Data Protection Statement

 

Collection of Personal Data

Thank you for choosing to use the iNAP System and the iNAP Lab+ app. In order for you to be able to use the iNAP Lab+ app effectively, we need to collect some personal data, including personal health data. This page is designed to inform you of the data that we collect, what we do with the data, and your rights under the EU General Data Protection Regulation (GDPR). In accordance with Article 6(a) and Article 9(2)(a) of the GDPR, we will only collect your personal data if you specifically consent to its collection and processing at the end of this statement.

 

Purpose of Data Collection

We collect personal information in the iNAP Lab+ app in order to provide you, and your treating physician with information and analyses regarding your use of the iNAP System. Your contact data may also be collected and processed in order to allow your authorized Somnics distributor to more easily provide you with iNAP System supplies.

Type of Data Collected.

When you use the iNAP Lab+ app for the first time, you will be asked to enter certain personally identifiable information, including but not limited to:

-        Name

-        Contact details (address, telephone no., email)

-        Location

-        Birthdate

-        Weight

-        Height

-        Data of the iNAP console(s) connected to the app

The app may also collect information regarding your location when you use a mobile phone to upload data from the app to our server. If there is an error in the app while you are using it we may also collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol("IP") address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.

This Service does not use these "cookies" explicitly. However, the app may use third party code and libraries that use "cookies" to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

 

Data Controller and Processors

The Controller in charge of data collection and processing within the meaning of Article 4 of the GDPR is:

 

Somnics Inc.
5F, No. 22, Sec. 2

Shengyi Road

Zhubei City, Hsinchu County

30261

TAIWAN

 

The Controller's representative in the EU within the meaning of Article 27 of the GDPR is:

 

Somnics GmbH

Stichlingstrasse 1
60327 Frankfurt am Main
GERMANY

 

 

Your Rights under the GDPR

 

As a data subject under the GDPR you have the following specific rights regarding the collection and processing of your personal data:

 

- Right of access (Article 15)

You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling and at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.

- Right to rectification (Article 16)

You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed.

- Right to erasure ("right to be forgotten" - Article 17)

You have the right to obtain from the controller the erasure of personal data concerning you if:

-       the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

-       you withdraw your consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and there is no other legal ground for the processing;

-       you object to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2);

-       the personal data have been unlawfully processed;

-       the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

- Right to restriction of processing (Article 18)

You have the right to obtain from the controller restriction of processing your personal data where one of the following applies:

-       you contest the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;

-       the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

-       the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;

-       you have objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override your grounds.

- Right to be informed (Article 19)

If you have asserted the right of rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate to each recipient to whom the personal date has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.

- Right to data portability (Article 20)

You shall have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.

- Right to withdraw a given consent (Article 7(3))

You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

- Right to lodge a complaint (Article 77)

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

 

TRANSFER OF DATA TO THIRD COUNTRIES

 

The app uses third-party services that may collect information used to identify you. We use these service providers for the following reasons:

We want to inform you that these third parties have access to some or all of your personal information stored in the app. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated by contract with the controller not to disclose or use the information for any other purpose.

In accordance with Article 49 of the GDPR, we herewith inform you that the controller intends to transfer collected personal data for the purposes of storage and processing to a recipient or recipients in a third country outside of the European Union that is not subject to an adequacy decision by the EU Commission and does not guarantee the same level of data protection as the European Union. While the controller will use its best efforts to ensure adequate data protection for your personal data, as a result of this transfer, there is a possibility that you may not be able to fully exercise your rights under the GDPR as outlined above. By consenting to this Data Protection Statement, you specifically also consent to the transfer of your data to such third country.

Here are links to the privacy policies of third-party service providers used by the app:

 

CONTACT INFORMATION AND SUPERVISORY AUTHORITY

 

Complaints and requests in connection with the protection of your personal data should be directed to:

 

Somnics GmbH

Data Protection Officer

Stichlingstrasse 1
60327 Frankfurt am Main
GERMANY

Tel.: +49-69-2400 3626

Fax: +49-69-2400 3627

E-mail: it.support@somnics.com

 

 

The supervisory authority responsible for the controller's representative in the EU is:

 

Der Hessische Datenschutzbeauftragte

Gustav-Stresemann-Ring 1, D-65189 Wiesbaden

Postfach 31 63

65021 Wiesbaden

GERMANY

Tel.: +49-611/1408-0

Fax: +49-611/1408-900

E-Mail: poststelle@datenschutz.hessen.de

 

 

STORAGE DURATION OF PERSONAL DATA

 

Personal data collected and processed in connection with the iNAP Lab+ app will be stored until you revoke your consent. If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Article 6(1)(b) of the GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if the controller no longer has a justified interest in further storage.

 

Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.

 

Links to Other Sites

The app may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the privacy policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

 

Editing and Deleting Data.

By logging into your account and using your account info, you can change and delete your personal information. For instance, you can edit or delete the profile data you provide and delete your account if you wish. If you choose to delete your account, please note that all of your information and records will be deleted immediately, like the data recorded by your iNAP device and other data stored in our cloud systems.

 

CONSENT TO COLLECTION AND PROCESSING OF PERSONAL DATA

I consent to the collection of my personal data, including personal health information, as outlined above, in connection with the use of the iNAP Lab+ app. I understand my rights under the GDPR, and consent specifically to the transfer of my personal data to third countries outside the EU for the purposes outlined above.