When you use MyoSwiss’ services or contact our customer service, we collect certain personal data from you. This data is used solely to provide you with the service in question, to ensure the proper functioning and security of MyoSwiss’ services, to verify your identity, or to investigate any fraud or misuse. MyoSwiss does not disclose your data, nor does it pass it on or sell it, unless we are obliged to do so by law. We use some of the data as part of our ongoing research and development efforts to develop new functions and improve existing ones. The data is completely anonymized for this purpose and does not contain any information that could identify you personally.

We process your personal data only for the purposes stated in this privacy policy and for the service-specific purposes which you will learn more about below. You can contact us directly to obtain further information on the use of personal data in relation to the individual services.

MyoSwiss is a global company with customers all over the world. For this reason, your data may be transferred from your home country to a foreign country. Your data is stored on servers located in the European Union (EU), the European Economic Area (EEA), and Switzerland. Your e-mail address or user ID is transmitted to the servers of our service providers outside the EU, the EEA, or Switzerland for the purpose of automatic notification or sending error reports. Even in these cases, service providers do not have access to your data.

If data is transmitted, it is only for the purpose of providing our services. Your data will not be disclosed to third parties and will not be passed on to them. Your data remains under the control of MyoSwiss.

Below you will find a list of the data that is collected, when you are using our services:

DATA YOU PROVIDE US WITH

• USER ACCOUNT DATA: Some data, such as your name, password, gender, height, weight, medical condition and e-mail address, and in some cases your mobile phone number, are necessary to open a user account within our services. This is the only information you need to provide to create an account with us. You may provide additional information on a voluntary basis. We trust that all information you provide is accurate.
• ADDITIONAL DATA: To enhance your experience or to enable certain service features, you may voluntarily provide us with additional information. When you contact us or participate in a survey, contest or promotion, we collect the information you submit for processing. This may include your name, contact information, and the message itself. We will not share this information without your consent.

DATA WE OBTAIN THROUGH YOUR USE OF OUR SERVICES

• DEVICE INFORMATION: In order to estimate a variety of metrics, the device (Myosuit) collects data via inertial sensors which allow us to derive measurements such as walking speed, angle of the lower extremities, etc.
• USAGE DATA: When you use our services, we receive certain usage, or network activity data. This includes information regarding your interaction with our services, such as when or how long you have used our services.

We will also collect information about the computers and devices that you use to access the services, including IP address, browser type, language, operating system or mobile device information (including device and application characteristics), previously visited website, locations (depending on the permissions you grant us) and cookie information.

Most of MyoSwiss’ services are based on data collected from our products. For example, to open a user account, we will collect data for which we must obtain your consent to collect or process it (e.g. medical condition). This consent will be obtained separately for each service that processes data for which explicit permission is required.

Data that we receive from you is used for the following purposes:

• PROVIDE AND MAINTAIN MYOSWISS’ SERVICES: Using the information that we collect we can provide you with personalized service and fulfill our Terms of Use Agreement with you. For example, we need your information to provide you with your progress while training and to provide customer support to you.
• IMPROVE, PERSONALIZE, AND DEVELOP MYOSWISS’ SERVICES: The information we collect is used to improve and personalize the services and to develop new services. For example, we use information to correct and protect against errors, to perform data analysis, tests, research and studies, and to develop new features and services.
• TO COMMUNICATE WITH YOU: We use your information when necessary to send you service notifications and to respond when you contact us. We also use your information to promote, where applicable, new features or products that may be of interest to you. You will have the opportunity to control marketing communications, where applicable, and most service notifications. To do so, follow the unsubscribe instructions in each e-mail message. E-mails related to services (e.g., purchase confirmation) generally do not provide an option to unsubscribe because they are necessary to provide the requested service. Such e-mails also include notifications of changes to our privacy policy and terms of use.

If you only subscribe to the MyoSwiss newsletter, we will only ask for your e-mail address and whether you agree to receive our newsletter.

If you wish, you can also pass on information from MyoSwiss services to systems or services offered by third parties. However, MyoSwiss is not responsible for information that is transmitted to other places or for the accuracy of information outside our system. The data security and data protection practices of the service provider concerned apply to such information.

Your privacy is our top priority. Your personal data will never be passed on without your separate consent, unless this is necessary to process your order or to execute your request. We do not sell the personal data of our users. Apart from the limited fields of application listed above, we will not pass on or transmit your personal data to anyone else.

For statistical purposes, MyoSwiss may provide anonymized statistical information about its customers, sales, traffic types, training information, and similar website information to reputable third parties. These statistics contain no identifiable personal data.

IF YOU AGREE OR INSTRUCT US TO PASS ON INFORMATION

You can instruct us to pass on your data to others. However, we are not responsible for the ability of the third party’s system to process the data in the format used for transmission.

FOR EXTERNAL PROCESSING

We may transmit data to our group companies, service providers, and other partners who process the data on our behalf. This is done based on our instructions and in accordance with our privacy policy notice and any other confidentiality and security measures appropriate to the application.

FOR LEGAL REASONS OR TO AVOID DAMAGES

We may store or transmit your information to comply with any law, regulatory requirement, legal process or governmental request; to enforce or defend against legal claims; and to investigate illegal activities, fraud, abuse or violations of our Terms and Conditions or threats to the security of the services or the physical safety of any individual.

Please note that, in accordance with our Information Policy, unless prohibited by law, we will notify you about legal procedures that may require access to your information, such as search warrants, court orders or subpoenas. In cases where a court order imposes a period of confidentiality, we will inform you after the expiration of this period. Exceptions to our information policy apply in the event of compelling or counterproductive circumstances, such as an emergency involving the risk of death or serious injury to a person.

We may disclose non-personal information that is aggregated or unidentifiable (or non-identifiable), i.e., that does not allow an individual to be identified. We may publish and share such information with third parties, for example, for public reports on training and activities.

If we are involved in a corporate merger, acquisition or sale of assets, we will continue to take steps to ensure the confidentiality of personal information. We will notify affected users before personal information is transferred to a new entity.

You have the right to request information at any time as to whether your personal data is being processed by MyoSwiss. You can do this through your trainer/therapist or, if necessary, our customer service can support you and provide you with a copy of the personal data we have about you. You have the right to know what data has been collected about you, what this data is used for, and which parties, if any, have been informed. In order to verify your identity for processing your request, we may need to request additional information.

In cases where your personal data is incorrect or incomplete, you have the right to request correction or to have additional explanations considered. Please contact our customer service or your trainer/therapist with your request for correction.

You have the right to object to the processing of your personal data at any time for reasons arising from your situation. MyoSwiss takes this right of objection very seriously and will check whether one of the relevant legal bases is relevant and, if necessary, refrain from further processing of your data. Furthermore, we will check whether there is an exceptional case in which MyoSwiss’ interests in processing outweigh the interests of MyoSwiss, e.g. for compelling reasons worthy of protection. This plays a role in our research and development activities, as we want to continuously develop and improve our services for our customers. The data used in our research and development work is anonymous and cannot be linked to you. The processing of anonymized data is an essential prerequisite for the optimization and innovative development of our services. An objection to the processing of your personal data for the purpose of direct advertising is always possible. MyoSwiss does not pass on mailing lists to third parties for advertising purposes.

You have the right to have your data deleted, either by contacting your trainer/therapist in the MyoSwiss Services or by sending a request to our customer service. If you wish to have your data deleted, we will delete your user data and all information and data concerning you. This includes data in all MyoSwiss’ services that you have used (e.g. Myosuit and support services). The deleted data cannot be retrieved again. After we have deleted your data, you can only use the service again by creating a new user account. Furthermore, MyoSwiss is aware of its obligation to delete personal data immediately in cases where this is required by law.

In some of our services, we are required to obtain your consent. We only do this in cases where it is necessary for the provision of the service. You have the right to withdraw your consent at any time. Consent can be revoked by sending a request to our customer service. Please note that for some services the revocation of consent prevents us from providing the service to you. Furthermore, for persons under 16 years of age, consent from the holder of parental responsibility is required.

You have the right to receive your data from MyoSwiss’ systems in a machine-readable format, and you are also entitled to transfer this data to another controller, provided that the legal basis for the processing of your data is based on your consent or on a contract and that the processing is carried out using automated procedures.

You have the right to request a restriction of the processing of your personal data in the cases provided for by law. If the legal requirements are met, your data will not be deleted, but we may only process it to a very limited extent.

If you suspect misuse of the data or believe that your rights under data protection law have been violated, you can lodge a complaint with the data protection officer or the data protection authority.

There are always risks involved in providing personal information, whether in person, over the phone, over the Internet, or using other technologies, and no system is completely tamper-proof or protected from hackers. We make every effort to ensure the security of your information. To this end, we take technical, administrative and physical precautions to prevent unauthorized access to and misuse of your personal information. For example, MyoSwiss uses encryption and firewall technologies when collecting personal data. We use industry-standard security measures, such as SSL authentication, to ensure that personal data that is transmitted is adequately protected against access by third parties.

MyoSwiss’ services can be provided using resources and servers in different countries. Therefore, your data may be processed outside the country in which the service you are using is provided, including countries outside the EEA where data protection may not comply with EU’s requirements. If you register for a service that requires data to be transferred to another country for processing, we will ask for your consent to the transfer. When transferring data, we comply with all relevant laws to ensure adequate data protection. If your personal data is transferred to countries outside the EU or EEA (so-called “third countries”), MyoSwiss will check whether there are any adequacy decisions by the European Commission which assume an adequate level of data protection in these countries (e.g. Switzerland). Data transfers to other third countries are only made based on the standard data protection clauses drafted by the European Commission or with the express consent of the person concerned. If data is transferred, it is only for the purpose of providing the service. Your data will not be disclosed to third parties and will not be passed on to them.

In accordance with the principles set out above, your data may be passed on to, or access may be granted to, subcontractors of MyoSwiss who perform tasks relating to MyoSwiss’ services. Our subcontractors are not authorized to use the personal data for other purposes and the services of MyoSwiss subcontractors are always subject to a confidentiality clause.

We want to keep our database up to date and only store personal data for as long as it is necessary, to fulfil the purpose for which it was collected, or as required by law.

MyoSwiss AG

Hardturmstrasse 135

8005 Zürich

Switzerland

support@myoswiss.com

Switzerland: +41 (0)43 215 27 15

Germany: +49 3494 6579 180

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