Biobeat Privacy Statement

Please read this privacy statement carefully.

This Privacy Statement tells you how we use information that we collect about you through Biobeat’s proprietary devices, mobile applications ("apps"), widgets, digital solutions or other services (collectively the "Digital Solutions") that link to this Privacy Statement. This Privacy Statement does not apply to situations where we have notified you that an alternative privacy statement applies.

This Privacy Statement also does not apply to data processing activities specifically relating to current or former Biobeat employees or applicants.

We intend to deal with your information in a manner that is fair and in line with your expectations and encourage you to read and consider the information provided in this Privacy Statement to confirm that is the case.

In most cases, Biobeat will process your information as the data processor, whereby our clients that have engaged us to make available our Digital Solutions will overwhelmingly be the data controllers.

What information do we collect about you?

The information we receive, and how we use it, depends upon which Digital Solution of ours you desire to use, and what you do when using our Digital Solutions. In some cases, we’ll require you to submit personal information, and in others non-personal information (i.e., information that does not identify you personally).

Your Personal Information

If we require you to submit personal information that can specifically identify you, such information may include, your:

first and last name
address, telephone number, e-mail address or other contact information
medical device serial number
personal health information
date of birth or age
social media username or profile
interests and qualifications
IP (Internet Protocol) address when such address is associated with a specific user

We collect personal information about users of our devices primarily in two ways:

when you directly provide information to us, e.g. by entering personal information via the Digital Solutions. For example, you may fill out a registration form for a particular service, participate in a survey, or complete a contact form.
using automated means, specifically through cookies, tags and other similar technologies.

How does Biobeat use personal information?

We may use the information that you have shared with us through the applicable Digital Solutions (other than sensitive information, which is discussed separately below) for the following limited purposes:

to respond to your requests
to provide the Digital Solutions or information you request
to allow you to register certain products or services, or enhance their functionality
to resolve and track the status of any user and/or product or service issues
to manage our relationship with you and facilitate any necessary follow up (e.g. by storing relevant information and preferences for a reasonable amount of time)
to enter into, or perform a contract with you (e.g. in case you wish to order products or services from us)
to contact you with information that might be of interest to you – see further the Marketing and Education section below
In other ways to which you consent

Biobeat may also use your personal information to the extent necessary to achieve the following legitimate interests, so long as compatible with your rights and expectations of privacy:

for analytical purposes in order to research, develop and improve programs, products, services and content
to anonymize your information by removing any personal identifiers (your name, e-mail address, social security number, etc.) so that it may be used for other purposes. In this case, the anonymized information would no longer identify you and may be treated like other non-personal information. For more details please see the relevant section below
to enforce this Privacy Statement and other rules about your use of our Digital Solutions
to protect our rights or property

Biobeat also has legal grounds to use your personal information:

as necessary to protect someone's health, safety or welfare; and
in order to comply with a law or regulation, court order or other legal process

Where required by law, we will ask you to "opt-in" or affirmatively consent to the processing of your personal data for a particular purpose.

What is sensitive information?

Some types of personal information are sensitive information. Sensitive information is personal information revealing or relating to your health (such as your device serial number, or the date of an implant), genetic or biometric data, your racial or ethnic origin, religious or philosophical beliefs, sex life or sexual orientation, or political opinions.

Will Biobeat treat sensitive information differently to other personal information?

Biobeat will only collect and process your sensitive information:

in ways for which you have given your explicit consent
to protect the vital interests of you or another person, in cases where your explicit consent cannot be given or reasonably requested
according to applicable laws which include suitable and specific measures to safeguard your fundamental rights and interests
where the processing is necessary for medical purposes and we are, under the circumstances, under a duty of confidentiality equivalent to the duty of confidentiality of a health professional
to establish, exercise, or defend a legal claim

For example:

We may collect sensitive information directly from you, when you voluntarily provide it to us for a particular purpose (e.g. when you contact us with a question or suggestion about our products and services);
We may also collect sensitive information about patients through healthcare professionals who we work with to provide therapy or technical support for our products or services to you;
We may collect sensitive information as required by the U.S. Food and Drug Administration, European, and other governmental authorities in order to assure safe and effective use of our products and services;
We may collect sensitive information about participants who have explicitly consented to participate in clinical trials, studies, and other research initiatives.

Non-Personal Information

Non-personal information is information that cannot identify you or be tied to you in any way. Therefore, the non-personal information that we collect through our Digital Solutions does not identify you as an individual person, and will not be linked to you. It may include information such as the following:

the type of web browser software you use
the name of the domain from which you access the Internet
the date and time you access / use our Digital Solutions
which of our Digital Solutions you’ve utilized

What does Biobeat do with non-personal information?

We are always looking for ways to better serve you and improve our products, services and user experiences. We will use non-personal information from you improve our Digital Solutions and make this more user-friendly. We may also use non-personal information for other business purposes. For example, we may use non-personal information or aggregate non-personal information to:

create reports for internal use to develop programs, products, services or content
adapt or improve the information or services provided
share or sell information to third parties
provide information on how our site is used, such as "traffic statistics" and "response rates" to third parties

Does Biobeat collect geo-location based information?

When using our Digital Solutions, we reserve the right to access your geo-location data. Our use of this data is intended solely to monitor the connectivity between the Biobeat device and the Biobeat apps which process the data collected via the Biobeat device. We will not use your geo-location data for any other purpose without your consent.

Does Biobeat ever share personal information with third parties?

Biobeat will not share your personal information with a third-party except as described in this Privacy Statement.

In the ordinary course of business, we may share some personal information with Biobeat affiliates or third-party companies that we engage to perform services or functions on our behalf.

For example, we may:

use different vendors or suppliers to ship you devices. In these cases, we provide the vendor with information to process your order such as your name and mailing address.
use a third-party application or platform to allow us to manage and keep track of our communications with you.
use our company affiliates to provide services relating to your personal information e.g. we may store your information on a secure server based at our affiliate’s site in Europe or the United States. For more information on the circumstances in which we may transfer your information to other countries, please see the relevant section below.

In all cases we will not share more information than is necessary, and we will not authorize any third parties to keep, disclose or use your information except to provide the requested services in line with the purposes set out above.

Please note that subject to applicable laws, we may disclose your personal information if we believe we are required to do so to comply with any law, regulation, court order, legal or government request. In the unlikely event that all or part of our business is acquired by a third party, your information may be transferred to the new corporate owner insofar as relevant to the business in question and subject to appropriate safeguards being in place.

In addition, we may use and disclose your personal information to third parties if necessary to:

enforce this Privacy Statement and the other rules about your use of our Digital Solutions
protect our rights or property
protect someone's health, safety or welfare
comply with a law or regulation, court order or other legal process
investigate or take action in cases of suspected fraud or illegal activities

Your Rights

According to applicable data privacy law and regulations, you have the right, provided that the respective legal requirements are fulfilled, to:

obtain confirmation as to whether Biobeat processes personal information about you and, where that is the case, obtain access to your personal data processed by Biobeat
obtain the rectification of your inaccurate personal information processed by Biobeat
obtain from Biobeat the erasure of your personal information processed by Biobeat
obtain from Biobeat restriction of processing of your personal data
obtain your personal information that you have provided to Biobeat in a structured, commonly used and machine-readable format or request that your personal information be transmitted to another recipient
object to the processing of your personal data by Biobeat and, on grounds relating to your particular situation, to object to the processing of your personal data insofar as the processing of your personal data is based on legitimate interests.

If you have given Biobeat or any third party your consent to process your personal data, you have the right to withdraw your consent at any time with effect for the future, i.e. your withdrawal does not affect the legality of the processing carried out based on the consent prior to the withdrawal. After withdrawal, Biobeat may only process your personal data to the extent that Biobeat can base the processing on another legal basis.

If you wish to exercise any of your rights, please contact privacy@bio-beat.com.

Do we transfer personal information to other countries?

In certain cases Biobeat may transmit personal information collected via our Digital Solutions to our affiliates or third party service providers in other countries, but only in furtherance of the purposes set out in this Privacy Statement. In cases where personal information is transmitted from Europe to other countries we will ensure that safeguards equivalent to those provided by European data protection laws are in place. For more information on the safeguards implemented by Biobeat please contact privacy@bio-beat.com.

How long will we keep your personal information for?

We will only keep your personal information for so long as necessary to fulfill the purposes for which we are allowed to use them, as set out in this Privacy Statement.

What happens if the privacy statement changes?

This Privacy Statement was last revised and posted in August 2021. We may change this Privacy Statement at any time and for any reason. If we decide to make a significant change to our Privacy Statement, we will post a notice on the Biobeat website (www.bio-beat.com) for a period of time after the change is made. We encourage you to review this Privacy Statement from time to time.

Are there special rules about children's privacy?

We care about protecting the online privacy of children. We will not intentionally collect any personal information (such as a child's name or e-mail address) from children under the age of 16 without the consent of someone holding parental responsibility.

What about security?

Security is very important to us. We also understand that security is important to you. We use industry standard measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However no device is 100% secure and we encourage you to take special care in deciding what information you send via the Digital Solutions, and take appropriate precautions such as keeping any usernames and passwords you use confidential.

Your rights

At any time, you may exercise your right to access, rectify and, as the case may be, erase, any personal information relating to you, or restrict the processing of your personal information, in compliance with applicable laws.

You also have the right at any time to object, based on your particular situation, to any use or processing of your personal information which we have based on our legitimate interests.

In case we are processing your personal information in an automated manner as part of a service to you or based on your consent then you also have the right to request a copy of your information in a structured, commonly used and machine-readable format (known as the right to “data portability”).

Such requests can be sent to privacy@bio-beat.com. Please note that we may ask you to provide proof of identity (such as a copy of your ID card or passport) before we can comply with your request. In case you are not satisfied with our handling of your request you may contact the applicable Data Protection Authority. See further: https://ec.europa.eu/newsroom/article29/items/612080/en

How to contact Biobeat

If you have questions or comments about this Privacy Statement, please Contact us by sending an email to privacy@bio-beat.com.