RAYPRO – END-USER PRIVACY POLICY

  1. Introduction

Rayner Intraocular Lenses Limited (collectively referred to as “Rayner”, “we”, “us” or “our” in this policy) are committed to protecting your personal data and respecting your privacy. Rayner is the controller of personal data for the RayPRO platform and this policy covers the processing of your personal data by the RayPRO platform.

This policy, along with our end-user licence agreement (EULA) and any additional terms of use incorporated by reference into the EULA (together our Terms of Use), applies to your use of:

  • The RayPRO mobile application software (App), hosted on raypro.rayner.com (App Site), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
  • Any of the services made available through the App and / or the App Site (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.

RayPRO is designed to be a digital platform that enables cataract surgery services to fluidly collect patient reported outcome measures (PROMs) data, as well as patients’ overall satisfaction with their surgical experience.

This App is intended for use by healthcare professionals. This App is not intended for children and we do not knowingly collect data relating to children. In accordance with the EULA, information on patients under 18 years of age should not be uploaded to the RayPRO platform. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

  1. Contact details

We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.

Our full details are:

  • Full name of legal entity: Rayner Intraocular Lenses Limited
  • Title of senior officer responsible for data privacy oversight: Legal Director
  • Email address: privacy@rayner.com
  • Postal address: 10 Dominion Way, Worthing, West Sussex BN14 8AQ

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. Details of the ICO’s complaint procedure can be found at https://ico.org.uk/make-a-complaint/.

  1. Changes to the privacy policy and your duty to inform us of changes

We keep this RayPRO privacy policy under regular review.

This version was last updated on 19 February 2019. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email, when you next start the App or log onto the App Site.  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 or the Services.

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.

  1. The data we collect about you

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

  • Identity Data: first name, last name, title.
  • Contact Data: work address, employer, email address.
  • Profile Data: includes email address and password, specialism, work locations, employer, feedback and survey responses.
  • Usage Data: includes details of your use of any of our Apps or your visits to the App Site including, but not limited to, traffic data and other communication data, and the resources that you access.
  • Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  • Location Data: includes your work-based location disclosed by you.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. 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 App 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.

We do not collect any 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, information about your health, and genetic and biometric data), nor do we collect any information about criminal convictions and offences.

  1. How is your personal data collected?

We will collect and process the following data about you:

  • Information you give us. This is information (including Identity, Contact, Profile, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). 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, 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, Content, Location and Usage Data. We collect this data using cookies and other similar technologies. Please see the Rayner Privacy Policy and Cookie Policy for further details.
  • Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties, for example, analytics providers such as Google based outside the EU.
  1. Cookies

We use cookies to distinguish you from other users of the App, App Site or the distribution platform (App Store or Play Store) and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse any of Our Sites and also allows us to improve the App and Our Sites. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see the Rayner Privacy Policy and Cookie Policy.

  1. 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 we need to perform a contract we are about to enter or have entered with you.
  • Where it is necessary for our 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.

See the Glossary at the end of this Privacy Policy to find out more about the types of lawful basis that we will rely on to process your personal data.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.

  1. Purposes for which we will use your personal data
Purpose/activity Type of data Lawful basis for processing
To install the App and register you as a new App user Identity
Contact
Device
Your consent
To manage our relationship with you including notifying you of changes to the App or any Services Identity
Contact
Profile
Marketing and Communications
Your consent
Performance of a contract with you
Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)
Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
To provide the functionality of the App Identity
Contact
Device
Usage
Profile
Marketing and Communications
Location
Your consent
Performance of a contract with you
Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
To enable you to participate in or complete a survey Identity
Contact
Device
Profile
Marketing and Communications
Your consent
Performance of a contract with you
Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
To administer and protect our business and this App including troubleshooting, data analysis and system testing Identity
Contact
Device
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
To deliver content and advertisements to you
To make recommendations to you about goods or services which may interest you
To measure and analyse the effectiveness of the advertising we serve you
To monitor trends so we can improve the App
Identity
Contact
Device
Content
Profile
Usage
Marketing and Communications
Location
Consent
Necessary for our legitimate interests (to develop our products/Services and grow our business)

 

When you consent to providing us with Internal Third Parties and External Third Parties, as defined in the Glossary (see below).

  1. International transfers

We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called “binding corporate rules”.

If we do transfer your personal data out of the EEA, we will ensure a similar 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. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
  • 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. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
  1. Data security

All information you provide to us is stored on the secure servers of our carefully chosen hosting provider. As a minimum such partners shall have ISO27001 certification. Where we have given you (or where you have chosen) a password that enables you to access the App or certain parts of the 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 will collect and store personal data on your Device using application data caches and browser web storage (including HTML) and other technology.

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.

  1. Data retention

We retain information as long as it is necessary to provide the Services to you, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until your account is deleted. In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

Where we anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, we may use this information indefinitely without further notice to you.

  1. Your legal rights

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

  • 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. 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:
    • if you want us to establish the data’s accuracy;
    • where our use of the data is unlawful but you do not want us to erase it;
    • 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
    • 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.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at 10 Dominion Way, Worthing, West Sussex OR privacy@rayner.com.

Glossary

Types of ‘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.

Compliance 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

Internal third parties

Other companies in the Rayner Group acting as joint controllers or processors and who are based in Germany, France, Spain, Portugal and the USA, and provide IT and system administration services and undertake leadership reporting.

External third parties

Service providers acting as processors based in the United Kingdom who provide IT and system administration services.

Regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.