Privacy policy

Article 1 - INTRODUCTION

At be.care, data protection is our priority. be.care SA is convinced that transparency is the key to any healthy relationship. We appreciate the confidence you express by entrusting us with data that are important to you. In return, we must be perfectly transparent about how we use them.

This privacy policy gives you an overview of how your data is processed by be.care SA It applies to all websites and applications, as well as to other services and services provided by be.care SA

It has been written to expose our customers and users to  :

  • The way their personal data are collected and proccessed. Must be considered as a personal data any data information relating to an indentified or identifiable individual. It is in particular by reference to the firstname and the lastname, age, postal address, email, user localization or its IP address ;

  • What are the users' rights regarding this data ;

  • Who is responsible for processing the personal data collected and processed ;

  • To whom these data are sent ;

  • The current cookies policy.

This privacy policy is an addition to the legal notice and the terms and conditions that users may access from our website.


Article 2 - CONTACT US

Should you have any questions, suggestions or concerns about our use of your data, or if you wish to exercise any of your rights, please contact our Data Protection Officer at: data-compliance@becare.swiss.

You can also contact us by post at the following address:

be.care SA
Ch. du Closel 5
CH – 1020 Renens


Article 3 - GENERAL PRINCIPLES OF DATA COLLECTION AND PROCESSING

In accordance with the provisions of Article 5 of the European Regulation 2016/679 as well as the Federal Data Protection Act, the collection and processing of user data complies with the following principles  :

  • Licitness, fairness and transparency: data may only be collected and processed with the consent of the user who owns the data. Whenever personal data is collected, the user will be informed that his or her data is being collected, and for what purposes his or her data is being collected;

  • Limited purposes: the collection and processing of data is performed to fulfill one or more purposes determined in theseTerms and Conditions of Use;

  • Minimization of data collection and processing: only the data necessary for the proper execution of the purposes pursued by the site are collected;

  • Data retention reduced in time: data is retained for a limited period of time, of which the user is informed;

  • Integrity and confidentiality of collected and processed data: the data controller undertakes to guarantee the integrity and confidentiality of the data collected.

Your consent is given by checking the “I agree” box when you perform actions that give us access to your data, e.g. when you link your device to your account, whether you give us access to data about your physical exercise or activity from another service.

You may modify or revoke your agreement at any time. You can withdraw your consent at any time by changing your account settings. Withdrawal of consent does not, however, affect the legality of the processing carried out prior to revocation.

The data you enter on our Services are stored on secure datacentes in France.

be.care SA uses the data for several purposes, particularly to provide and improve its Services, to communicate with you and secure the use of our Services. These objectives are explained in item 2.

In order to be lawful, and in accordance with the requirements of Article 6 of the European Regulation 2016/679, the collection and processing of personal data may only take place if it complies with at least one of the conditions listed below  :

  • The user has expressly consented to the processing;

  • The processing is necessary for the proper performance of a contract;

  • The processing and collection of personal data is necessary for the purposes of the legitimate and private interests pursued by the controller or by a third party.


Article 4 - COLLECTED AND PROCESSED PERSONAL DATA

4.1 - PERSONAL DATA

To register and access our Services we ask you to provide us with the following data: your surname, first name, email address and password.

For the use of our services, we collect during the check-up phase using your sensor data on your heart rate variability (LF/HF/RR).

To improve your experience and obtain a more customized analysis, you must provide us with additional data, such as your date of birth, gender, height and weight. We ask you to answer contextualization questions related to your status during your last check-up, last training and your environment.

You can also choose to provide other types of data such as a profile photo, your nationality and your user name within the applications.

4.2 - CARD PAYMENT DATA

As access to our products and services is billed, payments and transactions are made with the assistance of organizations independent of be.care SA. If you purchase a product via our website, you must provide your payment information such as your surname, first name, credit or debit card number, expiry date of your card, CVV security code, billing address and delivery address. However, we retain your delivery address to fulfill your order. Please note that third party payment agencies may retain such data in accordance with their own privacy policies and Terms and Conditions.

These data are encrypted and sent to your card issuer who, after approval, sends to your device an alias, which is a series of random figures that allows you to carry out transactions without disclosing your card number. For your convenience, the last four digits of your card number and the name and contact information of the card issuer are kept for possible future purchases.

4.3 - DATA RELATED TO THE USE OF OUR SERVICES

4.3.1 - Device data

Your device collects data to estimate various parameters such as the number of steps you are doing, the distance you are traveling, the number of calories burned, your heart rate, your sleep phases, your activity timing in minutes and your location. The data collected vary depending on the device you use. When your device synchronizes with our applications or software, the data stored on your device are transferred from your device to our servers.

4.3.2 - Geolocation data

Our Services include functions that use accurate geolocation data including GPS signals, device sensors, Wi-Fi access points, and mobile phone relay antenna identifiers. We collect this type of data if you allow us access to your location through the settings of your application or smartphone. You can at any time take back our access using the settings of your application or smartphone.

4.3.3 - User data

We collect user data whenever you access or use our Services. These include data relating to your interaction with the Services such as when you view or search for content, when you install applications or software, when you create an account or when you connect to it, when you link your device to your account or when you open or interact with an application on your device.

We also collect data about the devices and computers you use to access the Services including IP addresses, type of browser, language, operating system, name and version of the sensor you use or mobile device (including application and device identifiers), reference web page, pages visited, location (depending on the authorizations you have given us), and cookie data.


Article 5 - PURPOSE OF DATA PROCESSING

be.care SA uses the data for several purposes, particularly to provide, maintain, improve and develop its Services, to communicate with you and ensure the security of use of our Services. These objectives are explained below.

We may also need your personal data to meet legal obligations or as part of the commercial relationship with you.

When we collect and use your personal data for the purposes mentioned below or for any other request, we will inform you before or at the time we collect them.

We request your consent to process your personal data. If you have given your consent for processing of your personal data, you have the right to withdraw this consent at any time.

5.1 - Provision and maintenance of our Services

By using the data we collect we are able to provide you with the Services in accordance with our Terms and Conditions, in particular to give you access to our Services and assistance in keeping with our commitments to you.

We use the information we collect to provide and improve the Services and develop new ones. For example, we use this information to provide support in the event of a problem and protect you from errors; perform data analysis and testing; conduct research and develop new functions and Services. Personal data such as your height, weight, gender, age, RR, LF, HF data, contextualization data from your latest training session and your environment enable us to improve the accuracy of your physiological status statistics.

5.2 - Improvement, development and customization of our Services

The data we collect to improve our Services and develop new services are used to perform data analyses, tests to conduct research, and to develop new functions and services. As a precautionary measure these data are anonymized.

By using your data we are also able to provide you with ever more customized recommendations and remedies, thus more accurately meeting your physiological needs.

5.3 - Customized communication

We use your information when it is necessary to provide you with information, send you notifications about the Services, to manage your registration, to authenticate you when you contact us by telephone, email or through our customer service or otherwise.

To better understand and assess the points of interest and wishes of consumers and the changes they need, with a view to improving our websites/applications and Services, and/or developing new products and services.

We also use your information to inform you about new functions or products we think may be of interest to you.

You can control commercial communications and most notifications relating to our Services using notification preferences in your account settings or through the “Unsubscribe” link in an e-mail.

5.4 - Promotion of security

The data we collect is necessary to ensure the security of our Services, our users and third parties, particularly to authenticate users, facilitate secure payments, protect them against fraud and abuse, respond to legal requests or complaints, conduct audits, and apply our Terms and Conditions, and policies.

We use a variety of security tools that we regularly improve. These measures particularly include encryption and authentication tools. We also require the use of a secure server when you access data.

Processes related to inCORPUS® applications and services are designed and applied to adequately protect your personal information, taking into account the sensitivity and use of this information.

Nevertheless, these security measures may not prevent all loss, misuse or alteration of personal information provided to be.care SA, and be.care SA is not responsible for any damage or liability associated with such security failures.

By using our Services, you understand that there is a risk that data and communications, including e-mails and other electronic communications, may be accessed by unauthorized third parties when communicated on the Internet. The above does not affect liability that cannot be excluded or limited under the applicable law.

If you have any questions or concerns regarding the security measures applied to the collection, use or disclosure of your personal information, please send an e-mail to  : data-compliance@becare.swiss.


Article 6 - DATA SHARING

We do not disclose your personal data except under the limited circumstances described in this document.

When we share your personal data with our subsidiaries, parent company or subcontractors, we ensure that we do so only with organizations that have a major system for the security of your data and their storage and that comply with privacy laws under conditions equivalent to those with which we comply.

Your personal data are not shared, sold, leased or disclosed for purposes other than those described in the Policy. We may, however, disclose your data for purposes other than those provided for in the Policy in cases where legal and government authorities require them.

6.1 - External data processing

We transfer the data to our affiliates, service providers and other partners who process it for us by following our instructions, in accordance with this privacy policy and all customary security and confidentiality measures. These partners provide global services including customer support, information technology, payments, sales, marketing, data analysis, research and investigations. They are located in Switzerland, the European Economic Area and the United States.

6.2 - Disclosure of data for legal reasons or to prevent harm

By way of exception, we may be forced to disclose data about you to comply with legal constraints, judicial proceedings or a request from public authorities. The anonymity of the data thus provided will be preserved as much as possible.

However you authorize us to share data that are not personal or that are made anonymous so that they cannot be used to identify a particular person. Such data may be used in particular for statistical purposes, as well as for periodic evaluation reports for scientific purposes.

6.3 - Analysis and advertising services provided by third parties

We work with partners who provide analysis and advertising services. This includes helping us understand how users interact with the Services, delivering advertisements on our behalf on the Internet and measuring the performance of these advertisements. These companies may use cookies and similar technologies to collect data about your interactions with the Services and other websites and applications. For more information and information about our privacy choices, please refer to our statement on the use of cookies.


Article 7 - DATA RETENTION

In accordance with applicable data protection regulations, your personal data are stored only for the purpose and for the duration necessary for processing. If the data are no longer required to comply with contractual or legal obligations (such as the retention obligation), we regularly delete it.


Article 8 - PERSONAL RIGHTS

8.1 - Access to data

On applications, you have account settings that allow you to access and control your personal data at any time, regardless of where you live.

8.2 - Return of personal data

You have the opportunity to request the return of your personal data at any time and to know the data that has been collected about you. This possibility can be exercised via the settings of the applications.

8.3 - Modification and deletion of data

You have the option at any time to modify your personal data in the settings of your account. Please note that the modification of some of your personal data may alter the analytical results of your physiological status.

You can ask us to delete your personal data by writing to us at data-compliance@becare.swiss. We will take the necessary measures to meet your request in accordance with legal requirements. Please note that the deletion of your data may take a few days.

8.4 - Filing a complaint

You can also file a complaint with your local data protection authority or with the Swiss Federal Data Protection and Transparency Prefect, Feldeggweg 1, CH-3003 Bern, Telephone: +41 (0)58 462 43 95 (Monday to Friday, 10 a.m. to 12 noon) Fax: +41 (0)58 465 99 96.

Should you have any further questions about your rights, please contact our Data Protection Officer at: data-compliance@becare.swiss.


Article 9 - CONCERNING MINORS

Minors are not allowed to create an inCORPUS® account without the consent of their parents.


Article 10 - INTERNATIONAL TRANSFERS

be.care SA is a Swiss company and processes data in Switzerland. The data are stored in Europe and therefore transfers are made between the European Economic Area and Switzerland.

By checking the “I agree” box at the bottom of this document, you agree that your data collected by us may be collected, stored, used and/or processed outside your country of residence in accordance with the legal rules in force and the principles set out in this document.


Article 11 - COOKIES

We use certain cookies when you are on our websites and web applications. These cookies are necessary for the operation of the site in order to improve your user experience and some cookies are used to obtain statistics in order to optimize the performance behavior of our platform.

More information is provided in our Cookies Policy.


Article 12 - CHANGES TO OUR PRIVACY POLICY

This privacy policy can be viewed at any time on our website.

The Data Protection Officer reserves the right to modify it in order to ensure its compliance with the applicable law.

Therefore, the user is invited to come and consult this privacy policy on a regular basis in order to be informed of the latest changes made to it.


Article 13 - USER'S ACCEPTANCE OF THE PRIVACY POLICY

By browsing the site and/or using the services of the company be.care SA, the user certifies that he/she has read and understood this privacy policy and accepts its conditions, more specifically with regard to the collection and processing of his/her personal data.