Description of personal data processing in the Firstbeat Lifestyle Assessment service (“Service”) produced by Firstbeat Technologies Oy. This document contains information about the personal data processing as required by the EU General Data Protection Regulation (GDPR).
Firstbeat Technologies Oy (business ID 1782772-5), address Yliopistonkatu 28 A, 40100 Jyväskylä, Finland (“Firstbeat” or “Controller”).
“Client” is a person or organization who is in a contractual relationship with Firstbeat for Firstbeat to produce the Service, using personal and measured information from the Subject(s), who are defined by the Client. In a typical scenario the Client is an employer, whose employees are Subjects.
“Subject” is the person, whose information is used by Firstbeat to produce the Service, using pulse measurement data and other personal information about the Subject.
NOTES ABOUT THE CONTROLLER POSITION
For clarity: when the Service is produced by a partner of Firstbeat (person, company or organization, here “Service Provider”), for its own clients or employees, the Service Provider is the data controller in the sense of the personal data legislation and this description does not apply in such cases. In these cases, the Service Provider has acquired user permission for the Service and independently produces services from information of subjects defined by the Service Provider or its clients. The Service Provider is e.g. responsible for creating required personal data related documentation, informing the data subjects, ensuring the personal data handling is legal and fulfilling the other responsibilities of the data controller.
CONTACT PERSON FOR THE DATA CONTROLLER
The data Controller (Firstbeat) can be contacted by e-mail at firstname.lastname@example.org or by telephone at +358 (0)8 415 415 41. The contact person for information security matters is Antti Hämäläinen.
THE PURPOSE AND LEGAL BASIS OF PROCESSING THE PERSONAL DATA
The purpose of processing the personal data are the basic operation of the Service, including user support operations, collecting statistics regarding Service usage, and conducting scientific and market research.
The basic operation and purpose of the Service is to provide a personalized analysis on the effect of lifestyle factors on different aspects of well-being. The Subject’s personal qualities and measured heart beat analysis data are used to provide the Service. The Service typically includes an anonymized feedback report to the Client by telephone, or in person, regarding the general well-being of a group of Subjects (typically employees) as a whole. The Service may additionally include direct personal feedback to each individual Subject by a Firstbeat employee by telephone, or in person, which is possibly used to agree on action goals. The details of the Service are described, in detail, in the contract between the Client and Firstbeat. Personal data from or about individual Subject(s) will not be given to the Client. (Note: if the Subject is a person who buys the Service for him/herself, the Subject is also a Client and will naturally receive his/her own personal data.)
Typical support operations include, for example, delivering user account information or the private web link to the Subject.
Personal data may be used to inform of Firstbeat services, such as sending a newsletter or other ways of maintaining the customer relationship. The personal data of the Subject may be used to market a personal follow-up analysis following the applicable personal data legislation.
If the applicable legislation requires the Subject consent for processing some of the personal data described in this document (for instance, concerning health related data i.e. so-called special categories of data), the consent will be acquired using an appropriate method. This may be done for example by checking a separate consent check-box, making the choice in the technical settings of the service or website, or by another specific action or statement to signify consent. Declining consent may impact the ability to offer the specific service.
Log data of the service use or handling measurement devices is additionally saved in order to protect the legitimate interests of the Client, Firstbeat and the Subjects, for example in order to investigate possible security breaches or for example in order to be able to prove, that invoiced services have been delivered.
Personal data may be processed individually or together with Firstbeat’s and its subsidiary companies’ other personal data files. Firstbeat will keep an anonymized copy of data saved in the service for statistical and scientific research, such as for determining average reference values. Such statistical or scientific use of data is done using automated processes in such a way that data from an individual Subject cannot be identified during any stage of the process.
The legal justification for handling personal data is fulfilling the contract between the parties or the legitimate interest of the Controller, which is based on the relationship between the parties. The legal justification may also be the Subject consent, if the applicable legislation requires this.
THE PERSONAL DATA RETENTION PERIOD
Unless otherwise agreed, the personal data related to the measurement will be kept for 18 months after the last measurement to the Subject, as reference for possible follow-up measurements which belong to the service concept, and subsequently erased. If the Subject has given a separate consent for a longer term retention, the personal data may be kept longer accordingly.
DESCRIPTION OF THE GROUP OF DATA SUBJECTS
The personal data from participating Subjects is processed in the Service. In a typical case, the Client of Firstbeat is the organization represented by the Subjects, often an employer, and the Client determines the group of Subjects.
REGULAR DATA SOURCES
The Client provides Firstbeat the email address of each Subject. Each Subject is then emailed a personal web link to activate the Service.
The other personal data is provided by the Subjects themselves via the web interface and through the use of measuring devices. A representative of Firstbeat may additionally gather information from the Subjects when providing the Service.
If separately agreed, data may be collected in paper form from Subjects who do not have an email address.
Information will be also created analytically through Firstbeat’s own activities.
THE TYPE OF PERSONAL DATA
The database contains the following information (partial or complete) about the Subjects:
- Full name (first and last)
- Date of birth, gender, height, weight
- Activity class, maximum and resting heart rate, maximal oxygen consumption
- Information about chronic diseases and medication provided by the Subject
- Heart rate measurements and diary entries created by the Subject during the measurement period, e.g. alcohol consumption, current and recent illnesses and medications, self-documented events noteworthy of interest to the Subject.
- Contact information, e.g. address, email address and telephone number
- Information about the employer, e.g. name, contact information and personnel group
- Information about the use of the service
- Information about the consents of processing data in the service
- The results report with defined target actions created for the Subject based on the data analysis
The Subject may opt to use the Service anonymously with an unidentifiable user name. The e-mail address will be always saved (except in special cases when no e-mail address exists) and if the Service includes personal feedback, the telephone number is also saved.
PRINCIPLES OF DATA PROTECTION
Firstbeat follows the best practices for managing data, including appropriate technical and organisational measures as required by the personal data legislation. Firstbeat protects the data so that only the authorized personnel defined by Firstbeat, who are bound by confidentiality agreement, have access to the file and only for purposes related to their work. These Firstbeat authorized personnel may be Firstbeat employees or subcontractors.
Firstbeat ensures that all data systems and computer equipment are sufficiently protected with appropriate technical methods, including access control to physical premises, firewalls, passwords, personal user IDs and personnel security training.
The data is kept in information systems produced and controlled by Firstbeat and the data is handled with Firstbeat designed user interfaces. The Internet connection from the Subject web interface to Firstbeat is protected with encryption (SSL). The personal link to the data entry form, which the Subject uses to enter personal data, only works for a limited time and will expire soon after the measuring.
Any measuring devices, which may be transported by post, do not contain any personal data. The data they contain is only connected to personal data using a device ID when saving the data after the transport.
If Firstbeat uses third parties (subcontractors) for technical maintenance of the data, Firstbeat fulfils the responsibilities required by the data protection legislation related to subcontractors. In all cases, the data is kept in information systems governed by Firstbeat and neither Firstbeat nor subcontractors will save information in any other systems.
TRANSFER OF PERSONAL DATA
Personal data may not be transferred without the data Subject’s consent outside Firstbeat or its subsidiary companies in a manner that the data could be identified, except in following exceptional circumstances: if required by any ruling of a governmental or regulatory authority, court, or by mandatory law; or if it is otherwise necessary for the purposes of preventing, or investigating, any breach of law, user terms or good practices or to protect the rights of Firstbeat or a third party.
Personal data of the Subjects will not be given to the Client. The Client only receives average information about their Subject group’s wellbeing as a whole. The averages will not be provided if the number of Subjects is so small, that individual data could be recognized from the averages.
With the consent of the Subject, access to personal data may be given to a third party providing health care to the Subject.
Personal data is primarily stored on Firstbeat servers located in the EU and will not be transferred to countries outside the EU or the EEA, unless otherwise separately agreed. Data may be temporarily transferred outside the EU or the EEA if it is necessary for the technical implementation of the service or personal data processing, such as when sending service related information to the Subject’s email address, which is located on a foreign email server. The Subject may also use the Service with a device outside the EU or the EEA, and in such cases, the data is visible on that device while using the Service.
THE RIGHTS OF THE DATA SUBJECT
The data Subject has the rights according to the personal data legislation applicable in Finland, including the EU General Data Protection Regulation (GDPR), to inspect his/her personal information, change or request to change his/her information and under some circumstances, the right to request erasure of personal information. Therefore, the Subject has the right to request the Controller to correct inaccurate or incorrect personal information without unnecessary delay. The Subject has the right to request erasure of his/her information without unnecessary delay, for example when the personal data is no longer required for the original purposes, the personal data has been processed unlawfully, or the Subject withdraws consent to the processing and when there is no other legal ground for the processing.
The Subject has the right to request the Controller to limit the processing in certain situations, including when the Subject denies the information being accurate or the processing is illegal. Under some circumstances the Subject also has the right to object to the processing.
The Subject may, under some circumstances, have the right to request transferring the personal data from one system to another. Whenever the legal justification for processing the personal data is consent, the Subject also has the right to withdraw the consent at any time.
The Controller wishes that any disputes concerning the processing of personal data are primarily resolved in a conciliatory manner between the parties. If such a dispute cannot be resolved in a conciliatory manner, the Subject has the right to lodge a complaint to the authorities responsible for personal data protection.
Any requests to inspect, modify or erase the personal data shall be indicated to Firstbeat in person, or by a signed letter or similarly verified document, so that Firstbeat can confirm the requestor has the right to make such a request. The request can be made with e-mail, if using the e-mail address registered when using the service. Firstbeat may need to identify the Subject and ask for additional information in order to fulfil this kind of requests.
This description of the personal data processing has been updated 6.6.2018. Firstbeat follows the changes in legislation and regulator instructions related to personal data processing and develops the service further and will therefore reserve the right to make changes to this description.