(last revised on 21st April 2021)
- WHO WE ARE
We are Neuromod Devices Limited, incorporated and registered in Ireland with company number 490260, whose registered office is at Unit J, Digital Court, The Digital Hub, Rainsford Street Dublin 8, Ireland. (hereinafter referred to as “Neuromod”, “we”, “us” or “our”, which terms shall also include our Affiliates. “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with us. “Control” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity). We are a medical technology company, specialising in the design, development, manufacture and sale to individual and corporate customers of neuromodulation technologies to address unmet clinical needs in neurology, and through our wholly-owned subsidiary, Neuromod Medical Limited, we offer online and in person tinnitus assessment and treatment services to individual customers(the “Business”).
Your privacy is of paramount importance to us. This privacy and cookies policy (the “Policy”) applies to the Business and the neuromodmedical.com, lenire®.com, and neuromoddevices.com websites (the “Website”) and services related thereto (the “Service”). This Policy is designed to protect you, our users, by informing you what personal data is collected, how we will use the information about you, with whom we share it, how long we keep it and how to contact us if you have any queries or concerns about our use of your personal information. Your use of the Website is subject to your agreement with this Policy.
In this Policy, the term “Personal Data” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, our possession, and includes personal data as described in Data Protection Legislation (as defined below).
Please read the following carefully. Use of our Website or otherwise accepting the terms of this Policy indicates that you have reviewed this Policy and have agreed to be bound by it. If you do not agree to these terms you must leave our Website immediately. If you no longer consent to our processing of Your Data, you may request that we cease such processing by contacting us via the ‘How to Contact Us’ facility referred to below at Section 16.
We will handle Your Data in accordance with Data Protection Legislation. “Data Protection Legislation” means the Irish Data Protection Acts 1988 to 2018, the UK GDPR/Data Protection Act 2018 , (“UKGDPR”) the General Data Protection Regulation (EU) 2016/679 (“GDPR”), and any other applicable law or regulation relating to the processing of Personal Data and to privacy, including the E-Privacy Directive 2002/58/EC and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (“E-Privacy Regulations”), as such legislation shall be supplemented, amended, revised or replaced from time to time.
We are a controller (as defined in Data Protection Legislation) in relation to any Personal Data, which we collect from you through your or any other user’s use of the Service. This Policy sets out the basis on which any such Personal Data will be processed by us.
In some instances, we and certain Affiliates (“Participating Affiliates”) who are party to an inter-company independent controller data sharing agreement (“DSA”) may process certain Personal Data pursuant to the terms of the DSA. We and our Participating Affiliates shall be responsible, as independent controllers, for our own processing of the Personal Data and will fully comply with our respective obligations as independent controller under Data Protection Legislation in respect of the Personal Data.
You may be a data subject (as defined in Data Protection Legislation) or you may be a controller. When you are a controller in respect of the Personal Data of other data subjects, then you must comply with all of your controller obligations under Data Protection Legislation. When you are a controller, we and you act as independent controllers, unless agreed otherwise.
- INFORMATION WE GATHER FROM YOU
We fully respect your right to privacy in relation to your interactions with the Service and endeavour to be transparent in our dealings with you as to what information we will collect and how we will use your information. Also, we only collect and use individual’s information where we are legally entitled to do so. Information in relation to Personal Data collected by Irish entities is available on www.dataprotection.ie, the website of the Irish Data Protection Commission (“DPC”).
We may collect Personal Data from you in the course of your use of the Service. The information that we process includes the following:
Information you give us.
You may give us information about you by filling in forms on our Website, in person or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our Website, subscribe to our Service and/or when you report a problem with our Website. The information you give us may include your name, home and/or business postal address, e-mail address and phone number, personal description and medical/health information and financial information, including your VAT number, bank account or card details and bank account details for payment processing purposes.
Information we collect about you.
With regard to each of your visits to our Website we may automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources.
We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Any Personal Data that we collect from you for these purposes is hereinafter referred to together as “Your Data”.
We endeavour to keep Your Data accurate and up-to-date. As such, you must tell us about any changes to such information that you are aware of as soon as possible.
If you are aged under 18, please get your parent/guardian’s permission before you provide Your Data to us/use the Service. We will not knowingly collect, use or disclose Personal Data from a minor under the age of 18, with-out obtaining prior consent from a person with parental responsibility (e.g., a parent or guardian) through direct off-line contact. We will provide the parent with (i) notice of the specific types of personal data being collected from the minor, and (ii) the opportunity to object to any further collection, use, or storage of such information. We abide by laws designed to protect children.
- WHY WE COLLECT/HAVE ACCESS TO YOUR INFORMATION
We may collect information from you as necessary in the course of providing our Service. We may collect your personal information while monitoring our technology tools and services, including our Website and email communications sent to and from us. We gather information about you when you provide it to us, or interact with us directly.
We may use Your Data on any one or more of the following legal bases: (i) to perform a contract with you; (ii) for our legitimate business purposes in providing the Service to you (in which case, our legitimate interests will not override your fundamental privacy rights); and/or (iii) where you have given us your express consent.
We may use Your Data for the purposes set out below. Where we wish to use Your Data in any other way, we will ensure that we notify you and get your consent first. You will be given the opportunity to withhold or withdraw your consent for the use of Your Data for purposes other than those listed in this Policy.
Information you give to us.
We will use this information:
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
• to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;
• to notify you about changes to our Service;
• to improve our Service;
• To anonymise data to allow analysis without the use of personal data
• To consolidate information in a non-identifiable form (aggregate/anonymised data) to help us better deliver our Service, to enhance our research activities and to facilitate other business functions
• to ensure that content from our Website is presented in the most effective manner for you and for your computer.
Information we collect about you.
We will use this information:
• to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our Website to ensure that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive features of our service, when you choose to do so;
as part of our efforts to keep our Website safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
• to make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.
Information we receive from other sources.
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Personal Data collected from you may also be transferred to a third party in the event that the business of this Website or a part of it and the customer data connected with which it is sold, assigned or transferred, in which case we would require the buyer, assignee or transferee to treat Personal Data in accordance with this Policy.
Personal Data may be disclosed to a third party if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding in Ireland or abroad.
We use the following types of cookies:
• Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services. You may disable these cookies by changing your browser settings, but this may affect how our Website functions and our ability to provide you with the Service.
• Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily and to see how effective and relevant advertising on our Website is.
• Functionality cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or location) and remember if we have already asked you for feedback or to complete a survey.
• Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can find a list of cookies we use and the purposes for which we use here.
We use Google Analytics to obtain high-level “audience measurement” data such as the referral web domain, type of operating system/browser used, date and time of visit, and other information relating to activities on our Website to understand its usage better, analyse trends, and optimize the Website experience. To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.
We use Google tracking cookies to understand if you complete certain actions on our Website after you have seen or clicked through one of our adverts served via Google. Based on the content you have engaged with on our Website, Google delivers some targeted advertisements across other Google partner websites. For more information, visit: https://support.google.com/ads/answer/2662922?hl=en.
The ‘Help Menu’ on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer.
For more information about cookies and managing them including how to turn them off, please visit www.cookiecentral.com. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to fully experience the interactive features of our Service/Website or other related websites/applications which you visit/use.
- ARE THERE CASES WHERE WE MAY USE YOUR INFORMATION TO CONTACT YOU
We may contact you:
• for administration reasons related to the Service (e.g., to provide you with password reminders or to notify you that a particular service, activity or online content has been suspended for maintenance, or in response to a question that you ask us;
• to provide you with information about our Service, activities or online content, including sending e-newsletters or similar correspondence and updates or responding to any contact you have made with us, e.g. on our Website, by email or via the ‘How To Contact Us’ facility referred to below;
• to invite you to participate in surveys about our services (participation is always voluntary).
• for direct marketing purposes.
- WHAT RIGHTS DO YOU HAVE
As a data subject, you have the following rights under Data Protection Legislation and we, as controller in respect of Your Data, will comply with such rights in respect of Your Data:
• the right of access to Personal Data relating to you;
• the right to correct any mistakes in Your Data;
• the right to ask us to stop contacting you with direct marketing;
• rights in relation to automated decision making;
• the right to restrict or prevent Your Data being processed;
• the right to have Your Data ported to another data controller;
• the right to erasure; and
• the right to complain to the DPC if you believe we have not handled Your Data in accordance with Data Protection Legislation.
These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of Your Data, please contact us (see ‘How To Contact Us’ below). We will respond to any rights that you exercise within one month of receiving your request, unless the request is particularly complex or cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to Data Protection Legislation, we will respond within that time period.
6.1 Right of access to Personal Data relating to you
You may ask to see what Personal Data we hold about you and be provided with:
• a summary of such Personal Data and the categories of Personal Data held (see Sections 2 and 3 above);
• details of the purpose for which it is being or is to be processed (see Section 3 above);
• details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are overseas and what protections are used for those oversea transfers (see Section 9 below);
• details of the period for which it is held or the criteria we use to determine how long it is held (see Section 14 below);
• details of your rights, including the rights to rectification, erasure, restriction or objection to the processing (set out in this Section 7);
• any information available about the source of that data (see Section 2 above);
• whether or not we carry out automated decision-making, or profiling, and where we do, information about the logic involved and the envisaged outcome or consequences of that decision making or profiling (see Section 7.4 below); and
• where Your Data are transferred out of the EEA, what safeguards are in place (see Section 9 below).
Details in respect of the above points are all set out in this Policy; however, if you need further clarification, please contact us (see ‘How to Contact Us’ below).
Requests for Your Data must be made to us (see ‘How to Contact Us’ below) specifying what Personal Data you need access to, and a copy of such request may be kept by us for our legitimate purposes in managing the Service. To help us find the information easily, please give us as much information as possible about the type of information you would like to see. If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible.
There are certain types of data which we are not obliged to disclose to you, which include Personal Data which records our intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations. We are also entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the Personal Data requested, we may charge you a reasonable fee to account for administrative costs of doing so), or (ii) we are entitled to do so pursuant to Data Protection Legislation.
6.2 Right to update Your Data or correct any mistakes in Your Data
You can require us to correct any mistakes in Your Data which we hold free of charge. If you would like to do this, please:
• email or write to us (see ‘How to Contact Us’ at Section 16 below);
• let us have enough information to identify you (e.g., name, registration details); and
• let us know the information that is incorrect and what it should be replaced with.
If we are required to update Your Data, we will inform recipients to whom that Personal Data have been disclosed (if any), unless this proves impossible or has a disproportionate effort.
It is your responsibility that all of the Personal Data provided to us is accurate and complete. If any information you have given us changes, please let us know as soon as possible (see ‘How to Contact Us’ at Section 16 below).
6.3 Right to ask us to stop contacting you with direct marketing
We have a legitimate interest to send you electronic communications in connection with the Service and related matters (which may include but shall not be limited to newsletters, announcement of new features etc. and which may also appear on social media platforms such as Facebook, LinkedIn, Twitter or Instagram.). We may also ask you for your consent to send you direct marketing from time to time. We may also ask you different questions for different services, including competitions. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:
• Click on ‘unsubscribe’ on an email (this will be instantaneous);
• Respond ‘stop’ on an SMS (this will be instantaneous) to a number notified to you; or
• Send an email via ‘How to Contact Us’ at Section 16 below (this can take up to 5 working days).
We will provide you with information on action taken on a request to stop direct marketing – this may be in the form of a response email confirming that you have ‘unsubscribed’. Unsubscribing from direct marketing does not unsubscribe you from essential electronic communications in respect of the administration of our services.
6.4 Rights in relation to automated decision making
You may ask us to ensure that, if we are evaluating you, we don’t base any decisions solely on an automated process and have any decision reviewed by a member of staff. Profiling may occur in relation to Your Data for the purposes of targeted advertising and de-targeting you from specified advertising. This allows us to tailor our advertising to the appropriate customers and helps to minimise the risk of you receiving unwanted advertising. These rights will not apply in all circumstances, for example where the decision is (i) authorised or required by law, (ii) necessary for the performance of a contract between you and us, or (ii) is based on your explicit consent. In all cases, we will endeavour that steps have been taken to safeguard your interests.
6.5 Right to restrict or prevent processing of Personal Data
In accordance with Data Processing Legislation, you may request that we stop processing Your Data temporarily if:
• you do not think that Your Data is accurate (but we may start processing again once we have checked and confirmed that it is accurate);
• the processing is unlawful but you do not want us to erase Your Data;
• we no longer need the Personal Data for our processing; or
• you have objected to processing because you believe that your interests should override the basis upon which we process Your Data.
If you exercise your right to restrict us from processing Your Data, we will continue to process the Personal Data if:
• you consent to such processing;
• the processing is necessary for the exercise or defence of legal claims;
• the processing is necessary for the protection of the rights of other individuals or legal persons; or
• the processing is necessary for public interest reasons.
6.6 Right to data portability
In accordance with Data Protection Legislation, you may ask for an electronic copy of Your Data that you have provided to us and which we hold electronically, or for us to provide this directly to another party. This right only applies to Personal Data that you have provided to us – it does not extend to data generated by us. In addition, the right to data portability also only applies where:
• the processing is based on your consent or for the performance of a contract; and
• the processing is carried out by automated means.
6.7 Right to erasure
In accordance with Data Protection Legislation, you can ask us (please see ‘How To Contact Us’ below) to erase Your Data where:
• you do not believe that we need Your Data in order to process it for the purposes set out in this Policy;
• if you had given us consent to process Your Data, you withdraw that consent and we cannot otherwise legally process Your Data;
• you object to our processing and we do not have any legal basis for continuing to process Your Data;
• Your Data has been processed unlawfully or have not been erased when it should have been; or
• the Personal Data have to be erased to comply with law.
We may continue to process Your Data in certain circumstances in accordance with Data Protection Legislation (i.e., where we have a legal justification to continue to hold such Personal Data, such as it being within our legitimate business interest to do so (e.g., retaining evidence of billing information etc.). Where you have requested the erasure of Your Data, we will inform recipients to whom that Personal Data have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it.
6.8 Right to complain to the DPC
If you do not think that we have processed Your Data in accordance with this Policy, please contact us in the first instance (see ‘How to Contact Us’ at Section 16 below). If you are not satisfied, you can complain to the DPC or exercise any of your other rights pursuant to Data Protection Legislation. Information about how to do this is available on the DPC website at https://www.dataprotection.ie.
- WITHDRAWAL OF CONSENT
If you no longer consent to our processing of Your Data (in respect of any matter referred to in this Policy as requiring your consent), you may request that we cease such processing by contacting us via the ‘How To Contact Us’ facility referred to below. Please note that if you withdraw your consent to such processing, it may not be possible for us to provide all/part of the Service to you.
- WHO WE SHARE YOUR INFORMATION WITH
We will not share Your Data without your consent or unless required by law (except as set out in this Policy). If we become involved in a merger, acquisition, or any form of sale of some of all of its assets, Your Data will not be transferred to any third party unless there are adequate safeguards in place with the recipient in respect of the security of Your Data.
We restrict access to Your Data to employees, contractors, and agents who need such access in order to operate, develop, or improve our Service. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, civil litigation and/or criminal prosecution, if they fail to meet these obligations. We may also share Your Data with our third party suppliers who assist us in the provision of the Service.
We also share Your Data with various third parties such as business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you (subject to having appropriate contracts in place with such third parties (subject to having appropriate contracts in place with such third parties).
Your Data may be transferred to, stored at, or accessed from a destination outside the European Economic Area (“EEA”) for the purposes of us providing the Service. It may also be processed by staff operating outside the EEA who work for us, another corporate entity within our group, or any of our suppliers. By submitting Your Data, you explicitly consent to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that Your Data is treated securely and in accordance with this Policy. The safeguards in place with regard to the transfer of Your Data outside of the EEA to third parties shall include (but shall not be limited to) the entry by us into appropriate contracts with all transferees of such data.
All information you provide to us is stored on our (or contracted third party) secure servers. Where we have given you (or where you have chosen) a password which enables you to access any part of our Service, you are responsible for keeping this password confidential. We ask you not to share a password with any person not authorised to use the Service.
- THIRD PARTY WEBSITES
- HOW DO WE PROTECT YOUR PERSONAL INFORMATION
We do our utmost to protect user privacy through the appropriate use of security technology. We restrict access to Your Data to employees, contractors and agents who need to know Your Data in order to operate, develop or improve the services that we provide. We ensure that we have appropriate physical and technological security measures to protect your information; and we ensure that when we outsource any processes that the service provider has appropriate security measures in place. However, our Website may contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.
We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of Your Data. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Your Data transmitted, stored or otherwise processed.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Your Data, we cannot guarantee the security of any data transmitted to us and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. To the extent permitted by law, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from (i) the transfer of data over communications networks and facilities, including the internet, or (ii) any delay or delivery failure on the part of any other service provider not contracted by us, and you acknowledge that our Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You will appreciate that we cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware and viruses. Accordingly, you will not hold us liable for any unauthorized disclosure, loss or destruction of Your Data arising from such risks.
- BREACH REPORTING
We will notify serious data breaches in respect of Your Data to the DPC without undue delay, and where feasible, not later than 72 hours after having become aware of same. If notification is not made after 72 hours, we will record a reasoned justification for the delay; however, it is not necessary to notify the DPC where the Personal Data breach is unlikely to result in a risk to the rights and freedoms of natural persons. A Personal Data breach in this context 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.
We will keep a record of any data breaches, including their effects and the remedial action taken, and will notify you of any data breach affecting Your Data (which poses a high risk to you) when we are required to do so under Data Protection Legislation. We will not be required to notify you of a data breach where:
• we have implemented appropriate technical and organisational measures that render the Personal Data unintelligible to anyone not authorised to access it, such as encryption; or
• we have taken subsequent measures which ensure that the high risk to data subjects is not likely to materialise; or
• it would involve disproportionate effort, in which case we may make a public communication instead.
- RETENTION OF PERSONAL DATA
Your Data will be kept and stored for such period of time as we deem necessary taking into account the purpose for which it was collected in the first instance. This may include retaining Your Data as necessary to provide the Service, comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Service.
Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Service, not to specifically analyse personal characteristics about you.
- AMENDMENTS TO POLICY
We may change our Policy from time to time and at our sole discretion. The date of the most recent revisions will appear on the top of this Policy. If you do not agree to these changes, please do not continue to use the Service to submit Your Data. If material changes are made to the Policy, we will notify you by placing a prominent notice on our Service or by sending you a notification in relation to this. We will not process Your Data in a manner not contemplated by this Policy without your consent.
- HOW TO CONTACT US
If you need to contact us with regard to any of your rights as set out in this Policy, all such requests should be made in writing by email to firstname.lastname@example.org or write to us at Data Protection, Neuromod Devices Limited, Unit J, Digital Court, The Digital Hub, Rainsford Street, Dublin 8, Ireland.
We have appointed GRCI Law Limited to act as our UK representative. If you wish to exercise your rights under UKGDPR or have any queries in relation to your rights or general privacy matters, please email our representative at email@example.com. Please ensure to include our company name in any correspondence you send to our representative.