DeepH Privacy Policy
Effective date: 2018-05-10
DeepH Privacy Policy
(1) Introduction and summary
(2) Definitions
(3) General provisions
3.1. Grounds for processing
3.2. Conditions for consent
3.3. Processing of special categories of personal data
3.4. Processing which does not require identification
3.5. International data transfers
3.6. Scientific research and statistics
(4) Your rights
4.1. Right to be informed
4.2. Right of access
4.3. Right to rectification
4.4. Right to erasure
4.5. Right to restriction of processing
4.6. Notification obligation regarding rectification or erasure of personal data or restriction of
processing
4.7. Right to data portability
4.8. Right to object
4.9. Automated individual decision-making, including profiling
5) What, Why, and How we process
5.1. Local storage
5.2. Analytics data
5.3. Your account information
5.4. Health, fitness and lifestyle data
(1) Introduction and summary
- We are DH Platform SIA (henceforth also referred to as "DeepH"), a private limited liability company
registered in Latvian commercial registry under code 40203249475 and having our registered office at
Brivibas 140-8, Riga, Latvia LV-1012.
- Your use of our Services is subject to your acceptance of our Terms of Service and this Privacy Policy. If you disagree with any provisions of either document, you must not use our Services.
- We shall only process your personal data if:
- you have given us consent to do so for one or more specific purposes; you may withdraw your
consent at any time;
- it is necessary for the performance of our contractual obligations towards you;
the law requires us to do so; or
- we have a legitimate interest to do so. This includes processing your data for scientific research
purposes, statistical purposes and direct marketing purposes, all of which are subject to
additional safeguards.
- We will let you know what kinds of data we process about you, and for what purposes and how we
process it. This policy will also explain what are your specific rights regarding to your personal data,
and how you can exercise those rights. For more information, refer to Article (5) of this policy.
- If you have any questions or complaints about this policy or the ways in which we process your
personal data, you can contact our Data Protection Officer by email dpo@deeph.io.
(2) Definitions
- (1) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data
subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular
by reference to an identifier such as a name, an identification number, location data, an online
identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic,
cultural or social identity of that natural person;
‘your personal data’ means personal data relating to you; - (2) ‘processing’ means any operation or set of operations which is performed on personal data or on
sets of personal data, whether or not by automated means, such as collection, recording, organisation,
structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination, restriction, erasure or
destruction;
- (3) ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their
processing in the future;
- (4) ‘profiling’ means any form of automated processing of personal data consisting of the use of
personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse
or predict aspects concerning that natural person's performance at work, economic situation, health,
personal preferences, interests, reliability, behaviour, location or movements;
- (5) ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data
can no longer be attributed to a specific data subject without the use of additional information,
provided that such additional information is kept separately and is subject to technical and
organisational measures to ensure that the personal data are not attributed to an identified or
identifiable natural person;
- (6) ‘filing system’ means any structured set of personal data which are accessible according to specific
criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
- (7) ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or
jointly with others, determines the purposes and means of the processing of personal data; where the
purposes and means of such processing are determined by Union or Member State law, the controller
or the specific criteria for its nomination may be provided for by Union or Member State law;
- (8) ‘processor’ means a natural or legal person, public authority, agency or other body which processes
personal data on behalf of the controller;
- (9) ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the
personal data are disclosed, whether a third party or not. However, public authorities which may
receive personal data in the framework of a particular inquiry in accordance with Union or Member
State law shall not be regarded as recipients; the processing of those data by those public authorities
shall be in compliance with the applicable data protection rules according to the purposes of the
processing;
- (10) ‘third party’ means a natural or legal person, public authority, agency or body other than the data
subject, controller, processor and persons who, under the direct authority of the controller or
processor, are authorised to process personal data;
- (11) ‘consent’ of the data subject means any freely given, specific, informed and unambiguous
indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative
action, signifies agreement to the processing of personal data relating to him or her;
- (12) ‘personal data breach’ 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;
- (13) ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a
natural person which give unique information about the physiology or the health of that natural
person and which result, in particular, from an analysis of a biological sample from the natural person
in question;
- (14) ‘biometric data’ means personal data resulting from specific technical processing relating to the
physical, physiological or behavioural characteristics of a natural person, which allow or confirm the
unique identification of that natural person, such as facial images or dactyloscopic data;
- (15) ‘data concerning health’ means personal data related to the physical or mental health of a natural
person, including the provision of health care services, which reveal information about his or her
health status;
- (16) ‘main establishment’ means:
- (a) as regards a controller with establishments in more than one Member State, the place of its
central administration in the Union, unless the decisions on the purposes and means of the
processing of personal data are taken in another establishment of the controller in the Union and
the latter establishment has the power to have such decisions implemented, in which case the
establishment having taken such decisions is to be considered to be the main establishment;
- (b) as regards a processor with establishments in more than one Member State, the place of its
central administration in the Union, or, if the processor has no central administration in the
Union, the establishment of the processor in the Union where the main processing activities in the
context of the activities of an establishment of the processor take place to the extent that the
processor is subject to specific obligations under this Regulation;
- (a) as regards a controller with establishments in more than one Member State, the place of its
central administration in the Union, unless the decisions on the purposes and means of the
processing of personal data are taken in another establishment of the controller in the Union and
the latter establishment has the power to have such decisions implemented, in which case the
establishment having taken such decisions is to be considered to be the main establishment;
- (a) the controller or processor is established on the territory of the Member State of that
supervisory authority;
- (b) data subjects residing in the Member State of that supervisory authority are substantially
affected or likely to be substantially affected by the processing; or
- (c) a complaint has been lodged with that supervisory authority;
- (a) processing of personal data which takes place in the context of the activities of establishments
in more than one Member State of a controller or processor in the Union where the controller or
processor is established in more than one Member State; or
- (b) processing of personal data which takes place in the context of the activities of a single
establishment of a controller or processor in the Union but which substantially affects or is likely
to substantially affect data subjects in more than one Member State.
(3) General provisions
3.1. Grounds for processingWe shall only process your personal data if and to the extent that at least one of the following applies:
- (a) you have given consent to the processing of your personal data for one or more specific purposes;
- (b) processing is necessary for the performance of a contract to which you are party or in order to take
steps at your request prior to entering into a contract;
- (c) processing is necessary for compliance with a legal obligation to which we are subject;
- (d) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data, in particular where you are a child. Note that our legitimate interests include processing your data for scientific research purposes and statistical purposes, and for direct marketing purposes. These special cases are covered in Articles 3.6 and 4.8 of this Policy.
- When we request your consent in the context of a written declaration which also concerns other
matters, the request for consent shall be presented in a manner which is clearly distinguishable from
the other matters.
- You shall have the right to withdraw your consent at any time. The withdrawal of consent shall not
affect the lawfulness of processing based on consent before its withdrawal. It shall be as easy to
withdraw as to give consent.
- If you are a child younger than 16 years, then the consent must be given or authorised by the holder of
parental responsibility over you, and we shall make reasonable efforts to verify the identity of the
person giving or authorising the consent.
Note also that this shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child.
- We shall not process personal data revealing your racial or ethnic origin, political opinions, religious or
philosophical beliefs, or trade union membership, your genetic data, your biometric data for the
purpose of uniquely identifying you, or data concerning your health, sex life or sexual orientation.
- Paragraph 1 shall not apply if one of the following applies:
- (a) you have given us explicit consent to the processing of those personal data for one or more
specified purposes;
- (b) processing relates to personal data which you have manifestly made public; or
- (c) processing is necessary for the establishment, exercise or defence of legal claims.
- (a) you have given us explicit consent to the processing of those personal data for one or more
specified purposes;
Where we can to demonstrate that we are not or no longer in a position to identify the data subject, Articles
4.2 to 4.7 shall not apply except where you, for the purpose of exercising your rights under those articles,
provide additional information enabling your identification.
- We may transfer your personal data to a controller, processor or recipient in a third country or an
international organisation where the Commission has decided, by means of implementing act, that the
third country, a territory or one or more specified sectors within that third country, or the international
organisation in question ensures an adequate level of protection.
- We may also transfer your personal data to a third country or international organisation subject to
appropriate safeguards, such as
- (a) binding corporate rules approved by the competent supervisory authority;
- (b) standard data protection clauses adopted by the Commission; or
- (c) contractual clauses between us and the controller, processor or recipient, if authorised by the
competent supervisory authority.
- (a) binding corporate rules approved by the competent supervisory authority;
- We shall only recognise any judgment of court or tribunal or any decision of an administrative
authority of a third country requiring us to transfer or disclose personal data if such judgment or
decision is based on an international agreement, such as a mutual legal assistance treaty, in force
between the requesting third country and the Union or a Member State, without prejudice to other
grounds for transfer pursuant to this Chapter.
- In the absence of an adequacy decision pursuant to paragraph 1 or appropriate safeguards pursuant
to paragraph 2, a transfer or a set of transfers of your personal data to a third country or an
interational organisation shall take place only on one of the following conditions:
- (a) you have explicitly consented to the proposed transfer, after having been informed of the
possible risks of such transfers for you due to the absence of an adequacy decision and
appropriate safeguards;
- (b) the transfer is necessary for the performance of a contract between you and us or the
implementation of pre-contractual measures taken at your request;
- (c) the transfer is necessary for the conclusion or performance of a contract concluded in your
interest between us and another natural or legal person; or
- (d) the transfer is necessary for the establishment, exercise or defence of legal claims.
- (a) you have explicitly consented to the proposed transfer, after having been informed of the
possible risks of such transfers for you due to the absence of an adequacy decision and
appropriate safeguards;
- Where a transfer could not be based on a paragraphs 1 to 4, a transfer of personal data to a third
country or an international organisation may take place only if the transfer is not repetitive, concerns
only a limited number of data subjects, is necessary for the purposes of compelling legitimate interests
pursued by us which are not overridden by the interests or rights and freedoms of the data subjects,
and we have assessed all the circumstances surrounding the data transfer and have on the basis of
that assessment provided suitable safeguards with regard to the protection of personal data. We shall
inform the supervisory authority of the transfer. We shall, in addition to providing the information
referred to in Article 4.1, inform you of the transfer and on the compelling legitimate interests pursued.
Processing for scientific research purposes or statistical purposes shall be subject to appropriate safeguards
for your rights and freedoms. Those safeguards shall ensure that technical and organisational measures are
in place in particular in order to ensure respect for the principle of data minimisation. Those measures may
include pseudonymisation provided that those purposes can be fulfilled in that manner. Where those
purposes can be fulfilled by further processing which does not permit or no longer permits the
identification of data subjects, those purposes shall be fulfilled in that manner.
(4) Your rights
4.1. Right to be informed- Where we collect or obtain your personal data, we shall provide you with all of the following
information:
- (a) our identity and contact details;
- (b) the contact details of our data protection officer, where applicable;
- (c) the purposes of the processing for which the personal data are intended as well as the legal
basis for the processing;
- (d) where the processing is based on the legitimate interests pursued by us or by a third party,
these legitimate interests;
- (e) the recipients or categories of recipients of the personal data, if any;
- (f) where applicable, the fact that we intend to transfer personal data to a third country or
international organisation and the existence or absence of an adequacy decision by the
Commission, or in the case of transfers subject to appropriate safeguards, a reference to such
safeguards and the means by which to obtain a copy of them or where they have been made
available;
- (g) the categories of personal data obtained from sources other than you.
- (a) our identity and contact details;
- In addition to the information referred to in paragraph 1, we shall provide you with the following
further information necessary to ensure fair and transparent processing:
- (a) the period for which the personal data will be stored, or if that is not possible, the criteria used
to determine that period;
- (b) the existence of the right to request from us access to and rectification or erasure of personal
data or restriction of processing concerning the data subject or to object to processing as well as
the right to data portability;
- (c) where the processing is based on consent, the existence of the right to withdraw consent at
any time, without affecting the lawfulness of processing based on consent before its withdrawal;
- (d) the right to lodge a complaint with a supervisory authority;
- (e) whether the provision of personal data is a statutory or contractual requirement, or a
requirement necessary to enter into a contract, as well as whether you are obliged to provide the
personal data and of the possible consequences of failure to provide such data;
- (f) the existence of automated decision-making, including profiling, and, in those cases,
meaningful information about the logic involved, as well as the significance and the envisaged
consequences of such processing for you;
- (g) unless we collected the data from you, the sources from which it did originate and whether the
sources were publicly accessible.
- (a) the period for which the personal data will be stored, or if that is not possible, the criteria used
to determine that period;
- If we collect the data from you, then we shall provide the information referred to in paragraphs 1 and 2
latest at the time when we obtain the data. Otherwise, we do it:
- (a) within a reasonable period after obtaining the personal data, but at the latest within one
month, having regard to the specific circumstances in which the personal data are processed;
- (b) if the personal data are to be used for communication with the data subject, at the latest at the
time of the first communication to that data subject; or
- (c) if a disclosure to another recipient is envisaged, at the latest when the personal data are first
disclosed.
- (a) within a reasonable period after obtaining the personal data, but at the latest within one
month, having regard to the specific circumstances in which the personal data are processed;
-
Where we intend to further process the personal data for a purpose other than that for which the personal data were collected, we shall provide you prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.
- Paragraphs 1 to 4 shall not apply where and insofar as:
- (a) you already have the information;
- (b) the provision of such information proves impossible or would involve a disproportionate
effort. In such cases we shall take appropriate measures to protect your rights and freedoms and
legitimate interests, including making the information publicly available;
- (c) obtaining or disclosure is expressly laid down by Union or Member State law to which we are
subject and which provides appropriate measures to protect your legitimate interests; or
- (d) where the personal data must remain confidential subject to an obligation of professional
secrecy regulated by Union or Member State law, including a statutory obligation of secrecy.
- (a) you already have the information;
- You shall have the right to obtain from us confirmation as to whether or not personal data concerning
you are being processed, and, where that is the case, access to the personal data and the following
information:
- (a) the purposes of the processing;
- (b) the categories of personal data concerned;
- (c) the recipients or categories of recipients to whom the personal data have been or will be
disclosed, in particular recipients in third countries or international organisations;
- (d) where possible, the envisaged period for which the personal data will be stored, or, if not
possible, the criteria used to determine that period;
- (e) the existence of the right to request from us rectification or erasure of personal data or
restriction of processing of personal data concerning the data subject or to object to such
processing;
- (f) the right to lodge a complaint with a supervisory authority;
- (g) where the personal data are not collected from you, any available information as to their
source;
- (h) the existence of automated decision-making, including profiling, and, in those cases,
information about the logic involved, as well as the significance and the envisaged consequences
of such processing for you.
- (a) the purposes of the processing;
Where personal data are transferred to a third country or to an international organisation, you shall have the right to be informed of the appropriate safeguards relating to the transfer.
- If requested, we shall provide you a copy of your personal data undergoing processing, as long as
doing so shall not adversely affect the rights and freedoms of others. For any further copies, we may
charge a reasonable fee based on administrative costs.
You shall have the right to obtain from us without undue delay the rectification of inaccurate personal data
concerning you. Taking into account the purposes of the processing, you shall have the right to have
incomplete personal data completed, including by means of providing a supplementary statement.
- You shall have the right to obtain from us the erasure of your personal data without undue delay and
we shall have the obligation to erase personal data without undue delay where one of the following
grounds applies:
- (a) the personal data are no longer necessary in relation to the purposes for which they were
collected or otherwise processed;
- (b) you withdraw consent on which the processing is based, and where there is no other legal
ground for the processing;
- (c) you object to the processing pursuant to Article 4.8(1) and there are no overriding legitimate
grounds for the processing, or you object to the processing pursuant to Article 4.8(2);
- (d) the personal data have been unlawfully processed;
- (e) the personal data have to be erased for compliance with a legal obligation in Union or Member
State law to which we are subject;
- (f) the personal data have been collected in relation to the offer of information society services
directly to a child.
- (a) the personal data are no longer necessary in relation to the purposes for which they were
collected or otherwise processed;
- Where we have made the personal data public and are obliged pursuant to paragraph 1 to erase the
personal data, we, taking account of available technology and the cost of implementation, shall take
reasonable steps, including technical measures, to inform other controllers which are processing the
personal data that you have requested the erasure by such controllers of any links to, or copy or
replication of, those personal data.
- Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
- (a) for exercising the right of freedom of expression and information;
- (b) for compliance with a legal obligation which requires processing by Union or Member State law
to which we are subject;
- (c) for scientific research purposes or statistical purposes in so far as the right referred to in
paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of
that processing; or
- (d) for the establishment, exercise or defence of legal claims.
- (a) for exercising the right of freedom of expression and information;
- You shall have the right to obtain from us restriction of processing where one of the following applies:
- (a) you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of
the personal data;
- (b) the processing is unlawful and you oppose the erasure of the personal data and request the
restriction of their use instead;
- (c) we no longer need the personal data for the purposes of the processing, but you require them
for the establishment, exercise or defence of legal claims;
- (d) you have objected to processing pursuant to Article 4.8(1) pending the verification whether our
legitimate grounds override those of you.
- (a) you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of
the personal data;
Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person.
- If you have obtained restriction of processing pursuant to paragraph 1, we shall inform you before the
restriction of processing is lifted.
We shall communicate any rectification or erasure of personal data or restriction of processing carried out
in accordance with Article 4.3, Article 4.4(1) and Article 4.5 to each recipient to whom the personal data have
been disclosed, unless this proves impossible or involves disproportionate effort. We shall inform you about
those recipients if you request it.
- You shall have the right to receive your personal data, which you have provided to us, in a structured,
commonly used and machine-readable format and have the right to transmit those data to another
controller without hindrance from us, where:
- (a) the processing is based on consent or on a contract;
- (b) the processing is carried out by automated means; and
- (c) doing so shall not adversely affect the rights and freedoms of others.
- (a) the processing is based on consent or on a contract;
- In exercising your right to data portability pursuant to paragraph 1, you shall have the right to have the
personal data transmitted directly from us to another controller, where technically feasible.
- The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article
4.4.
- You shall have the right to object, on grounds relating to your particular situation, at any time to
processing of your personal data which is based on the legitimate interests pursued by us or by a third
party, including profiling based on those provisions. We shall no longer process the personal data
unless we demonstrate compelling legitimate grounds for the processing which override your
interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
- Where personal data are processed for direct marketing purposes, you shall have the right to object at
any time to processing of your personal data for such marketing, which includes profiling to the extent
that it is related to such direct marketing.
- Where you object to processing for direct marketing purposes, we shall no longer process your
personal data for such purposes.
- At the latest at the time of the first communication with you, we shall explicitly bring the right referred
to in paragraphs 1 and 2 to your attention, presenting it clearly and separately from any other
information.
- In the context of the use of information society services, and notwithstanding Directive 2002/58/EC,
you may exercise your right to object by automated means using technical specifications.
- Where personal data are processed for scientific research purposes or statistical purposes, you, on
grounds relating to your particular situation, shall have the right to object to processing of personal
data concerning you.
- You shall have the right not to be subject to a decision based solely on automated processing,
including profiling, which produces legal effects concerning you or similarly significantly affects you.
- Paragraph 1 shall not apply if the decision:
- (a) is necessary for entering into, or performance of, a contract between you and us;
- (b) is authorised by Union or Member State law to which we are subject and which also lays down
suitable measures to safeguard your rights and freedoms and legitimate interests; or
- (c) is based on your explicit consent.
- (a) is necessary for entering into, or performance of, a contract between you and us;
- In the cases referred to in points (a) and (c) of paragraph 2, we shall implement suitable measures to
safeguard your rights and freedoms and legitimate interests, at least the right to obtain human
intervention on our part, to express your point of view and to contest the decision.
- Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred
to in Article 3.3(1), unless point (a) of Article 3.3(2) applies and suitable measures to safeguard your
rights and freedoms and legitimate interests are in place.
(5) What, Why, and How we process
We process the following data on the grounds of our legitimate interest of providing you with a useful
service and improving the quality thereof.
We use cookies and other local storage technologies to identify your device and store data in your device.
This is necessary to enable your device to automatically log in to DeepH service and/or remember your
preferences and other similar information. You can delete or clear these any time you want your device to
forget the aforementioned data.
We use analytics cookies, server logs and other usage monitoring data to gain insight into the usage of our
services, to identify possible problems that our users may run into and to acquire data to fix these in order
to provide a better service to you and other users.
Some of this data will be processed on our behalf by third-party processors. Where we use Google Analytics,
such processor is Google LLC (or one or more of its subsidiaries), and part of the processing may take place
outside the EU. Google LLC is operating under the EU-U.S. Privacy Shield framework.
We collect, store and process information that you provide us in order to provide you a tailor-made service. We use your e-mail address and name to identify and greet you. We use your age and gender to provide you information and insights specific or relevant to your age and gender group. We also use your e-mail address to send you
- (a) information about our services, such as upcoming changes or improvements, and
- (b) one or more newsletters that you can freely subscribe to and unsubscribe from.
You can have your personal account information to be removed from our active databases at any time by contacting DeepH support. In such case your account data will still exist for 60 days in non-active database backups after which it will be completely removed from our possession.
We collect, store and process your health, fitness and lifestyle data from two types of sources:
- The data you provide us by inserting it manually (e.g. your weight and smoking habits);
- The data collected from 3rd party services with your explicit consent (e.g. from Apple Health, Google
Fit, Fitbit).
At any time, you can have us remove the link between your personal data and your health and fitness data.
Personally unidentifiable health and fitness data will then be kept in our records for data analysis, e.g. for
calculating averages of the age and gender groups, but as soon as we remove your personal account
information from our records this health and fitness data will become anonymous and we will no longer be
able to trace any of it back to you.
From time to time there may be cases where we may offer you additional services that would require us to share your personal account data and/or personally identifiable health and fitness data with 3rd parties. In such cases we will always ask your explicit consent before sharing any such data.