Privacy policy

 

moveUP – PRIVACY POLICY AND PERSONAL DATA 

Version of October 2018 

 

GENERAL 

 

moveUP, (hereinafter <<we>, <<our>>, <<us>>), is an established SCRL located at Parvis Sainte-Gudule 5, 1000 Brussels, with company VAT number BE 0643.795.235. For any question regarding this statement, you can use the following e-mail address: info@moveUP.care. You can also contact us at the mailing address mentioned above.  

We attach great value and care to the protection of your privacy and personal data. 

This statement aims to explain: 

  • Who we are  

  • To whom we address to 

  • Which data we handle 

  • Why we process your personal data 

  • How we process your personal data 

  • How long we process your data 

  • To whom your personal data can be transmitted 

  • What your rights are 

  • How you can exercise your rights  

 

We also share all information that is made mandatory by the privacy act in Belgium, and its regulation 2016/679 from the European Parliament and Council dated 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46 / EC, hereinafter GDPR.  
 

We implement appropriate technical and organizational measures to ensure an appropriate level of security and to mitigate the risks of violation of your data, with regards to any new technological developments, implementation costs, the nature of the risks and the impact on your rights and fundamental freedoms. We use your data to provide and improve our services.  

By using our services, you agree with the terms of this Privacy Policy and the collection and use of your personal information. 

 

To whom does this statement apply? 

This statement is for people who:  

  • Surf on our website; 

  • Request information about our services; 

  • Use our apps, platforms and other services; 

  • Work with us, or work for the natural or legal persons who work for us; 

  • Work for one of our suppliers;  

  • Spontaneously share their personal data with us, for instance by sending unrequested application forms or when they submit their business card; 

  • {........................................................................} 

These persons to which we turn to, are referred here by << you >>. 

We inform you that your data will be used in accordance with this declaration and the provisions on the data protection act and private rights in Belgium. 

 

DEFINITIONS 

  

In this declaration, the following words and expressions are understood as follows: 

  

Declaration: the present privacy statement; 

  

General conditions of use: the present general conditions of use of moveUP that controls the use moveUP; 

  

Personal data: any information processed, relating to an identified or identifiable physical person in accordance with the present declaration, is described in the article "The processed data"; 

  

Data related to health: the data with personal character regarding the 

physical or mental health of a physical person; 

  

moveUP: the mobile application and, in general, the service of the information company on which we propose our services; 

  

Our professional care partners: the healthcare professionals who are connected to you via moveUP; 

  

Our services: all the services we provide on moveUP in the context of our professional activity or in the performance of our statutory purpose, as described in our general terms and conditions of use, in particular: a personalized rehabilitation program before and after your orthopedic surgery with a proposal of exercises that are adapted to your situation by means of videos, a personalized follow-up, figures and graphs of your progress as well as, if applicable, connecting with our professional care partners, etc .; 

  

Data controller: the legal entity that determines the efficiency and the processing means of the personal data in accordance with this declaration, namely we; 

  

Processing: all operations or parts of operations, whether or not carried out with the help of automated processes and applied to personal data, such as collection, registration, organization, storage, modification or modification, extraction, consultation the use, communication by transmission, dissemination or any other form of provision, connection or link, as well as the locking, erasure or destruction of personal data; in the present declaration the terms «processing», «process», «processed», etc. refer to this definition; 

  

DPO: the data privacy officer (DPO) is the person who monitors whether moveUP handles the data with a personal character correctly, according to the General Data Protection Regulation (GDPR). 

 

THE DATA CONTROLLER 

  

We are the data controller of the data with a personal character in the context of the services of moveUP in accordance with this declaration. In case of linking with one or more of our professional health partners, the latter can also be qualified as responsible for the specific processing of your data to which they will transfer. 

 

WHICH ARE THE DATA THAT WE PROCESS?  

By using moveUP, you agree that we collect and process the following data with a personal character, described according to the modalities and principles below:  

 

  • Identification data, such as: 

    • Your family name; 
    • Your first name; 
    • Your birthdate; 
    • Your birthplace; 
    • Your e-mail address; 
    • Your home address; 
    • Your electronical address; 
    • Your telephone number; 
    • Your gender; 
    • Your civil status; 
    • Your nationality;  
    • Your (automatically generated) password or pincode that was created through the account creation of moveUP 
    • Your photos and videos asked by moveUP in function of your revalidation 
    • Etc... 
    •  
  • Your data related to health, both objective as subjective, such as: 

  • Pre-surgery data  
    • Reference measurements 
    • Medical profile  
    • Co-morbidities 
    • Social profile 
    • Medication intake 
    • Reason / diagnose of operation 
    • Affected limb or body part 
    • Etc... 
  • Peri-operative data 
    • Type of implant 
    • Type of access route 
    • Type of anesthesia 
    • Duration of operation 
    • Surgical technique performed 
    • Potential complications 
    • Etc... 
  • Post-surgery data during hospital stay 
    • Duration of stay 
    • Discharge criteria 
    • Medication intake 
    • Etc... 
  • Post-operative data during revalidation with moveUP 
    • Physical activity measured with the wristband /pedometer / wearable 
    • Sleep data measured with the wristband 
    • Photos and videos of the applicable joint 
    • Data that you filled out in the relevant questionnaires regarding your: 
      • Painlevel and intensity; 
      • Mobility (rotation, stretching, bending, …); 
      • Daily activities; 
      • Recreational / sports activities; 
      • General welfare; 
      • Etc... 
  • (Financial) administrative data, such as: 
    • Payment data; 
    • Bank account number; 
    • Fractionated payment decision; 
    • Mutuality sticker; 
    • Riziv number; 
    • Household composition; 
    • Billing address; 
    • Etc... 

 

WHEN AND HOW DO WE COLLECT YOUR PERSONAL DATA? 

We collect your personal data through various channels:  

  • When you ask for information about possible inclusion;  

  • When you register to start with moveUP; 

  • When a physician or healthcare practitioner issues a request to start with moveUP; 

  • At the first use of our platform;  

  • During examinations, various tests and evaluations to complete your file; 

  • At your own initiative, through any clear positive acts, any expression of free will given, be it specific, informed and unequivocal, including email, SMS, verbal request by telephone, during a visit in our categories, or when you fill out our information application forms, at an event or training that we organize and with the presentation of your business card or in any other manner that you present your personal data; 

  • When your data is publicly disclosed or if you have yourself made them publicly available on the public media / social networks, in particular professional networks such as LinkedIn, Facebook, .... 

  • Etc... 

 

WHY DO WE PROCESS YOUR DATA? 

moveUP collects all the necessary personal data in view of providing the moveUP service. It is necessary to collect the data for the full completion of your data process. 

The information we collect is used to fulfill our legal and contractual obligations. This information also serves to improve our services that we offer to you, such as asking about your expectations of our service and our support. We may also use this information to conduct studies to improve our services.  

Our purposes are diverse, depending on the type of collected and processed data, such as: 

  • Creating your account and allowing you to access and manage it.  

  • To allow you to use and enjoy all of our services;  

  • To contact you quickly and answer your questions; 

  • To ensure technical and structural security of moveUP;  

  • To send you, including by email, information on about similar products and services we offer;  

  • Perform statistical analysis including the frequency of your visits to various sections of our website or our apps; 

  • To determine the region of the world where you are located, in order to display the most adequate information; 

  • For payments, process related information to allow a complete payment and also to fight against fraud. An irregular or abnormal use may also be subjected to a specific treatment; 

  • For compliance with the law, more specifically in cases of misuses of moveUP; 

  • To help us creating templates of user profiles allowing us to further customize our service;  

  • When necessary, give our healthcare professional practitioners partners in charge of your file to access your online profile to improve the quality of their services. 

  • We may be required to use your identification data (including your full name, home address, email address, phone number) to send you directly useful information about our products. 

  • If you do not wish to receive this information (or other processes), you can at any time oppose by sending an email to the following address: stop@moveup.care

  • We also keep all optional information you voluntarily provide, such as your interests or your feedback in relation to our apps, for the purpose of improving moveUP.  

  • The history of our written communications with you is also stored to help manage our relationship with you. 

Regarding the treatment of your data related to health, we treat your data for the following purposes: 

  • Maintain your medical records up to date and in accordance with the laws relating to medical records, to hospital and nurses’ records, and with the legislation about patient’s rights; 

  • To allow you to use and enjoy all of our services;  

  • To allow you to access the customized videos pertinent to your revalidation exercises; 

  • To allow you to access your progress data; 

  • To allow you to contact our healthcare professional practitioners partners and to appropriately transfer them your data related to health in order to adapt or improve your rehabilitation program; 

  • To allow us to create user profiles templates for further customization of our service;  

  • To allow us to conduct scientific, historical or statistical research; 

  • If applicable, we can grant access to healthcare professional practitioners’ partners in charge of your file to access your online profile in order to improve the quality of their services. 

 

Exceptionally and in compliance with the protection of personal data and privacy act, in force in Belgium, your data can be processed to meet secondary goals considered compatible with the primary goals we listed previously, and we can: 

  • "Anonymize" the data by removing identifiable items such as the name and email address, and aggregate data to be used as part of market research and other professional purposes.  

  • “Disclose” the data if required to (a) comply with applicable laws or comply with an order or injunction from the Courts, or (b) protect and defend our rights or those of moveUP users, without breaching the mandatory professional secrecy that links us to some of our users. 

HOW ARE OUR PROCESSES LEGITIMATE? 

Depending on the type of process, the processed data and people from whom we collect the data, we use and process personal data under different bases of lawfulness: 

 

  1. The processing of your data is mandatory to ensure we achieve and fulfill our legal obligations:  

As part of our venture, the law compels us to collect personal data, for instance it regarding the completion of the patient’s record. We keep your data for a period corresponding to the general principle of administrative use. 

The legal bases are:  

  • The Law of 22 August 2002, concerning patient rights, MB September 26th, 2002; 

  • The Law of 29 April 1999 on unconventional practices in the areas of medical art, the art of pharmacy, physiotherapy, the art of nursing and allied health professionals, MB June 14th 1999; 

  • The law on compulsory health care insurance and indemnity from July 14, 1994, BS 27 July 1994 (and its Royal-Ordinances); 

  • The Royal-Ordinance No. 78 from November 1967 concerning the practice healthcare professionals, MB November 14th, 1967; 

  • The Royal-Ordinance of May the 3rd 1999 determining the minimum general requirements applying to the medical records referred to in Article 15 of the Law on hospitals, coordinated on August 7th, 1987 which must be met. MB,, July 30th, 1999; 

  • The Order-royal of December 28th, 2006 which sets the minimum general conditions to which the nursing file, referred to in Article 17quater of the Law on hospitals, coordinated on August 7th 1987 must meet, MB, July 30th 2007; 

  • The Law on the protection of individuals with regard to the processing of personal data, article 186, 30 July 2018. 

 

  1. The data process is necessary for the realization of our contractual obligations or as part of our precontractual relations. The last is the case, namely when we process the data of persons with whom we cooperate or whom work for us. The processing of your data is necessary to the achievement of our legitimate interests, without affecting your basic rights.  

We can, with the exception of your data relating to health, if necessary, use your information to respond to our legitimate interests or those of third parties. We justify our secondary processes on that basis, to offer and promote our services and / or informative messages that match what you can reasonably expect from us in the context of our existing or potential relationship in the future. This legitimate interest also exists if we have to process and store your data to initiate, undertake or support legal action. 

 

WITH WHOM DO WE SHARE YOUR DATA?  

The data listed above are only accessible to the healthcare professional practitioners’ partners of our services to the strict necessary extent for the pursuance of their mission. These care partners and all employees are required to respect the confidentiality of all personal data. 

In addition, your data won’t be transmitted to a third party without your permission, with the exception of subcontractors (including our service provider <<cloud>> and our healthcare professional practitioners), who are strict necessary for the operation of our applications. They are selected with care and rigor with an eye on the execution of the services of moveUP. The mentioned subcontractors will only act on our instructions and on our behalf (except for our professional health partners, with the respect of their medical freedom). Our co-controllers, namely our professional health partners, act within the framework of respect for the medical secrecy and their medical freedom and in accordance with the conventions that bind us. They will take the necessary measures for the security and confidentiality of the processing of your data and will comply with this. Nevertheless, we reserve the right to release personal information at the request of an administrative or judicial authority or if we believe in good faith that such disclosure is required: 

  • To comply with applicable laws or regulations; 

  • To protect or defend our rights and interests in a lawsuit; 

  • If compelling circumstances justify this, to protect the personal safety of our users, our services or our public. 

The list of subcontractors to whom your data are shared, their field of activity, the purposes pursued and possibly the country in which the data is stored are available through moveUP: “info@moveup.care" or by our DPO: “sp@altalaw.be" . Finally, in the context of academic or scientific research, in the framework of scientific or statistical surveys, we can transfer certain data as long as these data have been made anonymous or have been pseudonymized. 

In all circumstances, we do not provide any personal data to third parties without your consent, except in the cases listed above.  

 

IN WHICH CONDITION DO WE AUTHORIZE TRANSFER OF YOUR DATA OUTSIDE THE EU? 

Transfers of data to a country outside the EU will be allowed only in the following instances:  

  • The European Commission issued a decision, granting an adequate and equivalent level of protection to that provided by European provision. Your personal data will be transferred on that basis; 

  • The transfer is covered by an adequate measure granting a level of protection equivalent to that provided by European law, such as in particular the Standard Clauses of the Commission; 

  • By your consent.  

 

HOW LONG DO WE PROCESS YOUR DATA? 

Your processed data that is processed in the context of moveUP is kept for: 

  • The duration of our contractual relationship. 

  • The period which is strictly necessary for the realization of our legal and contractual obligations or as part of the processing of your application. 

We also retain: 

  1. Your data related to health for 30 years, to ensure the good performance of your medical records and in accordance with the law of August 22nd 2002 on patients' rights, and the Royal Decree of May 3rd 1999 on the general medical record; 

  1. Accounting data regarding registration fees are kept for ten years, in accordance with the limitation period of ten years for this claim; 

  1. Other data are retained for the period necessary to meet our legitimate interests, since the risk in case of leakage doesn’t outweigh the exercise of your human rights. For instance, the profiles are stored up to 2 years; 

  1. In case of dispute, all data may be retained beyond the deadlines indicated above for the purpose of legal defenses. In this case, the storage of relevant data may be extended to the necessary extent for the management of litigation and to fence it.   

HOW DO WE ENSURE THE SAFETY OF YOUR DATA? 

We strive to optimally secure personal data against unauthorized use or leakage. For this, we use physical, organizational, technological, administrative and adequate measures such as, but not limited to: 

  • We use well known security and encryption methods to ensure the security of your data transmission.  

  • We limit access to the computer system, according to the strict needs of each members of our team in terms of his function. 

  • As soon as we can, we proceed to the anonymizing or pseudomizing of your data (depending on the purpose).  

  • We host your data on our servers that are protected by ad hoc security and certificates. 

  • We have implemented an internal policy of protection of privacy, and conventions that ensure the awareness of the confidentiality of your data.  

 

WHAT ARE YOUR RIGHTS? 

We pay particular attention to the rights you have as concerned individuals. We are at your service and invite you to contact our contact person at the following email address: “privacy@moveup.care” or via our generic contact address: “info@moveup.care" or by regular mail to our post address. We also appointed a DPO, who is accessible at the following e-mail address: sp@altalaw.be

You can exercise the following rights: 

  • Right of acces, information and rectification 

You can at any time request information about our processing, purposes, and categories of personal information we hold about you, the categories of recipients of the data (third countries or international organizations), the retention periods or criteria for determining these, your other rights, the other sources from your data and the existence of an automated decision-making process. 

You can also request that your data be corrected or supplemented, if it is incorrect or incomplete. When you exercise this right, you must specify the precise data you want to see corrected or completed. 

We will respond to your request as soon as possible, however, in the communication of this information, we are always obliged to consider the rights and freedoms of other data subject. 

  • Right to the limitation of the proces 

You have the right to request the limitation of the processing of your personal data when: 

  1. You question the accuracy of these data; 

  1. You are in the waiting period required for the assessment of the interests involved, before the exercise of the right to object to the processing of certain personal data; 

  1. The processing of your personal data would be illegitimate, but you nevertheless do not wish to exercise your right to erase this data; 

  1. We no longer need your personal data for the purposes set out in this declaration of data protection, but you need it as part of a lawsuit. 

  • Right to object 

You can oppose the processing of your personal data if your data is processed on the basis of our legitimate interests or on the basis of consent. To exercise this right, you can send an email to the following address: privacy@moveup.care. You can also click on " unsubscribe " that you will find in each e-mail you receive from us. 

  • Right to your data portability 

If your data is processed as part of our contractual obligations or consent, you have the right to ask that your personal data are transferred in the form in which we keep them or that they are transferred to another data controller designated by your care. 

To exercise this right, you must indicate it on the form that we make available on our website. You can also send an email to the following address: privacy@moveup.care.  

  • Right to delete data / right to oblivion 

In the cases provided by the GDPR or the law, we will proceed with the deletion of your personal data per request from you. In principle, you can exercise your rights for free. You can send us an email to the following address: privacy@moveup.care. At the latest in the month following the receipt of your request, we will notify you in writing of the decision that we have given to your request. Depending on the complexity of your request or the number of requests we receive from other people, this period may be extended by two months. In this case, we will notify you of the extension in the month following receipt of your request. In some cases (for instance: legal obligations, rights of others, limitation periods, …), you cannot exercise your rights, in whole or in part. You will be informed as well as to the reasons why we cannot fully satisfy your demand. 

 

COOKIE POLICY 

We use cookies on our websites. A cookie is a code in the form of a file stored on your computer. During a subsequent visit to our website, these cookies can then be recognized. Cookies help us improve our site and make navigation easier, to offer targeted advertising or to analyze our audience. 

To learn more about our Cookies Policy, please visit our website under the tab "Cookies Policy". You can then agree to all or some cookies. 

 

QUESTIONS, COMMENTS, COMPLAINTS AND DATA LEAK 

We remain at your disposal for any questions, comments or complaints formulate against our protection of your personal data. If you are aware of the existence of a data breach or if you suspect one, you are asked to immediately report it to us at privacy@moveup.care. In addition, and in accordance with Article 37 of GDPR we proceeded to the appointment of a Data Protection Officer (DPO). You can make contact on the following address: sp@altalaw.be

Finally, you also have the right to file a complaint to the Data Protection Authority (DPA) at the following address: 35 rue de la Presse - 1000 Brussels - Phone 02/274.48.00 - or via their website: https://www.autoriteprotectiondonnees.be.  

 

CHANGES 

We can at any time make, for various reasons, corrections, additions or changes to this declaration of data protection and privacy. The most current version can be viewed continuously on our websites.