(Abi Global Health Limited)
Version Number: 1.2
Creation Date: August, 2020
Revision Date: August, 2020
Notice Owner: Abi Global Health Limited
Identity of the Data Controller and Contact Details
“Data controllers” are the people who or organisations that determine the purposes for which, and the manner in which, any Personal Data is processed, that make independent decisions in relation to the Personal Data and/or otherwise control that Personal Data.
Our Data Protection Coordinator can be contacted as follows:-
Purpose and Scope
Laws that apply to us:
|State and/or Country of Incorporation||Applicable Law|
Why and how do we ensure compliance?
Data Protection and Privacy Laws provides rights to individuals with regard to the use of their Personal Data by organisations, including our organisation. Irish and EU laws on data protection govern all activities we engage in with regard to our collection, storage, handling, disclosure and other uses of Personal Data.
Compliance with the data protection rules is a legal obligation. In addition, our compliance with the data protection rules helps individuals to have confidence in dealing with us and helps us to maintain a positive reputation in relation to how we handle personal data.
We need to demonstrate accountability for our data protection obligations. This means that we must be able to show how we comply with the applicable Data Protection and Privacy Laws, and that we have in fact complied with the laws. We do this, among other ways, by our written policies and procedures, by building data protection and privacy compliance into our systems and business rules, by internally monitoring our data protection and privacy compliance and keeping it under review, and by acting if our representatives, including employees or contractors, fail to follow the rules. We also have certain obligations in relation to keeping records about our data processing.
Who must comply?
What are the Data Protection principles and rules?
We aim to comply with the following principles found in Data Protection Law:
Lawfulness, fairness and transparency – Personal data must be processed lawfully, fairly and in a transparent manner.
Purpose Limitation. Personal data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
Data minimisation – Personal Data must be adequate, relevant and limited to what is necessary in relation to purposes for which they are processed.
Accuracy – Personal data must be accurate and, where necessary, kept up to date. Inaccurate Personal Data should be corrected or deleted.
Retention – Personal data should be kept in an identifiable format for no longer than is necessary.
Integrity and confidentiality – Personal data should be kept secure.
Accountability – Under the GDPR, we must not only comply with the above six general principles, but we must be able to demonstrate that we comply by documenting and keeping records of all decisions.
What types of personal data will we process?
Categories of Personal Data
|Category of Data Subject||Regular Personal Data||Special Category Data (SCD)|
|Doctors (Contract Collaborating)||Contract: Name; contact details; payment information; specialisation; nationality, country of medical licence; DoctorID (issued by Abi).|
Technical: IP; chat (voice and text) logs; ratings
Who has access to or processes personal data?
Directors and Employees of the Business
Directors and employees of the Organisation who are bound by confidentiality agreements will process personal data on behalf of the business.
We may use trusted service providers who could be considered recipients of personal data and may be classes as data processors, sub-processors or third parties. We need to have written agreements in place with all of our data processors and, before we sign each agreement, we need to have vetted and be satisfied with the processor’s data security. The agreements also need to contain specific clauses that deal with data protection. We require all third parties to have appropriate technical and operational security measures in place to protect your Personal Data, in line with Irish and EU laws on data protection. Service providers will have access to only the personal data needed to perform functions required of them and may not use it for any other purpose.
We use the following categories of third party service providers including data processors in the course of our business:
- Cloud Web and App Hosting Services
- Corporate Communications Platforms
- Secure Chat Channels
- Nature Language Processing and Machine Translation Platforms
- Professional Service Providers such as Lawyers, Solicitors and Accountants
- Financial Transaction Providers
- Telecoms Service and Carrier Providers
We may pass on your details if we are under a duty to disclose or share a Data Subject’s Personal Data in order to comply with any legal obligation, or in order to enforce or apply any contract with the Data Subject or other agreements; or to protect our rights, property, or safety of our employees, customers, or others. This includes reporting information about incidents (as appropriate) to the law enforcement authorities and responding to any requirements from law enforcement authorities to provide information and/or Personal Data to them for the purposes of them detecting, investigating and/or prosecuting offences or in connection with crime sentencing.
Where does your data travel to?
Our regular international transfers of personal data outside of the EEA are listed below.
- If you email us and we respond, your data is transferred through GSuite (USA) under the Standard Contractual Clauses.
- If you consent to Google (USA) related cookies, your data is transferred under the Standard Contractual Clauses.
- If you fill in a form on Jotform (USA), your data is transferred under the Standard Contractual Clauses.
If we transfer your Personal Data out of the EEA, we ensure an adequate degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Data the same protection it has in Europe.
Please contact us for further details of any intended transfers to a third country (non-EU member state) or international organisation and details of adequacy decisions and safeguards.
Automated Decision Making and Profiling
Automated Decision Making refers to a decision which is taken solely on the basis of automated processing of your personal data. This means processing using, for example, software code or an algorithm, which does not require human intervention. As Profiling uses automated processing, it is sometimes connected with automated decision making. Not all profiling results in automated decision making, but it can do.
Besides the natural language processing currently implemented in Abi to highlight possible emergency situations and prioritise or assign queries, which may be construed to be profiling, we do not use automated decision making or individual profiling in our normal course of business.
We follow strict security procedures in the storage and disclosure of your Personal Data, and to protect it against accidental loss, destruction or damage. We take appropriate security measures against unlawful or unauthorised processing of Personal Data, and against the accidental loss of, or damage to, Personal Data. The data you provide to us is protected using modern encryption, intrusion prevention, and account access techniques. We have put in place procedures and technologies to maintain the security of all Personal Data from the point of collection to the point of destruction. We maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
Confidentiality means that only people who are authorised to use the data can access it.
Integrity means that Personal Data should be accurate and suitable for the purpose for which it is processed.
Availability means that authorised users should be able to access the data if they need it for authorised purposes.
We have a documented data retention schedule. Generally, we will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for. As a doctor providing service on Abi, we will keep your personal data while you are registered and provide service through the platform, and, once you have deregistered for 10 years, except where the legal obligation of data retention requires a longer period. In accordance with applicable law, any relevant document for commercial purposes 6 years and for tax purposes 7 years.
We may also retain your personal data during the period of time needed to complete our legitimate business operations, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We may use your Personal Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. Where appropriate, you will be asked whether you wish to receive any marketing communications from us.
We will not share your Personal Data with any third party for marketing purposes. You may object to direct marketing by using the contact details herein to opt-out or make use of the opt-out links on communications.
Cookies and Other Technical Personal Data
Cookies are small text files that are transferred to your computer’s hard drive through your web browser to enable us to recognise your browser and help us to track visitors to our site. Most web browsers automatically accept cookies, but, if you wish, you can set your browser to prevent it from accepting cookies. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Technical Personal Data
Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. We may gather technical information for security reasons. We will make no attempt to identify individual visitors, or to associate the technical details listed below with any individual. We will only use the technical information for statistical and other administrative purposes.
We may collect this technical information from you when you visit our website and accept cookies. This information may include standard information from you (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on our website (such as the web pages viewed and links clicked). We do note that your IP address is considered personal data under the GDPR.
Certain information in relation to web usage is revealed via our internet service provider who records some of the following data. Whilst we do not access this information regularly, the technical information may be used to inform our security measures, to allow us improve the information we are supplying to our users, to find out how many people are visiting our sites and for statistical purposes. The information we receive depends upon what you do when visiting our site:
- The IP address you are using.
- The date and time you access our site.
- The pages you have accessed and the documents downloaded.
- The previous Internet address from which you linked directly to our site.
- The user agent used to access our site.
Sale of Business
Information on Consent
You may withdraw consent at any time by providing an unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify withdrawal of consent to the processing of Personal Data relating to you. If you have any queries relating to withdrawing your consent, please contact our Data Protection Coordinator using the contact details set out below.
Withdrawal of consent shall be without effect to the lawfulness of processing based on consent before its withdrawal.
Details of data processing activities
We have captured our data processing activities in a general manner below. For specific details, please contact us and we will identify actual processing that occurs over your personal data and the lawful basis we rely on for such processing.
|Categories of Data||Purpose/Activity||Possible Lawful Basis for Processing|
|Name and Contact Details||To manage our relationship with you as a contracted doctor.|
|Name and Contact Details||Electronic account creation and/or management.|
|Name, Phone Number, Email Address, Nationality, Country of Medical Licence, Language Preference.||Providing service through Abi.|
|Name and Contact Details||Use the Personal Data that you provide on our web forms and questionnaires.||Necessary steps to prior to entering into a contract with you|
|Name and Contact Details||Notifying you about changes to our terms or this policy.||Necessary to comply with our legal obligation|
|Name and Contact Details||Asking you to leave a review or take a survey.||Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)|
|Name and Contact Details; IP Address||To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).|
|IP Address||To use data analytics to improve our website, products/services, marketing, customer and investor relationships and experiences.||Necessary for our legitimate interest (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|Name and Contact Details||To respond to your enquiry, feedback or complaint.|
|Name and Contact Details; Invoices||To comply with our tax obligations.||Necessary to comply with a legal obligation|
|Voice/Video Data||Record communications to use for evaluation and training purposes, ensure quality of service and courses, maintain a record of services requested and for compliance purposes.|
What rights do you have?
Under certain circumstances, by law you have the right to:
- Request information about whether we hold personal data about you, and, if so, what that personal data is and why we are holding/using it.
- 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 personal data we hold about you corrected.
- 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 exercised your right to object to processing (see below).
- 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. You also have the right to object where we are processing your personal data for direct marketing purposes.
- Object to automated decision-making including profiling, that is not to be subject of any automated decision-making by us using your personal data or profiling of you.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request transfer of your personal data in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.
How do you exercise your rights?
We have appointed a Data Protection Coordinator to monitor compliance with our data protection obligations and with this policy and our related policies. If you have any questions about this policy or about our data protection compliance, please contact the Data Protection Coordinator.
Data subjects must make a formal request for Personal Data we hold about them or otherwise to exercise their data protections rights whether to make an access request or otherwise by contacting our Data Protection Coordinator who will respond to the request within 30 days.
We are obliged to comply with exceptions to your requests where laid out in law. Such exceptions relate to health data, disclosures that would be likely to cause serious harm to your physical or mental health or emotional condition and opinions given in confidence.
Our Data Protection Coordinator can be contacted as follows:-
Your Right to Lodge a Complaint
You as the Data Subject have the right to complain at any time to a data protection supervisory authority in relation to any issues related to our processing of your Personal Data. As our organisation is located in Ireland and we conduct our data processing here, we are regulated for data protection purposes by the Irish Data Protection Commissioner.
You can contact the Data Protection Commissioner as follows:
Phone: +353 57 8684800 or +353 (0)761 104 800
Address: Data Protection Office – Canal House, Station Road, Portarlington, Co. Laois, R32 AP23. Or 21 Fitzwilliam Square Dublin 2. D02 RD28 Ireland
NAME: Victor Vicens
POSITION: Chief Medical Officer
NOTICE IMPLEMENTATION DATE: February 16, 2021