Introduction

This privacy policy describes how Menkind B.V. ("Menkind", "we", "us" or "our") handles personal data when you use the Menkind Platform, including the website and any applications. Menkind values the protection of personal data highly and processes it carefully and in accordance with the General Data Protection Regulation ("GDPR") and other applicable laws and regulations.

Menkind operates a digital health platform focused on men's health. Through the Platform, Users can obtain information, request a consultation from an independent Healthcare Provider, and, if medically appropriate, obtain treatment and medication via the Partner Pharmacy. Menkind facilitates these services through the Platform but does not provide medical or pharmaceutical care itself.

Multiple parties may be involved in the processing of personal data through the Platform. To clarify which party has which role, we explain below how these responsibilities are distributed:

• Menkind: Menkind B.V. operates the Platform and facilitates the digital infrastructure that allows Users to access the services offered through the Platform. Menkind processes personal data where necessary for the functioning of the Platform, managing accounts, supporting orders and subscriptions, communicating with Users, and providing general support for the services.

• User: the natural person who uses the Platform, for example by requesting information, asking for a consultation, placing an order, or subscribing.

• Healthcare Provider: the self-employed BIG-registered physician with whom the User is connected via the Platform to conduct a consultation and, if medically warranted, to prescribe medication. The Healthcare Provider processes personal data to the extent necessary for the medical assessment, the consultation, and any treatment.

• Partner Pharmacy: the pharmacy responsible for pharmaceutical care and the provision of medication based on a prescription. The Partner Pharmacy processes personal data to the extent necessary for the pharmaceutical assessment, provision, and delivery of medication.

As far as personal data is processed within the professional and legal responsibility of the Healthcare Provider or the Partner Pharmacy, these parties are themselves the data controllers.

By using the Platform, you acknowledge that your personal data may be processed in the manner described in this privacy policy. If you do not wish for the data to be processed to the extent necessary for the use of the Platform and the services offered through the Platform, you cannot use those services.

Who is responsible for your personal data

The data controller for the personal data that Menkind processes in the context of the Platform is:

Menkind B.V.
Chamber of Commerce number: 98214616
Website: www.menkind.co
Email: support@menkind.co

To the extent personal data is processed by a Healthcare Provider in the context of a consultation or treatment, or by the Partner Pharmacy in the context of pharmaceutical care and the provision of medication, this occurs under their own responsibility.

Which personal data we process

Menkind processes personal data that you provide to us, personal data that arises when you use the Platform, and personal data that is necessary to enable the provision of services through the Platform.

Depending on how you use the Platform, we may process the following categories of personal data:

Identification and contact details
Data needed to identify you and communicate with you, such as your name, date of birth, gender, address details, email address, and phone number.

Account details
Data related to your account on the Platform, such as your login credentials and other information related to the use and management of your account.

Health data
When you request a consultation or undergo a treatment process through the Platform, health data may be processed. This may include information from medical questionnaires, data about your health situation, medical history, medication use, treatment details, and other information you provide through the Platform, in correspondence, or during a digital consultation.

Citizen Service Number (BSN)
We request and also process your Citizen Service Number (BSN). This is necessary because the Partner Pharmacy needs it for medication monitoring and for communication with other care providers and care systems. The BSN is only processed to the extent necessary within healthcare and in accordance with applicable laws and regulations.

Order and transaction data
Data related to orders, subscriptions, and transactions through the Platform, such as information about requested treatment plans, ordered products, subscriptions, payment status, and delivery details. Payment data itself is primarily processed by our external payment provider and is not stored by Menkind.

Technical and usage data
Data that is automatically collected when you visit or use the Platform, such as IP address, browser type, device data, log data, cookie data, and information about your usage of the Platform.

To the extent health data is processed in the context of the service provision, it constitutes special categories of personal data. Such data is treated by us and the involved Healthcare Providers and Partner Pharmacy with extra care.

Menkind exclusively targets men aged eighteen and older. The Platform and the services offered thereon are therefore not intended for minors.

Special and/or sensitive personal data that we process

Menkind processes personal data that are inherently particularly sensitive. The GDPR assigns a higher level of protection to such data and obligates us to be transparent about it. We process the following special categories of personal data:

• Health data. When you request a consultation through the Platform or undergo a treatment process, we process medical information about your health situation. This applies to all treatment plans offered through the Platform, including treatments aimed at weight loss and the treatment of hair loss.

• Data concerning a person’s sex life. For treatment plans aimed at erectile problems and premature ejaculation, we process information about your sexual health. This information falls under the special category of 'sexual life' as defined in the GDPR.

How we collect personal data

Personal data can be collected in various ways when you use the Platform. This occurs, for example, when you create an account, fill out a medical intake form, request a consultation, communicate with a Healthcare Provider through the Platform, place an order, subscribe, contact customer service, or visit and use the Platform.

In some cases, you provide the data directly to Menkind. In other cases, personal data are generated when you use the Platform or because data, as far as necessary for the service provision, are shared between Menkind, the involved Healthcare Provider, and the Partner Pharmacy.

For what purposes we process personal data

Menkind processes personal data to be able to offer the Platform and to enable the provision of services through the Platform. This means primarily that we use personal data to create and manage your account, to register your identity and data, and to give you access to the relevant parts of the Platform.

Additionally, we process personal data to facilitate consultations with Healthcare Providers, to make medical information available for assessment by a Healthcare Provider, and to support the continuation of the treatment process when a treatment is deemed medically appropriate. If a medication is prescribed and you opt for provision through the Partner Pharmacy, we also use personal data to enable that provision and any delivery.

Furthermore, we process personal data in connection with orders, subscriptions, payments, customer service, communication about your use of the Platform, sending service messages, answering questions, and handling complaints. We also use personal data to technically manage, secure, improve the Platform, and to analyze usage data. To the extent permitted by law, personal data may also be used for marketing purposes, such as sending newsletters or information about Menkind's services and products. If consent is required for this, we will ask for your consent.

Finally, we may process personal data as necessary to comply with legal obligations, to prevent fraud or abuse, to protect our rights, or to properly address requests from competent authorities.

On what basis we process personal data

Menkind processes personal data only insofar as a legal basis exists. In most cases, processing is necessary for offering the Platform and for executing the services you request through the Platform. Additionally, personal data may be processed because it is necessary to comply with a legal obligation, because you have given your consent, or because Menkind has a legitimate interest in careful and safe operation of the Platform.

To the extent that special personal data are processed, including health data, this occurs only to the extent permitted under applicable privacy legislation (Article 9 GDPR) and to the extent necessary in the context of the healthcare facilitated via the Platform, or based on your explicit consent when required. Your consent is requested when creating an account after completing the intake (medical questionnaires).

When you fill out or share medical information via the Platform for the purpose of a consultation or treatment, you understand that this information may need to be used and shared with the involved Healthcare Provider and, if relevant, the Partner Pharmacy, to the extent necessary for the assessment of your request, the treatment, the prescribing of medication, and its provision.

Menkind does not engage in fully automated decision-making as described in Article 22 GDPR. Medical assessments are always carried out by a BIG-registered Healthcare Provider.

With whom we share personal data

Menkind does not sell your personal data. We only share personal data to the extent necessary for the operation of the Platform, the execution of services, or when we are legally required to do so.

Personal data may primarily be shared with the involved Healthcare Providers, so that they can carry out a consultation, make a medical assessment, and – if appropriate – initiate a treatment or prescribe medication. If a prescription is issued and you choose to obtain it through the Partner Pharmacy, personal data can also be shared with the Partner Pharmacy so that it can carry out its pharmaceutical and logistical tasks.

For medication monitoring and safe pharmaceutical care, the Partner Pharmacy may use your personal data to access your available medication records via the National Switch Point (LSP). This allows the pharmacy to verify whether prescribed medication can be safely used in combination with other medication.

Additionally, Menkind uses third parties that support us in our operations and technical services, such as providers of hosting and IT infrastructure, payment providers (such as Stripe), communication and customer service solutions, analytical and marketing services, and logistics partners (such as PostNL and AMP). To the extent that these parties process personal data on behalf of Menkind, we make appropriate arrangements regarding confidentiality, security, and the use of that data.

We may also share personal data with regulators, law enforcement agencies, or other competent authorities if we are legally obliged to do so or if necessary to protect our rights or those of others.

Transfer outside the European Economic Area

Menkind strives to process personal data as much as possible within the European Economic Area. However, it may occur that we use service providers that process personal data outside the European Economic Area or make it accessible there. In such cases, we ensure that appropriate safeguards are in place in accordance with applicable privacy legislation so that personal data remain protected at an appropriate level.

How long we retain personal data

Menkind does not retain personal data longer than necessary for the purposes for which it was collected unless a longer retention period is legally required or permitted. In general, we retain account and usage data as long as your account is active and for a reasonable period thereafter for administrative, legal, and operational purposes.

For data related to orders, payments, subscriptions, or customer service, legal or administrative retention periods may apply. Separate retention periods apply to medical data, principally determined by the legal obligations resting on the involved Healthcare Provider and Partner Pharmacy. If data are no longer necessary, we will remove or anonymize them as far as reasonably possible.

Cookies and similar techniques

Menkind uses cookies and similar techniques to ensure the Platform functions well, to remember preferences, to analyze the use of the Platform, and, where applicable, to better tailor content and advertisements to your interests.

This may include functional cookies, analytical cookies, and marketing cookies. Some cookies are placed by Menkind itself, while others may be placed by third parties, for example for analysis or advertising purposes.

Upon your first visit to the Platform, we inform you about the use of cookies and ask for your consent for their placement, where required. You can adjust your cookie preferences at any time via the Platform's cookie settings or through your browser settings. Disabling certain cookies may result in certain parts of the Platform functioning less effectively.

How we secure personal data

Menkind takes appropriate technical and organizational measures to protect personal data against loss, misuse, unauthorized access, and other forms of unlawful processing. Such measures may include access limitation, secure connections, monitoring, logging, and careful design of our systems and processes.

Although no system can guarantee complete safety, Menkind does everything possible to secure personal data in a careful and appropriate manner. We also require the service providers engaged by us to implement appropriate security measures.

Your rights

You have the right to request access to the personal data we process about you. You can also request correction of incorrect data, deletion of data, restriction of processing, or transfer of data, to the extent that the law grants you those rights. Additionally, you can object to certain forms of processing and can withdraw previously given consent. Withdrawing consent does not have retroactive effect and does not affect the legality of earlier processing.

If you wish to submit a request, you can contact us at support@menkind.co. We may ask you for additional information to verify your identity before we respond to your request. We do this to prevent personal data from being disclosed to the wrong person.

To the extent that personal data are not processed by Menkind but by a Healthcare Provider or the Partner Pharmacy under their own responsibility, you may need to address certain rights directly to that party.

If you believe that your personal data are not being processed correctly, you additionally have the right to file a complaint with the Dutch Data Protection Authority.

Changes to this privacy policy

Menkind may amend this privacy policy from time to time, for example if the services provided through the Platform change, when legislation requires it, or when we change our processing activities. The most current version is always published on the Platform. In case of substantial changes, we may also inform you in other appropriate ways, for example via email or through the Platform.

Contact

If you have questions, comments, or complaints about this privacy policy or about how Menkind processes personal data, you can contact us at support@menkind.co.