Privacy Policy

Foreword

‍Settle Smart Ltd. O/A PainWorth Pro appreciates the importance of individual privacy and the sensitivity of personal information that users may share by using the Website and in accordance with the terms and conditions (the “Terms and Conditions”) of the Website. This document outlines the Privacy and Data Usage Policy for Settle Smart Ltd. This policy defines our methodology for collecting, storing, using, securely deleting, accessing, and protecting user data.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural:

DEFINITIONS

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access Our Service or parts of Our Service.
• Application means the software program provided by the Company accessed by You on any electronic Device.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Settle Smart Ltd. o/a PainWorth Pro(“PainWorth Pro”) and its Applications and Websites including but not limited to PainWorth, and PainWorth Pro.
• ‍Cookies are small files that are placed on Your computer, mobile Device, or any other Device by a website, containing the details of Your browsing history on that website among its many uses.
• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual. This can include both the information of a User, and the information of a third party which the User provides to Us.  
• Service refers to the Application or the Website or both.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Third-party Login Service refers to any website or any network website through which a User can log in or create an Account to use the Service.
• Website refers to any websites created and managed by the Company.
• ‍You/ User means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Types of Data Collected

PAYMENT PROCESSING DATA

Credit Card and other Payment Handling information is stored and handled in accordance with industry best practices. Credit card processing will be added via integrations to third-party credit card and payment processing Applications via API.

USER GENERATED INFORMATION

Users of PainWorth Pro own any Personal Data that they directly enter the app. PainWorth Pro assumes that each User has advanced and valid permission to provide the Personal Data of any third party to Us. Examples of user generated Personal Data include:

• Date of an incident
• Specific injuries submitted to the PainWorth Pro algorithm
• Details of treatment or other heads of damage calculated using basic arithmetic
• Loss of income, housekeeping or other specific details required for the algorithm to calculate the valuation of an injury or incident occurrence

USER SHARED INFORMATION

When a User shares information that they input to the system, that data is owned by both users and not by Us. When this data has been shared to another user and is required for their purposes, these data deletion requests will need to be authorized by the other party except for Personally Identifiable Information which will be deleted upon request.

Examples of such data include:

• Any of the User Entered Information above, once it has been shared by the user with another user, adjuster, or any other party.

PAINWORTH PRO GENERATED INFORMATION

Data generated by the PainWorth Pro app to evaluate, negotiate, or settle claims are the sole property of PainWorth Pro. This information will be used to improve the functionality of the Application or add new features and may be provided to users through the normal course of usage of the PainWorth Pro app, however, Settle Smart Ltd. retains the sole right to this data.

This data is not subject to deletion or download requests by users.

Examples of such data include:

• Relevant case law that the PainWorth Pro app relates to a personal injury incident
• The estimated value of the personal injury incident as determined by the PainWorth Pro app

USAGE INFORMATION AND STATISTICAL OR META DATA

PainWorth Pro will capture and store usage and access statistics and other metadata that is generated when users create an Account, login, add a new claim, edit an existing claim, or otherwise use or interact with the system. This data is owned by PainWorth Pro and will be used in an anonymized and aggregated way for internal purposes only.

This data is not subject to deletion or download requests by users, except when they are stored locally on their own machine, as is the case for Website Cookies.

Examples of such data include:

• Cookies generated by the pro.painworth.com Website, or by advertising partners of PainWorth Pro
• Login tokens or other data required to validate a login or Account creation request
• Data logs that indicate usage stats, browsing stats, or other such statistical information

INFORMATION FROM THIRD-PARTY LOGIN SERVICES

The Company allows You to create an account and log in to use the Service through the following Third-party Login Services:

• Google
• Microsoft

If You decide to register through or otherwise grant us access to a Third-Party Login Service, We may collect Personal data that is already associated with Your Third-Party Login Service's account, such as Your name, Your email address, Your activities, or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Login Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Why We Collect Personal Information

The Company may use Personal Data for the following purposes:

• To provide and maintain Our Service, including to monitor the usage of Our Service.
• ‍To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
• ‍To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile Application's push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You marketing notices with news, special offers and general information about other goods, services, and events which We offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about Our Service users is among the assets transferred.
• ‍For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns and to evaluate and improve Our Service, products, services, marketing, and Your experience.

Collecting, Using, and Disclosing Personal Information

PainWorth Pro may generally disclose Personal Data as follows:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of Our Service;
• With Your consent: We may disclose Your personal information for any other purpose with Your explicit consent;
• For business transitions: such as a merger, acquisition by another company, or sale of substantially all or a portion of Our assets. In such cases Your Personal Data will likely be among the assets transferred;
• When legally required to do so: such as co-operating with Court orders, law enforcement, or other legal proceedings); and/or
• to respond to a genuine emergency.

Protecting Personal Information

We strive to protect Users’ personal information gathered throughout the course of its business. We have built Our Service using Service Providers which offer basic security measures and will continue to operate by protecting against the unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction of personal information. Remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We ensure commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. For more information on how we protect Your information, please visit https://security.adjustly.ca/

Changes to Your Personal Information

When We collect, use, or disclose Personal Data, We will make reasonable efforts to ensure that the information is accurate and complete. To access, request a copy, change, and/or delete your Personal Data held by us (“Process”), submit a written request to privacy@painworth.com and provide Us with:

• The personal information under Our custody or control you would like to access, change, or have deleted;
• A description of what you would like done with the data: such as requesting a copy, requesting a change/ update, or requesting deletion;
• The email address you used to login, the period during which you have used Our platform and entered Your Personal Data, and any other information which can be used to verify your identity.

An individual's right to access his or her personal information is not absolute. Various privacy statutes set out circumstances under which We are not allowed to release personal information and circumstances under which We may choose not to Process your request. When PainWorth Pro receives such a request, it will:

• Process the personal information pursuant to your request and, if reasonable to do so, send notifications to any other organizations to whom PainWorth Pro disclosed the information;
• or Decide not to process the personal information but note that Processing was requested but not made.

Data Retention

User data will be retained by Us until such time as it is no longer required to evaluate, negotiate, and settle personal injury claims. Once the claim is marked closed by the User, the data will be retained for a maximum of two years, unless Your master service agreement says otherwise, during which time the users may access their records through the app, or pursuant to the processes above.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact us at privacy@painworth.com. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any substantial changes by posting the new Privacy Policy on this page.

We will use best efforts to notify You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy accordingly.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contacting PainWorth Pro about Privacy Concerns

If You would like to submit an access or correction request or if You have any questions regarding this privacy policy or the handling of Your personal information, please contact Us in writing and by setting out the reasons for Your concern.

To access, modify, or request deletion of Your personal information, or for other inquiries related to this policy or Your privacy, please contact Us at privacy@painworth.com.