Privacy statement and terms of use.

1. Introduction

Welcome to Proxst. Proxst is an application developed for use by physiotherapy practices and authorised practice staff in combination with a specially developed scale. The application supports the recording, analysis and reporting of measurements relating to, among other things, balance, pressure distribution and foot arch, and supports monitoring progress during treatment.

This privacy statement explains how personal data is handled within Proxst. Because Proxst is used in a treatment or practice context, the processed data may also include health data.

2. Who is responsible for the personal data?

2.1 Trone B.V.

Proxst has been developed and is technically managed by:

Trone B.V.
Tappersweg 8F
2031 ET Haarlem
The Netherlands
Chamber of Commerce: 92509428
VAT: NL866079816B01
E-mail: info@trone.nl
Telephone: +31 6 3931 2262

2.2 Roles in data processing

For patient and measurement data entered into Proxst in the context of treatment, guidance, reporting or progress monitoring, the relevant physiotherapy practice is in principle the data controller. The practice determines why and how these data are used in the healthcare or treatment context.

Trone B.V. in principle acts as processor for such data and provides the technical infrastructure, application management and hosting and support services surrounding Proxst.

For limited data relating to practice accounts, support requests, security and technical management, Trone may additionally act as an independent controller for that specific processing where necessary for operating, securing and supporting the app.

3. To whom does this privacy statement apply?

This privacy statement applies to:

• physiotherapy practices using Proxst;
• practice staff and administrators using an account;
• patient data processed in Proxst by or on behalf of an affiliated practice;
• data arising from the use of the connected measuring equipment and reporting functionality.

Proxst is not intended as a public consumer app for independent use by patients without the involvement of a practice.

4. Which personal data do we process?

Depending on the use of Proxst, the following categories of data may be processed.

4.1 Practice and account data

• practice name;
• practice or user e-mail address for login and account management;
• user role(s), such as practice employee or administrator;
• support or contact details provided by the practice.

4.2 Patient and record data

• abbreviated patient name or initials;
• complaint information, notes or observations entered by the practice;
• measurement results and progress information;
• reports prepared on the basis of entered or measured data.

4.3 Measurement and device-related data

• balance measurements;
• measurements relating to foot arch / arc;
• pressure distribution and pressure point percentages;
• derived measurement data stored in JSON or similar form for analysis and reporting;
• technical data required for the Bluetooth connection with the dedicated scale.

4.4 Technical and security data

Where necessary for the security, stability and maintenance of Proxst, limited technical data may also be processed, such as error messages, logs, access records and system information.

Because Proxst is used in a healthcare context and may process measurement and complaint information, these data may qualify as health data, a special category of personal data under the GDPR.

5. For what purposes is personal data processed?

Personal data within Proxst is processed for the following purposes:

• creating and managing practice accounts and user permissions;
• connecting the app to the dedicated scale via Bluetooth;
• performing, storing and displaying measurements;
• preparing reports and progress overviews;
• supporting physiotherapy guidance and treatment processes;
• technically managing, securing and maintaining the app;
• handling support requests and resolving incidents;
• complying with applicable legal obligations.

Proxst is intended as a tool within practice operations. Insights from the app can support the practitioner and may contribute to diagnostic or therapeutic considerations, but do not replace professional medical judgement.

6. On what legal basis does processing take place?

For patient data within Proxst, the practice is responsible for having a valid legal basis and, where necessary, a valid exception for processing health data under the GDPR and other applicable healthcare legislation.

In practice, processing will generally take place to the extent necessary in the context of the treatment relationship, practice operations, reporting and/or other applicable legal obligations of the practice. Trone processes such data solely on behalf of the practice, insofar as and as long as necessary for providing Proxst.

For account, support, security and technical management data, Trone may rely on performance of the contract, legitimate interest in secure and stable services, and where relevant compliance with legal obligations.

7. How do we obtain the data?

Data within Proxst is generally obtained:

• directly from the affiliated practice or its authorised staff;
• via the connected measuring equipment;
• from processing measurement results into reports and progress overviews;
• through contact moments with Trone, for example support requests or deletion requests.

8. Device features and permissions used

Proxst currently uses the following device feature:

Bluetooth

Bluetooth is used to connect to the dedicated scale used to perform measurements. This permission is used solely for the functional connection with the measuring equipment.

Under the current setup, Proxst does not request unnecessary permissions for camera, contacts or location, unless this is explicitly added in a future version and explained in advance.

9. With whom do we share personal data?

We do not sell personal data.

Personal data may however be shared with or be accessible to:

• the relevant physiotherapy practice and its authorised staff;
• Trone B.V., for technical management, maintenance, support and hosting-related work;
• hosting and infrastructure providers, insofar as required to offer Proxst;
• government authorities or supervisory authorities, if we are legally required to do so;
• recipients chosen by the practice for exported reports, insofar as the practice exports or shares such data itself.

Proxst hosting uses server capacity from Hetzner, including in Germany within the EEA. Where Trone engages subprocessors, this is done only insofar as necessary for the service and subject to appropriate contractual arrangements.

10. Transfers outside the EEA

Based on the current setup, data is in principle hosted within the European Economic Area, including Germany. Proxst is primarily intended for use in the Netherlands.

If personal data were in the future to be processed or accessed outside the EEA, this would only take place subject to appropriate safeguards in accordance with applicable privacy legislation.

11. Security

Trone takes appropriate technical and organisational measures to protect personal data against loss, unauthorised access, unwanted disclosure and unlawful processing.

These measures include, where appropriate and applicable:

• encryption of data in the database;
• access restrictions based on roles and authorisations;
• measures protecting confidentiality, integrity and availability;
• management and security measures surrounding hosting and infrastructure;
• procedures for support, incident handling and deletion requests.

No system can guarantee absolute security. Trone and the practice make every effort to maintain security at an appropriate level.

12. How long do we retain data?

12.1 Patient data

Patient and measurement data are in principle retained for as long as the affiliated practice must or may retain such data under applicable laws, professional standards and/or record-keeping obligations.

12.2 Practice and account data

Practice and account data are retained for as long as necessary to provide Proxst, manage accounts, support, security and any administrative or legal obligations.

12.3 Backups and logs

Technical logs, backups and security data are not retained longer than reasonably necessary for security, continuity, recovery and compliance.

13. Deletion of data

At present, data deletion requests can be submitted via: kai@trone.nl

Because the practice is in principle the controller for patient data, Trone may require a deletion request to be confirmed by or through the relevant practice. Data will not be deleted insofar as retention remains legally required or permitted.

In the future, an admin portal may become available allowing practices to carry out certain management tasks, including deletion, themselves.

14. Export of reports

Proxst offers the possibility to export reports. Once a practice exports a report or shares it outside Proxst, that practice is itself responsible for the lawful and secure further handling of the exported file, including transmission, storage and disclosure to third parties.

15. Rights of data subjects

Depending on the situation and applicable law, data subjects may have rights such as:

• right of access;
• right to rectification;
• right to erasure;
• right to restriction of processing;
• right to object;
• right to data portability, where applicable;
• right to lodge a complaint with the Dutch Data Protection Authority.

Because the practice is in principle the controller for patient data, patients and other data subjects should in the first instance exercise their privacy rights with the relevant practice.

If Trone receives a request directly relating to patient data of a practice, Trone may forward that request to the relevant practice or handle it in coordination with that practice.

16. Data breaches and incidents

In the event of a security incident or data breach relating to data in Proxst, Trone will, insofar as Trone has a role in it, inform the relevant practice without undue delay so that the practice can assess and fulfil any legal obligations.

17. Changes to this privacy statement

Trone may amend this privacy statement from time to time, for example in the event of changes to the app, functionalities, legislation or processing activities. The most recent version will be published on the designated page.

18. Contact

For general questions about Proxst or this privacy statement, please contact:

Trone B.V.
E-mail: info@trone.nl
Telephone: +31 6 3931 2262

For deletion requests or operational privacy questions relating to deletion, you may also contact: kai@trone.nl

1. Applicability

These terms of use apply to the use of the Proxst app and all related functionalities, services, reports and integrations with the dedicated scale.

By using Proxst, the user declares, on their own behalf and, if applicable, on behalf of the practice they act for, that they agree to these terms of use.

2. Who is Proxst intended for?

Proxst is intended exclusively for:

• physiotherapy practices;
• authorised practice staff;
• administrators with valid authorisation.

Proxst is not intended for general consumer or patient use without the involvement of an authorised practice.

3. Nature of the service

Proxst is a professional tool supporting:

• performing and recording measurements;
• monitoring progress;
• generating reports;
• supporting physiotherapeutic assessment and guidance.

Proxst provides support for interpretation and insight, but does not replace clinical expertise, professional judgement or regular medical care. Results, reports and insights must always be assessed by a duly authorised professional.

Proxst is not intended for emergency care, acute diagnostics or automated medical decision-making without human assessment.

4. Accounts and access management

The practice is responsible for:

• correctly creating and managing user accounts;
• restricting access to authorised persons;
• keeping login credentials confidential;
• immediately revoking access when a user is no longer authorised.

It is not permitted to share accounts, grant unauthorised access, or use the app under a false identity or with misleading account details.

5. Responsibilities of the practice

The practice is itself responsible for:

• lawfully processing patient data within Proxst;
• informing patients about the processing of their data;
• having a valid legal basis where required;
• the accuracy and timeliness of entered data;
• carefully interpreting measurement results and reports;
• secure handling of exported reports and files;
• compliance with applicable laws, professional standards and internal protocols.

The practice will only enter data necessary for the intended purpose.

6. Permitted use

The user may only use Proxst for legitimate, professional and purposes compatible with these terms.

In any event, it is not permitted to:

• use Proxst in violation of laws or regulations;
• enter personal data of patients or third parties without authorisation;
• bypass or weaken security measures;
• use the app for improper, misleading or fraudulent purposes;
• distribute malware, harmful code or unwanted scripts through the app;
• reverse-engineer, copy, decompile or manipulate the app, software or communications with the app, except where mandatory law expressly permits it;
• make automated or unreasonably heavy use of Proxst infrastructure.

7. Use of Bluetooth and measuring equipment

Proxst works together with a dedicated scale via Bluetooth. For proper operation, the practice must ensure:

• correct use of compatible equipment;
• proper placement and correct execution of measurements;
• careful instruction of staff;
• a suitable physical measuring environment.

Measurement results and reports depend on, among other things, the quality of input, execution of the measurement, condition of the equipment and the context in which a measurement takes place. Trone does not guarantee that every measurement will be error-free or uninterrupted under all circumstances.

8. Reports and export

Proxst can generate and export reports and progress overviews. These reports are intended as tools for documentation, monitoring and professional assessment.

The practice is fully responsible for:

• the substantive interpretation of a report;
• the decision to share a report;
• the manner of export, transmission and storage outside Proxst;
• compliance with privacy and security obligations after export.

Once a report has been exported or shared outside Proxst, further responsibility for that file lies with the practice or the recipient who lawfully obtained it.

9. Availability, maintenance and changes

Trone aims for reliable and secure availability of Proxst, but does not guarantee that the app will always be uninterrupted, error-free or fully available.

Trone may:

• carry out maintenance;
• implement updates, improvements or security patches;
• change, expand or discontinue functionalities;
• temporarily restrict access where necessary for maintenance, security or incident handling.

Trone will, where reasonably possible, communicate scheduled maintenance in an appropriate manner.

10. Intellectual property

All intellectual property rights relating to Proxst, the software, its technical operation, design, report templates, documentation and associated materials are vested in Trone B.V. and/or its licensors, unless explicitly agreed otherwise.

Use of Proxst grants the practice only a limited, revocable, non-exclusive and non-transferable right of use for internal professional use in accordance with these terms and any additional agreements.

Data entered into Proxst by the practice remains vested in the practice and/or the relevant rights holders, insofar as applicable by law.

11. Privacy and data protection

Use of Proxst is also subject to the privacy statement in Part A. For patient data processed in Proxst, the practice is in principle the controller and Trone acts as technical processor/service provider.

The practice warrants that it only processes personal data in a lawful manner consistent with its own obligations towards patients and other data subjects.

12. Liability

To the extent permitted by law, Trone is not liable for:

• indirect damage;
• consequential damage;
• loss of profit;
• loss of opportunity;
• reputational damage;
• damage resulting from incorrect use of the app or measuring equipment;
• damage resulting from incorrect interpretation of measurements or reports;
• damage resulting from incorrect, incomplete or unlawful data entry by the practice;
• damage after export or external distribution of reports by the practice;
• damage arising from failures of third parties, networks, hosting, Bluetooth connections or equipment outside Trone's reasonable sphere of influence.

Nothing in these terms excludes liability insofar as such exclusion is not permitted under mandatory law, including in any event liability for intent or deliberate recklessness on the part of Trone, if and insofar as applicable by law.

13. Indemnity

The practice indemnifies Trone against claims from third parties, including patients, supervisory authorities or other data subjects, insofar as such claims arise from:

• unlawful or unauthorised processing of personal data by the practice;
• the absence of a valid legal basis or proper patient information;
• incorrect or misleading communication towards patients;
• unlawful export, transmission or distribution of reports;
• use of Proxst in breach of these terms or applicable law.

14. Suspension or termination of use

Trone may temporarily or permanently restrict, suspend or terminate access to Proxst if:

• these terms are breached;
• there is misuse or unauthorised access;
• the security or continuity of the app is jeopardised;
• Trone is legally obliged to do so.

Upon termination of use, provisions intended by their nature to survive, such as provisions on privacy, liability, indemnity and intellectual property, remain in effect.

15. Governing law and disputes

This privacy statement and these terms of use are governed exclusively by Dutch law.

Disputes arising from or relating to the use of Proxst will be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise or the parties agree otherwise in writing.

16. Contact

For questions about Proxst or these terms of use:

Trone B.V.
Tappersweg 8F
2031 ET Haarlem
The Netherlands
E-mail: info@trone.nl
Telephone: +31 6 3931 2262

For deletion requests and operational requests relating to data: kai@trone.nl