Privacy Policy of Monitree

Policy version: 19/02/23

Monitree (the app) is provided by Monitree App Ltd. a company registered in England with company number 14224452 whose registered office address is at 11 Mill Lane, Broomfield, Chelmsford, England, CM1 7BQ (‘we’, ‘our’ or ‘us’).

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share any information relating to you (your information).

It also explains your rights in relation to your information and how to contact us or the relevant regulator in the event you have a complaint. Our collection, storage, use and sharing of your information is regulated by law, including under the UK General Data Protection Regulation (UK GDPR).

We are the controller of your information obtained via the app, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.

If you are aged under 16 you must not use the app as it is not designed for you. We do not intend to collect the information of anyone under 16. If you are aware that any information of anyone under 16 has been shared with the app, please let us know so that we can delete that data.

If you are aged over 16 you may use the app. This version of our privacy policy is primarily written for adults, including parents and guardians of child users.

The app is distributed only on UK app stores and is solely intended for use by people in the UK. This privacy policy is divided into the following section

  • What this policy applies to
  • Information we collect about you
  • Use of the camera on your device for augmented reality
  • How your information is collected
  • How and why we use your information
  • Marketing
  • Who we share your information with
  • How long your information will be kept
  • Transferring your information out of the UK
  • Your rights
  • Keeping your information secure
  • How to complain
  • Changes to this privacy policy
  • How to contact us
  • Do you need extra help?

If you are aged under 18, we recommend that you speak to an adult that you trust if you have any difficulties reaching an informed decision regarding the activation of any use of your information or our treatment of your information.

What this policy applies to

This privacy policy relates to your use of the app only.

The app may link to other apps, websites, or services owned and operated by certain third parties to make additional information and services available to you. These other apps, websites or services may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to these other apps, websites or services, please consult their privacy policies as appropriate.

Information we collect about you

The information we collect about you depends on the particular activities carried out through the app. We will collect and use the following information about you:

Identity and account data you input into the app

Registration is mandatory in order to use the app

your name and email address

your account details, such as username and password

Data collected when you use specific functions in the app

data you store online with us using the app including a photograph of your staff ID card and any responses to surveys or user feedback forms (while such data may not always be protected by the UK GDPR we will assume it is and treat it in accordance with this policy)

Other data the app collects automatically when you use it

your activities on, and use of the app which reveal your preferences, interests or manner of use of the app and the times of use

your device operating system and version

You must provide that information to use and access the app unless we tell you that you have a choice.

Sometimes you can choose if you want to give us your information and let us use it. Where that is the case we will tell you and give you the choice before you give the information to us. We will also tell you whether declining to share the information will have any effect on your use and/or access to the app.

We collect and use your information for the purposes described in the section ‘How and why we use your information’ below.

How your information is collected

We collect information from you directly when you input it into the app or indirectly, such as your activity while using the app.

How and why we use your information

Under data protection law, we can only use your information if we have a proper reason, eg:

  • where you have given consent
  • to comply with our legal and regulatory obligations
  • for the performance of a contract with you or to take steps at your request before entering into a contract, or
  • for our legitimate interests or those of a third party

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below).

The table below explains what we use your information for and why.

What we use your information for

Our reasons

Create and manage your account with us

For our legitimate interests, ie to be as efficient as we can so we can deliver the best service to you

Providing information and/or the functionalities of the app to you

Depending on the circumstances

for our legitimate interests, ie to be as efficient as we can so we can deliver the best service to you

Conducting checks to identify you and verify your identity or otherwise to help prevent and detect fraud against you or us

To ensure that you are eligible to use the app, specifically that you have a @nhs.net email address and your email address matches those supplied to us by your local employer

To enforce legal rights or defend or undertake legal proceedings

Depending on the circumstances:

to comply with our legal and regulatory obligations

in other cases, for our legitimate interests, ie to protect our business, interests and rights

Communications with you not related tomarketing, including about changes to our terms or policies or changes to the app or service or other important notices

Depending on the circumstances:

to comply with our legal and regulatory obligations

in other cases, for our legitimate interests, ie to provide the best service to you

Protect the security of systems and data used to provide the app and its services

To comply with our legal and regulatory obligations

We may also use your information to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, ie to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us

Operational reasons, such as improving efficiency, training and quality control or to provide support to you

For our legitimate interests, ie to be as efficient as we can so we can deliver the best service to you

Statistical analysis to help us understand our customer base

For our legitimate interests, ie to be as efficient as we can so we can deliver the best service to you

Updating and enhancing customer records

Depending on the circumstances

to comply with our legal and regulatory obligations

where the above does not apply, for our legitimate interests, eg making sure that we can keep in touch with our customers about existing orders and new products

Disclosures and other activities necessary to comply with legal and regulatory bligations, eg to record and emonstrate evidence of your consent to our use of your information where relevant

To comply with our legal and regulatory obligations

Marketing our services to potential, existing and former customers

For our legitimate interests, ie to promote our business to potential, existing and former customers

See ‘Marketing’ below for further information.

To share your information with members of our group and third parties that will or may take control or ownership of some or all of ourbusiness (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency

In such cases, information will be anonymised where possible and only shared where necessary

Depending on the circumstances:

to comply with our legal and regulatory obligations

in other cases, for our legitimate interests, ie to protect, realise or grow the value in our business and assets

How and why we use your information—in more detail

Purpose

Processing operation

Lawful basis relied on under the UK GDPR

Relevant categories of your information

Communications with you not related to marketing, including about changes to our terms or policies or changes to the products or other important notices

Addressing and sending communications to you as required by data protection laws, ie: the UK GDPR or Data Protection Act 2018

Processing is necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b))

your name and contact information, including email address

your account details (username)

Addressing and sending communications to you as required by law

Processing is necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b))

your name and contact information, including email address

your account details (username)

Addressing and sending communications to you about changes to our terms or policies or changes to the products or other important notices

Our legitimate interests (Article 6(1)(f)), which is to be as efficient as we can so we can deliver the best service to you

your name and contact information, including email address

your account details (username)

How and why we use your information—sharing

See ‘Who we share your information with’ for further information on the steps we will take to protect your information where we need to share it with others.

Marketing

We will use your information to send you updates (by email) about our app, including exclusive offers, promotions or new information.

We have a legitimate interest in using your information for marketing purposes (see above ‘How and why we use your information’). This means we do not need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this separately and clearly.

You have the right to opt out of receiving marketing communications at any time by:

  • using the ‘unsubscribe’ link in emails,

We will always treat your information with the utmost respect and never sell it to other organisations for marketing purposes.

For more information on your right to object at any time to your information being used for marketing purposes, see ‘Your rights’ below.

Who we share your information with

We routinely share your information with:

  • service providers we use to help us run our business or provide the services or functionalities in the app: Empat LLC. (our app developer)
  • the operator of the platform from which you download the app —for further information on how the app store provider may protect your information, you will need to view their privacy policy

We only allow the companies referred to above to handle your information if we are satisfied they take appropriate measures to protect your information. We also impose contractual obligations on service providers to ensure they can only use your information to provide services to us and to you.

We or the third parties mentioned above occasionally also need to share your information with:

  • our external auditors, eg in relation to auditing our accounts —the recipient of the information will be bound by confidentiality obligations
  • our or their professional advisors (such as lawyers and other advisors)—the recipient of the information will be bound by confidentiality obligations
  • law enforcement agencies, courts or tribunals and regulatory bodies to comply with legal and regulatory obligations
  • other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible. The recipient of any of your information will be bound by confidentiality obligations

Who we share your information with—further information

If you would like more information about who we share your information with and why, please contact us (see ‘How to contact us’ below).

How long your information will be kept

Different retention periods apply for different types of your information. Further details on this are available if you contact us (see ‘How to contact us’ below).

Following the end of the of the relevant retention period, we will delete or anonymise your information.

Transferring your information out of the UK

Countries outside the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.

It is sometimes necessary for us to transfer your information to countries outside the UK. In those cases, we will comply with applicable UK laws designed to ensure the privacy of your information.

We will transfer your information from the UK to:

  • our app developer, Empat LLC, located outside the UK. Your information will be stored in Germany (and therefore is protected under EU data protection law)

Under data protection laws, we can only transfer your information to a country outside the UK where:

  • the UK government has decided the particular country ensures an adequate level of protection of your information (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR
  • there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you, or
  • a specific exception applies under relevant data protection law

In the event we cannot or choose not to continue to rely on either of those mechanisms at any time, we will not transfer your information outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law.

Any changes to the destinations to which we send your information or in the transfer mechanisms we use to transfer your information internationally will be notified to you in accordance with the section on ‘Change to this privacy policy’ below.

Transferring your information out of the UK—further information

If you would like further information about data transferred outside the UK, please contact us (see ‘How to contact us’ below).

Your rights

You generally have the following rights, which you can usually exercise free of charge:

Access to a copy of your information

The right to be provided with a copy of your information

Correction (also known as rectification)

The right to require us to correct any mistakes in your information

Erasure (also known as the right to be forgotten)

The  right  to  require  us  to delete your information—in certain situations

Restriction of use

The right to require us to restrict use of your information in certain circumstances, eg if you contest the accuracy of the data

Data portability

The right to receive your information that you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations

To object to use

The right to object:

at any time to your information being used for direct marketing (including profiling)

in certain other situations to our continued use of your information, eg where we use your information for our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims

Not to be subject to decisions without human involvement

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

We do not make any such decisions based on data collected by the app

The right to withdraw consents

If you have provided us with a consent to use your information, you have a right to withdraw that consent easily at any time

Withdrawing a consent will not affect the lawfulness of our use of your information in reliance on that consent before it was withdrawn

For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the guidance from the UK’s Information Commissioner on your rights under the UK GDPR.

If you would like to exercise any of those rights, please complete a request form—available on our website or email—see below: ‘How to contact us’. When contacting us please:

  • provide enough information to identify yourself and any additional identity information we may reasonably request from you, and
  • let us know which right(s) you want to exercise and the information to which your request relates

Keeping your information secure

We have appropriate security measures to prevent your information from being accidentally lost, or used or accessed unlawfully. We limit access to your information to those who have a genuine business need to access it.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed guidance from Get Safe Online on how to protect your information and other information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

How to complain

Please contact us if you have any queries or concerns about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.

You also have the right to lodge a complaint with the Information Commissioner.

The Information Commissioner can be contacted using the details at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.

Changes to this privacy policy

We may change this privacy policy from time to time. When we make significant changes we will take steps to inform you, for example via the app or by other means, such as email.

How to contact us

You can contact us by email if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.

Our contact details are shown below:

EMAIL ADDRESS: admin@monitreeapp.com

Do you need extra help?

If you would like this policy in another format (for example audio, large print, braille) please contact us (see ‘How to contact us’ above).