Privacy Notice

Last updated: 28/03/2025

This Privacy Notice gives you information about how Theta Sleep Ltd ("Theta Sleep") collects and uses your personal data through your use of our apps and when you communicate with us in any way, including any data you may provide when you sign up and use our services.

Who we are and how to contact us

Theta Sleep Ltd is a Data Controller and responsible for your Personal Data (collectively referred to as Theta Sleep, "the company", "we", "us" or "our" in this Privacy Notice) provided to us when using our Service. Theta Sleep Ltd is a company registered in England and Wales with company number 16087698 with its registered office at Canterbury House, 1 Royal Street, London, England, SE1 7LL. Our data protection officer (DPO) is responsible for monitoring our compliance with data protection legislation.

If you would like to contact us about anything in this Privacy Notice, would like to contact our DPO, or if you have any questions about how we use your information or if you would like to exercise any of your data subject rights, please contact us at privacy@thetasleep.com

The types of personal data we collect about all the users of our apps

Personal data means any information about an individual from which that person can be identified. Certain types of personal data require a higher level of protection such as information about health.

We may collect, use, store and transfer different kinds of personal data about you which are grouped together as follows:

• Identity data includes names, email addresses, usernames, date of birth, sex, equality data, next of kin details, your GP details, your address, and your NHS number.
• Profile data includes your username and password, details of how you were referred to us, purchases or orders made by you, bookings and appointments details, preferences, feedback and survey responses.
• Contact data includes email addresses, telephone numbers and addresses such as delivery and billing addresses as well as emergency contact details
• Transaction data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, device ID and other technology on the devices you use to access this website.
• Usage data includes information about how you interact with and use our website, products and services including administrative details relating to technical support queries you raise so we can resolve issues that arose using our platform.
• Communications data includes your preferences in receiving communications from us and our third parties and your communication preferences.
• Sleep & Health data includes any health data provided to us from third party health care providers (such as your GP, specialist, or health insurance company) and any data about your sleep and your health that you share with us when you express interest in, sign up for, and/or use our services.

We also collect, use and share anonymised aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may use this anonymised data for the purposes of helping us build evidence to justify formal clinical trials and feasibility studies in a clinical setting, or for internal research and product development, including product development involving machine learning and big data analysis, or for future conference presentations or publications in journals.

How is your personal data collected?

We use different methods to collect data from and about you. Collectively this data is known as your patient record. Information held in your patient record is used for direct care purposes and to review and improve the quality of care we provide (this is known as audit, service development, and clinical governance). This data may be collected through:

• Your interactions with us. You may give us your personal data by signing up to use our platform, filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes personal data, including special category health data, you provide when you:
  • Create an account to use the Theta Sleep platform
  • Sign in to use the Theta Sleep platform
  • Utilise features on the platform such as booking a sleep study, giving more information about you and your sleep, or contacting us through the help section
  • Give us feedback, respond to a survey, or contact us
  • Subscribe to our newsletter, publications, or education
• Automated technologies or interactions. As you interact with our platform, we will automatically collect technical and usage data about your equipment, browsing actions, patterns, and engagement with our platform.
• Third parties. We will receive personal data about you from the categories of third parties set out below:
  • Other clinical teams who make referrals to us. This may include your general practitioner (GP), other specialist medical teams, or medical insurance companies.
• Documentation of your clinical consultation. Clinicians you interact with when receiving clinical care from Theta Sleep will document your consultation and management plans.

Processors

We use a number of secure processors for hosting and processing your data to provide our clinical service. All processors are subject to GDPR-compliant data processing agreements, ensuring the safety and security of your personal data. Services provided to us include document storage solutions, email, accountancy services, web servers, and databases for our apps.

How we use your personal data

Legal basis

The law requires us to have a legal basis for collecting and using your personal data in accordance with the UK General Data Protection (UK GDPR) and Data Protection Act (2018). We rely on one or more of the following legal bases:

• For the provision of NHS care: Where we are providing care for NHS patients, we are either directly responsible for your data (we are the data controller) or are jointly responsible for your data with another healthcare provider (we are a joint controller). In both cases, data processing is necessary for the performance of a contract.
• For the provision of self-pay and private medical insurance patients: In this instance, we have to use your personal data to deliver contractual services agreed with you or your insurer.
• For data concerning health and other ‘special categories’ of data: In accordance with the law, we process your health data for health and social care purposes. This includes preventative or occupational medicine, medical diagnosis, provision of health care or treatment, or the management of our health care system.
• We may also use your personal information in the following limited circumstances:
  • Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
  • Vital interests: In rare cases we may use your personal data to protect your vital interests for example during a medical emergency
  • Legitimate interests: We may use your personal data (but not your health data) where it is necessary to conduct our business and pursue our legitimate interests. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
  • Consent: We rely on consent only in cases where we have obtained your active agreement to use your personal data for a specified purpose, for example in the sharing of your sleep medicine story. Consent under data protection legislation will not be the basis for providing you with healthcare services. Your consent can be withdrawn at any time by contacting us at privacy@thetasleep.com
• Some of the above grounds will overlap and there may be multiple justifications for the use of personal data.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use the various categories of your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Your sleep and health data is classified as ‘special category’ personal data. Therefore, we need to have a specific reason to process this data. We only process this ‘special category’ data for the purpose of health and social care (as above).

In the cases where we are the data controller, we use your data in the following ways:

How we communicate with you

In order to provide you with accurate and timely information about your appointments, relevant information relating to your episodes of care, or other inquiries, we will need to contact you. Where telephone contact is made, we use a call display to assist you in identifying and returning calls to us.

While we will use our best endeavours to contact you using any expressed preferred method of contact, this may not always be possible and will be determined by the reason for our contact. We use text messages, phone calls, emails, and letters to communicate with you. Our email is configured in line with the NHS secure email standard (DCB 1596). This ensures your information remains private and protected. Please be aware that your email may not be secured to the same standard, so consider the sensitivity of the information you include.

Reasons for contact includes, but are not limited to:

• Providing you updates and/or reminders about your appointment(s)
• Providing you with your medical information and/or invoicing information
• Finding out about your experience of using our service
• Communicating with you about any concerns you have raised
• Responding to email, telephone, or website enquiries

Marketing and communications

We may use your personal data to contact you with newsletters, surveys, and other educational material that may be of interest to you. We will not contact you with any marketing materials. We will not share your data with any third-parties for marketing nor contact you with offers from third parties. You may opt-out of receiving any communications from us by contacting us via privacy@thetasleep.com or by following the unsubscribe instruction provided in any email from us.

Third-party marketing

We do not share your personal data with any third party for their own direct marketing purposes.

Opting out of communications

You may opt-out of receiving any communications from us by contacting us via privacy@thetasleep.com or by following the unsubscribe instruction provided in any email from us. If you opt out of receiving communications, you will still receive service-related communications that are essential for administrative or customer service purposes.

Cookies

To provide you with the most secure and best possible experience with our services, we only utilise essential cookies on our website and our apps. These cookies are essential to provide you with services available through our website and apps and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

We do not use any non-essential cookies that track your activity whilst using our services.

Disclosures of your personal data

We may share your personal data where necessary with the parties set out below for the purposes outlined in the table above.

Direct care services: who we may receive your information from and share your information with and why

Safe and effective care for patients relies on the exchange of relevant information among those directly involved in their ongoing treatment. Under section 251B of the Health and Social Care Act 2012, all health and adult social care providers are legally required to share patient information for the purpose of direct care. This obligation must be carried out in accordance with the Common Law Duty of Confidentiality, the UK General Data Protection Regulation (UK GDPR), and the Data Protection Act (DPA) 2018. Any personal data shared will be in line with your rights as outlined by these laws.

You have the right to object to the sharing of your health information with other healthcare providers involved in your care. However, please be aware that exercising this right may impact the timeliness or quality of care you receive. If you choose to raise an objection, it is essential to discuss it with your primary healthcare provider to understand the potential consequences of your decision. It's important to note that this right is not absolute, and healthcare professionals may, in certain situations, override your objection due to legal obligations or professional duties.

We may share your information with organisations and individuals directly involved in your care to facilitate effective provision of your healthcare needs. The types of individuals and organisations we may share your information with includes, but is not limited to:

1. People and organisations involved in your care at Theta Sleep. Health and social care professionals, including but not limited to: consultants, resident doctors, administrative staff, nurses, allied health professionals, and other members of the direct care support team.
2. Diagnostic and medical device suppliers. Diagnostic testing organisations are provided with relevant information to provide tests and/or book a test. Medical device suppliers are provided with your contact information and necessary health data to provide you with the diagnostic and treatment equipment you may require. We undertake strict due diligence procedures with respect to all third party suppliers.
3. External organisations involved in your clinical care. This includes GPs, hospitals, specialists, dentists, community services, ICBs, and/or other organisations involved in providing ongoing clinical care.

Non-direct care where your information may be used and shared

When you use a health or care service, such as hospital or GP appointments, Accident & Emergency, or community care, important information about you is collected to ensure you receive the best care. This information may also be used by us and other approved organisations for lawful purposes, such as service planning, improving care, research, and illness prevention. Anonymised data will be used whenever possible for these purposes. Confidential health information is only shared in line with legal frameworks.

We are legally required to share information in certain circumstances, such as to comply with legal obligations, court orders, or requests from regulatory bodies investigating complaints or incidents.

We will always ensure there is a lawful basis for sharing your information.

In addition to direct care, your information may be used for non-care purposes, where lawful, and in compliance with data protection laws. Whenever possible, data will be anonymised or pseudonymised. These uses may include:

• Auditing accounts and services
• Investigating complaints, claims, or incidents
• Assessing future patient needs
• Preparing performance statistics
• Reviewing care quality
• Training healthcare professionals
• Conducting research
• Reviewing service costs

We may share your information with other organisations when there is a legal and legitimate reason to do so:

1. Professional Regulatory Body Investigations: These bodies have legal authority to request information for investigations related to the fitness to practise of regulated professionals (e.g., medical, nursing, pharmaceutical, allied health, and social care). Only relevant information is shared, and we will notify you and anonymise the data where possible.
2. Care Quality Commission (CQC): Under the Health and Social Care Act 2008, the CQC can access your health records to inspect and assess whether we provide safe, high-quality care.
3. Medicines and Healthcare Products Regulatory Agency (MHRA): The MHRA can only share information where justified, ensuring that any disclosure complies with data protection laws and is necessary and proportionate.
4. NHS Digital, NHS England, Public Health England, and the Department of Health and Social Care: These organisations may access confidential data under specific directions from the Secretary of State for Health. Data is usually pseudonymised with personal identifiers replaced with a code to protect your identity, though safeguards are in place to ensure confidentiality.
5. National and Other Professional Research/Audit Programmes: Research and audits by NHS, universities, or commercial partners may involve your data to improve healthcare. We ensure compliance with data protection laws, including the National Data Opt-Out Policy where relevant.
6. Law Enforcement and Other Authorities: Agencies like the police, Ministry of Defence, and Home Office may access information under legal obligations or to prevent/detect crime. We verify the legal basis and ensure compliance with data protection laws.
7. Third-Party Service Providers: Organisations that support us with planning, managing, auditing, and defending legal claims may receive data. We share de-identified or anonymised data when possible and ensure these providers act under contracts that protect your information.
8. Private Medical Insurers: If your treatment is funded by private insurance, the insurer may conduct audits as per their contractual agreements. Data will be anonymised or pseudonymised wherever possible.
9. Third-Party Representatives (Family, Friends, Solicitors, or Power of Attorney): If you authorise someone to access your record, we may need to confirm your consent before releasing any information. We ensure that you fully understand what data will be shared.
10. Other Third-Party Organisations with Your Consent: If you give consent for another organisation to access your records, we may need to confirm the purpose of the request to ensure compliance with data protection laws.

In any data sharing scenario, we will have a lawful basis on which to share the information.

Business Transactions

If the company is involved in a merger, acquisition or asset sale, your personal data may be transferred. Alternatively, we may seek to acquire other businesses or merge with them. The transfer of data will be managed in a secure manner in accordance with appropriate technical and organisational measures. We will provide notice before your personal data is transferred and becomes subject to different privacy policies.

Law enforcement

Under certain circumstances, the company may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The company may disclose your personal data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

International transfers

If we ever need to transfer your personal data outside of the UK, we will take steps to protect your privacy in line with data protection laws. Appropriate safeguards will be put in place to ensure that the level of data protection remains equivalent to that within the UK and European Economic Area (EEA) as per UK adequacy regulations.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

Data retention

Your information is securely stored, and Theta Sleep will retain your personal data only as long as necessary to fulfill the purposes outlined in this Privacy Notice. Our records are generally kept for 20 years after our last interaction with patients, in line with NHS policies. We will keep and use your personal data to comply with legal obligations (such as when required by law), resolve disputes, and enforce our agreements and policies. The company will also retain usage data for internal analysis. This data is usually kept for a shorter period, unless it's needed to enhance security, improve service functionality, or required to be stored longer due to legal obligations.

When determining how long to retain personal data, we consider factors like the amount, nature, and sensitivity of the data, the potential risks from unauthorized access or disclosure, the purposes for processing, whether those purposes can be achieved in other ways, and any relevant legal, regulatory, tax, or accounting requirements.

In some cases, we may anonymise your data (removing any link to you) for research or statistical purposes. In such cases, we may use this information indefinitely as this is no longer personal data.

Protecting your sensitive data

Theta Sleep follows the information security values of:

• Confidentiality: making sure your information is kept secret and private;
• Integrity: we ensure the completeness, consistency, and accuracy of the data over its lifecycle;
• Availability: we ensure the right information is available to the right person at the right time

We use the following techniques and best practices to protect your sensitive data:

• People: All staff receive dedicated data protection and security training. Senior information governance leads have all undergone dedicated additional training. Your personal data is only accessed on a strictly need to know basis by specific team members.
• Cyber resilience and business continuity: We utilise secure and resilient cloud infrastructure to maintain up to date servers. Our servers store no sensitive information. All information is received from an encrypted database accessible only from the virtual private cloud. We undertake annual third-party security audits and penetration tests with certified auditors as part of the NHS Data Security and Protection Toolkit requirements.
• Technology: We adopt Secure by Design principles. REST APIs utilise authentication and authorisation to ensure data minimisation and prevent unauthorised access. Passwords are stored hashed and undergo quality validation. Data is encrypted in transit and at rest. Data is hosted in multiple zones in the UK and EEA to maximise availability. Our secure software development life cycle further safeguards your data.

If you’d like to know more about ways we protect your sensitive data please contact us at privacy@thetasleep.com

The Caldicott Principles

The Calidcott Principles are eight principles that ensure people’s information is kept confidential and used appropriately. Our services are provided in line with these principles and we have appointed a Caldicott Guardian. The Caldicott Guardian register can be accessed on the NHS website.

Your legal rights

You have a number of rights under data protection laws in relation to your personal data. Some of these rights are not absolute and will depend on the lawful basis we rely on for the processing of that data. We will comply with your request where law allows. Where we are unable to comply with your request we will inform you of this.

You have the right to:

• Request access to your personal data (commonly known as a "subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. However, we are not aware of any circumstances in which you will have the right to correct or delete health-related information from your records that is deemed accurate. Please contact us if you hold a different view.
• Request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • This right does not apply if the processing is necessary for health-related purposes, such as maintaining high standards of care, providing medical diagnosis, delivering health or social care services, or managing health and social care systems. If you believe the right to erasure applies to any specific processing activity involving your information, please contact us to review your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
  • You have the absolute right to object any time to the processing of your personal data for direct marketing purposes.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
• Request information on automated decision making and profiling and right to object to decisions being made on the basis of automated profiling. We do not utilise any automated decision making or profiling of this nature.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
  • If you want us to establish the data's accuracy;
  • Where our use of the data is unlawful but you do not want us to erase it;
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • If you wish to exercise any of the rights set out above, please contact us privacy@thetasleep.com

More information on all of these rights can be found on the Information Commissioner’s Office website.

No fee usually required

You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Contact details

If you have any questions about this Privacy Notice or about the use of your personal data or you want to exercise your privacy rights, please contact us in the following ways:

• By email: privacy@thetasleep.com
• By post: Theta Sleep Ltd. Canterbury House, 1 Royal Street, London, England, SE1 7LL

Complaints

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the Privacy Notice and your duty to inform us of changes

We keep our Privacy Notice under regular review. This version was last updated in March 2025. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, for example a new address or email address.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Notice of the websites you visit.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Payments

We may provide paid products and/or services within our service. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Notice.

National Data Opt-Out (UK)

At this time, we do not share any personal data for planning or research purposes for which the national data opt-out would apply. We review all of the confidential patient information we process on an annual basis to see if this is used for research and planning purposes. If it is, then individuals can decide to stop their information being shared for this purpose. You can find out more information on the NHS website.

Children's Privacy

Our Service does not knowingly address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from anyone under the age of 18 without verification of parental consent, we will take steps to remove that information from our servers.