Privacy
Policy
Last
updated: July 2025
This
“Privacy Policy” explains how we collect, use, protect, and otherwise process
the personal information and data of individuals who use
https://app.unensayoparami.org (“Website”) and the services provided there; the
TherAI mobile application (“ Mobile Application ”),
the clinical trial search engine, patient data, the site network, the referring
physician network, payment solutions, and other functionalities (“Features”),
including patients (“you” / “your”), their physicians and clinic staff, and
expert physicians who assess their medical history and identify treatment
options. The Website, Mobile Application , and
Features are hereinafter referred to as “Solutions.”
The
Solutions are operated by Trialtech SL, BiomayBrasil
LTDA, and Biomay Software SAS (“Company,” “we,” “us,” or “our”). Un
Ensayo para Mí is a data
analytics company that provides potential clinical
trial match by evaluating a patient’s existing clinical information (collectively, the “Services”).
This
Privacy Policy covers only information and data collected or processed through
the Solutions and not any other information or data collected or processed by
third parties that provide products and services in connection with our
Solutions and Services, such as health plan administrators, patient care
administrators ("Service Providers"), or third-party websites,
solutions, products, or services to which we link that do not display this
Privacy Policy. We are not responsible for the content or privacy practices of
other online or mobile websites, solutions, or services.
We have updated our Privacy Policy to
ensure compliance with the General Data Protection Regulation (GDPR), the
Health Insurance Portability and Accountability Act (HIPAA), and various local
data protection laws in the countries where the Company operates. This update
aims to clearly and transparently inform individuals whose personal information
we process, explaining why we need that data, how we use it, their rights, with
whom it is shared, and the measures we implement to ensure its security and confidentiality.
The processing of personal data is
carried out in compliance with applicable legal regulations, including, but not
limited to, the Brazilian General Data Protection Law (LGPD, Law No.
13,709/2018), the Mexican Federal Law on the Protection of Personal Data Held
by Private Parties (LFPDPPP), the Argentine Personal Data Protection Law (Law
No. 25,326), and the California Consumer Privacy Act (CCPA).
THE
COMPANY IS NOT A MEDICAL PROVIDER, NOR IS IT A “COVERED ENTITY” SUBJECT TO
STATE OR FEDERAL LAWS GOVERNING THE PRIVACY OF MEDICAL RECORDS OR INFORMATION,
INCLUDING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,
COMMONLY KNOWN AS “HIPAA.”
I.
INFORMATION WE COLLECT
1.
Personally identifiable information
Our
Solutions and our Service Providers only collect personally identifiable
information (“PII,” also referred to as data or personal information in some
jurisdictions) for our purposes, as set forth in Section II below. THE
CATEGORIES OF PII WE COLLECT FOR OUR PURPOSES AND THE APPLICABLE LEGAL BASIS
FOR OUR DATA PROCESSING. PII is collected if you register for an appointment
with the Solutions, subscribe to a newsletter, send us a message via social
media, or use other features and resources of the Solutions. You can visit our
Site anonymously, but that may prevent you from accessing certain features or
Services or Solutions.
A.
Your patient profile
B.
Health provider profiles
C.
Service provider profiles
Medical
information disclosed to the company:
2.
Protected health information and confidential personal information
We
will collect and store sensitive personal information and data about you.
3.
Non-personal identification information
Our
website, solutions, and service providers may also collect non-personally
identifiable (anonymous) information (“non-PII”) from visitors, including
patients, healthcare providers, staff, clinical staff, medical experts, data
analysts, and health plan administrators. Non-personally identifiable
information is any information that cannot be directly or indirectly associated
with you.
4.
Cookies
“Cookies”
are short computer codes known as cookies, web beacons, and other technologies
that collect and store BOTH PII and non-PII when you visit our Solutions or
share website content or solutions through a social media account. The
following are examples of information that we or third-party service providers
collect with cookies:
The legal basis for the use of cookies is Article
6, paragraph 1, letter f) of the GDPR, Article 7, paragraph IX of the LGPD,
Article 14 of the LFPDPPP, and Articles 4 and 6 of Law No. 25,326. Our
legitimate interest lies in being able to conduct statistical evaluations of
the use of our website and optimize our online offering for users through data
processing.
5.
Social networks
We
may collect information through our presence on social media and networking
platforms. You may use social media or other online services to log in to the
Solutions. When you do so, information from those services may be made
available to us. By associating a social media account with the Solutions, we
may collect your PII, such as your username and email address.
6.
Patient representatives
A
patient may provide written, verbal, email, WhatsApp, or SMS authorization for
a person (e.g., a lawyer or relative) to make a request on their behalf. We may
deny access if we believe the patient authorizing access has not understood the
meaning of the authorization.
Next
of kin
Despite
the widespread use of the phrase "next of kin," this term is not
defined, nor does it have formal legal status. A next of kin cannot give or
withhold consent to share information on behalf of a patient. Next of kin do
not have the right to access medical records.
Legal
Guardians
A
court-appointed person to manage the affairs of a patient who is unable to
manage their experiences may submit a request. Access may be denied when the
general practitioner believes the patient has undergone relevant examinations
or investigations and expects the information not to be disclosed to the
requester.
7.
Information about you from other sources
We
collect personal information about you within the Solutions and from other
sources, including data from your physicians, medical practice staff, clinical
staff, health claims administrators, and patient benefit organizations. We may
combine all the information we collect about you to provide you with Services,
including data analysis to identify clinical trial and treatment options and,
when anonymized, for our research efforts and to improve our Services and
Solutions.
II.
THE CATEGORIES OF PII WE COLLECT FOR OUR PURPOSES AND THE APPLICABLE LEGAL
BASIS FOR OUR DATA PROCESSING
Depending on where you live, how
you interact with us, and how we may interact with certain Service Providers,
we may collect PII about you as set out in the "Personal Information"
column below. You will also find below the purpose of the processing and (for
the EEA and UK only) the legal basis we rely on for each type of PII we process
about you.
Please
note that:
2.
Mobile messaging SMS/MMS/WhatsApp/Push Notifications
We
respect your privacy. We will only use your PII to transmit your mobile
messages and respond to you if necessary. This includes, but is not limited to,
sharing PII with platform providers, phone companies, and other vendors who
assist us in delivering mobile messages.
WE
DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR TRANSFER FOR PROFIT ANY TELEPHONE
NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE WEBSITE OR SOLUTIONS TO
ANY THIRD PARTY.
However,
we always reserve the right to disclose any information as necessary to satisfy
any law, regulation, or governmental request, avoid liability, or protect our
rights or property (see Section III of this Privacy Notice) in accordance with
applicable data protection laws. When you complete online forms or provide us
with PII in connection with the Services, you agree to provide accurate,
complete, and truthful PII. You agree not to use a false or misleading name or
a name that you are not authorized to use. We assume, in our sole discretion,
that we believe such information is untrue, inaccurate, or incomplete, or that
you have chosen to participate in the Program for an ulterior purpose. In that
event, we may deny you access to the Program and pursue any appropriate legal
remedies.
We,
the Service Providers, and any third-party agencies acting on our behalf may
contact you and record calls or any communications on such numbers via
telephone call, voicemail, Internet-to-telephone message, SMS text message,
interactive voice recordings using automatic dialing systems, or artificial or
pre-recorded voice messages (“Communications”) regarding orders, delivery
updates, requests for transactional feedback, and other informational purposes.
Standard
message, data, voice, or other rates may apply to communications you receive
from your landline, mobile service, or wireless device carrier.
You
can contact the Un Ensayo para Mí
DPO. You can also call +529986090097, +541152357848, or +552120180193
for assistance at any time.
You
can send any of the following messages in response to a text message to opt out
of receiving further text messages from the Company: “Stop” or “Unsubscribe.”
After sending one of these messages, you may receive a final text message
confirming your opt-out request.
Additional
terms and conditions may be provided to you in the future (for example, as part
of a subscription confirmation text message), and such terms and conditions
will supplement, not replace, these Terms.
BY
PROVIDING YOUR TELEPHONE OR CELL PHONE INFORMATION, YOU KNOWINGLY AND
VOLUNTARILY AGREE TO INDEMNIFY, DEFEND THE COMPANY AND ITS PARENTS,
SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND
AGAINST ANY AND ALL LOSSES, COMPLAINTS, DEMANDS, CLAIMS, CAUSES OF ACTION,
LIABILITIES, COSTS, JUDGMENTS, DAMAGES, FINES, PENALTIES, COMPENSATION,
ATTORNEYS' FEES AND EXPENSES OF ANY KIND, INCLUDING ANY AND ALL TYPES OF
INJURIES OR DAMAGES SUFFERED BY YOU, ARISING OUT OF (OR RELATED TO) THE
COMMUNICATIONS. YOU KNOWINGLY AND VOLUNTARILY AGREE NOT TO USE OR CAUSE ANY
SUIT, COMPLAINT, CLAIM, OR CHARGE TO BE BROUGHT ON YOUR BEHALF AGAINST THE
COMPANY OR ITS SUPPLIERS IN CONNECTION WITH SUCH DAMAGES.
Wireless
carriers are not responsible for delayed or undelivered messages, which may
occur due to factors beyond the carriers' control.
3.
Links to other websites
The
Website includes links (the “Linked Sites”) to other websites. By providing
access to these Linked Sites, the Company in no way endorses the products or
services on these Linked Sites. The Company is not responsible for the privacy
practices or content of the Linked Sites at this time.
The Company expressly disclaims all responsibility and liability associated
with your use of the Linked Sites. We encourage you to review the privacy
statements posted on those sites to understand their procedures for using and
disclosing personal information.
III.
WHEN DO WE SHARE INFORMATION?
1.
Service providers
We
may transfer personal information to Service Providers, such as third-party
contractors, auditors, consultants, or other individuals engaged by the Company
to assist in providing financial or operational activities on the Company's
behalf, including technical and processing services and website performance
analysis.
2.
Legal requirements
Under
certain circumstances, to comply with laws, regulations, subpoenas, warrants,
or other government orders, we may disclose your personal information to
respond to any government or regulatory request.
We
may transfer PII to other third parties if we receive your permission or are
required to do so by law, or if we believe in good faith that such disclosure
is necessary to comply with a current judicial proceeding, a court order, legal
process served on the Company, or to resolve any perceived fraud or
irregularities in any audit of the accuracy of any documentation or information
submitted to the Company by you or on your behalf, as the Company deems
appropriate.
3.Transfers
of commercial assets
Suppose
the Company goes through a transaction, such as a merger, being acquired by
another entity, bankruptcy, or the sale of all or a portion of its assets. In
that event, your PII may be part of the transferred business assets. We cannot
guarantee that you will be notified in advance of the transfer, if any, of your
PII in connection with such a transition or transfer.
4.
Protection of the company and others
We
reserve the right to access, read, preserve, and disclose any information that
we reasonably believe is necessary to comply with the law or a court order;
enforce or apply our Terms of Use and other agreements; or protect the rights,
property, or safety of our Company, employees, users, or others. This includes
exchanging information with other companies and organizations for fraud
protection and to reduce the risk of a data breach.
5.
Aggregate or anonymous information
We
may share your PII and user data in aggregate or anonymous form: to improve our
Services, communicate with Service Providers and other third parties, and in
our annual report and marketing materials.
6.
With consent
Except
as set forth above, you will be notified when PII is to be shared with third
parties and may prevent the sharing of this information.
7.
How we use non-personally identifiable information (non-PII)
We
also use non-PII to monitor and improve our Services and website quality, for
data research, and for statistical purposes. We use non-personally identifiable
information to provide consulting services to other users, for research, and to
share, lease, or sell our data and analytics to patient assistance programs,
clinical laboratories, cancer screening providers, pharmaceutical
manufacturers, and oncologists to improve their professional services,
screening, and treatment products, and to educate the public about the Services
we provide.
IV.
HOW DO WE MANAGE CHILDREN'S DATA?
Children
16 years and older
Subject
to local laws, if a mentally competent child is 16 years of age or older, they
have the right to request or deny access to their records. If anyone else
requests access from this Company, they must first verify with the patient that
they are happy for it to be released.
Children
under 16 years old
Unless
local laws provide otherwise, persons with parental responsibility for a child
under 16 years of age have the right to request access to those medical
records. A person with parental responsibility is:
V.
HOW WE PROTECT AND PRESERVE YOUR INFORMATION
We
take security measures to protect against unauthorized access to or
unauthorized alteration, disclosure, or destruction of data. These include
encryption-based internet security protocols (SSL), security software,
encryption, internal reviews of our data collection, storage, and processing
practices, security measures, and physical security measures to protect against
unauthorized access to the system.
We do not retain your PII longer
than necessary for the purposes of the processing. We delete and destroy
individual PII records and all non-PII records in accordance with the Appendix
below.
We
may retain your PII for the establishment, exercise, or defense of legal
claims. In addition, we may retain your PII to make it available to a
supervisory authority, investigative authority, court, or other government body
for the period specified by law.
We
have robust information security policies and procedures in place to protect
personal information from unauthorized access, alteration, disclosure, or
destruction. We have several layers of security measures, including:
SSL,
access controls, password policy, encryption, pseudonymization
, profile-based restriction, IT management, authentication,
authorization, VPN, firewalls, incident and vulnerability management, 24/7
security monitoring.
VI.
HOW TO CONTROL AND CORRECT YOUR INFORMATION
The
Solutions use cookies that collect user data as described in Section I and
Section II, as set forth in our Cookie Notice. You may accept or decline
cookies. Most browsers automatically accept cookies. You may opt out of
providing users with our Service Providers or suppliers by following the
opt-out procedures set forth below, but then you may not be able to access some
of our Services.
1.
Correction of your personal information
To
access and maintain accurate, complete, and up-to-date personal information
collected online, or to request deletion, you may contact us at
privacy@trialtech.es. In some cases, when we are required by law or regulation
to retain information to continue administering a service you've requested, to
ensure we honor your preferences, or for other necessary business purposes, we
may not be able to delete certain personal information about you.
2.
Control: Your choices
You have several options to control how your
information is shared and used after you provide it.
You choose:
·
Store or delete the records you provide to us, as well as the reports
returned to you based on the results of your documents.
·
The Clinical Trial Compatibility reports you see or choose to see.
·
When and with whom you share your information, including your
caregivers, family members, authorized relatives, healthcare professionals, or
others outside of our Services.
·
Delete your account and data from A Trial for Me Clinical Trials
Compatibility at any time.
Every person has the following rights when requesting
them from the Company:
a) Know whether or not your
Personally Identifiable Information (PII) is being processed.
b) If the PII has been processed, request information
about it.
c) Know the purpose of the processing of the PII and
whether it is being used in accordance with that purpose.
d) Know to which third parties, inside or outside the
country, the PII has been transferred.
e) Request correction of your data in case of
incomplete or incorrect processing of PII.
f) Request the deletion or destruction of PII in
accordance with applicable law.
g) Request that third parties to whom PII has been
transferred be notified of the actions taken pursuant to (d) and (e).
h) Oppose the obtaining of a result against you
through the automated analysis of the processed data.
i) Request compensation for damages suffered due to
the unlawful
processing of PII.
3.
Your Rights
You have the following rights. Your exercise of
them will be processed immediately, and you will not be penalized in any way.
Right to information (Art. 15 GDPR, Art. 18 LGPD, Art. 16
LFPDPPP,
Art. 14 Law No. 25,326): The user may, without having to pay anything, request
information from Un Ensayo para Mí
about what personal data is being processed, what its source is and for what
purpose(s) it is being processed and, insofar as relevant, to which recipients
or categories of recipients this data is transmitted. Requests for information
made electronically will be answered electronically.
Right of revocation (Art. 21 GDPR, Art. 18 LGPD, Art. 8
LFPDPPP, Art.
16 Law No. 25,326): The user may revoke the processing of their data for
reasons arising from their particular situation, as long as the data processing
is based on the observation of justified interests of Un Ensayo
para Mí or a third party (Art. 6, paragraph 1, letter
f) GDPR, Art. 7, paragraph IX LGPD, Art. 11 LFPDPPP, and Art. 6 Law No.
25,326), as well as in cases where the data processing is carried out in the
public interest (Art. 6, paragraph 1, letter e) GDPR, Art. 7, paragraph III
LGPD, Art. 13 LFPDPPP, and Art. 5 Law No. 25,326). If the user files a
revocation, Un Ensayo para Mí
will no longer process the data, unless it can demonstrate well-founded and
legitimate grounds for the processing that prevail over the user's interests,
rights and freedoms, or the processing serves to enforce, exercise or defend
legal claims.
To the extent that Un Ensayo
para Mí processes personal data to provide targeted
information about the range of Un Ensayo para Mí services ("Advertising
Purposes"), the user
has the right to object to the processing of their personal data for such
purposes. In the event of an objection to processing for advertising purposes,
Un Ensayo para Mí will no
longer process the user's personal data for these purposes.
Right to data transfer (Art. 20 GDPR, Art. 18 LGPD, Art.
12 LFPDPPP,
Art. 14 Law No. 25,326): The user has the right to request the publication of
the personal data that he or she has made available to Un Ensayo
para Mí in a structured format that can be read on a
common computer, provided that the processing of the data is based on the
user's consent (Art. 6, paragraph 1, letter a) GDPR, Art. 7, paragraph I LGPD,
Art. 8 LFPDPPP, and Art. 5 Law No. 25,326) or that the processing is carried
out for the performance of a contract signed with the user or for the execution
of pre-contractual measures (Art. 6, paragraph 1, letter b) GDPR, Art. 7,
paragraph V LGPD, and Art. 12 LFPDPPP).
Right to correction (Art. 16 GDPR, Art. 18 LGPD, Art. 16
LFPDPPP,
Art. 16 Law No. 25,326): In the event that personal
data is incorrect or incomplete, its rectification or completion may be
requested.
Right to deletion (Art. 17 GDPR, Art. 18 LGPD, Art. 16
LFPDPPP,
Art. 16 Law No. 25,326): The user may demand the immediate deletion of his or
her data when (i) the purpose of the data processing
has ceased, (ii) the processing is based on the user's consent and this has
been revoked, (iii) the user has objected to the processing and no other type
of processing has taken place, or (iv) the legal basis for the processing of
the data does not exist.
Right to restriction of processing (Art. 18 GDPR, Art. 18
LGPD, Art. 16 LFPDPPP,
Art. 16 Law No. 25,326): The processing of personal data may be restricted in
specific cases, such as (i) while a data correction
is being verified, (ii) when the processing was initially unlawful, or (iii)
when the data is no longer required but is needed by the user to exercise legal
rights.
Right of appeal (Art. 77 GDPR, Art. 18 LGPD, Art. 18
LFPDPPP,
Art. 14 Law No. 25,326): The user has the right to address a supervisory
authority with appeals related to the processing of their data.
Right to revoke consent (Art. 7, section 3 GDPR, Art. 18
LGPD, Art. 8
LFPDPPP, Art. 6 Law No. 25,326): The user has the right to revoke at any time a
consent given to Un Ensayo para Mí
for the processing of their personal data.
4.
Learn more about cookies, web beacons, and other technologies
For
more information about cookies, including how to reject cookies on your
computer by adjusting your web browser settings, follow these links:
5.
Limitation of liability
YOU
UNDERSTAND AND AGREE THAT ANY DISPUTE RELATING TO THE SOLUTIONS OR YOUR USE OF
THE SOLUTIONS, INCLUDING, BUT NOT LIMITED TO, A DISPUTE OVER PRIVACY, IS
SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND THE COMPANY'S
TERMS OF USE (INCLUDING ANY INDEMNIFICATION AND LIMITATIONS OF DAMAGES
CONTAINED THEREIN). A LINK TO THESE TERMS OF USE CAN BE FOUND AT THE BOTTOM OF
THE WEBSITE HOME PAGE AND EMBEDDED LINKS WITHIN VARIOUS SECTIONS OF THE
SOLUTIONS.
6.
Unavailability of the Solution or Services
The
Company reserves the right to alter, suspend, or discontinue the Solutions or
Services for any reason without prior notice or cause. The Solutions or
Services may be temporarily unavailable due to maintenance or computer
equipment malfunctions.
VI.
AGREEMENT: CHANGES TO THIS PRIVACY POLICY
By
using the Solutions or Services, you acknowledge that you have read the data
practices described in this Privacy Policy. You agree that your visit and any
dispute over privacy are subject to our Terms of Use, including, but not
limited to, provisions regarding limitations on the Company's liability and
application of the laws of the Government of Spain. The Company may
periodically update this Privacy Policy in response to new technologies,
changes in applicable laws, or for any other reason at the Company's sole
discretion. If we decide to change this Privacy Policy, we will post those
changes here so that you are always aware of what information we collect, how
we might use it, and whether we will disclose it to anyone. Please review this
Privacy Policy periodically to stay informed of any changes. You can tell when
this Privacy Policy was modified by looking at the "Last Updated"
legend at the top of the page.
VII.
LOCAL PROVISIONS
1.
Local Provisions: California
If
you are a California resident, the following applies in addition to the rest of
this Privacy Policy:
2.
Local provisions: European Union
If
you reside in the European Union, the following applies in addition to the rest
of this Privacy Policy:
VIII. CONTACT DETAILS OF THE CONTROLLER
Contact details of the responsible authority:
Trialtech SL
De losCharcos Avenue 19, 28860, Madrid
Tax Identification
Number: ES B01808039
Email:
privacy@trialtech.es
Contact details of the data protection officer of the
responsible authority:
European Union & Americas:
Data Privacy Office
Espanya Industrial 7, 3° 1
08014 Barcelona
Email: privacy@trialtech.es
Brazil:
Vitor Nyari
RNPPD No: 1877119700101/RJ
Email: vnyari@trialtech.es
Using the contact addresses mentioned above, you can
assert the rights mentioned in Section VI.3 both before the responsible
authority and your data protection officer. You can also ask questions related
to data protection or make suggestions to government agencies in each
jurisdiction. Their contact information is provided below:
Spain:
The Spanish Data Protection Agency is the competent
supervisory authority. It oversees compliance with data protection law in
Spain. Users have the option of contacting the supervisory authority at any
time.
Spanish Data Protection Agency
C/ Jorge Juan 6, 28001, Madrid
Tel.: +34 / 900 293 183
Complaints: https://sedeagpd.gob.es/sede-electronica-web/vistas/infoSede/tramitesCiudadano.jsf
Brazil:
The National Data Protection Authority (ANPD) is the competent
supervisory authority in Brazil. It oversees compliance with data protection
law as established in the General Data Protection Law (LGPD). Users have the
option of contacting the supervisory authority at any time.
National Data Protection Authority (ANPD)
SCS, Quadra 09, Lot C, Tower C - Ed. Parque Cidade Corporate, Brasília,
Brazil
CEP: 70308-200
Website: https://www.gov.br/anpd
Complaints: https://www.gov.br/anpd/pt-br/canais_atendimento/cidadao-titular-de-dados/denuncia-peticao-de-titular
Mexico:
The National Institute for Transparency, Access to
Information, and Protection of Personal Data (INAI) is the competent
supervisory authority in Mexico. This body oversees compliance with the Federal
Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) and
ensures that those responsible for and in charge of personal data comply with
applicable legal provisions.
National Institute for Transparency, Access to
Information and Protection of Personal Data (INAI)
Insurgentes Sur 3211,
InsurgentesCuicuilco
Neighborhood, Coyoacán, CP 04530, Mexico City, Mexico
Telephone: +52 (55) 5004 2400
Website: https://home.inai.org.mx
Complaints: https://www.plataformadetransparencia.org.mx
Argentina:
The Agency for Access to Public Information (AAIP) is
the competent supervisory authority in Argentina. This body oversees compliance
with the Personal Data Protection Law (Law No. 25,326) and ensures that those
responsible for and in charge of personal data comply with applicable legal
provisions.
Agency for Access to Public Information (AAIP)
Julio A. Roca 710, 3rd Floor, C1067ABP, Autonomous
City of Buenos Aires, Argentina
Telephone: +54 (11) 3988-3968
Website: https://www.argentina.gob.ar/aaip
Complaints: https://www.argentina.gob.ar/servicio/denunciar-incumplimientos-de-la-ley-de-proteccion-de-datos-personales