Privacy Policy

Last Updated: June 2024

1. Who is responsible for your personal data?

This privacy policy describes how we collect and process your personal data when you:

• Visit our website;
• Use our services and the AYUN web app;
• Apply for a job with us;
• Provide personal data for other purposes in the context of our business activities.

Contact information

AYUN Schweiz GmbH
Uraniastrasse 18
8001 Zürich
hello@ayun.ch

2. What personal data do we process?

2.1 When you visit our website:

When you visit our website, the server automatically logs general technical visitor information. This includes data such as your device's IP address and operating system, the date and time of use, the website from which you visit us, and the type of browser used to access our website. This data is collected to ensure the security and functionality of the website, analyze user behavior, and improve the online offer.

We also use cookies and other tracking technologies, social media plugins, and embedded media to ensure website functionality, make it more user-friendly, evaluate website usage, gather information to improve our offerings, and for marketing purposes. Cookies are small information files automatically stored on your device when you visit our website. Some cookies are automatically deleted after your visit, while others remain stored for a specific period. We also use third-party cookies, which may result in the third-party receiving your personal data. You can manage your security settings in your browser to block or delete cookies. However, note that our website may not function fully if you block cookies necessary for its operation.

If you contact us via the website (e.g., booking tool, contact form, WhatsApp), we process the contact data you provide and any other personal data arising from the use of the contact channel. This data is processed to respond to your inquiry, provide requested services, and ensure communication with you.

2.2 When you use our services:

When you use our services (e.g., book and attend an appointment, undergo analyses or treatments), we process the following personal data:

• Identification data (name, ID, etc.);
• Contact data (e.g., email address, phone number, etc.);
• Health data (information on general health and lifestyle, any medications, analysis results such as biomarkers, blood pressure values, ECG values, etc.);
• Communication content;
• Payment data;
• Other relevant personal data you provide;
• Technical data if the process takes place through our website (including integrated services).

This data is processed to provide the desired services, efficiently organize and perform analyses and treatments, ensure seamless communication, facilitate contract fulfillment, and properly handle billing and other necessary processes.

Within the AYUN web app, we process the following personal data:

• Login data;
• Contact data (e.g., email address, phone number, etc.);
• Health data;
• Communication content;
• Other relevant personal data you provide;
• Technical data (especially logs, usage data, etc.).

This data is processed to provide personalized functions and services of the AYUN web app, facilitate communication, effectively analyze health outcomes, ensure app security and functionality, and continuously improve the user experience.

Health data is particularly sensitive personal data under data protection laws and is subject to higher protection standards. Thus, in addition to general information about our data processing, this privacy policy includes specific information on how we handle and protect your health data.

2.3 When you apply for a job with us:

When you apply for a job with us, we collect and process the necessary personal data to review your application and conduct the application process. This includes:

• Identification data (name, first name, etc.);
• Contact data (e.g., email address, phone number, etc.);
• Communication content;
• Other data from your application documents;
• Data we may additionally obtain about you (e.g., from professional social networks and publicly accessible internet pages);
• Information from references if you have consented to obtaining references.

If your application is successful, we use the personal data collected during the application process and any additional data you provide to prepare and conclude the employment contract.

2.4 When we receive personal data from you for other purposes in the context of our business activities:

In the context of our business activities, we process personal data from other individuals, such as our contact persons at business partners, suppliers, and service providers. The processed personal data generally includes identification data, contact data, communication content, and any other necessary personal data.

3. For what purposes do we process your personal data?

We process your personal data to:

• Prepare, conclude, fulfill, and enforce contracts in the context of our business activities. This includes contracts for our services, particularly processing your health data to prepare and perform analyses and treatments, visualize and interpret your health status and analysis results in the AYUN web app, and provide personalized treatment and health-related recommendations;
• On the basis of and within the scope of your consent, where relevant. Consent can be withdrawn at any time;
• Comply with legal obligations (e.g., record-keeping obligations for patient files);
• Communicate with you and third parties (also outside the preparation or conclusion of a contract), provide the website and AYUN web app, optimize your user experience, maintain and expand our business relationship with you, improve, expand, and market our offerings, ensure IT security and data protection, and enforce, defend, or protect legal claims.

We create evaluations and statistics based on your data (including health data) to provide personalized treatment and health-related recommendations and for internal research purposes to improve, expand, and market our offerings. Whenever possible, your personal data is anonymized or pseudonymized before evaluation.

Based on our interest in informing people interested in our offering about new developments, we may send you marketing information (e.g., via a newsletter). You can opt out of receiving such information at any time.

4. In what cases do we share your personal data with third parties?

To fulfill contracts, protect our interests, or comply with legal requirements, we may need to share your personal data with third parties. This includes:

• Our IT service providers, laboratory partners, diagnostic device providers, and third-party providers in payment processing, billing, collections, consulting, sales, and marketing;
• Third parties to whom we transfer or merge our business or parts of it;
• Cases where sharing is necessary to (i) comply with a legal obligation, (ii) ensure IT security and data protection, or (iii) enforce, defend, or protect legal claims.
• Sharing of customer data (but never health data) with promotional partners, allowing their customers to benefit from a special offer at AYUN.

We also transfer personal data abroad, particularly to IT service providers with data locations in the EU or EEA. Transfers of personal data outside Switzerland, the EU, and the EEA are limited as much as possible but are not entirely avoidable. These countries include the USA, among others, and generally, the locations of service providers are worldwide. Where these countries do not have a recognized data protection level, we use standard contractual clauses to ensure adequate protection, supplemented with additional security measures where necessary. [If this is exceptionally not possible, we will obtain your consent before such data transfer.]

We may share your data (including health data) with private or public research institutions for research purposes if you (a) have given us your consent, (b) are not identifiable to the research institution (anonymized or pseudonymized data), or (c) do not object to the use for research after appropriate information.

Your primary care physician or another medical provider can access your data in the AYUN web app if you wish.

We do not sell or rent personal data to third parties.

5. Data security

We protect your personal data with appropriate technical and organizational security measures against accidental, unlawful, or unauthorized manipulation, deletion, alteration, access, disclosure, use, or loss. Our state-of-the-art IT infrastructure ensures that our employees only have access to your personal data as required or sensible for their tasks.

Your health data is protected in the AYUN web app and our patient database through the following measures:

• Redundant data storage in Switzerland and Germany;
• Access restrictions;
• Two-factor authentication;
• Encryption in transit and at rest;
• Server access only via SSH protocol;
• Logging of data changes.

6. How long do we retain your personal data?

We store your personal data only as long and to the extent necessary for the described purposes or for legal reasons.

We retain data related to analyses and treatments (patient records) for 20 years for legal reasons. Health data from deactivated AYUN web app accounts is archived accordingly.

7. What rights do you have concerning your personal data?

Under applicable data protection law and as provided therein, you have the following rights regarding your personal data:

• Right to information about the personal data we process;
• Right to correct inaccurate personal data;
• Right to delete your personal data ("right to be forgotten");
• Right to restrict the processing of your personal data;
• Right to data portability (transfer of your personal data to you or a third party);
• Right to object to the processing of your personal data.

Please note that there are exceptions to these rights. In particular, we may be obligated or entitled to continue processing your personal data to fulfill a contract, protect our legitimate interests such as asserting, defending, or protecting legal claims, or comply with legal obligations. In these cases, we may deny or restrict certain requests.

If you withdraw your consent, the processing of personal data collected up to that date remains valid and legally permissible. Withdrawal may affect the type and scope of services we or the service provider offer/provide.

8. Right to complain

If you are not satisfied with how we process your personal data, you have the right to file a complaint with the competent supervisory authority (Federal Data Protection and Information Commissioner - FDPIC). However, please contact us first before filing a complaint so we can try to address your concerns directly and find a solution. The easiest way is to contact us via email at hello@ayun.ch.

9. Links to other websites

Our website may link to third-party websites that we do not operate or control. We are not responsible for whether and how these third parties comply with data protection requirements.

10. Changes to this privacy policy

We may change this privacy policy at any time. New versions take effect for you as soon as we notify you by publishing them on our website.

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