Privacy Notice

1. Important information and who we are

This privacy notice aims to give you information on how 1stWellbeing collects and processes your personal data through your use of its services, including any data you may provide through our AI assistant when you register, use our wellbeing tools, interact with our AI-powered features, and take part in competitions.

Our services are not intended for anyone under 18 years of age and we do not knowingly collect data relating to anyone under 18 years.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

This Privacy Notice applies to 1stWellbeing Limited, university branded AI assistants running 1stWellbeing software solutions such as SXP.ai, other 1stWellbeing related websites, apps, communications and services ("Services"), but excluding services that state that they are offered under a different privacy notice. Not all services described in this Privacy Notice may be available to you. The services available to you depend on which of our services your university or institution has chosen to deploy.

1stWellbeing Limited is the controller and responsible for your personal data (collectively referred to as "1WB", "we", "us" or "our" in this privacy notice).

You have the right to make a complaint at any time to your local data protection authority. However, we would encourage you to contact us in the first instance as we aim to promptly, efficiently and satisfactorily resolve any concerns.

The local data protection authority for the UK is the Information Commissioner's Office (ICO) — www.ico.org.uk.

The local data protection authority for Australia is the OAIC — www.oaic.gov.au.

We can modify this Privacy Notice, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may delete your account through our app.

Your continued use of our Services after we publish or send a notice about changes means that the collection, use and sharing of your personal data is subject to the updated Privacy Notice.

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.

Our Services 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.

2. The data we collect about you

Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

The data we collect is limited to what is necessary for the purpose for which the data has been gathered. We may collect, use, store and transfer different kinds of personal data about you:

• Identity Data — first name, last name, age and gender.
• Contact Data — email addresses.
• Technical Data — IP address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Services.
• Profile Data — profile picture, your university, your course, your start year, your scheduled wellbeing habits, your interests, preferences, feedback and survey responses.
• Activity Data — your wellbeing habits completed.
• Mood Data — your mood responses.
• Journal Data — your journal entries.
• Score Data — your wellbeing score and wellbeing assessment responses.
• Assistant Conversation Data — your questions, messages and responses submitted to our AI assistant, and the AI-generated responses provided to you. This includes conversations with the general AI assistant and the AI wellbeing assistant (which may include CBT-based interactions such as cognitive reframing and visualisation exercises). By using our AI assistant, you are providing your consent to the sharing of this data with your university should interaction with a human be required.
• Post Data — your wellbeing question and answer posts, your feed posts.
• Safety Plan Data — your responses to suicide prevention plans and/or safety plans questions.
• Usage Data — information about how you use our Services.
• Communications Data — your preferences in receiving communications from us and third parties, and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data.

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a product or service you have with us, but we will notify you at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you:

• Direct interactions. You may give us your Identity, Contact, Profile, Activity, Mood, Journal, Score, Assistant Conversation, Post, Safety Plan and Communications data by entering text through our AI assistant, or our other Services. This includes personal data you provide when you:
  • use our products or services
  • create an account on our AI assistant
  • request communications to be sent to you
  • enter a competition, promotion or survey
  • give us feedback or contact us
• Automated technologies or interactions. As you interact with our Services, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using server logs and other similar technologies.
• Third parties. We may receive personal data about you from various third parties, including Technical Data from analytics providers such as Google, and Identity, Contact and Profile Data from Facebook or Google when you choose to register via these third parties.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• In relation to providing our Services to you.
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.

We will get your express opt-in consent before we share your personal data with any third party.

You can ask us or third parties to stop sending you messages at any time by logging into the AI assistant and checking or unchecking relevant boxes to adjust your preferences, or by following the opt-out links on any message sent to you, or by contacting us. Please be aware that you cannot opt out of receiving service messages from us, including security and legal notices.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.

We may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above:

• External Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

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.

6. International transfers

UK and EU customers are hosted at the Amazon AWS Europe London data centre. Singapore, Australia and New Zealand customers are hosted at the Amazon AWS Asia Pacific Sydney data centre. US customers are hosted at the Amazon AWS US East N. Virginia data centre.

While we do not transfer your personal data outside the country of collection, should you experience any technical issues, we will provide technical support from the UK and Europe.

Some Assistant Conversation data is processed by generative AI services hosted in the US. Your messages, which may contain personal data, are passed to these services in order to generate responses. 1WB has an appropriate standard contractual clause agreement in place with OpenAI and is complying with the terms of Part 2: Mandatory Clauses of the Approved Addendum, being the template Addendum B.1.0 issued by the Information Commissioner's Office. Amazon Bedrock is part of the Amazon AWS Group, which is an active participant in the EU-US Data Privacy Framework and in the UK Extension to the EU-US Data Privacy Framework.

7. 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. Our information security management systems are certified to ISO 27001 and our privacy information management systems are certified to ISO 27701. 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.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We maintain appropriate risk management, data governance, transparency, and human oversight controls for our AI-powered features within our information security and privacy management systems.

8. Data retention

You can delete your account including all assistant conversation data at any time through the app or AI assistant.

If you have not used our services for four years, your account and personal data will be deleted automatically. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data:

If you wish to exercise any of the rights set out above, please contact us at dataprivacy@uniwellbeing.com.

You will not 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.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

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

10. Glossary