Privacy policy

Who we are

Welcome to Medical solutions LLC with its registered in Lviv, 35B Nekrasova st. Ukraine zip 79000 ("Medical Solutions", “we”, “us”, “our”). Medical solutions LLC is a Ukrainian company entered into the Register of Entrepreneurs of the Ukraine, with tax identification number (NIP): 43470707

Medical solutions LLC owns the website under the domain mark.health (the “Website”). Through the Website, as well as through a mobile application available in certain application markets for different mobile devices (the “App”), we provide services (the “Service”) described explicitly and comprehensively in the “Medical Solutions” Terms of Service available at https://mark.health/terms-of-service or in mobile apps. Medical Solutions acts as the controller of any personal data collected and processed in connection with use of the Website and the App.

All our activities connected with the Website or the App comply with the applicable data protection legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC ("GDPR").

The main goal of this privacy policy is to inform you how and for what purpose we process personal data in connection with your visit to, and use of, the Website and the App.

Why we collect and process data

We collect and process your data to ensure and improve the functioning of the Website and the App. We collect and process your personal data, (i.e. information that identifies, or at least makes it possible to identify, you as a natural person) when you voluntarily decide to actively communicate with us, or decide to leave us your feedback regarding our Service. Furthermore, we collect and process certain technical data generated due to you visiting the Website or using the App, which may also be considered personal data. ‘Processing’ means any operation which is performed on personal data, such as collection, recording, organization, structuring, storage, adaptation, retrieval, any kind of disclosure, erasure or destruction, or other use.

In a situation when you are using the Website and/or the App on your own behalf, but in aid of a third party, remember to obtain appropriate authorization prior to providing this data.

What data we collect and process

We collect several different types of information for various purposes connected with providing and improving our Service. The types of information that we collect and process depend on the types of services we provide via the Website and the App. We collect and process your personal data:

  • when you contact us

  • when you decide to leave us your feedback

  • when you browse the Website or use the App

Your personal data is provided voluntarily, but without providing it we will not be able to realize what you expect from us, e.g. we will not be able to contact you.

Your data will be processed for as long as necessary to fulfil the purpose for which it was collected, or as long as is necessary or possible due to certain legal provisions regarding the processing of personal data.

1. Contact:

When you ask us to contact you, we will collect and process the following personal data:

  • e-mail address,

  • name and surname, if you provided them voluntarily.

Where your personal data is collected and processed for contact purposes, the legal basis is your voluntary consent (legal basis under Article 6(1)(a) of the GDPR).

Data will be processed until the purpose of contact is achieved or until consent is withdrawn, in any case for no more than three years from the last action performed.

2. Feedback:

If you decide to provide us with feedback on the quality of our Services, we may process only the data that you decide to provide us with. However, provision of personal data that enables identifying you is not required for providing feedback.

You can provide us with your contact data in order to enable us to respond to your feedback.

In this case, your personal data are collected and processed for feedback purposes, and the legal basis is your voluntary consent (legal basis under Article 6(1)(a) of the GDPR). Data will be processed until consent is withdrawn, in any case for no more than three years from the last action performed.

3. Security:

When you browse our Website and use the Services, we collect and process your IP address and other technological data derived from logs which may be considered a piece of personal data - for security purposes only. We do not process such data in order to identify you as a natural person, but only to increase the level of security of the Website and the App in order to be able to react - for example - to the activity of automatic mechanisms.

In such a case, your personal data is collected and processed for the purposes related to ensuring security of functioning of the Website and the App, and the legal ground for processing is legitimate interest (legal ground under Article 6(1)(f) of GDPR) understood as a necessity to ensure the secure use of the Application and our Services.

Data will be processed for no longer than 30 days after the date of its collection.

4. Marketing:

Additionally, we take advantage of marketing services in order to analyze your behavior for the purposes of optimizing the functioning of the Website and the App, as well as for the purposes of optimizing our advertising activities. In particular, we take advantage of technologies such as Facebook Pixel, Google Analytics.

In such a case the data is collected and processed for marketing purposes, and the legal grounds for processing is legitimate interest (legal ground under Article 6(1)(f) of GDPR) understood as the desire to reach as many users and customers as possible, to promote our Application and Services and thereby develop our business.

Data will be processed for as long as the services are provided, until an objection is submitted or until a change is made to the settings of your browser or in your Facebook or Google profile.

5. Medical interview:

When you are using Services through the Website and the App, we collect certain information regarding health conditions, as well as other information that may be helpful for correct provision of Services, e.g. regarding sex, age, individual risk factor, region of residence, or everyday behavior.

Such information regarding health is not combined with information that makes it possible for us to identify the person regarded by the medical history. Such information is combined with a unique identifier in order to obtain insight into statistical data allowing us to improve our Services. In view of the fact that we may potentially combine the IP address with the medical history for a period of 30 days, this data may be of personal nature during that period.

In such a case, data is collected and processed for the purposes related to provision of the Services through the Application, and the legal grounds for processing is your voluntary consent and intent to take advantage of the solutions provided (legal grounds under Article 9(2)(a) of GDPR).

6. Analytics:

When you use the Application or our Services, we may perform analytics on your actions in order to improve both the Services and the Application itself, so that you receive a better user experience. Analytics is done for two purposes and on the following legal bases:

a) we analyze the data collected during your use of the Services, the Website and the Application in order to improve our services and products, and the legal basis is our legitimate interest (legal basis in Article 6(1)(f) of GDPR) understood as the need to provide services and products of the highest quality, corresponding to the needs of users, to develop software functionality, to improve its accuracy and correctness;

b) we also analyze the data collected during your use of the Application in order to ensure high quality and safety standards for medical products or medical devices (legal basis: Article 9(2)(i) of GDPR in connection with Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC as regards health data, and as regards other data Article 6(1)(f) of GDPR, i.e. our legitimate legal interest, understood as the need to ensure high standards of quality and safety of medical devices).

Data will be processed until:

  • you raise an objection or change your browser settings,

  • the data is of personal nature,

  • the analysis is carried out and the purpose is achieved,

whichever comes first.

7. Protection against claims and recovery of claims:

We may process your personal data in order to assert or defend against possible claims related to the contact or processing of your personal data and the processing is based on a legitimate interest (Article 6(1)(f) GDPR), understood as the possibility to assert or defend against claims.

The data will be processed until the statute of limitations for the respective claims has expired.

What we can do with your data

We work with some third parties and they may have access to some of the information about you that we collect and process. The recipients of your personal data may include:

  1. entities authorized by law on the basis of a proper request (courts, state authorities);

  2. entities providing accounting, IT, marketing, communication, analytical and legal services, including HubSpot, Google, Facebook;

  3. subcontractors with whom we cooperate.

Your information, including personal data, may also be transferred to — and maintained on — computers located outside of the European Economic Area, where the data protection laws may differ from the GDPR.

If we provide the personal data beyond the European Economic Area, and in particular to any third countries, such provision will take place on the basis of appropriate legal mechanisms, such as Executive Decisions of the Commission (EU), standard contractual clauses applicable, or other similar legal instruments specified in the content of GDPR. In addition, we follow the Post Schrems II recommendations adopted by the European Data Protection Board.

To ensure that you have adequate control over your personal data transferred outside the European Economic Area, you will have the right to obtain a copy of your personal data transferred to third countries at any time.

Your rights concerning data

You have the following rights under the GDPR:

  1. The right to request access to your data and to receive a copy of your data: whenever possible, you can access, update or request deletion of your personal data;

  2. The right to rectify (correct) your data: you have the right to have your information rectified if that information is inaccurate or incomplete;

  3. The right to erasure: you have a right to erasure regarding data that are no longer required for the original purposes or that are processed unlawfully;

  4. The right to data portability: you have the right to be provided with a copy of the information we have regarding you in a structured, machine-readable and commonly used format;

  5. The right to object: you have the right to object to our processing of your personal data – upon your justified objection we will cease any further processing under Article 6(1)(f) of the GDPR;

  6. The right to withdraw consent: you also have the right to withdraw your consent at any time where we relied on your voluntary consent to process your personal information;

  7. The right to lodge a complaint with the competent supervisory authority - about our collection and use of your personal data.

In order to exercise your rights described above, you may send appropriate requests to the following e-mail address: support@mark.health, send them to our correspondence address given above, or submit them in person at our registered office. Bear in mind that, prior to responding to your request regarding the exercising of your rights, we may ask you for a proof of your identity. If you want to withdraw your consent to data processing, you can also click on the hyperlink entitled "unsubscribe" in the content of the e-mail correspondence. Withdrawal of your consent to data processing has no impact on legality of data processing that had taken place under the consent granted prior to the effective withdrawal thereof.

Automated Decision Making

You use the Application thanks to our intelligent algorithm, which carefully analyzes your answers given in the interview, so you can learn the possible causes of your symptoms. This analysis is done automatically, based on the information you provide and, as a result, the tool can suggest your potential health condition. This process is referred to as "profiling" and its use if it concerns personal data is regulated by law (Article 22 of GDPR). This analysis is the essence of the service and must be carried out for you to receive an interview result. In addition, we also analyze the way in which you use the Application - thanks to this we can improve the quality of our solution and make the medical device not only safer but also more friendly and effective. The data and results of the analyses performed are not used for marketing purposes.

The analysis performed, although it may be considered as profiling in nature, does not produce any legal effects on you or similarly significantly affect you.

Security

The security of your data is a very important issue for us. We strive to conscientiously and perpetually protect your personal data from loss, destruction, distortion/falsification, manipulation and unauthorized access or unauthorized disclosure through appropriate technical and organizational measures adopted at our company.

However, please always keep in mind that no method of transmission over the Internet or method of electronic storage is 100% secure. Due to the inherent nature of the Internet, we cannot guarantee that, during transmission over the Internet, or while stored on our system, or otherwise in our care, information will be safe from any intrusion by third parties, such as hackers.

Cookies

We use cookies to track your activity on our Website and in the App, and we hold certain information obtained from such tracking.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from our Website and the App, and stored on your device. They are used to collect and track information, and to improve and analyze our services rendered through our Website and the App.

Detailed information can be found in our Cookies Policy. 

Social media plug-ins, online marketing services and services rendered by third parties

a. Online marketing services

Based on legitimate interest, being the analysis, optimization and economic operation of our activities, as well as the analysis of your behavior in order to optimize our Website and advertising, we use the following online marketing services:

  • Facebook Pixel:

On our Website, we use a marketing tool available through and provided by Facebook Inc., 1601 S. California Ave. Palo Alto, CA 94304, USA, which is the Facebook Pixel. The Facebook Pixel is a source code fragment added to our Website.

This tool makes it possible to track your behavior and activity when you are redirected to our Website having seen or clicked on a Facebook ad. This process is designed to evaluate the effectiveness of Facebook and our advertisements for statistical and market research purposes, and may help to optimize future advertising efforts. Information gathered using this tool allows Facebook to provide you with personalized ads when using Facebook.

When you visit our Website, the Facebook Pixel establishes a direct connection with Facebook servers. Facebook is therefore informed that you visited our Website and may assign this information to your Facebook account.

The data collected using the Facebook Pixel tool is anonymous with respect to us and cannot be used to identify you. The data is, however, stored and processed by Facebook, and this means that they can be linked to the respective Facebook account, and Facebook can use the data for its own advertising purposes, according to the Facebook privacy policy and the Facebook user’s profile settings. Facebook has ultimate control of any data gathered through this tool. However, you can opt out of Facebook’s use of the Facebook Pixel by adjusting the settings available on your Facebook account.

Detailed information on the Facebook Pixel and the way your data is collected and processed can be found here: https://www.facebook.com/policy.php.

  • Google Analytics:

Our Website uses Google Analytics, a web analysis program of Google Ireland Ltd. (Gordon House, 4 Barrow Street, Dublin, Ireland). Google Analytics uses cookies that are stored on your terminal device as well as your IP address, with an active IP anonymization feature. On our behalf, Google uses such information to analyze your use of our Website and provides us with reports and other services. The IP address transmitted from your terminal device to Google Analytics will not be merged with any other data of Google. Google will transfer your data to third parties only if permitted by applicable law or in accordance with outsourced data processing agreements.

You can prevent the collection and processing of information generated by the Google cookie by placing an opt-out cookie or deactivating Google Analytics in the menu of your terminal device. More information can be found here: https://policies.google.com/privacy.

  • Full Story:

We use analytics software and services offered by FullStory, Inc. to collect information regarding your behavior on our Website. For more information about FullStory, please see the FullStory privacy policy available at https://www.fullstory.com/legal/privacy/. You can opt out of FullStory’s collection and processing of data generated by your use of our Website by going to https://www.fullstory.com/optout/.

 

b. Services rendered by third parties:

Our Website uses a promotional video provided by YouTube LLC 901 Cherry Ave., 94066 San Bruno, CA, USA), a company owned by Google Ireland Ltd. (Gordon House, 4 Barrow Street, Dublin, Ireland). If you decide to launch the video, the website provided by YouTube will pop up. If you are logged onto your YouTube account, YouTube will be able to combine your behavior with the other data you provide to YouTube. YouTube videos provide a better understanding of our services. For more information on this subject, go to the Google privacy policy available here: https://policies.google.com/privacy.

  • reCAPTCHA Enterprise:

mark.health uses reCAPTCHA Enterprise provided by Google Ireland Ltd. (Gordon House, 4 Barrow Street, Dublin, Ireland). This tool helps protect the Website, the Application as well as the Services from fraud, spam and abuse. It works by collecting hardware and software information, such as device and application data, and sending that data to Google for analysis. The information collected in connection with our use of reCAPTCHA Enterprise will not be used for personalized advertising by Google. More information in this regard is available in Google's privacy policy available here: https://policies.google.com/privacy.

Certain services offered to you through the Website contain links to websites hosted and operated by companies other than us, in particular social media providers and mobile apps, as well as voice assistant technology providers. We do not share your personal information with these third parties, but you should be aware that any information you disclose to these third parties once you access their websites is not subject to this Privacy Policy.

Amendments

We may revise this privacy policy from time to time. The most recent version of the privacy policy will govern our use of your personal data and other information we process, and will be posted on the Website. By continuing to access or use the Website and the services we render through it, once those changes take effect, you agree to be bound by the revised privacy policy. If you do not agree, you must cease using our Website immediately.

Contact

You can reach us:

  • via e-mail: support@mark.health

  • by writing to our registered office:  Medical solutions LLC, 35B Nekrasova st., Lviv,  Ukraine. ZIP 79000

 

Data Protection Officer (DPO)

Bearing in mind the security and transparency of the data processing procedures and the necessity of maintaining continuous supervision over them, we have appointed a Data Protection Officer (DPO).

You can contact the DPO appointed using the support@mark.health e-mail address or using our postal address (please include the "Data Protection Officer" annotation).