MySpine Pravila privatnosti

I. Privacy policy

This Privacy Policy explains how Marker Ltd. (hereinafter referred to as: ”Marker”), Varaždin, Ulica braće Radić 63, Croatia, processes your personal data. Marker is focused on protection of your personal data and their processing in accordance with the General Data Protection Regulation. Please read these rules carefully in order to understand why and how we are collecting your personal data and how we intend to use it.

Regarding personal data we collect, Marker is the “data controller” i.e., entity which determines the purposes for which and how personal data is processed. You can contact us via e-mail: [email protected] in Croatian, English or German language. 

You can contact our Data protection officer via e-mail: [email protected].

Marker does not process more personal data than it is necessary for the purpose of the execution of the contract or for your participation in an activity within the MySpine application. Personal data will not be used for other purposes.

II. How and when do we collect your personal information? 

We collect your personal information when you purchase the application, create an account and when you use the application.

We collect your personal medical information that you enter into the application.

If the application crashes, we collect the data that caused the crash, so we can improve the application.

III. What information do we collect from you?

The mandatory data we collect are the following: login and account information (e-mail, password, IP adress, your full name, date of birth, gender) and medical information (date of surgery, type of surgery). 

If the application crashes, we collect application crash information (user device specifications and the last few seconds of in-app activity).

Without the use of the mentioned categories of your personal data, it is not possible to access or use the application.

There is a possibility of your own data entry into the application, which are not necessary for the basic functioning of the application, such as personal information (height, weight, photo) and medical and healthcare data (anamnesis, pain records, movement records, time for taking the medication, daily notes).

If you voluntarily enter this information, we will process them.

IV. Purpose of personal data processing

Your personal data is processed only when it is necessary to fulfil rights and obligations that will arise from business relations, for marketing purposes or for improving our businesses and your user experience.

Personal data is mostly collected directly from you when you fill out a specific form.

Marker uses your personal data to carry out obligations arising from contract to which you are the party and to provide you with the service you have purchased. 

Marker uses your personal data to personalise your experience.

Marker may use your data for analytical purposes to improve and develop Marker’s application and for marketing.

We provide you with possibility of sharing medical/healthcare data with others (via link or e-mail). In that case the data is protected with a password only known to you and a person you share that password with (e.g., physician). 

V. Basis for the processing

The legal basis for processing is a contract concluded by purchasing the application.

Personal data processing is necessary for the performance of a contract to which the data subject is a party. We can also process your personal data if it is necessary for compliance with a legal obligation to which we are subject.

In case a consent is needed for processing the personal data, data controller will require such consent.

VI. Your rights

You have the following rights:

Right of access: you have the right to obtain from us a confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data. Information about access include but are not limited to – the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipient to whom the personal data have been or will be disclosed. However, right of access is not an unconditional right and rights and interests of other individuals may limit your right of access.

You have the right to receive a copy of the personal data being processed. For any further copies you request, we may charge a reasonable fee based on administrative costs.

Right to correction: you have the right to obtain correction of inaccurate personal data from us without undue delay. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, for example by providing a supplementary statement.

Right to erasure (‘right to be forgotten’): under certain conditions, you have the right to obtain from us the erasure of your personal data and we are required to erase such personal data.

Right to restriction of processing: under certain conditions, you have the right to obtain from us restriction of processing your personal data. In that case, such data will be marked and can be processed only for certain purposes.

Right to object: Under certain conditions you have at any time the right to object to processing of your personal data, on grounds relating to his or her situation or when personal data are processed for direct marketing purposes you have the right to demand from us to stop the processing of your personal data.

Right to data portability: Under certain conditions, you have the right to receive your personal data, which you have provided to us, in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller without hindrance.

If you wish to find out more or to use one of the aforementioned rights, feel free to contact our Data protection officer via e-mail: [email protected].

If you think that your rights have been violated, you have the right to file a complaint before supervisory authority. 

VII. Storing of personal data

Your personal data that is collected will be stored in a safe environment. Your personal data is protected from any unauthorized access, disclosure, use, alteration or destruction by any organisation or individual.

Marker uses the HTTPS Internet Protocol security tools and the User Password Encryption Algorithm to protect the secret information of users that they may use on other sites in the event of any unwanted actions.

Information collected for aforementioned purposes will be stored only as long as it is necessary for the mentioned purposes. Your personal data will not be kept in a form that enables your identification longer than Marker reasonably considers it is necessary to fulfil the purpose for which they have been collected and processed. Marker will store certain personal data for a period of time that is laid down by law or regulation binding Marker to store data.

Marker stores personal data until user or application administrator deletes account.

Personal data can be processed until the end of a court, administrative or extrajudicial proceeding, including the period for submitting legal remedies. 

VIII. Recipients of personal data

Your personal data can be given to our trustworthy partners who maintain our application and IT system or provide services in the name of Marker. For example marketing, finance, advertising, payment processing, delivery, and other services. Service providers are obligated, according to relevant contracts, to use the entrusted data only in accordance with our regulations and exclusively for strictly declared purposes. They are also obligated to adequately protect your data and to keep your data a professional secret.

IX. Transfer of personal data

Marker, as data controller, cares about protecting your data. We would like to inform you that there is a possibility that your personal data will be transferred to third countries, ie the USA, because tools such as Google Play, which are based in the USA, are used.

Marker has taken all technical and organizational measures to determine whether data is being transferred, but we cannot determine with certainty whether your personal data will be transferred to third countries.

X. Other websites

My Spine application can contain links to and from third party websites. This Policy only applies to My Spine so when you link to other websites you should read their privacy policies.

This policy do not apply to services and third parties that have separate privacy policies, however, in accordance with personal data protection regulations, the Marker is required to inform its users about the data collected by Google by providing its services to other legal entities and individuals.

Marker cannot influence the processing of data by Google, as part of your use of this tool. Please read the sections of these terms carefully to understand how Google processes your personal information.

The information collected by Google includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including operator name and phone number, and application version number.

In addition, Google collects information about the interaction of applications, browsers, and devices with Google services, including IP address, crash reports, system activity, and the date, time, and URL of the referral request.

Google collects information when a Google service on your device contacts Google's servers - for example, when you install an app from the Play Store or when the service checks for automatic updates. If you use an Android device with Google applications, your device periodically contacts Google servers to provide device information and connect to our services. This includes information such as device type, mobile operator name, crash reports and applications you have installed.

XI. For what purposes does Google collect your information?

Google may use your information to ensure the proper functioning of the Services, for example by monitoring downtime or resolving issues you report.

Furthermore, Google uses the data for analytical and measurement purposes.

For example, Google analyzes data about your visits to Google sites and uses data about ads you interact with.

When you visit sites that use Google Analytics, Google and the Google Analytics user may associate information about your activity on that site with activity on other sites that use Google advertising services. The information we collect, such as your email address, is used by Google to interact directly with you. For example, it may send you a notification if it detects suspicious activity, such as trying to sign into your Google Account from an unusual location, or it may notify you of upcoming changes or improvements to services.

In case you contact Google, Google will record a request to help resolve your issue.

Google uses automated systems that analyze your content to provide customized search results, customized ads, or other features tailored to your use of our services.

Google also analyzes your content to detect abuse, such as unwanted, malicious, or illegal content. Algorithms are also used to identify patterns in Google data. For example, Google Translate helps people communicate in different languages by discovering common language patterns in the phrases for which you are looking for a translation.

For the purposes described above, Google may combine data collected from its services and all your devices. Depending on your account settings, your activity on other sites and applications may be linked to your personal information to improve the Google services and ads that Google displays.

If other users already have your email address or other credentials, Google may show them your publicly visible Google Account information, such as your name and photo. This makes it easier for them to recognize the email you send them.

XII. Changes

Marker may change this Privacy Policy by posting a new version of the document on the website When we update this Privacy Policy, we will put the date at the bottom of this page to indicate when this Privacy Policy was last updated. To the maximum extent permitted by applicable law, any changes will become effective when we post the updated Privacy Policy on our websites. If you do not agree with any changes, you may terminate your account and may choose not to submit any further personal information. When applicable law requires your consent to a specific change in this Privacy Policy that you have previously consented to, such change will not be applicable to you until you provide your consent.