Privacy Notice Studio Moderna Home Mobile Application
This Privacy Notice is intended to inform the users of Studio Moderna Home Mobile Application (Studio Moderna Home App) about processing of personal data by Top Shop International S.A., Switzerland (»TSI«, »we«). TSI is acting as a controller of Personal Data. Privacy Notice will also explain to you what kind of rights you have related to personal data and how can you exercise them and provide you with all required information.
If you have any questions regarding this Privacy Notice or the use of Studio Moderna Home App, contact us to privacy_tsi@studio-moderna.com.
Definitions
Personal Data refers to all information, which TSI will
collect about you, obtained directly from you and include the information which
directly or indirectly identify you. TSI will not process any Special
Categories of Personal Data.
Which Personal Data will we collect?
Account information
By registration of account of Studio Moderna Home App you
will provide us with the information which are required for the creation of
account:
- Name,
- Surname,
- Contact details (email, phone number)
- Username,
- Log in credentials.
In addition you may choose to add additional information
like nickname, profile picture, country code, language preference or time zone
information in your settings. This is not necessary information to provide for
creation of the account.
If you wish, you can register/login with third party
accounts (e.g. Google, Facebook) from where we will receive certain information
from your account:
Feedback information
If you have any questions, concerns or provide us with your
feedback related to the Studio Moderna Home App, we will use Personal Data you
provide us with, including your e-mail, phone number in order to address the
content appropriately.
Information we collect automatically
Device Information
When you interact with our Studio Moderna Home App, we automatically collect device information, such as MAC address of your devices, IP address, wireless connection information, operating system type and version, application version number, push notification identifier, log files and mobile network information.
Usage Data
During your interactions with our Studio Moderna Mobile Home App, we automatically collect usage data relating to visits, clicks, downloads, messages sent/received, and other usage of our Studio Moderna Home App.
Log Information
When you use our Studio Moderna
Mobile Home App the system and exception log may be uploaded.
_____________
One cannot identify a specific individual by using Device Information or Log Information alone. However, if these types of information, combined with other information, may be used to identify a specific individual, such information will be treated as Personal Data. Unless we have obtained your consent or unless otherwise provided by data protection laws and regulations, we will anonymize and desensitize such information.
Location information
Only if you enable location-based functions through permission settings on your mobile device, we will collect and process your location information to enable certain functions, such as pairing with your Smart Devices. Also, we may collect information about your real-time precise or non-precise geo-location when you use our specific Products or Services.
Based on your consent, when you enable the geo-fence feature on the Products, your location information will be generated and shared with Google Map services. Please note that Google has corresponding data protection measures, which you may refer to Google Data Protection Terms for more details:
https://privacy.google.com/businesses/gdprservices/. You may reject such use of
your location information by managing the permission settings in the Products,
upon which we will cease to collect and use your location information.
Smart Device Information
When you connect your Smart Device with our Studio Moderna Home App, we may collect basic information about your Smart Device, such as device name, device ID, online status, activation time, firmware version and upgrade information (“Smart Device Basic Information”).
Depending on the different Smart Devices you elect to connect with our Products or Services, we may collect different information reported by your Smart Devices. For example, Please enter information about the smart device report. For example: smart scales or fitness trackers may report your height, weight, body
fat content (BFM) , Body mass index (BMI) and skeletal muscle content (SMM).
Specific product information
For connectivity of certain products with Studio Moderna Home App certain additional data will be required. In this case, the Privacy Policy will be updated accordingly.
Purposes & legal basis for processing
Usage of Studio Moderna Home App
By registering you provide us with your Account Information, which enables you to use Studio Moderna Smart Home App and its services and products. In addition, for this purpose we will process your Device Information, Usage Data, Location Information and Smart Device Information in order to provide you with the best required services.
We will process this personal data based on the User Agreement of Studio Moderna Home App (based on the contract).
Improve our services
We will process your Device Information, Usage Data, Location Information and Smart Device Information in order to ensure the functions and safety of our Products, to develop and improve our products and services, to analyze the efficiency of our operations, and to prevent and trace fraudulent or inappropriate usage. The legal basis for this processing is to perform our contract with you according to the User Agreement.
Non- marketing communications
We will process your Account Information in order to inform you about important topics related to the Studio Moderna Home App, related product or services and in order to inform you about the change of terms and conditions, privacy policy or provide you with any other relevant information.
We will process this personal data based on the User Agreement of Studio Moderna Home App (based on the contract).
Legal Compliance
We may process your Personal Data as we believe to be necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests from public and government authorities (d) to enforce our terms and conditions; (e) to protect our operations, business and systems; (f) to protect our rights, privacy, safety or property, and/or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
If there is any change in the purposes for processing your personal data, we will inform such change to you via email and/or a prominent notice on our website of such changes of purposes, and choices you may have regarding your Personal Data.
Sharing your Personal Data
We will only share your Personal data with third parties, as defined in this privacy notice. The recipients of Personal Data are contractual processors, who process Personal Data on behalf of us, in our name and subject to our documented instructions, based on applicable written agreement, which includes providers of website hosting, data analysis, IT services, and other companies providing certain operational or advisory services for us. Processors of Personal Data will not process your
Personal Data for any other purpose.
Based on legal requirements or subject to official authority (judicial or administrative) proceedings, we might share your Personal Data in order to comply with applicable legislation.
In the event your Personal Data will be shared with processors in third countries or be otherwise exported out of European Union, adequate safeguards will be adopted. Either such export will be done based on the adequacy decision issued by European Commission for the country of export or based on concluded Standard Contractual Clauses, as valid and prepared by European Commission.
Your rights
You have certain Personal Data Rights, based on applicable
legislation, including:
- Access to Personal Data: At any time, we can
check or process any personal information about you and also obtain information about what information about you we process and for what purpose.
- Rectification of Personal Data: At any time, we can check or process any personal information about you and also obtain information about what information about you we process and for what purpose.
- Erasure of Personal Data: Every individual has
the right to request the erasure of personal data. In cases specified by the
GDPR, Studio Moderna has the right not to delete the data (e.g. if there is a
legal obligation for the account-storer operator).
- Restriction or objection of processing of your Personal Data: If there is one of the following reasons, you always have the right to request that we restrict the processing of your personal data:
- Accuracy of the data (the limit refers to the period that allows us to verify the accuracy of the data);
- Unlawfulness of the processing (in so far as the individual objects to the erasure of personal data);
- We no longer need your data, and you are opposed to deleting them for the purpose of asserting, implementing or defending legal claims;
- An objection to the lawfulness of the processing until it is verified whether the legitimate reasons of the provider outweigh your reasons.
If you wish to exercise any of the above rights, send as an
email to privacy_tsi@studio-moderna.com
For the purpose of identification in exercising your rights, the operator reserves the right to request additional information
from you, and we may refuse to act in case you cannot be reliably identified.
In accordance with the applicable legislation, we will reply as soon as possible and at the latest within one month of the request received.
Right to lodge complaint with Supervisory Authority
Information Commissionaire of Republic of Slovenia (www.ip-rs.si) is the lead supervisory authority for the purposes of processing of your Personal Data under this privacy notice. You can at any time lodge a complaint with them.
Security
We use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your Personal Data. We provides various security strategies to effectively ensure data security of user and device. As for device access, our proprietary algorithms are employed to ensure data isolation, access authentication, applying for authorization.
As for data communication, communication using security algorithms and
transmission encryption protocols and commercial level information encryption
transmission based on dynamic keys are supported. As for data processing,
strict data filtering and validation and complete data audit are applied. As
for data storage, all confidential information of users will be safely
encrypted for storage. If you have reason to believe that your interaction with
us is no longer secure (for example, if you feel that the security of any
account you might have with us has been compromised), you could immediately
notify us of the problem by emailing to privacy_tsi@studio-moderna.com.
Data Retention
We process your Personal Data for the minimum period necessary for the purposes set out in this Privacy Policy, unless there is a specific legal requirement for us to keep the data for a longer retention period. We determine the appropriate retention period based on the amount, nature, and sensitivity of your Personal Data, and after the retention period ends, we will destruct your Personal Data. When we are unable to do so for technical reasons, we will ensure that appropriate measures are put in place to prevent any further such use of your Personal Data.
Children’s Privacy
Protecting the privacy of young children is especially important to us. The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide any Personal Data to us. We do not knowingly collect Personal Data from anyone under the age of thirteen (13) unless we first obtain permission from that child’s parent or legal guardian. If we become aware that we have collected Personal Data from anyone under the age of thirteen (13)
without permission from that child’s parent or legal guardian, we will take steps to remove that information.
Changes to this Privacy Policy
We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (send to the e-mail address specified in your account) or by means of a notice in the mobile applications prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.