At Therapychat, we respect your privacy and are committed to protecting your data through complying with the General Data Protection Regulation (GDPR) and the data Protection act 2018 (DPA). This policy explains how we look after your personal data when you visit our website and/or use our app and sets out to inform you about your privacy rights and how the law protects you. Please spend some time reading this policy to ensure you understand its content and how our commitment to privacy is relevant to you.
2. Who we are
2.3. Contact details
Full name of legal entity: Altania de Mar S.L
Email address: firstname.lastname@example.org
Postal address: Paseo de la Castellana, 259D, Planta 43, 28046, Madrid
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 (ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
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 your relationship with us.
2.5. Third-party links
3. The data we collect about you
3.1. Types of data
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
3.1.1. Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
3.1.2. Contact Data includes billing address and email address.
3.1.3. Health and Medical Data includes information about your health in response to the questions asked by our Therapychat robot.
3.1.4. Financial Data includes bank account and payment card details of therapists.
3.1.5. Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
3.1.6. Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our app.
3.1.7. Profile Data includes your username and password, preferences, feedback and survey responses.
3.1.8. Usage Data includes information about how you use our app and services.
3.1.9. Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
- We may 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 it does not personally identify you.
- We may collect Special Categories of Personal Data about you (this includes information about your health) when you speak with the Therapychat robot.
- You hereby give Therapychat consent to process any Special Categories of Personal Data it receives from you and consent to such data being shared with the therapists engaged with Therapychat.
3.2. If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel the supply of services that we have agreed with you but we will notify you if this is the case at the time.
4. How is your personal data collected?
We use different methods to collect data from and about you including through:
4.1.1. Direct interactions. You may give us your Identity, Contact, Medical and Health and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- (a)subscribe for services;
- (b)create an account on our app;
- (c)request marketing to be sent to you; or
- (d)give us feedback or contact us.
4.1.3. Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:
- (a) Technical Data from analytics providers such as Google based outside the EU; and
- (b) Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
5. How we use your personal data
5.1. Circumstances when we use your data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
5.1.1. where we need to perform the contract we are about to enter into or have entered into with you, including matching you with a therapist;
5.1.2. 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; and
5.1.3. where we need to comply with a legal obligation.
- Please see paragraph 11.1 for more about the types of lawful basis that we will rely on to process your personal data.
- Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
5.2. Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity (b) Contact||Performance of a contract with you|
|To process and deliver our services including:(a) Manage payments, fees and charges(b) Collect and recover money owed to us||(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications||(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)|
|To match you up with a therapist||(a) Identity(b) Medical and Health(c) Profile(d) Contact||Performance of a contract with you|
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity(b) Contact(c) Technical||(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)(b) Necessary to comply with a legal obligation|
|To deliver relevant app content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical (g) Medical and Health||Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business, and to inform our marketing strategy)|
|To use data analytics to improve our website, services, marketing, customer relationships and experiences||(a) Technical (b) Usage||Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business, and to inform our marketing strategy)|
|To make suggestions and recommendations to you about services that may be of interest to you||(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications||Necessary for our legitimate interests (to develop our services and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
5.3.1. Promotional offers from us
- We may use your Identity, Contact, Technical, Usage, Medical and Health, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).
- You will receive marketing communications from us if you have opted-in to receiving marketing.
5.3.2. Third-party marketing
- We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
5.3.3. Opting out
- You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you and/or by contacting us at any time.
- Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, warranty registration, service experience, or other transactions.
5.5. Change of purpose
We will only use your personal data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. Disclosures of your personal data
We may share your personal data with the therapists engaged with Therapychat.
7. International transfers
We do not transfer your personal data outside the European Economic Area (EEA).
8. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9. Data retention
9.1. How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data: see paragraph 11.2 below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
10. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see paragraph 11.2 below to find out more about these rights.
If you wish to exercise any of the rights set out above, please contact us.
10.1. No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
10.2. What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
10.3. Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
11.1. LAWFUL BASIS
- 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.
- Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
11.2. YOUR LEGAL RIGHTS
- You have the right to:
- 11.2.1. 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.
- 11.2.2. 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.
- 11.2.3. 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.
- 11.2.4. 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.
- 11.2.5. 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:
- (a) If you want us to establish the data’s accuracy.
- (b) Where our use of the data is unlawful but you do not want us to erase it.
- (c) 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.
- (d) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- 11.2.6. 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 that you initially provided consent for us to use or where we used the information to perform a contract with you.
- 11.2.7. 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.