.
The information we collect includes:
Log and Usage Data. Log and usage data are service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our platform, which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, settings, and information about your activity on the platform (such as the date/time stamps associated with your usage, pages, and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet, or another device you use to access the platform. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
We process personal data to operate, improve, understand, and personalize our services. We use personal data for the following purposes:
- To fulfil or meet the reason you provided the information (e.g., to help provide our Site services to you).
- Allow you to attend the webinars and podcasts.
- To communicate with you about the Services, including Service announcements, updates, or offers.
- Correspond with you; and
- Compile anonymous statistical data for our own use or for a third party’s use; and
- Assist law enforcement as necessary; and
- Prevent fraudulent activity on our website or mobile app; and
- Analyze trends to improve our platform and offerings.
- To personalize and develop our site and the services we provide you and improve our offerings.
- To provide certain features or functionality of the services on the site.
- For marketing and promotions.
- To create, maintain, customize, and secure your account with us.
- To personalize your experience and deliver content and services relevant to your interests.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- To prevent illegal activity, fraud, and abuse.
- To help our site that will be ready to serve you better.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.
As noted in the list above, we may communicate with you if you’ve provided us with the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us, which helps us improve our services. If you do not want to receive communications from us, please indicate your preference by emailing us at [email protected].
You can exercise any of the rights described above in the “What are your choices and how can you exercise them?” section above directly by sending an email to [email protected].
If you are submitting a request on behalf of another person, you must provide proof that you have been authorized by the individual to act on his or her behalf. In certain circumstances, we may ask the individual to verify his or her own identity directly with us. Please note that we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.
How to opt-out
When you engage us for the Services or make inquiries about our Services, you will be requested to provide your consent to us to send promotional material to you. You may stop the delivery or “opt-out” of future promotional emails by following the specific instructions in the email you receive.
Do Not Track
Currently, various browsers — such as Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites visited by the user about the user’s browser DNT preference setting. Clinical Physio does not currently commit to responding to browsers’ DNT signals concerning the Company’s Web sites, in part because industry groups have adopted no common industry standard for DNT, technology companies, or regulators, including no consistent standard of interpreting user intent. Clinical Physio takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
- : These cookies are necessary for the platform to function and cannot be switched off in our systems. They are often set in response to actions made by you, which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms.
- : These cookies enable the platform to provide enhanced functionality and personalization. They may be set by third-party providers whose services we have added to our pages or by us.
- : These cookies allow us to count visits and traffic sources to measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site.
- : These cookies may be set through our site and used to build a profile of your interests and show you relevant adverts on other sites.
Customer Data” means any personal data that Clinical Physio processes on the Customer’s behalf via the Services, as more particularly described in this DPA.
“Data Protection Laws” means all data protection laws and regulations applicable to a party’s processing of Customer Data under the Agreement, including, where applicable, EU Data Protection Law and Non-EU Data Protection Laws.
GDPR-EU data protection law
“EU Data Protection Law” means all data protection laws and regulations applicable to Europe, including (i) Regulation 2016/679 of the European Parliament and the Council on the protection of natural persons concerning the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR“); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national implementations of (i) and (ii); and (iv) in respect of the United Kingdom (“UK“) any applicable national legislation that replaces or converts in domestic law the GDPR or any other law relating to data and privacy as a consequence of the UK leaving the European Union.
“Europe” means, for this DPA, the European Union, the European Economic Area and/or their member states, Switzerland, and the United Kingdom.
“Non-EU Data Protection Laws” means the California Consumer Privacy Act (“CCPA”); the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”); and the Brazilian General Data Protection Law (“LGPD “), Federal Law no. 13,709/2018.
“SCCs” means the standard contractual clauses for processors as approved by the European Commission or Swiss Federal Data Protection Authority (as applicable), which shall be applied only to transfers of Customer Data from the European Union.
“Sensitive Data” means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords; or (f) other information that falls within the definition of “special categories of data” under applicable Data Protection Laws.
“Services Data” means any data relating to the Customer’s use, support, and/or operation of the Services, including information relating to volumes, activity logs, frequencies, bounce rates, or other information regarding emails and other communications the Customer generates and sends using the Services.
- Parties’ roles: If EU Data Protection Law or the LGPD applies to either party’s processing of Customer Data, the parties acknowledge and agree that concerning the processing of Customer Data, the Customer is the controller and is a processor acting on behalf of Customer, as further described in Annex A (Details of Data Processing) of this DPA.
- Purpose limitation: Clinical Physio shall process Customer Data only following Customer’s documented lawful instructions as outlined in this DPA, as necessary to comply with applicable law, or as otherwise agreed in writing (“Permitted Purposes”). The parties agree that the agreement sets out the Customer’s complete and final instructions to Clinical Physio concerning the processing of Customer Data. Processing outside the scope of these instructions (if any) shall require a prior written agreement between the parties.
- Prohibited data. The customer will not provide (or cause to be provided) any Sensitive Data to Clinical Physio for processing under the Agreement, and Clinical Physio will have no liability whatsoever for Sensitive Data, whether in connection with a Security Incident or otherwise. To avoid doubt, this DPA will not apply to Sensitive Data.
- Customer compliance: Customer represents and warrants that (i) it has complied, and will continue to comply, with all applicable laws, including Data Protection Laws, in respect of its processing of Customer Data and any processing instructions it issues to Clinical Physio; and (ii) it has provided, and will continue to provide, all notice and has obtained, and will continue to obtain, all consents and rights necessary under Data Protection Laws for Clinical Physio to process Customer Data for the purposes described in the agreement. Customer shall have sole responsibility for the accuracy, quality, and legality of Customer Data and how Customer acquired Customer data. Without prejudice to the generality of the preceding, Customer agrees that it shall be responsible for complying with all laws (including Data Protection Laws) applicable to any emails or other content created, sent, or managed through the service, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices.
- The lawfulness of Customer’s instructions: The customer will ensure that United Kingdom processing of the Customer Data by Customer’s instructions will not cause Clinical Physio to violate any applicable law, regulation, or rule, including, without limitation, Data Protection Laws. Clinical Physio shall promptly notify Customer in writing unless prohibited from doing so under EU Data Protection Laws if it becomes aware or believes that any data processing instruction from Customer violates the GDPR or any UK implementation of the GDPR.
Your Legal Rights
Under certain circumstances, you have rights under data protection laws to your data.
You may have the following rights: –
- A. Request access to your 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 check that we are lawfully processing it.
- B. 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, though we may need to verify the accuracy of the new data you provide.
- C. Request deletion of your data. This enables you to ask us to delete or remove personal data where there is no good reason to continue processing it. You also have the right to ask us to delete or remove your data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your 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.
- D. Object to processing your data where we are relying on a legitimate interest (or those of a third party). Something about your situation makes you want to object to processing on this ground as you feel it impacts your fundamental rights and freedoms. You also have the right to object to processing your data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information, overriding your rights and freedoms.
- E. Request restriction of processing of your data. This enables you to ask us to suspend the processing of your data in the following scenarios:
- If you want us to establish the data’s accuracy.
- Our use of the data is unlawful, but you do not want us to erase it.
- 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.
- You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
- G. Request the transfer of your data to you or a third party. We will provide your data in a structured, commonly used, machine-readable format to you or a chosen third party. Note that this right only applies to automated information; you initially provided consent for us to use or used the information to perform a contract with you.
- H. Withdraw consent at any time where we are relying on consent to process your data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not provide certain services to you.
- We have implemented industry-accepted administrative, physical, and technology-based security measures to protect against the loss, misuse, unauthorized access, and alteration of personal information in our systems. We ensure that any employee, contractor, corporation, organization, or vendor who has access to personal information in our systems is subject to legal and professional obligations to safeguard that personal information.
- We do not use vulnerability scanning and/or scanning to PCI specifications.
- We use regular Malware Scanning.
- Your individual information is comprised behind secured systems and is merely accessible by a restricted number of folks who’ve special access privileges to such systems and must keep the information confidential carefully. Furthermore, your resource’s very sensitive/credit information is encrypted via Secure Socket Layer (SSL) technology.
- We implement several security measures whenever a user gets into, submits, or accesses their information to protect your individual information.
- While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the Internet or form of electronic storage is 100 per cent secure. Therefore, we cannot guarantee its absolute security.
- Clinical Physio prohibits unauthorized access or use of personal information stored on our servers. Such access is a violation of law, and we will fully investigate and press charges against any party that has illegally accessed the information within our systems.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
We make no legal representation that the platform or services are appropriate or available in locations outside the United Kingdom. You may access the platform from outside the United Kingdom. At your own risk and initiative and must bear all responsibility for compliance with applicable foreign laws.
Governing Law and Jurisdiction
This platform originates from the United Kingdom. The laws of the United Kingdom. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United Kingdom. Using this platform, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim to arise under or because of these terms. You hereby waive any right to trial by jury arising out of these terms.
Changes to this privacy notice
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact us or email us at [email protected].
This document was last updated on May 7, 2022