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Privacy Policy App

Last updated: October 12th, 2023

This Privacy Policy describes Our policies and procedures on the collection, use and
disclosure of Your information when You use the Service and tells You about Your privacy
rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You
agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of
    our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control
    with a party, where “control” means ownership of 50% or more of the shares, equity
    interest or other securities entitled to vote for election of directors or other
    managing authority.
  • Application refers to OneTouch App, the software program provided by the
    Company.
  • Client refers to the paying client of the Company, to which the User is either a
    customer or an employee, or other approved affiliate.
    For the purpose of the GDPR & UK GDPR, the Company is the Data Processor.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
    Agreement) refers to OneTouchTelecare Ltd t/a One Touch Health, 9 Howley
    Square, Oranmore, Galway, Ireland..
    For the purpose of the GDPR & UK GDPR, the Company is the Data Processor.
    Country refers to: Ireland
  • Data Controller, for the purposes of the GDPR & UK GDPR (General Data Protection
    Regulation), refers to the Client as the legal person which alone or jointly with
    others determines the purposes and means of the processing of Personal Data.
  • Device means any device that can access the Service such as a computer, a mobile
    phone or a digital tablet.
  • GDPR & UK GDPR refers to EU General Data Protection Regulation.
  • Personal Data is any information that relates to an identified or identifiable
    individual.
    For the purposes of GDPR & UK GDPR, Personal Data means any information
    relating to You such as a name, an identification number, location data, online
    identifier or to one or more factors specific to the physical, physiological, genetic,
    mental, economic, cultural or social identity.
  • Service refers to the Application.
  • Service Provider means any natural or legal person who processes the data on
    behalf of the Company. It refers to third-party companies or individuals employed
    by the Company to facilitate the Service, to provide the Service on behalf of the
    Company, to perform services related to the Service or to assist the Company in
    analysing how the Service is used. For the purpose of the GDPR & UK GDPR, Service
    Providers are considered Data Processors.
  • Usage Data refers to data collected automatically, either generated by the use of the
    Service or from the Service infrastructure itself (for example, the duration of a page
    visit).
  • User / You means the individual accessing or using the Service, or the Client, or
    other legal entity on behalf of which such individual is accessing or using the
    Service, as applicable.
    Under GDPR & UK GDPR, You can be referred to as the Data Subject or as the User as
    you are the individual using the Service.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

Information that can be used to contact or identify You. Personally identifiable information
may include, but is not limited to:

  •  Email address (username)
  • First name and last name
  • Phone number
  •  Clock in/out date and time against timesheet
  •  GPS Location at specific time of clock in/out
  •  Information logged into the tasks/notes/medication/care plans noted in the app
  • Holiday requests
  • Availability schedule
  • eSignatures
  •  eLetters (correspondence between Clients and Users)
  •  Usage Data*

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP
address), browser type, browser version, the pages of our Service that You visit, the time
and date of Your visit, the time spent on those pages, unique device identifiers and other
diagnostic data.

When You access the Service by or through a mobile device, We may collect certain
information automatically, including, but not limited to, the type of mobile device You use,
Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating
system, the type of mobile Internet browser You use, unique device identifiers and other
diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or
when You access the Service by or through a mobile device.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our
    Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The
    Personal Data You provide can give You access to different functionalities of the
    Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking
    of the purchase contract for the products, items or services You have purchased or
    of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent
    forms of electronic communication, such as a mobile application’s push notifications
    regarding updates or informative communications related to the functionalities,
    products or contracted services, including the security updates, when necessary or
    reasonable for their implementation.
  • To provide You with news, special offers and general information about other
    goods, services and events which we offer that are similar to those that you have
    already purchased or enquired about unless You have opted not to receive such
    information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a
    merger, divestiture, restructuring, reorganisation, dissolution, or other sale or
    transfer of some or all of Our assets, whether as a going concern or as part of
    bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us
    about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data
    analysis, identifying usage trends, determining the effectiveness of our promotional
    campaigns and to evaluate and improve our Service, products, services, marketing
    and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service
    Providers to monitor and analyse the use of our Service, to contact You.
  •  For business transfers: We may share or transfer Your personal information in
    connection with, or during negotiations of, any merger, sale of Company assets,
    financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we
    will require those affiliates to honour this Privacy Policy. Affiliates include Our parent
    company and any other subsidiaries, joint venture partners or other companies that We
    control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners
    to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the
    public areas with other users, such information may be viewed by all users and may be
    publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose
    with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the
purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the
extent necessary to comply with our contractual obligations with our Client, our legal
obligations (for example, if we are required to retain your data to comply with applicable
laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is
generally retained for a shorter period of time, except when this data is used to strengthen
the security or to improve the functionality of Our Service, or We are legally obligated to
retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices
and in any other places where the parties involved in the processing are located. It means
that this information may be transferred to — and maintained on — computers located
outside of Your state, province, country or other governmental jurisdiction where the data
protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information
represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated
securely and in accordance with this Privacy Policy and no transfer of Your Personal Data
will take place to an organisation or a country unless there are adequate controls in place
including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We
have collected about You.

Our Service may give You the ability to delete certain information about You from within
the Service.

You may update, amend, or delete Your information at any time by signing into Your
Account, if you have one, and visiting the account settings section that allows you to manage
Your personal information. You may also contact Us to request access to, correct, or delete
any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal
obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be
transferred. We will provide notice before Your Personal Data is transferred and becomes
subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data
if required to do so by law or in response to valid requests by public authorities (e.g. a court
or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is
necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of
transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing
of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party
vendors collect, store, use, process and transfer information about Your activity on Our
Service in accordance with their Privacy Policies and/or under a Data Processing
Agreement.

Usage, Performance and Miscellaneous

We may use third-party Service Providers to provide better improvement of our Service.

Microsoft AWS

Their Privacy Policy can be viewed at: https://aws.amazon.com/compliance/data-
protection/

Google Maps API

Essential Information at: https://developers.google.com/maps/terms-20180207
Their Privacy Policy can be viewed at: https://policies.google.com/privacy

GDPR & UK GDPR Privacy

Legal Basis for Processing Personal Data under GDPR & UK GDPR

We process your Personal Data under the following conditions:

  • Performance of a contract: Provision of Personal Data is necessary for the
    performance of an agreement with our Client and/or for any pre-contractual obligations
    thereof.
  • Legal obligations: Processing Personal Data is necessary for compliance with a legal
    obligation to which the Company is subject.
  • Legitimate interests: Processing Personal Data is necessary for the purposes of the
    legitimate interests pursued by the Company.

Your Rights under the GDPR & UK GDPR

The Company (Data Processor) and its Client (Data Controller) undertakes to respect the
confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

  • Request access to Your Personal Data. The right to access, update or delete the
    information We have on You. Whenever made possible, you can access, update or
    request deletion of Your Personal Data directly within Your account settings section. If
    you are unable to perform these actions yourself, please contact Us to assist You. This
    also enables You to receive a copy of the Personal Data We hold about You.
  • Request correction of the Personal Data that We hold about You. You have the right
    to have any incomplete or inaccurate information We hold about You corrected.
  • Object to processing of Your Personal Data. This right exists where We are relying on
    a legitimate interest as the legal basis for Our processing and there is something about
    Your particular situation, which makes You want to object to our processing of Your
    Personal Data on this ground. You also have the right to object where We are processing
    Your Personal Data for direct marketing purposes.
  • Request erasure of Your Personal Data. You have the right to ask Us to delete or
    remove Personal Data when there is no good reason for Us to continue processing it.
  • Request the transfer of Your Personal Data. We will provide to You, or to a third-
    party You have chosen, Your Personal Data in a structured, commonly used, machine-
    readable format. Please 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 Your consent. You have the right to withdraw Your consent on using your
    Personal Data. If You withdraw Your consent, We may not be able to provide You with
    access to certain specific functionalities of the Service.

Exercising of Your GDPR & UK GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by
contacting Us or our Client directly. Please note that we may ask You to verify Your identity
before responding to such requests. If You make a request, We will try our best to respond
to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use
of Your Personal Data. For more information, if You are in the European Economic Area
(EEA), please contact Your local data protection authority in the EEA. If you are in the UK,
please contact the ICO.

Children’s Privacy

Our Service may process data of Children under the age of 18. If so, it will be at the
discretion of the Client, in their role as Data Controller, to ensure the legal basis for
processing is established, and ensuring adequate restrictions on which Users may access
the data for legitimate purposes. The likely case where this processing may occur is where
the Client is providing services to their customers, who are under 18, and who’s data needs to be processed as part of providing their services. In some cases, this data is accessible via
Our Service and interacted with by the User.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a
third party link, You will be directed to that third party’s site. We strongly advise You to
review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or
practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by
posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the
change becoming effective and update the “Last updated” date at the top of this Privacy
Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this
Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy