TERMS AND PRIVACY AGREEMENT

Welcome to the Rossmax healthstyle Application

This Rossmax healthstyle Terms of Use provided by Rossmax International Ltd. (herinafter refered as to “Rossmax” or “the Company”) applies to Your use of:
  • Mobile application software “Rossmax healthstyle” and any updates or supplements to it (individually or collectively referred to as the “App”), once You have downloaded a copy of Rossmax healthstyle onto Your smartphone or other handheld device (individually or collectively referred to as the“Device”).
  • Rossmax healthstyle cloud service (“hereinafter referred to as Service”) if you (hereinafter referred as to “You” or “the Customer”) choose to connect the App with such Service.
All users of this  App, as well as the Service, are subject to the following terms and conditions of use (these “Terms of Use“). Please read these Terms of Use carefully before accessing or using any part of the App and/or the Service. By accessing or using the App and/or the Service, You agree that You have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by Rossmax healthstyle Privacy Statement which is hereby incorporated into these Terms of Use. If You do not wish to agree to these Terms of Use and/or the Rossmax healthstyle Privacy Statement, do not access or use any part of the App and/or the Service.

Intended use

The App enables You to transfer Your measurement data from supported Rossmax devices, or manually enter measurement data to Your Device.
The App and/or the Service areis provided AS IS and areis not intended to give or replace any advice, including but not limited to medical advice, or to serve for diagnostic purposes on which reliance should be placed.
The App and/or the Service are not a medical care provider and do not provide medical advice. The App and/or the Service are not intended to be relied upon in lieu of medical treatment or advice by a trained medical care provider.
If You manually enter measurement data, You are responsible for the correctness of such data.
Please always consult Your doctor or healthcare professional with any questions regarding Your medical condition.

Authorized Individuals

You may grant access to Your health data to one or more authorized individuals.
When You grant access to an authorized individual, You may permit the authorized individual to have “read-only” access to Your health data, i.e., the authorized individual shall be authorized to access Your Rossmax healthstyle's latest health record only. You acknowledge and agree that: (a) You are solely responsible for verifying the identity of, and monitoring the use by, any authorized individual You select; and (b) the Company has no responsibility or liability in connection with any access to, or use of, Your account and information by any authorized individual.

Licence restrictions
You agree that youYou will:
  • not copy the the App and/or the Service, except as part of the normal use of the App and/or the Service or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App and/or the Service, nor permit the App and/or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and/or the Service on Devices as permitted in these Terms of Use;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App and/or the Service nor attempt to do any such things.
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App and/or the Service.
  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App and/or the Service in any form, in whole or in part to any person without prior written consent from us.


Acceptable use restrictions
You must:
  • not use the App and/or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Service or any operating system;
  • not infringe the Company’s intellectual property rights or those of any third party in relation to Your use of the App and/or the Service, including by the submission of any material (to the extent that such use is not licensed by these Terms of Use);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App and/or the Service;
  • not use the App and/or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from the App and/or the Service or our systems or attempt to decipher any transmissions to or from the servers running the App and/or the Service.


Limitation of Liability and Disclaimer

The Service is not developed to meet the individual needs of Customers, so the Customer's responsibility is to improve the Service and its functions in order to meet the needs of Customers.
The Company provides this App and/or the Service for home or personal use only.The Customer warrants that the App and/or the Service will not be used for commercial purposes, business or resale purposes.
The Company may place limits on, modify, suspend or terminate all or any portion of the App and/or the Service at any time without prior notice.
The Company may restrict access to some or all of the App and/or the Service and registered users of the Company at any time. The Company does not accept any responsibility for the App and/or the Service at any time or for any period of time, for any reason.

The provision of this App and/or the Service does not guarantee and condition their correctness. The Customer's use of the App and/or the Service provided by the Company, or downloading of the App and/or the Service and the content sent by the website linked to the App and/or the Service, may result in the inability to use the App and/or the Service, and may contaminate customer equipment, computer devices, computer programs, materials or other proprietary materials. The Company is not responsible for the loss or damage caused by viruses and other technical hazards. And expressly, to the extent permitted by law, the Company, the Company's group companies and manufacturers related to the Company are exempt from the following responsibilities:

All warranties, conditions and other conditions that may be presumed separately.
Liability for direct, indirect or consequential loss or damage suffered by the Customer due to the use of the App and/or Service or the use, inability to use and use of the content transmitted by the App and/or the Service. These include but not limited to the following.
  • Loss of income or income.
  • Lose Your career.
  • The interruption of the business.
  • Lose career opportunities.
  • Lose interest or contract.
  • Lost the estimated accumulated data.
  • Lost data.
  • Loss of credibility.
  • Waste of management or working hours.
  • injury or death.
The above content is caused by whether it is a wrongful act (including negligence), a breach of contract or other cause, and whether it is foreseeable.
The above does not affect the liability of the Company that cannot be excluded or restricted according to local laws.
Customer agrees that the Company shall be exempt from liability for Customer's breach of this Terms of Use, or Customer's liability, loss, compensation and funds (including reasonable attorneys' fees and expenses) for the use of the App and/or the Service and shall protect the Company from damage.

Notwithstanding the foregoing, the Customer agrees to indemnify and hold the Company harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by You on this App, (2) any violation of law that occurs by You through the App and/or the Service, and/or (3) anything You do using the App and/or the Service contained therein.

Termination

We may end Your right to use of all or part of the App and/or the Service, at our sole discretion, by contacting You at any time if You have broken these Terms of Use, which may result in the suspension, loss or destruction of information and materials related to Your account. At the same time, the Company will immediately terminate Your use of the App and/or the Service in any way.
If we end Your rights to use the App and/or the Service:
You must stop all activities authorised by these Terms of Use, including Your use of the App and/or the Service.
You must delete or remove the App from all Devices in Your possession and immediately destroy all copies of the App which You have and confirm to us that You have done this.

Contact

If You have any concerns, questions, comments or requests about this document or the App, You may contact us through our representative in the EU via email to emea@rossmax.com, the ‘contact us’ function within the App, or by regular mail to:

Rossmax Swiss GmbH
Widnauerstrasse 1
9435 Heerbrugg
Switzerland

Phone: +41 71 544 43 25
Email: emea@rossmax.com
Website: www.rossmax.com

Rossmax healthstyle Privacy Statement

Scope

This Rossmax healthstyle Privacy Statement (together with the Rossmax healthstyle Terms of Use) applies to your use of:
  • Mobile application software ‘Rossmax healthstyle’ and any updates or supplements to it (individually or collectively referred to as the “App”), once you have downloaded a copy of Rossmax healthstyle onto your smartphone or other handheld device (individually or collectively referred to as “Device”).
  • Rossmax healthstyle cloud service (“Service”) if you choose to connect the App with such Service.
This Rossmax healthstyle Privacy Statement sets out the basis on which any personal data we collect from you, or that you provide to us, and will be processed by us. Please read the followings carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of applicable European data protection legislation, the data controller is Rossmax Swiss GmbH (“Rossmax”) based in Switzerland, which is representative in the EU and shall serve as the point of contact for EU data subjects and Data Protection Authorities.

Information we collect from you

The App can be used as a stand-alone mobile application that only has local storage or you can choose to connect it to the Service by creating your personal account.
If you use the App as a stand-alone mobile application without using the Service, all your personal data will be stored on your Device only and we will not collect any personal data from you, except as mentioned below. All your personal data stored by the App on your Device will be encrypted with up-to-date encryption techniques to assure that your personal data cannot easily be accessed and/or read by unauthorized third parties.
Regardless of whether you use the App with or without the Service, we collect and process the following data about you and your Device:

Information that you give us about yourself if you contact us for support, in which case we will keep a record of that correspondence. This information includes:
  • your name and e-mail address (“Contact Information”);
  • your height, gender, weight and date of birth (“User Profile Information”);
  • the model of Device you use, your mobile operating system, number and type of registered Rossmax devices, storage capacity and available storage information of the Device, application error log, and your region (“Technical Information”), and
  • Details of your use of the App including, but not limited to traffic data, application usage data and other communication data (“Log Information”), but no personal data is included.
In addition, if you choose to use the App with the Service, we will collect and process, either directly or by making use of third parties, the following information about you and your Device:
  • your e-mail address, username and encrypted password (also referred to as the “Contact Information”);
  • your height, gender, weight and date of birth (also referred to as the “User Profile Information”);
  • the model of Device you use, your mobile operating system, number and type of registered Rossmax devices and your region (also referred to as the “Technical Information”);
  • measurement information, entered manually or transferred from your Device, stored and managed in the App, including but not limited to, blood pressure, pulse, irregular heartbeat, body weight, visceral fat, resting metabolism, body mass index, body fat percentage, skeletal muscle percentage, body age, body temperature, blood glucose and/or insulin data, oxygen level, arterial condition (also referred to as the “Measurement Information”)

How we use your information

We will only process your information if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our legitimate interests, as further described below.
We use information held about you in the following ways:
  • For the performance of our agreement with you:
    ◆ Contact Information: to handle your enquiries.
    ◆ User Profile Information: to operate the Service, to handle your enquiries.
    ◆ Technical Information: to handle your enquiries.
    ◆ Measurement Information: to operate the Service, to handle your enquiries
    ◆ General Trackers Information: to operate the Service, to handle your enquiries
    ◆ Log Information: to handle your enquiries
  • For our legitimate commercial interests:
    ◆ Measurement Information: to develop or improve our products and services and to analyze anonymized, aggregated data to understand usage trends and health data trends.
    ◆ User Profile Information: to ask you to fill in questionnaires, to develop or improve our products and services.
    ◆ Log Information: to develop and improve our products and services.
    ◆ General Trackers Information: to develop or improve our products and services and to analyze anonymized, aggregated data to understand usage trends and health data trends.
  • Following your explicit consent:
    ◆ Contact Information: to inform you of products and/or services we offer.
  • Other Processing Grounds:
    ◆ From time to time we will also need to process the information to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How to delete your account

You may request to delete your account by using the ‘delete account’ function within the App, Upon receipt of your cancellation request, we will process your request within 14 calendar days. We will confirm cancellation of your account within 30 calendar days of your request. When your account is cancelled, your User Profile Information and Contact Information is deleted. As a result, your Measurement Information and General Trackers Information is anonymized and cannot be linked back to you.

If you fail to provide information

If you fail to provide the abovementioned information when requested, we will not be able to perform the contract we have with you (for example, to provide you with the service of App or Service). If that is the case, you may be unable to use the App or we have to cancel the Service you have with us.

Disclosure of your information

We will disclose your personal information to our affiliate and/or (other) third parties:
  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the seller or buyer of such business or assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
  • In order to:
    ◆ enforce or apply the Rossmax healthstyle Terms of Use or to investigate potential breaches; or
    ◆ protect the rights, property or safety of Rossmax, our affiliates, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

Transfer of your information outside the EEA

The data that we collect from you will be transferred to, and stored at, a destination inside the European Economic Area (“EEA”). Your personal data will also be transferred to, and used in countries outside the EEA for the purposes described in this Rossmax healthstyle Privacy Statement. Such countries may not have the same level of protection for your information as the country in which you reside. Rossmax guarantees that all such data transfers are in accordance with applicable privacy legislation. Rossmax will enter into ‘Model Clauses’ with entities in such countries. Model Clauses are standardized contractual clauses used in agreements between data controllers (such as Rossmax) and their data processors to ensure that any personal data leaving the EEA will be transferred in compliance with EU data protection law and meet the mandatory requirements.

Security measures

We have implemented technical and organizational measures to protect your information against unauthorized access, use and disclosure. All information you provide to us is stored on secure servers. Any data transfer will be encrypted using Secured Sockets Layer technology (SSL). Where we have given you (or where you have chosen) a password that enables you to access the Service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone including support staff.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Service; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorised access.

Retention of your information

We will retain your information unless you request us to cancel your account.

Your rights

Based on European data protection legislation you have several rights with regards to our processing of your personal data, including:
  • Right of access. You may ask us for confirmation as to whether we process your personal data via the email (rmapp_feedback@rossmax.com). If so, we will grant you access to that personal data and provide you with a copy of the data upon request.
  • Right of rectification. If you discover errors in the personal data that is being processed by us, you have the right of rectification via the email (rmapp_feedback@rossmax.com). Likewise, you have the right to complete the data if incomplete.
  • Right to erasure. You may ask us for erasure of your personal data. Please refer to the process described in section ‘How to delete your account’.
  • Right to restrict. If you want to restrict processing, you cannot continue to use the Service. Please refer to the process described in section ‘How to delete your account’. You may decide to continue to use the App without using the Service.
  • Right to withdraw consent. If you want to withdraw your consent to our processing of your personal data, you cannot continue to use the Service. Please refer to the process described in section ‘How to delete your account’. The lawfulness of processing based on consent before the withdrawal of consent shall not be affected. You may decide to continue to use the App without using the Service.
  • Right to data portability. You may export your personal data by using the ‘export’ function in the App to get a copy of your personal data in a structured, commonly used and machine-readable format.
  • Right to lodge a complaint. In case you may have a question or complaint about how we process your personal data, you may contact us as described in the ‘Contact Us’ section.
  • Right to lodge a complaint with the supervisory authority. You have the right to lodge a complaint with the supervisory authority. The Federal Data Protection and Information Commissioner (FDPIC) is the Switzerland data protection supervisory authority.

Partners

The App may contain links to and from our partners and affiliates. If you follow any of these links, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected by them. Please check their policies before you submit any personal data to them.

Changes to privacy statement

Any changes we may make to our privacy statement in the future will be notified to you when you next start the App. We will ask you to read and accept any such changes to the privacy statement. If you choose to not accept these changes, you cannot continue to use the App.

Contact

If you have any concerns, questions, comments or requests about this document or the App, you may contact us through our representative in the EU via email to rmapp_feedback@rossmax.com, the ‘contact us’ function within the App, or by regular mail to:

Rossmax Swiss GmbH
Widnauerstrasse 1
9435 Heerbrugg
Switzerland

Phone: +41 71 544 43 25
Email: rmapp_feedback@rossmax.com
Website: www.rossmax.com