Last updated: 2 September 2022
Proximie Limited, a United Kingdom based limited company, on its own behalf and on behalf of its affiliates and/or wholly owned subsidiaries (“Proximie”, ”we”, “us”, ”our”), believes that protecting personal information is one of our most important responsibilities. This Privacy Policy (“Privacy Policy”) sets out how Proximie collects, uses, and stores personal information. Personal information is information that can be used to identify you directly or indirectly. Proximie uses this personal information to deliver the Products and Services effectively and efficiently, as described below. With a global presence, Proximie must comply with the privacy and data protection laws of the jurisdictions in which we operate, including but not limited to the General Data Protection Regulation, which require us to provide information about what personal information we process, what rights are available, how those rights can be exercised, and how to make complaints or ask questions. When we use the words, “process” or “processing” we mean using, collecting, storing, recording, amending, organizing and managing personal information. When we use the words: “Controller” we mean the organisation that is responsible for managing your personal information and determining how it is processed; and “Processor” we mean the organisation that is acting on the Controllers instruction and processing your personal information on their behalf.
This Privacy Policy contains two main sections:
We encourage you to read this Privacy Policy to understand how Proximie collects, uses, stores and otherwise processes your personal information as well as your associated rights.
Updates and Changes to this Privacy Policy.
This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our processing of your personal information and privacy practices. We will post a notice on Proximie’s website(s), or somewhere appropriate, to notify you of any significant changes to this Privacy Policy and indicate at the top of the Privacy Policy when it was most recently updated.
In situations where Proximie acts as the Controller the Controller is:
Proximie Limited, (company number: 10509541) with a registered office address at: 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT.
Proximie is registered with the Information Commissioner’s Office (registration number ZA508920).
What Personal Information Does Proximie Collect, For What Purpose and What is the Legal Basis or Bases Relied Upon?
We collect information in a variety of ways including information that you provide to us or that is automatically collected during your interaction with the Services. When we collect your personal information for this, we must tell you the types of personal information that are collected, our reason (purpose) for our collection and processing of that information, and the legal basis/ bases that we rely on for such collection and processing to occur. The below table sets this out and describes the five types of personal information we process, the associated purpose and the corresponding legal bases.
Profile Information:
(name; contact details (address, country, phone number, email address); employer or organisation; job title; feedback; registration or identification numbers; verification/ authentication information)
to enable the use of the Service, contact you about new features or status updates, and/or respond to your request. Where Proximie collects information related to recruitment or employment, Proximie utilises this information to make informed assessments.
Legitimate interest:
in product research and development; to market, grow and promote the Service and our products; to improve the products and Services we offer; in operating and administering our business and the Services;
Compliance with our legal obligations;
Consent (where indicated and which may be withdrawn); or
Performance of a contract with you.
Financial Information:(payment details and account numbers)
to manage our financial arrangements and to provide payments to our vendors and suppliers.
Performance of a contractCompliance with legal or regulatory requirements;
Legitimate interest in operating our business
Device and Location Information:(IP address, geolocation or other location identifying information, browser types and interfaces, unique device attributes, operating system)
to provide insights into the user and Services experience and to provide support
Legitimate interest:in operating and delivering our Services; to improve our product and Service offering;
Consent (where indicated, which may be withdrawn).
Recruitment Information: (name; contact details, CVs, special category data)
to manage your application in relation to potential engagement or employment and to keep a record of the applications made for future opportunities.
Consent, when you submit your application to us.
Explicit consent, when we process special categories of data.
Cookies and Related Technologies
we use cookies and similar tracking technologies to enable, utilise and provide the Services.
To learn more please see the Cookies section below and our Cookie policy available at: https://www.proximie.health/cookie-policy/.
We may also use your personal information that we process to protect against and prevent fraud, claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our policies and terms with you or our customers. We use personal information for these purposes when it is necessary to protect, exercise or defend our legal rights, or when we are required to do so by applicable law.
How Does Proximie Protect Personal Information?
Proximie takes security of personal information seriously and Proximie maintains appropriate policies, practices, technical controls, and security measures to safeguard personal information. These controls and measures are in place to protect personal information from being accidentally destroyed, misused, or disclosed and to ensure that such personal information is processed in accordance with applicable data protection laws, rules, and regulations. These measures include appropriate IT and software security and physical controls. Additionally, Proximie holds data only for as long as is necessary to accomplish the purpose, in line with Proximie’s data retention and disposal policy. Proximie also retains personal information when we have a legitimate interest to do so (such as improving and developing Services) and for regulatory and legal compliance, and legal claims. Personal information will only be processed by those that need to know such information and only to the extent required to accomplish the purpose. When we share your personal information with the organisations listed below and where required to do so, we enter contracts with them to safeguard your personal information, such as data protection agreements. Further details of Proximie’s personal information security measures are available in our Security Addendum, which is available on request and subject to entry into a Non-Disclosure Agreement.
Who Does Proximie Share My Personal Information With?
Subject to applicable law, Proximie may share your personal information with the following and for the following reasons:
Global Operations & Worldwide Transfers.
Subject to compliance with applicable law, Proximie may transfer your personal information outside of your home country, including for further processing to our Affiliates and our Processors, including out Service Providers. Such transfers may be to countries where data protection laws are not equivalent to those in your home country, including to the United States and Lebanon. Proximie will ensure adequate safeguards are put in place where your personal information is transferred between countries. This includes, but is not limited to, the use of and reliance upon UK/EU Standard Contractual Clauses, adequacy decisions, or your explicit consent. If you are located in Australia or New Zealand, you should refer to the Country Specific Addendum below for further information.
Your Data Protection Rights.
If your personal information was provided to Proximie by or on behalf of one of our customers and you wish to exercise any rights you may have under the applicable data protection laws, you should raise such questions with the customer in the first instance as they are the ones responsible for your personal information.
In relation to personal information Proximie collects as Controller, the following is a summary of your data protection rights. To exercise these rights please contact Proximie via the details provided below in “Contact Proximie”. You may have the right to:
Proximie will provide this information to you free of charge unless the request is ‘manifestly unfounded or excessive’, when we may choose to charge a reasonable administration fee or refuse to respond. We will endeavour to respond to your request, or provide the information requested as soon as possible. To ensure data security we may request evidence of identification in regard to the above rights.
We need certain types of information to provide the Services to you. As such, if you ask Proximie to delete this information you may no longer be able to access or use the Services.
Marketing Material
Where you have consented to us providing you with marketing material, you are free to withdraw this consent at any time. If you wish to stop receiving the information, you can unsubscribe at any time by:
Contact Proximie
If you have any questions or comments about this Privacy Notice or wish to exercise any of the rights above please email : [email protected] or write to us at:
ATTN: Proximie’s Data Protection Officer
3rd Floor 1 Ashley Road,
Altrincham, Cheshire,
United Kingdom, WA14 2DT
Additionally, those in the European Economic Area (“EEA”) may also contact our representative in the Union, Kaleidoscope Data Privacy Consultants Limited (KDPC IE), by sending an email to: [email protected] with [email protected] in cc.
Complaints
If you believe that Proximie has not complied with its data protection obligations, you should raise this in the first instance with Proximie. If the matter is not resolved to your satisfaction, you may complain to the relevant data protection supervisory authority in your country, such as the Information Commissioner’s Office in the United Kingdom. For further information please visit the ICO website, https://ico.org.uk/your-data-matters/raising-concerns or telephone: 0303 123 1113.
Australia:
Transfers and Disclosures to Third Countries:
Your personal information may be transferred to or otherwise disclose to recipients in countries outside Australia, including but not limited to the following countries: Lebanon, United Kingdom and the United States.
Storage:
Your information will likely be stored on infrastructure located within the United States, United Kingdom, Australia, Singapore, Lebanon, Japan, Germany, France.
Our obligations to you:
For Australian data subjects, our obligations under the Privacy Act 1988 (Cth) apply regardless of whether we process your data on our own or our customers’ behalf.
Complaints:
To contact us or submit a complaint regarding compliance with applicable Australian law, please contact us using the information above. We will work to respond as quickly as we can and within 30 days. If we cannot resolve the matter for you, you may make a complaint to the Office of the Australian Information Commissioner (OAIC). For further information, please visit the OAIC website at www.oaic.gov.au.
New Zealand:
Transfers and Disclosures to the Third Countries:
Your personal information may be transferred to or otherwise disclose to recipients in countries outside New Zealand, including but not limited to: Lebanon, United Kingdom and the United States.
Storage:
Your information will likely be stored on infrastructure located within the United States, United Kingdom, Australia, Singapore, Lebanon, Japan, Germany, France.
Complaints:
To contact us or submit a complaint regarding compliance with applicable New Zealand laws, please contact us using the information above. We will work to respond as quickly as we can. If we cannot resolve the matter for you, you may complain to the Office of the Privacy Commissioner. For more information, please visit the OPC website, https://privacy.org.nz.
This Privacy Statement for Product End Users, describes how we address privacy with respect to our Products where they are provided to you or used by our customers. In these situations, the customer is the Controller of your personal information, Proximie is the Processor acting on behalf of our customer. In simple terms, your personal information is provided to us under the framework of our relationship(s) with, and strict instructions from, our customer.
What Personal information Does Proximie Collect and Why?
Proximie processes audio-visual data of surgical operations performed in a clinical environment. This video is-streamed and/or stored by Proximie to provide the Products to our customers and users. Proximie may use this information, including Usage Data (defined below), to facilitate, maintain, administer, operate, enhance and provide the Products; to comply with our contractual and legal obligations; and for the protection and security of our Products. Your organisation may use the Products to process your personal information in order to monitor performance, track usage, and/or distribute or otherwise utilise the Products.
We collect information that our customers need Proximie to collect in order to provide the Products, including information that is provided to us by our customers or that you provide directly to us as an enterprise user. Below we set out the types of personal information that we collect and the associated purpose(s) for our processing of this personal information:
Profile Information:
(name; contact details (address, country, phone number, email address); employer or organisation; job title; feedback; registration or identification numbers; verification/ authentication information; user IDs and login details)
to enable the use of and to deliver the Product(s) including access to and management of the Proximie platform and sessions, such as enterprise user account creation and management; to contact users about new features or status updates and to provide support services.
User Generated Content:
(videos, still images, voice or audio recordings, live video streams or real-time content, telestrations, annotations/ chats, session titles, descriptions, times and dates)
to perform its obligations under the relevant agreement(s) and to provide the Products to its customers.
Financial Information:
(payment details and account numbers)
to manage our financial arrangements and perform our contractual obligations.
Usage Data:
(information regarding how you, our users, interact and engage with the Products. This information includes viewed content, time on pages or the pages and modules interacted with, user experience data, frequency of engagement or use of the Products, communications and the content processed through the Products, settings, and how you navigate through or interact with the Products)
to provide insights into the user and Products experience, perform maintenance and provider support and/or troubleshooting assistance. Proximie may also use this information to generate metrics for our customers.
Device and Location Information:
(your IP address, geolocation or other location identifying information including precise location. We collect your unique device identifiers and attributes including your device operating system and browser types and inferences based on your use of the Products)
to provide insights into the user and Products experience, user authentication, security, perform maintenance, deliver the Products and provide support and/or troubleshooting assistance.
Special Category Data:
(including, health data related to a customer’s patients)
to deliver and enable our customers to use the Products.
Cookies and Related Technologies
We use cookies and similar tracking technologies to enable, utilise and provide the Services. To learn more please see the Cookie section below and our Cookie policy available at: https://www.proximie.health/cookie-policy/.
Who Does Proximie Share Personal Information With?
Subject to instructions from Controllers (as set out in our agreements with our customers) and applicable law, Proximie may share your personal information with the following and for the following reasons:
Global Operations & Worldwide Transfers.
Subject to instructions from Controllers and in compliance with applicable law, Proximie may transfer your personal information outside of your home country, including for further processing to our Affiliates and our Processors. Such transfers may be to countries where data protection laws are not equivalent to those in your home country. Where your information is so transferred, Proximie will ensure adequate safeguards are put in place. This includes, but is not limited to, the use of and reliance upon UK/EU Standard Contractual Clauses, adequacy decisions or your explicit consent.
Further information is available through Proximie’s Documentation, available to customers upon request. When processing data, Proximie uses “Data Regions” to efficiently host, store and process data. In relation to our standard AWS based offering, personal information is hosted at the server locations corresponding to the “Data Region that a customer selects at setup. These “Data Regions” and associated Server Locations are currently:
US East
Ohio, United States
Europe
Frankfurt, Germany
Asia Pacific 1
Singapore
Asia Pacific 2
Sydney, Australia
User Generated Content such as a sessions’: video, audio, images, chats, description, actual recording date and time and telestrations on the Proximie commercial platform, are hosted and retained within the corresponding Data Region. For security and redundancy, Proximie utilises a Global Data Region which stores and hosts pseudonymised data related to user information and session details. This Global Data Region is hosted between sites in Frankfurt, Germany and Paris, France. This Global Data Region hosts a limited number of data points, including a session’s: title, scheduled date and time and user identity (title, city).
How Does Proximie Protect Personal Information?
Proximie takes security of personal information seriously and Proximie maintains appropriate policies, practices, technical controls and security measures to safeguard personal information. These controls and measures are in place to protect personal information from being accidently destroyed, misused or disclosed and to ensure that such personal information is processed in accordance with applicable data protection laws, rules and regulations. These measures include appropriate IT and software security and physical controls. Proximie processes audio-visual data of surgical operations performed in a clinical environment. This video is-streamed and/or stored on our cloud servers and is accessible to health care professionals who use our Products. We encourage customers and users who use the Services to avoid or minimise capturing identifiable personal information in audio-visual recordings, secure messages, and session names. Proximie holds data only for as long as is necessary and in line with Proximie’s data retention and disposal policy, contractual requirements, and instructions from our customers. Proximie also retains information when we have a legitimate interest to do so (such as improving and developing Services) and for legal claims. Personal information will only be processed by those that need to know such information. When we share your personal information with the organisations listed above and where required to do so, we enter contracts with them to safeguard your personal information, such as data protection agreements. Further details of Proximie’s personal information security measures are available in our Security Addendum, which is available on request and subject to entry into a Non-Disclosure Agreement.
Your Data Protection Rights.
Where Proximie processes personal information for a customer and you wish to exercise any rights you may have under the applicable data protection laws, you should raise such questions with the customer.
This section applies only to California consumers. It describes how we collect, use, and share California consumers’ personal information in our role as a business, and the rights applicable to such residents. For purposes of this section “personal information” has the meaning given in the California Consumer Privacy Act (“CCPA”). Proximie does not sell your personal information or your end users’ personal information.
We process your personal information only in order to provide the services and we do not retain, use, or disclose your personal information outside of the scope of the agreement we have with you.
Your California Rights:
You have certain rights regarding the personal information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.
Right to Know:
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Right to Delete:
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
How to Exercise Your California Rights:
You can exercise your rights yourself or you can alternatively designate an authorised agent to exercise these rights on your behalf. Please note that to protect your personal information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorised agent have written permission from you to make requests on your behalf, and we may also need to verify your authorised agent’s identity to protect your personal information.
Please email us at [email protected] if you would like to exercise your rights pursuant to CCPA or learn more about your rights or our privacy practices.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. When you visit a website that uses cookies, a cookie is downloaded onto your device so that the next time you visit that website, your device will remember useful information such as preferences, visited pages or logging in options. Cookies are widely used in order to make websites work or work more efficiently as well as to provide reporting information. These cookies are sent to your browser from the websites that you visit and are stored on your device’s internal memory.
This Service does use these “cookies” for session management. The app may use third party code and libraries that use “cookies” to collect information and improve our and their services. Data sent to these third-party services will not involve electronic patient health or personally identifiable information. You do not have the option to refuse these cookies. You will not be able to use Proximie without accepting their use.
You can control and/or delete cookies as you wish – for details, see www.aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work. As mentioned above, you will not be able to opt-out of any cookies or other technologies that are “strictly necessary” for the services. Where you have not set your permissions, we may also separately prompt you regarding our use of cookies on the site or the Proximie’s platforms.
ONETRUST
When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalised web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change your default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.
COOKIE POLICY - You can view the full cookie policy here.
Amazon Web Services:
Hosting of the software as a service application, including user and organisational data storage of video calls and audio, including surgical images and recordings.
Privacy notice – https://aws.amazon.com/privacy/
Slack Technologies
Entity subprocessing activities: Communications Platform
Entity Country: United States of America
Entity policies: https://slack.com/intl/en-gb/privacy-policy
Microsoft Azure
Entity subprocessing activities: Servers hosting services
Entity Country: United States of America
Entity policies: https://azure.microsoft.com/en-gb/support/legal/
Sahara Net
Entity subprocessing activities: Servers hosting services (for use in KSA only)
Entity Country: Kingdom of Saudi Arabia
Entity policies: https://security.sahara.com/
Microsoft Dynamics 365
Entity subprocessing activities: Analytics and CRM Services
Entity Country: United States of America
Entity policies: https://privacy.microsoft.com/en-gb/privacystatement
https://docs.microsoft.com/en-gb/dynamics365/get-started/gdpr/
Microsoft Office 356
Entity subprocessing activities: Communications and Documentation Platform
Entity Country: United States of America
Entity policies: https://docs.microsoft.com/en-us/microsoft-365/compliance/office-365-information-protection-for-gdpr?view=o365-worldwide
https://docs.microsoft.com/en-us/office365/servicedescriptions/office-365-platform-service-description/privacy-security-and-transparency
Google Cloud Firebase
Entity subprocessing activities: Analytics and Communications services
Entity Country: United States of America
Entity policies: https://firebase.google.com/support/privacy
https://firebase.google.com/policies/analytics
https://policies.google.com/privacy
Google Analytics
Proximie uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the responsible body for the data processing that occurs via this website has their basis outside of the European Economic area and Switzerland, then the associated Google Analytics data processing is carried out by Google LLC. Google Ireland Limited and Google LLC. will hereinafter be referred to as “Google”.
Google Analytics is used exclusively with the extension “_anonymizeIp ()”. This extension ensures an anonymization of the IP address by truncation and excludes a direct personal reference. Via this extension Google truncates the site visitor’s IP address within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional situations will the site visitor’s full IP address be transmitted to Google servers in the United States and truncated there. The IP address, that is provided by the site visitor’s browser in using Google Analytics will not be merged by Google with other data from Google.
On behalf of the site operator, Google will use the information collected to evaluate the use of the website, to compile reports on website activity and to provide other website and internet related services to the site operator (Art. 6 (1)( f) GDPR). The legitimate interest in data processing lies in the optimization of www.proximie.health, my.proximie.health, beta.proximie.health and their mobile clients, the analysis of the use of these websites and the improvement of their content and features. The interests of the users are adequately protected by the pseudonymization of their IP address. No other personal information is collected.
Further information concerning data processing and use by Google, the settings and deactivation possibilities can be found in the Google Privacy Policy (https://policies.google.com/privacy) as well as in the Google Ads Settings (https://adssettings.google.com/authenticated)
Atlassian
Entity subprocessing activities: Communications, documentation and customer support services
Entity Country: United States of America
Entity policies: https://www.atlassian.com/legal/privacy-policy
Tableau
Entity subprocessing activities: Analytics services
Entity Country: United States of America
Entity policies: https://www.tableau.com/en-gb/legal/regional-privacy-laws
Intercom
Entity subprocessing activities: Communications and customer support services
Entity Country: United States of America
Entity policies: https://www.intercom.com/legal/terms-and-policies