Terms and Conditions

COMUNICARE

Privacy policy

Rue du Bois Saint-Jean 15/1

4102 Seraing

COMUNICARE SOLUTIONS develops and operates the Comunicare application and platform (www.comunicare.be)

Comunicare enables a better communication between patients and caregivers in the context of chronic diseases or complex care episodes. It provides personalized information on the patient care plan, appointments, recommendations and tools for a better quality of life. The patient can share information with his/her relatives and the medical staff. The processing of the resulting analytical data is useful for quality of life and medical research.

Privacy Policy

(version of 22/4/2020)

Introduction

The protection of your privacy and of your personal data is very important for COMUNICARE SOLUTIONS (hereinafter ‘ COMUNICARE ‘), the publisher of the mobile application that your hospital or your healthcare institution (hereinafter ‘HOSPITAL’) recommended you. The objective of the present declaration is to inform you about the conditions under which your personal data is collected and processed when you use this software and its related services, hereinafter jointly called “application”.

COMUNICARE comply with the General Regulation on Data Protection (RGPD) established by the European Parliament and the Council of the European Union, as well as all regulations related to the protection of privacy and personal data.

 Your data is processed under the joint responsibility of your HOSPITAL and COMUNICARE (hereinafter collectivelywe”), which together determine the processing of health data.  

Under the meaning of this regulation, the HOSPITAL is the “data controller ” and COMUNICARE the “subcontractor”.    

Note: Here and in all this document, the term “treatment” refers to “data processing” except in the explicit expression “medical treatment” (to avoid ambiguities, we will often use “care ” or “care pathway” instead of “medical treatment”).     

When enrolling in the application, the HOSPITAL has asked you or will ask for your explicit consent that we process, as part of your treatment, your personal information identified below. By using the application, you confirm this authorization.      

GDPR requests that information relating to your rights on your data be communicated to you in a concise, transparent, understandable manner, in simple terms. This declaration pursues this ambition.

If you are a child, you have the right to have the essentials of this statement explained to you in a simple and understandable manner: do not hesitate to ask us for this explanation.

This declaration has several components:

  • What do we mean by personal data processing? 
  • What data is collected and how is it processed? 
  • For what purpose do we process your data? 
  • Who do we share your data with? 
  • Do we transfer your data abroad? 
  • What are your rights? 
  • How long do we keep your data? 
  • How do we secure your data? 
  • Links to other sites
  • Modification of this declaration
  • How to contact us ? 

 

What do we mean by the processing of your personal data ?

The term ” personal data” is used here to refer to any information concerning an identified or identifiable individual (natural person).   

The term “processing” designates any operation or set of operations carried out, or not, using automated processes and applied to personal data or sets of data, such as the collection, the recording, the organization , the structuring, the conservation, the adaptation or modification, the extraction, the consultation, the use, the communication by transmission, the dissemination or any other form of provision, the reconciliation or interconnection, the limitation , the deletion or the destruction of data. 

 

What data is collected and how is it processed?

The data about you that the COMUNICARE application collects and processes when necessary are:

  • identification data such as your name, first name, date of birth, place of birth, sex;
  • contact data: mailing address, email address, phone number, … ;
  • data related to your care pathway: your medical treatment, your medical agenda, your feelings and your experience on medical treatment, your drugs and confirmation of their intake, your physiological parameters necessary for medical monitoring, your physical activity;
  • limited identification data about your relatives with whom you have decided to SHARE some of your information contained in the application: first name, last name, email address, mobile phone number;
  • data about your online behavior when using our application: the links you click within the application, the internal pages you visit in the application, the external pages you visit from the application;
  • data about the issues, the complaints and the remarks that you communicate to us about the usage of the application;
  • Cookies (cookies are files with small amounts of data, which may include a unique and anonymous identifier; cookies are sent to your browser by a website and stored on your device’s hard drive). We use basic cookies necessary for the proper functioning of the application (management of connection time and language preferences). We do not use other cookies (for commercial or marketing purposes), and if this changes, we will explicitly ask for your consent.

We have put in place adequate measures to ensure that your personal data is processed in compliance with the security obligations that are imposed by applicable law.

For what purpose do we process your data?

We collect and used your personal data for specific, explicit, legitimate purposes, and we do not use this data for any further purposes that are not compatible with the following purposes:

  • the improvement of your care pathway and your comfort in this pathway;
  • the appropriate information to authorized persons contributing to your care pathway (doctors, nurses, other healthcare workers, and, if applicable, the relatives you authorized);
  • help improve the medical knowledge relating to your disease and its evolution for the benefit of yourself and other patients . (” Anonymized ” means that this data does not contain any identification and contact data; they have thus lost their “personal character “).

Through our processing, no exclusively automatic decision concerning you is taken.

The usage of your data is made on the following bases of legitimacy:

  • The willingness to facilitate your care pathway and to help improve its quality and efficiency;
  • For the HOSPITAL, a better follow up of all medically relevant parameters about your care pathway and your outcomes during this care pathway
  • The data processing is also necessary for the purposes of the legitimate interests pursued by COMUNICARE, that is to say, develop, improve and maintain its software; anonymized statistics about the usage of the software may also appear in the application descriptions
  • Consent: you have given your express consent to the HOSPITAL so that we can use your personal data for the purposes above set out; we will ask for your explicit consent if our use should exceed these purposes. When we process your data on the basis of your consent, you have the right to withdraw this consent at any time. When we process your data on the basis of our legitimate interest, you may at any time inform us that your interest takes precedence over ours.

We process your personal data in the following circumstances:

  • the application collects your data during the registration, precisely your last name, your fist name, your address, your email address, your telephone number or any other contact data. We process this data in order to authenticate and secure access to your data, and to manage the data transfer with the HOSPITAL and the health professionals who have a therapeutic relationship with you.
  • The application processes your medical data that is necessary for its operation, more precisely the information transmitted by the HOSPITAL, the information that you enter yourself, as well as data about your usage of the application.
  • We collect and process your data when you contact us for support or when you complete satisfaction surveys.

 

Who do we share your data with?

Your medical data and the information you enter in the application are made available to your medical team for a better monitoring of your treatment.

In addition, the application allows you to share certain data with relatives you have identified there. This data may concern, on your own choice, all or part of your care pathway: your medical treatment, your medical diary, your outcomes and your experience with the medical treatment, your medications, your physical activity. You can stop this data sharing at any time.

Your identity and the fact that you use our application may be communicated to your mutual health organization or you health insurance company. These organizations are bound not only by their own confidentiality obligations, but also by an addition non-disclosure agreement in which they undertake to protect the information that we may communicate to them.

This communication is justified by the fact that these organizations are likely to participate to the financing of your usage of the solution and to studies which aims at evaluating the benefit of the solution.

By no means, will your medical data be transmitted to these third parties.

Your medical data may or may also be shared with third parties to whom you have given or would give us your express consent (for example, in the context of sharing with a e-health vaults, medical research or clinical study).

Your data may be processed by subcontractors who provide services on our behalf and on our instructions, for example, database managers. We guarantee that these providers have access only to your data to the extent that this is necessary to perform their tasks. We also guarantee that they are bound by an obligation of confidentiality and that they can only process data in accordance with the instructions that we have given them.

 

Mandatory transfers

We may be required to transmit your personal data. This would be the case when a law, regulation or legal process (such as a court order) would force us or at the request of the authorities, police forces in action under the law. We may also believe that it is necessary or desirable to transmit your data to prevent a physical damage.

 

Other cases transmission

We also reserve the right to transmit any data we hold about you in the event of the sale or disposal of all or part of our activities or assets. We are committed in this case to do everything in our power for the transferee to use your data in accordance with this declaration. If such a sale or transfer should occur, you can contact the transferee to ask questions concerning the processing of your data and continue to exercise all your rights relating to your data.

 

Data transfer abroad

Certain data on the use of the application, completely anonymized (that is to say, not allowing them to be linked to your person) and without any medical nature, are communicated to external partners to enable us to perform detailed usage statistics of the application.

 

Data retention period

Unless your right to erasure is applied (described in detail in the ” Your rights ” section below) , your complete data will be kept as long as you are considered as a user ; so you can resume using our services without having to re-enter your data even after a period of inactivity. 

Data received from third-parties

If we were required to receive from a third party and process data concerning you (for example, retrieval of information from another care monitoring system for the purpose of service continuity) :

  • We will inform you about their nature, origin and the purpose of this transfer
  • We would protect and process this data in the same way as the data we collect

Your rights

You have the following rights relating to your personal data that we process :

  • Right of access to your data,
  • Right to have them corrected or supplemented,
  • Right to erasure and opposition,
  • Right to limit processing
  • Right to data portability

These rights are described in more detail below.

If you wish to exercise these rights, please contact us by writing 

  • By regular mail to :  COMUNICARE SOLUTIONS SA, rue du bois Saint-Jean 15/1, à 4102 Seraing, Belgique
  • Or by e-mail to : privacy @ comunicare.be

by enclosing a copy of your identity document which will be destroyed by us as soon as your request has been processed.

COMUNICARE will transfer your request to the HOSPITAL if it is their responsibility.

Right to access

When we store and process data about you, we may provide you access to your personal data and other additional information: purpose of the processing, data categories, potential third-party recipients, period of retention, your additional rights relating to this data.

Right to rectification

In the event that your personal data is incorrect or incomplete, you have the right to ask us to correct and / or complete this data as soon as possible.

Right to erasure and to object

You can ask us to erase your personal data. Your request will be executed in the best time if one of the following conditions is met :

  • this data is no longer necessary with regard to the purpose (s) for which it was collected;
  • the data processing is based on your sole consent and you withdraw your consent;
  • you object to the processing of your data for a reason relating to your particular situation and we have no compelling legitimate reason to assert (for example a legal obligation) ;
  • if it has been established that your personal data has been unlawfully processed by us ;
  • your data must be erased to comply with a legal obligation to which we are subject.

In this case, we will be obliged to inform the third parties to which we have transmitted your personal data.

This right to erasure does not apply insofar as this processing is necessary:

  • the exercise of the right to freedom of expression and information;
  • to comply with a legal obligation;
  • to exercise or defend any of our rights in court.

Right to restrict processing

You have the possibility to request the restriction of the processing of your personal data . Your request will be validated if one of these criteria applies:

  • you dispute the accuracy of your data : the use of your data will then be limited to the time necessary to verify the accuracy of your data;
  • in the event of unlawful processing, you oppose the erasure of your data, but instead request the limitation of their use;
  • we no longer need your data but you need it for the establishment, exercise or defense of your legal rights;
  • when you have objected to the processing of your data for a reason relating to your particular situation, during the time necessary to check whether the legitimate ifs words pursued by COMUNICARE prevail over yours.

Right to data portability

You have the right to ask us to provide you with your personal data that we hold in a structured machine-readable format and you can transmit it to another entity for processing or ask us to transmit it directly to that entity.

How do we secure your data ?

Your data is encrypted and is kept locally on the device mobile on which you install the application and in the secured database of our server(s). All exchanges between the application and the server(s) are encrypted according to standard protocols. We ensure that your personal data is protected by adequate safety measures (technical and organizational) against loss, destruction, alteration, use, disclosure or unauthorized access, be it accidental or illicit.

 

Technically, our staff manages the overall maintenance of the solution that is hosted in a datacenter with the support of cybersecurity experts and in a redundant infrastructure based in Belgium. High level protections are provided:

  • Access security: infrastructures are equipped with access control technologies.
  • Redundancy of the electric supply
  • Cooling of the computer equipment by suitable means.
  • Fire protection by specialized fire extinguishers and other physical precautions (for example, fire detectors)
  • Procedures: the operation of the centers is governed by strict procedures.

Further information

The above declaration summarizes the rights and obligations related to the processing of your personal data in the context of the use of the COMUNICARE application. We remain at your disposal should you require any clarification on this declaration.

The following link provides access to details of the General Data Protection Regulation (GDPR) :

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016

 

Modification of this declaration

In the future, we may need to modify this declaration. In this case and if these changes correspond to a relaxation of certain protection constraints concerning you, we will inform you personally explaining the changes and their motivations. You will of course continue to be able to exercise your rights provided for by the GDPR regulation and national laws.

How to contact us?

By regular mail: COMUNICARE SOLUTIONS SA, rue du bois Saint-Jean 15/1, 4102 Seraing, Belgique

By email: privacy @ comunicare.be