Privacy Policy

Our Privacy Policy was updated on 2020.02.19.

About us

SOFTIDE INVESTMENT CO., LIMITED (hereinafter referred to as “ we”, “our ” or “ us”) take your privacy very seriously. Therefore, we have attached great importance to your privacy and personal information. And we have also treated and processed the information in this EU Privacy Policy (hereinafter referred to as “EU Privacy Policy” or “ Privacy Policy ”) with a high degree of prudence.

Data controller under this EU Privacy Policy is SOFTIDE INVESTMENT CO., LIMITED, code 2127918, address MJX2480, RM 1007, 10/F., HO KING, CENTRER, NO. 2-16 FA YUEN ST., MONGKOK, HONG KONG, CHINA, e-mail Softide.DPO@gmail.com .

Our representative in EU is a legal entity established in Lithuania ERGOMOTION EU, UAB, Didlaukio str. 80-96, LT-08326 Vilnius, e-mail saleseu@ergomotion.com.

About this EU Privacy policy

This EU Privacy Policy is closely bound up our or companies’ group products and/ or services, including our Apps (hereinafter referred to as “our products and/ or services”). We will process and protect any personal information that you give us in compliance with provisions of this EU Privacy Policy when you download, install, start, browse, register, log in or use our or companies’ group products and/ or services, including our Apps (hereinafter referred to as “Use our products and/ or services”). Hence, we hope you carefully read and thoroughly comprehend the full text of this EU Privacy Policy and make choices you think appropriate, if required, in accordance with instructions in this EU Privacy Policy. All technical words involved in this EU Privacy Policy will be expressed and explained in a clear and concise manner for easy understanding. You are hereby reminded kindly to pay attention to and consult terms of this EU Privacy Policy because they do or may matter to your rights and interests significantly.

Under this Privacy Policy, “personal information” “personal data” means information that can be used to directly or indirectly identify an individual, either from that information alone or from other information we have access to or otherwise , except as otherwise specifically provided by applicable laws in your region. We will use your personal information strictly in accordance with this Privacy Policy, General Data Protection Regulation 2016/679 (“GDPR”) and other applicable law .

How we can help you

We wish to create the optimal experience for you. Should you have any questions with our data handling practices as summarized in this Privacy Policy, please contact our representative in EU, a legal entity established in Lithuania ERGOMOTION EU, UAB, Didlaukio str. 80-96, LT-08326 Vilnius, e-mail saleseu@ergomotion.com to address your specific concerns. We will be happy to hear from you.

This EU Privacy Policy will help you understand the following information:

1. What this EU Privacy Policy is applied to and what personal information is collected by us

2. How do we collect and use your personal information

3. How we share, transfer and disclose your personal information

4. Your right to control your personal information

5. Your right t o complaint

6. How we store and protect your personal information

7. Protection of minors

8. How we update this Privacy Policy

9. Contact us

1. What this EU Privacy Policy is applied to and what information is collected by us

1.1 What this EU Privacy Policy is applied to

This EU Privacy Policy sets forth general provisions for processing of personal data collected when you come from European Economic Area and use any of our products and/ or services, in which case this EU Privacy Policy will apply.

This Privacy Policy does not apply in the following circumstances:

Our products and/ or services may contain or be linked to information and/ or services of a third party (including any third party application, website, product and service). Such third party is responsible for operating such information and/ or services. We are not liable for your use of such information and/ or services. For this reason, we remind you kindly that you should take the time to read the third party’s user agreement and privacy policy presented to you during your use of its information and/ or services. This Privacy Policy merely applies to our collection and processing of your personal information. It neither applies to any third party’s collection nor third party’s rules for provision of services or information use. We are not responsible for how third parties collect, store and use personal information as legally permitted.

1.2 What information is collected by us

In order to provide our services to you, we will ask you to provide personal information that is necessary to provide those services. We will only collect the information that is necessary for its specified, concrete, explicit and legitimate purposes and not further process such information in a manner that is incompatible with those purposes. Please use our products and/or services after carefully reading and thoroughly comprehending this EU Privacy Policy.

Depending on the service you choose, we may collect the following one type or several types of information:

1.2.1 Your personal information: name, contact details, email address, delivery address, order, invoicing details; account name, account nickname, birthday, gender, IP address and cipher, answer to password protection question relating to your account if you create it.

1.2.2 Information on your device: including the model of hardware, MAC address, operating system type and other basic information identifying your device.

1.2.3 Information related to your application usage: including application basic information, such as application list, application ID information, SDK version, system update settings, application settings (region, language, time zone, font) and application status record (e.g. downloading, installing, updating, deleting).

1.2.4 Location information (only for specific services/ functions): various types of information on your accurate or approximate location if you use location-related services (e.g. viewing the sleep data function might require to use your approximate location). F or example, region, country code, city code, mobile network code, mobile country code, cell identity, longitude and latitude information, time zone settings, language settings. You can restrict access to location information of each application at any time within the phone settings (Settings - Permissions).

1.2.5 Log information related to your application usage: information related to your use of certain features, apps, and websites of our products and/or services. For example, cookie s and other anonymous identifier technologies, Internet protocol ( IP ) addresses, network request information, standard system logs, crash information, log information generated by using the services (such as registration time, access time, activity time, etc.).

1.2.6 When you use our App for analysing your sleeping habits, we process personal health data: your heart rate, respiratory rate, snoring, body movement, sleep time, sleep stages, wake up time and sleep score data measured by us during your use of these services.

2. How do we collect and use your personal information

The purpose of collecting personal information is to provide you with our products and/or services, develop and advertise our products and/ or services and to ensure that we comply with applicable laws, regulations and other regulatory requirements. This involves:

• Providing, processing, maintaining, improving and developing our products and/or services to you, such as delivery, activation, verification, after-sales, customer support.
• Advertising our products and/or services provided that your informed knowledge and consent has been granted to us when applicable.
• Implementing and maintaining security safeguards for the purpose of preventing loss and fraud, such as assisting in identifying users, verifying the user identity. We use your information for anti-fraud purposes only when the following two conditions are met: it is necessary; and the data used for evaluation is in accordance with our legitimate interests to protect users and services.
• Handling your questions or requests about device and services, questions, or requests, such as answering customer inquiries, sending system and application notifications, managing your activities (e.g. sweepstakes).
• Internal purposes, such as data analysis, research, and development of statistical information related to the use of our products or services to better improve our products or services. For example, machine learning or model algorithm training is performed after de-identification processing.
• Storing and maintaining information related to you for our business operations (such as business statistics) or for fulfilling our legal obligations.
• Other purposes with your consent.

Here are more detailed examples on how we use your information (which may include personal information):

• Activating and registering our products or services purchased by you.
• Creating and maintaining your account. Personal information collected when you create an account through mobile devices, is used to create the personal account and profile page for you.
• Providing services. Collect and p resent data which might include health related information detected by our products and provide you with bed control functions.
• Verifying user identity. Avoid unauthorized logins.
• Collecting user feedback. The feedback you choose to provide is valuable in helping us make improvements to our services. In order to follow up on the feedback you have chosen to provide, we may correspond with you using the personal information that you have provided and keep records of this correspondence for problem solving and service improvement.
• Sending notices. From time to time, we may use your personal information to send important notices, such as notices about purchases and changes to our terms, conditions, and policies. Since such information is critical to your interaction with us, it is not recommended that you refuse to receive such information.

How we use cookies and other technologies

Log files: As true of most websites and apps, we gather certain information and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do not link this automatically collected data to other information we gather about you.

Provided it does not constitute information directly or indirectly identifying an individual we treat information collected by cookies and other technologies as non‑personal information . Where Internet Protocol (IP) addresses or similar identifiers directly or indirectly identifies an individual we treat such information as personal information and process them in accordance with the EU Privacy Policy, GDPR and other applicable laws.

3. How we share, transfer and disclose your personal information

We promise not to offer, sell or rent out to any irrelevant third party, share or transact with or otherwise transfer or make available to any irrelevant third party any personal information unless we obtain the prior consent from you or such third party that provides to you services independently or jointly with us. Any third party will be forbidden to access all your personal information, including those it could access before, after it completes the provision of its service. We will also prevent any third party from collecting, editing, selling or freely spreading your personal information in any way.

3.1 Sharing

We may sometimes share your personal information with third parties (however only as described below) in order to provide or improve our products or services, including offering products or services based on your requirements. If you no longer wish to allow us sharing this information as provided below, please contact our representative ERGOMOTION EU, UAB at saleseu@ergomotion.com.

3.1.1 Sharing information with our group

In order to successfully conduct business operations and to provide you with all the functions of our products or services, we may share your personal information from time to time to other affiliates. However, we will not share with or transmit to any affiliate or party related to our parent company outside of European Economic Area or China any of your personal information.

3.1.2 Sharing with third party service providers and business partners

To help us provide you with products and services described in this Privacy Policy, we may, wherever necessary, share your personal information with our third party service providers and business partners.

This includes our delivery service providers, data centers, data storage facilities, customer service providers, advertising and marketing service providers and other business partners. These third parties may process your personal information on our behalf for one or more of the purposes of this Privacy Policy. We guarantee that the sharing of personal information necessary for providing services to you is solely for legitimate, legal, necessary, specific, and explicit purposes. We will conduct due diligence and have contracts in place to ensure that third-party service providers comply with the applicable privacy laws. There may be occasions that third-party service providers have their sub-processors which shall also comply with applicable law where personal data processing is involved.

3.1.3 Other

In accordance with legal requirements, legal procedures, litigation and/or requests from government institutions, we may need to disclose your personal information. If the disclosure is necessary or appropriate for national security, law enforcement, or other matters of public importance, we may also disclose information about you strictly following requirements and procedures of applicable law.

In order to enforce our terms or protect our business, rights, assets or products, or to protect users, or if the disclosure is reasonably necessary for the following purposes (detecting, preventing and resolving fraud, unauthorized use of the product, violations of our terms or policies or other harmful or illegal activities), we may also disclose information about you. (For the avoidance of doubt, we may collect, use or disclose your personal information without your consent if it is and only to the extent it is expressly permitted under applicable data protection laws). This may include providing your personal information to government institutions; comm unicating with third-party partners about the reliability of your account to prevent fraud, violations, and other harmful behaviour .

In addition, we may share your personal information with:

• our accountants, auditors, lawyers or similar advisers when we ask them to provide us with professional advices; and
• investors and other relevant third parties in the event of an actual or potential sale or other corporate transaction related to our entity; and
• any other third party, if authorized by you to do so in relation to a specific disclosure.

3.2 Transfer

We will not transfer your information to any subject except in the following cases:

• Where you request for transfer voluntarily;
• Where we have obtained your explicit consent;
• If we are involved in the merger, acquisition, or sale of all or part of our assets, we will notify you of any change in the ownership, use, and any choice of your personal information you possibly possess by e-mail and/or by posting a prominent notice on our websites.

4 Your right to control your personal information

4.1 Controlling settings

We provide you following ways to restrict the collection, use, disclosure, or processing of your personal information and control your privacy settings:

• Sign in or out of your account;
• Toggle on/off for other services and functionalities which deal with sensitive or personal information.

If you have previously agreed us to use your personal information for the aforementioned purposes, you may change your mind at any time by writing or emailing us at saleseu@ergomotion.com.

4.2 Your rights to your personal information

Depending on national or regional laws and regulations applicable to you, including GDPR, you have rights to control your personal information processed by us, including access, rectification, erasure of your personal information, restriction of personal data processing, withdrawal of your previous consent concerning your personal information, deletion of your account in our platform. You may exercise any of your rights independently. If you have any doubt or difficulty in exercising your rights, please contact our representative ERGOMOTION EU, UAB at saleseu@ergomotion.com.

This Privacy Policy requires that your request satisfies applicable laws and regulations and the following conditions:

(1) Through our exclusive access of request and for the protection of your information security, your request should be in writing (unless the local law explicitly recognizes the oral request);

(2) Provide sufficient information to enable us to verify your identity and ensure that the applicant is the subject or legally authorized person of the requested information.

Once we obtain sufficient information to confirm that your request can be processed, we shall proceed to respond to your request within any timeframe set out under your applicable data protection laws.

4.2.1 Right to access

You have the right to inquire or access your personal information processed by us.

4.2.2 Right to correct

You are entitled to correct your personal information processed by us. To help you exercise this right, we provide you two ways, i.e. on-line independent correct and request for correction:

1.Y ou can make corrections of some of your personal information directly in our platform .

2.If you have any difficulty in exercising this right or where the on-line independent correction is not authorized or unavailable, you can request us to make corrections.

4.2.3 Right to delete

Based on the requirements of applicable laws, you have the right to request the deletion of your personal information where there is no compelling reason for us to keep using it. We shall consider the grounds regarding your erasure request and take reasonable steps, including technical measures. If the right is upheld, we will delete all your personal data collected by us.

4.2.4 Right to request

You have the right to request for a copy of your personal data.

4.2.5 Right to transmit

You have the right to apply for your personal information in a structured, commonly used format and transmit the information to another data controller.

4.2.6 Withdrawal of consent

Should you intend to change the scope of authority relating to certain functions, you can modify your personal settings through your APP or on the related setting interfaces contained in our products and/or services. Alternatively, you can withdraw all authorizations upon us to continue collecting your personal information by cancelling your account. If you have any difficulty in doing this, please contact our representative ERGOMOTION EU, UAB at saleseu@ergomotion.com.

We will no longer collect your personal information and you will not receive corresponding services from us when you withdraw the authorization relating to collection of personal information. However, you recognize and agree that the withdrawal of your consent or authorization will not affect the validity of our processing and storage carried out on the basis of the consent up until the point of withdrawal unless you exercise the aforementioned “Right to delete”.

4.2.7 Right to cancel your account

You have the right to cancel your account. You will be prevented from using the full range of our products and services and give up all of rights and interests you may possess from when you cancel your account. Please cancel your account prudently. After you cancel your account, we will no longer provide to you all our products and services and all your information, data and records of your use of our products and services with such account will be deleted or anonymized unless otherwise specified in applicable laws and regulations.

4.2.8 Restriction of processing your personal information

You have the right to obtain from us the restriction of processing your personal information. We shall consider the grounds regarding your restriction request. If the grounds apply to GDPR, we shall only process your personal information under applicable circumstances in General Data Protection Regulation (GDPR) and inform you before the restriction of processing is lifted.

We have the right to refuse to process requests that damage others' right of privacy, requests that require disproportionate technical work, information given under confidential conditions. If we believe that certain aspects of the request to delete or access the information may result in our inability to legally use the information for the aforementioned anti-fraud and security purposes and to comply with applicable laws, it may also be rejected.

5. Your right to complaint

If you consider that our processing of your personal data does not meet requirements of applicable law you are entitled to lodge a complaint with the competent supervisory authority.

Competent supervisory authority where our representative is located in Lithuania:

State Data Protection Inspectorate

e-mail ada@ada.lt ( you will find more details of website www.ada.lt).

6. How we store and protect your personal information

We are always committed to keeping your personal information secure. In order to prevent your information from disclosure, destroy, misuse, unauthorized access, unauthorized disclosure or modification risks, we have put in place all legally required, including those provided in GDPR, multi-level protection measures including technical security measures, supporting organization, management system.

6.1 Security measures

To create a secure environment for privacy data acquisition and guarantee the privacy and integrity of data acquisition, we have applied the Transport Layer Security protocol and other encryption technologies to prevent our transmission link from sniffing, eavesdropping and intercepting in the various ways such as Https.

All your personal information is stored on secure servers, and protected in controlled facilities. We classify your information based on importance and sensitivity, and ensure that your personal information has the required level of security. We have special access controls for cloud-based data storage, and we regularly review our information collection, storage and processing practices, including physical security measures, to guard against any unauthorized access and use.

We conduct due diligence on business partners and third party service providers to make sure that they are able to protect your personal information. We also check that appropriate security standards are maintained by these third parties by putting in place appropriate contractual restrictions, and wherever necessary, carrying out audits and assessments. In addition, our employees and those of our business partners and third party service providers who access your personal information are subject to enforceable contractual obligations of confidentiality.

We conduct security and privacy protection training courses and tests to enhance our employees' awareness of the importance of protecting personal information. We will take all practicable and legally required steps to safeguard your personal information.

Should a personal information security incident occur unluckily, we will notify the breach to the relevant data protection supervisory authority and, where applicable to data subjects and handle the incident as required by applicable data protection laws.

Please know and understand that Internet is not an absolutely safe environment. We strongly suggest you to adopt security measures or set a complicated password. Your assistance will help us protect the security of your account.

You must contact our representative ERGOMOTION EU, UAB a t saleseu@ergomotion.com immediately if you detect the leakage of your personal information, including your account or password. Hence, we can take countermeasures to protect the privacy of your personal information.

We cannot be held responsible for lapses in security caused by third party accessing your personal information as a result of your failure to keep your personal information private.

6.2 Retention policy

We retain personal information for the period necessary for the purpose of the information collection described in this Privacy Policy or any separate privacy policy provided for a specific product or service, or as required by applicable laws. Detailed retention periods are specified in the specific service or related product page. We will cease to retain and delete or anonymize personal information once the purpose of collection is fulfilled, or after we confirm your request for erasure, or after we terminate the operation of the corresponding product or service. An exception to this is personal information that we are processing for public interest, scientific, historical research or statistical purposes or requirement to store the personal data applies under EU or Member State law to which we are subject.

6.3 Data transfer to third countries

Hereby we inform you that personal data collected by us when you use our products and services are stored on servers located in EU, however collected personal data may be accessed by us from China as we as data controller are established in China. To protect your rights, we have appointed a representative ERGOMOTION EU, UAB established in Lithuania, EU and employ all and any necessary measures including those provided in GDPR when your personal data is transferred to or accessed by us from China.

With exception mentioned in this Privacy Policy above, w e will not transmit your personal data to any affiliate, any party related to our parent company or any third-party service provider outside of European Economic Area and China. Should we have to transmit any information generated in the European Economic Area to any affiliate, any party related to our parent company or any third-party service provider outside of European Economic Area and China, we will act in accordance with provisions of GDPR.

7. Protection of minors

We consider it the responsibility of the parent or guardian to supervise the child's use of our products or services. However, we do not offer services/ products directly to a child or use personal data of children.

We use proper measures enabling us to make sure that personal data of children is not processed by us. If we find out that personal data has been collected from children, we will immediately delete that personal data.

If you are a parent or guardian and you believe that the minor has provided us with personal information, please contact our representative ERGOMOTION EU, UAB at saleseu@ergomotion.com to ensure that the personal information is removed immediately and that the minor is unsubscribed from any of the applicable services.

8. How we update this Privacy Policy

We encourage you to check our Privacy Policy regularly before each use or our products or services. To serve you better, we may update the Privacy Policy based on the upgrading of our products and relevant requirements of laws and regulations. Such updatin g will constitute an integral part of this Privacy Policy and be informed by posting a prominent notice on our websites, sending a push message or other means if it results in the substantial reduction or material change of your rights under this Privacy Policy. Such changes to Privacy Policy will apply from the effective date specified in the notice or website. Your should tick check box once you have read updated Privacy Policy; your continued use of the products and services on the website, mobile and/or any other device will be deemed acknowledgement of the updated Privacy Policy. We will ask for your explicit consent when we collect additional personal information from you or when we use or disclose your personal information for new purposes.

9. Contact us

If you have any question about the execution of this Privacy Policy or any issue relating to privacy protection, personal data processing during the use of our products or services (including consultations and complaints) and retention period, we provide you with the following feedback channel in hope of offering solutions satisfactory to you:

Please contact:

Our representative in EU:

ERGOMOTION EU, UAB

Lithuania, Vilnius , Didlaukio str . 80-90,

Phone：+ 37060376796

Web：www.shopergomotion.com

E-mail: saleseu@ergomotion.com

You may also contact us directly at:

Data controller:

SOFTIDE INVESTMENT CO., LIMITED

MJX2480, RM 1007, 10/F., HO KING, CENTRER,

NO. 2-16 FA YUEN ST., MONGKOK, HONG KONG, CHINA

e-mail: Softide.DPO@gmail.com

After receiving your comments and advices and verifying the user identity, we will respond to you as soon as possible.

Thank you for taking the time to read our Privacy Policy!