About Oviva

Company Name: Oviva UK Limited
Registered Number: 9667784
Registered Office Address: Runway East, 20 St Thomas Street, London, SE1 9RS, United Kingdom
Company Registration: England and Wales

Terms of Service

Scope & General Services Information

These general terms and conditions (hereinafter referred to as “Terms”) are an integral part of the contractual relationship between you and Oviva UK Limited (hereinafter “Oviva UK”) regarding all services and products (hereinafter “Service(s)”) of Oviva UK. You will be prompted to affirmatively consent to these Terms, Privacy Policy, and Cookie Policy in the “Oviva” app to receive Oviva UK services.

The purpose of digital consulting by Oviva UK is to provide you with tailored information, motivation and advice to enable a healthy lifestyle based on scientific knowledge. You should only participate if you are willing to engage in adopting a healthier lifestyle.

Oviva UK does not make decisions for you, but provides guidance with information and practical tips. You are responsible for all the decisions you make regarding your health. You decide fully about your actions and your success depends on your attitude and effort. The success of a Service depends on many factors which Oviva UK has limited or no control over. Oviva UK can therefore not assume any guarantee for the success of the Services nor outcome related thereto.
Oviva UK does not replace the advice of a doctor, or applicable medical practitioners.

NHS Services

Oviva UK provides Services on behalf of the NHS and/or with the NHS in specific regions. Requirements for each Service are specified in a contract with the local commissioning body. If you would like more information on your local Service, please email contact_uk@oviva.com or write to us at Oviva UK Limited, Runway East, 20 St Thomas Street, London, SE1 9RS, United Kingdom.

Non-NHS Services

You can book non-NHS services of Oviva UK via the “Chat” of the app “Oviva” or your treating doctor can refer you to Oviva UK.

Oviva UK can provide you with Services at any time with immediate effect. Both Oviva UK and you can cancel without giving any reason either via the app “Oviva”, by e-mail to contact_uk@oviva.com or by mail to Oviva UK Limited, Runway East, 20 St Thomas Street, London, SE1 9RS, United Kingdom.

In the event of termination, the payments you have made will be refunded for the Services not yet received. If Oviva UK makes the termination due to important reasons, such as due to incorrect information, Oviva UK may retain all payments already received. Agreed consultations must be cancelled 24 hours or more in advance, otherwise they will be charged and will not be taken over by any health insurance company, but will be charged to you.

Non-NHS Services Non-Utilization

If the Services of Oviva UK are not used by you, this neither entitles you to a price reduction nor frees you from the payment obligation for the booked Services. Repayment of the payments made in this case is excluded.

Non-NHS Services Running Time

The term of a Services contract is determined by the agreed Service. The contract expires at the end of this term, without any further express termination notice being required.

Non-NHS Services Prices

All prices are exempt from VAT as a clinical Service. We reserve the right to change prices.

Non-NHS Services Payment Terms

If a health insurance cover exists and appropriately documented to us, the Services of Oviva UK will be invoiced directly to your health insurance company. The following conditions apply to self-payers: Oviva UK’s Services are invoiced monthly in advance. All invoices are payable, net without deduction, within 7 days. Oviva UK can withhold or interrupt its Services until payment is received.

Non-NHS Services Settlement of Payments

If the invoice is paid by credit card, payment is made via the online payment system of PayPal (https://www.paypal.com/uk/webapps/mpp/personal). In this case, processing of personal and payment data takes place directly via the provider of the payment system. Oviva UK does not know or save your payment data. We will only be informed about the payment status so that we can activate the services you have purchased.

Data Protection

If you accept these Terms, you are confirming the Terms, our privacy and cookie policies have been read, understood and accepted. In particular, you agree to the use of your data as outlined herein.

Limitations of Liability

The Services of Oviva UK do not replace the advice given by your doctor. Please consult with a doctor for any health issues, concerns or circumstances. Do not delay or disregard medical advice based on information from Oviva UK. All your lifestyle changes are at your own risk. Oviva UK assumes no responsibility either directly or indirectly for damage, health problems, or inconvenience, or any loss however caused by the use or misuse of the information provided by Oviva UK. You are responsible for any consequences resulting from misstatements. You agree to keep your password confidential for your user profile. If you pass on your password to a third party, you are responsible and liable for all executed user actions.
Oviva UK is only liable for liability directly arising from gross negligence of its directors, officers, or employees. Liability for slight negligence is excluded.

Copyright

Materials of Oviva UK (e.g. questionnaires, guides, worksheets, etc.) are the property of Oviva UK or have been licensed and are protected in whole or in part by copyright. They may be passed on to third parties only with the written consent of Oviva UK.

Changes & Additions

Oviva UK reserves the right to amend and supplement these Terms any time.

Assignment of Rights

Your claims arising from a contractual relationship with Oviva UK shall be transferable only with the written consent of Oviva UK.

Applicable Law & Jurisdiction

The contractual relationship between the customer and Oviva UK is subject exclusively to English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Dated, 01.07.2021

Privacy Policy

Applicable Law

Data processing by Oviva UK is subject to English law. Pursuant to UK GDPR, UK DPA 2018, and any other applicable data protection regulations, we work to ensure Oviva users have appropriate protection of their privacy and personal data.

Measures for Data Security, Mechanism for Data Transfer & Storage

We comply with applicable data protection regulations. We protect your personal data appropriately with firewalls and other technical means (according to state of the art industry standards and other applicable law). Only employees and agents of Oviva UK, which are obligated to maintain confidentiality, can access applicable data and only as reasonably necessary to perform their role. Other third parties do not have access to your personal data without your explicit consent.
Your data is stored in a medical security environment in Switzerland operated by green Datacenter AG. This data centre has applicable ISO compliance certification (meaning it has been found to be following best practices in the realm of cybersecurity to protect the data). Switzerland has been recognised by the Information Commissioner’s Office (ICO) as having an adequate level of data protection and appropriate data protection agreements are in place for the applicable data transfers.

Please note, data is stored within the app “Oviva” on your mobile device, and the encryption depends on your device. If your smartphone is lost or stolen, there is a risk your data can be accessed. The person using the Oviva app is encouraged to password-protect their smartphone and use a device that includes encryption. The individual user of Oviva bears all risks for data loss from lost or stolen devices.

Use of the Data & Retention Period

Your personal data, as well as all data collected during a treatment (e.g. data about activity, weight, etc., including from connected external apps e.g. Fitbit, Apple HealthKit, Google Fit) will only be used for rendering Services according to contractual obligations and as outlined herein. When Oviva UK is providing NHS Services, personal data is exchanged between Oviva UK and referring healthcare professionals (e.g. your GP practice) for the purposes of caregiving. We also record telephone calls as needed for optimal customer service and quality management purposes.

When Oviva UK is providing NHS Services, non-personally identifiable (or anonymised) data on Service users is shared with commissioning bodies and contractually relevant parties for the purposes of evaluating our Services and/or for research. Such data may be used by Oviva and authorised affiliates (i.e. NHS) for research and publication purposes and can be analysed and used to improve our Service (optimization, further development and research) during the duration of the contract and after the termination of the contractual relationship.

Oviva UK works with certain non-NHS providers to provide Services such as Pulse Healthcare Limited and Ingeus UK Limited with which Oviva has contracts to legally share data with to provide Services. Data will only be shared pursuant to applicable laws and contracts with these providers. Such partnerships enable Oviva to offer comprehensive Services to more people. Should you have any questions regarding how data is shared with respect to such providers, please enquire via email to  contact_uk@oviva.com.

Regarding Oviva UK provided digital diabetes prevention services on behalf of Ingeus UK, Ingeus shares the personal information of participants to allow Oviva to initiate the service. Ingeus provides initial contact information to Oviva, when the participant chooses to engage in the digital service rather than face to face delivery option. Ingeus is the data controller of the information provided and Oviva only uses the information to support the delivery of the service. Oviva will provide information to Ingeus on the progress of participants, to support the management and quality assurance of the programme.

We use third party service providers, such as Freshworks Inc (“Freshworks”) to enable interaction with you on our website and/or our product. As a data processor acting on our behalf, Freshworks automatically receives and records certain information of yours. Freshworks performs analytics on such data on our behalf which helps us improve our Service(s) to you. You can read about the cookies Freshworks sets in their cookie policy here:  https://www.freshworks.com/list-of-cookies/ .

The Privacy Settings (prompted to you as pop-up on our website and/or accessible to you by clicking on round icon on bottom left corner of website with fingerprint icon in centre) on our website outlines use of cookies, tags, trackers, and/or analytic tools used on the website which you may opt in and out of as indicated. This gives you further control over how your data will be processed via our website.

Furthermore, you have the right and ability to opt out of certain uses or sharing of your data etc., please see below section titled “Subject Access Requests, Changing & Deleting Your Personal Data”. The reason you cannot opt out of all data sharing with us is that we would be unable to
provide you with Service(s).

Your personal data is retained only for as long as necessary, per contract and in accordance with data protection regulations. In many cases, the retention period is 8 years, to comply with applicable NHS data retention standards. Should you have any questions on this, please e-mail:  contact_uk@oviva.com.

Legal Bases for Processing

The legal bases relied upon in processing of your personal data are:
Consent;
Performance of a contract;
Legitimate interest; and/or
Public interest.

Should you have any questions on which may apply to your particular personal data, please e-mail:  contact_uk@oviva.com.

Subject Access Requests, Changing & Deleting Personal Data

You can make a Subject Access Request (SAR) to change or delete the personal data entrusted to us at any time if you request same with a copy of your identification (passport, driving license) by mail to Oviva UK Limited, Runway East, 20 St Thomas Street, London, SE1 9RS, United Kingdom or by e-mail to contact_uk@oviva.com. We will oblige your request except for any data which might be required for us keep on file for a specified timeframe for compliance with applicable law(s), NHS standards/regulations, etc.

Your Rights Regarding Your Personal Data

Under data protection legislation, data subjects have the following rights with regards to their personal information:
– the right to be informed about the collection and the use of their personal data
– the right to access personal data and supplementary information
– the right to have inaccurate personal data rectified, or completed if it is incomplete
– the right to erasure (to be forgotten) in certain circumstances
– the right to restrict processing in certain circumstances
– the right to data portability, which allows the data subject to obtain and reuse their personal data for their own purposes across different services
– the right to object to processing in certain circumstances
– rights in relation to automated decision making and profiling
– the right to withdraw consent at any time (where relevant)
– the right to complain to the Information Commissioner

Should you have any questions about your rights, please e-mail: contact_uk@oviva.com

Dated, 01.07.21

Cookie Policy

This website, oviva.com (the “Website”), is operated by Oviva AG. Cookies and other forms of data (as noted above) are captured by the website in accordance with the Privacy Settings and our Cookie Notice which like the Privacy Settings, pop-up to you on our website upon first visiting our site for you to consent to or not.

What are cookies?

Cookies are small text files that are stored in your web-browser that allows Oviva or a third party to recognise you. Cookies can be used to collect, store and share bits of information about your activities across websites, including on the Oviva website.

Cookies can be used for the following purposes:

– To enable certain functions
– To provide analytics
– To store your preferences
– To enable ad delivery and behavioural advertising

Oviva uses both session cookies and persistent cookies.

A session cookie is used to identify a particular visit to our Website. These cookies expire after a short time, or when you close your web browser after using our Website. We use these cookies to identify you during a single browsing session.

A persistent cookie will remain on your devices for a set period of time specified in the cookie. We use these cookies where we need to identify you over a longer period of time. For example, we would use a persistent cookie for remarketing purposes on social media platforms such as Facebook advertising or Google display advertising.

How do third parties use cookies on the Oviva Website?

Third party companies such as analytical or ad networks generally use cookies to collect user information on an anonymous basis. They may use that information to build a profile of your activities on the Oviva Website and other websites that you’ve visited.

If you do not wish to allow cookies to track or collect information, or wish to manual exclude the ability of certain types of cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this, visit the help pages of your chosen browser.

Please note, if you delete cookies or do not accept them, your user experience may lack some of the features we offer, you may not be able to store your preferences and some of our pages might not display properly.

For more information on cookies, please visit the Information Commissioner’s Office (ICO).

CE marking

The ‘Oviva App’ is a registered medical device and is developed according to all relevant standards.