Algemene voorwaarden SmartSense app

This Privacy Policy applies to the Difrax LOVI mobile application used in conjunction with the Difrax LOVI SmartSense Breast Pump.

The Application is operated by:

Canpol Sp. z o.o.

ul. Puławska 430

02-884 Warsaw, Poland

(hereinafter referred to as the "Controller", "we", "us", or "our").[WvM1] [Pv2] [Pv3]

This Privacy Policy explains what personal data we process when you use the Application, for what purposes, on what legal basis, with whom we may share your data, and what rights you have in relation to your personal data.

1. Use of the Application and Account Registration

To use the Application, you must create a user account[WvM4] [Pv5] . The Application cannot be used without creating an account.

During registration and login, we may process the following personal data:

your email address;
your name, where provided by your selected authentication provider;
your user account identifier;
technical information related to authentication.

You may sign in to the Application using:

Magic Link;
a Google account;
an Apple ID.

If you choose to sign in using Google or Apple, the respective authentication provider will provide us with the information necessary to authenticate your identity, such as your email address, name and account identifier. The scope of the data shared depends on your account settings and the policies of the relevant provider.

We have no control over how Google or Apple process your personal data within their own services. Detailed information is available in their respective privacy policies.

The legal basis for processing your personal data for the purpose of creating and maintaining your account is Article 6(1)(b) of the GDPR[PR6] [Pv7] , as the processing is necessary for the performance of the contract governing your use of the Application.

2. Data Processed While Using the Application[WvM8] [Pv9]

The Application enables secure communication with the breast pump via encrypted Bluetooth technology and stores information relating to your use of the Device.

While using the Application, we may process the following information:

the date and time of each pumping session;
the duration of each pumping session;
the amount of milk expressed;
breast pump operating mode information;
technical information relating to the connection between the Application and the Device;
the pumping session history stored in your account.

The Application does not analyze expressed milk data, diagnose medical conditions, assess lactation progress, provide medical recommendations or identify lactation-related issues.

The Application does not process any personal data relating to your child.

However, information concerning pumping sessions may relate to your physiological condition and breastfeeding period. Therefore, we treat such information as data that may concern your health.

The legal basis under Article 6 GDPR for processing personal data necessary to provide and operate the Application is Article 6(1)(b) GDPR, as the processing is necessary for the performance of the contract governing your use of the Application. Where such personal data constitute data concerning health, we additionally rely on your explicit consent under Article 9(2)(a) GDPR.

You may withdraw your consent to the processing of health-related data at any time through the Application settings. You may also withdraw your consent by contacting us at support@difrax.com. Withdrawal of consent does not in itself result in deletion of your Account. If you wish to delete your Account, you may do so directly within the Application or request Account deletion by contacting us at support@difrax.com.

3. Bluetooth Connection with the Breast Pump

The Application connects to a single breast pump using encrypted Bluetooth communication.

Bluetooth is used solely to transmit the control data necessary for communication between the Application and the Device.

Depending on your mobile device or operating system, certain system permissions (such as Bluetooth or Nearby Devices permissions) may be required to establish the Bluetooth connection.

The Application uses these permissions exclusively for the purpose of connecting to the breast pump.

4. Notifications[WvM10] [Pv11]

The Application may send notifications regarding:

pumping reminders;
reminders to clean the Device;
connection status;
session progress;
safety messages;
educational or product-related information.

These notifications are functional in nature and are intended solely to support the use of the Application and the breast pump.

You may manage notification settings within the Application or through your mobile device's operating system settings.

Please note that notification content may be visible on your device's lock screen depending on your device settings. To enhance your privacy, we recommend configuring your device so that notification content is hidden when the screen is locked.

The legal basis for processing personal data for the purpose of sending functional notifications is Article 6(1)(b) GDPR.

5. Marketing Banners and In-App Messages

The Application may display banners or messages concerning the Controller's products and services.

These banners are identical for all users. They are not personalized based on your pumping history, activity within the Application, lactation-related information or any other personal data.

We do not carry out marketing profiling of users.

Should we introduce personalized marketing communications in the future, this Privacy Policy will be updated accordingly. Where required by applicable law, you will receive appropriate information and be asked to provide your consent before such processing begins.

6. Analytics and Diagnostic Tools

We may use analytics and diagnostic tools to monitor the performance of the Application, identify and resolve errors, improve its stability, and develop new features.

The Application uses the following analytics and diagnostic services:[WvM12] [Pv13]

Google Analytics;
Firebase Crashlytics;
Google Play and Apple App Store analytics tools.

The data processed by these tools may include:

technical application or device identifiers;
Application version information;
operating system information;
Application event data;
error and crash reports;
technical information necessary for performance analysis.

We do not transmit data relating to the amount of milk expressed or pumping session history to analytics or diagnostic tools.

Certain analytics and diagnostic technologies may store information on or access information from your mobile device. Where consent is required under applicable electronic communications or privacy law, these technologies will only be activated after you have provided such consent. Any subsequent processing of personal data is carried out on the legal basis specified in this section. [WvM14] [WvM15] [Pv16] You may withdraw your consent at any time through the Application settings or by any other method made available to you.

The legal basis for processing personal data for analytics purposes is Article 6(1)(f) GDPR, based on our legitimate interest in monitoring, improving and developing the Application.

7. Hosting and Data Storage

Users' personal data are stored using the cloud infrastructure provided by OVHcloud within the European Economic Area (EEA).

OVHcloud acts as our data processor and processes personal data solely on our behalf.

Personal data may be stored in:

the Application database;
the server environment;
backup copies;
technical logs.

8. Data Recipients[WvM17] [Pv18]

Your personal data may be shared with the following categories of recipients, depending on the relevant processing activity:

hosting service providers, in particular OVHcloud;
authentication service providers, including Google and Apple;
analytics and diagnostic service providers, including Google;
providers responsible for the maintenance and development of the Application;
technical support service providers;
public authorities or other entities authorized to receive personal data under applicable law.

All processors acting on our behalf process personal data under data processing agreements and only in accordance with our documented instructions.

9. Transfers of Personal Data Outside the EEA[WvM19] [Pv20]

The primary Application data are stored by OVHcloud within the European Economic Area.

However, the use of services provided by Google, Apple, Google Analytics and Firebase Crashlytics may involve the transfer of certain personal data outside the European Economic Area, including to the United States.

Where such transfers occur, we implement appropriate safeguards required by the GDPR, including, where applicable:

the European Commission's Standard Contractual Clauses (SCCs);
additional technical and organizational safeguards where necessary;
transfer risk assessments[PR21] [Pv22] ;
Where applicable, transfers to recipients in the United States that participate in the EU-U.S. Data Privacy Framework are based on the European Commission’s adequacy decision for that framework;
verification of the service provider's participation in recognized international data transfer mechanisms, where applicable.

10. Data Retention Period[WvM23] [Pv24]

We retain your account information and data relating to your use of the Application for as long as your account remains active.[PR25] [Pv26]

After your account has been deleted, your personal data will be retained for 30 days, after which they will be permanently deleted, except where certain data remain temporarily stored in backup copies until the relevant backup retention period expires.

Technical logs and diagnostic information may be retained for the period necessary to ensure the security and stability of the Application, but for no longer than two (2) months.

Analytics data are retained in accordance with the retention settings of the relevant analytics tool and, in any event, for no longer than two (2) months.

11. Data Security

We implement appropriate technical and organizational measures to protect personal data against unauthorized access, disclosure, loss, destruction, or alteration.

These measures include, in particular:

encrypted Bluetooth communication;
secure data transmission;
access control mechanisms for our systems;
restricting access to personal data to authorized personnel only;
monitoring errors and system failures;
maintaining backup copies;
implementing security measures to protect the server infrastructure.

12. Your Rights

Subject to the conditions set out in applicable law, you have the right to:

access your personal data;
obtain a copy of your personal data;
request the rectification of inaccurate or incomplete personal data;
request the erasure of your personal data;
request the restriction of processing;
receive your personal data in a portable format (data portability);[WvM27] [Pv28]
object to the processing of your personal data;
withdraw your consent at any time where processing is based on your consent;
You have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.

These GDPR rights are without prejudice to any separate rights you may have to access, use or share data generated through your use of the SmartSense Breast Pump and the Application under Regulation (EU) 2023/2854 (Data Act), where applicable.

Withdrawal of consent does not affect the lawfulness of processing carried out before the consent was withdrawn.

You may delete your account directly within the Application or contact the Controller to exercise any of your rights.

If you have any questions regarding the processing of your personal data, you may contact our Customer Service department[WvM29] [Pv30] : Email: support@difrax.com

13. Automated Decision-Making and Profiling

We do not make decisions concerning users based solely on automated processing that produce legal effects concerning them or similarly significantly affect them.

We do not profile users on the basis of lactation-related data.

We do not use data relating to pumping sessions to personalize advertisements or marketing communications.

14. Children's Data

The Application does not require users to provide any information relating to their child and does not provide functionality for creating a child profile.

In particular, the Application does not process:

the child's name;
the child's date of birth;
the child's health data;
information relating to the child's feeding;
the child's weight or height.

15. Changes to this Privacy Policy[WvM31] [Pv32]

We may update this Privacy Policy from time to time, in particular as a result of:

changes to the functionality of the Application;
changes to our service providers;
implementation of new analytics or diagnostic tools;
changes in applicable laws or regulatory requirements.

The current version of this Privacy Policy will always be available within the Application.

Where material changes are introduced, users will be informed in an appropriate manner before or when such changes become effective.

Where a change involves a new purpose of processing, a different legal basis or processing for which consent is required, we will provide the relevant information before the new processing begins and, where required by applicable law, obtain your consent before carrying out such processing.

[WvM1]Please align the controller designation across the Privacy Policy, Terms and Conditions and consent wording. The Terms identify Canpol as controller, whereas this Privacy Policy identifies Difrax B.V. Please confirm the actual controller, joint-controller and processor roles based on the relevant processing activities.

[Pv2]Canpol is the operator and controller. OVHcloud is the processor of the data.

[Pv3]Is Difrax acting as a service provider or user of the app?

[WvM4]Please align this statement with the Terms and Conditions. The Privacy Policy states that the App cannot be used without an Account, whereas the Terms indicate that only selected functions require an Account. Please confirm the actual Account requirement.

[Pv5]Verwerkt

[PR6]Please confirm if a DPIA has been conducted given systematic processing of special-category health data at scale via a consumer IoT device takes place. At least mention a DPIA has been conducted when done.

[Pv7]Did you carry out a Data Protection Impact Assessment (DPIA) in relation to the processing activities involving health-related data described in this Privacy Policy?

[WvM8]Please restructure this section to distinguish the applicable Article 6 legal basis for each processing activity from the additional Article 9 condition relied upon where health data are processed.

[Pv9]Verwerkt

[WvM10]Please align this section with the actual App functionality and the Terms and Conditions. The Terms refer to additional notification categories, including connection status, session progress and safety messages.

[Pv11]Verwerkt.

[WvM12]Please confirm which analytics and diagnostic tools are actually deployed at launch and describe the actual processing accordingly, rather than listing services that may potentially be used.

[Pv13]Verwerkt.

[WvM14]Please confirm whether any analytics or diagnostic SDK stores information on, or accesses information from, the User’s mobile device.

Where this occurs, Article 5(3) of Directive 2002/58/EC may apply unless an exemption is available. This assessment should be distinguished from the transmission of Device-generated data from the breast pump to the App via Bluetooth. Where personal data are subsequently processed by the analytics or diagnostic tool, please identify the appropriate legal basis under Article 6 GDPR.

[WvM15]Section 3 describes the Bluetooth connection, but please specify which Device-generated data are actually collected by the App and which data are transmitted from the breast pump to the App via Bluetooth.

[Pv16]Verwerkt

[WvM17]Please confirm that the listed recipient categories accurately reflect the actual data flows and that the controller/processor roles of the relevant providers have been verified.

[Pv18]Verwerkt

[WvM19]Please identify the actual transfer mechanism relied upon for transfers outside the EEA in accordance with Article 13(1)(f) GDPR.

Where no adequacy decision applies, please specify the Article 46 safeguards used and explain how Users can obtain further information or a copy of those safeguards.

[Pv20]Where no adequacy decision applies, please specify the Article 46 safeguards used and explain how Users can obtain further information or a copy of those safeguards.

[PR21]Consider naming the specific EU-U.S. Data Privacy Framework that applies to Google and Apple rather than the general term "transfer risk assessments."

[Pv22]Verwerkt.

[WvM23]Please specify the maximum retention period for backup copies so that the overall retention period after Account deletion is fully transparent.

[Pv24]Please specify the maximum retention period for backup copies

[PR25]Please consider a dormacy/inactivity trigger or periodic review requirement to prevent accounts to remain in the database forever.

Also consider setting a policy to "delete or anonymize after N months of inactivity" to mitigiate a users' inaction.

[Pv26]To be added once an actual retention period has been determined

[WvM27]Please ensure that the GDPR data portability right described here is not presented as the only mechanism for accessing or sharing generated product/service data.

Where applicable, cross-reference the separate user rights under Regulation (EU) 2023/2854 (Data Act).

[Pv28]Verwerkt

[WvM29]If a Data Protection Officer has been appointed, please include the DPO's contact details in accordance with Article 13(1)(b) GDPR.

[Pv30]The Difrax Customer Service department will forward issues when applicable to the data protection officer of Canpol.

[WvM31]Please clarify that where a change introduces a new processing purpose, legal basis or consent requirement, the relevant information will be provided before the new processing begins and fresh consent will be obtained where required.

[Pv32]Verwerkt