LEGAL

This privacy notice aims to inform you about how we collect and process any information that we collect from you or that you provide to us via this website.

We are Open Medical (Europe) Limited, a medical software development company registered in Ireland under company number 723401. Our Data Protection Officer may be contacted by email at dpo@openmedical.ie or by telephone at 012640638.

This privacy notice covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collecting, storing, transferring, using, or otherwise acting on information. It tells you about your privacy rights and how the law protects you.

We are committed to protecting your privacy and the confidentiality of your personal information. Our Data Protection policy is not just an exercise in complying with the law but a continuation of our respect for you and your personal information. A copy is available upon request from our Data Protection Officer.

We undertake to preserve the confidentiality of all information you provide to us. Our policy complies with the Data Protection Act 2018 (DPA) for Ireland and the EU General Data Protection Regulation (GDPR), particularly Article 8 of the Charter of Fundamental Rights of the European Union.

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data. Except as set out below, we do not share, sell, or disclose to a third party any information collected through our website.

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Your rights

Under the EU GDPR Legislation, you have the following rights, which we will always work to uphold as set out in more detail below:

• The right to be informed about our collection and use of your personal data - this Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions through our Data Protection Officer, whose details are given above

• The right to access the personal data we hold about you

• The right to have your personal data rectified

• The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold

• The right to restrict (i.e. prevent) the processing of your personal data

• The right to object to us using your personal data for a particular purpose or purposes

• The right to withdraw consent

• The right to data portability - if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract. That data is processed using automated means. In many cases, you can ask us for a copy of that personal data to reuse with another service or business.

• Rights relating to automated decision-making and profiling - we do not use your personal data this way.

Further information about your rights can be obtained from the European Data Protection Supervisor (EDPS) or your local Data Protection Authority (DPA).

Data we process

We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:

• Your identity includes information such as first name, last name, title, date of birth, and other identifiers you may have provided at some time.

• Your contact information includes billing address, delivery address, email address, telephone numbers, and any other information you have given to us for the purpose of communication or meeting.

• Technical data includes your internet protocol (IP) address, 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 this website.
   

We may aggregate anonymous data, such as statistical or demographic data, for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity. For example, we may aggregate profile data to assess interest in a product or service or use aggregated anonymised data for research purposes.

However, suppose we combine or connect aggregated data with your personal information so that it can identify you in any way. In that case, we treat the combined data as personal information, and it will be used in accordance with this privacy notice.

We will only store your personal data in the United Kingdom. We are compliant with the transfer of personal data outside of the European Union according to the EU GDPR and DPA 2018. You can expect a similar degree of adequate protection under UK GDPR with respect to your personal data.

The security of your personal data is essential to us. To protect your data, we take a number of important measures, including the following:

• By limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and by ensuring that they are subject to duties of confidentiality and

• By implementing policies and procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data), including notifying you and/or the DPA where we are legally required to do so.

A copy of our Information Governance pack containing these policies and procedures may be requested from our Data Protection Officer.

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Special personal information

Special personal information is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We may collect special personal information about you only if there is a lawful basis on which to do so.

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If you do not provide the personal information we need

 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 that contract. In that case, we may have to stop providing a service to you. If so, we will notify you of this at that time.

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The basis on which we process information about you

 The law requires us to determine under which of six defined bases we process different categories of your personal information and to notify you of the basis for each category. If the basis on which we process your personal information is no longer relevant, we shall immediately stop processing your data. If the basis changes, then if required by law, we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

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Information we process because we have a contractual obligation to you

​When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us. In order to carry out our obligations under that contract, we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

• verify your identity for security purposes

• sell products to you

• provide you with our services

• provide you with suggestions and advice on products, services and how to obtain the most from using our website

We process this information on the basis there is a contract between us or that you have requested, we use the information before we enter into a legal contract. We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

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Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including job opportunities and our products and services, you provide your consent per (GDPR Article 6(1)(a) / Article 9 (2)(a)) to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Suppose you have given us explicit permission to do so. In that case, we may pass your name and contact information to selected associates we consider to provide services or products you would find useful.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by emailing us at info@openmedical.ie. However, if you do so, you may not be able to use our website or our services further.

Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest per (GDPR Article 6(1)(f)), either to you or to us, in doing so. Where we process your information on this basis, we do so after having given careful consideration to the following:

• whether the same objective could be achieved through other means

• whether processing (or not processing) might cause you harm

• whether you would expect us to process your data and whether you would, in the round, consider it reasonable to do so

For example, we may process your data on this basis for the purposes of:

• record-keeping for the proper and necessary administration of Open Medical Ltd

• responding to unsolicited communication from you to which we believe you would expect a response

• protecting and asserting the legal rights of any party

• insuring against or obtaining professional advice that is required to manage risk

• protecting your interests where we believe we have a duty to do so

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Information we process because we have a legal obligation

Sometimes, we must process your information in order to comply with a statutory obligation.  For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation, such as a search warrant or court order. This may include your personal information.

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Specific uses of information you provide to us

Provided your request is reasonable, and there is no legal basis for us to retain it. At our discretion, we may agree to your request to delete the personal information that you have posted. You can make a request by contacting us at ig@openmedical.ie

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Complaints regarding content on our website

If you complain about any of the content on our website, we shall investigate your complaint. If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate. Free speech is a fundamental right, so we have to make a judgement as to whose right will be obstructed: yours or that of the person who posted the content that offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

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Job application and employment

If you send us information in connection with a job application, we may keep it for up to one year in case we decide to contact you at a later date. If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment.

Communicating with us

When you contact us, whether by telephone, through our website or by email, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our service. We keep personally identifiable information associated with your message, such as your name and email address, so as to be able to track our communications with you and provide high-quality service.

 When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may give that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter of our sole discretion as to whether we give information and, if we do, what that information is. We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

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Affiliate and business partner information

This is information given to us by you in your capacity as an affiliate of or as a business partner. It allows us to recognise visitors that you have referred to us and to credit you the commission due for such referrals. It also includes information that allows us to transfer the commission to you. The information is not used for any other purpose. We undertake to preserve the confidentiality of the information and the terms of our relationship. We expect any affiliate or partner to agree to reciprocate this policy.

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Information we collect through automated systems

​Cookies

Our website does not track visitor cookies. Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded. We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution. We use this information in the aggregate to assess the popularity of the pages on our website and how we perform in providing
content to you. If combined with other information we know about you from previous visits, the data could possibly be used to identify you personally, even if you are not signed in to our website.

Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up of your personal information from third parties whose services we use. No such information is personally identifiable to you.

Third-party advertising on our website

Third parties do not advertise on our website. 

Control over your information

 Subject Access Request

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.  Please contact our Data Protection Officer, who will provide you with our Subject Access Request Policy and explain how to proceed.

Inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.

Removal of your information

If you wish us to remove personally identifiable information from our website, you should contact us to make your request.  This may limit the service we can provide to you.

Verification of your information:

When we receive any request to access, edit or delete personally identifiable information, we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Use of site by children

We do not sell products or provide services for purchase by children, nor do we market to children. If you are under 18, you may use our website only with consent from a parent or guardian.

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Encryption of data

We use Secure Sockets Layer (SSL) certificates to verify our identity in your browser and to encrypt any data you give us. Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

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How you can complain

If you are not happy with our privacy policy or if you have any complaints regarding the processing of your personal data under the EU GDPR and/or DPA 2018, you should tell us via email or website contact. If a dispute is not settled, then we hope you will agree to attempt to resolve it by engaging in good faith with us in the process of mediation or arbitration. If you are in any way dissatisfied with how we process your personal information, you have a right to lodge a complaint with the Data Protection Commission (DPC) in Ireland. This can be done at:
https://www.dataprotection.ie/en/faqs/initial-contact-dpc/making-complaint-dpc.

We would appreciate the opportunity to talk to you about your concerns before you approach the DPC

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The retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

• to provide you with the services you have requested

• to comply with other laws, including for the period demanded by our tax authorities

• to support a claim or defence in court

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Compliance with the law

Our privacy policy is designed to adhere to the legal requirements of every country or jurisdiction in which we conduct business, including compliance with EU GDPR and the Irish DPA 2018. If our policy does not meet the standards of your jurisdiction, please let us know. However, it is ultimately your decision whether to use our website.

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Review of this privacy policy

We may update this privacy notice from time to time. This may be necessary if the law changes or if we change our business in a way that affects personal data protection. The terms that apply to you are those posted here on our website the day you use it. We advise you to print a copy for your records.

If you have any questions regarding our privacy policy, please contact us.

This policy was last updated on 13 March 2024.