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OYO Privacy-erklarung

Privacy Policy

 

  1. Definitions

In addition to the terms defined elsewhere in this Privacy Policy, capitalized terms used in this Privacy Policy have the meaning set out below.

 

Data Protection Legislation

means (i) the EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC as from 25 May 2018; (ii) the Belgian law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and (iii) all other current or future applicable national laws relating to or impacting the processing of personal data and privacy.

Personal Data

means any information relating to an identified or identifiable natural person.

Baby

means the baby on which the monitor is used and with whom you have a family connection, friend connection or a connection as a guardian.

 

  1. Scope, Identity and contact details
    • The protection of your and the Baby’s privacy and Personal Data is of utmost importance to Us. This Privacy Policy describes how We will process your and the Baby’s Personal Data in the context of your use of the OYO mobile application (“Application”) and as further described in this Privacy Policy. This Privacy Policy applies to the Personal Data we collect via Our Application and the OYO monitor.
    • QLEVR NV (“We” or “Us” or “Our”) is a Belgian company with registered offices at Waterkeringstraat 21, 9320 Erembodegem, Belgium and registered at the Crossroads Bank for Enterprises under the number 0472.941.217. Our contact information is available on Our website aerosleep.com.
    • We qualify as data controller, as defined in the Data Protection Legislation, in the light of the processing of your Personal Data for the purposes as defined in the present Privacy Policy.
  2. Personal Data

We will process the following personal data (“Personal Data”) about you or the Baby:

  • Your Personal identification data (first name, family name);
  • Your electronic contact information (e-mail address and telephone number);
  • Your other contact information (address);
  • Your Bank account information;
  • Your relationship to the Baby;
  • Duration of your pregnancy (if you are the mother of the Baby);
  • Your country of residence;
  • Name of the Baby (first name and family name);
  • Gender of the Baby;
  • Date of birth of the Baby;
  • Skin temperature of the Baby;
  • Breathing movement of the Baby;
  • Position and movement of the Baby (belly, back, side, standing up);
  • Image of the Baby;
  • Voice of the Baby.
  1. Purposes of processing and Legal Basis
    • We only process your Personal Data in relation to the following purpose and legal basis.

Personal Data

Purpose of processing

Legal Basis

1.               Personal identification data

 

Allow you to make an account and to access and use the Application and Our services. In addition, this information is necessary for the proper performance of the delivery and order process.

 

The processing is necessary for the performance of a contract to which you are a party.

 

2.               Electronic contact information

 

Allow you to make an account and to access and use the Application and Our services (including our support services). In addition, this information is necessary for the proper performance of the delivery and order process. We may also use this information to send you service related information such as confirmations, invoices, technical notices, updates, security notifications and support and administrative messages.

 

Moreover, We may use this information to contact you in the context of products  or services similar to the Application (i) Our services by sending informative or promotional messages; (ii) our future projects, promotions, events or initiatives directly or indirectly related to Our services (“direct marketing”).

·        The processing is necessary for the performance of a contract to which you are a party.

 

 

 

 

 

 

 

·         Soft-opt-in (see article 4.4.).

 

 

 

 

 

3.               Other contact information

This information is necessary for the proper performance of the delivery and order process. We may also use this information to send you service related information such as confirmations, invoices, technical notices, updates, security notifications and support and administrative messages.

Moreover, We may use this information to contact you in the context of products  or services similar to the Application (i) Our services by sending informative or promotional messages; (ii) our future projects, promotions, events or initiatives directly or indirectly related to Our services (“direct marketing”).

 

 

 

 

 

 

·        Your consent (see article 4.3.).

 

4.               Bank account information

This information is necessary for the proper performance of the delivery and order process.

 

The processing is necessary for the performance of a contract to which you are a party.

 

5.               Your relationship to the Baby

We may use this information in the context of (direct) marketing to deliver more personalised communication and to send you the information that is most relevant to you.

 

·        Your consent (see article 4.3.).

6.               Duration of the pregnancy

We may use this information to personalise Our services to you as the algorithm of the Application depends on the duration of the pregnancy, for the proper functioning of the OYO monitor and to set the correct notification values. For example: the algorithm will work differently when the Baby was born after 33 weeks than if it were born after 40 weeks. The algorithm can in this case be adjusted in order to sharpen certain functionalities, for example, the breathing movement.

Your consent (see article 4.3.).

7.               Country of residence

We may use this information in the context of (direct) marketing to deliver more personalised communication and to send you the information that is most relevant to you.

·        Your consent (see article 4.3.).

 

8.               Name of the Baby

We may use this information to personalise the Application and make the user experience more pleasant.

Your consent (see article 4.3.).

9.               Gender of the Baby

  We may use this information to personalise the Application and make the user experience more pleasant.

Your consent (see article 4.3.).

10.            Date of birth of the Baby

 We may use this information to personalise Our services to you as the algorithm of the Application depends on the age of the Baby, for the proper functioning of the OYO monitor and to set the correct notification values. For example: breathing ratios are different when the Baby is 3 months old vs. 3 years old. This may lead to false notifications, which we want to avoid in all circumstances.

We may use this information in the context of (direct) marketing to deliver more personalised communication and to send you the information that is most relevant to you.

·        Your consent (see article 4.3.).

 

 

 

 

 

 

·        Your consent (see article 4.3.).

 

 

11.            Skin temperature of the Baby

We may use and display this information in the Application to give you an indication of the skin temperature of the Baby. We may send you notifications and advise you to measure the temperature of the Baby, when there is an indication that the skin temperature of the Baby rises or the skin temperature of the Baby is very high.

Your consent (see article 4.3.).

 

 

 

 

12.            Breathing movement of the Baby

We may use this information to track the breathing movement of the Baby and provide information on the status of the breathing movement in the Application (e.g. breather movement is normal or is faster than normal). On this basis, We will send you notifications once the Baby breaths slower or when the Baby stops breathing.

Your consent (see article 4.3.).

 

 

13.            Position and movement of the Baby

We may use this information to track the sleeping activity of the Baby and display this information in the Application. On the basis of the intensity of its movements, We may assess whether the Baby is awake or is sleeping and whether the Baby is in a deep sleep or a light sleep. We may send you notifications when the Baby falls asleep or wakes up.

In addition, We may use this information to get an indication of the body posture of the Baby and assess when the Baby falls. We may send you a notification when the Baby lies on its belly.

The processing is necessary for the performance of a contract to which you are a party.

 

 

 

 

 

 

 

 

 

14.            Image of the Baby

We may use this information to personalise the Application and make the user experience more pleasant.

In addition, we use this information to allow you to have a real time view of the Baby.

·        Your consent (see article 4.3.).

 

 

·        The processing is necessary for the performance of a contract to which you are a party.

15.            Voice of the Baby

We may use this information to inform you that the Baby is making noise and is possibly crying.

In addition, we use this information to allow you to hear in real time.

Your consent (see article 4.3.).

 

 

  • We will provide you with relevant information if We intend to process your Personal Data for other purposes than those specified in the present Privacy Policy.
  • You consent to the processing of (i) other contact information, (ii) your relationship to the Baby, (iii) duration of pregnancy (if you are the mother of the Baby), (iv) country of residence, (v) name of the Baby, (vi) gender of the Baby, (vii) date of birth of the Baby, (viii) skin temperature of the Baby, (ix) breathing movement of the Baby and (x) image and voice of the Baby for the purposes mentioned in article 4.1. by ticking the boxes of the Consent Form above. This Privacy Policy is available on Our website and We will keep the original consent form in order to allow Us to demonstrate that you provided Us with your consent. You are entitled to withdraw your consent at every moment. The withdrawal of your consent shall not affect the lawfulness of processing based on consent before its withdrawal.
  • In some cases, sending direct marketing by e-mail, SMS or other electronic means is permitted without your consent, for example because we have obtained your electronic contact details in the context of the sale of products or services and because Our commercial messages relate to Our similar products or services (“Soft-opt-in”). You may object at any time to further receiving Our direct marketing messages by clicking on “UNSUBSCRIBE”. The unsubscribe option is provided in each direct marketing e-mail. You may also send your intention to unsubscribe by e-mail to hello@aerosleep.com.
  • Please note that if you do not consent to the processing of essential personal information (i.e. duration of pregnancy, date of birth of the Baby, skin temperature of the Baby and breathing movement of the Baby) as provided in the second section of the consent form above, specific functionalities of the Application may not be provided to you (i.e. set the correct notification values and notify you in relation to the status of the Baby). In such case, We disclaim any liability  in this respect.
  1. Recipients of Personal Data
    • Your Personal Data is processed by Us. We may share your Personal Data with Our affiliated companies and organizations, only in relation to the purposes mentioned in article 1 of this Privacy Policy.
    • We may share Your Personal Data with any tablet or mobile phone user, which is connected to the same wifi network as your tablet or mobile phone. In this case, we will notify you of the fact that the Personal Data will be shared with such connected user.
    • We may transfer your Personal Data to third parties providing services to Us, such as but not limited to Our e-mail marketing platform (currently DotDigital), subcontractors, Our developers of the monitors, Our IT-service providers, analytics providers and infrastructure providers (e.g. Magento, Firebase, Zendesk and Hetzner), third party advertising providers (e.g. Facebook, Google) and third party payment providers (e.g. pay.nl).
    • We may transfer your Personal Data to third parties if We are required by law or by a judicial order to do so.
    • In case of entire or partial sale (including a merger or acquisition) or reorganisation of Us, your Personal Data may be transferred to third parties.
  2. Transfer of Personal Data
    • Your Personal Data will only be processed within the European Economic Area (E.E.A.).
  3. Period for which Personal Data will be stored
    • We will store your Personal Data with the exception of the Personal Data in 11-15 under article 1 (i) as long as is necessary to process your Personal Data for the purposes mentioned above and as long as the legal basis applies, (ii) as long as you make use of our services and have not deleted your account or (iii) or as long as We are legally obliged to store your Personal Data. The Personal Data as mentioned in 11-13 of article 4.1 will be stored for one month as from its retrieval. The Personal Data as mentioned in 14-15 of article 4.1 shall not be stored by Us.
  4. Your rights
    • In accordance with and subject to the conditions provided by Data Protection Legislation, you are entitled to request from Us (a) access to your Personal Data, (b) rectification of your Personal Data, (c) erasure of your Personal Data and (d) restriction of the processing of your Personal Data. In addition, you have the right to object to the processing of your Personal Data and you may request Us to receive your Personal Data in a structured, commonly used and machine-readable format. You are also entitled to lodge a complaint with the competent supervisory authority (in Belgium the Data Protection Authority https://www.dataprotectionauthority.be) or any other authority replacing the Belgian Data Protection Authority.
    • You may exercise the aforementioned rights by sending a letter to QLEVR NV, to the attention of [name and address], or by sending an e-mail to hello@aerosleep.com or via any other technical solution on Our website.
  5. Profiling
    • We may process your Personal Data in order to make a decision based solely on automated processing, including profiling (e.g. change the thresholds for measurements of temperature on the Application). The consequences of such profiling for you and the logic involved of such automated processing may be that the measurements and indications provided through the Application concerning the status of your Baby shall be more precise as they will be specific to the characteristics of your Baby.
  6. Changes to this Privacy Policy
    • We may change the provisions of this Privacy Policy. We will announce each new version of the Privacy Policy and will ask for your consent pursuant to article 4 of this Privacy Policy.