PRIVACY POLICY
FIXME MOBILE
The purpose of this Privacy Policy, hereinafter referred to as the "Policy", is to set out the measures taken by the owner of FIXME MOBILE, i.e. Fixme sp. z.o.o. with its registered office in Lublin (Poland), 20 Śliwkowa St., 20-141 Lublin, holding tax identification number: 9462743438, registered in the Register of Entrepreneurs of the National Court Register at the District Court Lublin Wschód in Lublin under KRS number: 0001118898. hereinafter referred to as "Fixme sp. z.o.o.", with regard to the protection of your Personal Data, processed via FIXME MOBILE, as well as within the scope of the associated Services (including Associated Services).
The Policy sets out in particular the scope and legal basis for the processing of your Personal Data that we collect in connection with your use of FIXME MOBILE.
We receive your Personal Data from you when you set up an Account on FIXME MOBILE, in connection with the activities you carry out on FIXME MOBILE, posting, viewing of Offers including in connection with the purchase of services offered on FIXME MOBILE and in connection with updates to your Personal Data made by you through FIXME MOBILE.
Fixme sp. z.o.o. is the controller of the Personal Data of Patients/Rehabilitators who are individuals. This means that Fixme sp. z.o.o. determines the purposes and means of processing your Personal Data.
Your use of FIXME MOBILE, is only possible after you have read the provisions of this Policy and the FIXME MOBILE Terms and Conditions.
All Fixme sp. z.o.o.'s activities in the operation of FIXME MOBILE are subject to the laws that apply to the protection of personal data, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC hereinafter in this document ("RODO").
The scope of Personal Data processed by Fixme sp. z.o.o. may vary depending on which services or functionalities provided by FIXME MOBILE you use. To make it easier for you to understand which of your Personal Data we hold, information about the categories of Personal Data we process, broken down by the purposes of processing, is indicated below.
ACCOUNT REGISTRATION
Full access to FIXME MOBILE requires registration and the provision of personal data. Registration with FIXME MOBILE takes place in two stages.
Stage I of the FIXME MOBILE account registration we require the following Personal Data:
The extent of the personal data to be provided in stage II of registration depends on whether it concerns the registration of a Patient Account or a Rehabilitation Practitioner Account.
In stage II of registration, in the case of registration of a Patient's account, the Patient should provide:
3. in the second registration stage in the case of registration of a Rehabilitator's account, the Rehabilitator should provide:
When you create a user account (Patient/Rehabilitator), you enter into a contract with us for the provision of electronic services. This contract is the legal basis for the processing of your personal data in accordance with Article 6(1)(b) of the RODO.
If you do not provide the aforementioned Personal Data, it will not be possible to conclude a contract with you for the use of your FIXME MOBILE account and, as a consequence, you will not be able to use the FIXME MOBILE services available to Patients/Rehabilitators who have registered.
Please note that once you have registered for a Patient/Rehabilitation Account and during the course of your use of FIXME MOBILE's services, you are obliged to keep any Personal Data you provide up to date if there are any changes in any respect.
During your use of FIXME MOBILE, we additionally collect information about your actions taken within FIXME MOBILE, including, but not limited to, your purchase history, offers issued (only applicable to Rehabilitators), comment content and ratings issued.
When using your Patient/Rehabilitation Practitioner Account, you may also provide us with other optional Personal Data, e.g. by uploading your photo or a graphic that may depict your image (avatar), thereby consenting to its processing. The provision of such Personal Data is entirely voluntary.
In addition, we may obtain your Personal Data in connection with your use of the option to log in to FIXME MOBILE through third-party authentication services offered by other entities operating independently of Fixme sp. z.o.o. (e.g., services offered by Google, Apple or services offered within services, including those of a social nature - e.g., Facebook). In this case, we obtain your Personal Data only in the form of your name or Patient's name, email address and avatar published on such service or service and we may attribute this Personal Data to your Account or process it only for the purposes of such login on FIXME MOBILE.
REMINDER!
1. when using third-party authentication services, please read the terms and conditions of the providers of such services and their personal data processing rules;
2. when using social media on your own, you are using a public profile (i.e. a profile that can be accessed by anyone using the internet), you are sharing your Personal Information based on your own considered and informed decision. You should carefully consider the risks that may be associated with such making Personal Data public, in particular your address or precise location. Such risks may include, for example, the possibility of being identified, loss of some privacy and, in extreme cases, even identity theft.
STORAGE OF DATA IN THE USER'S ACCOUNT
FIXME MOBILE enables the storage of information and data entered into FIXME MOBILE by Users. This functionality allows, among other things:
Data will be processed by FIXME MOBILE for the sole purpose of storing it in one place and to enable the use of the Rehabilitators' services. The data will be processed within the scope of the consents given. Consent is given to ensure that the data storage functionality can be used and to enable the Rehabilitators to provide their services.
MAKING AN APPOINTMENT WITH A PHYSIOTHERAPIST
When you make an appointment with a Rehabilitation Practitioner we process the following personal data:
In addition, for the purposes of making an appointment, you have the option of creating a so-called trauma questionnaire. In this questionnaire, you can provide health data relevant to your planned appointment with the Rehabilitator. As part of the trauma questionnaire, the patient can provide:
- gender;
- type of injury;
- description of the injury
- pain level
- information on previous history of injury
- information on the dysfunction
REMEMBER: As a condition of creating a trauma survey, you must give your consent to FIXME MOBILE to process the health data contained in the survey. BY GIVING THIS CONSENT, YOU CONSENT TO FIXME MOBILE PROCESSING THIS DATA FOR THE PURPOSE OF CREATING THE SURVEY IN QUESTION.
REMEMBER: With your additional consent, this data can be sent to the Rehabilitator in order to carry out the Services you have ordered from the Rehabilitator.
REMEMBER: In order to provide you with a trauma questionnaire, it is necessary for you to give us your additional consent to share the data contained in the questionnaire. We will store this data and share it with the Rehabilitator of your choice in order to visit this Rehabilitator and to provide the requested service. BY GIVING THIS CONSENT, YOU CONSENT TO THIS DATA BEING SHARED WITH THE REHABILITATION PROFESSIONAL OF YOUR CHOICE AND TO THE PROCESSING OF THIS DATA BY THIS REHABILITATION PROFESSIONAL.
REMEMBER: When we share your personal data with the Rehabilitator, the Rehabilitator becomes an independent and autonomous controller of your personal data, which will process your personal data for its own purposes (in particular to provide the requested Service) We encourage you to read the privacy policy of the specialist or facility for further information in this regard.
REMEMBER: For the above reasons, we will ask for your explicit consent to process your health data (in accordance with Article 9(2)(a) of the DPA). We need your consent in order to store this data, to enable you to use the FIXME MOBILE Services and EVENTUALLY to share it with the Rehabilitator of your choice. Without such consent we will not be able to arrange an appointment with a Rehabilitator, nor will we be able to provide all of our Services.
REMEMBER: Health data will not be used for other purposes (in particular, the data will not be the subject of any marketing e.g. Sales). Your consent to the processing of your health data is voluntary and can be withdrawn by you at any time. In this case, the health information stored by us will be deleted (this does not apply, however, to the data provided to the Rehabilitator for the visit and once the visit has taken place, in which case the data will be deleted after the expiry of the data processing period indicated in this Privacy Policy). Other personal data (e.g. name, visit history) will be retained until the expiry of the retention periods indicated in this Privacy Policy.
You have the option to share all or selected data stored in your user account with the Rehabilitator. It is up to you to decide whether and which data you want to share with the Rehabilitator. Sharing this data is optional (FIXME MOBILE requires you to give separate consent to enter into FIXME MOBILE and then separate consent to share this data with the Rehabilitator).
Once you have made an appointment with a Rehabilitator, FIXME MOBILE sends you a confirmation of your appointment via email. We can also send you a reminder of your scheduled appointment if your appointment is approaching. We may also ask you to provide feedback in FIXME MOBILE after your appointment.
PAYMENT FOR SERVICES
In the event that you make purchases (and sales) through FIXME MOBILE, including payment for a purchased (sold) service through FIXME MOBILE, it may also involve the processing of other Personal Data of Patients/Rehabilitators, i.e. data contained in the Offer (including in particular the content of the Offer), transaction data (in particular in terms of bank account number, payment method), VAT invoice data and data enabling communication between the parties to the Transaction. As part of the above, Fixme sp. z.o.o. may also have access to the content of the messages sent between the parties to the Transaction (Patient/Rehabilitator) as part of discussions and disputes.
In operating the services offered, we may also process Personal Data, including, among other things, the value of turnover, information about the services ordered and information about the quality of the Services offered.
REMEMBER! The information provided by you in the Offers and messages exchanged between Patients/Rehabilitators does not originate from Fixme sp. z.o.o. and is not initiated by Fixme sp. z.o.o.. For these reasons, to the fullest extent permissible under applicable law, Fixme sp. z.o.o. is not responsible for the information provided in the Offers and messages exchanged between Patients/Rehabilitators. In Offers and messages exchanged between Patients/Rehabilitators, to the extent possible, you should not provide Personal Data.
REMEMBER: When you include your Personal Information in Offers or messages exchanged between Patients/Rehabilitators, you do so on the basis of your own considered and informed decision. Each time, carefully consider the risks involved in providing such information.
INFORMATION ABOUT THE FUNCTIONALITY OF FIXME MOBILE, THE IMPLEMENTATION OF NEW FUNCTIONALITIES.
We may also process your personal data for the purpose of providing you with information regarding the operation of the FIXME MOBILE application, facilitating the use of FIXME MOBILE and sending you information about new FIXME MOBILE functionalities. The data we may process for this purpose includes your e-mail address.
Any user may opt out of receiving information of this nature at any time by sending FIXME MOBILE the relevant information to the FIXME MOBILE service department. It will also be possible to opt out of receiving information of this nature by clicking on the relevant link in the email received by the FIXME MOBILE User. CONTACT FORMS
In terms of your use of the contact forms, we process such contact data as is necessary to communicate with you (e.g. to answer a question you have asked) and to fulfil your request. This may include such Personal Data as your name, email address or telephone number.
As part of the Patient/Rehabilitator service, we may also make contact with you through the use of Personal Data placed in your Patient/Rehabilitator Account for this purpose.
ANALYTICAL/STATISTICAL OBJECTIVES
Your Personal Data may also be processed by us for analytical and statistical purposes. For these purposes, we will mainly use information about your activity on FIXME MOBILE, including information related to your use of specific services, as well as Personal Data about your preferences and expectations. By way of surveys sent to patients via email or shared directly through FIXME MOBILE. The information we collect about you in this regard may constitute Personal Data. We may process Personal Data such as, but not limited to, your IP address, data derived from cookies, parameters of the software and hardware you use, configuration of your device (e.g. data on installed plug-ins). In this regard, we will use the best tools available on the market, i.e. Google Analytics and Microsoft Clarity.
We have partnered with Microsoft Clarity and Microsoft Advertising to record how people use and interact with our website and applications using behavioral metrics, heat maps and session replay to improve and market our products/services. Site and app usage data is collected using our own and third-party cookies and other tracking technologies to determine product/service popularity and online activity. In addition, we use this information for site and app optimization, fraud/security purposes and advertising. For more information on how Microsoft collects and uses data, please see Microsoft's Privacy Statement https://www.microsoft.com/pl-PL/privacy/privacystatement.
CLAIMS
We may process your Personal Data in connection with our right to assert or defend against claims. For this purpose, Fixme sp. z.o.o. processes your Personal Data for as long as the claims arising from the contract you have concluded with Fixme sp. z.o.o. or related to your use of the services provided by Fixme sp. z.o.o. are not time-barred in accordance with applicable law. This may include, for example, purchase data, amount of debt, transaction data, or information obtained in connection with your contact with Fixme sp. z.o.o. and/or the Rehabilitator. The scope of the Personal Data we process may vary from time to time, depending on the subject matter of the claim.
II. DATA WE COLLECT AUTOMATICALLY WHEN YOU USE FIXME MOBILE
When you use our FIXME MOBILE, we automatically collect the following information about you:
Device data - when you use FIXME MOBILE, we collect information about the device with which you use FIXME MOBILE, such as: operating system version and unique identifiers (e.g. the name of the mobile network you are using, IP address, device language settings, device make and type, operating system and device version, browser type and version, and software information about your device, such as fonts, system and browser time zone, available video and audio formats).
Location information - depending on the privacy settings of the device through which you use FIXME MOBILE , we automatically collect and process information about your current location. We use various technologies to determine your location, including IP address, GPS, Wi-Fi access points and mobile phone stations. Your location data allows us to display and view Offers posted on FIXME MOBILE in your area. In the event that we need your location data, we will first display a pop-up asking you to allow or deny access to your location data on your mobile device.
Login data - when using FIXME MOBILE, we collect information about your login (date of Registration, date of last password change, date of last successful login).
III. DATA FROM OTHER PATIENTS (ASSESSMENTS AND OPINIONS)
If you use FIXME MOBILE as a Rehabilitator, we collect and share information provided by other Patients on their evaluation and feedback regarding their contact with you or the quality of your Services - in accordance with our Terms and Conditions. This is part of the services offered within FIXME MOBILE in order to evaluate the services, to ensure competitiveness and to ensure the best level of communication between Patients (Rehabilitators), to verify undesirable actions and behaviours and to enable us to take appropriate action in this respect in order to impose high standards on the services provided within FIXME MOBILE.
Your data will be processed for:
REMEMBER: In each of the aforementioned cases, your personal data will be kept for the time necessary for each of the aforementioned purposes.
V. YOUR RIGHTS/RIGHTS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND THEIR EXERCISE
Within FIXME MOBILE, we enable you to fulfil all your rights under the RODO, i.e. the rights described in Articles 15-22 of the RODO, i.e.:
Right of access to your Personal Data - we enable you to obtain information about Fixme sp. z.o.o.’s processing of your Personal Data, including, in particular, the purposes and legal basis for the processing, the scope of the data held, the entities to which your data is disclosed and the scheduled deletion date.
Right to obtain a copy of your Personal Data - we allow you to obtain a copy of your Personal Data that is processed by Fixme sp. z.o.o..
Right to rectification of Personal Data - in case you notice that your Personal Data is incorrect or incomplete. In such a situation, upon being informed by you, we undertake to promptly rectify any inconsistencies or errors in the Personal Data processed and to complete it if it is incomplete.
Right to erasure of Personal Data - where: a) your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed by Fixme sp. z.o.o.; b) you withdraw your consent to the processing of your Personal Data or object to the processing of your Personal Data and there is no other legal basis for the processing; your Personal Data is unlawfully processed.
REMEMBER: Personal data are deleted when you terminate your contract with the Fixme sp. z.o.o. and possibly with the Rehabilitator. To delete them, first terminate your contract with Fixme sp. z.o.o. and possibly with the Rehabilitator. The right to delete personal data is not an absolute right and Fixme sp. z.o.o. may refuse to delete your personal data. This is the case if there are circumstances under which we may process your personal data after the termination of the contract. If you have used the services through FIXME MOBILE, your personal data will be processed for 3 years calculated from the end of the year in which the termination of the contract took place. The legal basis in this situation is Fixme sp. z.o.o.’s legitimate interest (Article 6(1)(f) RODO), which is to defend Fixme sp. z.o.o.’s rights.
After the termination of the contract, we will only process your data for the purposes indicated below, based on Fixme sp. z.o.o.’s legitimate interest, which is: 1) asserting and defending against claims, including debt collection, litigation, arbitration and mediation; 2) conducting statistical analyses; 2) ensuring accountability (demonstrating our compliance with legal obligations).
Once these processing purposes have expired, the data will be automatically deleted from FIXME MOBILE.
The right to restrict the processing of Personal Data, which is a right that allows you to ask us to stop the processing of your personal data in the following situations: a) where you want us to check the accuracy of the data; b) where our processing is unlawful; c) where you need the data to establish, assert or defend a claim, even though we no longer need your data for our own processing purposes; d) where you have objected to our processing, but we need to verify that we still have an overriding and legitimate basis to continue processing your personal data.
The right to data portability, which is the right to provide you or a third party you have designated with your personal data in a structured, commonly used, machine-readable format. Please note that you only have this right in relation to data processed on the basis of consent or a prerequisite for the performance of a contract you have entered into with us, and the processing itself is carried out by automated means (in IT systems).
The right to object to the processing of Personal Data for marketing purposes, which you may exercise at any time if your Personal Data is processed for marketing purposes, without having to justify such objection.
The right to object to other purposes for the processing of Personal Data, which you may exercise at any time, on grounds relating to your particular situation, if your Personal Data is processed on the basis of Fixme sp. z.o.o.’s legitimate interests (e.g. for analytical or statistical purposes). An objection in this respect should contain a justification and indicate the grounds for the request in this respect.
Right to withdraw consent to the processing of your Personal Data. Where you have given us consent to process your Personal Data, you have the right to withdraw it at any time. The withdrawal of consent does not affect the lawfulness of the processing that was carried out on the basis of consent before its withdrawal. If you have given us consent to receive commercial or marketing information under separate legislation, you also have the right to withdraw it at any time.
REMEMBER: The exercise of your rights is, in principle, free of charge: which means that, in principle, you will not have to pay a fee for the exercise of the right of access to your personal data (or for the exercise of any other rights). However, we may charge a reasonable fee if your request is manifestly unjustified or excessive, in particular due to their continuing nature. In such cases, we may also refuse to comply with your request.
If you exercise your right to object to the profiling of Personal Data, you should log out of all devices and delete cookies from them (in some cases, the process may take up to 48 hours).
REMEMBER: You have the right to lodge a complaint in relation to our processing of your Personal Data to the supervisory authority, which is the President of the Office for Personal Data Protection (address: President of the Office for Personal Data Protection, 2 Stawki Street, 00-193 Warsaw).
For the purposes of processing the Personal Data indicated in this Privacy Policy, Fixme sp. z.o.o. may provide your Personal Data to the following third parties:
NOTE!
REMEMBER: If you use our Services and decide as a Rehabilitator to offer your services and for sale through FIXME MOBILE, you may decide to disclose certain personal information to other FIXME MOBILE Patients (Rehabilitators). This information may include your name, email address, your location and contact number.
REMEMBER: If you use our Services and decide as a Patient (as part of your Patient account functionality, to use FIXME MOBILE) to share personal information with other Patients (Rehabilitators) as part of an electronic service agreement. This information may include your name, email address, your location and contact number and other data as you indicate on your FIXME MOBILE profile.
REMEMBER that any information you disclose to other Patients may be passed on, so you should be very careful about this. Some information may be made publicly available automatically at the time of publication of the Announcement - e.g. your rating.
As part of the use of FIXME MOBILE, there may be transfers of your Personal Data outside of the - European Economic Area - EEA.
In situations where we transfer your personal data outside the "EEA", we ensure that a similar level of protection is provided by putting in place one or more of the following safeguards:
Your Personal Data may be transferred outside the European Economic Area to, among others:
VII. PERIOD OF PROCESSING OF PERSONAL DATA
VIII. SECURITY MEASURES
Fixme sp. z.o.o. operates at all times with mechanisms and procedures to ensure an adequate level of protection of Personal Data, including through the use of standard contractual clauses for the transfer of Personal Data to processors established in third countries approved by the European Commission.
The data we collect about you will be stored and processed both within and outside the EEA on appropriately secure servers, in order to provide FIXME MOBILE Patients with the best possible service.
REMEMBER: Despite the measures we have implemented to protect your Personal Data, sharing information via the Internet or publicly accessible networks is never completely secure and there is a risk that unauthorised third parties will gain access to your Personal Data.
Should it be necessary to amend the provisions of this Privacy Policy, the provisions of FIXME MOBILE's Terms and Conditions of Use shall apply mutatis mutandis.
You will receive more information about the processing of your Personal Data, including answers to your questions about the scope of the Privacy Policy, by contacting us via the FIXME MOBILE contact form or at the following email address: kontakt@fixmeapp.pl.
In addition, you may contact Fixme sp. z.o.o. 20 Śliwkowa Street, 20-141 Lublin, Poland, at the following postal address
XI. SUPERVISORY AUTHORITY
In matters related to the processing of Personal Data, the supervisory authority is the President of the Office for Personal Data Protection (address: President of the Office for Personal Data Protection, 2 Stawki Street, 00-193 Warsaw).