Privacy Policy NeuroNation MED

 

1 General

 

1.1 Introduction

The NeuroNation MED application is a mobile application of a computer-based cognitive training, which is based on playful exercises of various cognitive functions (Multi-Domain Cognitive Training). For the training of these abilities, a wide variety of individually adapted tasks and functions for progress control are available within the application. The application serves to alleviate the symptoms of patients with mild or moderate cognitive disorders. The NeuroNation MED application is a class I medical device according to the Medical Devices Regulation (EU) 92/42/EEC.

 

We take the protection of your personal data very seriously and treat it confidentially and in accordance with the statutory data protection regulations and this privacy policy, which applies to the NeuroNation MED iOS and Android apps (hereinafter referred to as "APPLICATION"). This document explains the type, purpose and scope of data collection, and provides an overview of what happens to your personal data when you visit or use the APPLICATION. Personal data is any data by which you can be personally identified.

 

We would like to point out that data transmission on the Internet can have security gaps. Complete protection of data against access by third parties is not fully possible. Please also ensure that only you have access to your device and that you use trustworthy networks. Security problems on the side of the user cannot be fully addressed by us.

 

1.2 Responsible body

The responsible body for data processing within the scope of the  APPLICATION is:

Synaptikon GmbH

Friedrichstraße 68

10117 Berlin, Germany

 

"Responsible body" is the body that collects, processes or uses personal data (e.g. names, e-mail addresses, etc.).

 

1.3 Data Protection Officer

If you have any questions regarding data protection, please contact our data protection officer Mike Peter at the following e-mail address: dpo@neuronation.de



1.4 General storage period of personal data

Unless otherwise stated or specified in this data protection declaration, the personal data collected by the APPLICATION will be stored until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies. If there is a legal obligation to store the data or another legally recognised reason for storing the data (e.g. legitimate interest), the particular personal data will not be deleted until the respective reason for storing the data no longer applies.

 

1.5 Legal basis for the storage of personal data

The processing of personal data is only permitted if there is an effective legal basis for the processing of this data. If we process your data, this is regularly done on the basis of your consent pursuant to art. 6 § 1 lit. GDPR or art. 9 § 2 lit. GDPR (e.g. if you voluntarily provide your data in the registration mask or as part of the contact form), for the purpose of fulfilling a contract pursuant to art. 6 § 1 lit. b GDPR (e.g. when using activated functions of the APPLICATION) or on the basis of legitimate interests according to Art. 6 § 1 lit. f GDPR, which are always weighed against your interests. The relevant legal basis in each case will be specified at a separate point in this data protection declaration, if applicable.

 

1.6 Encryption

For reasons of security and to protect the transmission of confidential content, such as enquiries that you send to us as the operator or communication between users, the APPLICATION uses SSL or TLS encryption. This encryption prevents the data you transmit from being read by unauthorised third parties.

 

1.7 Changes to this data protection declaration

We reserve the right to change this data protection statement at any time in compliance with legal requirements.

 

2 Your rights

2.1 General

The GDPR grants data subjects whose personal data is processed by us certain rights, which we would like to inform you about at this point: Withdrawal of your consent to data processing

Many data processing operations are only possible with your consent. We will explicitly obtain this from you before we start processing your data. You can revoke this consent at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.

 

2.2 Information about your right to object according to Art. 21 GDPR

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6(1)(1)(f) GDPR (data processing on the basis of legitimate interests); this also applies to profiling based on this provision. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate interests for the processing, or the processing serves to assert, exercise or defend legal claims.

 

2.3 Right of complaint to a supervisory authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority. The right of appeal is without prejudice to other administrative or judicial remedies.

 

Information, deletion and correction

You have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing as well as the right to correction or deletion of this data. You can contact us by e-mail at any time for this purpose and for further questions on the subject of personal data.

 

2.4 Right to restriction of processing

You have the right to request the restriction of the processing of your personal data by sending an email to info@neuronation-med.de. The right to restriction of processing can be executed in the following cases:

  1. If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
  2. If the processing of your personal data has happened / is happening unlawfully, you can request the restriction of data processing instead of erasure.
  3. If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request restriction of the processing of your personal data instead of erasure. 
  4. If you have lodged an objection pursuant to Art. 21 (1) GDPR, a balancing of your and our interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.

 

2.5 Right to data portability

You have the right to have data that we process based on your consent or in performance of a contractual obligation handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another party, this will only be done insofar as it is technically feasible.

 

3 Access rights of the APPLICATION

To provide our services through the APPLICATION, we require the access rights listed below:

  • Wi-Fi connections
  • Receiving data from the Internet
  • Network access
  • Power saving mode (prevent "sleep mode" from activating on the device)
  • Vibration control

Access to the device functions is necessary to ensure the functionality of the APPLICATION. The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 (1) lit. f GDPR, your consent within the meaning of Art. 6 (1) lit. a GDPR and/or - if a contract has been concluded - the fulfilment of our contractual obligations (Art. 6 (1) lit. b GDPR).

The data collected in this way is generally not stored for longer than is required for the use of the corresponding functions, but at most until 24h after the app has been uninstalled.

 

4 Collection and processing of personal data within the APPLICATION.

In the following, we describe what personal data we collect, for what purposes we process it and on what legal basis we do so.

 

4.1 Downloading the APPLICATION

You can download the APPLICATION from the Google Play Store or the Apple App Store. The information required for this purpose is transferred to Google Ireland Limited or Apple Distribution International in Ireland, i.e. in particular user name, e-mail address and customer number of your Google or Apple account, timestamp of the download, and the individual device identification number. We have no influence over this data collection and the responsibility is with the particular service, Google or Apple.

Further information can be found in the respective data privacy policies of Google (https://policies.google.com/privacy) and Apple (https://www.apple.com/legal/privacy/de-ww/).

 

4.2 General

When you use our APPLICATION, we collect the following personal data from you, depending on availability:

  • Usage data
  • Metadata
  • IP address
  • Device identifier
  • E-mail address
  • Time zone
  • Language
  • Age group
  • Mobile IDs (IDFA, IDFV, Android ID etc.)

The processing of this personal data is necessary to ensure the functionalities of the APPLICATION. The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 (1) lit. f GDPR, your consent within the meaning of Art. 6 (1) lit. a GDPR and/or - if a contract has been concluded - the fulfilment of our contractual obligations (Art. 6 (1) lit. b GDPR).

 

4.3 Server log files

The provider of the servers is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur. The privacy policy of IONOS SE can be found here: https://www.ionos.de/terms-gtc/terms-privacy

The provider of the servers automatically collects and stores information in so-called server log files, which your browser or the APPLICATION automatically transmits to us. These are:

  • Operating system used
  • Host name of the accessing computer
  • Time of the server request
  • IP address

This data is not merged with other data sources.

The collection of this data is based on Art. 6 § 1 lit. f GDPR. The operator has a legitimate interest in the technically error-free presentation and optimisation of its APPLICATION - for this purpose, the server log files must be collected.

For our medical product version 1.2.2 or lower, the following service provider with data processing and encryption in Germany was previously used in the APPLICATION instead of IONOS SE: AWS Europe (Amazon Web Services EMEA SARL), 38 avenue John F. Kennedy, L-1855 Luxembourg. The privacy policy of AWS Europe can be found here: https://aws.amazon.com/de/compliance/data-privacy As of our medical device version 1.2.3, this service provider has been omitted.

 

4.4 Registration in the APPLICATION

You can register in the APPLICATION to use additional features. We only use the data entered for the purpose of executing the respective feature or service for which you have registered. Please note, the mandatory information requested during registration must be provided in full for the APPLICATION to function. Otherwise, we will not be able to execute the registration and provide access to the APPLICATION.

For important changes and adjustments, for example regarding the scope of the significant services and features provided or in case of technically necessary change/update, we will use the provided e-mail address to inform you.

The data entered during registration is processed for the purpose of creating the account and, if necessary, for initiating further contracts (Art. 6 § 1 lit. b GDPR).

The data collected during registration will be stored by us for as long as you are registered in the APPLICATION and will then be deleted. Statutory retention periods remain unaffected.

 

4.5 Redemption of an activation code

If you have a DiGA ("Digital Health Application") activation code from your health insurance company to activate the training functions of the APPLICATION, we will verify the code and execute the clearing procedures with the particular health insurance company. This is done based on the DiGAV (Digital Health Applications Legislation) §4 (2) for verification of agreements § 134 paragraph 1 sentence 3 of the Fifth Book of the Social Code.

 

In the case of DiGA activation codes and other time-limited activation codes, when you accept the data protection declaration in the APPLICATION, you instruct us to retain your data even after the activation code has expired, with the purpose of ensuring that you do not lose your training progress as well as your training evaluations and can continue your training in an individually adapted manner as soon as you have the next time-limited activation code available. However, this purpose no longer applies and the data will be deleted, subject to other provisions in this document, as soon as you object to it, e.g. by executing the delete function in the APPLICATION.



4.6 Use of the contents of the APPLICATION

When you use the contents of the APPLICATION, we process data that is necessary for the provision of the training and training evaluation functions (e.g. age group, answers to questions about your progress, progress data in the exercises, consent to training reminders, training settings).

The processing is based on Art. 6 § 1b GDPR for the fulfilment of a contract or the implementation of pre-contractual measures and Art. 6 § 1f GDPR for the protection of our legitimate interests.

 

4.7 Inquiry within the APPLICATION, or by e-mail, or by phone

If you contact us (e.g. via contact form within the APPLICATION, by e-mail, or phone), your enquiry including all resulting personal data (e.g. name, enquiry content) will be stored and processed by us for the purpose of processing your request. The processing of this data is based on Art. 6 (1) lit. b GDPR, insofar as your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on your consent (Art. 6 § 1 lit. a GDPR) and/or on our legitimate interests (Art. 6 § 1 lit. f GDPR), as we have a legitimate interest in effectively processing the enquiries sent to us. The data you send to us by contact request will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after we have completed processing your request).

Mandatory statutory provisions - in particular statutory retention periods - remain unaffected. We do not pass on your data without your consent. For the data processing of e-mails, we use the services of mailbox.org of the company Heinlein Support GmbH. These enable the receipt, processing and sending of customer enquiries, as well as the evaluation of the enquiries and their processing. The privacy policy of mailbox.org can be found here: https://mailbox.org/de/datenschutz



4.8 Newsletter data

If you would like to receive the newsletter offered in our APPLICATION, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and that you agree to receive the newsletter. No further data will be collected. We use this data exclusively for sending the requested information and do not pass it on to third parties. The newsletter is sent based on your consent (Art. 6 § 1 lit. a GDPR). You can revoke this consent at any time. For the maintenance and analysis of our newsletters, we consult the following data via our service providers:

  • Opening of emails
  • Clicks on e-mails
  • Newsletter subscriptions

The service provider is Heinlein Hosting GmbH, Schwedter Straße 8/9A, 10119 Berlin, Germany. The privacy policy of the service provider and its product mailbox.org can be found here: https://mailbox.org/de/datenschutz

 

We also use the following service provider in this context: IONOS SE, Elgendorfer Str. 57, 56410 Montabaur. The privacy policy of IONOS SE can be found here: https://www.ionos.de/terms-gtc/terms-privacy

 

For our medical product version 1.2.2 or lower, the following service provider with data processing and encryption in Germany was used in the APPLICATION instead of IONOS SE: AWS Europe (Amazon Web Services EMEA SARL), 38 avenue John F. Kennedy, L-1855 Luxembourg. The privacy policy of AWS Europe can be found here: https://aws.amazon.com/de/compliance/data-privacy As of our medical product version 1.2.3, this service provider has been omitted.

 

4.9 Hosting and Content Delivery Networks (CDN)

The web services belonging to this APPLICATION are hosted by an external service provider (hoster). The personal data collected in this APPLICATION is stored on the servers of that hoster.

The hoster is utilised for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 § 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online services by a professional provider (Art. 6 § 1 lit. f GDPR).

Our hoster will only process your data insofar as this is necessary for the fulfilment of its service obligations and will follow our instructions regarding this data. To ensure data protection-compliant processing, we have concluded a contract on commissioned processing with our hoster.



We use IONOS SE as our hoster.

Elgendorfer Str. 57

56410 Montabaur

(IONOS). 

The privacy policy of IONOS SE can be found here:

https://www.ionos.de/terms-gtc/terms-privacy. Personal data is transmitted in encrypted form and stored in Germany. 

 

For our medical product version 1.2.2 or lower, the following provider was previously used in the APPLICATION instead of IONOS SE:

AWS Europe (Amazon Web Services EMEA SARL), 38 avenue John F. Kennedy, L-1855 Luxembourg. The privacy policy of AWS Europe can be found here: https://aws.amazon.com/de/compliance/data-privacy



4.10. Processing of data under the Digital Health Applications Legislation (DiGAV)

As described above, the DiGA activation code, which can be obtained within the scope of a prescription by a treating physician or an authorisation by your health insurance company, can be used in the APPLICATION.

If you obtain the APPLICATION in this way, the Digital Health Applications Legislation (DiGAV) specifies and extends the requirements of the General Data Protection Regulation (GDPR) and other data protection requirements for the manufacturer's company and for the DiGA itself. 

 

Personal data may only be processed in a DiGA for the following purposes: 

  1. for the intended use of the digital health application by the users, 
  2. for the proof of positive health care effects in the context of a trial pursuant to Section 139e para. 4 of the Fifth Book of the German Social Code, 
  3. for the proof of agreements pursuant to Section 134 (1) sentence 3 of the Fifth Book of the German Social Code and 
  4. for the permanent guarantee of the technical functionality, the user-friendliness and the further development of the digital health application.

The intended use of the DiGA by the users includes any data collection and processing that is necessary to provide the features and services of APPLICATION in accordance with its intended use. The personal data described above is necessary to achieve the performance objectives of the APPLICATION in the best possible way. 

 

The data storage of agreements related to § 134 paragraph 1 sentence 3 of the Fifth Book of the German Social Code (Sozialgesetzbuch) serve primarily clearing purposes with the respective health insurance company of the user. The DiGA-activation code is stored and processed for this purpose.

 

The proper technical functionality, usability, and further improvements of the DiGA includes the processing of user feedback to improve the app. A prerequisite for lawful data processing pursuant to Section 4 (2) DiGAV is that you consent to data processing for the aforementioned purposes. Consent is given during registration in the APPLICATION and can be revoked as described above under "Your rights".

 

5 Data analysis

 

5.1 General

When you access the APPLICATION, your web/app usage behaviour may be statistically analysed and processed exclusively for the purposes described above. During the analysis, we ensure compliance with the statutory data protection provisions. When using external service providers (order processors), we ensure through appropriate contracts with the service providers that the data processing complies with German and European data protection standards.

 

 

Last updated: 2022-10-04

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