Immersively.care (“us”, “we” or “our”) provides this Privacy Policy (“Policy”) to inform you ("You") of our policies and procedures regarding the collection, use, and disclosure of personally identifiable information we receive when you, as a user –

• Visit immersively.care (including any subdomains of this website or other websites owned by us or operated on our behalf) (the “Website”);
• Using our virtual meeting platform (the “Application” or “Service” or “Product”).
• use any part of our services via the Website (the “Services”);
• use any part of our software (the “Software”, and collectively with the Website, the Application, the Services, and any other product or service we provide, the “Product”).
• Our registered office is DigIntu Tech, Hermanova 61, 17000 Prague, Czech Republic, and our registration number is CZ05233518.

It is clarified that this Policy refers to personally identifiable information we receive from any of our Services, thus not all of the Policy’s provisions necessary apply to both Website and Application.

Your privacy is important to Immersively.care.

We wish to make sure you know how we collect, use, share and store your personal data when you use the Product.

By using the Application, the Services, or the Software, you consent to the privacy practices described in this Policy.

Our Services are for general audience and are neither designed nor intended to collect personally identifiable information from children or minors. We do not knowingly collect personally identifiable information of persons below the age of 18. If you become aware that someone under the age of 18 has provided us with personally identifiable information, please contact us.

This Policy covers our collection, use, and disclosure of your information through the Product and the Website. It does not cover any collection, use, or disclosure by third parties through any applications, websites, products, or services that we do not control or own, such as Mixpanel, Google, or any third-party features or services made available via the Product or the Website.

Notes

Please note: if your use of the Product or any of the Services is pursuant to an invitation from, or subject to a license purchased by, a customer of ours which is an organization with which you are affiliated or connected (an “Organizational User”), the Organizational User is the Controller or Owner of your personally identifiable information. In such case, we are merely a processor of the personally identifiable information on behalf of the Organizational User. Your data as an end-user will still be collected and processed as described hereunder. However, in those cases, your information is under the responsibility of the Organizational User, and any inquiry or complaint regarding your personally identifiable information should be addressed directly to it.

Please note: this Privacy Policy does not apply to the Personal Information we may collect about our customer’s patients and clients (“Clients”) in the context of providing the Services. Our treatment of Client Personal Information is governed by our agreements with our customers, including our Terms of Service.

We do not have direct relationships with the Clients of our customers. If we receive any inquiries or requests from Clients about their Personal Information, we will direct those inquiries or requests to the relevant customer.

If you are a Client of one of our customers, we may retain your Personal Information on behalf of that customer. If you have questions about how we process your Personal Information, we encourage you to reach out to the appropriate customer. We may send any inquiries that we receive directly from you about our use of your Personal Information to that customer.

Information That We Collect

As part of using any of our Services, the following information may be collected and processed by us:

• your personally identifiable information, including contact and registration information such as your name, your organization’s name, email address to make sure your account is completely personalized, as well as information such as phone number.
• payment details in order to process payments if you make any purchases.
• health data such as: Heart Rate (BPM), Oxygen Saturation (SpO2%), Respiration (BPM), Stress level and heart rate variability (HRV-SDNN), and other calculated and related data to track and maintain your historical measurement data.
• behavioral data such as: Facial Expressions, Eyes Gase, Emotions, Affects, Attention, Arousal, Valence, and Interest.
• audio, video, in-meeting messages, chat messaging content, transcription, and translation of virtual meetings.
• contact info per any “Contact Us” form or “Newsletter Subscription” on the Website.
• technical information related to you, such as IP addresses, browser information, mobile device information etc.
• certain marketing or analytics or usage data, such as Cookies, Pixels, etc.
• aggregated information such as statistical or usage data for any purpose. Such aggregated and statistical data may be derived from your personally identifiable information but does not reveal your identity.

We will ask for Your separate permissions to enable Your camera and microphone. If You change Your mind, You will be able to revoke the given permission any time afterward by changing settings on Your Device or by e-mailing your request to legal@immersively.care. However, please note that rejecting or switching off this permission might negatively affect the use of our Application or even affect its full functionality.

We will only collect health and behavioral data after receiving your explicit consent during each session inside our Application. Your client's consent is also necessary for any collection of their data. 

We collect and process most health and behavioral data using our own technology within the Application and the information never leaves Your device.

We pay special attention to Your data protection rights making sure that your data protection rights are not overridden by our legitimate interests.

These legitimate interests are: (a) to ensure effective administration and management of Your relationship with us; (b) to understand how You use our Application and Services and how we can improve the customers' usage experience; (c) understand and respond to Your feedback; (d) to prevent, detect, or investigate unauthorised use of our Services; (e) ensure we comply with law and our policies; (f) anti-fraud reasons; and (g) manage any disputes and accidents and take legal or other professional advice.

Contractual necessity covers information that is processed by us in order to provide You with service that you have requested – and that we have agreed – to provide to You.

Some information is collected through cookies or by third party providers as explained further. We shall not associate collected IP address or device ID with other information about You, as e-mail, address, or other identifying data specified hereinabove.

As the Application functionality is based on face and voice detection, in order to use our Application You need to enable Your camera and micro. However, all images and voice records taken by Your device camera or micro shall be processed solely on your device and shall not be sent to our servers or any third party, i.e. we do not have access to such images or voice records (we will not collect, share or store them).

The Application face detection algorithms used within the processing of Your images are not able to identify a specific person and, therefore, generally cannot be considered as collecting biometric information. However, in case the applicable law stipulates that images captured by the camera are considered as biometric identifiers, biometric information, or similar legal category, hereby you express Your informed written consent on their processing as described in this Policy.

When using our Application we do not collect information, which identifies or allows us to identify You directly (i.e. with no additional information about You), unless you voluntarily provide us with such data (in particular, when communicating with our support team, leaving feedback about your experience with the Application) or when certain parts of our Services ask you to provide personal information voluntarily.

If you leave Your email we may send you our updates (marketing communications) unless you opt-out receiving these messages from us by clicking “UNSUBSCRIBE” inside the message

In case we start collecting other categories of Your personal data, we shall first explain why we collect it and ask for your express consent for such collection and further processing.

Information That Third-Parties Collect

For the purposes of attribution and tracking the performance of our advertising campaigns and applications, including their effectiveness and usage, we engage advertising and analytics third-party providers (hereinafter – Providers), currently the following Providers are being engaged:

MixPanel - Privacy Terms

Rewardfull - Privacy Terms

Google Analytics - Privacy Terms

Stripe - Privacy Terms

The list of open-source licenses used is given below. The lists of Providers and open-source licenses used may be amended from time to time, please refer to this Privacy Policy to obtain up-to-date information. 

We also use various third-party cookies to help us improve our website. Cookies are filled with a small amount of data, which are placed on Your computer by websites that you visit. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies are stored on your computer’s hard drive.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some options of our Service (more details are set out in our Terms and Conditions).

The Purposes of processing Personally and Non-Personally Identifiable Information

Personally identifiable information may be used for the following purposes:

• to provide you with any of our Services, including the Product and the Application,
• to administer your use of the Product and any accounts you may have with us, to personalize your experience,
• to monitor and analyze your use of the Product or any of the Services,
• to improve your user experience and help you track your wellness, health, or experience.
• to provide you with Product announcements,
• to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials,
• on behalf of and according to instructions of a third party, such as our advertising partners,
• to enforce our terms of use, including managing the licensing of the Product,
• to comply with court orders and warrants, assist law enforcement agencies, collect debts, prevent fraud, misappropriation, infringements, identity thefts, and any other misuse of the Service, and take any action in any legal dispute or proceeding.
• to improve the Website, the Product, and their accuracy.
• to contact you as per your request, manage our correspondence with you, and provide you with customer service,

We use information that is not personally identifiable for the above purposes and for:

• the technical administration of the Website,
• collecting and analyzing the use of the Website,
• improving the Website, the Application, and any of the Services,
• generating and deriving useful data and information concerning the interests, characteristic use behavior of our users,
• verifying that users of the Application meet the criteria required to process their requests, and
• Using the Aggregated Data as described herein.

We combine certain personally identifiable information with non-personally identifiable information in order to allow us to create information packages and services that are better tailored to your interests and preferences. Among other things, linking this information may allow us generally to improve and personalize the Website and the Application. The Combined information is always treated and handled by us as part of your personally identifiable information, as it allows us to link the information to you.

If you purchase or use our Application or Services via the Website, we may use your personally identifiable information, as applicable, and (where applicable) payment information for purposes that include but are not limited to:

• verifying your credentials;
• verifying your usage of the Application and/or Services in accordance with the terms and conditions of your agreement with us;
• providing maintenance and technical support;
• providing information about product upgrades, updates, and renewals;
• generating logs, statistics, and reports on service usage and service performance;
• developing and enhancing products and services;
• processing orders and generating billing information.

We will use collected information in order to contact you if necessary, including, but not limited to, sending you reminders and notices about the Application, sending commercial and marketing information about our Service, contacting you when you are using wrong paths to access the Website or are breaching restrictions on the use of the Website. If you decide at any time that you no longer wish to receive such announcements, information, or offers, please follow the unsubscribe instructions provided in the communication. We may also use this information to block IP addresses where there is a misuse of the Website.

Sharing data

We will only process and use your Personally identifiable information when the law allows us to, i.e., when we have a lawful basis for such usage (in terms of the GDPR and HIPAA). Such lawful and legal basis can be any of the following:

• Processing actions related to your requests or carrying out our obligations arising from any contracts entered between you and us. For example, providing you with our Services per your demand or purchase, or contacting you per contact form filled by you;
• Our use of your information is necessary to meet responsibilities we have to our regulators, tax officials, law enforcement, or otherwise meet our legal obligations;
• Our use of your information is in our legitimate interest as a commercial organization. For example, to operate and improve our Services and keep people informed about our Products and Services. In these cases, we will look after your information at all times in a way that is proportionate and respects your privacy rights, making sure our legitimate interest is not overridden by your interests or fundamental rights and freedoms.

Although the Application technically requires your consent, we do not rely on consent as a legal basis for processing your personally identifiable information. Yet, in any case, in which you have provided your consent to our processing of your information, you can withdraw this consent at any time by contacting us through the contact details provided above.

We do not sell, rent or lease your personally identifiable information.

We cannot provide all Services by ourselves. We must, therefore, share collected information with third parties for the purposes described above. We also reserve the right to disclose Your information (including personally identifiable information) when we are legally required to do so, to disclose your information in an anonymous and aggregated manner, meaning You could not be personally identified from it.

Your information may become available for the following categories of recipients:
(a) the companies being in the same corporate group with us;
(b) data storage, networking, and security providers;
(c) advertising and analytics third-party providers;
(d) providers assisting us with client support;
(e) any other providers assisting us with delivering and improving the Services.

We may also share Your data when it is required by law and/or any regulatory authority. In such circumstances, we will expressly inform the recipient of the confidential nature of the data shared.

Our third-party providers with whom we share Your data or which directly collect such data via integration with the Application may be located in non-EEA, where data protection and privacy regulations may be different from Your home country and offer even lower levels of protection. You acknowledge such transfer and processing of Your data out of EEA to the countries where data protection and privacy regulations may be different from Your home country and offer even lower levels of protection. To safeguard Your interests when transferring Your personal data out of EEA, we will conclude with all out-of-EEA recipients standard data protection clauses adopted by the European Commission or our supervisory authority, as per their privacy terms.

All third parties with which We share Your data only get the minimum amount of data that is reasonably required in order for them to provide their service to us and therefore to You. The use of the shared information by such third parties is strictly limited to the purposes of processing outlined above and is not permitted for any other purpose. All third parties with which we share Your data are required to protect such data in accordance with all relevant laws and regulations and in a manner similar to the way we protect the same.

We will not share Your data with third parties which are considered as not being able to provide its clients and potential clients with the required level of protection.

YOU FURTHER ACKNOWLEDGE THAT WE DO NOT CONTROL OR OPERATE THE SERVICES OF OUR SERVICE PROVIDERS WHICH ARE NOT PART OF OUR ORGANIZATION (SUCH AS HOSTING OR PAYMENT PROCESSING SERVICES), NOR DO WE CONTROL ORGANIZATIONAL USERS. WE SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO OR IN CONNECTION WITH THE USE, TRANSFER, OR RETENTION OF INFORMATION BY SUCH SERVICES PROVIDERS OR ORGANIZATIONAL USERS, OR THE FAILURE OF SUCH PARTIES TO COMPLY WITH THIS PRIVACY POLICY OR ANY LAW OR REGULATION.

Your rights

We respect the privacy rights of our users, and to the extent required by applicable law, will make reasonable commercial efforts to allow You to access, correct, object to the processing of, delete or port any of Your personal data, provided that we are able to properly verify Your identity and link it to any personal data in our possession. With respect to Your personal data we process (if any) You have the right:

(a) to obtain from us the information regarding our processing of Your personal data;
(b) to obtain from us without undue delay the rectification of inaccurate personal data concerning You;
(c) to obtain from us the erasure of Your personal data (Your ‘right to be forgotten’);
(d) to restrict our processing of Your personal data, when it is permitted under applicable law;
(e) to object processing Your personal data where we are processing Your personal data: based on our legitimate interests (as set out above). If you ask us to stop processing Your personal data on this bases, we will stop processing Your personal data unless we can demonstrate compelling grounds as to why the processing should continue in accordance with data protection laws; and for direct marketing purposes. If You ask us to stop processing Your personal data on these bases, we will stop;
(f) to obtain from us Your personal data in a structured, commonly used and machine-readable format and to transmit those data to another controller without any obstacle on our side;
(g) to withdraw your consent, where we are relying on consent to process your personal data;
(h) to lodge a complaint against us with a supervisory authority for GDPR purposes.
Please contact us via legal@immersively.care to execute any of the rights as stated above.

Protecting children privacy

We do not knowingly collect or process personal data from or with respect to children under the age of 18, and you must be 18 years of age or older in order to use the Application.

If you are a parent or legal guardian and believe that Your child under the age of 18 has submitted his or her personal data or other data without Your consent, permission, or authorization – please let us know immediately, and we will promptly act to remove Your child’s data from our database, cease the use of such data and inform any other party we suspect to have access to such data to do the same.

Period of processing

Personal and user data are retained for as long as we need to deliver services to You unless we have a basis to further process your data as described hereinabove.

If you request the erasure of Your data, You delete your account or You unsubscribed from our marketing communications we erase your data from our servers and request our providers to do the same within 30 days upon your request.

With respect to non-personal data We are not limited by any particular retention period.

Privacy policy updates

We may update this policy from time to time. If you choose to opt in to email notifications by email, you will be informed when changes take place. Whether or not you chose to receive notifications via email, our website will indicate when the policy has been altered. You may access the current version at any time by clicking on the “Privacy Policy” link at the footer of our website. Your continued use of the Website, Service, Application, or Products, thereafter, serves as binding confirmation that you agree with such changes.

Questions and complaints

 If You have any requests concerning your personal information or any queries with regard to this Privacy Policy or if You consider that our collection, usage, disclosure and/or storage of Your personal information violate any applicable data protection laws we are bound by, please feel free to contact us via legal@immersively.care. We will consider Your requests within a reasonable time and provide You with an answer.