Lyra International Global Privacy Policy

Last Updated: 12/02/24

Here are a few highlights of the changes to help you understand how this may impact your data.

• We’ve updated our Global Privacy Statement to address requirements in the UK and countries outlined in the addendums which can be found at the bottom of this policy under the ‘Jurisdiction Specific Terms’ tab.
• We’ve updated country and state requirements related to data collection, usage practices and disclosures.

Review our full statement below for complete details about the changes to our policy and to learn more about how we process personal information.

Introduction

Lyra International Holdings Ltd and its subsidiary companies and branches (referred to as Lyra International going forward) is a wholly owned subsidiary of Lyra Health Inc. Lyra International  supports organisations through the promotion of the health and wellbeing of their employees, while at the same time improving productivity and reducing absence. We have been an Employee Assistance Programme (“EAP”) provider since 1987 and today, we are one of the major global players in the sector. We are committed to ensuring your privacy and personal information is protected.

What is Data Protection Law?

Data protection law gives individuals certain rights about the way in which their personal data is processed. If organisations do not comply with data protection law, they may be subject to penalties imposed by the national data protection authorities and the courts. When Lyra International processes personal data, this activity and the personal data in question are covered and regulated by applicable data protection law, specifically the UK Data Protection Act 2018 and the UK GDPR – as the principal regulations in the policy – and the EU’s General Data Protection Regulation (GDPR) which covers all EU countries plus Norway, Iceland, and Lichtenstein.  For countries outside these regions where we – or our subsidiaries – gather and process data, additional conditions may apply, where this is the case, you will find these in our ‘Jurisdictional Specific Terms’ at the bottom of this policy.

Data Privacy Policy

This Data Privacy Policy (Global) (“Policy”) establishes Lyra International’s approach to global compliance and the lawful processing of personal data. As a UK company, the UK Data Protection Act 2018, the UK e-Privacy Regulations (‘PECR’), and the UK-adopted version of the EU GDPR (‘UK GDPR’) apply directly to all our UK processing, as such, for the purposes of this policy, we use ‘GDPR’ to refer to both the UK and EU versions due to their similarities, except when we refer to International Data Transfers for example.

We always seek to comply with the applicable data protection laws relevant to our processing of personal data, as such where local laws and regulations mandate additional restrictions on the collection, use and disclosure of personal data that exceed those contained in this Policy, the local laws and regulations will prevail.  These addendums can be found at the bottom of this policy under ‘Jurisdiction Specific Terms’ tab.

This Policy describes how personal data must be processed to meet Lyra International’s data protection standards and to comply with privacy laws and regulations. Additional instructions and / or guidelines regarding personal data processing activities at Lyra International are provided to employees in internal policies.

What does this mean for Lyra International?

Lyra International must take proper steps to ensure that it processes personal data on an international basis in a safe and lawful manner. Lyra International has therefore developed policies and procedures to ensure appropriate governance and compliance with such data privacy laws.  This framework will apply to all personal data processing activities conducted by Lyra International globally subject to our jurisdictional legal requirements.

Data Protection Principles

Below is the summary of basic data protection principles that Lyra International must observe when it processes personal data.

Principle 1 – lawfulness of processing, fairness and transparency

• Lyra International will ensure that all processing is carried out in accordance with applicable laws.
• Lyra International will inform and explain to individuals, at the time when their personal data is collected, how their personal data will be processed.

Principle 2 – purpose limitation

• Lyra International will only obtain and process personal data for those purposes which are known to the individual or which are within their expectations and are relevant to Lyra International.
• Lyra International will only process your data for the express purposes for which it was given, for example out of contractual obligation, because you’ve given your express consent, or where there is a legal basis for doing so. Where we consider ‘Legitimate Interest’ a legal basis, we will balance this against the potential risks to the rights and freedoms of the individual — for example, limiting what we keep, who we send your data to, how long we keep it for, what we do with it and the technical measures we use to protect your information.

Principle 3 – data minimisation

• Lyra International will ensure that data collected and processed is adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.

Principle 4 – accuracy

• Lyra International will keep personal data accurate and, where necessary, kept up to date.
• Every reasonable step taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’).

Principle 5 – limited retention of personal data

• Lyra International will only keep personal data for as long as is necessary for the purposes for which it is collected and further processed and to comply with our legal and regulatory obligations. The time we retain your personal information for, will differ depending on the nature of the personal information and what we do with it. In some cases, such as if there is a dispute or a legal action, we may keep personal information for longer.

• Where we retain call recordings for a period of 6 months after your last interaction with us or as required for operational needs. However, please note that certain local or national laws may require us to keep your data for a longer period. In such cases, we will hold your information in accordance with those legal requirements. Rest assured, all data is kept secure and will only be used for the purposes for which it was collected and will be deleted when it is no longer necessary for those purposes or as otherwise required by applicable laws.

• Your personal data will be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by data protection law in order to safeguard the rights and freedoms of individuals.

Principle 6 – integrity and confidentiality (security)

Lyra International has a dedicated security team who maintain stringent controls over the personal data we collect, maintaining it in firewalled and secured systems and databases with strictly limited and controlled access rights, to ensure it is secure.  If you would like to know more about how we secure your data you can contact us by emailing globaldpo@lyrahealth.com.

• Where processing is necessary for us to provide you with the services you require, such as assessing your needs, setting you up as a user, communicating with you, and assisting you with technical support, for example on our ICAS Hub App, your data will be processed and stored within the European Union. Please be aware that if you reside outside of the EEA, your data may also be processed at one of our regional servers, depending on the technical and operational requirements of the service provided. All processing will be in line with the relevant data protection regulations. You can find further information in the Jurisdictional Specific Terms at the bottom of this policy.

• Lyra International will implement appropriate technical and organisational measures to ensure a level of security of personal data that is appropriate to the risk for the rights and freedoms of the individuals.

• Lyra International will ensure that providers of services to us also adopt appropriate and equivalent security measures.

• Lyra International will comply with data security breach notification requirements as required under applicable law.

• Lyra International will ensure that information is processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.

Principle 7 – rights of individuals

• Lyra International will adhere to the data subject rights procedure under GDPR, where we operate in a country outside of the EU, UK or the broader EEA, your rights will be based on our obligations in that country, as such, we will respond to any requests from individuals to access their personal data in accordance with applicable law.

• Lyra International will also deal with requests to rectify or erase inaccurate or incomplete personal data, or to cease processing personal data in accordance with the data subject rights procedure. Please see below the contact details for each of our regional offices where you can exercise these rights.

Principle 8 – ensuring adequate protection for trans-border transfers

• Lyra International is a global business. To offer our services, we may need to transfer your personal data to companies within the Lyra Group of companies and with third parties in other countries.

Lyra International will not transfer personal data that is subject to GDPR to third parties outside the UK or the European Economic Area (“EEA”) without ensuring adequate protection.

With the exception of those countries with Adequacy under GDPR, where data is transferred outside the United Kingdom, EEA or Switzerland, for example to the US where the parent company, Lyra Health is registered the EU Standard Contractual Clauses, and the associated UK Addendum will apply to personal data that is transferred. This will also apply where either directly or via onward transfer and to any country or recipient outside the UK, EEA or Switzerland that is not recognised by the European Commission (or, in the case of transfers from Switzerland, the competent authority for Switzerland).

• We use “cookies” and other web technologies to collect information and to support certain features of our websites, this will include the transfer of identifiable cookie data to countries outside the UK and EEA that have different privacy laws and requirements, and some provide less legal protection for your personal information than others. For more information see our Cookie Policy.

Principle 9 – safeguarding the use of sensitive personal data

• Owing to the services that we offer, Lyra International sometimes needs to process sensitive personal information (known as special category data) about you, in order to fulfil our contractual requirements – referred to as a ‘Legal Basis’. Where we collect such information, we will only request and process the minimum necessary for the specified purpose and identify a compliant legal basis for doing so based on your jurisdiction.

• Where we rely on your consent for processing special category data, we will obtain your informed and explicit consent. You can modify or withdraw consent at any time, which we will act on immediately, unless there is a legitimate or legal reason for not doing so.

• Additional security measures and safeguards will be implemented to ensure that this sensitive personal data remains confidential and that it is deleted as soon as is reasonably possible.

Principle 10 – accountability

• Lyra International takes responsibility for compliance with the other data protection principles.

• Lyra International implements appropriate technical and organisational measures, including record keeping, in order to be able to demonstrate compliance.

Legally Binding Effect of This Policy

Lyra International and its employees (including new hires, individual contractors, and temporary staff) that process personal data worldwide must comply with, and respect, this Policy when processing personal data as a controller and / or processor, irrespective of the country in which they are located.

Lyra International reserves the right to change, modify or update this Policy, including changes to the Jurisdictional specific sections below at any time. Please review it frequently for any updates.

Contact Details and Your Rights to Complain

If you have any questions regarding the provisions of this Policy, your rights under this Policy or any other data protection issues, you can contact the Lyra International Data Privacy Office at the address below who will either deal with the matter or forward it to the appropriate person or department.

Our Data Protection Officer is available to facilitate requests for access or correction to users own personal information and to describe how you can file a complaint with the applicable regulator regarding our handling of your personal information where required by law:

To log a Data Subject Access Request, e-mail globaldpo@lyrahealth.com.

If you wish to comment, or make a complaint about the way we process your data or to find out more about your rights, you can contact our Data Protection Officer using the details below:

Attention: Ayjan Cunningham – Data Privacy Officer

Email: globaldpo@lyrahealth.com

Address: Lyra International Holdings Ltd, 85 Gresham Street, London, EC2V 7NQ

Please note that in some cases we may not be able to comply with a request relating to your rights under this policy for reasons such as our own obligations to comply with other legal or regulatory requirements. However, we will always respond to any request you make within one month or whatever the requirement is under your regional legislation and if we can’t comply with your request, we will tell you why. In some circumstances exercising some of these rights (including the right to erasure, the right to restriction of processing and the right to withdraw consent) will mean we are unable to continue providing you the services you have selected and may therefore result in the cancellation thereof.

Regional enquiries

Lyra International operates in over 150 territories worldwide, some regions of which are independent ‘non-Lyra’ subsidiaries who will process, maintain, and store service user data locally, and as such, will be solely responsible, and wholly accountable, under their own state or countries laws for how they manage this data.  Where this is not the case, and where data is potentially processed outside of its borders by Lyra International or its Parent company, we provide a non-exhaustive list of regional offices below who you can contact for data related queries. If you do not see your country listed below, please contact globaldpo@lyrahealth.com.

Jurisdictional Specifically Sections

Canada 

Applicable Law and Jurisdiction

This Canadian Jurisdictional Addendum (“Addendum”) is incorporated into and forms an integral part of the Privacy Policy of Lyra International and is applicable to all personal data collected or processed by us from data subjects located in Canada pursuant to the Personal Information Protection and Electronic Documents Act (‘PIPEDA’). If there is any conflict between this Addendum and the rest of the Privacy Policy, the provisions of this Addendum will prevail for the protection of personal information of data subjects residing in Canada.

Definitions:

• “Data Protection Law” (as defined in this Privacy Policy) includes the Canadian Federal Personal Information Protection and Electronic Documents Act (“PIPEDA”).

• “Applicable Data Protection Law” (as defined in this Privacy Policy) includes the Federal Personal Information Protection and Electronic Documents Act (PIPEDA)

• “Processor” (as defined in this DPA) includes a “Third Party Organisation” as defined under the PIPEDA.

• “Personal Data” (as defined in this DPA) includes “Personal Information” as defined under the PIPEDA.

• “Personal Data Breach” (as defined in this DPA) includes a “Breach of Security Safeguards” as defined under the PIPEDA.

Principal 2 – Purpose Limitation 

• Subject to Section 6 of the Quebec Privacy Act, information held and processed by Lyra Canada will be done so on the basis of Consent from the data subject except:
  • if there is a serious and legitimate reason to not obtain consent and either of the following conditions are fulfilled:
    • the information is collected in the interest of the person concerned and cannot be collected from that person in due time;
    • collection from a third person is necessary to ensure the accuracy of the information, or
  • if the collection is otherwise authorised by law.

Principal 8 – Ensuring adequate protection for trans-border transfers. 

• With limited exceptions, the Ontario Personal Health Protection Act requires Lyra Canada to obtain consent before personal health information is transferred outside of Ontario.  More broadly, where this is the case, and this involves transferring personal information of Canadians outside the province in which it was collected, it may be accessed by the courts, law enforcement and national security authorities of that jurisdiction.

• We take measures to ensure that recipients of your personal information in other jurisdictions (i) provide an adequate level of protection; (ii) will not use your personal information for purposes other than those described in this Privacy Policy

Principal 9 – Safeguarding the use of sensitive personal data. 

• In respect of personal information obtained from Quebec residents, where personal information is transferred to third party service providers, Lyra Canada will use safeguards to ensure that such third party service providers will take necessary security measures with respect to the protection of personal information that are reasonable given the sensitivity of the information, the purposes for which it is to be used, the quantity and distribution of the information and the medium on which it is stored.

• Lyra Canada’s sub-processors (subsidiaries), as set forth in Principle 8 of this policy, are third parties under Applicable Data Protection Law, with whom Lyra Canada has entered into a written contract that includes terms substantially similar to this policy. Lyra Canada has conducted appropriate due diligence on its sub-processors.

• Lyra Canada will ensure that the appropriate technical and organizational measures as set forth in Principle 6, clause 2 (Security) of this policy are adhered to.

Consent to the Collection, Use, and Disclosure of Personal Information.

• By using the services, you are representing to Lyra Canada that you have reached the age of majority in the Canadian province in which you reside, such that you can lawfully enter into agreements with Lyra Canada and provide your informed and express consent with respect to Lyra Canada’s collection, use, and disclosure of your personal information and personal health information. If you have not reached the age of majority in the Canadian province in your province of residence, you may not use or access our services or otherwise share your personal information or personal health information with us, unless your parent or another person lawfully entitled to give or refuse consent in the place of your parent has provided us with express consent on your behalf.

The parties have expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que cette politique ainsi que tous les documents qui s’y rapportent soient rédigés en anglais.

Complaints and Exercising Your Rights:

Our Data Protection Officer is available to facilitate requests for access or correction to users own personal information and to describe how you can file a complaint with the applicable regulator regarding our handling of your personal information where required by law. Please see contact details for both the Data Protection team, and applicable regulator in the table above.

MENA (Dubai office)

Applicable Law and Jurisdiction

This Dubai Jurisdictional Addendum (“Addendum”) is incorporated into and forms an integral part of the Privacy Policy of Lyra International and is applicable to all personal data collected or processed by us from data subjects located in Dubai, United Arab Emirates (UAE) pursuant to the Protection of Personal Data Protection (“PDPL”). If there is any conflict between this Addendum and the rest of the Privacy Policy, the provisions of this Addendum will prevail for the protection of personal information of data subjects residing in Dubai.

Definition of Terms

For the purpose of this Addendum, the terms “personal data,” “data subject,” “controller,” “processor,” and “processing” shall have the same meaning as provided under the General Data Protection Regulation (GDPR).

Local Legal Framework

Although the European Union’s General Data Protection Regulation (GDPR) provides a unified approach to data protection for individuals within the EU, Dubai has its specific legal framework concerning data protection. While this Addendum considers local regulations, it primarily serves to bridge any gaps or clarify any overlaps between the GDPR and local laws in Dubai.

Data Protection Authority

The relevant authority overseeing and enforcing data privacy and protection in Dubai is the Dubai Data Protection Department. Any concerns or questions related to the processing of personal data in Dubai should be directed to this authority.

Principle 7: rights of individuals

• Access: You have the right to request access to the personal data we hold about you, consistent with local laws and regulations.
• Correction: If the personal data we hold about you is inaccurate or incomplete, you can request that we correct it.
• Deletion: In specific circumstances, you can request the deletion of your personal data, unless there are compelling reasons for its retention.
• Objection: You have the right to object to the processing of your personal data in some circumstances.

Principle 8 – ensuring adequate protection for trans-board transfers

Given Dubai’s role as a global business hub, personal data may be transferred internationally. Any data transferred out of Dubai will be in line with local regulations and will only occur with jurisdictions that provide an adequate level of data protection as judged by Dubai’s standards.

Data Breach Notification: 

In case of a data breach that poses a risk to the rights and freedoms of individuals, we are obliged to notify the Dubai Data Protection Department and the affected individuals without undue delay.

Complaints: Complaints and Exercising Your Rights:

Our Data Protection Officer is available to facilitate requests for access or correction to users own personal information and to describe how you can file a complaint with the applicable regulator regarding our handling of your personal information where required by law. Please see contact details for both the Data Protection team, and applicable regulator in the table above.

Malaysia (Turning Point)

Applicable Law and Jurisdiction

This Malaysian Jurisdictional Addendum (“Addendum”) is incorporated into and forms an integral part of the Privacy Policy of Lyra International and is applicable to all personal data collected or processed by us from data subjects located in Malaysia pursuant to the Personal Data Protection Act 2010 (PDPA). If there is any conflict between this Addendum and the rest of the Privacy Policy, the provisions of this Addendum will prevail for the protection of personal information of data subjects residing in Malaysia.

If there is any conflict between this Addendum and the rest of the Privacy Policy, the provisions of this Addendum will prevail for the protection of personal information of data subjects residing in Malaysia.

Definitions: 

• “PDPA” refers to the Personal Data Protection Act 2010 of Malaysia and any subsequent amendments.
• “Data Subject” refers to an individual who is the subject of personal data as defined under the PDPA.

Data Controller and Data Processor:

Turning Point, Malaysia will be deemed the Data Controller for personal data collected from individuals residing in Malaysia.

Turning Point may engage third-party service providers as Data Processors to process personal data on its behalf. Such engagement will comply with the PDPA and be governed by a written agreement.

Principle 1 – lawfulness of processing, fairness and transparency 

• Where Turning Point collect personal data, Turning Point will collect, use, disclose, and process personal data of individuals in Malaysia only in accordance with the PDPA.

• Turning Point will obtain explicit consent from Data Subjects before collecting or processing their personal data, unless exempted under the PDPA.

• Turning Point will inform Data Subjects of the purpose of data collection and obtain separate consent if personal data will be used for any purpose beyond the original consent obtained.

Principle 7 – rights of individuals 

• Service Users have the right to access, correct, update, or delete their personal data as set out under the PDPA. Turning Point will respond to such requests within the timelines prescribed by the PDPA.

• Service Users have the right to withdraw their consent for the processing of their personal data. Turning Point will respect such requests, except where retention is necessary by law or for legitimate business purposes.

Principle 6 – integrity and confidentiality (security) 

• Turning Point will implement reasonable technical and organisational measures to protect personal data from unauthorised access, disclosure, alteration, or destruction, as required by the PDPA.

• In the event of a personal data breach, Turning Point will notify affected Service Users and the relevant regulatory authority in accordance with the PDPA.

Principle 8 – ensuring adequate protection for trans-border transfers

• Turning Point may transfer personal data of individuals in Malaysia to other countries, subject to compliance with the PDPA’s requirements for cross-border data transfers.

• Turning Point will ensure appropriate safeguards, such as obtaining consent or implementing contractual arrangements, to protect personal data during cross-border transfers.

Complaints and Inquiries:

Our Data Protection Officer is available to facilitate requests for access or correction to users own personal information and to describe how you can file a complaint with the applicable regulator regarding our handling of your personal information where required by law. Please see contact details for both the Data Protection team, and applicable regulator in the table above.

Singapore (SACAC)

Applicable Law and Jurisdiction

This Singapore Jurisdictional Addendum (“Addendum”) is incorporated into and forms an integral part of the Privacy Policy of Lyra International and is applicable to all personal data collected or processed by the us from data subjects located in Singapore.  If there is any conflict between this Addendum and the rest of the Privacy Policy, the provisions of this Addendum will prevail for the protection of personal information of data subjects residing in Singapore.

Definition of Terms

For the purpose of this Addendum, the terms “personal data,” “data subject,” “controller,” “processor,” and “processing” shall have the same meaning as provided under the General Data Protection Regulation (GDPR).

Principle 1 – lawfulness of processing, fairness and transparency

• SACAC shall ensure that any processing of personal data within Singapore complies with the legal bases for processing as set forth in the GDPR.
• SACAC shall obtain explicit and informed consent from individuals located within Singapore when processing their personal data unless another lawful basis for processing under the GDPR is applicable.

Principle 8 – ensuring adequate protection for trans-border transfers.  

• SACAC may transfer personal data of individuals located within Singapore to recipients located outside Singapore, subject to compliance with the requirements under the GDPR for international data transfers. SACAC shall ensure that appropriate safeguards, such as Standard Contractual Clauses, are in place when transferring personal data to recipients outside Singapore, unless an exception under the GDPR for such transfers applies.

Principle 7 – rights of individuals  

• Individuals located within Singapore shall have the same rights as outlined in the Privacy Policy and as granted under the GDPR, including but not limited to the right to access, rectification, erasure, restriction of processing, and data portability.
• SACAC shall respond to any requests made by individuals located within Singapore exercising their data subject rights within the timeframes specified by the GDPR.

Principle 5 – limited retention of personal data

• SACAC shall retain personal data of individuals located within Singapore only for as long as necessary to fulfil the purposes for which it was collected unless a longer retention period is required or permitted by law.

Cross-Border Data Transfer Assessments 

If SACAC engages in regular and systematic monitoring of individuals located within Singapore or carries out large-scale processing of special categories of personal data, it shall conduct a data protection impact assessment (DPIA) in accordance with the requirements of the GDPR.

Data Breach Notification 

In the event of a personal data breach affecting individuals located within Singapore, SACAC shall promptly notify the relevant Singaporean authorities and affected individuals, as required by the GDPR.

Complaints and Inquiries:

Our Data Protection Officer is available to facilitate requests for access or correction to users own personal information and to describe how you can file a complaint with the applicable regulator regarding our handling of your personal information where required by law. Please see contact details for both the Data Protection team, and applicable regulator in the table above.

South Africa

Applicable Law and Jurisdiction

This South African Jurisdictional Addendum (“Addendum”) is incorporated into and forms an integral part of the Privacy Policy of Lyra International and is applicable to all personal data collected or processed by us from data subjects located in South Africa pursuant to the Protection of Personal Information Act 4 of 2012 (“POPIA”). If there is any conflict between this Addendum and the rest of the Privacy Policy, the provisions of this Addendum will prevail for the protection of personal information of data subjects residing in South Africa.

Definitions

• “Controller” (as defined in this DPA) includes a “Responsible Party” as defined in the POPIA.
• “Data Protection Law” (as defined in this DPA) includes the South African Protection of Personal Information Act 4 of 2012 (“POPIA”).
• “Personal Data” (as defined    in this DPA) includes “Personal Information” as defined in the POPIA.
• “Processor” (as defined in this DPA) includes an “Operator” as defined in the POPIA.
• “Restricted Transfer of SA Personal Data” means any transfer of Customer Personal Data subject to the POPIA which is undergoing Processing or is intended for Processing after transfer to a SA Third Country or an international organisation in a SA Third Country, including data storage on foreign servers.
• “SA Third Country” means a country outside of the Republic of South Africa.

Principle 1 – lawfulness of processing, fairness and transparency

• The personal information collected by Lyra Southern Africa is consistent with the collection limitations set out by POPIA, which allows for the collection of personal information for a specifically defined, lawful purpose related to a function or activity of the Responsible Party. We ensure that data subjects are made aware that their personal information is being collected and the purpose for which it is being collected.

• Personal information will only be processed with the explicit consent of the Data Subject unless processing is necessary for compliance with applicable laws. Lyra Southern Africa will ensure that adequate security measures are in place to protect the integrity and confidentiality of the personal information.

Principle 6 – integrity and confidentiality (security) 

• Lyra Southern Africa will implement reasonable technical and organisational measures to protect personal data from unauthorised access, disclosure, alteration, or destruction, as required by POPIA.

• In the event of a personal data breach, Lyra Southern Africa will notify affected Service Users and the relevant regulatory authority in accordance with POPIA.

Principle 7 – rights of individuals

Under POPIA, data subjects have the right to:

• Be notified that their personal information is being collected.
• Access and correct their personal information.
• Object to the processing of their personal information in certain circumstances.
• Lodge a complaint with the Information Regulator.

Principle 8 – ensuring adequate protection for trans-border transfers  

With regards to any Restricted Transfer of Personal Data from South African service users to Lyra International within the scope of this Data Processing Addendum and the Principal policy, the following mechanisms, in the order of precedence, will apply:

• Data Protection Law to which Lyra International is subject, that effectively upholds the principles for reasonable processing of Personal Data that are substantially similar to the conditions for the lawful processing of Personal Data relating to a Data Subject, and which includes provisions substantially similar to Section 72 of the POPIA, relating to any further onward transfer of Personal Data (for the purposes of this Section 4.2.1 of this policy, the Parties agree that transfers to Lyra entities within the EEA, which are subject to the GDPR and Lyra entities within the UK, which are subject to UK Data Protection Law, comply with this mechanism);

• The terms of this DPA, as a binding agreement between the Parties to effectively uphold the principles for reasonable processing of Personal Data that are substantially similar to the conditions for the lawful processing of Personal Data relating to a Data Subject, and which includes provisions substantially similar to Section 72 of the POPIA, relating to any further onward transfer of Personal Data; or

• Any other lawful data transfer mechanism, as provided for in the POPIA.

Complaints and Inquiries:

Our Data Protection Officer is available to facilitate requests for access or correction to users own personal information and to describe how you can file a complaint with the applicable regulator regarding our handling of your personal information where required by law. Please see contact details for both the Data Protection team, and applicable regulator in the table above.

Switzerland 

Applicable Law and Jurisdiction

This Swiss Jurisdictional Addendum (“Addendum”) is incorporated into and forms an integral part of the Privacy Policy of Lyra International and is applicable to all personal data collected or processed by us from data subjects located in Switzerland pursuant to the Federal Act on Data Protection of 25 September 2020 (FADP). If there is any conflict between this Addendum and the rest of the Privacy Policy, the provisions of this Addendum will prevail for the protection of personal information of data subjects residing in Switzerland.

Definition of Terms

For the purpose of this Addendum, the terms “personal data,” “data subject,” “controller,” “processor,” and “processing” shall have the same meaning as provided under the General Data Protection Regulation (GDPR).

Principle 1 – lawfulness of processing, fairness, and transparency 

• The Company shall process personal data of data subjects located in Switzerland only on a lawful basis as provided under the FADP. The legal basis for processing may include the data subject’s consent, the necessity of processing for the performance of a contract with the data subject, compliance with a legal obligation, protection of vital interests, the performance of a task carried out in the public interest or in the exercise of official authority, or the legitimate interests pursued by the Company or a third party.

Principal 7 – Rights of Individuals:

Data subjects located in Switzerland have the following rights regarding their personal data:

• Right to Information: Data subjects have the right to obtain information about the processing of their personal data, including the purposes, categories of personal data processed, recipients or categories of recipients to whom the personal data is disclosed, and the retention period for the personal data.

• Right of Access: Data subjects have the right to access their personal data held by the Company and receive a copy thereof.

• Right to Rectification: Data subjects have the right to request the rectification of inaccurate personal data concerning them and the completion of incomplete personal data.

• Right to Erasure: Data subjects have the right to request the erasure of their personal data under certain circumstances, such as when the personal data is no longer necessary for the purposes for which it was collected or processed.

• Right to Restriction of Processing: Data subjects have the right to request the restriction of the processing of their personal data under certain circumstances, such as when the accuracy of the personal data is contested, or the processing is unlawful.

• Right to Data Portability: Data subjects have the right to receive their personal data in a structured, commonly used, and machine-readable format, and have the right to transmit such data to another controller without obstruction.

• Right to Object: Data subjects have the right to object to the processing of their personal data, including for direct marketing purposes or when the processing is based on the legitimate interests pursued by the Company.

• Right to Withdraw Consent: Where consent has been given to the processing of data, and where no other legal basis has been established for the processing of data, Data subjects have the right to withdraw their consent at any time.

Automated decision making:We are committed to protecting your data privacy and ensuring compliance with data protection regulations, including the Federal Act on Data Protection (FADP). In accordance with our data processing practices, we want to inform you that we do not engage in any automated decision-making processes in relation to your personal data.

Automated decision-making refers to processes that use algorithms, artificial intelligence, or machine learning to make decisions about individuals without human intervention. These decisions can have significant effects on your rights and interests. However, we want to assure you that any decisions made regarding your data, if necessary, are subject to human review and consideration to ensure fairness, transparency, and compliance with FADP.

Principle 8 – ensuring adequate protection for trans-border transfers:

• Lyra Schweiz only transfers anonymised data from Switzerland to locations inside the European Economic Area (EEA), as such, under Swiss law, this falls outside of the scope of what is considered personal data.

• Swiss law allows the transfer of personal data to countries with adequate data protection, therefore, where the data of a service user is not processed in Switzerland, for example when using the online chat feature outside of working hours, Lyra Schweiz will only transfer personal data from Switzerland to a country inside the European Economic Area (EEA). This compliance ensures that personal data is protected according to Switzerland’s robust data protection standards.

Complaints and Inquiries:

Our Data Protection Officer is available to facilitate requests for access or correction to users own personal information and to describe how you can file a complaint with the applicable regulator regarding our handling of your personal information where required by law. Please see contact details for both the Data Protection team, and applicable regulator in the table above.

1. “Lyra” includes but is not limited to Lyra Health International Holdings, Lyra Spain SLU, Lyra Southern Africa Pty Ltd, Lyra Health Hungary Kft, Lyra Netherlands BV, Lyra Belgium BV, Lyra Schweiz (Group), Lyra Malaysia Sdn Bhd, Lyra Singapore Pte Ltd and designated third parties (“Group Members”).
2. “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3. “Personal data” / “Personal information” means any information relating to an identified or identifiable natural person (“Data subject“); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. “Sensitive personal data” means “special categories of personal data” as set out in GDPR as well as Article 6 in the UK GDPR, which must be treated with extra security. These categories include health information and also genetic data and biometric data where processed to uniquely identify an individual. Personal data relating to criminal convictions and offences are not included, but similar extra safeguards apply to its processing.
5. For the purpose of this Policy, reference to Europe means the EEA which incorporates Norway, Iceland, Lichtenstein as well as Switzerland.