Last update: 30 June 2022

PRIVACY POLICY FOR USERS IN THE USA

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

Qinematic processes data that You may provide to us via our Website, as well as data provided when using our Service. We use Your Personal data to provide and improve the Service and the Website. By using the Service and the Website, You agree to the collection and use of information in accordance with this Privacy Policy.

INTERPRETATIONS & DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  1. Account means a unique account created for You to access our Service or parts of our Service.

  2. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Qinematic AB, corporate registration no. 556890-1903, a limited liability company incorporated under the laws of Sweden, with its registered address at Tunavägen 19, 18641 Vallentuna, Sweden ("Qinematic", "we" or "us") and visiting address at Lahällsvägen 48, 183 30 Täby, Stockholm, Sweden.

  3. Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  4. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  5. Personal Data is any information that relates to an identified or identifiable individual.

  6. Service refers a cloud-based system for recording, measurement and visualisation of human posture, balance and movement control, as well as communication between a Health Service Provider and “You” as a consumer.

  7. Third-Party Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

  8. Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

  9. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  10. Website refers to both the Qinematic company website and the Moovment Pro service website, accessible from http://www.qinematic.com and  www.moovment.pro respectively.

  11. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  12. Health Service Provider means individuals, businesses and organisations that provide health services to their customers or their employees (in the following collectively "Health Service Providers" or "Providers", each a "Health Service Provider" or "Provider").

COLLECTING AND USING YOUR PERSONAL DATA

TYPES OF DATA COLLECTED

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  1. Email address

  2. First name and last name

  3. Phone number

  4. Address, State, Province, Postal code, City

  5. Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyse Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies
    Type: Session Cookies
    Administered by: Us
    Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies
    Type: Persistent Cookies
    Administered by: Us
    Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies
    Type: Persistent Cookies
    Administered by: Us
    Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

USE OF YOUR PERSONAL DATA

Website data

You may contact Qinematic via our “Website”, which refers to both the Qinematic company website and the Moovment Pro service website, accessible from www.qinematic.com and  www.moovment.pro respectively. On the Website, Qinematic may ask You to provide certain personally identifiable information that can be used to contact or identify You. We use Cookies and similar tracking technologies to track the activity on the Websites and we may store certain information. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some features of the website or our Services. Qinematic may use Personal Data via the Website for the following purposes:

  1. To provide and maintain access to the Service via the Website, including to monitor usage.

  2. To manage Your Account: to manage Your registration as a user of the Service. The personal data You provide can give You access to different functionalities of the Website and/or the Service that are available to You as a registered user.

  3. For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Qinematic, or an agent of Qinematic.

  4. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  5. To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.

  6. To manage Your requests: To attend and manage Your requests to us.

We may share your personal information in the following situations:

  1. With Third-Party Service Providers: We may share Your personal information with Third-Party Service Providers to monitor and analyse the use of our Service, to contact You.

  2. For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

  3. With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

  4. With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

  5. With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Service data

The Service is offered to businesses and organisations that provide health services to their customers or their employees (in the following collectively "Health Service Providers" or "Providers", each a "Health Service Provider" or "Provider"). The Service is also offered to You in order to track your own progress and to communicate with Providers. Under the EU General Data Protection Regulation (GDPR), the entity deciding the purpose of collecting personal data and the means of processing personal data is considered the personal data Controller. When “You”, as a “Consumer” (or “Health Seeker”), use the Service, You are the Controller of your data and You can administer your data from the Moovment Pro Portal. When You engage a Health Service Provider to perform a scan or to review your scan and offer advice, then the Provider becomes a personal data Controller for the processing of Your Personal Data. Qinematic is the personal data Processor for You and the Health Service Provider: Qinematic processes such data on behalf of and according to the instructions of said Health Service Provider. The Health Service Provider is responsible for complying with applicable data protection legislation, and for fulfilling any legal requirements they may have for retaining or destroying any copy they may have made of Your results.

Your privacy is important to us. This document contains a policy statement regarding the collection, use and processing of personal data by the Health Service Provider within the Service and Your rights in relation to Your personal data. It also contains information regarding our collection of and processing of certain anonymised data for research and development purposes.

With "Personal Data" we mean any information relating to a natural living person (a ‘Data Subject’) who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. When using the Service, Personal Data will be collected from You.

In order to use the Service, You must first read and accept this Privacy Policy, and voluntarily opt-in. Your use of our Services confirms Your acceptance of our Privacy Policy, and any amendments to the policy.

Processed data

The following personal data is collected and processed by Your Health Service Provider:

  1. email address

  2. age

  3. weight

  4. height

  5. self-reported bodily discomfort

  6. self-reported recent history of falling

  7. answers to health questionnaires

  8. personal goal setting; and

  9. gender

When You use the Service, certain information will be collected automatically, including information about Your posture, balance and movement. When performing a Moovment Scan, we record a ‘depth map’ image of Your body surface to make calculations, to create 3D visualisations, and to describe Your movements. When recording movement using the Moovment Pro app, we record a color image or video of Your performance, to make calculations and to describe Your movements.
Additional information may be provided by and/or between You and a Provider, such as surveys, exercise programs, goal setting or chat conversation.

For the duration of Your subscription period, You may log in to the Moovment Pro Portal to see any data that is processed and stored on Your behalf by Qinematic, as well as manage access rights for Providers.


PURPOSES OF PROCESSING

Health service providers

It is You and the Health Service Provider that decides the purposes for the processing of Your Personal Data. The Health Service Provider may choose to communicate other purposes to You, such as carrying out the Service in relation to a research project. A Provider may be legally required to make a copy of some or all of the data (eg. for medical records) otherwise, the Provider must ask your permission to make a copy. Unless otherwise agreed between You and Your Health Service Provider, the Health Service Provider will process information for the following primary purposes, and with your permission they may retain access to the data for a reasonable time in accordance with the purposes:

  1. to estimate measurements for Your posture, balance and movement

  2. to assist in providing You with advice based on their own judgement

  3. to administrate Your account and to provide, and improve Your experience with the Service, and to otherwise provide the Service; and

  4. to send You feedback, alerts or messages.

If you terminate your subscription for the Service, by informing us in writing or by not paying any due fees, Your sensitive data will be permanently deleted and You, and your Provider/s, will not be able to recover it. You, and your Provider/s, can export a copy of your data prior to the deletion date from the Moovment Pro Portal.

Qinematic

As creator and supplier of the Service, Qinematic collects and processes Your Personal Data also for its own, limited purposes:

  1. for research purposes (for example, whereby Qinematic alone or together with e.g. a professional research institute analyses data from performed tests in the Service), and

  2. to develop and improve the Services.

Personal Data used for research and development will be anonymised to an extent that we will not have the possibility to identify You by use of the data in our possession.  We may store some or all of the following:

  1. anonymised 3D-data coordinates (XYZ) of estimated body parts

  2. anonymised Summary report data

  3. anonymised Biomechanics report data

  4. anonymised other self-reported data

  5. other anonymised data provided by Your Health Service provider

  6. images without sufficient facial characteristics or body markings to recognise the person


SECURITY AND SUB-PROCESSING

Microsoft is engaged by Qinematic materially to store the Personal Data processed in the Service using the Microsoft Azure cloud environment. Microsoft is therefore the sub-processor of Your Personal Data. The data is formally stored in northern Europe and in accordance with the EU General Data Protection Regulations. We encourage you to visit the Microsoft Trust Center website https://www.microsoft.com/en/trust-center to be informed about their gold standard Security, Privacy and Compliance.


RETENTION OF YOUR PERSONAL DATA

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.


TRANSFER OF YOUR PERSONAL DATA

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.


DISCLOSURE OF YOUR PERSONAL DATA

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  1. Comply with a legal obligation

  2. Protect and defend the rights or property of the Company

  3. Prevent or investigate possible wrongdoing in connection with the Service

  4. Protect the personal safety of Users of the Service or the public

  5. Protect against legal liability


SECURITY OF YOUR PERSONAL DATA

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.


YOUR CALIFORNIA PRIVACY RIGHTS (CALIFORNIA’S SHINE THE LIGHT LAW)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If you'd like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.


CALIFORNIA PRIVACY RIGHTS FOR MINOR USERS (CALIFORNIA BUSINESS & PROFESSIONS CODE SECTION 22581)

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.


LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.


CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the significant changes becoming effective and update the "Last Modified" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.


CONSENT

Before undertaking a scan as part of the Service, You are asked to accept the Privacy Policy and voluntarily give Your informed consent to the following points:

  1. to the collection and processing of Personal Data as set out in this Privacy Policy by the Health Service Provider;

  2. to collection and processing of Personal Data as set out in this Privacy Policy by Qinematic.


CONTACT US

If you have any questions about this Privacy Policy and other legal information, You can contact us:

  1. By visiting this page on our website: www.qinematic.com/about

  2. By visiting this page on our website: www.qinematic.com/legal