Privacy Policy of AVA Breathe

This Application collects some Personal Data from its Users.

 

POLICY SUMMARY

Personal Data collected for the following purposes and using the following services:

 

Analytics

Analytics collected directly

Personal Data: Cookies; Usage Data

 

Beta Testing

Testflight

Personal Data: app information; country; date of birth; device information; email address; first name; last name; phone number; username; various types of Data as specified in the privacy policy of the service

 

Device permissions for Personal Data access

Device permissions for Personal Data access

Personal Data: Approximate location permission (non-continuous); Bluetooth sharing permission; Camera permission; Photo Library permission

 

Handling activity data

Activity data tracked by your device

Personal Data: general activity data

 

Location-based interactions

Non-continuous geolocation

Personal Data: geographic position

 

Managing support and contact requests

ZenDesk

Personal Data: various types of Data as specified in the privacy policy of the service

 

Registration and authentication

Firebase Authentication

Personal Data: email address

Further information about Personal Data

Push notifications

This Application may send push notifications to the User.

 

Contact information

Owner and Data Controller

 

Customer Support Department

Advanced Ventilation Applications, Inc.

2627 Hanover St Palo Alto, CA 94304

 

Owner contact Tel: 1-800-415-4080 / email: info@avabreathe.com

 

 

FULL POLICY

 

Owner and Data Controller

Customer Support Department, Advanced Ventilation Applications, Inc.

2627 Hanover St Palo Alto, CA 94304

Owner contact Tel: 1-800-415-4080 / email: info@avabreathe.com

 

Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies; Usage Data; email address; first name; last name; date of birth; phone number; username; country; app information; device information; Camera permission; Approximate location permission (non-continuous); Bluetooth sharing permission; Photo Library permission; general activity data; geographic position.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection. Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service. Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available. Users may either permit or refuse the use of Cookies by changing the relevant web browser option settings. If a User chooses to refuse the use of Cookies, there could be some restrictions in using certain parts of this Application.

Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

 

Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

 

Specifically, Personal Data of Users will be used by the following external party in the following manner:

Party entrusted with the management of personal data

Business affairs subject to the entrustment of management of personal data

MC&S Asia

Marketing, Distribution of product; Provision of customer support

 

Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

  • Users (or their legal representatives in the case of Users under the age of 14) have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
  • provision of Data is necessary for the performance of the agreement with the User on the use of this Application, but it is obviously difficult to get consent in an ordinary way due to economic or technical reasons;
  • provision of Data is necessary for the settlement of charges incurred as a result of the provision of this Application;
  • there is a special provision of law which permits the provision and processing of Data without the consent of the User.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

 

Place

The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located. Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

 

Retention time

As a rule, Personal Data shall be processed and stored for as long as required by the purpose they have been collected for and destroyed immediately after such purpose has been achieved. Personal Data shall also, as a rule, be destroyed immediately after (i) the User withdraws consent to the processing of his/her Personal Data; or (ii) the User deletes his/her account; or (iii) the Owner ceases its business. Notwithstanding the foregoing, the following Personal Data shall be preserved for a period specified below in accordance with the relevant laws.

  • Records related to the cancellation of contracts or subscriptions, etc.: 5 years (required by the Act on the Consumer Protection in Electronic Commerce, etc.)
  • Records related to the payment for and supply of goods, etc.: 5 years (required by the Act on the Consumer Protection in Electronic Commerce, etc.)
  • Record related to the resolution of consumer complaints or disputes: 3 years (required by the Act on the Consumer Protection in Electronic Commerce, etc.)
  • Records on the use or provision of Location Information: 6 months (required by the Act Protection, Use, etc. of Location Information)

Once the retention period expires, Personal Data shall be deleted without delay in a way which ensures that it cannot be recovered or reproduced. Personal Data stored in the form of electronic files shall be safely deleted by using technical methods which ensure that it cannot be recovered or reproduced and Personal Data stored in the form of printed documents shall either be shredded or incinerated. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

 

The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics, Beta Testing, Device permissions for Personal Data access, Handling activity data, Location-based interactions, Registration and authentication and Managing support and contact requests.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

 

Device permissions for Personal Data access

Depending on the User's specific device, this Application may request certain permissions that allow it to access the User's device Data as described below.

By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device settings or contact the Owner for support at the contact details provided in the present document. The exact procedure for controlling app permissions may be dependent on the User's device and software.

Please note that the revoking of such permissions might impact the proper functioning of this Application.

If User grants any of the permissions listed below, the respective Personal Data may be processed (i.e accessed to, modified or removed) by this Application.

 

Approximate location permission (non-continuous)

Used for accessing the User's approximate device location. This Application may collect, use, and share User location Data in order to provide location-based services. The geographic location of the User is determined in a manner that isn't continuous. This means that it is impossible for this Application to derive the approximate position of the User on a continuous basis.

 

Bluetooth sharing permission

Used for accessing Bluetooth related functions such as scanning for devices, connecting with devices, and allowing data transfer between devices.

 

Camera permission

Used for accessing the camera or capturing images and video from the device.

 

Photo Library permission

Allows access to the User's Photo Library.

Among the permissions mentioned above, the permissions which are certainly necessary for the use of this Application are [     ,     ,     ]. In the cases of [     ,     ,     ], Users may refuse to grant any of these permission and still be able to use parts of this Application which are irrelevant with the permission he/she had refused to grant.

 

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

  • Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

 

Analytics collected directly (this Application)

This Application uses an internal analytics system that does not involve third parties.

Personal Data collected: Cookies; Usage Data.

  • Beta Testing

This type of service makes it possible to manage User access to this Application, or parts of it, for the purpose of testing a certain feature or the entire Application. The service provider may automatically collect data related to crashes and statistics related to the User's use of this Application in a personally identifiable form.

 

TestFlight (Apple Inc.)

TestFlight is a beta testing service provided by Apple Inc.

Personal Data collected: app information; country; date of birth; device information; email address; first name; last name; phone number; username; various types of Data as specified in the privacy policy of the service.

 

Place of processing: United States – Privacy Policy.

  • Device permissions for Personal Data access

This Application requests certain permissions from Users that allow it to access the User's device Data as described below.

 

Device permissions for Personal Data access (this Application)

This Application requests certain permissions from Users that allow it to access the User's device Data as summarized here and described within this document.

Personal Data collected: Approximate location permission (non-continuous); Bluetooth sharing permission; Camera permission; Photo Library permission.

 

Handling activity data

This type of service allows the Owner to use the activity data collected by your device in order for this Application to operate or to provide specific features. This may include movements, heartbeat, change in altitude or data about the surroundings. Depending on what is described below, third parties may be involved in the activity tracking. Most devices allow for the User to control which Data is accessed or stored.

 

Activity data tracked by your device (this Application)

This Application uses some activity data tracked by your device to operate or to provide specific features.

Personal Data collected: general activity data.

 

  • Location-based interactions

Non-continuous geolocation (this Application)

This Application may collect, use, and share User location Data in order to provide location-based services. Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by this Application. The geographic location of the User is determined in a manner that isn't continuous, either at the specific request of the User or when the User doesn't point out its current location in the appropriate field and allows the application to detect the position automatically.

Personal Data collected: geographic position.

  • Managing support and contact requests

This type of service allows this Application to manage support and contact requests received via email or by other means, such as the contact form. The Personal Data processed depend on the information provided by the User in the messages and the means used for communication (e.g. email address).

 

Zendesk (Zendesk, Inc.)

Zendesk is a support and contact request management service provided by Zendesk Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

  • Registration and authentication

By registering or authenticating, Users allow this Application to identify them and give them access to dedicated services. Depending on what is described below, third parties may provide registration and authentication services. In this case, this Application will be able to access some Data, stored by these third-party services, for registration or identification purposes.

 

Firebase Authentication (Google LLC)

Firebase Authentication is a registration and authentication service provided by Google LLC. To simplify the registration and authentication process, Firebase Authentication can make use of third-party identity providers and save the information on its platform.

Personal Data collected: email address.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

 

Further information about Personal Data

  • Push notifications

This Application may send push notifications to the User.

 

The rights of Users

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

  • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
  • Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  • Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
  • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

 

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

 

If the User is under the age of 14, his/her legal representative may exercise these rights on behalf of the User.

 

Additional information about Data collection and processing

Legal action

The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

 

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

 

System logs and maintenance

For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.

 

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

 

How “Do Not Track” requests are handled

This Application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

 

Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

 

Definitions and legal references

 

This Application

The means by which the Personal Data of the User is collected and processed.

 

Cookies

Small sets of data stored in the User's device.

 

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

 

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

 

Data Subject

The natural person to whom the Personal Data refers.

 

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

 

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

 

Service

The service provided by this Application as described in the relative terms (if available) and on this site/application.

 

Usage Data

Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

 

User

The individual using this Application who, unless otherwise specified, coincides with the Data Subject.

 

Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to this Application, if not stated otherwise within this document.

 

Latest update: June 4, 2019