Welcome to Pacla Medical Limited's privacy notice.
There will be times when you trust us with your personal data and we will take steps to ensure that your data and privacy rights are protected. This privacy notice lets you know how we look after personal data we collect from you when
- you visit our website (regardless of where you visit it from),
- buy or subscribe for one of our products or
- register to use our services through the BackHug app (App).
This privacy notice tells you how Pacla Medical Limited collects and processes your personal data when you use our website, purchase or subscribe for one of our products or when you register to use one of our products via the App.
Our website, App and products and services are designed for adults and we do not intend them to be accessed or used by children under the age of 18. If you are aware that we have been provided with data for anyone under 18, please let us know so we can investigate.
It is important that you read this privacy notice together with any other privacy notice or fair processing policy 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 other notices and privacy policies and is not intended to override them.
Pacla Medical Limited is the controller and responsible for your personal data (collectively referred to as Pacla Medical Limited, "we", "us" or "our" in this privacy notice).
We have appointed a data privacy manager 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, or our use of your personal data, please contact the data privacy manager using the details set out below.
If you have any questions about this privacy notice or our privacy practices, please contact our data privacy manager in the following ways:
- Full name of legal entity: Pacla Medical Limited
- Email address: email@example.com
- Postal address: 21 Lansdowne Cres, Edinburgh EH12 5EH
We are registered with the UK’s Information Commissioner’s Office, registration number [ZA834568]
Changes to the privacy notice
We keep our privacy notice under regular review. This version was last updated on 17/07/2023.
Our website 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.
We do not provide third party advertising or links through our App.
What do we collect about you and how?
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). 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.
We do what we can to minimise the amount of personal data we collect but we will need to collect different personal data about you for different reasons. Sometimes we collect personal data directly from you, for example when you buy or subscribe to our product or services, request marketing or give us feedback or contact us. At other times we may receive personal data about you from other sources or third parties. We also collect personal data automatically when you interact with our website or our App.
The type of personal data we collect will depend on the circumstances but we have grouped together different types of personal data we collect as follows:
- Identity Data includes first name, last name, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Health Data includes any personal data you provide about your health, physical and mental well-being, including data about treatment parameters you select when using the BackHug and how you use the BackHug. Please note this type of data is considered Special Category Data which will only be collected through the App and we take extra care with this given the sensitive nature of the information.
- Technical Data includes 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 the website or App.
- Profile Data includes purchases or subscriptions you make, your interests, preferences, feedback and survey responses.
- Usage Data includes information about the frequency of use of the website, areas and features that you access, visit or use, engagement with particular features (ie how you use our website or App) and the operating system of the mobile phone you use to download or use the App.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We 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 is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website or App feature. 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.
With the exception of Health Data (covered above), we do not collect any other Special Categories of Personal Data.
Data from external sources.
We may receive personal data about you from various third parties, like information to enhance or supplement existing user information or for statistical purposes and analytics. Additionally, we will receive Financial, Technical and Usage Data from providers of technical and payment services we engage.
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 a product or services). In this case, we may have to cancel delivery of the product or access to our service but we will notify you if this is the case at the time.
How do we use your personal data?
We will not collect or use your personal data without letting you know (unless required by law). Our use of your personal data will be based on one of the following grounds:
- 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 obligation.
For the use of special category health data, in addition to the grounds above, we will also obtain your explicit consent as a legal basis for processing. At the point you sign up to the App, we will notify you that we collect Health Data and your consent will be required before you access the App and provide us with that data. We consider that it is necessary to have this special category data so we can provide relevant services to you through the App.
Generally, we do not rely on consent as a legal basis for processing any other type of 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.
Principles of processing
We will not process personal data in a way that is incompatible with the purposes for which it has been collected or subsequently authorised by you. We also will not collect any personal data that is not needed for the mentioned purposes. For any new purpose of processing we will ask your approval before we begin that processing.
We will not sell or rent your personal data and will get your consent before giving your personal data to any third party for direct marketing communications.
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 or a user of the App||
To process and deliver your order and provide use of the products and services, including:
||(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to manage payments and charges)
(c) Explicit consent (in respect of Health Data)
|To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy notice
(b) Providing product updates to you
(c) Asking you to leave a review or take a survey
(d) Marketing and Communications
(e) Health Data
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) 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, website and App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(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 deliver relevant website or App content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity
(e) Marketing and Communications
(g) Health Data
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, App, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website and App updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity
(c) Health Data
(g) Marketing and Communications
|(a) Necessary for our legitimate interests (to develop our products/services and grow our business)
(b) Explicit Consent (Health Data only)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage 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 products, services and offers may be relevant for you (we call this “marketing”).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
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 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 product/service purchase, warranty registration, product/service experience or other transactions.
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.
Who do we share your personal data with?
We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.
- External Third Parties: we will share your personal data with service providers we have appointed to act as our processors, such service providers we engage to provide financial transaction and payment services, web hosting and support services and marketing support services. These providers may be based outside of the UK but we will always ensure appropriate safeguards are in place before we transfer your personal data.
- Where required by law or under any legal order.
- 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.
Aggregated Data. We may aggregate, anonymize or de-identify your personal data so that it cannot reasonably be used to identify you. Such data is no longer personal data but we will still take care of it. This is done for our legitimate interest as well as the wider societal interest.
Our business operates in several countries and we use external third parties that are based internationally so their processing of your personal data may involve an international transfer of data.
Whenever we transfer your personal data internationally, we will ensure a similar degree of protection is afforded to it in the receiving country by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- Where we use certain service providers, we may use specific contracts approved for use which give personal data the same protection it has in the UK.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
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.
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.
Where we have anonymised your personal data (so that it can no longer be associated with you) for research or statistical purposes, we may use this information indefinitely without further notice to you.
Your legal rights
We are committed to providing you with privacy rights in relation to your personal data. Details of the rights you have are set out below. If you wish to exercise any of the rights set out above, please contact us.
Under certain circumstances, you have rights under data protection laws in relation to your personal data which include:
- Your right of access: You have the right to ask us for copies of your personal information.
- Your right of rectification: You have the right to ask us to rectify information you think is inaccurate.
- Your right to erasure: You have the right to ask us to erase your personal information in certain circumstances.
- Your right to restriction of processing: You have the right to ask us to restrict the processing of your information in certain circumstances.
- Your right to object to processing: You have the right to object to processing if we are able to process your information because the process forms part of our public tasks, or is in our legitimate interests.
- Your right to data portability: This only applies to data you have given us. You have the right to ask that we transfer the information you gave us from one organisation to another, or give it to you. The right only applies if we are processing information based on your consent or in talks about entering into a contract and the processing is automated
For more information on your rights, please contact us.
We would like the opportunity to deal with any complaint or concerns and you can contact us to raise these with us. Data protection rules also give you
- the right to make a complaint at any time to data protection regulators in the country you are located.
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.
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.
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.