Physician – Privacy Policy

As of January 2022

Table of contents

I. Identity and contact details of the data controller

II. Contact details of the data protection officer

III. Data processing in the Neptune platform

a) Overview

b) Provision of the platform and creation of log files

c) Contact via Email

d) Content delivery networks

e) Telemetry data

IV. Rights of the data subject

V. Recipients or categories of recipients of personal data


 

I. Identity and contact details of the data controller

The data controller responsible in accordance with the purposes of the General Data Protection Regulation (GDPR) of the European Union and other data protection regulations is:

Orbit Health

Mangfallstrasse 16

82061 Neuried

Germany

+491607564836

hello@orbit.health

https://www.orbit.health

II. Contact details of the data protection officer

You can reach our data protection officer under these contact details: 

DataCo GmbH

Dachauer Str. 65

80335 Munich

Germany

+49 89 7400 45840

www.dataguard.de

III. Data processing in the Neptune platform

On this page we inform you about the privacy policy applicable in the Neptune platform (“Platform”). The platform is an offering of Orbit Health, Mangfallstrasse 16, 82061 Neuried, Germany (“Orbit Health”, “we” or “us”).

a) Overview

Neptune is a platform for the treatment of Parkinson’s disease. Physicians can use Neptune to monitor patients’ health and motor fluctuations using a smartwatch and smartphone with the Neptune app to evaluate symptoms and optimize necessary medications for the disease.

1. Scope of processing

In general, we only process personal data of our users to the extent that this is necessary for the provision of a functioning platform as well as our content and services. The processing of personal data of our users is performance of a contract. 

1.1 Physician’s Account

To use Neptune, physicians need to set up an account. Physicians need to either register on our website or contact us directly to do so. Afterwards, they receive a registration code to their provided email address to sign into Neptune. In this process, the following personal data are usually processed:

        • First Name
        • Last Name
        • Email address
        • Phone number
        • Date of Birth
        • Password
        • UID

1.2. Patient’s Account (Onboarding)

Moreover, physicians may add patients to their Neptune dashboard to monitor their treatment of Parkinson’s disease. To do so, patients have to declare consent to their attending physicians who are is classified as controller according to Art. 4 No. 7 GDPR. By adding a patient, the following personal data of the patient are usually processed on our platform:

        • First Name
        • Last Name
        • Email address
        • Date of Birth
        • Height (cm)
        • Weight (kg)
        • Diary entries
        • Sense of wellbeing entries
        • Sense of symptom control entries
        • Motor state distribution
        • Medication plan and compliance
        • Time zone
        • Email address
        • Mobile phone number
        • Clinic / Medical Group Name
        • Patient Clinic ID
        • National ID
        • Smartwatch ID

2. Legal basis for processing

To the extent that we obtain the consent of the data subject for processing activities involving personal data, Article 6 (1) (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis. For the processing of special categories of personal data, Article 9 (2) (a) will be used as legal basis.

As in regards to the processing of patients data in the process of adding the patient to the physician’s dashboard, the attending physicians, acting as controller, is in charge of obtaining consent to use Neptune as platform within a contractual relationship between the physician and Orbit Health GmbH, acting as processor.

Legal basis for the processing of the physician’s personal data is Article 6 (1) (1) (a) and (b).

3. Data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject.

4. Objection and removal options

Physicians and patients can opt out the consent to processing their data at any time by using a link provided on the platform. By this, we will receive an email with the user’s request. Orbit deletes this data unless legal requirements require retention as mentioned above.

b) Provision of the platform and creation of log files

1. Description and scope of data processing

Each time our platform is accessed, our system automatically collects data and relevant information from the computer system of the calling device.

The following data is collected:

        • Adding patient details 
        • Users changing password
        • Submission of consent(s)
        • Any user adjusting consent(s)
        • Any user requesting OTP (one time password) to be re-sent
        • Onboarding and deletion of users 
        • Users login
        • Physician submission of consent(s)
        • Physician viewing patient list and a patient’s details
        • Physician adding to clinics or physicians and adding or editing details 
        • Physician viewing a patient’s details
        • Pausing and unpausing a physician on the platform 
        • Physician onboarding Patient
        • Physician updating medication
        • Patient submission of consent(s)
        • Physician update of Patient prescription
        • Patient acknowledgement of medication change
        • Patient wellbeing, symptom control, and diary entry
        • Patient’s adjustment of consent
        • Patient’s medication compliance
        • Patient’s additional comments
        • Indication of third party consent in onboarding

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Purpose of data processing

The temporary storage of the IP address by the system is necessary for the delivery of the platform to the computer of the user. For this purpose, the user’s IP address must be kept for the duration of the session.

The storage in logfiles is done to ensure the functionality of the platform. The data is also used to optimize the platform and to ensure the security of our IT systems. An analysis of the data for marketing purposes does not take place.

For the aforementioned purposes, our legitimate interest lies in the processing of data in compliance with Art. 6 (1) (1) (f) GDPR.

3. Legal basis for data processing

The legal basis for the temporary storage of data and logfiles is Art. 6 (1) (1) (f) GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The session is complete when the collection of data for the provision of the platform is accomplished.

If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is not possible.

5. Objection and removal

The collection of data for the provision of the platform as well as the storage of data in log files are essential for the operation of the platform. Therefore, the user may not object to the aforementioned processes.

c) Contact via Email

1. Description and scope of data processing

You can contact us via the email address provided on our website. In this case the personal data of the user transmitted with the email will be stored.

The data will be used exclusively for the processing of the conversation.

2. Purpose of data processing

If you contact us via email, this also constitutes the necessary legitimate interest in the processing of the data.

3. Legal basis for data processing

The legal basis for the processing of data transmitted while sending an email is Art. 6 (1) (1) (f) GDPR. If the purpose of the email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when it can be concluded from the circumstances that the matter in question has been conclusively resolved.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

d) Content delivery networks

Amazon CloudFront

1. Description and scope of data processing

We use functions of the Amazon CloudFront content delivery network of Amazon Web Services (corresponding contractual partner according to the location of the user – e.g. Amazon Web Services EMEA SARL, Niederlassung Deutschland, Marcel-Breuer-Str. 12, 80807 München, Deutschland for EU-user.) (hereinafter referred to as Amazon CloudFront). A Content Delivery Network (CDN) is a network of regionally distributed servers connected via the Internet to deliver content, especially large media files such as videos. Amazon CloudFront provides web optimization and security services that we use to improve the load times of our website and protect it from misuse. When you visit our website, a connection will be established to Amazon CloudFront’s servers to retrieve content, for example. This allows personal data to be stored and evaluated in server log files, the user’s activity (in particular which pages have been visited) and device and browser information (in particular the IP address and the operating system). For more information on Amazon CloudFront’s collection and storage of data, please visit: https://aws.amazon.com/privacy/?nc1=h_ls

2. Purpose of data processing

Amazon CloudFront features are used to deliver and accelerate online applications and content.

3. Legal basis for data processing

The data is collected on the basis of Art. 6 (1) (1) (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website – and server log files are therefore recorded.

4. Duration of storage

Your personal information will be stored as long as necessary to fulfil the purposes described in this Privacy Policy or as required by law.

5. Objection and removal

Information about objection and removal options regarding Amazon CloudFront can be found at: https://aws.amazon.com/privacy/?nc1=h_ls

e) Telemetry data

1. Scope of the processing

We collect telemetry data on our platform. We implement this with the following tools:

        • Amazon Cloudwatch

2. Purpose of the processing 

The personal data provided are collected and used for the following purpose:

        • Application monitoring
        • Infrastructure monitoring
        • Audit reasons
        • History tracking 

3. Legal basis for the processing of personal data

The collection of this data is based on Art. 6 (1) (f) GDPR. The app operator has a legitimate interest in the technically error-free presentation and optimization of its app.

4. Duration of storage

The personal data will be deleted after the appointment has been completed, unless its retention is required to comply with statutory retention obligations.

5. Revocation and removal option

You can object to the processing of your personal data at any time by sending an informal email to hello@orbit.health. All other rights for you as a data subject, you can also address to this email address.

IV. Rights of the data subject

When your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights:

    1.  Right to information

You may request the data controller to confirm whether your personal data is processed by them.

If such processing occurs, you can request the following information from the data controller:

      • The purpose for which the personal data is processed.
      • The categories of personal data being processed.
      • The recipients or categories of recipients to whom the personal data have been or will be disclosed.
      • The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage.
      • The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing.
      • The existence of the right to lodge a complaint with a supervisory authority.
      • Where personal data are not collected from you any available information as to their source.
      • The existence of automated decision-making including profiling under Article 22 (1) and Article 22 (4) GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.

You have the right to request information on whether your personal data will be transmitted to a third country or an international organization. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

    1. Right to rectification

You have a right to rectification and/or modification of the data, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay

    1. Right to the restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

      • If you challenge the accuracy of your personal data for a period that enables the data controller to verify the accuracy of your personal data.
      • The processing is unlawful, and you oppose the erasure of the personal data and instead request the restriction of their use instead.
      • The data controller or its representative no longer need the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
      • If you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate interests of the data controller override your interests.

If the processing of personal data concerning you has been restricted, this data may – with the exception of data storage – only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the processing has been restricted according to the aforementioned conditions, you will be informed by the data controller before the restriction is lifted.

    1. Right to erasure

a) Obligation to erase

If you request from the data controller to delete your personal data without undue delay, they are required to do so immediately if one of the following applies:

      • Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.
      • You withdraw your consent on which the processing is based pursuant to Art. 6 (1) (1) (a) and Art. 9 (2) (a) GDPR and where there is no other legal basis for processing the data.
      • According to Art. 21 (1) GDPR you object to the processing of the data and there are no longer overriding legitimate grounds for processing, or you object pursuant to Art. 21 (2) GDPR.
      • Your personal data has been processed unlawfully.
      • The personal data must be deleted to comply with a legal obligation in Union law or Member State law to which the data controller is subject.
      • Your personal data was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

b) Information to third parties

If the data controller has made your personal data public and must delete the data pursuant to Art. 17 (1) GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.

c) Exceptions

The right to deletion does not exist if the processing is necessary:

      • to exercise the right to freedom of speech and information.
      • to fulfil a legal obligation required by the law of the Union or Member States to which the data controller is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative.
      • for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and Art. 9 (2) (i) and Art. 9 (3) GDPR.
      • for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
      • to enforce, exercise or defend legal claims.
    1. Right to information

If you have the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

You reserve the right to be informed about the recipients of your data by the data controller.

    1. Right to data portability

You have the right to receive your personal data given to the data controller in a structured and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, if:

      • the processing is based on consent in accordance with Art. 6 (1) (1) (a) GDPR or Art. 9 (2) (a) GDPR or performance of a contract in accordance with Art. 6 (1) (1) (b) GDPR and
      • the processing is done by automated means.

In exercising this right, you also have the right to transmit your personal data directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.

    1. Right to object

For reasons that arise from your particular situation, you have, at any time, the right to object to the processing of your personal data pursuant to Art. 6 (1) (1) (e) or 6 (1) (1) (f) GDPR; this also applies to profiling based on these provisions.

The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling associated with direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Regardless of Directive 2002/58/EG, you have the option, in the context of the use of information society services, to exercise your right to object to automated decisions that use technical specifications.

    1. Right to withdraw the data protection consent declaration

You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the legality of the processing carried out on the basis of the consent until the withdrawal.

    1. Automated decisions on a case-by-case basis, including profiling

You have the right to not be subject to a decision based solely on automated processing – including profiling – that will have a legal effect or substantially affect you in a similar manner. This does not apply if the decision:

      • is required for the conclusion or execution of a contract between you and the data controller,
      • is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
      • is based on your explicit consent.

However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) (a) or Art. 9 (2) (b) GDPR applies and reasonable measures have been taken to protect your rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or his representative, to express your opinion on the matter, and to contest the decision.

    1. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of your residence, or your place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

V. Recipients or categories of recipients of personal data

As part of the processing of personal data, we may pass on the personal data to the following recipients. External recipients of personal data are in particular:

    • Health Insurances and Associations of Health Insurances
    • Cloud Storage Provider and Content Delivery Network
      • Amazon Web Services (corresponding contractual partner according to the location of the user – e.g. Amazon Web Services EMEA SARL, Niederlassung Deutschland, Marcel-Breuer-Str. 12, 80807 München, Deutschland for EU-users)
    • Physicians

This privacy policy has been created with the assistance of DataGuard.