Datenschutzerklärung

Privacy Policy

Personal data (usually referred to just as „data“ below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the „GDPR“), „processing“ refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:

I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing

I. Information about us as controllers of your data

The party responsible for this website (the „controller“) for purposes of data protection law is:

WaveMed
Hainbachg. 38
A-1140 Vienna
AUSTRIA
EU

email: privacy@vayou.app

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

• to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
• to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
• to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
• to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
• to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller’s future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Cookies

a) Session cookies

We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.

This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.

The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

When you close your browser, these session cookies are deleted.

b) Third-party cookies

If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.

Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

c) Disabling cookies

You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

Newsletter

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Contact

If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.

The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.

Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.

User posts, comments, and ratings

We offer you the opportunity to post questions, answers, opinions, and ratings on our website, hereinafter referred to jointly as „posts.“ If you make use of this opportunity, we will process and publish your post, the date and time you submitted it, and any pseudonym you may have used.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR. You may revoke your prior consent under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.

In addition, we will also process your IP address and email address. The IP address is processed because we might have a legitimate interest in taking or supporting further action if your post infringes the rights of third parties and/or is otherwise unlawful.

In this case, the legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in any legal defense we may have to mount.

Google Analytics

We use Google Analytics on our website. This is a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at

https://policies.google.com/technologies/partner-sites?hl=en

including options you can exercise to prevent such use of your data.

In addition, Google offers an opt-out add-on at

https://tools.google.com/dlpage/gaoptout?hl=en

in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics‘ JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

Facebook plug-in

Our website uses the plug-in of the Facebook social network. Facebook.com is a service provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. In the EU, this service is also operated by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, hereinafter both referred to as „Facebook.“

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

Facebook guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website.

Further information about the possible plug-ins and their respective functions is available from Facebook at

https://developers.facebook.com/docs/plugins/

If the plug-in is stored on one of the pages you visit on our website, your browser will download an icon for the plug-in from Facebook’s servers in the USA. For technical reasons, it is necessary for Facebook to process your IP address. In addition, the date and time of your visit to our website will also be recorded.

If you are logged in to Facebook while visiting one of our plugged-in websites, the information collected by the plug-in from your specific visit will be recognized by Facebook. The information collected may then be assigned to your personal account at Facebook. If, for example, you use the Facebook Like button, this information will be stored in your Facebook account and published on the Facebook platform. If you want to prevent this, you must either log out of Facebook before visiting our website or use an add-on for your browser to prevent the Facebook plug-in from loading.

Further information about the collection and use of data as well as your rights and protection options in Facebook’s privacy policy found at

https://www.facebook.com/policy.php

YouTube

We use YouTube on our website. This is a video portal operated by YouTube LLC, 901 Cherry Ave, 94066 San Bruno, CA, USA, hereinafter referred to as „YouTube“.

YouTube is a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as „Google“.

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google and its subsidiary YouTube guarantee that they will follow the EU’s data protection regulations when processing data in the United States.

We use YouTube in its advanced privacy mode to show you videos. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website. According to YouTube, the advanced privacy mode means that the data specified below will only be transmitted to the YouTube server if you actually start a video.

Without this mode, a connection to the YouTube server in the USA will be established as soon as you access any of our webpages on which a YouTube video is embedded.

This connection is required in order to be able to display the respective video on our website within your browser. YouTube will record and process at a minimum your IP address, the date and time the video was displayed, as well as the website you visited. In addition, a connection to the DoubleClick advertising network of Google is established.

If you are logged in to YouTube when you access our site, YouTube will assign the connection information to your YouTube account. To prevent this, you must either log out of YouTube before visiting our site or make the appropriate settings in your YouTube account.

For the purpose of functionality and analysis of usage behavior, YouTube permanently stores cookies on your device via your browser. If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.

Further information about the collection and use of data as well as your rights and protection options in Google’s privacy policy found at

https://policies.google.com/privacy

MailChimp – Newsletter

We offer you the opportunity to register for our free newsletter via our website.

We use MailChimp, a service of The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318, USA, hereinafter referred to as „The Rocket Science Group“.

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active

the Rocket Science Group guarantees that it will follow the EU’s data protection regulations when processing data in the United States. In addition, the Rocket Science Group offers further information about its data protection practices at

http://mailchimp.com/legal/privacy/

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be processed by The Rocket Science Group. In addition, your IP address and the date and time of your registration will be saved. During the registration process, your consent to receive this newsletter will be obtained together with a concrete description of the type of content it will offer and reference made to this privacy policy.

The newsletter then sent out by The Rocket Science Group will also contain a tracking pixel called a web beacon. This pixel helps us evaluate whether and when you have read our newsletter and whether you have clicked any links contained therein. In addition to further technical data, such as data about your computer hardware and your IP address, the data processed will be stored so that we can optimize our newsletter and respond to the wishes of our readers. The data will therefore increase the quality and attractiveness of our newsletter.

The legal basis for sending the newsletter and the analysis is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Jetpack – WordPress Stats

Our website uses Jetpack with the WordPress Stats extension. This is a web analysis service provided by Automattic Inc, 132 Hawthorne Street, San Francisco, CA 94107, USA, hereinafter referred to as „Automattic“.

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active

Automattic guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

The Jetpack: WordPress Stats services is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

Jetpack: WordPress Stats stores cookies on your device via your browser in order to analyze how you use our site.

Data such as your IP address, the pages you visit, the website from which you came (referrer URL), the duration of your visit, and the frequency of your visits will be processed. The data collected will be stored on an Automattic server in the USA. However, your IP address will be made anonymous immediately after processing and before it is stored.

If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.

Shariff social media buttons

Our website uses the plug-ins of the following social networks. To integrate these plug-ins, we use the Shariff plug-in.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website.

Shariff is an open source program developed by c’t and heise. By integrating this plug-in, linked graphics prevent the following social network plug-ins from automatically establishing a connection to the respective social networks server when you visit website(s) on which the plug-ins are integrated. Only if you click on one of these linked graphics will you be forwarded to the service of the respective social network. Only then will information about your use of our site be recorded by the respective social network. This information may include your IP address, the date and time you visited our site, as well as the pages you viewed.

If you are logged in to one of the social network services while visiting one of our plugged-in websites, the information collected by the plug-in from your specific visit will be recognized by the provider of that social network and assigned to your personal user account there and/or publish information about your interaction with our site there. If, for example, you use the a share button for the social network, this information may be stored in your user account there and published on the platform of the respective social network provider. To prevent this, you must either log out of the social network before clicking the graphic or make the appropriate settings in your social network account.

Further information about Shariff is available at http://www.heise.de/ct/artikel/Shariff-Social-Media-Buttons-mit-Datenschutz-2467514.html

The following social networks are integrated into our website:

Google+ operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, California, 94043, USA.
Privacy information is available at https://policies.google.com/privacy
Through certification according to the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active 
Google guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

Facebook operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA, operated within the EU by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland.
Privacy information can be found at https://www.facebook.com/policy.php
Through certification according to the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
Facebook guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

Twitter operated by Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA.
Privacy information can be found at https://twitter.com/privacy
Through certification according to the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active
Twitter guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

VaYou – the App

For the purpose of realtime biofeedback the App VaYou anonymously uses accelerometer data exclusively to detect respiratory pattern, heart rate and heart rate variability. The App stores solely on the users device when and with which iPhone or iPod touch and which operating system version the mentioned data were generated. When provided by the user additionally stored data are user ratings and comments per VaYou session. All the mentioned data is neither sent nor stored externally, but stored only on the personal iPhone or iPod touch – this unlimited in time. No other app or service can access it. (The data of each app is protected against access by other apps.) If the App is deleted all data will be deleted as well. The user can voluntarily decide to send the mentioned data anonymously to the developers for the sole purpose of refining the App and its services. When this option is enabled there is only the completely anonymous „Vendor-ID“ associated with the data.

The user can voluntarily decide to share (via standard iOS sharing services) the data he generated with the App VaYou. When he/she does so, the only data that can be shared are the ones which were generated by the user with the analysis algorithms of VaYou. These data are respiratory rate, inspiration to expiration time ratio, abdominal respiration/breath curve and heart rate as registered on the abdomen, No other data than these VaYou specific data can be shared. Especially no Apple Health data can be shared because the app VaYou has no read permission on any of the Apple Health data.

For the use of the VaYou App no registration or external storage of personal data is necessary or intended. VaYou does not collect information about the user, including information that directly or indirectly could identify a user. We do not receive information of various kinds, including when and in which manner our App is used. VaYou does not collect any information about how the App is used.

VaYou integrates Apple Health – just for storing data if you wish. When you want your VaYou session-data to be stored within Apple Health, you can give the VaYou app permission to store the following data: respiratory rate, resting heart rate (iOS11+) and mindful minutes. You can change this setting at any point in  time via iOS Settings. VaYou is only storing data on your device and is never reading or using any of your data the user has stored in Apple Health.

The above described privacy conscient handling of all Your data complies with VaYou’s primary goal:
to connect You with Yourself by Yourself.