Feetsee

Privacy Policy - Feetsee^TM For At-Home Use

Last Modified 2020/04/10

1. Purpose of the Privacy Policy

This Privacy Policy aims to inform you about data processing in connection with the Feetsee device and Feetsee Products and/or Services as they are defined at Terms of Use of Feetsee™ for At-Home Use. The terms in capital letters that are not expressly defined in this Privacy Policy shall have the meaning attributed to them in the Terms of Use of Feetsee™. The processing of personal data takes place exclusively within the framework of the respective valid legal data protection regulations.

2.References

This Privacy Policy is referenced in the Terms of Use and applies to all Feetsee Products and/or Services. Certain Feetsee Products and/or Services may be subject to supplemental privacy policies as and if described in accompanying documentation relating to a specific Feetsee Product and/or Service.

3. Personal data

Personal data shall be considered any information relating to an identified or identifiable natural person; a natural person is considered as being identifiable, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person. Diabetis is committed to protecting your privacy and the security of your personal data and information which collectively is referred to as Personal data.

4. Controller

A data controller is the natural or legal person, public authority, agency or other body which (alone or jointly with others) determines the purposes and means of the processing of Personal Data. The Controller of Personal data under this Policy is

"Diabetis" JSC, a limited liability company established and operating under the Laws of the Republic of Lithuania (EU), with the registered address at Mokslininku str. 2A, Vilnius (hereinafter – Diabetis).

If You have further questions or concerns or complaints regarding this Privacy Policy and the processing of Your Personal data, please contact us at the following e-mail address: info@diabetis.us .

Please note that as a subject of Personal Data You have a number of rights which will be ensured by Diabetis any time upon your request, i.e.:

to obtain the confirmation as to whether or not Your Personal Data are being processed;
to obtain information about stored Personal Data at any time and receive a copy of this information;
to obtain the rectification of inaccurate Personal Data without undue delay (the right to have incomplete Personal Data completed);
to obtain the erasure of Personal Data without undue delay;
to obtain the restriction of processing Personal Data if the processing is unlawful;
to receive Personal Data, which was provided to Diabetis, in a structured, commonly used and machine-readable format and transmit such data to another controller (where technically feasible and when doing so does not adversely affect the rights and freedoms of others);
to execute the right to object any processing of Personal Data and lodge a complaint;
to execute the right not to be a subject to a decision based solely on automated processing, including profiling, which produces legal effects to You;
to execute the right to withdraw Your consent to the processing of Personal Data at any time.

5. Legal basis for the processing Personal Data

Personal Data provided by You or by other authorized individuals, will be processed for the following purposes:

Legal Basis and Purpose	Is explicit consent required?	Collected Personal Data	Is provision of Personal Data mandatory? What are the consequences of the refusal to provide such data?
A. Registration at the Site / the App
Fulfilment of pre-contractual obligations and obligations deriving from registration at the Site/ the App, consent of the data subject (for the special categories of Personal Data).	Yes – explicit consent only for “special categories of data” such as Feetsee prescription number and other health related data.	First and last name; Date of birth; Gender; Phone number; E-mail; Location; Healthcare specialist’s prescription information.	Yes – the provision of the Personal Data, including granting of the consent to processing of Your health related data and other special categories data, is mandatory. In case of refusal to provide Personal Data, Diabetis may not be in position to provide You with and ensure the proper functioning of the Site and the App to You as a Feetsee user.
B. Usage of Feetsee Products and/or Services
Fulfilment of contractual obligations deriving from Your usage of Feetsee Products and/or Services, consent of the data subject (for the special categories of Personal Data). Measuring, monitoring, and evaluating Your foot temperature, analysing received data. Facilitating visits to Your healthcare provider, communicating instructions and other information as authorized by a healthcare provider to You as a Feetsee user. Sending e-mails or messages through Your account on the Site and/or App in relation to relevant Feetsee Products and/or Services (e.g. information on connectivity issues, security advisories, support and maintenance advisories, etc). Handling Your requests for any other reasons.	Yes – explicit consent only for “special categories of data” such as data concerning Your health, which will be collected and processed in order to execute and administer Your usage of Feetsee Products and/or Services.	Feet temperature (including pictures) obtained by using a Feetsee or collected from healthcare providers; Medical history and/or healthcare specialist’s prescription information; Your correspondence with the healthcare provider through the Site and/or the App; Your health related data submitted by Your healthcare provider.	Yes – the provision of the Personal Data, including granting of the consent to processing of Your health related data and other special categories data, is mandatory. In case of refusal to provide Personal Data, Diabetis may not be in position to provide you with and ensure the proper functioning of Feetsee Products and/or Services to You as a Feetsee user.
C. Purposes set forth by the law
Compliance with legal obligations (e.g. fiscal, accounting, administrative obligations) by Diabetis required under laws or orders issued by the competent national authorities and other public bodies.	No	Personal data specified by the applicable law.	Yes – this Personal Data is needed for Diabetis to be able to comply with its legal obligations.
D. The Log file data visiting the Site/ the App
Legitimate interests of Diabetis to maintain and ensure functioning of the Site/the App. Each time you access the Site/the App, Your browser automatically transmits data that are stored in the log files of the server. The Log file data is evaluated anonymously in order continuously to improve the Site/the App, to adapt it to Your interests and to be able to remedy errors quickly.	No	Information about browser type and browser version, operating system of the user, Internet service provider and IP address of the user, date and time of the access.	Yes – the provision of this Personal Data is necessary for enabling you to use the Site/the App.
E. Cookies
Consent of the data subject. The Site and/or the App may use cookies to collect certain information. Diabetis may use both session cookies and persistent cookies.	Yes	Information about visiting the Site and/or the App, i.e. specific action and all requests You makes to the Site and/or the App (e.g. page views, actions, number of clicks).	No

You as a Feetsee user may, at any time, object to the collecting and/or processing of your Personal Data when it is processed on the basis of your consent or on the basis of our legitimate interests.

6. Types of Personal data collected by Diabetis

There are various types of collected and processed data which are being collected and processed under legal grounds as set forth in this Privacy Policy. You and/or healthcare providers and authorized distributors of Feetsee may also provide Diabetis with other Personal Data in connection with the use of it, including but not limited to information collected in the course of providing monitoring or support related to an individual’s use of Feetsee.

A note about children. Diabetis does not intentionally gather Personal Data from individuals who are under the age of 13. If a child under 13 submits Personal Data to Diabetis and we learn that the Personal Data is the information of a child under 13, we will attempt to delete such information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at info@diabetis.us .

7. Use and Disclosure of Personal Data

Diabetis may disclose Your Personal Data to Your healthcare provider(s) and/or Diabetis-designated distributors, including without limitation, health related data and the frequency of Your recorded use of the Feetsee or other applicable Product and/or Service.

Some Personal Data will be anonymized and later analyzed so that Diabetis may enhance existing, or develop new, Products and/or Services. Diabetis reserves the right to use such data for any purpose and disclose such data to third parties in its sole discretion, unless expressly prohibited by applicable laws or regulations.

Within the context of the data processing described in this Privacy Policy, it might be possible that Diabetis transfers Personal Data to the following categories of recipients:

Healthcare providers, health insurance providers, and/or healthcare team for healthcare purposes and about Your use of the Feetsee.
Diabetis-designated distributors. Personal Data may be shared with Diabetis-designated distributor for the purposes of communicating with You about Your use of Feetsee At-Home.
Third party service providers which provide Diabetis with IT, hosting, disaster recovery services, telecommunication, or support services – but only to the extent reasonably necessary for them to provide the services requested by Diabetis.
Diabetis parent companies, affiliates, subsidiaries, or other companies under a common control.
Disclosures in the event of corporate restructuring.
Other disclosures. Diabetis may disclose Personal Data and Patient Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Diabetis; (c) to protect or defend the rights or property of Diabetis, its affiliates, and/or its or their partners, customers, or users; and/or (d) to assist or investigate in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

8. Third party websites

The Site and/or the App may contain links to third party websites which may automatically link You to any other website or location. That would mean You leave the Site and/or the App and go to another site and another entity may collect Your personal data. DIABETIS HAS NO CONTROL OVER, DO NOT REVIEW, AND CANNOT BE RESPONSIBLE FOR THESE OUTSIDE WEBSITES OR THEIR CONTENT. PLEASE BE AWARE THAT THE TERMS OF THIS PRIVACY POLICY DO NOT APPLY TO THESE OUTSIDE WEBSITES OR CONTENT, OR TO ANY COLLECTION OF YOUR PERSONAL DATA AFTER YOU CLICK ON LINKS TO SUCH OUTSIDE WEBSITES.

9. Storage and security of Personal Data

Personal Data will be retained for a period of time which is equal to the duration of the validity of Your account as a Feetsee Products and/or Services user and for the following 10 years from the expiry, termination, withdrawal from the latter, save for cases where a longer retention period is required for possible disputes, requests of the competent authorities or pursuant to the applicable legislation.

In accordance with data protection laws, Diabetis assures You that all the reasonable efforts to ensure the required safety of Your Personal Data are being taken.

Once the retention period is over the data will be deleted or anonymized.

Diabetis is concerned about safeguarding the confidentiality of Your Personal Data and uses a variety of industry-standard security technologies and procedures to help protect Personal Data from unauthorized access, use, or disclosure. Diabetis uses reasonable efforts to protect Personal Data. Please be aware that, although we endeavour to provide reasonable security for information we process, no measures are completely secure and could not guarantee protection from all potential security breaches at any time.

Diabetis storage of Personal Data is situated in United States of America.

10. Changes to this Privacy Policy

Diabetis reserves the right to modify the Privacy Policy at any time as needed with a prior notice about the essential updates or changes. Any new amendments shall enter into force from the moment they are published on the Site and/or the App. For this reason we kindly ask you to read the Privacy Policy before using the Site and/or the App.

I UNDERSTAND & AGREE