Privacy Policy

(for End Users of Seer directly)

Introduction

Welcome to the Seer privacy policy.

Seer Medical UK Pty Ltd (hereinafter also referred to as “us”, “we”, “our” and “Seer”) respects your privacy and is committed to protecting your personal data. “Personal data” means any information relating to an identified or identifiable natural person.

This privacy notice aims to give you information on how we collect and process your personal data when you visit or use our web app or mobile app (collectively, the “App”), including any data you may provide through any of the mentioned means, and inform you about your privacy rights and how the law protects you.

Users under the age of 16 years, or equivalent minimum age in the relevant jurisdiction, may not create, register or use a Seer Medical account, unless their parents or guardians provided verifiable consent.

You can report any knowledge of a child accessing the app and providing personal data without parental consent by contacting our DPO (see “Seer Contact details” section).

The information provided does not concern third-party websites, pages or services that can be accessed via hyperlinks on the App. Clicking on those hyperlinks may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies.

Important information

Who we are

Depending on the context of personal information you provide, Seer Medical UK Pty Ltd may be the data controller ("Controller") or data processor ("Processor") of your personal information under this policy.

The use and/or download of the App by you may be prescribed by the healthcare centre or healthcare professional treating your condition (your “Healthcare Provider”). In this case the healthcare centre or healthcare professional, who makes the prescription, is the Controller for the processing of your information, and Seer Medical UK Pty Ltd acts as the Processor. You understand and agree that we may receive and communicate your personal information to your Healthcare Provider.

In all the other cases, Seer Medical UK Pty Ltd is the Controller for the processing of your personal information.

Data Protection Officer (DPO)

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this notice, including any requests to exercise any of your legal data rights please contact our Data Protection Officer using the details set out below.

Scope of the processing

We process personal data only to the extent necessary to provide a functional App. The processing of personal data takes place regularly only with the consent of the data subject or based on other legal provisions that permit data processing (for more information see the section “Purpose/Activities and Legal Basis”).

Personal data of people with epilepsy may be integrated into the App either manually or automatically by Healthcare Providers, or directly collected by us. Personal data of people with epilepsy also includes personal data of a special category (health data) in accordance with Art. 9 GDPR (hereinafter "Sensitive Data").

The data we process

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Seer Medical UK Pty Ltd may process (e.g. collect, use, store, transfer) different kinds of personal data about you which we have grouped together as follows:

Data Category and data types:

• Identification data (name, address, mobile phone numbers, email address, health insurance card number, IP address)
• Personal characteristics (gender/sex, age)
• Medical data (medical history, diagnoses, medications)
• EEG/ECG data (records and annodations of this data)
• Biometric data (video/sound recording)
• Epilepsy management data (medical schedules, seizure diary, location data, mood surveys, wearable data)
• Product usage information (includes details of your use of any of our Apps or your visits to any of our sites including, but not limited to: time performing certain actions, time spent on specific pages, and how you navigate through interfaces)

Sensitive Data

We will collect Sensitive Data about you (e.g. medical data, EEG/ECG, biometric data, epilepsy management data, diagnostic reports). We do not collect any information about criminal convictions and offences. Sensitive Data will remain in the United Kingdom.

Aggregated and anonymous Data

We also collect, use and share Aggregated Data such as statistical or demographic.

Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature.

However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

How your personal data is collected

We use different methods to collect data from and about you including through:

Direct interactions

You may give us your data (identification data) by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• use our products or services;
• create an account on our App;
• subscribe to our service or publications; or
• give us feedback or contact us.

Automated technologies or interactions

As you interact with our App, we will automatically collect technical data about your equipment, browsing actions and patterns. We collect this technical data by using cookies and other similar technologies (see the Cookies paragraph below for more information). We may also receive technical data about you if you visit other websites employing our cookies.

Third Parties

We may receive personal data about you from third parties, such as healthcare professionals connected to your account.

Cookies

Cookies collect information in a way that does not directly identify anyone.

App: We only use "strictly necessary cookies" in our App. These cookies allow you to use our web app. Without them, we can’t provide you with the intended services. Some examples of how we use these cookies are:

• to recognise you as a user and provide you access to your data and any data you should have access to; and
• to collect information about how you use our web app so that we can improve how we offer these services.

Website: for the use of our website, in addition to the strictly necessary cookies, with your permission we would like to store analytics cookies. This will help us to improve our website by collecting and reporting information on how you use it. Through the statistics we are able to improve our service and make it more interesting for users.

You can set your browser to permit or refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

For more detailed information about the cookies we use, see our Cookies Policy.

Purposes/Activities and Legal Basis

We have set out below, a description of all the ways we may use your personal data, and the legal basis which allows us to do so. For these purposes/activities, we may share your personal data with other parties (see the “Sharing of Personal Data” section below for more information).

Acting as a Controller

Purpose/Activity

1. Providing a seizure diary, insights, and forecasting of seizures for epilepsy management

Types of processed data:

• Identification data
• Epilepsy management data

Legal basis: The processing’s necessity for the performance of the contract, and on your explicit consent.

2. Providing user support for the epilepsy management application

Types of processed data:

• Identification data
• Epilepsy management data

Legal basis: The processing’s necessity for the performance of the contract, and on your explicit consent.

3. Sharing of medical records and data relevant to the diagnostic monitoring with relevant doctors

Types of processed data:

• Identification data
• Personal characteristics
• Medical data
• EEG/ECG data
• Biometric data
• Epilepsy management data

Legal basis: Your explicit consent

4. Sending marketing communications, including (targeted or not) email campaigns and new feature announcements

Types of processed data:

• Identification data
• Personal characteristics
• Medical data
• Product usage information

Legal basis: Your explicit consent.

5. Internal research and improvement of products and services (e.g. algorithms‘ development)

Types of processed data:

• Personal characteristics
• Medical data
• EEG/ECG data
• Epilepsy management data

Legal basis: Our legitimate Interest of improving the service we are providing you, the processing’s necessity for the performance of the contract, and the fact that our purpose is to conduct scientific and/or statistical research on pseudonymized data.

6. Specific research studies with external partners

Types of processed data:

• Personal characteristics
• Medical data
• EEG/ECG data
• Biometric data
• Epilepsy management data

Legal basis: Your explicit consent.

7. Understanding usability and usage of our product(s)

Types of processed data:

• Product usage information
• Diagnostic reports

Legal basis: Our legitimate Interest of improving the service we are providing you, and the fact that our purpose is to conduct scientific and/or statistical research on this pseudonymized data.

Other Purposes

Safety and Security

If necessary, we may use your personal data to promote the safety and security of our services and our users. We may use your personal data to monitor operations, authenticate users, detect and protect against fraud and other criminal activity and enforce our Terms of Use and other policies. We will rely on our legitimate interests when processing personal data in detecting and preventing fraud and illegal conduct or, if necessary, for complying with a legal obligation to which we are subject.

Manage and Defend Legal Claims

If necessary we may use your personal data in accordance to our legitimate interest of managing and defending legal claims. We will in such case process only the personal data collected which is necessary in order to manage and defend the legal claim in question. Your personal data is stored for this purpose for such a period as is necessary to manage or defend the legal claim.

For this purpose, we may also share certain information with other parties, please see below.

Fulfill Legal Obligations

Finally, we use your personal data to fulfil legal obligations that we have, e.g. accounting requirements or obligations under data protection laws. Again, we will in such case process the personal data collected which is necessary to fulfill the legal obligation in question. Your personal data is stored for such a period as is necessary to fulfill respective legal obligations.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you would like an explanation as to how the processing of personal data for another reason is compatible with the original purpose, please contact us.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Sharing of personal data

We will only share your personal data in connection with providing you with the service as agreed per our Terms of Use.

In general, we do not disclose the personal data about you to third parties without your consent or otherwise as specified in this policy.

The circumstances in which we may disclose or share your personal data under this policy, include as follows:

• Lawful requests: we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
• Third party service providers: we may use third party service providers to provide certain data processing services for us (acting as our authorised data processors), such as:
  • analytics service providers.
  • contact, financial and transaction data from providers of technical, payment and support or delivery services (if applicable); and
  • hosting: e.g. Amazon Web Services.

When acting as our authorized data processors, they are required to only process data in accordance with our instructions and are subject to appropriate legal, confidentiality and security obligations.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. Our third-party service providers may only process your personal data for specified purposes and in accordance with our instructions and are not permitted to use your personal data for their own purposes.

International transfers

We do not transfer your personal data outside the United Kingdom (UK) or the European Economic Area (EEA). All Seer Cloud data is kept within the UK (London) data center provided by our Cloud service provider. Data processing operations, such as the access for maintenance purposes, that are carried out via third party providers established outside of the geographical area (e.g. US, Australia) can be carried out partially or completely in the countries of the respective branch or according to the respective data protection regulations. Processing of personal data outside the EU or the EEA will only take place on the basis of the provision of appropriate safeguards and the usage of Standard Contractual Clauses approved by the European Commission (art. 46 GDPR).

Data security

We keep your data safe adopting the best practices and highest standards in terms of security. All data handling is GDPR (General Data Protection Regulation) compliant.

We take various steps to protect your Personal Data from unauthorized access, use or modification and unlawful destruction and disclosure, for example:

• we adopt encryption technology to transfer and store your personal data;
• we limit the access to your personal data on a strict need-to-know basis; and
• we put in place physical, electronic, and procedural safeguards in line with industry standards.

Please be aware that, despite our efforts, we do not warrant or guarantee that unauthorized access will never occur as no method of transmitting or storing information is completely secure.

We have adopted appropriate procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Retention Period

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation.

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, regulatory, tax, accounting or other requirements.

Your rights

Under certain circumstances, you have certain rights under data protection laws in relation to your personal data.

Asking us to stop processing your personal data or deleting your personal data will likely mean that you are no longer able to use our services, or at least those aspects of the services which require the processing of the types of personal data you have asked us to delete.

You have the right to:

Be informed with clear, transparent and easily understandable information about how we use your personal data, and your rights. This is what we are doing by providing you with this privacy policy.

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 to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal 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. 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:

• if you want us to establish the data's accuracy.
• where 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; or
• where you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Not to be subject to a decision based solely on automated decision-making, unless: (a) you gave us your explicit consent to use your personal data to make our decision; (b) we are allowed by law to make our decision; or (c) our automated decision was necessary to enable us to enter into a contract with you. 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.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

How to complain

If we are operating as a Data Processor, any queries should be sent through to the Data Controller. As a Data Processor, we will refer data subject requests to the Data Controller in the first instance.

If you have any concerns about our use of your personal information, you can make a complaint to us at the DPO email address below.

As a data subject, you have a right to lodge a complaint with the competent supervisory authority under the conditions provided in Article 77 GDPR or seek a remedy in the national courts if you think that your rights in relation to your personal data have been breached. However, we would be grateful if you could give us the opportunity to address your complaint in the first instance by using the contact details provided at the end of this policy.

Seer Contact details

Full name of legal entity: Seer Medical UK Pty Ltd
DPO email address: dpo@seermedical.co.uk
Email address: info@seermedical.co.uk
Postal address: C/O Gateley Legal, 1 Paternoster Square, London, England, EC4M 7DX

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

We keep our privacy policy under regular review and we may modify and revise it from time to time. Any information that we collect is subject to the privacy policy in effect at the time such information is collected.

Any changes we make to our privacy policy in the future will be posted on this page, and where appropriate, notified to you by email or notifications via the App. We therefore encourage you to review it from time to time to stay informed of how we are processing your data.

This version was last updated on 25th March 2021.