Thymia respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit the Thymia website (the “Website”). 

When you use our services via the Thymia platform (the “Platform”) we may process your personal data differently. Please see our Platform Privacy Policy for more details. 

This Privacy Policy also tells you about your privacy rights and how the law protects you. Please see our Glossary for further information on some of the terms used in this Privacy Policy. 

1. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected. 

2. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected. 

3. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy. 

4. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts. 

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how we collect and process your personal data through your use of the Platform and/or Website, including any data you may provide when you complete activities through our patient portal. 

We never knowingly collect personal information from anyone under the age of 13, or the age of majority in your jurisdiction, whichever is greater, without parental consent. If we learn that we have collected personal information from a child under this age without given consent by a parent or guardian, we will delete the information as soon as possible. 

It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices, terms and privacy policies and is not intended to override them. 

The Thymia Platform and Website, as well as this Privacy Policy, are provided by Thymia Limited, a company registered in England and Wales with company number 12609104 with our registered office located at International House, 64 Nile Street, London, England, N1 7SR (referred to as "Thymia", "we", "us" or "our"). With the address for service being - Salisbury House, 29 Finsbury Circus, London EC2M 5SQ. 

Please read this privacy policy carefully.

Our Role 

Thymia is both a controller and a processor, depending on your interaction with the Platform and/or Website. 

Thymia is a controller, under the applicable data protection laws, of: 

● any information you share with us via the Website, such as contact information; 

● biometric data we collect via the Platform, for (i) the purpose of providing the Thymia services; and (ii) for research purposes; and 

● any information you provide to our customer services, for example when requesting support with any technical issues. 

We have appointed Gabrielle Powell as our Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy and monitors compliance with GDPR. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights as a data subject, please contact the DPO using the details set out below. 

Contact details 

Full name: Gabrielle Powell 

Email address: data.protection@thymia.ai 

Postal address: International House, 64 Nile Street, London N1 7SR, UK 

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk) or any other competent data protection authority in the relevant jurisdiction. We would, however, appreciate the chance to deal with your concerns before you approach the ICO or the other relevant authority so please contact us in the first instance. 

Changes to the Privacy Policy and your duty to inform us of changes to your data

We keep our Privacy Policy under regular review. 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, so that, for example, we can contact you if required (and subject to this Privacy Policy) using the correct details.

Third-party links

The Platform and/or Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit prior to using them. 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows: 

● Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender. 

● Biometric Data includes 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/other movement images or dactyloscopic data or voice recordings. 

● Information about your Health includes any information relating to your health which is shared by you via the Platform. 

● Financial information such as credit/debit card numbers for subscription; 

● Contact Data includes billing address, delivery address, email address and telephone numbers. 

● Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. 

● Profile Data includes your username and password, your interests, preferences, feedback and survey responses.

● Usage Data includes information about how you use our Website and/or Platform and services. 

● Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as it will not directly or indirectly reveal your identity. For example, we may aggregate your Biometric Data for research purposes or to improve our services. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy. 

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time. 

We use different methods to collect data from and about you, including through: 

Direct interactions

You may give us your personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: 

● use our Platform; 

● access our Website and give us feedback when you contact us through the website, by telephone, post, e-mail or through any other means; 

● subscribe to our service or publications; 

● when you make payments to us, through this website, platform or otherwise; 

● request marketing to be sent to you; 

● enter a competition, promotion or survey; 

Automated technologies or interactions

As you interact with our Website and Platform, we will automatically collect Technical Data about your equipment, browsing actions, Internet service provider location and patterns. We collect this personal data by using cookies, server logs and other similar technologies. 

In each case, in accordance with this privacy policy.

We will only use your personal data where we have legal grounds to. Most commonly, we may use your personal data in the following circumstances: 

● Where we need to perform a contract we are about to enter into or have entered into with you. 

● With your explicit consent, where we collect Biometric Data, Health Data and/or any personal data shared by means of video/voice recordings or other direct interactions via our Platform or where we have your consent for marketing purposes. 

● Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. 

● Where we need to comply with a legal obligation. 

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. 

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Table 1: Purposes for which we will use your personal data

| Purpose/Activity                                                                                                                                                                       | Type of data                                                                                                      | Lawful basis for processing including basis of legitimate interest                                                                                                                                                                                                                         |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| To register you as a new user                                                                                                                                                       | (a) Identity <br>(b) Contact                                                                                      | Performance of a contract with you                                                                                                                                                                                                                                                         |
| To manage our relationship with you which will include: <br>(a) Notifying you about changes to our terms or Privacy Policy <br>(b) Asking you to leave a review or take a survey       | (a) Identity <br>(b) Contact <br>(c) Profile <br>(d) Marketing and Communications                                 | (a) Performance of a contract with you<br>(b) Necessary to comply with a legal obligation <br>(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)                                                                         |
| To enable you to partake in a prize draw, competition or complete a survey                                                                                                             | (a) Identity <br>(b) Contact <br>(c) Profile <br>(d) Usage<br>(e) Marketing and Communications                    | (a) Performance of a contract with you <br>(b) Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business)                                                                                                                     |
| To administer and protect our business and the Website and/or Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity <br>(b) Contact <br>(c) Technical                                                                    | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) <br>(b) Necessary to comply with a legal obligation |
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you                                           | (a) Identity <br>(b) Contact <br>(c) Profile <br>(d) Usage<br>(e) Marketing and Communications <br>(f) Technical  | Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)                                                                                                                               |
| To use data analytics to improve our Website and/or Platform, services, marketing, customer relationships and experiences                                                              | (a) Technical <br>(b) Usage <br>(c) Biometric                                                                     | Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)                                                                                             |
| To make suggestions and recommendations to you about goods or services that may be of interest to you                                                                                  | (a) Identity <br>(b) Contact <br>(c) Technical <br>(d) Usage <br>(e) Profile <br>

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us to stop sending you marketing messages at any time by following the opt-out process indicated on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase, warranty registration, service experience or other transactions, or any Biometric Data collected via the Platform.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 

In each case, in accordance with this privacy policy 

In respect of personal data, we may share that personal data with the following parties set out below for the purposes set out in the table 1 “Purposes for which we will use your personal data” above. 

● Third Parties as set out in the Glossary. 

● Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy. 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and data protection legislation. 

Some of our external third parties may be based outside the United Kingdom or European Economic Area (“EEA”), so their processing of your personal data will involve a transfer of data outside the UK or EEA. 

Whenever we transfer your personal data out of the UK or EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: 

● We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK or European Commission; or 

● Where we use certain service providers, we will use specific contracts approved for use in the UK or EEA (including the EU Standard Contractual 8 Clauses as amended from time to time) which give personal data the same protection it has in the UK or EEA. 

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or EEA. 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. More information on these measures and our compliance with standards of ISO27001, GDPR Data Protection Law and HIPAA is available upon request. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 

We will use technical and organisational control measures to safeguard your Data, for example: 

a. Access to your account is controlled by a password and a username that is unique to you once you setup the account 

b. We store your Data on secure servers. 

c. Payment details are encrypted using Chargebee payment gateway 

We have put in place procedures to deal with any suspected personal data breach in accordance with relevant regulations, including EU Regulation 2016/679 (General Data Protection Regulation), and will notify you and any applicable regulator of a breach where we are legally required to do so. Technical and organisational control measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your data, please let us know immediately by contacting us via this email address: support@thymia.ai 

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by the UK HM Government and leading businesses.

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. 

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. 

In some circumstances you can ask us to delete your data. See Annex 1: Your Data Rights below for further information. 

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. 

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see your data rights section below in Annex 1 to find out more about these rights. 

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). If, however, your request is clearly unfounded, repetitive or excessive, we have the right to charge a reasonable fee to carry out the request, or in the alternative, the right to not act upon the request. 

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. 

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to. 

| Term                         | Definition                                                                                                                                                                                                                                 |
|------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Data                         | Collectively all information that you submit to Thymia Ltd via the Website or Platform. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws.                                        |
| Cookies                      | A small text file placed on your computer by the Thymia website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (‘Cookies’). |
| Data Protection Laws         | Any applicable law relating to the processing of personal data, including but not limited to: Regulation (EU) 2016/679 - General Data Protection Regulation (GDPR); UK Data Protection Act 2018 as amended; U.S. Health Insurance Portability and Accountability Act (HIPAA); and any national implementing laws, regulations and secondary legislation. |
| UK and EU Cookie Law         | UK Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended. Directive 2002/58/EC - Directive on Privacy and Electronic Communications.                                                          |
| User or You Platform Third Parties | Any third party that accesses Thymia and is not either (i) employed by Thymia and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Thymia Ltd. and accessing the website

Annex 1: YOUR DATA RIGHTS

You have the right to: 

Access: Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you at any time and to check that we are lawfully processing it. 

Correct: Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. 

Erasure: Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. We are required to do this within 30 days. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

Objection: Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. 

Restrict our use of your data: Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: 

● If you want us to establish the data's accuracy. 

● Where our use of the data is unlawful but you do not want us to erase it. 

● Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. 

● You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. 

Data Portability: Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

To make enquiries, exercise any of your rights set out above, withdraw consent at any time where we are relying on consent to process your personal data, please contact us via this email address: support@thymia.ai. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent. 

If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, you may raise your complaint to the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/. Thymia Ltd is registered with the ICO, reference number ZA776402. 

For Data Subjects residing in the EU or EEA, any questions or requests relating to the processing of their personal data may be directed at the Thymia GDPR EU Representative: Gabrielle Powell (gabrielle@thymia.ai) 

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how we collect and process your personal data through your use of the Platform, including any data you may provide when you complete activities through our patient portal. 

We never knowingly collect personal information from anyone under the age of 13, or the age of majority in your jurisdiction, whichever is greater, without parental consent. If we learn that we have collected personal information from a child under this age without given consent by a parent or guardian, we will delete the information as soon as possible. 

It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices, terms and privacy policies and is not intended to override them. 

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. 

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. 

Table 2: Purposes for which we will use your personal data 

Automated technologies or interactions

As you interact with our Platform and submit data for an assessment, we will carry out automated processing as our analysis of your submission to provide you with scores is performed by AI algorithms. 

This automated processing does not result in legal consequences for you or similarly significant effects.

Retention and other processing

After providing you with your scores, we store the personal data in your submission or the scores strictly in accordance with our Data Retention Policy and Schedule and in line with applicable law. We never share or sell your individual submissions or scores with any third party (other than our data processors who process your personal data strictly in accordance with our instructions and subject to the mandatory contractual clauses required by GDPR. 

We never profile you based on your submissions or scores. 

We never carry out marketing based on your submissions or scores 

We will make it clear to you throughout your user journey on the platform that your election to make a submission involves automated processing of your health data to provide you with our scores.

We will record your explicit opt-in consent if you choose to also have your submission improve our services and AI models to comply with GDPR’s accountability principle.