This Website (Mobidoctor.eu) is operated by Mobi Doctor LTD, a private company duly registered in Malta bearing company registration number C90869, having its registered address at ‘Tower business centre’, 2nd floor, Tower Street, Swatar, Birkirkara, BKR 4013, Malta.
The Privacy Policy is intended to ensure you are aware of all your rights emanating from the pertinent laws, namely the General Data Protection Regulation (GDPR) EU 2016/679 and the Data Protection Act (DPA) Chapter 586 of the Law of Malta, which implemented and further specified the relevant provisions of the Regulation.
CONSENT AND PURPOSE
We rely on consent only where required by law (e.g., non-essential cookies/analytics; direct marketing). Consent is not a condition for receiving core healthcare services. You may withdraw consent at any time via your profile or the cookie banner; withdrawal does not affect the lawfulness of processing before withdrawal.
LEGAL BASES FOR PROCESSING PERSONAL DATA
Mapping of Purposes to Legal Bases, Recipients, Retention and Transfers
Each processing purpose is mapped to:
(i) the lawful basis under Article 6 GDPR and, where health data are processed, the condition under Article 9(2);
(ii) categories of recipients;
(iii) retention period; and
(iv) international transfers and safeguards.
|
Purpose of Processing |
Legal Basis (Art. 6 GDPR) |
Special Category Condition (Art. 9 GDPR) |
Recipients / Categories |
Retention Period |
International Transfers & Safeguards |
|---|---|---|---|---|---|
|
Account creation and portal access |
Art. 6(1)(b) – Contract (to provide access to your account and services) |
Not applicable |
Hosting provider; authentication service (processors) |
Active account + 24 months after last activity |
Hosted in EEA; SCCs + TIA if non-EEA vendor engaged |
|
Identity verification (KYC) and fraud prevention |
Art. 6(1)(c) – Legal obligation; Art. 6(1)(f) – Legitimate interests (security and anti-fraud) |
Not normally applicable |
Verification vendor; fraud-prevention tools (processors) |
5 years or as required by AML / KYC law |
SCCs + TIA if vendor outside EEA |
|
Telemedicine booking, consultation, and prescription |
Art. 6(1)(b) – Contract (healthcare service delivery) |
Art. 9(2)(h) – Provision of health care / diagnosis |
Licensed medical professionals (joint controllers with Mobi Doctor for clinical data); pharmacies (independent controllers for dispensing); platform service providers (processors, limited to our instructions). |
Clinical record 10 years |
EEA only; SCCs + TIA if cross-border pharmacy check or support vendor outside EEA |
|
Platform operation, performance and security monitoring |
Art. 6(1)(f) – Legitimate interests (ensuring service security and integrity) |
Not applicable |
Security vendors; CDN; anti-bot and DDoS protection providers (processors) |
12 months (extended if incident under investigation) |
Some vendors outside EEA → SCCs + TIA |
|
Customer support (chat, email, phone) |
Art. 6(1)(b) – Contract (responding to service queries); Art. 6(1)(f) – Legitimate interests (quality assurance) |
Art. 9(2)(h) – Health data in support context |
Support platform providers (processors); authorised Mobi Doctor support staff |
18–24 months |
SCCs + TIA if support vendor outside EEA |
|
Payments and billing |
Art. 6(1)(b) – Contract; Art. 6(1)(c) – Legal obligation (tax/accounting) |
Not applicable |
Payment processor; accounting service provider (processors) |
5–10 years (statutory requirement) |
SCCs + TIA if processor outside EEA |
|
Analytics (optional, non-essential) |
Art. 6(1)(a) – Consent |
Not applicable |
Analytics providers (e.g., Hotjar) |
Up to 13 months or until withdrawal of consent |
SCCs + TIA if vendor outside EEA; only runs after opt-in consent |
|
Marketing communications (optional) |
Art. 6(1)(a) – Consent |
Not applicable |
Email/SMS platform (processor) |
Until withdrawal of consent or 24 months of inactivity |
SCCs + TIA if vendor outside EEA |
|
Legal compliance and claims |
Art. 6(1)(c) – Legal obligation; Art. 6(1)(f) – Legitimate interests (defence of legal claims) |
Art. 9(2)(f) – Establishment or defence of legal claims; Art. 9(2)(h) – Health care context |
Courts; regulators; law enforcement (independent controllers); external counsel (processor) |
For duration of claim + statutory limitation period |
As required by law; SCCs + TIA if non-EEA recipients engaged |
|
Backup and disaster recovery |
Art. 6(1)(f) – Legitimate interests (business continuity and resilience) |
Not applicable |
Secure hosting provider (processor) |
Rolling backup cycles up to 35 days; deleted data purged within 7 days after restore |
EEA-based; SCCs + TIA if backup support outside EEA |
We process personal data only when we have a lawful basis under Article 6 or, where applicable, Article 9 of the GDPR.
The primary legal bases applicable to the services offered through this Website include:- Contractual necessity (Art.
6(1)(b)) – for the provision of healthcare and telemedicine services, including booking, consultations, and patient communications.- Legal obligation (Art.
6(1)(c)) – to comply with national laws, medical retention requirements, and regulatory duties.- Legitimate interests (Art.
6(1)(f)) – to enhance security, improve services, and prevent fraud, provided such interests are not overridden by your rights.- Consent (Art.
6(1)(a)) – for optional communications and where legally required for analytics cookies or marketing preferences.Processing of Health Data (Special Categories):Health data is considered special category data under Article 9 GDPR.
We process this data based on:- Article 9(2)(h) GDPR: Processing is necessary for the purposes of preventive or occupational medicine, diagnosis, the provision of health or social care or treatment, or the management of health systems and services.- Article 9(2)(i) GDPR: Where processing is necessary for reasons of public interest in the area of public health, such as ensuring high standards of quality and safety of healthcare.
We apply strict access control and technical safeguards to ensure special category data is only processed by authorised personnel bound by confidentiality.
All the personal data you provide, and which we collect though this website is given solely if you choose to; moreover, should you subsequently decide, you have the right to inform the DPO that you are requesting that your prior consent to the processing of your data be withdrawn.
This privacy policy has been compiled to better serve those who are concerned with how their 'Personal Data’ is being used online. Personal Information means data which relate to a living individual who can be identified – (a) from such data, or (b) from the data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.
Please read our privacy policy carefully to get a clear understanding of how our website collects, uses, protects or otherwise handles users’ Personal Data.
This Privacy Policy is intended to inform users about how our website treats Personal Data that it processes about users. If users do not agree to any part of this Privacy Policy, then we cannot provide our Services to users and users should stop accessing our services.
By using the Services, You acknowledge, consent and agree that we may collect, process, and use the information that you provide to us and that such information shall only be used by us or third parties acting under our direction, pursuant to confidentiality agreements, to develop, tune, enhance, and improve the Services. Although we may attempt to notify you when changes are made to this Privacy Policy, you are responsible for periodically reviewing any changes which may be made to the Policy. We may, in our sole discretion, modify or revise the Policy at any time, and you agree to be bound by the same.
We may update this Privacy Policy and our data handling practices from time to time to reflect changes in law, technology, or our services. We do not provide individual notices of such updates. You are responsible for reviewing the most current version of this Privacy Policy to stay informed about how we process personal data.
INFORMATION WE COLLECT AT SIGN-UP:
You provide information about yourself and allow us to process and share with third parties – Your Full Name, Date Of Birth, Sex Assigned At Birth, Country of Residence, Phone Number, E-mail Address and Address.
If you correspond with us by e-mail, we may retain the content of your e-mail messages and your e-mail address. Additionally, we store information about users’ contacts when users manually enter e-mail addresses. We also collect general information about your use of our services.
You have the right to access your personal information at any time (subject possible momentary technical limitations affecting this website). A copy of your personal data is always available from within your portal on this website, which access is through your username and password and which is encrypted; You simply must initiate a request in the ‘profile’ under ‘about me’.
The portal export covers account, profile and consultation artifacts stored on our platform. It does not include certain system security logs or derived fraud-risk scores. Clinical records (consultation data, clinical notes, prescriptions) are processed under joint controllership by Mobi Doctor and the consulting doctor. Copies will be provided subject to lawful redactions to protect the rights and freedoms of others (GDPR Art. 15(4)).
If you need assistance with your export, contact dpo@mobidoctor.eu.
You are to immediately update your contact details should these change; especially if you lose control or access to the listed email address (or other contact information) wherein sensitive information may be transmitted.
INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE OUR SERVICES:
Data We Collect:
Prescription Verification Data (Pharmacies):
When you access or use our Services, we automatically collect information about you, including:
When a pharmacy verifies a prescription through our verification portal, we record the pharmacy name, verification timestamp, and temporarily log the IP address of the request to maintain system security, confirm authenticity, and prevent misuse. Processing is based on our legitimate interests under Article 6(1)(f) GDPR. Data is retained only as long as necessary for these purposes (normally up to 30 days) and is then anonymised (e.g., truncation or hashing of IP). This information is not used for marketing and is shared with no third parties beyond security/service providers acting under data-processing agreements.
Usage Information: If you send us personal correspondence, such as emails or letters we may collect such information into a file specific to you.
Log Information: We log information about your use of our Website, including your browser type and language, access times, pages viewed, your IP address and the Website you viewed before navigating to our Website.
Device Information: We collect only the minimum device identifiers necessary for security and troubleshooting (e.g., device type, OS, browser version). We do not collect IMEI or similar persistent hardware identifiers.
Location Information: We derive coarse location (e.g., country/city) from IP for security, localisation and fraud prevention. We only collect precise device location if you explicitly enable location services for a specific feature, and you can disable this at any time.
Details about consultation such as doctor consulted, type of doctor consulted and any other information related to the patient uploaded or provided to or through the platform.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to you.
A "cookie" is a small data file transferred to your computer’s hard drive that allows a Website to respond to you as an individual, gathering and remembering information about your preferences in order to tailor its operation to your needs, likes and dislikes.
Overall, cookies are safe, as they only identify your computer to customise your Web experience.
Accepting a cookie does not provide us access to your computer or any Personally Identifiable Information about you, other than the information you choose to share.
Other servers cannot read them, nor can they be used to deliver a virus.
Most browsers automatically accept cookies, but you can usually adjust yours (Microsoft Internet Explorer, Firefox or Google Chrome) to notify you of cookie placement requests, refuse certain cookies, or decline cookies completely.
If you turn off cookies completely, there may be some Website features that will not be available to you, and some Web pages may not display properly.
To support the personalised features of our Website we must send a cookie to your computer’s hard drive and/or use cookie-based authentication to identify you as a registered Website user.
We do not, however, use so-called "surveillance" cookies that track your activity elsewhere on the Web.
We may also collect information using web beacons (also known as "tracking pixels").
“Web beacons” or clear .gifs are small pieces of code placed on a Web page to monitor behaviour and collect data about the visitors viewing a Web page. For example, Web beacons or similar technology can be used to count the users who visit a Website or to deliver a cookie to the browser of a visitor viewing that page. We may use Web beacons or similar technology on our Services from time to time for this and other purposes.
HOW WE USE YOUR INFORMATION:
We use the personal information we collect to fulfil your requests for services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
We use your email to send service and transactional notices that are necessary to provide the service (Article 6(1)(b) GDPR), including legally required notices. We send marketing communications only with your prior opt-in consent (Article 6(1)(a) GDPR and applicable ePrivacy rules). You can withdraw consent at any time via the unsubscribe link or your profile; withdrawal does not affect the lawfulness of processing before withdrawal.
Our settings may also allow you to adjust your communications preferences. If you do not wish to receive promotional email messages from us, you may opt out directly through your profile settings under communication preferences or by following the unsubscribe instructions in those emails. If you opt out, you will still receive non-promotional emails from us about our Services.
Following termination or deactivation of your services, we retain personal data only as necessary for the purposes set out in this Policy or to comply with legal obligations, or to establish, exercise or defend legal claims, after which we delete or irreversibly anonymise it.
We will not publicly disclose any of your personally identifiable information other than as described in this Privacy Policy.
At our sole discretion, for any reason or no reason at all, we reserve the right to remove any content or messages if we believe that such action is necessary (a) to conform to the law, comply with the legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities;
to enforce this policy, to take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website; or (c) to exercise or protect the rights, property, or personal safety of the Website, our users, or others.
Business Transfers: As our businesses continue to evolve, we might sell one or more of our companies, subsidiaries or business units. In such transactions, personally identifiable information generally is one of the transferred business assets. In such event, this Privacy Policy may be amended as set forth below or the collection and uses of your personally identifiable information may be governed by a different privacy policy. Any successor entity will be bound by this Privacy Policy (or a policy offering materially equivalent protection). We will provide prominent notice of any material change and, where required by law, offer you choices (including the ability to withdraw consent) before new processing takes effect.
Disclosures to Public Authorities
We disclose personal data to courts, regulators or law-enforcement only where required by law or where disclosure is necessary and proportionate to protect the rights and safety of individuals, to prevent fraud or resolve security incidents, or to establish, exercise or defend legal claims. We carefully assess each request and, where legally permitted, notify affected users.
Where we rely on legitimate interests (Art. 6(1)(f) GDPR)—for example, to protect our services against abuse—we perform a Legitimate Interests Assessment balancing our interests against your rights and freedoms. A summary is available on request. You may object at any time to processing based on legitimate interests (see “Right to object”).
With Your Consent: Other than as set out above, you will receive notice and have the opportunity to withhold consent when personally identifiable information about you might be shared with unaffiliated third parties.
We may share personal data within our corporate group (holding and operating subsidiaries) for platform operations, support, security, compliance and consolidated reporting. Each intra-group recipient acts either as an independent controller or processor, as documented in our intra-group data-sharing agreement based on Standard Contractual Clauses (SCCs) where required. Details are available on request.
In delivering medical services, licensed clinicians act as joint controllers with Mobi Doctor Ltd for the clinical information processed during your consultation.
Each doctor is professionally and legally responsible for the care they provide, while Mobi Doctor controls and secures the digital platform through which the service is delivered.
Both parties are bound by the GDPR and medical confidentiality and cooperate under Article 26 GDPR to ensure your data are handled safely and lawfully.
Doctors access personal and health information only within the secure Mobi Doctor platform in order to provide medical care. They may not export, copy or store patient data outside the platform except where required by law or expressly authorised by Mobi Doctor.
Mobi Doctor also uses carefully selected service providers (processors) for hosting, video infrastructure, identity verification, payment processing, analytics and email delivery. These providers act only on Mobi Doctor’s instructions, are bound by data-processing agreements, must maintain appropriate security, and cannot use your data for any other purpose.
Roles of the Parties (Data Controllers)
Controller: Mobi Doctor Ltd, Tower Business Centre, 2nd Floor, Tower Street, Swatar, Birkirkara BKR 4013, Malta (C 90869)
Data Protection Officer: Ms. Hillman · dpo@mobidoctor.eu
Mobi Doctor Ltd acts as data controller for platform operations (account creation, bookings, payments, secure hosting and security of records, support and compliance).
Each licensed medical professional providing consultations acts as a joint controller together with Mobi Doctor Ltd for the processing of personal and health data necessary to deliver healthcare (consultation data, clinical notes, prescriptions, medical certificates).
Article 26 GDPR (essence of arrangement):
Mobi Doctor provides privacy notices, maintains the secure platform and hosting, determines retention, and acts as the single contact point for data-subject requests.
Doctors ensure professional confidentiality and the accuracy and lawfulness of the clinical content they create; they co-operate with Mobi Doctor to fulfil data-subject requests.
Platform rules prohibit exporting or retaining patient data outside the platform, except where required by law or expressly agreed with Mobi Doctor.
All privacy-related requests should be directed to dpo@mobidoctor.eu; Mobi Doctor will coordinate with the relevant doctor as needed.
HOW WE SHARE YOUR INFORMATION:
We use service providers for secure hosting, video consultations, identity verification, payment processing, analytics, and email communications. These providers are bound by data processing agreements (DPAs) and cannot use your data for any other purpose.
As a matter of policy, we will not sell or rent information about you and we will not disclose information about you in a manner inconsistent with this Privacy Policy except as required by law or government regulation. We cooperate with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights.
We may share your data with our services providers who process your personal information to provide services to us or on our behalf. We have contracts with our service providers that prohibit them from sharing the information about you that they collect or that we provide to them with anyone else, or using it for other purposes. These may include but are not limited to online payments processes, online security, the licensed medical professionals (joint controllers) providing care, and service providers (processors) who support hosting, video, identity verification, analytics and email under our instructions.
Where necessary to dispense a prescription, we share limited verification data with the dispensing pharmacy (e.g., prescription identifier, verification link, prescriber credentials). This is done under Art. 6(1)(b) and Art. 9(2)(h) GDPR for the provision of health care. No marketing use is permitted.
You may decline to submit Personally Identifiable Information through the Services, in which case we may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please discontinue use of our Service; your continued usage of the Service will signify your assent to and acceptance of our Privacy Policy and Terms of Use.
ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE
It is the responsibility of the patient to keep their profile up to date. Any updates or corrections to personal information should be made directly by the user through their account profile on the Website. Users can log in and edit their information at any time using their secure credentials.
We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is complete, relevant and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide. That's why we recommend that you:
Let us know if there are any errors in your Personal Information; and
Keep us up-to-date with changes to your Personal Information such as your name or address.
HOW WE PROTECT YOUR INFORMATION:
INTERNATIONAL DATA TRANSFERS
We primarily host and process personal data in the EEA. Where processing involves recipients outside the EEA, we rely on a lawful transfer mechanism such as an adequacy decision (for example, the EU–US Data Privacy Framework for certified US organisations) or the European Commission’s Standard Contractual Clauses (SCCs) with appropriate supplementary measures following a Transfer Impact Assessment (TIA). You may request a copy or summary of the relevant safeguards at dpo@mobidoctor.eu
DATA BREACH NOTIFICATION POLICY
In the event of a data breach likely to result in a high risk to your rights and freedoms, we will notify you and the competent authority without undue delay, in accordance with Articles 33 and 34 of the GDPR.
We are very concerned about safeguarding the confidentiality of your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorised access.
Controls include role-based access control with MFA, encryption in transit and at rest, pseudonymisation of selected datasets, network segmentation, continuous logging and monitoring, regular vulnerability scanning and penetration testing, supplier security due diligence, least-privilege access reviews, and secure key management. We operate an incident response plan aligned to Articles 33–34 GDPR.
By using this Website or the Services or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this Website or Services.
We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information.
Your sensitive information, such as payment information, is encrypted when it is transmitted to us
Using unsecured wi-fi or other unprotected networks to submit messages through the Service is never recommended.
We implement appropriate technical and organisational measures designed to protect personal data (Article 32 GDPR) and we continuously test and improve these measures. No system is perfectly secure; if we identify a personal data breach, we will act in accordance with Articles 33–34 GDPR.”
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.
Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property. However, nothing in this Policy is intended to limit any legal defenses or objections that you may have to a third party, including a government’s, request to disclose your information.
However, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us credit card information and/or other sensitive information through email. If you have reason to believe that your interaction with us is not secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section available on our Website.
YOUR CHOICES ABOUT YOUR INFORMATION:
You have several choices regarding use of information on our Services:
Email & SMS communications: Marketing emails/SMS are sent only with your opt-in consent (Art. 6(1)(a)). You can withdraw consent at any time via the unsubscribe link or your profile. Service-related messages necessary to provide the service may still be sent under Art. 6(1)(b)
When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly. Despite your indicated e-mail preferences, we may send you service related communications.
You may, of course, decline to submit personally identifiable information through the Website, in which case, we will not be able to provide our services to you.
RIGHTS OF THE DATA SUBJECT
Right of confirmation
Each data subject shall have the right granted by the European legislators to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact the controller.
Right of access
Each data subject shall have the right granted by the European legislators to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
You have the right to lodge a complaint with the supervisory authority in Malta: the Information and Data Protection Commissioner (IDPC). You can visit their website at https://idpc.org.mt or contact them via email at idpc.info@idpc.org.mt.
Supervisory Authority: Mobi Doctor Ltd. is primarily supervised by the Information and Data Protection Commissioner (IDPC) in Malta, our lead supervisory authority under the GDPR. As permitted by Article 77 GDPR, you may also lodge a complaint with your local supervisory authority in the EEA; however, for cross-border matters the IDPC normally acts as the competent authority responsible for investigation and enforcement.
The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact the Data Protection Officer (DPO) at dpo@mobidoctor.eu
We respond to data subject requests within one month of receipt. That period may be extended by up to two further months where necessary due to complexity or number of requests; if we extend, we will notify you within one month of receipt. We verify identity where needed to protect your data. Requests are free of charge unless manifestly unfounded or excessive.
Single contact point: Please address all data-subject requests to dpo@mobidoctor.eu. Mobi Doctor will coordinate with the consulting doctor where required under Article 26 GDPR.
Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact the Data Protection Officer (DPO) at dpo@mobidoctor.eu.
Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to the point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, they must make the request through their profile if the account has not been used. If the profile has been used for medical services, the request can be submitted to the Data Protection Officer (DPO) at dpo@mobidoctor.eu and will be reviewed in accordance with medical and legal obligations.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer (DPO) will arrange the necessary measures in individual cases.
Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead of the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by us, he or she may at any time contact the Data Protection Officer (DPO) at dpo@mobidoctor.eu.
Restriction of processing can be managed directly by the user through their profile settings, where applicable.
Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format.
He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
The right to data portability can be exercised directly by the user via their profile settings, where the option to download or transfer data is available.
Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR.
This also applies to profiling based on these provisions.
We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If we process personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing.
This applies to profiling to the extent that it is related to such direct marketing.
If the data subject objects us to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by us for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Whilst we advise contacting the DPO, who has specialised knowledge of data protection, in the correct circumstances you order to exercise the right to object, you may contact the Data Protection Officer (DPO) at dpo@mobidoctor.eu. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Automated Decisions and Your Rights
We use limited automated rules for fraud prevention, account integrity, and security monitoring. These checks may temporarily restrict access or trigger extra verification. Where an automated check would significantly affect your ability to use the service, you can request prompt human review, express your viewpoint, and contest the outcome at dpo@mobidoctor.eu
We do not use automated decision-making for medical, diagnostic, or prescription decisions.
You have the right to obtain human intervention, to express your point of view, and to contest any automated decision affecting you. You can exercise this right at any time by contacting dpo@mobidoctor.eu. Upon request, we will provide meaningful information about the logic involved, together with the significance and envisaged consequences of such processing.
Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, this can be managed directly through the user's profile settings. The right to withdraw consent can be managed directly through your profile settings. If assistance is needed, you may contact the Data Protection Officer (DPO) at dpo@mobidoctor.eu. Please note that withdrawal of consent may result in our inability to provide services, particularly where processing is necessary for the delivery of healthcare services.
Right to request access
You also have a right to access information we hold about you. We are happy to provide you with details of the personal information that we hold or process. To protect your personal information, we follow set storage and disclosure procedures, which mean that we will require proof of identity from you prior to disclosing such information. You can exercise this right at any time by contacting us on the above details.
Examples of retention periods include: medical records are stored for 10 years in line with Maltese healthcare laws; payment and billing records are kept for 5 years to meet accounting and tax compliance obligations.
STORING PERSONAL DATA
We retain your information only for as long as is necessary for the purposes for which we process the information as set out in this policy. However, we may retain your Personal Data for a longer period of time where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Different retention periods apply for different types of data and different criteria shall be considered. The primary factors considered for determining retention are in line with the company’s policy of full transparency. Primary factors include, but are not limited to the legal requirements, the medical necessary, the statute of limitations, the operation of the Company business and good practice.
We ensure that our hosting providers apply equivalent levels of security, confidentiality, and compliance with the GDPR.
Retention Schedule (summary):
• Clinical records (joint controllership: Mobi Doctor & the consulting doctor): retained per applicable medical-record laws (typically 10 years) and for the establishment, exercise or defence of legal claims (GDPR Art. 17(3)).
• Platform consultation metadata (by Mobi Doctor): 10 years to align with clinical record obligations in Malta
• Security logs (access, auth, anti-bot): 12 months, extended if an incident is under investigation
• Support tickets and live chat transcripts: 18–24 months
• Payments and invoices: 5–10 years per tax/accounting law
• Marketing preferences and consent records: for the life of consent + 24 months for audit
• Backups: rolling cycles up to 35 days; restores purge deleted items within 7 days of restore completion
• Prescription verification logs (pharmacies): up to 30 days, then anonymised (IP truncated/hashed); extended only if an incident is under investigation
CHILDREN’S PRIVACY:
Our services are available only to persons who can form a legally binding contract with us as per the applicable laws. Protecting the privacy of young children is especially important. Thus, we do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 18 may provide any personal information.
We operate an age-gate at registration and conduct periodic checks. If we learn that a user under 18 has registered without appropriate authorisation, we will delete the account and associated personal data without undue delay, except where retention is required by law or for legal claims.
MERGERS AND ACQUISITIONS:.
In case of a merger or acquisition, we reserve the right to transfer all the information, including personally identifiable information, stored with us to the new entity or company thus formed. Any change in the Website’s policies and standing will be notified to you through email.
LINKS TO THIRD PARTY WEBSITE:
Our website contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other websites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
NOTIFICATION PROCEDURES:
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.
OPTING OUT OF INFORMATION SHARING:
We understand and respect that not all users may want to allow us to share their information with other select users or companies.
You can manage marketing and non-essential data uses in your profile settings and through our cookie banner. Some sharing is necessary to provide the service or comply with the law (for example, with processors acting on our behalf, pharmacies for dispensing, or public authorities
However, under the following circumstances, we may still be required to share your personal information:
If we respond to court orders or legal process, or if we need to establish or exercise our legal rights or defend against legal claims.
If we believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use or as otherwise required by law.
If we believe it is necessary to restrict or inhibit any user from using any of our Website, including, without limitation, by means of "hacking" or defacing any portion thereof.
USER ACKNOWLEDGEMENT:
You understand that when using the Platform and its services, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. If you find any content to be libelous, objectionable, defamatory, and indecent or infringing your Intellectual Property Rights, you may contact us directly through “Contact Us” page and we shall take appropriate action to remove such content from the Website.
PHISHING OR FALSE EMAILS:
If you receive an unsolicited email that appears to be from us or one of our members that requests personal information (such as your credit card, login, or password), or that asks you to verify or confirm your account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a "phisher" or "spoofer." We do not ask for this type of information in an email. Do not provide the information or click on the link.
CHANGES TO OUR PRIVACY POLICY:
We may update this Privacy Policy and our data handling practices from time to time to reflect changes in law, technology, or our services. We do not provide individual notices of such updates. You are responsible for reviewing the most current version of this Privacy Policy to stay informed about how we process personal data.
Our Services may contain links to other Websites or services whose information practices may be different than ours.
For example, while using one or more of our Websites, you may link to a third party’s Website via a window opened within (or on top of) our Website.
Some of our Services may allow users to interface with third party Websites or services, such as Facebook and Twitter.
You will remain logged into those third party Websites or services until you actively log off.
By interfacing with those third party Websites or services, you are allowing our Services to access your information that is or becomes available via such third party Websites or services, and you are agreeing to those third party’s applicable terms and conditions.
Once you log onto any such third party Websites or services, the content you post there may also post to our Services.
Our Privacy Policy and procedures may or may not be consistent with the policies and procedures of such third party Websites or services, and when you visit such Websites or services our Privacy Policy does not apply to personally identifiable information and other data collected by the third party.
You should consult, read and understand the privacy notices of such third parties before choosing to provide personally identifiable information on any such Websites or services.
Our Services may also use a third party ad server to present the advertisements that you may see on our Services. These third party ad servers may use cookies, Web beacons, clear .gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy. Any third-party advertising or tracking technologies are disabled by default and will only operate after you provide opt-in consent to the relevant cookie category.
BREACH OF PRIVACY POLICY:
We reserve the right to terminate or suspend your usage of this Website immediately if you are found to be in violation of our privacy policy. We sincerely request you to respect privacy and secrecy concerns of others. The jurisdiction of any breach or dispute shall be Malta.
Cookie and Tracking Technologies
We set only strictly necessary cookies by default. Analytics, functional (where not strictly necessary), embedded media (e.g. YouTube) and advertising or tracking cookies load only after your explicit opt-in consent via our cookie banner, in accordance with Article 6(1)(a) GDPR and the ePrivacy Directive (2002/58/EC). You can change or withdraw consent at any time by clicking “Change your consent / Withdraw your consent” in the footer or cookie banner.
We continue to collect a limited set of technical data, including your IP address, browser type, timestamps, and basic device information, for the sole purpose of running and securing the website. These logs are retained only as long as necessary for security and diagnostics and are protected against unauthorised access. IP addresses are truncated or pseudonymised wherever possible.
Some cookie or SDK providers (for example, Google LLC / YouTube, Hotjar Ltd, or analytics vendors) are located outside the EEA. Where this results in a transfer of personal data to a third country, we rely on the European Commission’s Standard Contractual Clauses (SCCs) and apply supplementary technical and organisational measures following a documented Transfer Impact Assessment (TIA). A summary of these measures is available on request at dpo@mobidoctor.eu.
Unclassified cookies will not run until they have been reviewed and assigned to a lawful purpose. Any cookie used for profiling or cross-site tracking runs only after your explicit consent.
We do not rely on legitimate interests for analytics or advertising cookies.
Embedded content such as YouTube videos is blocked by default until you consent to the relevant cookie categories. Once consent is provided, these third-party services may place their own cookies and process your data in accordance with their privacy policies.
For our website to function properly we use cookies. To obtain your valid consent for the use and storage of cookies in the browser you use to access our website and to properly document this we use a consent management platform: CookieFirst. This technology is provided by Digital Data Solutions BV, Plantage Middenlaan 42a, 1018 DH, Amsterdam, The Netherlands. Website: https://cookiefirst.com referred to as CookieFirst.
When you access our website, a connection is established with CookieFirst’s server to give us the possibility to obtain valid consent from you to the use of certain cookies. CookieFirst then stores a cookie in your browser in order to be able to activate only those cookies to which you have consented and to properly document this. The data processed is stored until the predefined storage period expires or you request to delete the data. Certain mandatory legal storage periods may apply notwithstanding the aforementioned.
CookieFirst is used to obtain the legally required consent for the use of cookies. The legal basis for this is article 6(1)(c) of the General Data Protection Regulation (GDPR).
We have concluded a data processing agreement with CookieFirst. This is a contract required by data protection law, which ensures that data of our website visitors is only processed in accordance with our instructions and in compliance with the GDPR.
Our website and CookieFirst automatically collect and store information in so-called server log files, which your browser automatically transmits to us. The following data is collected: