For the processing of personal data by QluPod AG (we, our or QluPod) using our products and services, including our website and the QluPod mobile application accessible on the App Store and Google Play Store.
We recognise the importance of your privacy and transparency in our processing of your personal data.
This privacy notice (Privacy Notice) informs you of the personal data we collect when you access and use our products and services and how we process such data. It generally applies to our activities relating to our users’ personal data, but we may also have additional privacy notices that apply in relation to specific products and services.
By using our product and services, you expressly acknowledge that we may collect and process your personal data in accordance with this Privacy Notice.
- Who is responsible for the processing of your personal data
QluPod is responsible for processing your personal data. You will find our contact details in Section 13.
- What kinds of Personal Data does QluPod Process
QluPod collects personal data for various purposes; with that in mind, we have created a list of the types of personal data that we may collect, either directly from ourselves or other sources, in order to achieve those purposes.
The kinds of personal data we may collect include:
Personal data: name and surname, address, e-mail, birth date, age, gender, height, weight, sleeping schedule; and
Payment details: credit card info; and Health data: blood pressure, heart rate.
contact name, address, telephone number, company name, email
- How we collect your personal data
We collect the personal data you provide to us or transmitted it via the QluPod device you use.
We collect the personal data that you provide to us when you use the Website, the Mobile Application and/or the services provided through the Website and the Mobile Application (the Services), for example, when you place an order, communicate with us, create and/or manage your account, use our monitoring services, or through any forms you fill.
Some information is mandatory, and some is optional.
It is mandatory that you complete the data fields identified by an asterisk. If one or more mandatory data fields are not completed, we cannot provide access to the Services. You are not required to complete the optional data fields to access the services provided through the Website and/or the Mobile Application. These fields may be completed at any time.
Specific personal data are collected in an automated manner.
We automatically collect personal data, for instance, when you use QluPod products or use our website, including by means of tools, web forms, cookies, and other active elements, as further described in this privacy notice.
The personal data we process may contain sensitive data.
The information which you provide directly, or which is collected from you through QluPod products you use or Services you use, may contain sensitive data about you, including some health data (such as information relating to your blood pressure, heart rate, weight, and so on) (Sensitive Data).
We will process such Sensitive Data in accordance with applicable data protection laws, as required.
- How we process your personal data
We process your personal data by automated means for the purposes indicated in this Privacy Notice and accordance with applicable law.
We process your personal data in accordance with applicable law including Swiss data protection law and/or the EU General Data Protection Regulation (GDPR) and/or the UK General Data Protection Regulation, using computers or computer tools, in line with the purposes set out in this Privacy Notice.
We do not make decisions exclusively based on automated processing which has legal effects on the data subject or affects him significantly (automated individual decision). For example, we may process your personal data to create a profile about you and provide you with a more personalised experience when using our Services (profiling). You may have the right to object to such activities according to applicable data protection laws (see Section 12 below for additional information on your rights).
We may process your personal data to erase any information that allows us to identify you (anonymisation). We may then use such anonymous data for purposes not contemplated by this Privacy Notice (including data mining, benchmarking, analytics purposes, or developing and marketing new services). You may object to the anonymisation of your personal data for this purpose at any time (see Section 12 below for additional information on your rights).
We take the technical and organisational appropriate security measures to prevent unauthorised access, disclosure, modification, alteration, or destruction of your personal data, as specified in Section 11 below.
- On which legal ground do we process your personal data
We process your personal data only if we have a valid legal ground to do so.
We will only process your personal data if we have a valid legal ground for doing so. Depending on the processing in question, we will only process your personal data if:
- Data processing is necessary to fulfil our contractual obligations to you or to take pre-contractual measures at your request (Contractual Necessity).
This is the case when processing your personal data is strictly required to provide you with the Website and/or the Mobile Application and related Services, as further specified in Section 6. Therefore, when the GDPR applies, Contractual Necessity is based on Article 6(1)(b).
- Data processing is necessary for fulfilling our legitimate interests, and only to the extent that your interests or fundamental rights and freedoms do not require us to refrain from processing (Legitimate Interest).
Our Legitimate Interests include in particular (i) ensuring that the Website and/or the Mobile Application and related services are provided efficiently and securely (e.g. through internal analysis of the Website and/or the Mobile Application’s stability and security, updates and troubleshooting, as well as support services); (ii) improving and developing the Website and/or the Mobile Application (including monitoring our performance or the use of the Website and/or the Mobile Application and our Services, and for statistical purposes); (iii) benefiting from cost-effective services (e.g. we may opt to use certain services offered by suppliers rather than undertaking the activity ourselves); (iv) achieving our corporate goals; and (v) for the other Legitimate Purposes explicitly described in Section 6. When the GDPR applies, Legitimate Interest is based on Article 6(1)(f) GDPR.
- We have obtained your prior consent in a clear and unambiguous manner (Consent).
When the GDPR applies, consent is based on Article 6(1)(a) GDPR.
- Data processing is necessary to comply with our legal or regulatory obligations (Legal Obligation).
Finally, we will process your personal data if required by law to do so, as further specified in Section 6. When the GDPR applies, Legal Obligation is based on Article 6(1)(c) GDPR.
In addition, we will only process your Sensitive Data if we have obtained your explicit consent for one or more specified purposes or if we can rely on another lawful justification in accordance with applicable data protection laws.
- Purposes for which we process your personal data?
We process your personal data for legitimate and clearly identified purposes.
Your personal data is collected and processed to provide our Services and for the other legitimate purposes explicitly specified below and is not further processed in a manner incompatible with those purposes at the time of collection, only to the extent relevant to achieve these purposes.
We process your personal data for the following purposes:
- To operate the Website and/or the Mobile Application and provide the related Services.
We mainly process your personal data to provide the Services and operate the website and the Mobile Application, based on our Contractual Necessity to do so, including for creating and maintaining a user account, interacting with you, providing you with the requested information and Services, making the products, goods, and services available, as well as for customer and user management purposes.
When you use our blood pressure monitoring Services and devices, we will collect device sensors data, monitoring data and Sensitive Data such as blood pressure and heart rate measurements. Such information is then further processed to provide our Services. We will also collect information on the country and/or time zone from which you access our Services. We do not track your precise location.
In addition to the personal data which you provide when logging-in to your account or interacting with the Website and/or the Mobile Application (e.g. when you fill in forms or upload content to the Website and/or the Mobile Application with your bracelet), we automatically collect technical information about your interactions with the Website and/or the Mobile Application, such as the content that was accessed, the date and time of access, and information about your web browser. We process this data to control the use of our Services and manage their stability and security, based on our Legitimate Interest to do so. We may also use this information to improve our Services, as described in more details below.
Your account information is retained for as long as your account is active. If you suppress your user account, your account information will be deleted or anonymised within 30 days after such event, unless data must be retained for a valid reason (such as evidentiary or tax purposes). This does not include log files, which are automatically deleted or anonymised 30 days after their collection.
- To process product orders and payments.
To place an order, you must provide the information requested from you (e.g., contact information, billing and delivery addresses, payment method and related information). We process this data, based on our Contractual Necessity to do so.
We use third-party services for payments and the dispatch of orders. For example, depending on the payment method selected, you will be redirected to the Website of an online payment provider which is responsible for processing the payment. We transmit to these third parties only the data necessary for the operations they perform. We process this data based on our Contractual Necessity to do so.
To offer you QluPod’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to QluPod, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you.
The processing of the order, inventory and billing data is based on our Contractual Necessity to provide you with the requested goods and Services. We are also required by law to store certain information such as invoices, contracts, and other information relevant to accounting for a certain period of time (generally for 10 years) Data relating to uncompleted orders is stored for 12 months and then deleted.
- To contact you and respond to your queries.
You have the option of contacting us via the Website, the Mobile Application or by email. In this context, we process the data which you provide to us (including your contact information and the subject-matter of the request). This data is used for the purpose of providing you with the requested information and services, based on our Contractual Necessity.
The retention period depends on the reason for your request and its context. Requests relating to orders will be retained for the period specified for orders.
- For internal analysis and statistical purposes in order to improve our Website and/or Mobile Application and Services.
Provided we have collected your valid consent, we may process your personal data, in particular data relating to your use of the Website and/or the Mobile Application and your habits and preferences (e.g. our device information [serial number, software version, bug/crash reports], the content you accessed, date and time of access and your preferences), for internal analysis and statistical purposes, in order to better understand the needs of our users and to optimise their experience, and to improve the ergonomics and functionality of the Website, the Mobile Application and the Services in general. You may object to such processing activities at any time (see Section 12 below for additional information on your rights).
- To provide you with target information or advertisement based on the content you published and your interactions with the Website.
Provided we have collected your valid consent, we use as part of our operation of the Website the services of third parties, such as Google, Youtube or Facebook, which may place cookies on your device in order to provide you with a personalised advertisement based on your interaction with the Website. The privacy policies of those providers are applicable in relation to their activities. You may withdraw your consent at any time (see Section 12 below for additional information on your rights).
- To comply with our other legal obligations or for other legitimate interest.
We may further process your personal data if we have a Legal Obligation to do so or for other Legitimate Interests. This will, for instance, be the case if we need to disclose certain information to public authorities or retain such information for tax or accounting purposes, or the establishment, exercise or defence of legal claims. The personal data that we process for this purpose are those that we collected for one the purposes indicated elsewhere in this section. We retain the personal data for the duration of the legal obligation imposed on us.
- If we have obtained your consent.
In addition to the above, we may process your personal data if we have obtained your prior unambiguous consent for specific purposes. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.
- The circumstances in which we disclose your personal data to third parties
We may disclose your personal data to third parties if this is necessary for the operation of the Website and/or the Mobile Application or to comply with a legal obligation.
We may disclose your personal data to third parties in connection with the operation of the Website and/or the Mobile Application and to subcontractors such as IT service providers, cloud service providers, database providers, automated marketing solutions providers and consultants.
We may also enable you to use third-party services directly from the Website and/or the Mobile Application, in which case you acknowledge that third-party operators of such services may access some of your personal data related to the Website and/or the Mobile Application.
We may also disclose your personal data to third parties where we have a legal obligation to do so or a legitimate interest in doing so.
We may also disclose your personal data where we have a legitimate interest in doing so, for example (i) to respond to a request from a judicial authority or in accordance with a legal obligation; (ii) to bring or defend against a claim or lawsuit; or (iii) in the context of restructuring if we transfer our assets to another company.
- International Transfers
Your personal data is stored in your area or residence, but may in certain circumstances, be disclosed in other countries.
If you are a resident of the European Union, Switzerland, or the United Kingdom, we store your personal data on servers located in the European Union.
In principle, we do not transfer your personal data to other countries or make it available there. However, in certain circumstances, in particular, in connection with the operations of our subcontractors, your personal data may be made available to recipients located abroad (e.g. Google and Amazon Web Services are headquartered in the U.S). In such cases, we will ensure that suitable safeguards are in place, in accordance with applicable data protection laws, for instance by relying on standard contractual clauses adopted by the European Commission.
You may request additional information in this regard and obtain a copy of the relevant safeguards upon request by sending a request to the contact address indicated in Section 13 below.
- How long we store your personal data?
Your personal data will not be stored longer than necessary.
We will erase or anonymise personal data as soon as it is no longer necessary for us to fulfil the purposes set out in Section 6 of this Privacy Notice. This period varies, depending on the type of data concerned and the applicable legal requirements. More information on each type of processing can be found in Section 6 above. If you suppress your user account, we will delete your personal data within 30 days after such event, unless data must be retained for a valid reason.
In view of the legal obligations incumbent upon us, certain information relating in particular to the contractual relationship must be retained for at least 10 years.
We maintain physical, technical, and procedural safeguards to keep secure your personal data.
We are committed to the security of your personal data and have in place physical, administrative, and technical measures designed to keep secure your personal data and to prevent unauthorised access to it. We use two-factor authentication whenever possible, antivirus protection, and have a strong password policy in place. We restrict access to your personal data to those persons who need to know it for the purpose described in this Privacy Notice. In addition, we use standard security protocols and mechanisms to exchange the transmission of sensitive data. When you enter sensitive information, we encrypt it using Transport Layer Security (TLS) technology.
Although we take appropriate steps to protect your personal data, no website or application is completely secure. Therefore, we cannot guarantee that data you provide to us is safe and protected from all unauthorised third-party access and theft. We waive any liability in this respect.
The internet is a global environment. As a result, by sending information to us electronically, such data may be transferred internationally over the internet depending upon your location. Internet is not a secure environment, and this Privacy Notice applies to your use and disclosure of your personal data once it is under our control only. Given the inherent nature of the internet, all internet transmissions are done at your own risk.
If we have reasonable reasons to believe that your personal data have been acquired by an unauthorised person, and applicable law requires notification, we will promptly notify you of the breach by email (if we have it) and/or by any other channel of communication (including by posting a notice on the Website and/or the Mobile Application).
- Your rights regarding the processing of your personal data
You have the right to access your personal data we process and may request without limitation that they be removed, updated, or rectified.
Unless otherwise provided by law, you have the right to know whether we are processing your personal data. You may contact us to know the content of such personal data, to verify its accuracy, and to the extent permitted by law, to request that it be supplemented, updated, rectified, or erased. You also have the right to ask us to cease any specific processing of personal data that may have been obtained or processed in breach of applicable law, and you have the right to object to any processing of personal data for legitimate reasons.
By accessing your user account (if any), you can review, update, correct or delete the personal data available within your user account.
If you would like us to delete your personal data from our system, please send a request pursuant to the contact details below. Your request will be accommodated unless we have a legal obligation to retain the record. Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request.
If you wish us to erase your personal data from our systems, you may send us a request to the contact details below, which we will comply with unless we need to retain your data for legal or other legitimate reasons.
Where we rely on your consent to process your personal data, we will seek your freely given and specific consent by providing you with informed and unambiguous indications relating to your personal data. You may revoke at any time such consent.
You will find further details of your rights in Sections 4 and 5 of this Privacy Notice in connection with each processing activity we perform.
The above does not restrict any other rights you might have pursuant to applicable data protection legislation under certain circumstances In particular, if the GDPR applies to the processing of your personal data, the GDPR grants you certain rights as a data subject if the individual requirements are met:
- Right of access (Art. 15 GDPR) – you have the right to ask us for copies of your personal data.
- Right to rectification (Art. 16 GDPR) – you have the right to ask us to rectify personal data you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
- Right to erasure (Art. 17 GDPR) – you have the right to ask us to erase your personal data in certain circumstances.
- Right to restriction of processing (Art. 18 GDPR) – you have the right to ask us to restrict the processing of your personal data in certain circumstances.
- Right to data portability (Art. 20 GDPR) – you have the right to ask that we transfer to you or another organisation, in a structured, commonly used, and machine-readable format, the personal data that you provided to us or which directly result from your activities (such as data “observed” from your use of an QluPod device). The right to data portability is, however, not absolute and notability does not include the data which we generate internally based on your observed data.
- Right to object to processing (Art. 21 GDPR) – you have the right to object to the processing of your personal data which is based on our Legitimate Interests, in certain circumstances. In such case, we will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing, which override your interests, rights, and freedoms or where the processing is necessary for the establishment, exercise or defence of legal claims.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
You have the right to lodge a complaint with the competent authority.
Suppose you are not satisfied with the way in which we process your personal data. In that case, you may lodge a complaint with the competent data protection supervisory authority, in the Member State of your habitual residence, place of work or place of the alleged infringement, in addition to the rights described above.
Although this is not required, we recommend that you contact us first (see section 13) as we might be able to respond to your request directly.
- Contact Us
If you believe your personal data has been used in a way that is not consistent with this policy, or if you have any questions or queries regarding collecting or processing your personal data, please contact us.