Skin Analytics Limited

Terms and Conditions of Business

1. Basis of Contract

  1. a)       We are Skin Analytics Limited (we, our or us), a company registered in England under company number 07919560 and with our registered office at Salisbury House, Station Road, Cambridge, CB1 2LA.
  2. b)     These terms and conditions (Terms) form the basis of the legal relationship between you and us under which we agree to provide you with a triage service to decide whether you need onward referral for moles you are concerned with (the Services).
  3. c)       These Terms create the contract between us for the Services. They will become binding on you and us when we issue you with a written acceptance (including by email) of your order for the Services.
  4. d)     YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE PROVISIONS OF THE PRIVACY POLICY IN CLAUSE 8 OF THESE TERMS.

2. Supply of Services

  1. a)       The Services are provided to you by us thanks to a contract in place between us and various providers of healthcare such as GPs, Insurers and Pharmacies (Healthcare Providers).
  2. b)     The Services are comprised of:
  3.       The website skin-analytics.com (Website);
  4.       The iPhone or Android smartphone application (App); and
  5.       The provision of review of mole images by trained dermatologists (Dermatologists).

The Services provided to you depend on your Healthcare Provider

  1. a)       Physical GPs
  2.       You visit your Healthcare Provider who will set up an assessment in our Website and use our App to capture images of your moles;
  3.       Our dermatologists will assess the image and recommend a care pathway which is delivered as a report to your Healthcare Provider; and
  4.       Your Healthcare Provider will arrange for your onward care as appropriate.
  5. b)     Remote GPs:
  6.       You visit your Healthcare Provider who will set up an assessment in our Website.
  7.       You will create an account on our Website
  8.       We will mail you a kit which allows you to use our App to capture images of your moles;
  9.       Our dermatologists will assess the image and recommend a care pathway which is delivered as a report to you; and
  10.       You will be referred on for additional treatment if required.
  11. c)       Pharmacies:
  12.       You visit your Healthcare Provider who will set up an assessment in our Website and use our App to capture images of your moles;
  13.       Our dermatologists will assess the image and recommend a care pathway which is delivered as a report to you; and
  14.       You are responsible for taking the actions recommended in this report.

3. Disclaimer of Services

  1. a)       The Service provides you with an assessment of the moles you’re worried about, and can help to identify any that might be suspicious
  2. b)     The Service doesn’t provide a diagnosis of skin cancer, but our dermatologists analyse the moles and can help identify any suspicious moles that might need further investigation.
  3. c)       You are responsible for ensuring images uploaded are of good quality. Failure to do so may result in the Services being less effective
  4. d)     Our ability to provide the Services effectively may be compromised where you upload images containing raised lesions, where lesions are obscured by large amounts of hair or where there is not a reasonable level of contrast between the colour of a lesion and your normal skin tone.
  5. e)     Where you receive an email notification of a potential change from us, you are advised to review your digital images on the basis that the technology we may use may have alerted you in error. If, following your own review of the images, you are still concerned, you should always visit an independent medical professional for advice. The Services are not a substitute for a visit to a medical professional, and you should not delay seeking medical advice or disregard medical advice you have received on the basis of the Services.

4. Charges and Payment

  1. a)       Charges and payment terms for our services will be set out in our contract with Healthcare Providers. Patients do not pay Skin Analytics directly for our services.

5. Obligations

  1. a)       We will use reasonable endeavours to perform the Services in all material respects. We reserve the right to make changes to the Services if required for technical or legal reasons, provided that such changes do not materially affect the Services.
  2. b)     If changes are required which materially affect the Services, we will notify you promptly and you will have the ability to cancel the contract.
  3. c)       You will co-operate with us in all matters relating to the Services, provide us with such information and materials as we may require to perform the Services.

6. Limitation of Liability

  1. a)       Nothing in these Terms shall limit or exclude our liability for:
  2.       death or personal injury caused by our negligence;
  3.       fraud or fraudulent misrepresentation; or
  4.       for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
  5. b)     The Services are not to be used for commercial or business purposes, and are for personal use only. We shall therefore not be liable for any pure economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss; wasted management, operational or other time. We shall not be liable for any unforeseeable special, indirect or consequential losses.
  6. c)       Our total liability under or in connection with the contract (whether in contract, tort, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused shall in no circumstances exceed the Fees actually paid by you to which the loss relates.
  7. d)     Except as set out in these Terms, all warranties, other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

7. General

  1. a)       Neither party shall be liable to the other for any failure to perform its obligations under these Terms where such performance is delayed or prohibited by events that are beyond its reasonable control.
  2. b)     Neither party may assign its obligations under these Terms without the other’s consent.
  3. c)       Any notice given under these Terms shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post or e-mail.
  4. d)     These Terms constitute the entire agreement between the parties. If part of these Terms is invalid, illegal or unenforceable, that provision or part-provision shall be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
  5. e)     We have the right to revise and amend these terms and conditions from time to time
  6. f)       Nothing in these Terms creates a partnership or joint venture of any kind between the parties.
  7. g)       A person who is not a party to this contract shall not have any rights under or in connection with it.
  8. h)     These Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England.
  9. i)       The Privacy Policy shall survive termination of the contract between us.

8. Privacy Policy

Skin Analytics is committed to safeguarding your privacy. Contact us at support@skinanalytics.co.uk if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.

By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy.

This Privacy Policy is a part of our Terms and Conditions; by agreeing to Terms and Conditions you also agree to this Policy. In the event of collision of terms used in Terms and Conditions and Privacy Policy, the latter shall prevail.

Table of Contents

  1.     Definitions used in this Policy
  2.     Data protection principles we follow
  3.     What rights do you have regarding your Personal Data
  4.     What Personal Data we gather about you
  5.     How we use your Personal Data
  6.     Who else has access to your Personal Data
  7.     How we secure your data
  8.       Data retention
  9.     Information about cookies
  10. Contact information

Definitions

Personal Data – any information relating to an identified or identifiable natural living person.

Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.

Data subject – a natural living person whose Personal Data is being Processed.

Child – a natural living person under 16 years of age.

We/us (either capitalized or not) – Skin Analytics

Purpose – Processing is limited to the purpose of providing a skin cancer check service

Data Protection Principles

We promise to follow the following data protection principles:

  •   Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
  •   Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
  •   Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
  •   Processing is limited with a time period. We will not store your personal data for longer than needed.
  •   We will do our best to ensure the accuracy of data.
  •   We will do our best to ensure the integrity and confidentiality of data.

Data Subject’s rights

1)      The Data Subject has the following rights:

2)      Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.

3)      Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.

4)      Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.

5)      Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.

6)      Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.

7)      Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.

8)      Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.

9)      Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.

10)   Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.

11)   Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.

12)   Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.

Data we gather

Information you have provided us with

This might be your e-mail address, name, billing address, home address etc – mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We only collect this information when you expressly provide it to us in a contact form or similar. 

Information automatically collected about you

This includes information that is automatically stored by cookies and other session tools. For example, pages visited on our website, your IP address, your shopping history (if there is any) etc. This information is used to improve your customer experience. When you use our services or look at the contents of our website, your activities may be logged. More information about cookies and how we use them check out our cookie policy: https://skin-analytics.com/toc/#cookie

Information from Healthcare Providers

We gather information from Healthcare Providers with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds. See the list of our partners here.

How we use your Personal Data

We use your Personal data under the Legal Bases of: Contract, Legitimate Interest and Consent. We use your Personal Data in order to:

  •   provide our service to you. This includes for example registering your account; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.
  •   enhance your customer experience; and
  •   fulfil an obligation under law or contract.

On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

  •   to identify you;
  •   to communicate in response to your queries
  •   to provide you a service or to send/offer you a product; and
  •   to communicate either for sales or invoicing.

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

  •   to send you personalised offers (from us and/or our carefully selected partners);
  •   to administer and analyse our client base (purchasing behaviour and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
  •   to conduct questionnaires concerning client satisfaction; and
  •   to provide accurate well thought our answers to your queries.

With your consent we Process your Personal Data for the following purposes:

  •   to send you newsletters and campaign offers;
  •   to use anonymously any of the images and data that you upload to the Website and/or App for the purposes of medical, clinical and commercial research; and
  •   for other purposes, other than the Service, for which we have asked your consent for.

We Process your Personal Data in order to fulfil obligations rising from law and/or use your Personal Data for options provided by law. We reserve the right to completely anonymise Personal Data gathered and to use any such anonymised data. We will use data outside the scope of this Policy only when it is anonymised.

We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

  •   the link between purposes, context and nature of Personal Data is suitable for further Processing;
  •   the further Processing would not harm your interests and
  •   there would be appropriate safeguard for Processing.
  •   We will inform you of any further Processing and purposes.

Who else can access your Personal Data

We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. Data we share with partners is solely used to assist us to deliver information or a service that you have commissioned us for. We share your data with:

Healthcare Providers:

  •   Vitality Health
  •   About Health
  •   NHS CCG’s
  •   Superdrug

Connected third parties:

  •   Mailchimp
  •   Pro4People
  •   Subcontracted Dermatologists

We only work with Processing partners who are able to ensure adequate level of protection to your Personal Data (GDPR Compliant). We disclose your Personal Data to third parties or public officials only when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.

How we secure your data

We do our best to keep your Personal Data safe.  We use safe protocols for communication and transferring data (such as HTTPS). We use anonymising and pseudonymising where suitable. We monitor our systems for possible vulnerabilities and attacks. We have a Senior Information Risk Officer (SIRO) who regularly reviews our security to ensure we meet best practice requirements.

Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username and password secret.

Data retention

We will retain your personal data in line with legal requirements to maintain medical records.

Children

We do not intend to collect or knowingly collect information from children. We do not target children with our services.

Cookies and other technologies we use

We use cookies and/or similar technologies to analyse customer behaviour, administer the website, track users’ movements, and to collect information about users. This is done in order to personalise and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

  •   Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
  •   Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
  •   Analytics cookies – these cookies are used to track the use and performance of our website and services
  •   Social Media cookies – We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Twitter and LinkedIn, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.

Contact Information

https://skin-analytics.com/contact-us/

Changes to this Privacy Policy

We reserve the right to make change to this Privacy Policy.

Last modification was made August 21, 2019.