The purpose of this Privacy Policy is to describe how DOXIVA HCS (“Doxiva” “us,” “we,” or “our”) collects and uses information about the users of the Services (“you”) through online interfaces and Services owned and controlled by us, including www.doxiva.com (collectively referred to herein as the “Site”). Please read this Privacy Policy carefully to understand our privacy framework and how we collect, store, process, and otherwise use information about you and your use of our Services. If you do not understand any aspects of our Privacy Policy, please contact us by email at admin@doxiva.com. Your use of our Site is also subject to our Terms of Service and therefore capitalized, defined terms (e.g., Account, Services) in this Privacy Policy have the same meaning as defined in Terms of Service. Data protection is a particularly high priority for us. The use of the Services is not possible without any indication of Personal Information and hence processing of Personal Information is necessary. If the processing of Personal Information is necessary, and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of Personal Information, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA) and in accordance with the country-specific data protection regulations applicable to us. The Site and Services are not designed to accepting medical records; hence the Site and Services are not compliant with the HIPAA (Health Insurance Portability and Accountability Act of 1996) and you are solely responsible for complying with HIPAA. Utilizing this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the Personal Information we collect, use and process. Furthermore, data subjects are informed through this data protection declaration, of the rights to which they are entitled. As the controller, Doxiva has implemented numerous technical and organisational measures to ensure the complete protection of Personal Information processed through the Services. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.
1. Definitions
1.1 Personal Information
Personal Information means any information relating to an identified or identifiable natural person (“data subject”, “you”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2 Data subject
Data subject is any identified or identifiable natural person, whose Personal Information is processed by the controller responsible for the processing (“you”).
1.3 Processing
Processing is any operation or set of operations which is performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.4 Restriction of processing
Restriction of processing is the marking of stored Personal Information with the aim of limiting their processing in the future.
1.5 Profiling
Profiling means any form of automated processing of Personal Information consisting of the use of Personal Information to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
1.6 Pseudonymisation
Pseudonymisation is the processing of Personal Information in such a manner that the Personal Information can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the Personal Information are not attributed to an identified or identifiable natural person.
1.7 Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Information; as in this case Doxiva.
1.8 Processor
Processor is a natural or legal person, public authority, agency or other body which processes Personal Information on behalf of the controller.
1.9 Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the Personal Information are disclosed, whether a third party or not.
1.10 Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process Personal Information.
1.11 Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of Personal Information relating to him or her.
2 Name and Address of the controller
Controller of data is: DOXIVA HCS, admin@doxiva.com.
3 Personal Information That We Collect
The Site can be accessed and browsed normally without the need of an Account, however, if you decide to use the Services, registration of Account becomes necessary. We do not collect any Personal Information automatically, you can opt out of providing Personal Information, however certain features and parts of the Services may not function as expected due to lack of Personal Information. The Services allows you to provide us with Personal Information related to any symptoms which you may have been experiencing. We, as Controllers, use the information we collect to operate and maintain the Services, send you marketing communications and respond to your questions and concerns. The Personal Information which you may provide to us could include, but is not limited to:
3.1 Account Information including but not limited to Full name, Email addresses, phone number, Date of birth.
3.2 User Content such as symptoms including but not limited to fever, cold, cough, sore throat, pain, itching, numbness, burning sensation etc.
3.3 Other information you choose to provide including but not limited to voluntarily identity and contact information submission.
4 Information Usage
We will only use your Personal Information as described below, unless you have specifically consented to another type of use, either at the time the Personal Information is collected from you or through some other form of consent from you or notification to you:
• We may use your Personal Information collected in connection with providing the Services.
• We may use your Personal Information to respond to your inquires or requests, or to request feedback and to enable us to develop, customize and improve the Services.
• We may use your Personal Information to conduct marketing analysis, to send you surveys or newsletters, to contact you about our other services, products, activities, special events or offers from Doxiva or our partners and for other marketing, informational, product development and promotional purposes.
• We may share Personal Information, with third party service providers who perform various functions to enable us to provide our Services and help us operate the Services, such as designers, sending email communications, telephone communication, text messaging, advertising, malware detection and prevention, customer care, third party surveys or performing analytics. These companies are authorized to use your personal information only as necessary to provide these services to us. Our contracts with these third parties require them to maintain the confidentiality of the personal information we provide to them, only act on our behalf and under our instructions, and not use personal information for purposes other than the product or service they’re providing to us or on our behalf.
• We may share aggregated demographic information. We will not give, sell, rent, share, or trade any of your personal information or any data that you store on the Services to any third party except as outlined in this Privacy Policy or with your consent. We may disclose information to a third party to (a) comply with laws or respond to lawful requests and legal process, (b) to protect Doxiva, agents, customers, and others including to enforce our agreements, policies and terms of use or (c) in the good faith belief that disclosure is needed to respond to an emergency, or protect the personal safety of any person.
• We may disclose Personal Information as required by law or legal process.
• We may disclose Personal Information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
• We may transfer your Personal Information in connection with the sale or merger or change of control of Doxiva or the division responsible for the services with which your Personal Information is associated.
• We may share your Personal Information with an affiliate of Doxiva who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.
• We may use your Personal Information to send you a welcoming email and to contact you about your use of the Services; to respond to your emails, submissions, comments, requests or complaints; to anticipate and resolve problems with the Services; to respond to user inquiries, for assistance; and to inform you of updates to the Services and/or the terms of use and/or the privacy policy.
5 Cookies
The Site use cookies. Cookies are text files that are stored in a computer system via an Internet browser. Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified using the unique cookie ID. Through the use of cookies, Doxiva can provide the users of Site with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimised with the user in mind. Cookies allow us, as previously mentioned, to recognise our Site users. The purpose of this recognition is to make it easier for users to utilise our Site. The Site user that uses cookies, e.g. does not have to enter access data each time the Site is accessed, because this is taken over by the Site, and the cookie is thus stored on the user’s computer system.
The data subject may, at any time, prevent the setting of cookies through our Site by changing the settings of Internet Browser, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our Site may be entirely usable.
6 Collection of general data and information
The website of Doxiva collects a series of general data and information when a data subject or automated system calls up the Site. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, Doxiva does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Doxiva analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to achieve an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
7 Contact possibility via the website
The Site contains information that enables a quick electronic contact with us, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
8 Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the rules and regulations to which the controller is subject.
9 Analytics and Conversion Tracking
We use analytics services that help us analyze how users use the Services. The information generated by these analytics services about your use of the Services is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the Services, compiling reports for us on user activity and providing other services relating to user activity and Services usage.
10 Security
The security of your Personal Information is very important to us. When we collect your Personal Information, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your Personal Information will be completely free from unauthorized access by third parties such as hackers, and your use of our Services demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your Personal Information. Doxiva shall investigate and report data breaches within 72 hours of becoming aware of such breach. When a breach of Personal Information is likely to result in a high risk to the rights and freedoms of individuals then Doxiva, as Controller, will notify the affected individuals without undue delay.
11 Protection for Children
The use of the Services is intended for and directed to adults. The Services is not directed to minors and we do not knowingly collect personal information from minors. If at any time in the future we plan to collect Personal Information from children under 16, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that Personal Information from a child under 16 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.
12 Changes to this Privacy Policy
We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use Personal Information in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Services and our services following the posting of any changes to this Privacy Policy means you accept such changes.
13 User Access to Information
You have the right to request access to the data information we have stored on you. You can do this by contacting us at admin@doxiva.com. We will make sure to provide you with a copy of the saved data particular to you. In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending an electronic copy unless you expressly specify a different method of receipt.
14 Opt-Out Process:
All unsubscribe or opt-out requests may be made by changing your Services settings or by clicking the “unsubscribe” link at the bottom of the relevant email. We will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases, we are incapable of, removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent.
15 Storage and Processing
We may process and store the Personal Information of the data subject only for the period necessary to achieve the purpose of storage, If the storage purpose is not applicable, or if a storage period prescribed by the law, the personal data are routinely blocked or erased in accordance with legal requirements.
If you are using the Services from outside the United States, please be aware that you are sending information (including Personal Information) to the United States where our servers are located. Doxiva may transfer information that we collect about you, including personal information, to affiliate entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that we will not transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
16 Communications
By providing your contact information through channels including but not limited to your email address, phone number (collectively the “Channels”) to us, you expressly consent to receive communications from us. We may use the Channels to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your contact information to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.
By providing your phone number to us, you expressly consent to receive phone calls and/or text messages from us. We will not give your phone number to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.
Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from Doxiva.
Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary.
17 Governing Law
This Privacy Policy and our legal obligations hereunder are subject to the laws of state of New York, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the courts located in the state of New York in all disputes arising out of or relating to the Services.
18 Contact
Please contact us with any questions or comments about this Privacy Policy, transfer of your personal information, our privacy practices, or your consent choices by email at admin@doxiva.com.
FOR USERS FROM EUROPEAN UNION ONLY
Rights of the data subject from European Union:
A) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
B) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing; the existence of the right to file a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.
C) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
D) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing in accordance with Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Doxiva, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Doxiva or another employee shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of Doxiva or another employee will arrange the necessary measures in individual cases.
E) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
• The controller no longer needs the personal data for the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the conditions as mentioned above is met, and a data subject wishes to request the restriction of the processing of personal data stored by Doxiva, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Doxiva or another employee will arrange the restriction of the processing.
F) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided. As long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by Doxiva or another employee.
G) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Doxiva shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If Doxiva processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Doxiva to the processing for direct marketing purposes, Doxiva will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Doxiva for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of Doxiva or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
H) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Doxiva shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer of Doxiva or another employee of the controller.
I) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer of Doxiva or another employee of the controller.