Privacy Policy / eMoodie Minds

Introduction

This policy (together with our Terms of Use) applies to your use of:

eMoodie Minds mobile application (App) available for Android and iOs, once you have downloaded or streamed a copy of the App onto your mobile telephone (Device), and 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. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

Important information and who we are

eMoodie Limited is the data processor and controller for this App (collectively referred to as "Company", "we", "us" or "our" in this policy) and are responsible for your personal data.
If you have any questions about this privacy policy, please contact us using the details set out below.

Contact details

Our full details are:

Full name of legal entity: eMoodie Limited (SC681171)

Email address: cedric@emoodie.com

Data Protection Officer Details: Cedric Clain, Chief Technology Officer at eMoodie Limited

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 but we would welcome the opportunity to address any of your concerns prior to a complaint being made to the ICO.

Changes to the privacy policy and our duty to inform you of changes

We keep our privacy policy under regular review.
This version was last updated on 28th of February, 2024. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next start the App or visit emoodie.com. 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.
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.

The data we collect about you

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

Identity Data e.g. first name and last name.
Contact Data e.g. email address.
Health Data e.g. any information derived from testing or examination of a body part or bodily substance, including voice recordings and symptom data provided during your use of the App. Data information that you enter into the app may be analysed using natural language processing to improve the way our therapeutic exercises are delivered.

Device Data e.g. the type of mobile device you use, mobile network information, your mobile operating system, time zone setting. We use this data for the purposes of preparing crash reports and troubleshooting the App.

Profile Data e.g. your username and password, your preferences, feedback and survey responses.

We collect Health Data which is categorised as a Special Category of Personal Data for the purposes of assessing the therapeutic value of the use of the app and better understand digital markers of symptoms. In providing your consent to the installation and use of the App, you provide consent to our use of Health Data for such
purposes. We do not collect other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership or genetic data). Nor do we collect any information about criminal convictions and offences.

How is your personal data collected?

We will collect and process the following data about you:

Information you give us. This is information (including Contact Data) you consent to giving us about you by filling in forms in the App, or by corresponding with us (for example, by email). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service or enter a survey or questionnaire and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.
Information we collect about you and your device. Each time you visit one of Our Sites or use one of our Apps we will automatically collect personal data including Device and Content. We collect this data using cookies and other similar technologies. Please see our cookie policy for further details.

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 it is necessary for our leaitimate interests lor those of a 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 use your Health Data when we have your express consent to do so as it is a Special Category of Personal Data.

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:

Internal Third Parties as set out below.
External Third Parties as set out below.

Data security

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

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.

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

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

In all circumstances we will anonymise your personal data (so that it can no longer be associated with you) for 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 for a period of one year then we will treat the account as expired and your personal data may be deleted.

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: Microsoft Azure which provides cloud-based servers for data storage.

Your legal rights

You have the right to:

Request access to your personal 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 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, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right 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.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal 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 be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.