1. DATA TO BE OBTAINED
We care about you and want to protect your data. We may collect and process the following data about you:
• Personal data containing your name, e-mail address, password, and phone number, data about your usage of the Products, data you offer in connection with your usage of the Products, and data retrieved by tracking technologies as further described in section 4 below that may identify you as an individual or allow online contact with you as an individual.
• DuoPulse does not obtain or process credit or debit card (“Payment Card”) data. Apple and Google collect Payment Card data with respect to in-app buying made through the Apps, and our payment processor gathers Payment Card data with respect to purchases made through the Websites. The payment processors generally give us some partial data linked to you, such as an exclusive, anonymous token that allows you to make additional purchases using the data they’ve saved, and your card’s type, expiration, address, and the last four digits of your card number.
• For users using the Products in association with a company account as described in section 6, business data such as your company name and company email address to the extent that you or your company provides such information.
• Facebook information, such as name, email address, Facebook link, if you choose to log in to the Products through Facebook.
• Device information such as operating system version, device type, and system performance data.
• Data gathered using tracking technologies, as completely described in section 4.
2. HOW DATA IS USED
In order to provide you with the best possible service, we process your information in the following ways:
• To give you the Products.
• To answer your inquiries or needs for data and handle your complaints.
• To confirm that content delivered by the Products is accessible in the most functional manner for you and for your devices.
• To offer you with promotional messages, such as email, to the extent that you have given agreement and/or conforming with warning and any opt-out privileges to receive such messages under applicable law.
• To implement our commitments arising from any contracts entered into between you and us.
• To enable you to join in any interactive features of the Products, when you choose to do so.
• To inform you about updates or variations to Product features and content.
• To recognize your general, non-specific topographical location to help us identify individuals by common geographic indicators such as zip code, state or country.
• To justify relevant sales taxes based on zip codes given to our payment processors for items bought through the Website.
• To notify Partners about your registration and use of the Products as described under section 7.
• To assist our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided approval and/or conforming with warning and any opt-out privileges for such uses under applicable law.
• To offer you with the SMS Service to the extent that you have provided agreement for such methods under applicable law.
• To oversee your payments and purchases.
• If you are a current user, we will only contact you by electronic means (e-mail or in-Product communication) with data about products and services similar to those which were the subject of a former sale to you, except if you do not agree with, or opt-out to such memos.
3. SECURITY AND CONFIDENTIALITY
Your information is safe with us. We take confidentiality and security seriously and have implemented various measures to protect your data. Rest assured that we will never share your information with anyone without your explicit consent. We obey generally accepted standards to protect the personal information provided to us, both during transmission and once it is collected. If you have any questions about the security of your personal data, you can contact us at firstname.lastname@example.org. We will not provide your personal data without a specific consent from you as required by law, except as outlined under the “Disclosure of Your Data” section below. DuoPulse upholds technical, administrative and physical protections to help shield the security of your personal information against unauthorized access, destruction, loss, alteration, misuse or disclosure. Your personal data is accessible to only a limited number of personnel who need access to the information to perform their obligations. Please note, however, that no method of transmission over the Internet or method of electronic storage is 100% safe.
4. ELECTRONIC COMMUNICATIONS AND MESSAGES
We’ll use the data you give us to provide promotional materials that are relevant. If at any point while receiving email updates from us, including push notifications or communications via our website (or those of partners), you can unsubscribe from our emails by emailing us or clicking “unsubscribe” at the bottom of any promotional message or by emailing us at email@example.com. You can stop receiving push notifications by turning them off at the device level. If you’ve given us your phone number for this specific purpose, we will send an SMS message (the “SMS Service”) with links to our apps and standard text messaging rates apply. We'll work to comply with your request as soon as reasonably possible. We understand that you may not want some of the emails we send out, but it's important for us to provide customers like yourself with information on their orders and other transactional email messages.
5. TRACKING TECHNOLOGY
DuoPulse and our analytics partners use technologies like cookies, beacons and tags to help us recognize your device so you don't have to provide the same data several times during one task. When you visit our website, we use technologies to remember your session so that it's easier for you next time around. This way when browsing our website or using any of our Product’s features there won't have been an extra step for you.
We utilize local storage, such as HTML5, to store data and preferences. Third parties with whom we partner to offer certain features on the Products also use HTML5 to obtain and save data. Several browsers may provide their own management tools for removing HTML5.
With our mobile analytics software, we can better understand the functionality of your phone's current operating system and we are able to optimize our software for a better user experience. With this software, you'll be able to keep track of your usage and performance with the app on your devices, as well as how often you use the Products, events within the Products, aggregated usage, and where the apps were downloaded from. We may link the data we store within the analytics software to any personal data you submit within the mobile application.
Our website, as with all websites, is full of technical data that we gather and store automatically. This includes Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We want to make sure that you see all the great deals we have in store for our valued customers. That's why your browser is automatically opened and saved so when it comes time for another newsletter, everything from clicking on links will be recorded. These numbers provide a glimpse into the popularity of our content, which helps us make decisions about future content.
6. WHERE PERSONAL DATA IS STORED
All the information you give to us through the Products is stored on our secure servers located in the US. Any purchase transactions will be encrypted using SSL technology; all payment data is stored with our payment processor and is never stored on DuoPulse’s servers. Where we have provided (or where you have chosen) a password which allows you to use certain parts of the Products, take care to keep this password confidential. We ask that you not share it with anyone, and suggest changing passwords frequently so as best protect yourself.
Unfortunately, the transmission of data via the Internet is not completely secure. We want you to know that we take your privacy seriously. We will do everything in our power, within the boundaries of law and ethical practice as a company. We will use strict procedures and security features to try to prevent unauthorized access.
7. CORPORATE AND COMPANY SHARING
Sometimes corporations and other organizations and groups (“Partner(s)”) wish to make DuoPulse available to their members, employees and their families, patients, customers, or others.
If you have registered to use the Products through a code, credential, or other means of registration furnished by a Partner, the Partner may have access to your name, email address, the date you registered to use the Products, and the date on which you last used the Products. The Partner may also have access to your anonymized general usage data.
8. SINGLE SIGN-ON
You can use Facebook Connect or an Open ID provider to sign-in for our Products. These services will authenticate your identity, provide you the option to share certain personal data (such as your name and email address) with us, and to pre-populate our sign-up form. Facebook Connect and other services give you the option to post data about your activities on our Products or to your profile page to share with others.
9. DATA RIGHTS
As you are aware, the European Union law called the General Data Protection Regulation (GDPR) has given certain rights to applicable individuals in relation to their personal data. Consequently, we have implemented transparency and access controls to help such customers, including residents of the EU, Switzerland, and the United Kingdom exercise those rights. As required under applicable law, the rights afforded to you are: A right of access: you have the right to obtain (i) confirmation as to whether personal data concerning you are processed or not and, if processed, to obtain (ii) access to such data and a copy thereof.
The right to rectification: you have a duty and responsibility for the accuracy of your personal data. If it is inaccurate, then this can be corrected with just one phone call or email.
There are certain circumstances in which you have the right to ask for any personal data concerning yourself to be deleted. Upon request, DuoPulse will permanently anonymize your data such that it can never be reconstructed to identify you as an individual. However, this is not an absolute right and DuoPulse may have legal or legitimate grounds for keeping such information.
The right to erasure gives you control over your personal data and ensures that it doesn't get used against yourself in any way. This is your right to restriction of processing.
A right to data portability: you have the right to receive the personal information concerning you which you have provided to DuoPulse, in an easily parsable format, and if necessary transmit those data to another controller without hindrance from DuoPulse Your data is only processed when it has been made available for your use through a contract. This means that there must be some form of automation involved in order for this right to apply.
A right to object to processing: you have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you when such processing is based on the legitimate interest of DuoPulse. DuoPulse may, however, invoke compelling legitimate grounds for continued processing. When you submit personal data to a company for marketing purposes, they have the right to process it unless you object. You can unsubscribe from these messages by clicking on any links provided at the bottom of your emails or via logging into your DuoPulse account and following simple steps there.
A right to lodge a complaint with the competent authority: you have the right to contact the supervisory authority to complain about DuoPulse’s personal data protection methods.
A right to give instructions concerning the use of your data after your death: as required by applicable law, you may have the right to give DuoPulse instructions concerning the use of your personal data after your death. To exercise one or more of these rights, you can email firstname.lastname@example.org. You may access your personal data to modify or update at any time via an online DuoPulse account. We will respond to your request in a reasonable timeframe in accordance with applicable law.
10. LEGAL BASES OF PERSONAL DATA PROCESSING
As specified by GDPR, DuoPulse provides the following information regarding its Article 6 legal bases for personal data processing: The performance of the contract between you and DuoPulse for the data processing relating to your use of DuoPulse’s Products (including your orders and payments);
DuoPulse’s legitimate interest, more specifically:
• To provide you with emails and push notifications for timely introductory materials, information about your DuoPulse account as well as updates on our product features.
• We're always looking for ways to make our products better. That's why we want our customers' feedback and interest in what they use best.
• We care about your privacy, which is why we want to inform you that the information being collected here will help us make our service better for everyone. That's why we collect data about how you interact, both via our website or apps on various devices.
• We are all about making sure that you have a positive experience with us. Your satisfaction is our number one priority, so we'll do everything in our power to make sure your questions get answered and any concerns are addressed promptly.
• We are interested in collecting data related to unplanned downtime or errors when it comes time for us to have our products fixed.
• We are committed to complying with all of our legal obligations, including maintaining accurate financial records.
11. DATA DISCLOSURE
We may share your information with and among various Partners, subsidiaries, ultimate holding companies and affiliates in order to provide you with the best service possible.
We may also disclose your personal data to third parties as follows:
• We may share your data with other parties so that they can provide services you have requested or fulfill our own obligations under law. An example of this is the SMS Service.
• In some conditions, we may disclose the personal data that you have provided to DuoPulse to a third party that provides services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality.
• Like many other companies and organizations, we use an email service provider to send you personalized messages. This means that in certain limited circumstances they may receive some information about your activities on our app.
• If DuoPulse’s service providers (like hosting, IT maintenance, market analytics, and payment service providers) require this information to provide services to DuoPulse. DuoPulse requires each of its service providers to agree to maintain the confidentiality and security of your personal data.
• In the event we sell or buy any business, in which case your personal data may be disclosed to prospective sellers of such businesses.
• If DuoPulse or significantly all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
• We will only use your data when we have a duty to do so under law. This includes complying with any legal obligation such as subpoenas or bankruptcy proceedings, and protecting the rights of DuoPulse customers in addition to our own interests. This also includes exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• With third parties, such as Facebook, in order to serve DuoPulse advertisements on such third party platforms, to the extent that you have agreed to or have been provided with notice of, and a chance to opt-out of, such practices under applicable law.
12. DATA RETENTION
The retention periods applied by DuoPulse comply with applicable legislation in effect on the date hereof, namely:
• For data with regards to your account: such data will be permanently anonymized in the event that your account is: (i) inactive for a period of two (2) years; and (2) not subscribed to a premium account. Moreover, we will permanently anonymize your account data within thirty (30) days of your written request to do so via email to email@example.com.
• For transactional information relating to your purchases: such information is kept for the entire period of the contractual relationship, then in compliance with legal obligations and applicable statute of limitation periods. Please note that this data does not include Payment Card information, which is processed by our third-party payment processors, and not DuoPulse.
• For information obtained based on your agreement to receive our marketing communications: we will use such data until you opt out, or applicable law requires that such data is no longer used.
• The data we collect is essential for responding to requests and queries. This information will be kept as long as it takes in order that our customers can get responses from us quickly.
• When cookies or other trackers are placed on your terminal, they are kept for a period of 12 months. Other data will be kept as long as necessary for the purposes pursued and in compliance with our legal obligations, including the applicable statute of limitations.
13. WITHDRAWAL OF CONSENT FOR PROCESSING ACTIVITIES
To the extent that you have provided appropriate consent under applicable law to certain processing activities, such consent can be withdrawn at any time by emailing firstname.lastname@example.org.
14. THIRD PARTY LINKS
The Products may, from time to time, contain links to and from the Products of our partner networks, advertisers and affiliates. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal data to these external websites.
15. SOCIAL MEDIA WIDGETS
We know you want to keep your information safe and we do too. That's why our products come with built-in security features like the Facebook Like button, widgets for sharing on other websites or programs. They may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. Your interactions with these features are governed by the privacy statement of the company providing it.
16. APPLE iOS HEALTH
17. USE OF DUOPULSE BY MINORS
You must be 18 years of age to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement of a parent or legal guardian under such person's account.
18. DATA POSTED ON FORUMS
DuoPulse customers may have the ability to post content to one or more DuoPulse forums. All such users may request and obtain removal of such posted content by contacting email@example.com and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete removal of all traces of the content posted.
DuoPulse’s principal office address is 25th 1st Ave SW STE A Watertown SD 57201.
21. TRANSMISSION TO OTHER COUNTRIES
The subsidiaries, service providers or other third parties listed above to whom DuoPulse may disclose your personal data may be domiciled abroad, and in particular outside the European Union, Switzerland, and the United Kingdom.
In such cases, DuoPulse will require them to take, in accordance with applicable legislation, contractual, organizational and technical measures designed to ensure an adequate level of protection of your personal data, such as the use of Standard Contractual Clauses approved by the European Commission.
For personal data collected from individuals located in the European Union, Switzerland and the United Kingdom, you have the ability to opt-out of whether such personal data is disclosed to a third-party (apart from service providers) or is to be used for a purpose that is materially different for the purpose for which it was originally collected or subsequently authorized. You can contact DuoPulse at firstname.lastname@example.org in order to make such choices.