PRIVACY POLICY MOBILE APP

1. Introduction

In the following, we provide information about the collection of personal data when using our mobile app (hereinafter only "App").

Personal data is any data that can be related to a specific natural person, such as their name or IP address.

1.1. Contact details

The controller within the meaning of Art. 4 (7) EU General Data Protection Regulation (GDPR) is Onvy HealthTech Group GmbH, Schloßstraße 19, 82031 Grünwald, Germany, email: contact@onvy.health. We are legally represented by Adrian Kochsiek.

Our data protection officer can be reached via heyData GmbH, Schützenstraße 5, 10117 Berlin, www.heydata.eu, E-Mail: datenschutz@heydata.eu.

1.2. Scope of data processing, processing purposes and legal bases

We detail the scope of data processing, processing purposes and legal bases below. In principle, the following come into consideration as the legal basis for data processing:

● Art. 6 para. 1 s. 1 it. a GDPR serves as our legal basis for processing operations for which we obtain consent.

● Art. 6 para. 1 s. 1 lit. b GDPR is the legal basis insofar as the processing of personal data is necessary for the performance of a contract, e.g. if a user purchases a product from us or we perform a service for him. This legal basis also applies to processing that is necessary for pre-contractual measures, such as in the case of inquiries about our products or services.

● Art. 6 para. 1 s. 1 lit. c GDPR applies if we fulfill a legal obligation by processing personal data, as may be the case, for example, in tax law.

● Art. 6 para. 1 s. 1 lit. f GDPR serves as the legal basis when we can rely on legitimate interests to process personal data, e.g. for cookies that are necessary for the technical operation of our website.

● Art. 9 para. 2 lit. a GDPR is the relevant legal basis for the processing of health data if this is based on the express consent of the data subject. This applies in particular to data collected by fitness trackers, smartwatches (e.g. Apple Watch) or other health apps.

1.3. Data processing outside the EEA

Insofar as we transfer data to service providers or other third parties outside the EEA, the security of the data during the transfer is guaranteed by adequacy decisions of the EU Commission, insofar as they exist (e.g. for Great Britain, Canada and Israel) (Art. 45 para. 3 GDPR).

In the case of data transfer to service providers in the USA, the legal basis for the data transfer is an adequacy decision of the EU Commission if the service provider has also certified itself under the EU US Data Privacy Framework.

In other cases (e.g. if no adequacy decision exists), the legal basis for the data transfer are usually, i.e. unless we indicate otherwise, standard contractual clauses. These are a set of rules adopted by the EU Commission and are part of the contract with the respective third party. According to Art. 46 para. 2 lit. b GDPR, they ensure the security of the data transfer. Many of the providers have given contractual guarantees that go beyond the standard contractual clauses to protect the data. These include, for example, guarantees regarding the encryption of data or regarding an obligation on the part of the third party to notify data subjects if law enforcement agencies wish to access the respective data.

1.4. Storage duration

Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and no legal obligations to retain data conflict with the deletion. If the data are not deleted because they are required for other and legally permissible purposes, their processing is restricted, i.e. the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

1.5. Rights of data subjects

Data subjects have the following rights against us with regard to their personal data:

● Right of access,

● Right to correction or deletion,

● Right to limit processing,

● Right to object to the processing,

● Right to data transferability,

● Right to revoke a given consent at any time.

Data subjects also have the right to complain to a data protection supervisory authority about the processing of their personal data. Contact details of the data protection supervisory authorities are available at https://www.bfdi.bund.de/EN/Service/Anschriften/Laender/Laender-node.html.

1.6. Obligation to provide data

Within the scope of the business or other relationship, customers, prospective customers or third parties need to provide us with personal data that is necessary for the establishment, execution and termination of a business or other relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or to provide a service or will no longer be able to perform an existing contract or other relationship.

Mandatory data are marked as such.

1.7. No automatic decision making in individual cases

As a matter of principle, we do not use a fully automated decision-making process in accordance with article 22 GDPR to establish and implement the business or other relationship. Should we use these procedures in individual cases, we will inform of this separately if this is required by law.

1.8. Making contact

When contacting us, e.g. by e-mail or telephone, the data provided to us (e.g. names and e-mail addresses) will be stored by us in order to answer questions. The legal basis for the processing is our legitimate interest (Art. 6 para. 1 s. 1 lit. f GDPR) to answer inquiries directed to us. We delete the data accruing in this context after the storage is no longer necessary or restrict the processing if there are legal retention obligations.

2. Data processing in the app

2.1. Downloading the app

Our app is ready for download at Apple's App Store and Google's Play Store (hereinafter "Stores"). When users download the app, the necessary information is transmitted to the stores, i.e. in particular user name, e-mail address and customer number of the account, time of download, payment information and the individual device identification number. We have no influence on this data collection and are not responsible for it. We process the data only insofar as it is necessary for downloading the mobile app to the user's mobile device.

Users can also download this mobile app directly to their mobile device via our website. When downloading, further user data is processed via the website, which we inform about in the privacy policy of our website.

2.2. Hosting

Our app is hosted by Amazon Web Services. The provider thereby processes the personal data transmitted via the app, e.g. on content, usage, meta/communication data or contact data. It is our legitimate interest to provide an app, so that the legal basis of the data processing is Art. 6 para. 1 s. 1 lit. f GDPR.

2.3. Informative use of our app

When users use our app, we collect the data that is technically necessary for us to offer users the functions of our app and to ensure stability and security. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.

The data processed to this extent are:

● IP address

● Date and time of the request

● Time zone difference from Greenwich Mean Time (GMT)

● Content of the request (concrete interface)

● Access status/HTTP status code

● Amount of data transferred in each case

● Operating system and its interface

● Language and version of the operating system

2.4. Access to functions or data

The app requests the user's access to functions of the end device or to data of the device in order to be able to execute functions of the app. By allowing access, the user gives consent to the associated data processing, so that the legal basis is Art. 6 para. 1 s. 1 lit. a GDPR. Users can revoke their consent at any time by terminating access in the settings of their end device. The revocation does not affect the lawfulness of the processing until the revocation.

The data processed or access functions used in this respect are

● Camera, sensors and existing photos

2.5. Data processing for the provision of functions

In the app, we process data in order to provide the user with functions of the app. The legal basis for the processing is the usage agreement concluded with the user via the app.

The data processed to this extent are

● Only the data entered into the app by the user themselves

● Public IP address to get the ap. location for weather data, .

2.6. User account

Users can open a user account in the app. We process the data requested in this context to fulfill the respective user contract concluded for the account, so that the legal basis for the processing is Art. 6 para. 1 s. 1 lit. b GDPR. We delete the data when users delete their user account.

2.7. Processing of health data

We process health data in the app in order to offer the user extensive functions for health analysis and monitoring. In particular, this includes data collected by fitness trackers, smartwatches or other wearables and used to measure vital parameters. In addition, this data is used to interact with the “AI Health Coach”, an automated coach that is supported by artificial intelligence (OpenAI) and offers the user personalized recommendations to improve their health. However, no data is transmitted to OpenAI that enables the user to be identified.

The processing of this data is based on the express consent of the user in accordance with Art. 9 para. 2 lit. a GDPR.

The processed data includes:

● Health and activity data collected by compatible trackers and wearables and integrated into the app.

● Health data entered manually by the user.

● Analysis data used to calculate individual health metrics.

The data is only stored for as long as is necessary to provide the aforementioned functions or until the user withdraws their consent. This consent can be withdrawn at any time with effect for the future without affecting the lawfulness of the processing carried out prior to the withdrawal.

2.8. Single sign-on

Users can log in to our app using one or more single sign-on methods. In doing so, they use the login data already created for a provider. The prerequisite is that the user is already registered with the respective provider. When a user logs in using a single sign-on procedure, we receive information from the provider that the user is logged in to the provider and the provider receives information that the user is using the single sign-on procedure in our app. Depending on the user's settings in his account on the provider's site, additional information may be provided to us by the provider. The legal basis for this processing is Art. 6 para. 1 sentence 1 lit. f GDPR. We have a legitimate interest in providing users with a simple log-in option. At the same time, the interests of the users are safeguarded, as use is only voluntary.

Providers of the offered method(s) are:

● Apple Inc., Infinite Loop, Cupertino, CA 95014, USA (Privacy policy: https://www.apple.com/legal/privacy/de-ww/).

● Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (Privacy policy: https://policies.google.com/privacy).

2.9. Purchase of products or services

We offer to purchase goods or services via our app. In the ordering process or shipping, we involve the following service providers, who receive only the personal data required in each case to provide a service. The processing of the data takes place for the performance of the contract concluded with the respective user (Art. 6 para. 1 s. 1 lit. b GDPR).

2.10. Third-party tools

2.10.1. AppsFlyer

We use AppsFlyer for analytics. The provider is AppsFlyer Ltd., 14 Maskit St., Herziliya, Israel. The provider processes usage data (e.g. web pages visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.

The legal basis for the processing is Art. 6 para. 1 s. 1 lit. a GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.

The data will be deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://www.appsflyer.com/legal/privacy-policy/.

2.10.2. Amazon AWS

We use Amazon AWS for hosting. The provider is Amazon Web Services EMEA Sarl, 38 avenue John F. Kennedy, L-1855, Luxemburg. The provider processes usage data (e.g. web pages visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.

The legal basis for the processing is Art. 6 para. 1 s. 1 lit. f GDPR. We have a legitimate interest in maintaining a modern and cost-effective hosting environment.

2.10.3. Firebase Cloud Messaging

We use Firebase Cloud Messaging to communicate with users. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The provider processes usage data (e.g. web pages visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.

2.10.4. YouTube Videos

We use YouTube Videos to share interests in social media. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland. The provider processes usage data (e.g. web pages visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the USA.

The legal basis for the transfer to a country outside the EEA are adequacy decision. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed because the EU Commission has decided as part of an adequacy decision in accordance with Art. 45 para. 3 GDPR that the third country ensures an adequate level of protection.

We delete the data when the purpose for which it was collected no longer applies. Further information is available in the provider's privacy policy at .

2.10.5. Sentry

We use Sentry for monitoring and error tracking in our applications and on our websites. The provider is Functional Software, Inc., 132 Hawthorne Street, San Francisco, CA 94107, USA. We exclusively use the provider’s EU servers, ensuring that the processing of personal data takes place within the European Union.

The provider processes usage data (e.g., visited websites, content interests, access times), content data (e.g., inputs in online forms), and meta/communication data (e.g., device information, IP addresses).

The legal basis for this processing is Article 6(1)(f) GDPR, as we have a legitimate interest in monitoring the functionality and security of our applications.

The data will be deleted once the purpose of their collection is no longer applicable and no legal retention requirements exist. More information can be found in the provider’s privacy policy at https://sentry.io/privacy/.

2.10.6. Terra

We use Terra to integrate data from wearables and other health devices into our applications and websites. The provider is Terra Enabling Developers, Inc., headquartered in Dover, Delaware, USA. We use the provider’s servers, ensuring that the processing of personal data complies with applicable data protection regulations.

Terra allows us to collect and harmonize data from various wearables such as fitness trackers, smartwatches, and other health devices. This data includes usage data (e.g., visited websites, content interests, access times), content data (e.g., inputs in online forms), and meta/communication data (e.g., device information, IP addresses). Integrating this data enables us to provide users with personalized health analyses and recommendations.

The legal basis for this processing is Article 6(1)(f) GDPR, as we have a legitimate interest in the secure and efficient integration of wearable data into our applications.

2.10.7. PostHog

We use PostHog for product analytics and monitoring user interactions in our applications and on our websites. The provider is PostHog, Inc., headquartered in the USA. To comply with European Union (EU) data protection requirements, we use PostHog Cloud EU, which is hosted on servers in Frankfurt, Germany.

PostHog processes usage data (e.g., visited websites, content interests, access times), content data (e.g., inputs in online forms), and meta/communication data (e.g., device information, IP addresses). This data helps us better understand user behavior and optimize our offerings accordingly.

The legal basis for this processing is Article 6(1)(f) GDPR, as we have a legitimate interest in analyzing and improving our applications.

2.10.8. Mailchimp

We use Mailchimp for email marketing and managing newsletter subscriptions. The provider is The Rocket Science Group LLC d/b/a Mailchimp, headquartered in the USA. Mailchimp is certified under the EU-U.S. Data Privacy Framework (DPF), enabling the transfer of personal data from the EU to the USA.

Mailchimp processes usage data (e.g., visited websites, content interests, access times), content data (e.g., inputs in online forms), and meta/communication data (e.g., device information, IP addresses). This data helps us optimize our marketing activities and provide users with relevant information.

The legal basis for this processing is Article 6(1)(a) GDPR, based on the user's consent. Mailchimp offers features such as GDPR-compliant signup forms and double opt-in to ensure consent meets GDPR requirements.

2.10.9. RevenueCat

We use RevenueCat to manage in-app subscriptions and purchases in our applications and on our websites. The provider is RevenueCat, Inc., headquartered in the USA. RevenueCat acts as a data processor under the General Data Protection Regulation (GDPR), while we act as the data controller. This means we are responsible for disclosing and protecting the personal data we transmit to RevenueCat.

RevenueCat processes usage data (e.g., visited websites, content interests, access times), content data (e.g., inputs in online forms), and meta/communication data (e.g., device information, IP addresses). This data helps us better understand user behavior and optimize our offerings accordingly.

The legal basis for this processing is Article 6(1)(f) GDPR, as we have a legitimate interest in analyzing and improving our applications.

2.10.9. OpenAI APIs

We use various OpenAI APIs to provide AI-powered features in our app, including personalized messages, interactive chat functions, and food photo analysis for nutritional assessment. Specifically, we utilize the following APIs:

● Completions API: For generating content in the ONVY Chat interface and personalized messages, such as Morning Summary, Evening Summary, and Workout Summary.

● Batch Completions API: For creating non-time-sensitive messages, such as weekly trend and pattern analyses.

● Vision API: For analyzing food photos to generate nutritional assessments and recommendations.

We ensure that no personally identifiable information (PII) is transmitted to OpenAI. Before any data is shared, personal information is removed using AWS Comprehend.

To improve AI-powered features, we temporarily store anonymized requests and use them for analysis (e.g., Topic Modeling). Any user-specific attribution is deleted within one week.

OpenAI may process data outside the European Economic Area (EEA). The security of data transmission is ensured through appropriate safeguards. For more details on OpenAI’s data processing practices, please refer to their Privacy Policy.

Legal basis for processing:
The use of OpenAI APIs is based on your consent (Art. 6(1)(a) GDPR), which you can withdraw at any time via the app settings.

3. Changes to this privacy policy

We reserve the right to change this privacy policy with effect for the future. A current version is always available here.

4. Questions and comments

If you have any questions or comments regarding this privacy policy, please feel free to contact us using the contact information provided above.