Application Privacy

FUNDAMENTAL SURGERY PRIVACY NOTICE

We are FVRVS Limited (trading as Fundamental Surgery), a company incorporated and registered in England and Wales with company number 07370553 whose registered office is at 55 Baker Street, London, England, W1U 7EU, (“we”, “us”, “our”).   

Fundamental Surgery software enables users to access simulated operating environments (“Simulations”) to practice medical procedures.   

You are permitted to use the Fundamental Surgery software (the “Licensed Software”) and associated documentation provided or made available by us relating to the Licensed Software from time to time (including on the pages of our website) (“Documentation”) under a Customer Agreement (the “Master Agreement”) between us and the entity that has permitted you to use the Licensed Software (your “Sponsor”).   

We provide the Licensed Software and Documentation for you to use on behalf of your Sponsor and primarily process the personal data provided by, or collected about, you on behalf of your Sponsor.  

However, we will also process your personal data for own purposes in certain circumstances.  This privacy notice sets out how we process your personal data.     

  1. When you use the Licensed Software and participate in Simulations, we will process: 
    1. the personal data that you provide to us, including your name, department, specialist area of surgery, location (country and state/region), level/role, e-mail addresses, phone numbers, and account username and password; and 
    2. the personal data that we collect about you, including Simulations accessed, started and completed, Simulation scores (by procedure, occasion or stage), the number of times a Simulation is started and whether it is completed, and average time spent in a specific Simulation or group of Simulations (whether completed or aborted). 
  2. We will use this personal data to validate that your Sponsor has a current valid licence to use the Licensed Software and that the Licensed Software is not already in use, to provide your Sponsor with details in respect of your use of the Licensed Software and participation in Simulations, and to comply with our obligations under the Master Agreement.   
  3. We may also process:  
    1. anonymised and/or aggregated data for research and product development purposes; 
    2. your personal data for research, insight and product development purposes; and 
    3. if you have consented to this, your personal data to send you marketing messages by email, phone, SMS or post.  Some of these messages may be tailored to you, based on the information we hold about you.  If you no longer want to receive marketing communications from us, you can click on the ‘unsubscribe’ link in any email or contact us by email or post at the addresses set out below.  
  4. We rely on the following legal bases to process your personal data: 
    1. because we have obtained your consent (e.g. if you consent to receive marketing from us); and  
    2. because it is in our legitimate interests to maintain, improve and promote our products and services. We are always seeking to offer the most relevant Simulations.  
  5. We may share your personal data with third parties in the following circumstances:  
    1. with your Sponsor;  
    2. with our suppliers and service providers working for us (e.g. data services providers); with third party research and product development partners (e.g. instrument manufacturers, pharmaceutical manufacturers, and healthcare providers and organisations);  
    3. with our professional and legal advisors; 
    4. in exceptional circumstances with law enforcement or other governmental authorities (e.g. to report a fraud or in response to a lawful request); 
    5. in the event that we sell any business assets, to a potential buyer or investor (in which case, we will make reasonable attempts to ensure the buyer or investor will be bound by the terms of this privacy notice); and  
    6. otherwise where we have your consent or are otherwise legally permitted to do so. 
  6. We use service providers based around the world so your personal data may be processed in countries outside of your country or residence in countries where you may have fewer legal rights in respect of your data than you do under local law. Where we transfer personal data outside the European Economic Area, we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate safeguards, such as the EU’s standard contractual clauses and the EU-US Privacy Shield.  Please contact us if you would like more information about these safeguards.  
  7. If you have any queries on any aspect of this privacy notice, please contact us by email at [email protected] or by post at The Cursitor Building, 38 Chancery Lane, London, Greater London, WC2A 1EL.

Website Privacy

Introduction
This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.

The General Data Protection Regulation (GDPR) seeks to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU. It should be noted that GDPR does not apply to information already in the public domain.

FundamentalVR is pleased to provide the following Privacy Notice:

Personal Data
FundamentalVR uses the information collected from you to provide quotations, make telephone contact and to email you marketing information which FundamentalVR believes may be of interest to you and your business. In you making initial contact you consent to FundamentalVR maintaining a marketing dialogue with you until you either opt out (which you can do at any stage) or we decide to desist in promoting our services. FundamentalVR also acts on behalf of its clients in the capacity of data processor. When working exclusively as a data processor, FundamentalVR will be acting on the instruction of its client, and will work hard to ensure that the client is fully GDPR compliant.

Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to personally identifying information like Internet Protocol (IP) addresses. FundamentalVR may from time to time use such information to identify its visitors. FundamentalVR may also collect statistics about the behavior of visitors to its website.

FundamentalVR’ website uses cookies, which is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. WordPress.org uses cookies to help FundamentalVR identify and track visitors and their website access preferences. FundamentalVR website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using FundamentalVR’ website.

Any information FundamentalVR holds about you and your business encompasses all the details we hold about you and any sales transactions including any third-party information we have obtained about you from public sources and our own suppliers such as credit referencing agencies.

FundamentalVR will only collect the information needed so that it can provide you with marketing and consulting services, this agency does not sell or broker your data, although coincidentally there may be times when your information could be contained in data that FundamentalVR has purchased from a third-party list broker, on behalf of a client.

Legal basis for processing any personal data
To meet FundamentalVR’ contractual obligations to clients and to also respond to marketing enquiries.

Legitimate interests pursued by FundamentalVR and/or its clients
To promote the marketing and consulting services offered by FundamentalVR and/or to market the services and/or products offered by FundamentalVR’ existing clients.

Consent
Through agreeing to this privacy notice you are consenting to FundamentalVR processing your personal data for the purposes outlined. You can withdraw consent at any time by emailing [email protected] or writing to us, see last section for full contact details.

Disclosure
FundamentalVR may on occasions pass your Personal Information to third parties exclusively to process work on its behalf. FundamentalVR requires these parties to agree to process this information based on our instructions and requirements consistent with this Privacy Notice and GDPR.

FundamentalVR do not broker or pass on information gained from your engagement with the agency without your consent. However, FundamentalVR may disclose your Personal Information to meet legal obligations, regulations or valid governmental request. The agency may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of FundamentalVR, its clients and/or the wider community.

Retention Policy
FundamentalVR will process personal data during the duration of any contract and will continue to store only the personal data needed for five years after the contract has expired to meet any legal obligations. After five years any personal data not needed will be deleted.

Data storage
Data is held in The United Kingdom using different (multiple) servers. FundamentalVR does not store personal data outside the EEA.

Your rights as a data subject
At any point whilst FundamentalVR is in possession of or processing your personal data, all data subjects have the following rights:

  • Right of access – you have the right to request a copy of the information that we hold about you.
  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
  • Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
  • Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
  • Right of portability – you have the right to have the data we hold about you transferred to another organisation.
  • Right to object – you have the right to object to certain types of processing such as direct marketing.
  • Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.

In the event that FundamentalVR refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.

FundamentalVR at your request can confirm what information it holds about you and how it is processed
You can request the following information:

  • Identity and the contact details of the person or organisation (FundamentalVR) that has determined how and why to process your data.
  • Contact details of the data protection officer, where applicable.
  • The purpose of the processing as well as the legal basis for processing.
  • If the processing is based on the legitimate interests of FundamentalVR or a third party such as one of its clients, information about those interests.
  • The categories of personal data collected, stored and processed.
  • Recipient(s) or categories of recipients that the data is/will be disclosed to.
  • How long the data will be stored.
  • Details of your rights to correct, erase, restrict or object to such processing.
  • Information about your right to withdraw consent at any time.
  • How to lodge a complaint with the supervisory authority (Data Protection Regulator).
  • Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
  • The source of personal data if it wasn’t collected directly from you.
  • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

To access what personal data is held, identification will be required
FundamentalVR will accept the following forms of ID when information on your personal data is requested: a copy of your national ID card, driving license, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If FundamentalVR is dissatisfied with the quality, further information may be sought before personal data can be released.

All requests should be made to [email protected] or by writing to us at the address further below.

Complaints
In the event that you wish to make a compliant about how your personal data is being processed by FundamentalVR or its partners, you have the right to complain to FundamentalVR’ CEO. If you do not get a response within 30 days you can complain to the Data Protection Regulator.

The details for each of these contacts are:

FundamentalVR, attention of the CEO
The Cursitor Building, 38 Chancery Lane, London, Greater London, WC2A 1EL.
Email [email protected]

Data Protection Regulator

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.