This Privacy Policy applies to the apps offered by Healy World International BV (hereinafter: “Healy”, “we”, “us”). Data protection is of paramount importance for Healy and we process data only according to applicable and relevant data privacy laws. The user will find below information as to what data are collected when Healy Applications (“App”) are registered and/or used and how they are used, processed and/or disclosed. This Data Privacy Policy defines (together with our user terms and conditions and other documents described therein) the principles based on which we process the personal data which we collect from you or which you transmitted to us.

1. Data Controller

The Data Controller responsible for the processing of the data is:

Healy World International BV, 

Paterswoldseweg 806

9728 Groningen

The Netherland

Tax identification number (BTW): NL 858024068

Trade registration: CCI 69816875

CEO: Beryl Gout

E-mail: contact@healy.world

In order to assert any rights flowing from this Data Privacy Policy or in case of any questions regarding the use, collection or processing of personal data, the user is to contact the Data Protection Officer at privacy@healy.world.

2. Purposes and legal basis of data processing

When you use Healy Apps, our servers automatically record information that your device sends. This data may include information such as your device’s IP address and location, device name and version, operating system type and version, language preferences, information you search for in the Application, access times and dates and other statistics.

Information collected automatically is used only to identify potential causes of abuse and establish statistical information regarding the usage of the application and services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

If you wish to use the Healy Applications, you may be asked to provide certain Personal Information. We receive and store any information you knowingly provide to us when you use the Healy Application. When required, this information may include the following:

• Account details (such as username, unique ID, password, etc.)
• Contact information (such as email address, phone number, etc.)
• Basic information (such as name, country of residence, birthdate, etc.)
• Geolocalisation data of your device (such as latitude and longitude, etc.)
• Certain features on the mobile device (such as contacts, calendar, gallery, etc.)

Healy App

If you wish to use the Healy Applications, you must connect to your Healy customer account. For the initial connection of the Healy App with the Healy End Device, the serial number of the Healy End Device is scanned via Healy App or manually entered into the Healy App. Provided that a connection is established between the Healy terminal device and an App, only the following data is transmitted from the Healy terminal device to the corresponding app : the temporal progress of the program currently activated on the Healy terminal device, the set intensity of the program, the amount of current delivered by the Healy terminal device, and the frequency of the amount of current delivered.

Finally, when the Healy App is used on Android devices, location data is accessed to establish the Bluetooth Low Energy connection used by the Healy end device. This location data is processed solely on the device side for security reasons to establish the Bluetooth Low Energy connection and is not stored on Healy servers or otherwise processed by Healy.

In addition, your authorization to use your terminal device’s camera is obtained by the Healy App to allow you to scan the QR code on the back of the Healy terminal device using the camera to facilitate the connection process between the Healy terminal device and the Healy App. Scanning the QR code saves you the additional effort of having to enter the serial number of the Healy End Device when connecting to the Healy App.

The legal basis for the processing of personal data of Healy Customers is the performance of the contract that the Customers enter into with Healy for the use of the Healy End Device as well as for the respective Apps (Article 6 (1)(b) of the GDPR). The data processing carried out by Healy is necessary for the performance of the contract with the data subjects.

Heal Advisor App

To use the Heal Advisor App, you must connect to your Healy customer account. Your login with the user accounts is used to share information from the user account, such as purchased modules and individually designed program plans with the apps.

If a connection is established between the Healy End Device and an App, only the following data is transmitted from the Healy End Device to the corresponding App: the temporal progress of the program currently activated on the Healy End Device, the set intensity of the program, the amount of electricity delivered by the Healy End Device, and the frequency of the delivered amount of electricity. Finally, when the Healy app is used on Android devices, location data is accessed to establish the Bluetooth Low Energy connection used by the Healy end device. This location data is processed solely on the device side for security reasons to establish the Bluetooth Low Energy connection and is not stored on Healy servers or otherwise processed by Healy.

The legal basis for the processing of personal data of Healy customers is the performance of the contract that the customers enter into with Healy for the use of the Healy end device as well as for the respective Apps (Art. 6(1)(b) GDPR). The data processing carried out by Healy is necessary for the performance of the contract with the data subjects.

Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are processed in the course of the use of the Heal Advisor App (heart rate, step count, calories burned, heart rate variability (HRV), ECG, blood pressure, stress level, cardiovascular condition, Healy frequency programs carried out including the amount of electricity emitted, intolerances, dietary type, existing diseases, symptoms, deficiency symptoms allergies), the legal basis for this processing is your consent pursuant to Art. 9 (2) (a), Art. 6 (1) sent.1 (a) GDPR.

Heal Advisor Analysis App

In order to use the Heal Advisor Analysis App, you need to connect to your Healy customer account. Your login with the user accounts is used to share information from the user account, such as purchased modules and customized program plans with the apps.

If a connection is established between the Healy End Device and an App, only the following data is transmitted from the Healy End Device to the corresponding App: the temporal progress of the program currently activated on the Healy End Device, the set intensity of the program, the amount of electricity delivered by the Healy End Device, and the frequency of the delivered amount of electricity. Finally, when the Healy app is used on Android devices, location data is accessed to establish the Bluetooth Low Energy connection used by the Healy end device. This location data is processed solely on the device side for security reasons to establish the Bluetooth Low Energy connection and is not stored on Healy servers or otherwise processed by Healy.

The image folder of your terminal device may be accessed, for example, in order to assign a profile picture from the image folder to a client created in the Heal Advisor Analysis App or to perform an aura analysis of an object that has already been photographed. For the previously mentioned purposes, you can also take a picture directly, which is why access to your end device’s camera may also be required. Access to contacts stored in your terminal device may occur if you want to use contacts from your terminal device to create a client in the Heal Advisor analysis app.

The legal basis for the processing of personal data of Healy clients is the performance of the contract that clients enter into with Healy for the use of the Healy End Device as well as for the respective Apps (Article 6(1)(b) of the GDPR). The data processing carried out by Healy is necessary for the performance of the contract with the data subjects.

Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are processed in the course of the use of the Heal Advisor Analysis App (heart rate, step count, calories burned, heart rate variability (HRV), ECG, blood pressure, stress level, cardiovascular condition, Healy frequency programs carried out including the amount of electricity emitted, intolerances, dietary type, existing diseases, symptoms, deficiency symptoms allergies), the legal basis for this processing is your consent pursuant to Art. 9 (2) (a), Art. 6 (1) sent. 1 (a) GDPR.

3. Data Transfer

Healy will disclose your personal data only to the extent necessary to perform the contract or to protect Healy’s legitimate interests. Healy uses external service providers, such as hosting providers for the performance of the contract and the provision of the services. Where such service providers act as processors for Healy, separate order processing agreements have been concluded to ensure the protection of customers’ personal data.

As part of the HealAdvisor analytics app, the program lists and databases created by the user are stored in a cloud. In the same cloud, client data encrypted by the master key is also stored.

4. Storage Period

The data stored in an app on your terminal device is generally stored until the app is deleted.

Contract data linked to a Healy user account is generally stored until the user account is logged off by you and the business relationship between Healy and you are fully settled, i.e. as long as the parties can mutually assert claims. This applies to outstanding payments. As a rule, such data is deleted after 6 months after the user account has been deregistered.

In addition, a user can also manually delete certain data such as program lists and weekly schedules at any time. In this case, no further storage takes place at Healy.

In addition, we are subject to various storage and documentation obligations, which result, among other things, from the Commercial Code and the Fiscal Code. The retention and documentation periods specified there are up to ten years. Finally, the storage period is also assessed according to the statutory limitation periods.

5. Privacy of Children

We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit and personal data through the App. If you have a reason to believe that a child under the age of 18 has provided personal data to us through the App, please contact us to request that we delete that child’s personal data.

6. Data analytics

Our Healy App may use third-party analytics tools that use cookies, web beacons, or other similar information-gathering technologies to collect standard internet activity and usage information. The information gathered is used to compile statistical reports on User activity such as how often Users visit our App, what pages they visit and for how long, etc. We use the information obtained from these analytics tools to monitor the performance and improve our App. We do not use third-party analytics tools to track or to collect any personally identifiable information of our users and we will not associate any information gathered from the statistical reports with any individual user.

7. Rights of the data subjects for European Union

If you are a resident of the European Union or European Economic Area, you have certain data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

In certain circumstances, you have the following data protection rights

Right of access: the right to obtain information about your personal data processed by us and the right to obtain a copy of such data;

Right to rectification: If your personal data is inaccurate or incomplete, you have the right to rectification.

Right to restriction of processing: this right includes the restriction of the use or the manner of use. This right is limited to specific cases and exists when: (a) the data is inaccurate; (b) the processing is unlawful and you object to erasure; (c) we no longer need the data, but you need the data to assert, exercise or defend legal claims.

Right to erasure: You may request, under certain circumstances, the erasure of your personal data, unless there is a retention obligation. The right to erasure is not a right without exception. For example, we have the right to continue to process your personal data if such processing is necessary to comply with our legal obligations or to assert, exercise or defend legal claims.

Right to data portability: this right includes that we transfer your personal data, if technically possible, in a structured, common and machine-readable format for your own purposes.

Right to withdraw your consent: If you have given us your consent to process, you have the right to withdraw your consent at any time. Such a revocation does not affect the lawfulness of the processing carried out based on the consent until the revocation.

Right of complaint: You have the right to lodge a complaint with the data protection supervisory authority.

Right to object: you have the right to object to the processing of your personal data on grounds relating to your personal situation, provided that the processing is carried out in the public interest or because of a balance of interests, including profiling. In the event of your objection, we will stop processing your personal data unless we can demonstrate compelling grounds that override your interests, or the processing of your personal data is necessary for the establishment, exercise or defense of legal claims. Insofar as we process your personal data for direct marketing purposes, you have the right to object to this processing at any time; this also applies to the creation of profiles insofar as it is covered by such direct marketing measures.

8. Information About Users Located In the USA

This clause regarding U.S. users, including California and Virginia residents, applies to Personal Information (as defined in applicable regulations) provided to Healy by the user.

Considering the California Consumer Privacy Protection Act of 2018 (“CCPA”), we are providing this information to you as a service provider required to process your Personal Information (as defined in the applicable law), to confirm that we have adequate contractual terms in place. The term “applicable law” refers to all laws, regulations, standards, regulatory guidance, and self-regulatory guidelines that may apply in relation to the management of your Data. Applicable laws include, but are not limited to, the California Consumer Privacy Protection Act (Cal. Civ. Code §1798.100 – 1798.199), or the Virginia Consumer Data Protection Act (SB 1392). As a service provider, we will collect, hold, use, disclose and process your personal information only to fulfill our obligations to you under our agreement, for operational purposes previously stated in this Policy, to the exclusion of any other purpose.

We will not sell your personal information or disclose your personal information for commercial purposes.

We certify that we understand and comply with the restrictions and obligations set forth in Cal. Civ. Code § 1798.140(w)(2) as well as Va. SB 1392. In the event of any inconsistency or conflict between the terms and conditions of this clause and the TOS or Privacy Policy, the TOS or Privacy Policy shall govern with respect to Data of individuals in the European Economic Area. If you have any questions about the CCPA or other U.S. regulations at Healy or to exercise your rights under them, you may contact us as set forth in Section 1.

9. Other Data Privacy legislations

Other Data Privacy legislations may apply according to the user’s country of residence.

Healy undertakes to process personal data of users in Korea according to the Personal Information Protection Act of Korea. Please refer for more details to the online Privacy Policy of the Healy World website for Korea.

For other countries, please refer to your local online Privacy Policy of the Healy World website for more information.

10. Contact

We hope that this information has helped you to exercise your rights. If you would like more detailed information on the data protection provisions, please do not hesitate to contact us by mail or by e-mail as set forth in Section 1. Healy undertakes to respond to your request concerning the Privacy Policy or the exercise of your rights, as soon as possible and no later than the time limit set forth by applicable legislation.

Status of the Privacy Policy: 26.11.2022