Privacy Policy

Introduction

This policy governs the use by DIGITAL REHABILITATION LIMITED t/a VERTIGENIUS (‘Vertigenius‘ ‘us’ ‘we’) of any data you share with us whether by using our website https://vertigenius.com/ (the ‘Website’) the Vertigenius Software including App (the ‘App’) and the Clinician Portal (the ‘Portal’) (together the ‘Services’) submitting documents to us or otherwise engaging with our services and where we are the controller of such data.

Vertigenius respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we use your personal data when you visit the Vertigenius Websites or use the App (regardless of where you visit it from) or otherwise share data with us and tell you about your privacy rights and how the law protects you.

Please note where you are using our App as a patient of a healthcare provider that healthcare provider is the data controller of the data you share with them on the App and we are their processor in that regard. You should therefore consult the privacy policy of your healthcare provider to understand how they use and manage your personal data. This Privacy Policy governs our use of Personal Data where we are the data controller of such data.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below.

PURPOSE OF THIS PRIVACY NOTICE
THE DATA WE COLLECT ABOUT YOU
HOW IS YOUR PERSONAL DATA COLLECTED
HOW WE USE YOUR PERSONAL DATA
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
DISCLOSURES OF YOUR PERSONAL DATA
INTERNATIONAL TRANSFERS
DATA SECURITY
DATA RETENTION
YOUR LEGAL RIGHTS

Important Information and Who We Are

Purpose of this privacy notice

This privacy notice aims to give you information on how Vertigenius collects and processes your personal data through your use of this website the Services including any data you may provide through the Website or Services when you sign up to a newsletter purchase a product or service.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Digital Rehabilitation Limited t/a Vertigenius with company registered in Ireland with company number 679552 and with registered address at Somerton House Rochestown Avenue Dun Laoghaire Co. Dublin is the controller responsible for your personal data.

We have appointed a data privacy officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice including any requests to exercise your legal rights please contact the data privacy manager using the details set out below.

Name: The Data Privacy Officer
Address: Somerton House Rochestown Avenue Dun Laoghaire Co. Dublin
Email: dataprivacy@vertigenius.com

You have the right to make a complaint at any time to the Data Protection Commissioner’s Office (www.dataprotection.ie) being the supervisory authority for data protection issues. We would however appreciate the chance to deal with your concerns before you approach the Data Protection Commissioner’s Office so please email us at dataprivacy@vertigenius.com.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 23-05-2024. 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.

Third-Party Links

The Website or Services may include links to third-party websites plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website we encourage you to read the privacy notice of every website you visit.

The Data We Collect About You

Personal 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:

Identity Data includes first name last name title date of birth and gender.
Contact Data includes address email address and telephone numbers.
Financial Data includes bank account or credit card information.
Transaction Data includes details of products or services ordered from us quotations issued customer services interactions
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 this website.
Profile Data includes your interests preferences feedback and survey responses.
Usage Data includes information about how you use our website and the Services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Aggregated Data

We also collect use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of the Services. However if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you we treat the combined data as personal data which will be used in accordance with this privacy notice.

Special Categories

“Special categories” of particularly sensitive personal information require higher levels of protection (this includes details 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 need to have further justification for collecting storing and using this type of personal information. We may process special categories of personal information in the following circumstances:

In limited circumstances with your explicit written consent.
Where we need to carry out our legal obligations.
Where it is needed in the public interest such as for equal opportunities monitoring.
Less commonly we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent or where you have already made the information public.

The purpose of our Services is to assist users in conjunction with their healthcare providers in managing and taking control of dizziness vertigo and imbalance. Healthcare provider may require you to share certain health information via the App. Your healthcare Provider is the data controller of such information and you should consult their privacy policy for information on how they manage your data. In those circumstances we are a data processor for such healthcare providers. We do not ordinarily request or require medical or health information.

Healthcare Data

Healthcare Data includes clinician assessment of patients patient health goals and problems patient treatment details (types of exercises and parameters) patient treatment adherence and patient symptoms

Further informationWe may provide you with further specific information about the type of data and purpose of it at the point of data capture.

How is Your Data Collected

We use different methods to collect data from and about you including through:

Direct interactions

You may give us your Identity or contact information by filling in forms or by corresponding with us by post phone email or otherwise and we may record Transaction Data arising from our interaction. This includes personal data you provide or which we record when you:

create an account or profile and enter data on our Website. Information uploaded to our App or Clinician Portal is governed by the terms of your healthcare provider’s privacy policy. In that regard we are a data processor of such personal data;
give us some feedback or request support
subscribe to a mailing list

Automated technologies or interactions

As you interact with our website we may automatically collect Technical Data about your equipment browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.

How We Use Your Personal 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:

Where we need to perform the contract we are about to enter into or have entered into with you.
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.
Where we need to comply with a legal or regulatory obligation.

Paragraph 5 below set out the types of lawful basis that we will rely on to process your personal data.

If consent is used as a legal basis for processing your data you have the right to withdraw consent at any time by sending an email from the account we use to contact you to dataprivacy@vertigenius.com or use the Unsubscribe link on any of our marketing emails.

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 email us at dataprivacy@vertigenius.com 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.

The lawful basis of processing that we use are as follows:-

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 emailing us at dataprivacy@vertigenius.com
Performance of Contract means processing your data where it is necessary for the performance of a contract or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Consent means we will only process your data when you have consented to it for one or more specific purpose. You consent will be as easy to withdraw as it was to grant and processing your data will cease if your consent is withdrawn.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register a new Customer	(a) Identity (b) Contact (c) Financial Data (d) Transaction Data	Performance of a contract
Provisions of the Services	Identity Contact Healthcare	Performance of a contract Legitimate interest (managing the Services)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Necessary to comply with a legal obligation (b) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business Services and website (including troubleshooting data analysis testing system maintenance support reporting and hosting of data)	(a) Identity (b) Contact (c) Technical (d) Usage	(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 reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To use data analytics to improve our website products/services marketing customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (for running our business improving our products and services)

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 email us at dataprivacy@vertigenius.com. 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.

Opting Out

You can ask us to stop sending you marketing messages at any time by emailing us at dataprivacy@vertigenius.com at any time or by clicking the Opt-out link in any of our marketing emails. Where you opt out of receiving these marketing messages this will not apply to personal data provided to us as a result of a course participation membership registration or other transactions.

Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 5 above.

Internal Third Parties
- Other members of the Vertigenius corporate group.
External Third Parties
- Service providers based inside and outside of EEA who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers bankers auditors and insurers based in Ireland who provide consultancy payroll banking legal insurance and accounting services.
- Revenue governmental agencies regulators grant authorities and other authorities acting as processors or joint controllers based in Ireland who require reporting of processing activities in certain circumstances or to whom we are obliged to share information about our organisation and participation in it.
- Third parties to whom we may choose to sell transfer or merge parts of our business or our assets. Alternatively we may seek to acquire other businesses or merge with them. If a change happens to our business then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International Transfers

In order to provide certain services to you including the website we may need to transfer personal to locations outside the jurisdiction in which a visitor is viewing the website (the User Jurisdiction) and process personal data outside the User Jurisdiction. If the User Jurisdiction is within the European Economic Area (the EEA) please note that such transfers and processing of personal data may be in locations outside the EEA. Any data sent or uploaded by users may be accessible in jurisdictions outside the User Jurisdiction (including outside the EEA). The level of data protection offered in such jurisdictions may be less than that offered within the User Jurisdiction or (as the case may be) within the EEA but shall at all times be done in compliance with Article 45 GDPR.

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.

Data Retention – How Long Will You Use My Personal Data For?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for including for the purposes of satisfying any legal accounting or reporting requirements.

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 requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by emailing us at dataprivacy@vertigenius.com.

In some circumstances you can ask us to delete your data: see Request erasure below for further information. In some circumstances we may 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.

Your Legal Rights

Under certain circumstances you have rights under data protection laws in relation to your personal data. You may;

Request access to your personal data. This is 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.
Request correction of your personal data. 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.
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.
Object to processing of your personal data. You may object 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.
Request restriction of processing 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request transfer of your personal data 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 which you initially provided consent for us to use or where we used the information to perform a contract with you.
Right to withdraw consent. 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.

If you wish to exercise any of the rights set out above please email us at dataprivacy@vertigenius.com.