Privacy Notice – LearnUpon Platform
17 September 2020
1. Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how we collect and process your personal data through your use of the LearnUpon platform.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice 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 notice supplements the other notices and is not intended to override them.
Gyroscope Therapeutics Limited (referred to below as “the Company”, “we”, “our” or “us”) is the data controller for the purposes of the use of this platform.
For the purposes of compliance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) data protection laws, the Company is the Data Controller and responsible for your personal data and adhering to data protection and privacy laws within the European Union.
We have appointed a DPO who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO OR data privacy manager using the details set out below.
Our full details are:
Full name of legal entity: Gyroscope Therapeutics Limited
Name or title of: Matthew Cole, Prettys Solicitors LLP
Email address: firstname.lastname@example.org
Postal address: Elm House, 25 Elm Street, Ipswich, Suffolk, UNITED KINGDOM, IP1 2AD
You have the right to make a complaint at any time to the appropriate data protection supervisory authority (in the UK this is the Information Commissioner’s Office (ICO)). We would, however, appreciate the opportunity to deal with your concerns before you approach the relevant authority so please contact us in the first instance.
Changes to the privacy notice or to your personal data
This version was last updated on 20 July 2020.
2. The data we collect about you
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 and cannot be re-established (anonymous data).
The purpose of this site is to enable you to undertake training in our procedures, products and services. To demonstrate that you have undertaken that training, you may be asked to input the answers to questions at the end of each module. Once you have completed some modules you will be issued with a certificate which confirms that you have undertaken, and successfully completed, the relevant training course.
To enable you to access and use the site, we will receive and process your contact data, which shall include your name and professional email address. This information shall be processed so as to set you up as a user on the site, and to communicate with you your password and how to access the site. We may also use your contact data to provide you with updates or notices about the site, the training modules that we offer through it, or your use of it. During your use of the site, we shall collect and process certain technical data about you, including your internet protocol (IP) address, 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.
We will also process your profile data including your username and password, how and when you have accessed the site, modules that you have completed, your assessment scores, your assessment responses and certificates related to training.
We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your technical data to calculate the percentage of users accessing a specific website feature.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions. This will occur when you access and complete the training modules on the platform.
4. How we use your personal data
We will only use your personal data for the purposes of facilitating your use of the site, and where we have a lawful basis for that processing. The lawful basis upon which we rely is our legitimate interest. This legitimate interest is ensuring that our products and services can be used safely and effectively.
Change of purpose
We will only use your personal data for the purposes for which we have 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.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below:
- Other companies within our group, with whom we are joint data controllers. In particular, our associated company, Orbit Biomedical, Inc, (based in the USA) is a joint controller. It may process your personal data where it jointly performs operational functions with us.
- The platform is operated by LearnUpon Limited, a company incorporated and based in the Republic of Ireland. LearnUpon is our data processor. To ensure that you are properly set up as a user we utilise the services of a third party secure identity management and authentication service. This is provided by Okta, Inc. Okta, Inc acts as our processor for the purposes of this activity.
- Our appointed clinical research organisation (CRO), Medpace, Inc, who will be provided with training results, so as to enable them to perform their functions effectively.
- External third parties. These include the sites who have nominated you for training on the platform, and also our Professional advisers such as lawyers, bankers, auditors and insurers who provide various professional services to us. It may also include health authorities and regulators, such as the UK Medicines and Healthcare Products Regulatory Agency and the US Food and Drug Administration. It may also include third party drug manufacturers, should those organisations be using the platform in pursuance of their own clinical trials (in which case you should refer to those manufacturers’ relevant privacy policies for more information).
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.
Processing your data, and use of the platform may mean that your data is transferred outside of the European Economic Area (EEA).
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- In addition, or alternatively, where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to personal data shared between the EU and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the 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. 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.
6. Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 requirements.
Details of retention periods for different aspects of your personal data are available by contacting us.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may 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.
7. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
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 and to check that we are lawfully processing it.
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.
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. 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.
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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
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.
Withdraw consent at any time where we are relying on consent to process your personal data. 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 products or services to you. We will advise you if this is the case at the time you withdraw your consent.
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). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
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 may 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.