These Terms and Conditions apply to and govern your use of PhysioWizard. They apply as between:

(1)     you, the User (You, Your or User as defined below) of the Services (defined below); and

(2)     PhysioMedics Limited, a company incorporated in Scotland (No.SC389958) and having its registered office at 16 Ravelston House Park, Edinburgh EH4 3LU (PhysioMedics, We, Us or Our); and

(3)     Physio Med Limited, a company incorporated in England (No. 05002629) and having its registered office at First Floor Premises, 14 Woolhall Street, Bury St. Edmunds, Suffolk, England, IP33 1LA (the Provider),

each a ‘Party’ and collectively ‘the Parties’.

By using the Services, you agree to be bound by these Terms and Conditions. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Services. If you do not agree to be bound by these Terms and Conditions, you must not use the Services and, if you have commenced use of the Services, you should stop using the Services immediately.

You must be at least 18 years of age to use the Services, and if you are under 18 years of age you must stop using the Services immediately.

1.      Definitions and Interpretation

In these Terms and Conditions the following words and expressions have the following meanings:

“Account”	means collectively the personal information, and credentials (username and password) used by You to access the Services; ;
“Assessment”	means a PhysioWizard online report created by You completing an online questionnaire via the Services which shall contain User Content and be hosted on the Platform; ;
“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of the Platform and/or the Services and is not User Content; ;
“Data”	means collectively all information that You submit to PhysioWizard and, where applicable, incorporates the definitions of ‘Data’ provided in the UK GDPR and the DPA; ;
“Data Controller” and “Data Processor”	shall have the meanings given to them in the Privacy Legislation;
“personal data” “processing” and “data subject”	shall have the meanings given to them in the Privacy Legislation;
“Database”	means the database stored on the Platform which contains, amongst other things, User Data;
“DPA”	means the Data Protection Act 2018 as modified, amended or re-enacted;
“GDPR”	means Regulation (EU) 2016/679 as amended, replaced, supplemented or adopted into United Kingdom law from time to time;
“Intellectual Property”	means all patents, registered designs, trademarks and service marks (whether registered or not), copyright, database rights, design right, know how, algorithm, trade secrets, information and all similar property including that subsisting (in any part of the world) in inventions, designs, performances, computer programs, semiconductor topographies, Confidential Information, business names, goodwill, Graphical User Interfaces, Menu Command Hierarchy and the styles of presentation of goods or services and in applications for protection of them in any jurisdiction;
“PhysioWizard”	means the programme or programmes comprised in the PhysioWizard software for being an automated decision-making tool for the analysis of potential muscular-skeletal problems, created and owned by PhysioMedics and forming part of the Services;
“Platform”	means the hardware and software environment in which the Services operate, comprising one or more server computers (whether virtual or not), mirroring/duplicating/back-up and storage systems and relative hardware operating software, virtual machine software (where relevant), operating system software, database software, anti-virus and security software, switches, power supplies and telecommunications infrastructure;
“Privacy Legislation”	means the GDPR where applicable in relation to the storage retention and processing of EU personal data), the retained EU law version of the GDPR (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the DPA, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner (as amended or replaced from time to time);
“Premises”	means PhysioMedics’ place of business located at 16 Ravelston House Park, Edinburgh EH4 3LU;
“Service(s)”	means collectively any online facilities, tools, systems, services or information that PhysioMedics makes available through the Website either now or in the future;
“User” / “Users”	means you/any third party that accesses the Website and is not employed by PhysioMedics or the Provider and acting in the course of their employment;
“User Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of an Assessment or the Services and has been uploaded by a User;
“User Data”	means Data created via an Assessment and stored in the Database;
“Website”	means the website that you are currently using and any sub-domains of this site (e.g. subdomain. physiomedics.com) unless expressly excluded by their own terms and conditions.

2.      Data Processing

In terms of the Privacy Legislation, in connection with Your use of the Services, PhysioMedics is processing your personal data as Data Processor for and on behalf of the Provider which is the Data Controller.

3.      Intellectual Property

3.1      Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included in the Services, including (without limitation) any material contained within Assessments, underlying code and software and the Database, is the property of PhysioMedics, or Our affiliates or licensors. By continuing to use the Services You acknowledge that such material is protected by applicable United Kingdom and international Intellectual Property and other laws.

3.2      You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Services as specified in Clause 5 of these Terms and Conditions for personal or educational purposes only unless otherwise indicated in the Services or unless We have given Our express written permission for You to do so. Specifically, You agree that:

3.2.1      You will not systematically copy Content from the Services with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless We have given Our express written permission for You to do so.

4.      Intellectual Property in Assessments

4.1      The Intellectual Property rights subsisting in the User Content of Assessments belong to the User to which that/those Assessment(s) relate(s) unless it is expressly stated otherwise.

4.2      Where expressly indicated, certain Content available through the Services and the Intellectual Property rights subsisting therein belongs to other parties.

4.3      Unless expressly stated to be so, the Content described in this Clause 4 is not covered by any permission granted by these Terms and Conditions to use Content from the Services. The exceptions in Clause 5 continue to apply.

4.4      For the avoidance of doubt, the Database is not and shall not be considered User Content.

5.      Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

6.      Third Party Intellectual Property

6.1      Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, copyright and trademarks, in Content (other than User Content) belong to the manufacturers or supplier of the Services as may be applicable.

6.2      Subject to Clause 5 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

7.      Assessments

7.1      PhysioWizard indicates the possible causes of Your pain or symptoms and provides information which is commonly of benefit to those suffering from similar pain or symptoms. Your Assessment, generated by PhysioWizard is for information purposes only and is NOT a substitute for professional medical advice, diagnosis or treatment. If You have any concerns regarding Your health e.g. if Your symptoms get worse, You must see Your doctor or call NHS111 or 999 (or the equivalent emergency medical number based on your residency) if there is perceived immediate danger of threat to life. If You have difficulties communicating or hearing call 18001 111 on a UK textphone and follow their advice rather than that given by the PhysioWizard report. If Your symptoms get rapidly worse or persist go immediately to A&E or if you reside in the UK call NHS111 or if You have difficulties communicating or hearing call 18001 111 on a textphone and follow their advice. PhysioWizard is not appropriate for managing medical emergencies. Neither PhysioMedics nor the Provider shall be liable to You or any third party for Your or any third party’s reliance on the terms of Your Assessment generated by PhysioWizard.

7.2      Your Assessment, generated by PhysioWizard, relies on the accurate and truthful input of information and answers by You. False, misleading and inaccurate information and answers will result in an inaccurate Assessment. Please be honest and thorough and do not withhold relevant information such as a previous or current medical condition when asked, as this will lead to an inaccurate report.

7.3      The Assessment generated by PhysioWizard is not clinically suitable for any person under 18 years of age.

7.4      Whilst reasonable endeavours have been made to ensure that all information, advice and recommendations provided by PhysioWizard will be accurate and up to date, Neither PhysioMedics nor the Provider give any warranty or representation that this is the case. Neither PhysioMedics nor the Provider give any guarantee of any specific results from the use of PhysioWizard and/or the Services.

7.5      You use the Services at Your own risk. Neither PhysioMedics nor the Provider shall be liable to You for Your use of the Services.

8.      Accounts

8.1      In order to use the Services You will either create an Account or have an Account created automatically in PhysioWizard on referral from the Provider . This will contain certain personal details. By creating an Account or being referred from the Provider into PhysioWizard, You represent and warrant that:

8.1.1      all information You submit is accurate and truthful; and

8.1.2      You will keep this information accurate and up-to-date.

8.2      Sharing of Accounts is not permitted unless expressly authorised in writing by PhysioMedics or the Provider. PhysioWizard access relies on you having and providing on booking a valid email address which is not shared or accessed by any unauthorised third parties. Neither PhysioMedics nor the Provider accept any liability for any losses or damages incurred as a result of Your email address details being shared by You. If You use a shared computer, it is recommended that You do not save Your email details in Your internet browser.

8.3      If You have reason to believe that Your details have been obtained by another without consent, You should contact the Provider Health immediately to suspend Your access to the Services.

8.4      If You terminate Your Account, Your details and Assessment(s) will be stored for a period of 5 years and thereafter either be deleted in whole or in part and/or anonymised in accordance with the Privacy Legislation, where applicable.

9.      Termination and/or Suspension

9.1      In the event (1) that any of the provisions of sub-Clause 10.1, below, are not followed, the Provider reserve the right to suspend or terminate Your access to the Service(s). Any Users suspended or terminated in this way must not attempt to use the Services under any other name or by using the access credentials of another User, with or without the permission of that User.

9.2      If We terminate or suspend Your Account as a result of Your breach of these Terms and Conditions, You will not be entitled to any remedy or recourse.

10.      Use of Services

10.1      When using the Services You should do so in accordance with the following rules:

10.1.1      You must not use obscene or vulgar language;

10.1.2      You must not submit User Content that is unlawful or otherwise objectionable. This includes, but is not limited to, User Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3      You must not submit User Content that is intended to promote or incite violence;

10.1.4      You must not submit User Content which contains any material that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation in force in the United Kingdom or any other jurisdiction) in which Your User Content can be lawfully accessed;

10.1.5      It is advised that submissions are made using the English language(s) as the Provider may be unable to respond to enquiries submitted in any other languages;

10.1.6      The means by which You identify yourself must not violate these Terms and Conditions or any applicable laws; and

10.1.7      You must not impersonate other people, particularly employees and representatives of PhysioMedics or the Provider or Our or the Provider’s affiliates.

10.2      You agree that You will be liable to Us and/or the Provider as the case may be and will, to the fullest extent permissible by law, recompense both Us and the Provider for any breach of the warranties given by You under sub-Clause 10.1. You will be responsible for any loss or damage suffered by Us and/or the Provider as a result of such breach.

11.      Termination and Cancellation

11.1      If PhysioMedics or the Provider terminates Your Account, You will be notified by email and an explanation for the termination may be provided. Notwithstanding the foregoing, both We and the Provider reserve the right to terminate.

12.      Services and Availability

12.1      Whilst every effort has been made to ensure that all descriptions of Services available from PhysioMedics and/or the Provider correspond to the actual Services, neither PhysioMedics nor the Provider is responsible for any variations from these descriptions. This does not exclude liability for mistakes due to negligence on the part of either PhysioMedics and/or the Provider and refers only to variations of the correct Services, not different Services altogether.

13.      Privacy

13.1      Your use of the Services as a data subject is covered by the Provider’s Privacy Notice which is available from the Provider on request.

13.2      PhysioMedics will process all personal data in accordance with the Privacy Legislation and the Provider’s Privacy Notice.

13.3      PhysioMedics may compile statistics about the use of products and Services including data on traffic, usage patterns, user numbers, and other information. All such data will be anonymised and will not include any personal data, or any anonymised data that can be combined with other data and used to identify a User. PhysioMedics may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the Privacy Legislation and other applicable laws.

13.4      By using the Services You agree to:

13.4.1      Your anonymised Data being used for research and statistical analysis;

13.4.2      Your Data being used for future ethically approved studies;

13.4.3      Your Data being looked at/studied by the NHS or regulatory/other medical authorities.

13.4.4      PhysioMedics or their contractors and agents contacting You for the following Purposes:

a)      Product support and/or feedback

13.5      In certain circumstances, PhysioMedics may be legally required to share certain Data held by it, which may include Your personal data, for example, where PhysioMedics are involved in legal proceedings, where PhysioMedics are complying with legal requirements, a court order, or a governmental authority.

13.6      PhysioMedics uses analytics services provided by Google Analytics, to collect and analyse anonymous usage information, enabling PhysioMedics to better understand how the Services are used. This, in turn, enables PhysioMedics to improve the Services.

13.7      Your Assessment(s) will be stored by PhysioMedics for a period of 5 years and thereafter either deleted in whole or in part and/or anonymised in accordance with the Privacy Legislation where applicable. The purpose of this retention of Your Assessment is to allow PhysioMedics to address any issues generated by an Assessment directed either at PhysioMedics and/or the Provider within the five year period.

13.8      If You have any questions about the Software or these Terms and Conditions please contact PhysioMedics by email at hello@physiomedics.com or by post to Our Premises. Please ensure that Your query is clear.

13.9      PhysioMedics and/or the Provider may change these Terms and Conditions from time to time (for example, if the law changes). Any changes will be immediately posted on this Website and You will be deemed to have accepted the amended Terms and Conditions on Your first use of the Services following the alterations. PhysioMedics recommend that You check this page regularly to keep up-to-date.

14.      Legal Rights and Disclaimers

14.1      Neither PhysioMedics nor the Provider gives any warranty or representation that the Services will be compatible with all systems, or that they will be secure, or that they will operate on an uninterrupted or error-free basis.

14.2     

14.3      Whilst reasonable endeavours have been made to ensure that all information provided in the Services will be accurate and up to date, neither PhysioMedics nor the Provider give any warranty or representation that this is the case. Neither PhysioMedics nor the Provider give any guarantee of any specific results from the use of the Services.

14.4      Whilst PhysioMedics and the Provider exercise all reasonable skill and care to ensure that the Services are secure and free of errors, viruses and other malware, You are strongly advised to take responsibility for Your own internet security, that of Your personal details and Your computers.

15.      Availability of the Website and Modifications

15.1      Neither PhysioMedics nor the Provider accept any liability for any disruption or non-availability of the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.

15.2      Both PhysioMedics and the Provider reserve the right to alter, suspend or discontinue any part (or the whole of) the Services. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

16.      Limitation of Liability

16.1      To the fullest extent permitted by law, both PhysioMedics and the Provider exclude all liability for any losses or damage that are not foreseeable or which were not in Your, Our and the Provider’s contemplation when we entered into this Contract (known as ‘indirect or consequential loss or damage) including, but not limited to, liability for loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or loss of goodwill. Neither PhysioMedics nor the Provider accept any liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, delict/tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Services or the use of or reliance upon any Content.

16.2      To the fullest extent permitted by law, both PhysioMedics and the Provider exclude all representations, warranties, conditions and guarantees (whether express or implied, whether by statute, common law or otherwise) that may apply to any Content or the Services.

16.3      Both PhysioMedics and the Provider exercise all reasonable skill and care to ensure that the Services are free from viruses and other malware. Neither PhysioMedics nor the Provider accept any liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Services (including the downloading of any content from it) or any other site referred to on the Website.

16.4      Nothing in these Terms and Conditions excludes or restricts either PhysioMedics or the Provider’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

16.5      Subject to 16.1, 16.2 and 16.4 above, in no event shall either PhysioMedics’ or the Provider’s total liability to You (for any one event or series of related events) exceed in total £1000 . For the avoidance of doubt, this limitation of liability shall apply to a breach by either PhysioMedics and/or the Provider of the Privacy Legislation.

16.6      Your consumer rights are not affected. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

17.      No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

18.      Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

19.      Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between You, PhysioMedics and the Provider as specified in these Terms and Conditions.

20.      Communications

20.1      All notices / communications shall be given to Us either by post to Our Premises at the address given above or by email to support@physiomedics.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

21.      Law and Jurisdiction

21.1      These Terms and Conditions, and the relationship between You, Us and the Provider (whether contractual or otherwise) shall be governed by and construed in accordance with Scots law.

21.2      Any disputes concerning these Terms and Conditions, the relationship between You, Us and the Provider, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the Scottish Courts.

21.3      If You are a consumer (a natural person, not entering into these Terms and Conditions in the course of a business) You will continue to benefit from any mandatory consumer protection provisions of Your own jurisdiction. Nothing in these Terms and Conditions, including reference to the choice of law clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

BACKGROUND:

In this Policy, unless specified otherwise, words and phrases shall have the same meanings as specified in Our Terms and Conditions.

PhysioMedics Limited, a company incorporated in Scotland (No.SC389958) and having its Registered Office is at 16 Ravelston House Park, Edinburgh EH4 3LU understands that your privacy as a User is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of Customers and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.

Please read this Privacy Notice carefully and ensure that you understand it. You will be required to read and accept this Privacy Notice when signing up for an Account or starting an Assessment. If you do not accept and agree with this Privacy Notice, you must stop using Our Services immediately.

1.      Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Account”	means an account required to access and/or use certain areas and features of Our Services ;
“Cookie”	means a small text file placed on your computer or device by Our Services when you visit certain parts of Our Services and/or when you use certain features of Our Services. Details of the Cookies used by Our Services are set out in Part 14, below ;
“Cookie Law”	means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 ;
“We/Us/Our”	means the said PhysioMedics Limited (as above).

2.      Information About Us

Our Services is owned and operated by Us.

Our VAT number is: 123449526

Email address: hello@physiomedics.com

3.      What Does This Policy Cover?

3.1      This Privacy Notice applies only to Our use of data gathered by Us in Users’ use of Our Services.

4.      What Is Personal Data?

4.1      Personal data is defined by the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) (where applicable in relation to the storage retention and processing of EU personal data), the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

4.2      Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

5.      What Are My Rights?

5.1      Under the Data Protection Legislation, you have the following rights, which We will always work to uphold:

a)      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 using the details in Part 15.

b)      The right to access the personal data We hold about you. Part 13 will tell you how to do this.

c)      The right to have your personal data rectified if any of your personal data held by Us is inaccurate or incomplete. Please contact Us using the details in Part 15 to find out more.

d)      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. Please contact Us using the details in Part 15 to find out more. (PhysioMedics only holds personal data for a limited time, as explained in Part 8 but if you would like PhysioMedics to delete it sooner, please contact PhysioMedics using the details in Part 15). Please note that deletion of certain personal data may prevent the Our Services from functioning;

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

f)      The right to object to Us using your personal data for a particular purpose or purposes.

f)      The right to object to Us using your personal data for a particular purpose or purposes.

g)      The right to withdraw consent. This means that, if We are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.

h)      The right to data portability. This means that, if you have provided personal data to Us directly, We are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask Us for a copy of that personal data to re-use with another service or business in many cases.

i)      Rights relating to automated decision-making and profiling. For more information please see Part 7.

5.2      For more information about Our use of your personal data or exercising your rights as outlined above, please contact Us using the details provided in Part 15.

5.3      It is important that your personal data is kept accurate and up-to-date. If any of the personal data We hold about you changes, please keep Us informed as long as We have that data.

5.4      Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

5.5      If you have any cause for complaint about Our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

5.6      We would welcome the opportunity to resolve your concerns Ourselves, however, so please contact Us first, using the details in Part 15. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office details of which can be found here https://ico.org.uk/.

6.      What Data Do You Collect and How?

6.1      Depending upon your use of Our Services, We may collect and hold some or all of the personal and non-personal data set out below, using the methods also set out in the table. Please also see Part 14 for more information about Our use of Cookies and similar technologies Our Cookie Policy. We do collect certain ‘special category’ or ‘sensitive’ personal data.

Data Collected	How We Collect the Data
Identity Information including: name, title, date of birth and gender.	Provided by User or Data Controller for registration.
Contact information including: email addresses and telephone numbers.	Provided by User or Data Controller for registration.
Business information including: job title and profession.	Provided by User or Data Controller for registration.
Profile information including: post codes, preferences and login details.	Provided by User or Data Controller
Technical information including: IP address, web browser type and version, operating system and a list of URLs starting with a referring site, your activity on Our Services, and the site you exit to.	Provided through Cookies
Health information including: musculoskeletal medical information gathered from your use of Our Services.	Provided by User during the Assessment

7.      How Do You Use My Personal Data?

7.1      Under the Data Protection Legislation, We must always have a lawful basis for using personal data. The following table describes how We may use your personal data, and Our lawful bases for doing so:

What We Do/ Lawful Basis/ requirement for collecting personal data	What Data We Use
Registering you on Our Services and managing your User account.	Identity Information including: name, title, date of birth and gender; Profile information including: post codes, preferences and login details; Technical information including: IP address, web browser type and version, operating system and a list of URLs starting with a referring site, your activity on Our Services, and the site you exit to.
Providing and managing your access to Our Services.	Technical information including: IP address, web browser type and version, operating system and a list of URLs starting with a referring site, your activity on Our Services, and the site you exit to; Profile information including: post codes, preferences and login details.
Personalising and tailoring your experience on Our Services.	Technical information including: IP address, web browser type and version, operating system and a list of URLs starting with a referring site, your activity on Our Services, and the site you exit to. Profile information including: post codes, preferences and login details. Business information including: job title and profession; Health information including: musculoskeletal medical information gathered from your use of Our Services.
Administering Our Services.	Identity Information including: name, title, date of birth and gender. Profile information including: post codes, preferences and login details; Business information including: job title and profession Technical information including: IP address, web browser type and version, operating system and a list of URLs starting with a referring site, your activity on Our Services, and the site you exit to; Health information including: musculoskeletal medical information gathered from your use of Our Services.
Supplying Our Products and/ Services.	Identity Information including: name, title, date of birth and gender,. Profile information including: post codes, preferences, and login details; Technical information including: IP address, web browser type and version, operating system and a list of URLs starting with a referring site, your activity on Our Services, and the site you exit to; Health information including: musculoskeletal medical information gathered from your use of Our Services.
Personalising and tailoring Our Products and/ Services for Users.	Identity Information including: name, title, date of birth and gender. Profile information including: post codes, preferences, and login details; Technical information including: IP address, web browser type and version, operating system and a list of URLs starting with a referring site, your activity on Our Services, and the site you exit to; Health information including: musculoskeletal medical information gathered from your use of Our Services.
Communicating with Users.	Identity Information including: name, title and gender; Contact information including: email addresses and telephone numbers.
Supplying Users with information by that Users have opted-in-to (you may opt-out at any time by unsubscribing using the links provided in Our emails.	Identity Information including: name, title and gender; Contact information including: email addresses and telephone numbers.

7.2      With your permission and/or where permitted by law, We may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on Our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with Our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

7.3      We use the following automated systems for carrying out certain kinds of decision-making and profiling (making a decision solely by automated means without any human involvement):

7.3.1      When a User submits Data (including personal data) to PhysioWizard for the purposes of completing an Assessment, PhysioWizard uses automated processes and algorithms using the Data inputted by the User to create treatment pathways tailored to the User, generate automated reports for Users outlining self-help/management and recommended actions such as contacting Accident and Emergency NHS111, General Practitioners, Physiotherapists other specialists etc. and offering personalised self-help & advice, appointment booking links and other follow up options based on the outcome of the Assessment. Human involvement in this process will occur when a User contacts a third party for further advice/ treatment based on the recommended actions generated by PhysioWizard.

7.4      We will only use your personal data for the purpose(s) for which it was originally collected unless We reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If We do use your personal data in this way and you wish Us to explain how the new purpose is compatible with the original, please contact Us using the details in Part 15.

7.5      If We need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, We will inform you and explain the legal basis which allows Us to do so.

7.6      In some circumstances, where permitted or required by law, We may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

8      How Long Will You Keep My Personal Data?

8.1      We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected and for as long as We have your permission to keep it.

9      How and Where Do You Store or Transfer My Personal Data?

9.1      Data security is very important to PhysioMedics, and to protect your Data PhysioMedics have taken suitable measures to safeguard and secure Data.

9.2      Steps PhysioMedics take to secure and protect your Data include:

9.2.1      All the personal data you provide to Us overhttp://www.physiowizard.com/ is transferred and protected over a secure SSL connection;

9.2.2      Password protection;

9.2.3      Role based access and admin roles to prevent unauthorized access to personal data;

9.2.4      Dual factor authentication;

9.2.5      Regular back-ups;

9.2.6      Data minimisation;

9.2.7      Anonymisation;

9.2.8      Pseudonymisation;

9.2.9      Dashboards and alerts to enhance system control and monitoring;

9.2.10      Systems, devices and software are kept up to date;

9.2.11      Spam protection.

9.3      Notwithstanding the security measures that We take, it is important to note that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the Internet.

9.4      Some or all of your Data may be stored outside of the United Kingdom and EEA (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein) or the United Kingdom. You are deemed to accept and agree to this by using Our Services and submitting information to PhysioMedics. If PhysioMedics does store Data outside the EEA or the United Kingdom, PhysioMedics will take all reasonable steps to ensure that your Data is treated as safely and securely as it would be within the United Kingdom and EEA under the Privacy Legislation including:

9.4.1      In the event that We appoint a Processor (as defined in the Privacy Legislation), We shall:

9.4.2      enter into a Processing Agreement with the Processor which shall impose upon the Processor the same or similar obligations as are imposed upon Us by this Privacy Notice;

9.4.3      ensure that the Processor complies fully with its obligations under the Processing Agreement and the Privacy Legislation; and

9.4.4      remain fully liable to the User for performance of the Processor’s obligations to the extent the Processor fails to fulfil their data protection obligations.

10      Do You Share My Personal Data?

10.1      If We sell, transfer, or merge parts of Our business or assets, your personal data may be transferred to a third party. Any new owner of Our business may continue to use your personal data in the same way(s) that We have used it, as specified in this Privacy Notice.

10.2      In some limited circumstances, We may be legally required to share certain personal data, which might include yours, if We are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

10.3      We may share your personal data with other companies in Our group for administration and company management purposes. This includes subsidiaries.

10.4      We sometimes contract with the following third parties to process data to supply certain products services and process data on Our behalf.

Recipient	Activity Carried Out	Sector	Location of Data
Mitra Innovation Ltd.	Support Services	Software development & support services	Sri Lanka
Twilio	Email Services	Cloud Communications	USA

10.5      If any of your personal data is shared with a third party, as described above, We will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, Our obligations, and the third party’s obligations under the law, as described above in Part 9.

10.6      If you have been referred to take Our Services by your employer, PhysioMedics may share only your name and contact details with your employer.

10.7      If any personal data is transferred outside of the UK, We will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK/ European Union and under the Data Protection Legislation, as explained above in Part 9.

11      How Can I Control My Personal Data?

11.1      In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via Our Services, you may be given options to restrict Our use of your personal data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails).

11.2      You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

12      Can I Withhold Information?

12.1      You may restrict Our use of Cookies. For more information, see Part 14 and Our Cookie Policy.

13      How Can I Access My Personal Data?

13.1      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”.

13.2      All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.

13.3      There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover Our administrative costs in responding.

13.4      We will respond to your subject access request within 28 days and, in any case, not more than one month of receiving it. Normally, We aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date We receive your request. You will be kept fully informed of Our progress.

14      How Do You Use Cookies?

14.1      Our Services may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Services and to provide and improve Our products and services. In addition, Our Services uses analytics services, which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Services. For more details, please refer to Our Cookie Policy.

15      How Do I Contact You?

15.1      To contact Us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details: Email address: hello@physiomedics.com. Postal Address: 16 Ravelston House Park, Edinburgh EH4 3LU, United Kingdom.

16      Changes to this Privacy Notice

16.1      We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if We change Our business in a way that affects personal data protection.

16.2      Any changes will be immediately posted on the Platform and you will be deemed to have accepted the terms of the Privacy Notice on your first use of Our Services following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Notice was last updated on 3rd June 2021.