END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING THIS APP
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Rx Systems Limited (t/a Emis Health) a company registered in England with company number 04704728 with registered offices at Rawdon House, Green Lane, Yeadon, Leeds, LS19 7BY (Licensor, us or we) for the ‘My Local Pharmacy’ mobile application software, the data supplied with the software and the associated media (collectively, the App).
We licence the use of the App to you on the basis of this EULA and subject to any rules or policies applied by the applicable app store (the Appstore), from which you downloaded the App (Appstore Rules). We do not sell the App to you and we remain the owners of the App at all times.
Operating system requirements: This App requires internet access and either a compatible Apple or Android device (your Device)
- By downloading the App you agree to the terms of the licence set out in this EULA which will bind you. It is important that you take the time to read and understand the terms of this EULA (including, the limitations on liability set out in clause 7).
- Please note in particular:
- you may only download and use the App and Services if you are eighteen years of age or older
- the provisions relating to the nomination of your chosen pharmacy (see clause 8)
- that you may receive targeted advertisements from your nominated pharmacy (see clause 8)
- that you will have access to healthcare information and may receive targeted healthcare information relevant to you (see clause 9)
- If you do not agree to the terms of this EULA, we will not license the App to you and you must stop the registration process and remove the App from your device.
- You have the right to withdraw from your transaction without charge and without any reason before downloading the App.
- However, you will lose the right to cancel the transaction once you begin to download or stream the App.
- This does not affect your legal rights for an app that is defective (or for any services provided without reasonable skill and care). Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards Office. Nothing in this EULA will affect those legal rights.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App, unless they come with separate terms, in which case those terms shall also apply.
1.2 From time to time we may issue updates to the App (or these terms) through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App or accepted any new terms (or both).
1.3 You must ensure that you are authorised to download or stream a copy of the App onto your Device. You (or the relevant owner of the Device as appropriate) may be charged by the relevant service provider(s) for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5 By using the App or any of the Services, you consent to us collecting and using technical information about your Device(s) and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.6 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.7 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
- GRANT AND SCOPE OF LICENCE
2.2 You may download or stream a copy of the App onto your Device(s) and view, use and display the App on the Device(s) for your personal purposes only. You may not use the App for any commercial purposes or in connection with any business use.
2.3 If you own several compatible devices from the same platform (eg either Apple or Android) then you may download and use the App on all these devices from that same platform and your details can be automatically synchronised.
2.4 The App may only be downloaded from the Appstore in the UK but after downloading it you have a licence to use it worldwide.
2.5 The App uses open-source software including the HoloEverywhere library, which is licensed under the MIT license, and the ActionBarSherlock, Khandroid Framework, Universal Image Loader, EventBus, Android Asynchronous HttpClient and View Pager Indicator libraries, which are licensed under the Apache 2.0 license. A copy of these licenses can be found at the end of this EULA. Terms of the open-source software’s licences may override some of the terms of this EULA to the extent there is any conflict between them.
- LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (collectively, the Technology),
sub-clauses (a) to (h) above together being the Licence Restrictions.
- ACCEPTABLE USE RESTRICTIONS
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service including the submission of any material;
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service,
Sub-clauses (a) to (e) above together being the Acceptable Use Restrictions.
- INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us (or our licensors), that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
- LIMITED WARRANTY
6.1 Unless otherwise required by any applicable law we provide this App on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using the App and assume any risks associated with your exercise of permissions under this EULA.
- LIMITATION OF LIABILITY
7.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App (and any Service) as described meet your requirements.
7.2 We only supply the App (and provide the Services) for domestic and private use. You agree not to use the App (or any Service) for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We are not liable for any failure by the Pharmacy (as defined below), or your GP surgery (Surgery) to respectively dispense or prescribe the medicine as requested by you through the App or for any failure by the Pharmacy to make the correct medicine available for collection within a particular time frame. If you have any concerns in relation to your medication please contact the Pharmacy or your Surgery directly.
7.4 If you use the App to send in a prescription request, then we shall not be responsible if: (i) the medication ordered is incorrect (including, errors in respect of the drug name, drug form, quantity or strength) or (ii) the Surgery incorrectly prescribes a medicine or the Pharmacy dispenses the wrong medicine to you. Always check the medicines you receive from the Pharmacy and if you have any concerns then you should raise them with the Pharmacy or Surgery (as appropriate).
7.5 If you use the ‘pill reminder’ function on the App then we shall not be held responsible if you incorrectly select which medication you want to be reminded to take and/or which time you want to take the medication at.
7.6 If we fail to comply with the terms of this EULA we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it was contemplated by you and us at the time we entered into this EULA.
7.7 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100 or twice the price you paid for this App, whichever is the greater. This does not apply to the types of loss set out in clause 7.8. It is your responsibility to input any requested details into the App accurately including, the reminders service of the App. We shall not be liable for any loss or damage caused by you inaccurately providing information to the App.
7.8 We do not limit or exclude our liability in any way for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
- CONSENT TO NOMINATION
8.1 When you download the App you will be asked to nominate a particular pharmacy (the Pharmacy) and by doing so you also give your consent to allow your electronic prescription to be sent automatically from your Surgery to the Pharmacy (Nomination) using the process described in this clause.
8.2 If at any time you wish your Nomination to be removed you may do so by either informing the Pharmacy (by phone, email or in person) or by nominating an alternative pharmacy. If you remove your nomination from the Pharmacy then you should also uninstall this App from your Device(s).
8.3 To use the App you will need to provide the following personal data:
(a) your name; date of birth; gender; address; telephone number; email address; registered GP Practice; and (if known) NHS number (in England and Wales), CHI number (in Scotland) or HCN number (in Northern Ireland); and
(b) details of your prescription(s),
8.4 For the avoidance of doubt, you acknowledge that by using this App the Personal Data referred to above will be shared with and held by your Surgery and the Pharmacy as appropriate and that they will share certain data regarding your condition and prescription(s) with us so that the information is available to you through the App. As the App is facilitating the transfer of information regarding your healthcare between the Surgery and the Pharmacy we will process that Personal Data in accordance with their instructions as required to provide the Services to you.
8.4 You may use the App to select your prescription or repeat prescription details which will then be provided to the Pharmacy.
8.5 The Pharmacy will then liaise with the Surgery to confirm the prescription request is correct and it may then send a message to you using the App to say if it can fulfil your order and, if so, if the order will be delivered or made available for collection.
8.6 You may be asked to show some identification by the Pharmacy when you collect your prescription.
8.7 The data you enter into the App will be stored by us at secure data centres in accordance with the terms set out in clause 10 to enable us to provide the Services and the relevant data will also be held by the Surgery and the Pharmacy as appropriate.
8.8 You agree for the Pharmacy (or members of its group) to send you marketing and promotional offers through the App. Such information is provided by, and on behalf of, the Pharmacy and any comments or concerns you may have regarding such information should be addressed in the first instance to your Pharmacy.
8.9 Further information on the Electronic Prescription Service can be found at:
- OTHER INFORMATION
9.1 The App contains general healthcare information sourced from NHS Choices, Patient.co.uk, http://www.nhs24.com/FindLocal, http://www.wales.nhs.uk/ourservices/directory and from http://servicefinder.hscni.net/ (collectively, the Information).
9.2 This Information is not a substitute for professional medical care by a qualified doctor or other health care professional. ALWAYS check with your doctor if you have any concerns about your condition or treatment.
9.3 Unless required by applicable law or agreed to in writing, we provide the Information on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using the Information and assume any risks associated with such use.
- DATA PRIVACY
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
11.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if the relevant breach is capable of remedy) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
(c) if we discontinue the App; or
(d) if we lose the right to provide the App or the provision of it becomes unlawful in any way.
11.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of the App and any Services;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control; and
(d) you should speak with the Pharmacy and your Surgery (as appropriate) to find another way of accessing your prescriptions.
- OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
12.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
12.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.4 Each of the clauses of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
12.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction (if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland).
This EULA has been entered into on the date upon which you downloaded the App.
Information About Your Privacy
If you have any questions about the information transferred through this App then please contact your nominated pharmacy. When you use this App to update your personal information, please check carefully the information you enter and make sure it is correct.
The privacy of your information is very important. Your information is securely held by your GP surgery, your nominated pharmacy and at our data centres (at which it is protected by industry-standard security techniques).
The information you provide is personal to you and used by your surgery, your nominated pharmacy and its service providers who operate this App, in order to identify you and process your orders to your nominated pharmacy.
THIRD PARTY LICENSES IN RESPECT OF OPEN SOURCE SOFTWARE USED IN THE APP
Apache License, Version 2.0
Terms and conditions for use, reproduction, and distribution
“License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
“Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.
“Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
“Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
“Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
- Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
- Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
- Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
- Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
- Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
- Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
- Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
- Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
The MIT License (MIT)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The My Local Pharmacy App and certain related services are provided by Rx Systems Limited (“We” or “EMIS Health”), a company registered in England with company number 04704728 with registered offices at Rawdon House, Green Lane, Yeadon, Leeds, LS19 7BY.
We are committed to protecting and respecting your privacy. Please read the following carefully to understand our views and practices regarding your personal data and how it will be treated.
- the My Local Pharmacy mobile application software (the “App”) (available on a number of different App marketplaces (the “App Sites”)), once you have downloaded or streamed a copy of the App onto your relevant device, such as a smartphone (“Device”); and
- the services accessible through the App (the “Services”).
This policy sets out the basis on which any personal data We collect from you, or that you provide to us, will be processed. ‘Processing’ for the purposes of this policy covers a very broad range of activities, including using, transferring, storing and even deleting data. In some cases We will be responsible for how the data you provide is processed, in other cases it may be the relevant Pharmacy which is responsible. Please see the details set out below.
Please read the following terms carefully to understand our views and practices regarding your personal data and how we will treat it.
INFORMATION WHICH MAY BE COLLECTED IN RELATION TO YOU
We (and the Pharmacy) will collect and process the following types of personal data (and the data further detailed in the “Use of your information by us (and by the Pharmacy)” section below) about you:
- Information you provide (“Submitted Information”): You may give us information about you by filling in forms on the relevant App Site, within the App itself or by corresponding with us (for example, by e-mail) or with the Pharmacy. This class of information includes:
- information you provide when you download or register the App or subscribe to any of the Services. This may include your name, address, date of birth, gender, NHS number (or CHI number if you are in Scotland or HCN number if you are in Northern Ireland), e-mail address and phone number, the Device’s phone number, your chosen username, password and other registration information and details of your doctor’s surgery (the “Registration Data”);
- details of your medication and any requests or orders which you submit to order medication (including repeat medications) from the Pharmacy (the “Medicines Data”); and
- information you may provide via any social media functions on the App, when entering any competition, promotion or survey, or if providing any feedback regarding the App or the Services (“Feedback Data”).
- Information We collect about you and your Device. Each time you use the App We will automatically collect the following information:
- technical information, including the type of mobile device you use, a unique device identifier, mobile network information, your mobile operating system, and time zone setting (“Device Information”);
- details of your use of the App (“Log Information”); and
- details of your location (“Location Information”).
- If you contact us, We may keep a record of that correspondence.
Use of your information by us (and by the Pharmacy)
The relevant data privacy legislation describes the person that determines the purposes for which, and the manner in which, personal data is processed as the ‘data controller’ and it is the data controller that is primarily responsible for ensuring that the relevant personal data is processed properly and legally. More than one person is capable of being a data controller in respect of the same personal data and each is responsible for its use of that data. As We are supplying and operating the App and it is the Pharmacy which is delivering patient services to you (i.e. by fulfilling your prescriptions, liaising with your GP Practice as appropriate) both of us are acting as data controllers in relation to certain elements of your personal data, in particular:
- both We and the Pharmacy are data controllers in respect of the Registration Data (as defined above);
- We will be the data controller in respect of any Feedback Data provided to us; and
- the Pharmacy will be the data controller in respect of the Medicines Data (as defined above).
We and/or the Pharmacy (as appropriate) may use the information held about you in the following ways:
- Device information: We will use this information to ensure that We present the correct version of our App for your device. Please note that we will generate a unique application number (based on your Device Information) which we will use to identify you and to push notifications and other relevant information back to you.
- Registration Data: We and/or the Pharmacy (as appropriate) will use information which you submit as part of registering to use the App in order to manage your account with us or with the Pharmacy (as appropriate), to provide the Services and for our own respective internal administrative purposes.
- Medicines Data: We will transfer the Medicines Data which you submit to your nominated Pharmacy. The Pharmacy will use the Medicines Data for the purposes of providing pharmacy services to you. The Pharmacy will receive and share certain data regarding your condition and prescription(s) with your GP Practice (Practice) in order for the electronic prescription service to function. As the App is facilitating the transfer of information regarding your healthcare between the Practice and the Pharmacy we will process that data in accordance with their instructions as required to provide the Services to you.
- Once nominated by you the Pharmacy will then liaise with the relevant Practice to confirm the prescription request is correct and it may then send a message to you using the App to say if it can fulfil your order and, if so, if the order will be delivered or made available for collection.
- You may be asked to show some identification by the Pharmacy when you collect your prescription.
- Device information: We will store information about the currently installed mobile operating system and its version, mobile application version and brand of your Device to help identify and fix reported issues and to give us the ability to disable the connectivity in cases where you are using an unsupported version of the App.
- Log information: if you are using an Android device then We will collect information regarding your use of the App (for example, which functions/screens have been accessed) to help us to understand what functionality is most used and focus our attention to enhancing these functionalities to improve the user experience.
- Third Party Information: the App does not retrieve information about you from any third party services.
- For security and safety purposes: We will monitor activity in order to help protect our users from security threats and to detect if users are trying to misuse any element of the App or Service or to use them in an unauthorised manner. We may also use your contact information in order to alert you to any relevant security issues or safety concerns of which we are aware.
- To statistically analyse user behaviour and activity: We will monitor user interest and behaviour to help us to understand general usage of the Services and App to help us improve the services we provide. We may also use this information to tailor the view of the Services or App or any communications you receive from us so as to provide you with what we believe to be more relevant information. We may conduct statistical analysis in respect of the Services either ourselves or through an agency acting on our behalf.
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 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.
BASIS ON WHICH WE PROCESS YOUR PERSONAL DATA
We may rely on a range of legal grounds in accordance with the applicable privacy laws in order to ensure that our use your personal data is lawful, including:
- Where it is needed to provide you with the App and the Services, such as:
- updating your records, contacting you about the App or the Services (where appropriate);
- sharing your personal data with service providers in order to deliver any element of the App or the Services;
- activities relevant to managing the App or the Services including any enquiries you may make regarding the App or the Services, your application to receive the Services, and the administration and management of accounts;
- Where it is in our legitimate interests to do so (provided this is not overridden by considerations regarding your rights and interests), such as:
- managing the App or the Services, updating your records, contacting you about the App or the Services (where appropriate);
- performing and/or testing the performance of, our products, services and internal processes;
- following guidance and recommended best practice of government and regulatory bodies;
- managing and auditing our business operations;
- monitoring and to keeping records of our communications with you;
- undertaking market research and analysis and developing statistics;
- for direct marketing communication purposes to help us to offer relevant products and services; and/or
- complying with any relevant legal and/or regulatory obligations;
- to comply with our legal obligations; and/or
Disclosure of Information
We and/or the relevant Pharmacy (as appropriate) may disclose your personal information to third parties:
- if We or the Pharmacy (or both) are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request;
- to a contractor appointed by us to deliver elements of the App or the Services on our behalf (and under our control). Any access we might grant to a contractor will be limited to such information as is required for them to deliver the relevant service (and will be subject to a contract which includes appropriate obligations of confidence and compliance with applicable law).
- to your Practice for the purposes of providing pharmacy services to you, such as obtaining the prescriptions from the GP and passing on any request from a GP for you to make an appointment;
- in order to:
- enforce or apply the EULA and other agreements or to investigate potential breaches of the same; and/or
- protect the rights, property or safety of EMIS Health, the Pharmacy or our respective customers, or others;
- performing services on our (or the Pharmacy’s) behalf (and who may only use such information to provide services that We or the Pharmacy have requested and not for any other purpose), for example, third party companies that provide analytical services (including, in relation to the Log Information, Google Analytics) so that We can better understand our users and so tailor the Services;
- who are part of the same group of companies (or, in respect of the Pharmacy, to operators of pharmacies operating under the same brand as the Pharmacy) in connection with the delivery of the Services to you;
- in connection with a potential sale or transfer of part or all of our business. In such circumstances we may share information with prospective purchasers (for example as part of a controlled due diligence exercise); and/or
- if we reorganise our business as we may need to transfer information about you to another member of our group of companies so that we could continue to provide the Services to you.
If We were to disclose any of your personal data to a third party then We would ensure that no more information was disclosed than was necessary for the relevant purpose.
Third Party Sites
Please note that the App includes the ability for you to locate nearby healthcare providers such as GP practices, hospitals etc. by interfacing with the relevant national healthcare service provider in relation to the country to which your search relates, namely:
- NHS Choices (for England) – http://www.nhs.uk/
- NHS 24 (for Scotland) – http://www.nhs24.com/
- NHS Wales (for Wales) – http://www.wales.nhs.uk/
- Health and Social Care Online (for Northern Ireland) – http://online.hscni.net/
HOW AND WHERE WE STORE YOUR PERSONAL DATA
As noted above, if you use the ‘pills reminder’ or ‘order repeat’ functions within the App then the relevant Medicines Data will be stored locally within the App on your Device.
Where We have given you (or where you have chosen) a password (for example, a PIN) that enables you to access and use the App, you are responsible for keeping this password confidential. We ask you not to share your login details or password with anyone.
We will retain a record of your personal data in accordance with relevant law and the following criteria:
- where we have a reasonable business need to do so, for example, in order to manage our relationship with you;
- where we are providing products and/or services to you and then for as long as someone could bring a claim against us in respect of those products or services; and/or
- in line with any legal and regulatory requirements or guidance in respect of retention periods.
As noted above, we sometimes use other organisations to process your personal data on our behalf, for example, in relation to analysis of the use of the App or the Services. We may use service providers to help us run the App or the Services, some of whom may be based outside the EEA. However, it is our responsibility to ensure that if we use any such service provider that we ensure that we have the necessary safeguards in place. We may also independently audit these service providers to ensure that they meet our standards.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, neither We nor the Pharmacy can guarantee the security of data transmitted to us or to the Pharmacy and any transmission of data is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent any unlawful or unauthorised access.
You have a number of important legal rights regarding the manner in which personal data relating to you is used. You can find more information about your rights on the Information Commissioner’s Office website – please see: https://ico.org.uk/for-the-public/
We have outlined below the key rights which we believe may be relevant to your use of the App and/or the Services.
If you would like to exercise any of these rights then please contact us using the contact information provided below. Please note that you may be asked to provide us with reasonable proof of your identity so that we can be sure that we are discussing or providing your personal data with, or to, you (or if someone is making a request on your behalf, we need to check that they have the authority to do so).
We always aim to comply with all relevant data privacy laws which impose many obligations on us and which limit what We are allowed to do with the information which you provide to us so as to protect your rights.
We do not currently use any part of your Registration Data for marketing purposes (but if this were to change then We would contact you to obtain your consent and you do in any event have a legal right to require us to stop direct marketing at any time and We would make clear in any communications how you might exercise that right).
Access to information
You have the right to access certain information we hold about you so that you can be aware of, and verify the lawfulness of, the processing we undertake.
You can exercise your right of access by making what is generally referred to as a ‘subject access request’.
We will review each request which we receive and if we agree that we are obliged to provide personal data to you then we will (subject to certain limited exceptions provided under the relevant law) amongst other things: (i) describe it to you; (ii) tell you why we are holding it; (iii) tell you who it could be disclosed to; and (iv) let you have a copy of it (this may include providing an electronic copy).
Right to have information corrected
If you identify that any personal data that we hold about you is wrong, inaccurate or out of date then you may ask us to correct or update it. Please contact us via the contact details provided below and we will review each request and respond accordingly.
Right to stop or limit our processing of your personal data
This is also known as the ‘right to be forgotten’. You have the right to require us to stop or to limit any processing we are undertaking in respect of your personal data if we no longer have a valid reason to do so or if we have held it for too long.
This is not an absolute right but every request we receive will be considered carefully and we will respond accordingly (providing grounds for any decision we make).
Right to withdraw consent
You are free to withdraw any consent which you have given to us in relation to our use of your personal data at any time (for example, in relation to any Medicines Data). Please note that not all uses which we make of your personal data require your consent (for example, if we need to use that information in order to provide a service you have requested then we do not need your consent in order to do so). If you choose to withdraw consent in respect of Medicines Data then the Services will no longer function.
Right to complain
If you are unhappy about the way in which we have processed your personal data then you have a right to raise the issue or to lodge a complaint with the Information Commissioner’s Office – as noted above please see https://ico.org.uk/for-the-public/ for further details.
- By post: FAO Data Protection Officer, Rawdon House, Green Lane, Yeadon, Leeds LS19 7BY
- By email: email@example.com.
and we will consider your comments and respond accordingly.