§ 1 Controller's Name and Address
"Controller" in the sense of the GDPR and other national privacy protection laws of the member states of the European Union and other privacy regulations is the
Valley Electronics AG
represented by Natalie Rechberg-Egly
Telephone: +41 44577 6869
We have appointed a data protection officer:
Am Schachen 1
Telephone: +49 8041 4488770
II. General Data Processing Information
We will explain how personal data is collected when using our apps. Personal data is any data that can be related to you personally.
We only collect and use personal data of our users insofar as required for providing the apps and our contents and services of our "Daysy" devices. Personal data of our users is only collected and used with the permission of the respective user. Exceptions apply in cases in which prior permission cannot be obtained and processing of the respective data is permitted by law.
§ 1 Legal Basis for Processing Personal Data
(1) If the processing of personal data requires the permission of the data subject, Art. 6(1) Letter a of the GDPR will serve as the legal basis.
(2) For the processing of personal data for the fulfillment of a contract and if the data subject is a party to this contract, Art. 6(1) Letter b of the GDPR will serve as the legal basis. This also applies if processing is necessary for the fulfillment of pre-contractual measures.
(3) If the fulfillment of legal obligations to which our company is subject requires the processing of personal data, Art. 6(1) Letter c of the GDPR will serve as the legal basis.
(4) If vital interests of the data subject or of another natural person require the processing of personal data, Art. 6(1) Letter d of the GDPR will serve as the legal basis.
(5) If processing personal data is required for purposes of legitimate interests of our company or of a third party and if the interests and fundamental rights and freedoms of the data subject do not outweigh the stated interests, Art. 6(1) Letter f of the GDPR will serve as the legal basis.
§ 2 Data Deletion and Storage Duration
(1) The first time the “DaysyDay” app synchronizes with the “Daysy” device, the personal data described in this app is downloaded to the device. This personal data of the user will be deleted in each case when the user connects her "Daysy" device again with the app. All existing data in the app will be completely deleted from the app at this time. The storage is thus always temporary until the next synchronization with the "Daysy" device. The app saves calculated data until the next download. In case of the “DaysyDay Partner” app personal data is only stored on the mobile device for the duration of an active permission by the corresponding “DaysyDay” app and will be automatically deleted when the permission is terminated.
(2) Personal data of the data subject will also be deleted or blocked as soon as the storage purpose expires.
(3) In addition, personal data may be stored if required by European or national lawmakers through EU regulations, laws or other requirements to which the controller is subject. Personal data will also be blocked or deleted if storage periods of the above-stated regulations expire, unless contract conclusion or fulfillment requires the data to be stored for a longer period.
§ 3 Your Rights
(1) You have the following rights against us regarding your personal data:
- Right to access
- Right to correction or deletion
- Right to processing restrictions
- Right to object to processing
- Right to deletion
- Right to information
- Right to data portability
- Right to object
- Right to revoke your privacy law declaration of consent
(2) In addition, you also have the right to complain to data processing regulatory authorities about our processing of your personal data.
(3) If the combination of e-mail address and serial number has already been fully activated with a version of our apps, the Daysy device cannot be used with a new e-mail address or the e-mail address with a new Daysy device. In this case the support must be contacted under the contact details given in the imprint.
§ 4 Personal Data Processing Objection or Revocation
(1) If you consented to the processing of your personal data, you may revoke your consent at any time. Such revocations will influence the permissibility of the processing of your personal data after the revocation is issued, but not before the revocation was issued.
(2) If we base the processing of your personal data on a weighing of interests, you may also object to the processing of your personal data. This may be the case if processing your personal data is not required for fulfilling a contract with you, which we will explain in the following description of the functions. When exercising such rights to object, please state your reasons for why we should not process your personal data. Should your objections be legitimate, we will review the matter and either cease or adjust the processing of your personal data or show you our compelling legitimate grounds for continuing to process your personal data.
III. Personal Data Collection When Using Our Apps
§ 1 General
(1) We will explain how your personal data is collected when using our apps and various services which you may utilize if interested.
§ 2 Personal Data Collection When Downloading Our Mobile Apps
When downloading the mobile apps, the required information, i.e., especially your username, email address and your account customer number, time of the download, payment information and individual device number, will be transferred to the app store. We cannot influence and are not responsible for this data collection. We only process this data insofar as necessary for downloading the mobile app onto your mobile device.
§ 3 Collection of Personal Data by the Apps
(1) "DaysyDay" and "DaysyDay Partner" are mobile apps that we provide to you alongside our online offer and that you can download to your mobile device. Personal data is all data that is personally available to you. In the case of the DaysyDay App, these are only the following personal data of the user, in order to allow comfortable use of the functions of the "Daysy" device:
- E-mail adress
- Registration ID in combination with the serial number
(2) In addition, the following data:
- Cervical mucus
- Fertility status
(3) A data exchange with the server of the responsible person takes place only in encrypted form (by using a SHA256 hash function). Thus, during registration, only an e-mail token, the user's public key, a unique registration ID of the user and a SHA256 hash of the e-mail address are stored on the server.
(3a) The synchronized raw data is uploaded via an encrypted HTTPS connection at each synchronization between Daysy and the app to the server for processing, verification and storage. In addition to raw data and a timestamp, the user's registration ID and serial number are also stored.
(4) If we use external service providers for certain functions of our offer or if we wish to use your data for advertising purposes, we will inform you in detail below about the respective transactions and state the specified criteria of storage duration. These service providers were carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
(5) If our service providers or partners are based in a state outside of the European Economic Area (EEA), we will inform you about the consequences of these circumstances in the offer description.
(7) A transfer of the mentioned data to third parties will not take place at any time.
(8) The mobile app will be on your mobile device. During its use no personal data, except those mentioned above, are collected.
§ 4 Use of Anonymized Information
“Anonymized Information” is information which does not relate to an identified or identifiable natural person or to Personal Data rendered anonymous in such a manner that the data subject is no longer identifiable. For clarification: Valley Electronics AG regularly uses Anonymized Information for clinical studies and aggregated research, including, but not limited to, scientific research that may be undertaken by third parties who wish to study data collected by Valley Electronics AG.
§ 5 Miscellaneous
The use of the apps under the age of 16 years is not allowed.