Privacy Policy

  1.   GENERAL

Breathe.me Ltd. (“Breathe.me,” “we,” “our,” or “us”) is the developer and owner of the Peak.me self-monitoring software and system (“System“), provided as part of the services offered by Breathe.me and available for use through Google Play Store.

This privacy policy (“Privacy Policy”) explains Breathe.me’s practices regarding its collection, storage, usage and disclosing of certain information, including Personal Data (as such term is defined below) from Breathe.me’s customers who use the System (“Customer”). Our Customers shall be referred to herein as “you” or “your“.

This Privacy Policy is an integral part of our License Agreement (“Agreement”). Any definitions that are used herein and not defined herein shall have the meaning ascribed to them in the terms and conditions.

  1.  PERSONAL DATA PROCESSING AND LAWFULNESS

We have included information below regarding which types of data are collected and how we process and use your data to inform you about our processing practices and assure you that your Personal Data is treated with respect and in accordance with the applicable data protection legislation when using the System. However, before we address it,  we would like to explain the lawful basis upon which we collect, process, and use your data (as further explained in the table below):

  • If we have a legitimate interest in processing Personal Data, such as for security and verification purposes, as part of our Services; or
  • We will process your Personal Data where you have provided us with your consent to do so if and as required under applicable law.
  1.  INFORMATION WE COLLECT
    1.  Contact Details – In the event you contact us for support or other inquiries you may be requested to provide us with your full name and email address. We will process this information subject to our legitimate interest and use it solely for the purpose of contacting you, responding to your inquiries and providing you with the support or information that you requested. We may process the contents of our correspondence with you in order to improve our customer service and in order to resolve any disputes with you (if applicable).
    2.  Online Identifiers and Technical Non-Personal Data – When you use our System, we may, either directly or indirectly (through our third-party service providers) collect your IP address. We may collect technical Non-Personal Data from you when you access our System as well, such as, your language preference and the actions you take when you use our System. In the event required under applicable law, we will obtain your consent to gather such information. Please note that we do not attempt to analyze or determine your identity based on such information or otherwise combine it with any identified personal information.
    3. When our Customer uses our System, certain information will be uploaded onto our System either automatically or by the Customer himself, including the Customer’s date of birth, gender and certain health information of the Customer including results of physical exams such as, body weight, height, lung function testing, as well as symptoms and inhalers usage if logged into the System. We will have access to the  health information as provided by our Customer  However, Breathe.me is the data processor that provides services to the Customer and does not use the Customer information for any other purpose. Breathe.me may store this information, analyze it and provide a report to the doctors/caregivers  who referred you to our system to help enable them to properly treat and assist You  and in order to enable us to provide our Services. We will retain any such information for as long as needed, subject to applicable law and our customer written instructions.

Finally, please note that some of the abovementioned Personal Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Data and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

  1. HOW WE COLLECT DATA

Depending on the nature of your interaction with us, we may collect information from you in one or both of the following ways:

  • Automatically– we may automatically collect some information from you, such as your IP address, when you use our System.
  • Provided by you voluntarily– we will collect information if and when you choose to provide us with the information, such as via communications with us or when you register for our System, all as explained in this Privacy Policy.
  1.  SHARING INFORMATION WITH THIRD PARTIES 

We may disclose your personal data to any member of our group of companies reasonably necessary for the purposes and on the legal basis set out in this notice.

We may disclose your personal data to our trusted third parties, with whom we have engaged to perform business-related functions on our behalf, including, but not limited to, marketing and distribution of our products, hosting services, database maintenance, and analytics services.

In addition to the specific disclosures of personal data set out in this section, we may disclose your personal data where such disclosure is necessary for compliance with a regulatory obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or an administrative or out-of-court procedure.

  1. DATA RETENTION

We retain the information we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws and our customer written instructions.

  1. USER RIGHTS

Depending on your jurisdiction, data protection and privacy laws provide you with the ability to exercise certain rights regarding your Personal Data that we process such as:

  • The right to access and be informed about how your personal information is being used.
  • The right to access the personal information we hold about you.
  • The right to request the correction of inaccurate personal information we hold about you.
  • The right to request that we delete your data, or stop processing it or collecting it, in some circumstances.
  • The right to request that we transfer or report elements of your data either to you or another service provider.
  • The right to complain to your data protection regulator.
  • The right to complain to a supervisory authority; and
  • To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

Non-Discrimination

We will not discriminate against you for exercising any of your regulatory rights.

You may exercise any of your rights related to your personal data by contacting us by email at support@breatheme.net.

  1.  SECURITY 

We have put in place physical, administrative, and technical procedures and measures designed to help prevent unauthorized access and maintain data security confidentiality.

Although we take appropriate measures to safeguard against unauthorized disclosures of personal data, we cannot assure you that your personal data will never be disclosed, altered, or destroyed in a manner that is inconsistent with this privacy policy.

  1. DATA TRANSFER (To our EU customers – Your Information and Countries Outside of EEA)

The personal data that we process may be transferred to, processed, or stored outside the European Economic Area (“EEA”). 

We are committed to processing any EU personal information in third countries approved as adequate by the European Commission or using the European Commission’s standard contractual clauses.

Further information may be obtained from our Data Protection Officer.

  1.  NO SALE OF PERSONAL INFORMATION

Breathe.me does not and will not sell your Personal Information. However, if in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company.

  1. CHANGES TO THIS PRIVACY POLICY 

Breathe.me reserves the right to amend this privacy notice at our discretion and at any time.

When we make changes to this privacy notice, we will post the updated notice on our Website and application and update the notice’s effective date. Your continued use of our Website and   application following the posting of changes constitutes your acceptance of such changes.

CONTACT US 

Please contact us if you have any questions (or comments) concerning this Privacy Policy, as follows:

  • By email: support@breatheme.net
  • By mail: Breathe.me Ltd. 

13 Zarchin st. Building C

Ra’anana 4366241, Israel