PRIVACY POLICY
LATEST UPDATE TO THIS PRIVACY POLICY: SEPTEMBER 13, 2022
ALC Enterprises Inc. owns and operates the application referred to and known as AuraTrack App (hereinafter referred to as the “App”).
The present Privacy Policy shall set forth the terms applicable to the collection, disclosure, storage and maintenance of data and indirect identifiers obtained from the App. Further, the present Privacy Policy shall specify the data protection obligations imposed upon ALC Enterprises Inc. as well as the rights granted to users of the App residing in countries governed by the General Data Protection Regulation (GDPR).
1. BACKGROUND AND DEFINITIONS
The App works in conjunction with a wearable band. Accordingly, the App allows its users to track the following health information: their heart rate, oxygen saturation levels, sleep and certain fitness activities (collectively, the “Health Readings”). Health Readings generated by the App are based upon the information received from the relevant user and the wearable band. Users may view and consult their Health Readings on the App. User also acknowledge that the App may store their Health Readings for reference and consultation purposes.
When used in this Privacy Policy, the terms “we”, “our”, “us” and other similar expressions shall refer to ALC Enterprises Inc., a company incorporated pursuant to the laws of the state of New York.
The term “Privacy Policy” shall refer to the latest version of this Privacy Policy and shall include amendments, and updates made to this Privacy Policy. For reference purposes, this Privacy Policy shall specify the date of its latest update.
The term “Services” shall refer to all services offered on our App, without limitation. The Services offered shall allow Users to obtain Health Readings relating to their heart rates, oxygen saturation, sleep and other fitness activities.
The term “Users” shall refer to all users of the App. The term “User” shall refer to any individual User of the App.
2. APPLICATION
Any data submitted by Users on the App shall be handled and treated according to the present Privacy Policy. Upon accessing, downloading or otherwise using the App, even in part, a User shall be deemed to agree to be bound by the terms of this Privacy Policy. Users shall be subject to the entirety of the terms of this Privacy Policy. We shall not be bound by any policies or terms, except for the present Privacy Policy and the corresponding Terms and Conditions, as published on the App.
3. HEALTH INFORMATION
To offer the Services and provide added value, we may obtain health and fitness data regarding Users from Apple HealthKit and/or Google Fit API,. Alternatively, we may send User data to Apple HealthKit and/or Google Fit API in connection with the same objectives. Our App shall obtain such information only with the relevant User’s consent. We use health and fitness data in furtherance of the Services, including to provide information and readings regarding calorie counts, distances, workout durations and heart rates.
We only collect such health and fitness data to provide the Services and enhancements to the Services, and not for any other purpose. Any such health and fitness data obtained from Apple HealthKit and/or Google Fit DSK is not maintained or stored by our App. Further, we do not use such data for advertising purposes.
4. MINORS
The App is intended and designed for Users who are at least eighteen (18) years old. We never knowingly target or advertise to minors. Any User under the age of eighteen (18) should not use or download the App, unless the minor User obtained the approval and consent of the minor’s parent or lawful guardian. In such cases, we strongly recommend that the parent or lawful guardian supervises the minor User when using the App.
5. UPDATES
We reserve the right to update this Privacy Policy, at any time at our sole discretion. We shall publish the updated Privacy Policy on the App to ensure it is available to the Users. The updated Privacy Policy shall be binding and applicable as of the date of its publication on the App, the date of which shall be specified in the header of this Privacy Policy.
6. DATA COLLECTION
The App’s Services relate to health and fitness. As stated, all Health Readings provided to Users are held by the Users’ wearable band. Health Readings cannot be provided unless the User purchased and uses the corresponding wearable band in connection with the App. When Users upload or input any personal data on the App, Users acknowledge that we may gain access to the data provided.
Personal Data: Personal data constitutes any information that relates to an identifiable individual, and allows for the identification of such individual. Personal data includes, without limitation, a User’s name, residential address, and email address.
Indirect Identifiers: Indirect identifiers consist of data regarding an individual person that cannot be used in isolation to identify such person. Indirect identifiers can be used in combination with personal information or other indirect identifiers to identify a specific individual. Indirect identifiers include a User’s geographical location, browsing history and browser settings.
Passively Obtained Information: We may obtain passively obtained information from Users as a result of their usage of the App. Passively obtained information may include the time spent on the App, a User’s IP address, preferences, location, browser type, browser version, unique identifiers, usage of the Services and other information relating to usage of the App. We obtain such information from browser cookies and other similar technologies.
Location Data: If a User provides an explicit authorization when using the App, we may obtain and subsequently collect information regarding the User’s location.
Any information and personal data we obtain as a result of a User’s access, download or usage of the App shall be handled and stored according to the present Privacy Policy.
7. USAGE OF PERSONAL DATA
We undertake to use the personal data collected from the App solely for the purposes explicitly stated in this Privacy Policy. We shall be authorized to use and share such personal data to fulfill our legitimate business interests. We may also use personal data to respond to User inquiries and handle technical issues.
Provision of Services: We shall use personal data provided and collected from the App to provide the Services. As such, we may use personal data to ensure Users are provided with Health Readings that are as accurate as reasonably possible. We may also use personal data and data collected from the App to monitor the usage of the App, provide customer support and assess User preferences. Further, we may use personal data to allow Users to benefit from the App’s interactive features. In the provision of the Services, we shall be authorized to use personal data to communicate with a User.
Legal Obligations: As per applicable laws, we shall be permitted to disclose and share personal data obtained from the App to fulfill a legal obligation or the requirements of a court order. When disclosing personal data pursuant to a legal obligation or court order, we undertake to share the minimum personal data required to satisfy the requirements of the applicable court order or legal obligation. We may also use personal data to uphold or defend any of our rights. Further, in compliance with applicable laws, we may use personal data to protect the safety of others and to protect ourselves against legal liability. Personal data may also be used if needed for purposes of an investigation relating to potential wrongdoings.
Analytics and Statistics: We may use the personal data collected from the App to analyze performance data, metrics and statistics relating to Users, the effectiveness of the Services and other relevant data. To obtain analytical data regarding the App, we shall be entitled to use Google Analytics and Mixpanel (collectively, the “Third Party Service Providers”). Users acknowledge that we may share data obtained from the App with such Third Party Service Providers. The Third Party Service Providers shall be granted access to such data solely to provide the analytical and statistical analyses, and not for any other purpose.
Business Purposes: We may share and disclose data obtained from the App if we are involved in a: (i) merger, (ii) asset sale, (iii) acquisition, or (iv) other transaction regarding our ownership structure or that of the App.
Public Interest: We may also disclose personal data for reasons of public interest or if the data in question is part of the public domain.
8. STORAGE AND MAINTENANCE
Users’ personal data may be stored in secure servers, either owned by us or any of our trusted third party service providers. Nonetheless, we shall not access, use or withdraw such data unless required by law, to fulfill a legal obligation, for analytical purposes or for technical use, including but not limited to improving our App, updating our App, and fixing issues or bugs.
User data shall be retained in the servers for as long as reasonably necessary based upon the purpose of the collection and applicable laws.
9. DATA TRANSFERS
Unless we indicate otherwise, all data collected from our App will be maintained in servers located in the United States. Users recognize that data may be transferred to servers located in another jurisdiction, which may be subject to different laws. Notwithstanding the foregoing, we shall only permit data transfers outside of the United States if the data is transferred to countries that comply with strict data protection laws.
10. RIGHTS GRANTED TO RESIDENTS OF THE EEA
As data subjects, Users residing in the European Economic Area (EEA) shall benefit from the rights granted by the GDPR. At the present time, we do not access any stored personal data however in strict compliance with the GDPR, in the event that we do utilize stored data in the future, Users shall benefit from the following rights in connection with their personal data:
Right to be informed: Users shall have the right to be informed of our collection and usage of their personal data.
Right to Access: Users may request access to their personal data by sending us an email. Users shall further benefit from the right to obtain access to information regarding the transfers of personal data.
Right to Rectification: If a User finds or believes that the personal data held by us is erroneous, unusable or false, the affected User may request the rectification or correction of the data. If a User determines that the personal data we have on file is incomplete, the User may request that we provide additions or supplements to such data.
Right to be Forgotten: Users shall have the right to request the deletion of their personal data from our servers.
Right to Restrict Processing: Users shall have the right to request that we restrict the processing of their personal data.
Right to Data Portability: Users may request a copy of their personal data in a structured, commonly used and machine-readable format.
Right to Object: Users shall have the right to object to our processing of their personal data for reasons of convenience or as a result of particular circumstances.
Right to Revoke Consent: Users may provide us with a specific permission to use their personal data for purposes beyond those specified in the present Privacy Policy. A User may revoke the permission provided to us, at any time, by sending us a written notice in accordance with the terms of the present Privacy Policy.
Users may send an email to support@aura-medical.com to exercise any of the above mentioned rights in connection with their personal data provided on or via the App.
11. THIRD PARTY LINKS
Users acknowledge that the App may provide links to third party websites and applications, including to affiliate links and external links, without limitation. This Privacy Policy shall only apply to the App, and not to any third party websites and applications. All third party websites and applications shall be governed by their own privacy policies, and not by the present Privacy Policy.
The links to the third party websites and applications are provided solely for convenience and reference purposes. Users acknowledge that unless otherwise stated, we are not affiliated with any of the third party websites and applications linked on the App.
12. DATA SECURITY
We employ various processes to protect the security and integrity of Users’ personal data. We do not disclose Users’ personal data to any third party, except as stated in this Privacy Policy. We take all necessary precautions to safeguard Users’ personal data, however, the transmission of personal data on the Internet is never fully secure. As a result, we cannot guarantee the security of all personal data transmitted via the App. Users acknowledge that the submission of personal data on the App shall be at their own risk. Users further acknowledge that we shall not be responsible for any unauthorized access to personal data provided in connection with the App.
13. MEDICAL DISCLAIMERS
Each User acknowledges and agrees that the Health Readings provided in connection with the App shall be based, at least in part, on data inputted by the User. The readings provided should not be considered medical advice.
Any information or readings provided on or in connection with the App should not be used to diagnose, treat, examine or medically advise Users.