LUMINA HEALTH PRIVACY NOTICE

1. General terms

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Purpose of this privacy notice

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Lumina Health Limited, including each of its affiliates and subsidiaries (collectively, "Lumina Health", "we", or "us") respects your privacy and is committed to protecting your personal data. This privacy notice explains how we collect and process the personal data that you provide to us through your use of our website located at https://www.luminapain.com (Website), our mobile application downloaded and stored on your device (App), our communications, or any of our services (including the Lumina Health diagnostic aid).

Where we refer to “personal data”, it means “personal data” as defined in the General Data Protection Regulation 2016/679 (GDPR) (EU), “personal information” as defined in the Protection of Personal Act 4 of 2013 (POPIA) (South Africa), and other definitions of personal data or personal information within the Data Protection Laws. Please see the Glossary below that gives the meaning of some of the terms used in this privacy notice. This privacy notice applies in addition to any other agreement that you might enter into with us.  

We are the Controller in respect of the personal data that we collect and process through our Website and App, which means that we are responsible for deciding how we hold and use it. We may in certain circumstances also be a Processor, for example where we are providing services to a healthcare provider in terms of a contract that they have entered into with us.

We are required under Data Protection Laws to notify you of the information contained in this privacy notice. It is important that you read and retain this notice so that you are aware of how and why we are using your personal data and what your rights are under Data Protection Laws.

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Contact details

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If you have any questions about this privacy notice or would like to enforce any rights that you may have under Data Protection Laws, please contact us at:

info@luminapain.com

Address (UK): Bank House, 81 St Judes Road, Englefield Green, Surrey TW20 0DF, United Kingdom

Address (SA): 10 Karee Lane, Stilbaai 6674, Western Cape, South Africa

If you believe we are using your personal data unlawfully, please contact us in the first instance. You have the right to make a complaint at any time to the applicable supervisory authority for data protection issues, such as the Information Regulator (South Africa – details below), the Information Commissioner’s Office (UK), or other relevant supervisory authority within the EU or elsewhere.

Information Regulator

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

P.O Box 31533, Braamfontein, Johannesburg, 2017

Tel No. +27 (0) 10 023 5200, Cell No. +27 (0) 82 746 4173

Complaints email: complaints.IR@justice.gov.za

General enquiries email: inforeg@justice.gov.za

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Changes to this privacy notice and your duty to inform us of changes

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We keep this privacy notice under regular review. This version was last updated in September 2022. We reserve the right to update this privacy notice and we will provide you with a new privacy notice when we make substantial updates. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

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Third-party links and service providers

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Our Website, App, communications and services may, from time to time, contain links to and from third party websites, plug-ins, applications and services. Clicking on those links, enabling those connections or taking up those services may allow third parties to collect or share data about you. We do not control these third-party websites and services and are not responsible for their privacy statements. We encourage you to read the privacy notice of every website you visit or service you make use of.

Your personal data may be shared with the service providers that use our Website and App to provide services to you. We do not control these service providers and are not responsible for their privacy statements, which we encourage you to obtain and read.

2. The data we collect about you

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Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data (e.g., first name, last name, identity number or passport number, practitioner code, medical practice registration number, username or similar identifier, title, date of birth and gender.
• Contact Data (e.g., billing address, physical address, email address and phone numbers).
• Financial Data (e.g., payment card details).
• Transaction Data (e.g., details of products or services you have purchased from us or from service providers).
• Technical and Device Data (e.g., internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions and operating system and platform; it may also include other data on the device you use to access our Website or App, e.g.: the type of mobile device you use, your mobile network or carrier information, your mobile application identifier, and push status as well as content data stored on your device including login information).
• Profile Data (e.g., your username and password, preferences, feedback and survey responses).  
• Usage Data (e.g., information about how you use our Website, App, products and services).
• Marketing and Communications Data (e.g., your preferences in receiving marketing from us and your communication preferences).
• Location Data: (e.g., your current location disclosed by GPS technology).

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We also collect, use and share Aggregated Data such as statistical or demographic data for other purposes including research and analysis. Aggregated Data could be derived from your personal data but is not considered personal data under Data Protection Laws as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website or App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

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We do not knowingly collect data relating to children under the age of 18, other than those circumstances where a parent or legal guardian provides this data on behalf of their children or consents to our processing.

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We do not collect any Criminal Convictions Data (personal data relating to criminal convictions, offences, allegations and proceedings). We do not generally collect Special Categories of Personal Data (this includes information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data). However, we may collect and process specific Special Categories of Personal Data about you that are relevant to the services that we provide to you or that a service provider may provide to you for the purposes described below. We also identify and document the legal ground and specific processing condition relied on.

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Direct interactions. You may give us your Identity, Contact, Financial and Marketing and Communications Data by filling in forms or by corresponding with us by email, phone or otherwise. This includes personal data you provide when you use our Website or App, subscribe to our marketing and other communications, give us feedback or contact us. It also includes information you provide when you download or install our App or provide information via a diagnostic aid or onboarding form.

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Automated technologies or interactions. We will automatically collect Technical and Device Data and Usage Data about your equipment, browsing actions and patterns as you interact with our Website or App. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookies Notice for further details.

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Third parties or publicly available sources. In some instances, we may collect personal data from third parties, some of which may be based outside of the country in which you are based. We will only collect personal data this way where such information is publicly available or for legitimate business purposes, for example Technical and Device Data from analytics providers such as Google or distribution platform providers such as Apple.

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Location Data. Certain of our services make use of Location Data sent from your devices. If you use the services that require us to make use of your Location Data, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your Location Data and queries to provide and improve location-based products and services. You may withdraw your consent and turn off this functionality at any time by disabling the location services settings on your device. If you do so, please note that some parts of our Website or App may become inaccessible or not function properly.

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4. Cookie Notice

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Our Website and App use cookies to distinguish you from other users. This helps us to provide you with a good experience when you browse our Website or App and also allows us to improve it. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you block all cookies (including essential cookies) you may not be able to access all or parts of our Website or App. For more information about the cookies we use, please see our Cookies Notice.

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5. How we use your personal data

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We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the services or contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Please see the Glossary to find out more about the types of lawful basis that we will rely on to process your personal data. Generally, we do not rely on consent as a legal basis for processing your personal data other than for the processing of Special Categories of Personal Data or the consents required when using our App. We will also get your consent before sending marketing communications to you. In this respect, please see the Marketing section below.

Purposes for which we will use your personal data

We have set out below, in a table format, a non-exhaustive description of the ways we plan to process your personal data and which of the lawful bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. We may process your personal data on more than one lawful ground.

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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. We may also process your personal data without your knowledge or consent where this is required or permitted by law.

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Marketing

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You will receive marketing communications from us if you have given us your consent. We will not share your personal data with any third party for marketing purposes. You can withdraw your consent at any time by contacting us or by following the opt-out links on any marketing message sent to you.

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6. Disclosures of your personal data

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When you consent to providing us with your personal data, you also consent to share your personal data with certain third party suppliers. We will only share your personal data for our legitimate business purposes relating to our business activities. We require all third parties to respect the security of your personal data and to treat it in accordance with Data Protection Laws. We do not allow our third party suppliers 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. Examples of third parties that we may share your personal data include:

• Suppliers such as technology companies in the United States that provide analytics or payments services.
• Professional advisers such as lawyers and accountants based in the UK or South Africa that provide legal and accounting services.
• Regulators such as the Information Commissioner’s Office (ICO) in the UK or Information Regulator in South Africa that may require reporting in certain circumstances.
• Service providers in the country in which you are based that use our Website and App to provide services directly to you.
• Other companies in the Lumina Health group based in South Africa that provide customer and technical support services.

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International transfers

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Some of our third parties, for example hosting and analytics suppliers, may be based outside of the country are based, so their processing of your personal data will involve a transfer of data. Whenever we transfer your personal data internationally, we ensure a similar and adequate degree of protection is afforded to it by ensuring safeguards are implemented, for example:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data (for example, by the Information Regulator or the European Commission).
• Where we use certain suppliers, we may use specific standard contracts which give personal data the necessary level of protection (for example, model clauses approved by the European Commission).  

Please contact us if you want further information on how we transfer your personal data internationally.

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7. Data security

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We have put in place appropriate security measures to prevent your personal data from being accidentally lost, falsified, used or accessed in an unauthorised way, altered or disclosed. All information you provide to us is stored on our or our suppliers’ secure servers. 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. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

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8. Data retention

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We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. 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 regulatory, tax, accounting or other requirements. In some circumstances we will 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.

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9. Your legal rights

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Under certain circumstances, you have rights under Data Protection Laws in relation to your personal data and to check that we are lawfully processing it. Your rights include those listed below.

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.

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.

Request erasure of your personal data. This enables you to ask us to delete your personal data, but only in specific circumstances, for example where the personal data is no longer necessary in relation to the purpose for which it was originally collected or processed. It may not always be possible for us to delete all of the information we hold about you if you request this, for example if we have an ongoing contractual relationship with you.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party). 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 specific circumstances, for example while we are reviewing the accuracy or completeness of data or deciding whether any request for erasure is valid.  

Request the transfer of your personal data. The right to data portability means you have the right to receive, move, copy or transfer your personal data to another Controller, when we are processing your personal data based on consent or on a contract and the processing is carried out by automated means.

Withdraw consent at any time where we are processing your personal data based on consent. If you withdraw your consent, we may not be able to provide certain 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 using the contact details stated above.

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10. General

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Automated decision-making. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

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 you r request is clearly unfounded, repetitive or excessive. Alternatively, we could 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 the information (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.

Time limit to respond. We try to respond to all legitimate requests as soon as is reasonably practicable and in any event within the statutory time-limits. It could take us longer 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.

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11. Glossary

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Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Consent means when an individual gives consent which is freely given, specific, informed and is an unambiguous indication of their wishes. It is done by a statement or by a clear positive action in respect of the processing of any personal data relating to them.

Controller (known as the “Responsible Party” in POPIA) means an organisation that determines when, why and how to process personal data. It is responsible for establishing practices and policies in line with Data Protection Laws.

Data Protection Laws means the GDPR, POPIA, the UK’s retained EU law version of the GDPR as implemented by the Data Protection Act 2018 (UK GDPR), and other data protection or privacy laws or regulations applicable to you and/or Lumina Health.

Legitimate interest means the interest of our business in conducting and managing our business. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you unless we have your consent or are otherwise required or permitted to by law. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Processing or process means any activity that involves the use of personal data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring personal data to third parties.

Processor (known as the “Operator” in POPIA) means an organisation that processes personal data on behalf of a Controller. It is also responsible for establishing practices and policies in line with Data Protection Laws and its contractual obligations with Controllers.

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