Biovotion Privacy Policy - Apps & Services

*This Privacy Policy is effective 18-April-2018.

Biovotion AG ("us", "we", or "our", “Biovotion”) operates the Augment mobile application (the "Service").

This Privacy Policy ("Policy") relates to the collection and use of personal data, including sensitive personal data by Biovotion AG, Kreuzstrasse 2, 8008 Zurich, Switzerland in Switzerland. Biovotion is the data controller and data processor for any personal data collected.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

This Policy applies each time you use the Biovotion app and the physical device from Biovotion (the "Wearable") which you need to wear on your arm to use the Biovotion app.

Scope of this Policy

Biovotion is committed to protecting your privacy. This Statement explains how Biovotion collects and uses the personalized data obtained via the smartphone app on your mobile device (the “Biovotion app”) and via the Wearable.

Definitions

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small pieces of data stored on a User’s device.

Data Controller

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

What information (“Personal Data”) does the Biovotion app and Wearable collect during the user registration process or subsequently and how is it used?

Firstly, Biovotion collects information on the Biovotion app during the registration process. This includes your personal details such as first name, surname, email address, and your phone number. This is to enable you to setup an account.

What information does the Biovotion app and the Wearable collect and how is it used?

The Biovotion app essentially collects the following information via your Wearable:
Measured indicators: Heart rate (HR), heart rate variability (HRV), blood oxygen saturation (SpO2), blood perfusion (PI), blood pulse wave (BPw), respiratory rate (RR), activity, steps, energy expenditure, skin temperature, barometric pressure and electrodermal activity (EA). For more information on the measured indicators please visit biovotion.zendesk.com. Take note that the app will evolve over time and the different indicators/functionalities are not all available from the beginning. Should we add major additional measured indicators we will inform you in advance. Please note that the collected data includes sensitive personal data (i.e., health data). By providing this data you are explicitly providing your consent to the specified usage purposes describe above.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").
This Usage Data may include information such as your computer´s Internet Protocol address (e.g. IP address), browser type, browser version, operating system, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Cookies and other tracking technology
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

Disclosure of data to third parties

Biovotion shall collect and use personal data only to the extent required to carry out the provided services. Biovotion will not disclose personal data to any third party other than (i) as described in this Statement; or (ii) to any regulatory authority, governmental authority or court having authority over Biovotion except if required by relevant laws, regulatory provisions or court or other governmental orders.

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Your Rights

Biovotion AG aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the right:

  • To access and receive a copy of the Personal Data we hold about you
  • To rectify any Personal Data held about you that is inaccurate
  • To request the deletion of Personal Data held about you
  • You have the right to data portability for the information you provide to Biovotion AG. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

The Biovotion app and Wearable uses a token to permanently keep you logged in the application by default, unless you proactively log out from the application. By using the Biovotion app and Wearable you agree that we can use this token on your device.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.

What happens if I want to have my data removed?

You can have your data deleted by sending an email to the following address: data.privacy@biovotion.com. Your communication will trigger the removal of data that directly identifies you (i.e. your name, e-mail address) within one month of your request. Biovotion will forward your request to applicable third parties and instruct them to delete your personal data as well.
Collection of information can be stopped also by simply uninstalling the Biovotion app. However, this will not trigger deletion of data that directly identifies you.

Who holds my information and for how long?

Biovotion collects information via the Biovotion app and Wearable as explained above. Biovotion has access to this data. Within Biovotion, only a limited number of staff, located in Europe, who are authorized and whose access is logged (e.g. IT administration) have access to your personal data collected during the user registration process. All team members are working under confidentiality agreements and are made aware of data protection laws and regulations.

Your personal and sensitive personal data will also be processed and stored with the cloud services provider Medable Inc., Palo Alto, CA, USA (a specialized provider of cloud solutions for sensitive medical data).
Please note that due to the use of Medable, your personal and sensitive personal data may be accessible and processed in country with a lower level of data protection than within your own country. However, Biovotion has ensured by entering into a written agreement that an adequate level of data protection is maintained in accordance with applicable data protection law.

Besides the use of the cloud services provider, Biovotion will not share or commercialize your personal and sensitive personal data with any other third party, except with your permission.

What about data security?

We have implemented adequate technical and organizational security measures as required by applicable data protection laws and regulations to maintain the security of personal and sensitive personal data collected via the Biovotion app and via the Wearable. This applies to the storage and transmission of the data and the processing thereafter. However, we recommend that you don't use unprotected or public Wi-Fi hotspots for the transmission of data from your smartphone to the data platform.

Where will my information be processed?

In relation to the services, all the data collected by the Biovotion App and the Wearable will be processed by Biovotion AG, Kreuzstrasse 2, 8008 Zurich, Switzerland and Medable Inc., 555 Bryant Street, Suite 561, Palo Alto, CA 94301, USA.

Can I access my data?

You can either access your data through the Biovotion app and you are entitled to ask us anytime whether we hold personal data about you and, if we do, to have access to it and get it corrected or deleted. You can do this by contacting us at data.privacy@biovotion.com

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Links to Other Sites

Our Service may contain links to other sites 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 16 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children 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 changes by posting the new Privacy Policy on this page or in the app.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
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.

How can I contact Biovotion?

If you can’t find what you’re looking for here or have a concern about our use of your personal data, please contact Biovotion´s Data Protection Officer at data.privacy@biovotion.com.