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Privacy Policy

(Effective August •, 2020)

Welcome!

Welcome to the SAFEN app, powered by SAFENLABS. We are confident that you will appreciate using our “Application”, which refers to the app for iOS or Android called “SAFEN”, created and owned by SAFENLABS, which allows you to undertake a risk factor assessment of the state of your health  and to communicate that risk factor assessment with the organization providing you with access to the Application (the “Organization”). You are accessing the Application using the handheld or tablet device onto which you have downloaded the Application (the “Device”). We want you to know we take your privacy and protection of personal data very seriously. We are providing this Privacy Policy (the “Policy”) to tell you about who we are, what personal data we collect from you and about you, and what we do with your personal data, all while you use the Application or otherwise interact with us. The Policy also explains your rights under the law, and how you can contact us and the necessary authorities to enforce those rights. We ask that you please read it carefully.

Acceptance

By downloading the Application on your Device or by tapping an acceptance button upon your use of the Application for the first time, you hereby accept to be bound by the terms of the Policy. By submitting personal data to us through the Application or otherwise, you consent to SAFENLAB’s collection, use and disclosure of such personal data in accordance with this Policy (as amended from time to time) and as permitted or required by law. If you do not agree to all the provisions contained in the Policy, you are not authorized to use the Application. If you have downloaded the Application and do not agree to all the provisions of the Policy, you must delete the Application from your Device.

Key Elements of this Policy

Here are the key elements of this Policy so you can know the important parts right away to make an informed decision about your consent for our collection, use and disclosure of your personal data. By submitting any personal data to us via any means, you consent to such collection, use and disclosure. You can find the details in the rest of the Policy.

Personal data we collect from you but only with your consent

What we do with it

Third parties we share it with

Account Information

Manage your Application account, and enable logging in to the Application

Companies that provide the infrastructure for the Application, such as Amazon AWS

Health risk data inputs

Submit it to our algorithm, analyze it and provide you with health risk data outputs 

Companies that provide the infrastructure for the Application, such as Amazon AWS

Health risk data outputs

Provide you with a risk factor assessment based on your health risk data inputs; provide you with information from the Organization based on this risk assessment 

The Organization

Some Terms

Before we get started with the details, here are a few terms we think you should know as you read this Policy.

Data Protection Laws” refers to the laws that are designed to protect your personal data and privacy in the place where you live. These include: (1) the “GDPR”, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council; and (2) “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada. SAFENLABS is committed to adhering to all these applicable Data Protection laws.

Personal data” refers to information that we collect from you or about you and which is defined in the GDPR as “any information relating to an identified or identifiable natural person.” It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under PIPEDA, the equivalent concept is “personal information”, which is roughly the same. Any mention of “personal data” in this Policy shall also mean personal information.

Other terms and definitions used in this Policy may be found in our Terms of Use and will have the same meaning in this Policy as they do there.

About Us and Contacting Us

12195577 Canada Inc., the company that owns and operates the SAFENLABS brand (“SAFENLABS”), is a duly-incorporated company under the laws of Canada. Where this Policy refers to “SAFENLABS”, it may refer to 12195577 Canada Inc. and / or its shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns, depending on the context.

Under the GDPR, SAFENLABS is a “data controller”. That means we collect personal data directly from you and determine the purpose and means of “processing” that data. “Processing” is a broad term that means collection, use, storage, transfer or any other action related to your personal data; and the word “processing” is used in this Policy in that way.

If you want to ask us anything about what is in this Policy, or anything else privacy- or data- related, or exercise any of your available privacy rights, you can email:

SAFENLABS Privacy Officer

privacy@safenlabs.com

Here is the mailing address for you as well:

SAFENLABS Privacy Officer

222-3700 Saint-Patrick Street

Montréal, Québec

H4E 1A2, Canada

    

Your Rights

You have the following rights regarding your personal data held by SAFENLABS, and other privacy rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws where you are located that apply to you. These rights may be exercised at no cost to you. Notwithstanding that, exercising certain of these rights may affect your ability to use some or all of the Application’s features.

  1. The right to withdraw your consent at any time for SAFENLABS to process your personal data;
  2. The right to have your personal data erased from SAFENLABS’s records;
  3. The right to access your personal data and any relevant information around its processing and use;
  4. The right to have a copy of your personal data given to you in an easy to read format so that you can transfer it to another data processor;
  5. The right to have your personal data corrected or updated if you believe it is inaccurate or out of date;
  6. The right to opt out of marketing communications we send you, at any time, and the right to refuse any marketing targeted at you by SAFENLABS;
  7. The right to know whether SAFENLABS shares your personal data (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our Privacy Officer if you need additional information or clarifications;
  8. The right to demand that SAFENLABS not sell your personal data; and
  9. The right to restrict the processing of your personal data if it is inaccurate or if our processing or use of it is against the law.

If you wish to exercise any of these rights, please contact our Privacy Officer at the contact information above or refer to certain relevant sections further in this Policy.

Personal Data Collected from You and What We Use It For

In the table below, please find all the personal data we may collect from you directly, what we use it for, and the legal basis under the GDPR for us having and processing this personal data. Under PIPEDA, the legal basis is your informed consent, and by submitting this personal data you acknowledge having granted this consent to SAFENLABS.

Personal data category

Personal data processed

What we use it for

(the “purpose” of processing)

Legal basis for processing under the GDPR

Account Information

Your email address and password

To create an Application account for you and to provide you with regular access to the Application

Your consent in giving us this information and the performance of a contract between you and us

Health risk data inputs

Your heart rate, oxygen saturation, respiratory rate, a brief video scan of your face and your self-identified symptoms and general well-being on any given day

To analyze it using our algorithm and to provide you with health risk data outputs; to train our algorithm to provide better and more accurate outputs

Your explicit consent in giving us this information and the performance of a contract between you and us

Health risk data outputs

As explained more fully in our Terms of Use, submitting your health risk data inputs to the Application will provide you with one of three possible outputs:

  1. Pass (Low health risk)
  2. Fail (Higher health risk)
  3. Locked account (Positive COVID-19 test)

To provide you with a risk factor assessment based on your health risk data inputs; to provide you with information from the Organization based on this risk assessment 

Your explicit consent in giving us this information and the performance of a contract between you and us

Where you have provided personal data further to the contract between you and us, if you fail to provide such data or withdraw your consent to use such data, we will no longer be able to provide certain features of the Application to you.

Personal Data Collected About You from Third Parties and What We Use It For

Sometimes we get personal data about you from third parties. This table explains the details about this personal data – what it is, where it came from, what we do with it, and legal basis for us having and processing this personal data under the GDPR. Under PIPEDA, the legal basis is your informed consent.

Personal data category

Personal data processed

Who we get the data from

What we use it for

(the “purpose” of processing)

Legal basis for processing under the GDPR

Contact information

Your name

The Organization

To personally welcome you to the Application, to connect your Account Information and health risk data outputs with your name to permit us to share your health risk data outputs with the Organization

Your consent and the performance of a contract

Sensitive Personal Data

The health risk data inputs and health risk data outputs that we collect are considered sensitive personal data under the GDPR. This sensitive personal data is only collected, used and disclosed as described elsewhere in this Policy.

Who We Transfer Your Personal Data To

We routinely share some of your personal data with certain types of third parties who are identified in the table below, along with what they do with it. Some of those third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area — please see the “Transfer of Your Personal Data Outside of the European Economic Area” further down in this Policy for more information including on how we safeguard your personal data when this occurs.

We will share personal data with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of SAFENLAB’s Terms of Use or other contract that governs your relationship with us; or (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Application infrastructure or the internet in general (such as voluminous spamming or denial of service attacks).

We may also share personal data: (1) to a parent company, subsidiaries, joint ventures, or other companies under common control with SAFENLABS (in which case we will require such entities to honour this Policy); (2) if SAFENLABS merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

We will never share your personal data with other third parties except under these circumstances. We do not sell your personal data to any third party for direct marketing purposes or any other purpose.

Personal data category

Who we transfer it to

What they do with it

Account Information

Companies providing technical infrastructure for the Application, specifically Amazon AWS

Control your logging in to the Application so that it can be provided to you, and for record-keeping

Health risk data inputs

Companies providing technical infrastructure for the Application, specifically Amazon AWS

Process the health risk data inputs, in accordance with our algorithm, and then delete them

Health risk data outputs

The Organization

Keep it for record-keeping and analyze it in accordance with any agreement between yourself and the Organization

How the Application Accesses Your Device

The following is a complete listing and description of what functions on your Device that were developed by third parties are accessed and / or modified by the Application. Unless otherwise specified, these permissions apply to the iOS and Android versions of the Application. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Application.

  • Camera –The Application may access the camera on your Device (user permission only).
  • Notifications – The Application may send you notifications (user permission only).
  • Wi-Fi Connection Information – The Application may retrieve network connectivity and speed information from your Device.

Uninstall of the Application

You may uninstall the Application; uninstall methods may vary depending on your Device or iOS or Android version. SAFENLABS has no control over the uninstall function and denies any responsibility for your use thereof, and any data or personal data sent to third parties as a result of such activity.

How We Protect Your Personal Data

We have implemented very strict technical and organisational procedures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed by us. These procedures prevent your personal data from being lost; or used or accessed in any unauthorised way.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws require us to do so, and within the time frame required by the applicable Data Protection Law.

SAFENLABS uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including personal data) secure. In addition, we use Amazon AWS, a leader in secure data, as a hosting partner to provide the necessary networking, storage, and related technology required to operate the Application, and Amazon AWS was selected for its high standards of security, both electronic and physical.

Transfer of Your Personal Data Outside of the European Economic Area (EEA)

For our European users, we endeavour to keep your personal data inside the EEA. However, certain of our data processors (and SAFENLABS) are in other countries where your personal data may be transferred. However, these countries are limited to countries with particular circumstances that protect your data, specifically:

  • Canada. Canada has been determined to have an “adequate level of protection” for your personal data under European data protection law.
  • The United States. Your personal data is only transferred to companies in the United States that: (1) participate in the Privacy Shield; and (2) have signed agreements with us or have informed us that they are GDPR-compliant.

That’s it! You have the right, however, to refuse to have your data transferred outside the EEA. Please contact our Privacy Officer to make that request. Please note that making this request may prevent you from being able to use certain features of the Application.

Supervisory Authorities and Complaints

If you are in the EEA, under the GDPR you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Privacy Officer, or if you would like to make a complaint directly about SAFENLAB’s data practises, we invite you to contact the supervisory authority in your country. If you are in the U.K., you should contact the Information Commissioner’s Office who is the supervisory authority. You can reach them in a variety of ways, including by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact the Commission Nationale de l’Informatique et des Libertés who is the supervisory authority there. Their contact information can be found here.

The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA can be found here.

Data Retention

Your personal data will only be kept for as long as it is necessary for the purpose needed for that processing. For example, we will only retain your Account Information for as long as you have an account with us and we will only retain your health risk data inputs for the amount of time it takes for our algorithm to provide you with your health risk data output. Your health risk data outputs are only retained for a period of 14 days.

Automated Decision-Making

The Application uses automated decision-making processes to determine your health risk data output.

Children’s Privacy Statement

The Application is not intended for children under the age of 16. We do not knowingly collect any personal data from a child under 16. If we become aware that we have inadvertently received personal data from a person under the age of 16 through the Application, we will delete such information from our records.

Changes to This Privacy Policy

The date at the top of this page indicates when this Policy was last updated. Every now and then, we will have to update this Policy, and we will update it no less than once every 12 months. You can always find the most updated version in the Application itself, and we will always post a notice in the Application if we make significant changes.