HOLOMEDICAL ASSISTANT APPLICATION
Effective date: 01.08.2022
1. Overview
This privacy policy (“Policy”) governs the privacy relations between you (“User”) and ICB-M and/or its subsidiaries, affiliates, or assigns (“Holoma”), regarding how we process and protect your Personal Datas you use the HoloMedical Assistant application (“App”), and any updates, upgrades, and versions thereof. We encourage you to seek out and read the Policy to understand how the information that we collect about you is used and protected.
Built on top of Microsoft Hololens 2, the App handles even the most complicated procedures in surgery, including orthopaedic and neurosurgery. With the use of 3D holographic models and mixed reality, Holoma transfers the pre-operative plan directly on the surgery table.
As per the applicable data protection legislation, including the General Data Protection Regulation (“GDPR”) Holoma acts as a Controller with regards to your Personal Data. To meet its obligations as a Controller, Holoma will comply with all statutory requirements of the applicable privacy laws by taking all reasonable steps to ensure the accuracy and confidentiality of such information.
GDPR protects individuals’ rights concerning information about them held in digital or in paper format.
By using the App, you agree to the collection and use of information in accordance with this Policy.
2. Definitions
- “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”).
- “Processing” means any operation or set of operations which is performed on Personal Data or on sets of personal data, whether by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
- “Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
- “Sensitive Personal Data” means a particular type of Personal Data due to the specific nature of the information it discloses about the natural person. This information reveals racial or ethnic origin, religious and philosophical beliefs, political views, membership in trade union (or professional) organizations, data concerning the health of the individual, biometric data for the sole purpose of identifying the natural person.
- “Personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored, or otherwise processed.
3. Principles
Holoma complies with the following 7 (seven) principles of Personal Data Processing and User data Processed by us is:
- Fairly, lawfully, and transparently processed;
- Processed for specified, explicit and legitimate purposes;
- Adequate, relevant, and not excessive;
- Not kept longer than necessary;
- Accurate;
- Secure;
- Accountable (prove compliance).
4. Source of Personal Data
Holoma obtains your Personal Data in the following ways: (i) personally from you, when you purchase and start using the App; (ii) from other sources like Microsoft, etc. but only as supplementary information to that, already provided voluntarily by you; and (iii) through so-called Cookies and other unique identifiers.
5. What information Holoma may collect?
Holoma may collect and process a range of information about you, including:
- Your Microsoft store account – name, email address, contact details, profile picture, if applicable;
- Usage data, including content, audio and video recordings, and other;
- Payment details with regards to the purchase of the license to use the App. Please note that when you provide your credit or debit card number to us, this Personal Data is automatically redirected for Processing to our payment service providers. Holoma does not process this Personal Data itself. Holoma processes only a derivative information about your payments (amount paid, date of payment, return, if any, transaction history, etc.).
The App is not intended to process User’s Sensitive Personal Data. Should you disclose such data to Holoma, you agree that Holoma might Process it in compliance with the applicable personal data protection legislation and this Policy.
The App is not directed to persons under the age of 18 (eighteen) hereinafter “Child” and we do not knowingly collect or process the Personal Data of Children. If we learn that we have inadvertently gathered Personal Data from a Child, we will take legally permissible measures to remove that information from our records. Holoma will require the User to close his or her account and will not allow the use of our services. If you are a parent or guardian of a Child, and you become aware that a Child has provided Personal Data to us, please contact us at the contact details below.
6. Personal Data of third parties
The operation of the App might involve the usage of Personal Data, including sensitive personal data, of third parties. It is an obligation of the User to:
- provide these third parties with all the information necessary for the lawful disclosure of their Personal Data to Holoma, as well as any Processing that might follow;
- obtain valid consent of these third parties for such Personal Data disclose and the following Processing, if applicable.
7. Grounds for Processing
Once provided, your Personal Data will be Processed by Holoma on the following grounds:
- the Processing is necessary for the performance of a contract to which you, as Data Subject, are party or to take steps at your request prior to entering any such contract (the App T&Cs);
- the Processing is necessary for compliance with a legal obligation to which we, as Controller, are subject; and
- the Processing is necessary for the purposes of the legitimate interests pursued by Holoma, except where such interests are overridden by your interests or fundamental rights and freedoms.
8. Purposes of Processing
Holoma Processes your Personal Data for the following purposes:
- Ensuring the normal functioning and utilization of the App, maintenance and service management, dispute resolution, detection, and prevention of malicious actions. Identifying and resolving technical issues linked to functionality, development, and improvement of the App.
- Carrying out communication with you, including by electronic means.
- Acceptance and processing of received signals, complaints, requests, and other correspondence;
- Exercising and protecting the rights and legitimate interests of Holoma, including in court proceedings, as well as cooperation in the exercise and protection of the rights and legitimate interests of other users of the App and/or affected third parties.
9. Storage and Retention
Holoma stores your Personal Data in a Microsoft Azure cloud, hosted in [Europe/America/Asia]
Holoma may retain your Personal Data for minimum of ………… years, and only as long as is necessary for the purposes set out in this Policy. We may also retain and use your Personal Data to the extent necessary to comply with 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.
Your Microsoft store data shall be Processed until you request to have your profile deleted. In this event we shall destroy the collected Personal Data, unless we are obliged to Process it for a longer period pursuant to applicable legislation, including when protecting Holoma’s legitimate interests (including limitation periods pursuant to applicable legislation that governs filing claims and others). Please note that Holoma has no control over your Personal Data Processed by Microsoft. If you wish to have this data rectified, and/or deleted, you should contact Microsoft directly.
Holoma makes regular checks on the Personal Data processed and stored, and based on the rules contained herein, proceeds with their deletion, destruction, or anonymization for statistical or research purposes. Regarding Personal Data, for the storage of which special laws provide for longer periods, Holoma shall take technical and organizational measures for their archiving so that they are not subject to further Processing and cannot be amended.
10. Data Disclosure
We will only transfer your Personal Data when appropriate safeguards are put in place to ensure that they receive adequate protection. Depending on the case, we transfer or may give access to some of your Personal Data to the following categories of Recipients: (i) companies from the group to which Holoma belongs; (ii) service providers – partners and contractors like payment/ banking service providers, IT and hosting service providers, and others; (iii) public government bodies and organizations, where this is necessary in order to protect the legitimate interests of Holoma or third parties, or where it is provided for as a legal obligation.
Holoma may entrust the processing of your Personal Data on its behalf only to Processors who provide sufficient guarantees that they will apply appropriate technical and organizational measures in such a way that the Processing complies with legal requirements, this Policy, and ensures the adequate protection of your interests, fundamental rights, and freedoms.
If Holoma merges with or is acquired by another company, sells the App, or business unit, or if all or a substantial portion of our assets are acquired by another company, your Personal Data will likely be disclosed to our advisers and any prospective purchaser’s advisers and will be one of the assets that is transferred to the new owner.
11. Security of Data
Holoma undertakes to apply appropriate technical and organizational measures to ensure an appropriate level of security of your Personal Data. In assessing the appropriate level of security, account shall be taken of the risks associated with the Processing, and in particular the risks of accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.
Regarding the Processing of Personal Data, Holoma is applying measures aiming at:
- Control over access to equipment – to deny unauthorized persons access to the App used for Personal Data Processing;
- Control of data carriers – to prevent reading, copying, modification or removal of data carriers by unauthorized persons;
- Control over storage – to prevent the entry of Personal Data by unauthorized persons, as well as the performance of checks, modification, or deletion of stored Personal Data by unauthorized persons;
- Consumer control – to prevent the use of automated processing systems by unauthorized persons through the use of data transmission equipment;
- Control over access to data – to ensure that persons who are allowed to use an automated processing system have access only to the Personal Data covered by their access authorization;
- Control over communication – to ensure the possibility of verification and establishment of which persons have been or may be transferred Personal Data, or which persons have access to Personal Data through data transmission equipment;
- Control over data entry – to ensure the possibility for subsequent verification and establishment of what Personal Data have been entered into the automated processing systems, as well as when and by whom they were entered;
- Control over the transfer – to prevent the reading, copying, modification or deletion of Personal Data by unauthorized persons during the transfer of Personal Data or during the transfer of data carriers;
- Reliability – to ensure the implementation of the functions of the system and the reporting of defects in the functions;
- Integrity – to ensure that the stored Personal Data is not damaged due to improper functioning of the system.
Holoma is aiming to ensure the protection of Personal Data at the design stage, considering the achievements of technical progress, implementation costs and the nature, scope, context, and objectives of Personal Data Processing, as well as risks to the rights and freedoms of individuals.
12. Personal Data Breaches
In case of the Personal Data breach, and provided that, it is likely to result in a high risk to your rights and freedoms, we will notify you thereof without undue delay and describe in clear and plain language the nature of the Personal Data breach, the likely consequences of it and the measures taken or proposed to be taken by us to address it, including, where appropriate, measures to mitigate its possible adverse effects.
In some cases the communication shall not be required, especially when: (i) we have implemented appropriate technical and organizational protection measures, and those measures were applied to the Personal Data affected by the Personal Data Breach, such as encryption; (ii) we have taken subsequent measures which ensure that the high risk to your rights and freedoms is no longer likely to materialize; (iii) it would involve disproportionate effort, in which case, you will be informed in an equally effective manner like via a public communication or other.
13. Your Rights
As a Data Subject, you may have the following rights:
- Access and obtain a copy of your data on request;
- Require Holoma to change incorrect or incomplete data;
- Require Holoma to delete or stop processing your data, for example, where the data is no longer necessary for the purposes of processing;
- Object to the processing of your data where Holoma is relying on its legitimate interests as the legal ground for processing;
- Request for your data to be transferred so you can retain and reuse it;
- Object to solely automated decision making;
- Lodge a complaint with the relevant supervisory authority.
Holoma confirms that it does not sell your Personal Data to third parties.
You can exercise your rights by submitting a written request to us. Holoma will aim to comply with all requests within 1 (one) month of their receipt. Any request may be refused or charged for if they are unfounded or excessive. If a request is refused, Holoma will inform you why, giving details without undue delay and at the latest, within 1 (one) month of receipt of the request.
14. Miscellaneous
Holoma will regularly update this Policy to implement the most up-to-date protection measures and to comply with the operation of the legislation. Any changes in relation to the Processing of Personal Data that affect Data Subjects will be brought to your attention in an appropriate manner depending on how Holoma communicates with you from time to time. Your continuous use of the App shall be treated as an acceptance of any changes to this Policy, notwithstanding if you have been informed of such changes.
Should you have any queries with regards to this Policy, please do not hesitate to contact us at: info@holoma.info