Who we are and what this notice  is for

We are:

Oxford Medical Simulation Limited, a company registered in England and Wales under company number 10587122 with its registered office at 201 Borough High Street, London, England, SE1 1JA; and

Oxford Medical Simulation Inc, a company registered in Delaware with its office at 240 Elm Street, 2nd and 3rd Floor, Suite 226, Somerville, MA 02144,. 

(together, “OMS”, “we”, “us” or ”our”). 

This “Privacy Notice” is applicable to individual persons who agree to participate in filming or recording events undertaken by or on behalf of OMS (“Events”). Under the definitions used in the UK General Data Protection Regulation (the “UK GDPR”) we are the ”controller” for some of your information. This means that we decide what personal data we collect from you and how it is used.

This notice explains how we collect, use and store your information when you use participate in an Event. 

We have appointed a data protection officer (a “DPO”), who has responsibility for monitoring and managing our compliance with the UK GDPR and other data protection legislation. You can contact our DPO by emailing [email protected].

1. Your information – what information we collect and who we receive it from

1.1 “Personal Data” is any information that can (or could) be used to identify you, whether digital or hardcopy.  We will never ask you to provide any particularly sensitive Personal Data (which includes data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, certain categories of biometric data, data concerning your health, sex life or sexual orientation) in relation to yourself or others. This type of information is not required to use our Services.

1.2 We have grouped together the types of Personal Data that we collect below:

1.2.1 Information you may provide to us directly:

• contact information: such as your name, company name, job title, address, e-mail address and phone number.
• additional optional information: information about how you use our products, the role in which you utilise our services, and other demographic information.
• Video and audio recordings: where you have participated in a filming or audio recording Event with OMS.
• marketing and communications information: such as your preferred methods of communication and product types in which you are interested, and whether you consent to receive marketing information from us.

1.3 When we collect Personal Data we sometimes anonymise it (so it is no longer possible to identify who it relates to), and then combine it with other anonymous information. This combined anonymous information is called ’aggregated data’, and it helps us improve our products and identify trends (for example, how successful an advertising campaign was). This type of information is not subject to data protection law (because it is now just statistical, and cannot be used to identify individuals).

2. How we use your Personal Data

2.1 This section explains which legal reason (or ‘ground’) we rely on when we use your Personal Data, either as a processor or a controller. If we intend to use your Personal Data for a new reason that is not listed in the table, we will update this privacy notice and notify you. 

Purpose: Creating marketing and sales content for our services.

• Legal Grounds: Performance of contract.

Purpose: Providing insight on how our products and services are being used, and how well they are functioning. Using these insights to improve our products and services, including for the purposes of internal and external OMS training.

• Legal grounds: Performance of a contract.  

Purpose: Sending you marketing communications by email

• Legal grounds: Consent (where you are a private individual, sole trader or partner in a partnership); Legitimate interests (where your email address belongs to an organisation which is a corporate body)

Purpose: Asking you to participate in surveys and other types of feedback

• Legal grounds: Legitimate interests (necessary for product and service improvement purposes)

Purpose: Notifying you about changes to our privacy notice

• Legal grounds: Legal obligation (necessary to comply with our obligations under data protection law)

3. Who we share your information with

3.1 We share (or may share) your Personal Data with the following parties:

• Our personnel: OMS employees or other workers bound by contracts containing confidentiality and data protection obligations. Our personnel may work for any company that is a part of the OMS group.
• Our supply chain: other businesses help us to provide our Services (including AWS, who provide cloud storage and other services, Alphabet (Google), who provide the email, meeting and storage services we use to operate our communications and internal document processing, HubSpot, who provide marketing and customer relationship management support, Photon, who support the enabling of our Multiplayer scenarios, and Microsoft Azure, who provide us with the ability to enable voice control scenarios, other third parties who may perform Events-related filming, recording and editing services to OMS, social media and other platforms which we may use to post content derived from Events). We ensure these organisations only have access to the information required to provide the support we use them for, and that they are bound by contracts containing confidentiality and data protection obligations.
• Our professional advisers: such as our accountants or legal advisors, who are bound by confidentiality obligations, and contracts containing data protection obligations.
• Complainants (or their professional advisors) where we receive a valid request for information in relation to a claim that you have infringed someone’s legal rights.
• Specific third parties: where you have indicated you are happy for us to do so, we occasionally contact you in relation to specific offers or surveys from other types of third parties. We will always identify the third party and give you the option to change your mind (and stop your information being shared with them).
• Any actual or potential buyer of our business.

If we are asked to provide your information, we follow strict internal processes to ensure it is a valid request and carefully consider the potential impact on you before we decide to share information. We may decide to seek legal advice to help us decide whether to respond to or reject a request. 

We will not sell your Personal Data to any third party.

4. Where we may share your Information

4.1 We offer a worldwide service, which means your information is transferred between different countries. Generally, your information will be stored securely in the country where your Organisation is based. However, where required for the purposes set out above in Section 2, we may need to transfer some information outside of that country. Such transfer will be limited to the period and duration of that purpose.

4.2 We always identify which legal mechanism we rely on to share information internationally – whether internally between the OMS Group entities or with our service providers (for example, by using contracts approved by the European Commission or UK Secretary of State). You can ask us for this information by emailing [email protected].

5. Marketing

5.1 Where you have indicated you are happy for us to do so, we use your information to keep you informed of OMS and third party products, services, promotions and events. 

5.2 You can ask us to stop sending you marketing at any time by emailing [email protected]. 

6. How long do we keep hold of the information?

6.1 We will retain your Personal Data for up to 5 years, or until we no longer require it for the purposes for which it was collected, whichever is the shorter period. After the end of the relevant period, we will either permanently delete, or anonymise, your Personal Data, so that it is no longer identifiable as being your information.

6.5 You can ask us for further information about specific retention periods by emailing [email protected].

7. Keeping your information safe

7.1 We follow strict security procedures to reduce the risk of your information being accidentally or illegally lost, misused or accessed by unauthorised individuals. Some of the measures we have implemented include:

• technical security measures: such as anti-virus, firewalls and back-up files
• account set–up: such as 2-step verification and strong password requirements
• internal processes: such as business continuity and incident reporting procedures, adherence to, Cyber Essentials Plus and ISO 27001 standards 
• organisational measures: internal IT and data protection training, at least annually
• procurement processes: such as due diligence questionnaires for our suppliers, using suppliers with specific accreditations (e.g. ISO27001 or SOC 2) where possible.

8. Your rights with respect to your Personal Data

8.1 Data protection laws in the UK and EEA provide individuals certain rights with respect to their Personal Data. We extend these rights to all of our users. As such, you have the right to:

• Access: you must be told if your Personal Data is being used. You can ask for a copy of your Personal Data, as well as information about how we are using it, to make sure we are abiding by the law. 
• Correct: you can ask us to correct your Personal Data if it is inaccurate or incomplete. We might need to verify the new information before we make any changes.
• Delete (also known as the right to be forgotten): you can ask us to delete or remove your Personal Data if there is no good reason for us to continue holding it or if you have asked us to stop using it (see below). If we think there is a good reason to keep the information you have asked us to delete (e.g. to comply with regulatory requirements), we will let you know and explain our decision.
• Restrict: you can ask us to restrict how we use your Personal Data and temporarily limit the way we use it (e.g. whilst you check that the Personal Data we hold for you is correct)
• Object: you can object to us using your Personal Data if you want us to stop using it. We always comply with your request if you ask us to stop sending you marketing but in other cases, we decide whether we will continue. If we think there is a good reason for us to keep using your information, we will let you know and explain our decision.
• Move (also known as the right to portability): You can ask us to send you or another organisation an electronic copy of your Personal Data.
• Complain: we hope that we can answer any questions or respond to any concerns you might have, so please contact us in the first instance by emailing [email protected]. However, if you are unsatisfied with our response or would prefer to escalate immediately, you can contact the UK Information Commissioner’s Office. Their website contact page is linked here.

8.2 It is usually free for you to exercise your rights, and we aim to respond within 30 days (although we may ask you if we can extend this deadline up to a maximum of 60 days if your request is particularly complex or we receive multiple requests at once).

8.3 We can decide not to take any action in relation to a request where we have been unable to confirm your identity (this is one of our security processes to make sure we keep information safe) or if we feel the request is unfounded or excessive. If this happens we will always inform you in writing.

8.4 The only time we may charge a fee is if we decide to proceed with a request that we believe is unfounded or excessive.

8.5 We do not respond directly to requests which relate to Personal Data for which we act as the processor. In this situation, we will forward your request to the relevant controller (your organisation) and await their instruction before we take any action. 

8.6 To make a request, please email [email protected].

9. Additional information for individuals based in the State of California only

9.1 Any reference to Personal Data in this notice include references to personal information as defined under the California Consumer Privacy Act (CCPA).

9.2 As a resident of California, you have specific legal rights under the CCPA. They are the right to:

• Access and delete: the rights to access and delete information under the CCPA as described in section 8.1 is limited to the Personal Data that we have collected over the previous 12 months and are subject to the exceptions set out in the CCPA.
• Opt-out of sale of information: we do not sell your Personal Data but you are free to inform us that you wish us to continue with this policy.
• Non-discrimination: you must not face any discrimination for exercising your legal rights under the CCPA (such as denying you access to our Services). 

9.3 We confirm that we have not sold any Personal Data in the past 12 months.

9.4 For the purposes of the CCPA, we are deemed to routinely undertake disclosures of personal information to third parties for business purposes. We enter contracts with those third parties which include binding confidentiality clauses and restrictions which prevent them using your information for any other purpose. In the past 12 months we have disclosed all of the categories of personal information listed at section 1.2 with our supply chain for the purposes of hosting and providing our Services, detecting and protecting against security incidents, and debugging to identify and repair errors.

9.5 You (or another person authorised by you and registered with the California Secretary of State) can make a request under the CCPA by emailing [email protected].