PRIVACY POLICY
1. INTRODUCTION
This Privacy Policy explains the types of personal data that we, VELDT Inc. of 2-D 5-18-10, Jingumae, Shibuya-Ku Tokyo, Japan ("VELDT", "us" or "we"), may collect and hold through the "you'd" mobile application (and any improvements, modifications, enhancements, fixes, update, upgrades, and future versions thereto which are provided by VELDT) (the "Software") and/or the services provided by VELDT through the Software (the "Services"), how your personal data is used and with whom the data is shared. It also sets out how you may exercise your rights and how you can contact us if you have any queries or concerns about our processing of your personal data.
1.1 Applicability of this Privacy Policy
This policy applies only to personal data that we collect from you, or that you provide to us, through the Software and/or the Services and not to any data that we collect through other methods or services, including websites owned or operated by us, our affiliates, vendors or partners, please see separate policies for such methods.
This policy together with Terms of Use ("Terms") explains how any personal data or other data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
2. CONTROLLER OF YOUR PERSONAL DATA AND CONTACT INFORMATION
VELDT Inc. (CEO: Jin Nonogami) of 2-D 5-18-10, Jingumae, Shibuya-Ku Tokyo, Japan is the controller of your personal data. If you have any questions about our processing of your personal data or this Privacy Policy, please feel free to contact us at:
Mail: 2-D 5-18-10, Jingumae, Shibuya-Ku Tokyo, Japan
(Attn: Personal information consultation desk)
Visiting address: 2-D 5-18-10, Jingumae, Shibuya-Ku Tokyo, Japan
Phone: 03-6427-4457
E-Mail: contact@veldt.jp
3. CATEGORIES OF PERSONAL DATA, PURPOSE AND, FOR EU DATA SUBJECTS, THE LEGAL BASIS FOR WHICH THE WE PROCESS YOUR PERSONAL DATA
3.1 Data processed locally by the Software
The Software processes and analyzes the following personal data to provide you with data relevance and notifications, including discoveries for your physical condition improvement:
| Categories of personal data | Source | Purpose | Legal basis (for EU data subjects) |
|---|---|---|---|
| The year and month of birth, gender, area, and height inputted by you into the Software | Yourself | Provide you with the services you have requested | Necessary for the performance of the contract. |
| Physical condition, body parts and symptoms when you are not feeling well, and symptoms and body parts of concern inputted by you into the Software (“Condition Data”) | Yourself | Provide you with the services you have requested | Your consent |
| Activities, food, alcohol drinking, smoking inputted by you into the Software (“Activity Data”) | Yourself | Provide you with the services you have requested | Your consent |
| Health data stored in Apple Healthcare and Google Fit, etc. that you permit to input into the Software (activity, number of footsteps, heart rate, body temperature, maximum oxygen uptake, walking time, walking distance, running time, running distance, swimming distance, bicycle time, bicycle mileage, speed, exercise time, energy consumption, standing time, body weight, waist circumference, body fat percentage, skeletal muscle ratio, basal metabolism, blood pressure, respiratory rate, blood sugar level, oxygen saturation, time of sleeping, sleep efficiency, workout, nutrition intake data, and physiological record) (“Health Data”) | Collected from your device. | Provide you with the services you have requested | Your consent |
| Location data recorded by your mobile phone or other device, including real time geographic location of your mobile phone or device, that you permit to input into the Software | Collected from your device. | Provide you with the services you have requested | Necessary for the performance of the Services(contract) |
| Event data recorded in calendar application that you permit to input into the Software (“Calendar Data”) | Collected from your device. | Provide you with the services you have requested | Necessary for the performance of the Services (contract). Should the data contain sensitive data within the meaning of article 9 of the GDPR the processing is instead based on your consent. |
Above data processed by the Software is anonymised locally through the Software and then sent to VELDT's server, as stated in Section 3.3 below.
3.2 Data Stored in VELDT's servers
If you use the free cloud service described in Article 3.1(a) of the Terms ("Free Cloud Service") or the paid cloud service described in Article 3.1(c) of the Terms ("Paid Cloud Service"), VELDT will, based on your consent, transmit the following personal data that you have inputted or permitted to input into the Software to VELDT's server and store them on VELDT's server:
| Data processed by the Software and will be sent to VELDT | Source | Purpose | Legal basis (for EU data subjects) |
|---|---|---|---|
| Data regarding the year and month of birth, gender, area, and height inputted by you into the Software, singular data will be deleted or categorized | Yourself | Creating post-learning model data, enhancing function of the Software and creating statistics data and sharing with third parties | Your consent |
| Data regarding physical condition, body parts and symptoms when you are not feeling well, and symptoms and body parts of concern inputted by you into the Software (“Condition Data”), singular data will be deleted or categorized | Yourself | Creating post-learning model data, enhancing function of the Software and creating statistics data and sharing with third parties | Your consent |
| Activities, food, alcohol drinking, smoking inputted by you into the Software (“Activity Data”), singular data will be deleted or categorized | Collected from your device. | Creating post-learning model data, enhancing function of the Software and creating statistics data and sharing with third parties | Your consent |
| Data regarding health data stored in Apple Healthcare and Google Fit, etc. that you permit to input into the Software (activity, number of footsteps, heart rate, body temperature, maximum oxygen uptake, walking time, walking distance, running time, running distance, swimming distance, bicycle time, bicycle mileage, speed, exercise time, energy consumption, standing time, body weight, waist circumference, body fat percentage, skeletal muscle ratio, basal metabolism, blood pressure, respiratory rate, blood sugar level, oxygen saturation, time of sleeping, sleep efficiency, workout, nutrition intake data, and physiological record) (“Health Data”), singular data will be deleted or categorized | Collected from your device. | Creating post-learning model data, enhancing function of the Software and creating statistics data and sharing with third parties | Your consent |
| Weather data derived from location data recorded by your mobile phone or other device that you permit to input into the Software | Collected from your device. | Creating post-learning model data, enhancing function of the Software and creating statistics data and sharing with third parties | Your consent |
| Data regarding event data recorded in calendar application that you permit to input into the Software, data will be categorized | Collected from your device. | Creating post-learning model data, enhancing function of the Software and creating statistics data and sharing with third parties | Your consent |
If you use the Plug-in Service described in Article 3.1(d) of the Terms, VELDT will receive your data held by an external company selected by you from such external company and your data will be stored by VELDT as your data. Including the data received from such external company, your data will be processed to provide you with services, including discoveries for your physical condition improvement and data relevance.
If you use the Paid Cloud Service described in Article 3.1(c) of the Terms, VELDT will process data stored on VELDT's server to provide you with advanced services, including seasonal change features, comparison with averages, and display of physical condition trend alerts.
3.3 Data collected by VELDT when creating your account
VELDT collects the following data from you when you create your account:
| Category of personal data | Source | Purpose | Legal basis |
|---|---|---|---|
| Your email address and password, or login information of Facebook/Google/Apple, etc., | Yourself | Creating and administrating customer's account. | Necessary for the performance of the Services (contract) |
3.4 Anonymised data collected by VELDT from the Software
If you wish the data listed in Article 3.1 to be stored on VELDT's servers, VELDT will store and process these data based on your agreement. The purpose of use in such a case is to provide the services you have requested, respectively indicated in Article 3.1, which is the legal basis.
VELDT's servers process the model data of several Customers to create post-training model data after the processing in the software program described in Article 3.2. The Post-Learning Model Data will be used to enhance the functionality of the Software and in other services provided by VELDT, and will be shared with third parties (partners, advertisers, trade associations, media, and / or the general public) in a manner where you cannot be identified from this information.
3.5 Data for Free Local Service
If you use the Free Local Service described in Article 3.1(b) of the Terms, your data will be stored and processed in the Software, and your data described in Article 3.1 of this Privacy Policy will not be sent to VELDT's server. However, the Software will transmit anonymized data to VELDT's servers after the anonymization process described in the table in Article 3.4 of this Privacy Policy, and such data will be stored as anonymous data on VELDT's servers. However, you understand and agree that in very exceptional cases, data collected by VELDT may remain personally identifiable to you. In such case, VELDT will treat such data as non-anonymized data.
VELDT processes anonymized data of multiple customers to create post-learning model data in the same manner as in Article 3.4 of the Terms. Post-learning model data is used to enhance function of the Software. And statistics data of anonymized data is shared with third parties (partners, advertisers, trade associations, media, and / or the general public) in a manner where you cannot be identified from this information.
If you request a storage service and use a coupon issued by a company other than VELDT, VELDT will receive, store and process your data possessed by the company that issued the coupon as your data.
3.6 Giving and withdrawal of consent
You provide your explicit consent to our processing of your personal data for the purpose to provide you with your requested service (including Health Data), by clicking the consent button that pops up when you have downloaded the Software and when first logging in to the Services. Please note that you may always withdraw your consent and if so, we will not collect any new personal data for the purposes that was based on your consent. If you withdraw your consent, we will also cease all consent-based processing and erase such data. Please note that if you withdraw your consent, we are not able to provide you with the Services. Also, please note that your withdrawal will not affect our right to process your data when such processing is necessary to the extent, we are required to process your data by law or to defend ourselves in a dispute.
If you wish to withdraw your consent, please use our “withdrawal from the membership” button under your account settings or contact us at contact@veldt.jp.
3.7 New function or Additional purposes
If we would like to use your personal data for a new function or other additional purposes, we will notify you and make sure that we have legal basis for such processing.
Please note that in the case where the new function is provided by a third party and VELDT does not collect and use personal data collected according to the new function, such personal data will be treated in accordance with the privacy policy provided by the third party.
4. MANDATORY PERSONAL DATA
The collection of personal data for the purpose of providing your requested service as well as other personal data which is for example necessary for the performance of the Terms (contract) are mandatory in order for us to be able to provide you with the Services. If do not provide the personal data we may not provide the Services to you. We always inform you about which data that are mandatory.
5. SHARING PERSONAL DATA WITH OTHERS
In general, we do not sell, rent or otherwise disclose personal data to third parties without your consent. However, we may share your personal data in the following situations:
5.1 Sharing with our service providers
We may use third party service providers to process your personal data on our behalf in connection with providing you the Services. Our service providers operate only in accordance with our instructions as data processors, in line with this policy, and are subject to appropriate confidentiality and security obligations. We do not authorize any of our suppliers to make any other use of your personal data.
5.2 Sharing with our service providers of optional service
We may provide optional services by collaborating with third party service providers and may share your personal data with them, depending on such services, to fulfil our contractual obligations to you or them. Before such sharing, we will notify you about the purpose and legal basis for doing so for each optional service.
5.3 Sharing for legal purposes
We may also share your personal data to the third parties in the following cases.
- Cases in which sharing personal data is based on laws and regulations.
- Cases in which sharing personal data is necessary for the protection of the life, body or property and in which it is difficult to obtain your consent.
- Cases in which sharing personal data is necessary for improving hygiene or promote the sound growth of children, and in which it is difficult to obtain your consent.
- Cases in which sharing personal data is necessary for cooperating with a central government organization or a local government, or a person person or entity entrusted by one in executing the operations specified by laws and regulations, and in which obtaining your consent might impede the execution of the operations concerned.
6. PLUG-IN SERVICE
In the event that you using the Free Cloud Service or the Paid Cloud Service request to use the Plug-in Service as set forth in Article 3.1(d) of the Terms, VELDT will, based on your consent, disclose your user ID created by VELDT to an external company to which you have agreed for the purpose of providing the Plug-in Service, and VELDT will receive your data held by such external company and store it in association with your data stored on VELDT's server. You may receive services of data relevance and discoveries for your physical condition improvement analyzed based on your data including data received by VELDT from such external company.
VELDT will keep receiving your data held by such external company from such external company until you withdraw your consent for the Plug-in Service.
VELDT processes data received from such external company into anonymized and de-identified form and then stores anonymized data to VELDT's server. As in Article 3.4 of this Privacy Policy, VELDT processes anonymized data of multiple customers stored in VELDT's server to create post-learning model data. Such post-learning model data is used to enhance function of the Software. Statistics data of anonymized data is shared with third parties (partners, advertisers, trade associations, media, and / or the general public) in a manner where you cannot be identified from this information.
7. DISCLOSURE SERVICE TO AN EXTERNAL COMPANY THAT PROVIDES ONLINE HEALTH CONSULTATION AND ONLINE MEDICAL SERVICES
In the event that you using the Free Cloud Service or the Paid Cloud Service request to disclose your personal data to an external company providing online health consultation and online medical services as described in Article 3.1(e) of the Terms, VELDT will, based on your consent, disclose your Condition Data and Health Data in non-anonymized form described in Article 3.2 of this Privacy Policy together with your user ID created by VELDT to the external company providing such online service for using such online services.
Your Condition Data and Health Data will be kept disclosed to such external company until your consent is withdrawn.
8. STORING PERSONAL DATA
The data described in Articles 3.2 and 3.3, as well as your personal data collected in Japan if you choose to store it on VELDT's server, will be stored on the server located in Japan and will not be transferred to servers in countries outside Japan.
Notwithstanding anything to the contrary herein, we reserve the right to store your personal data in accordance with this Privacy Policy to the extent necessary for the purpose for which the data was collected and for the purpose to perform our contractual obligations to you, and to the extent we are required to process your data by law or in order to defend ourselves in a dispute, to prevent fraud or abuse, or to enforce our Terms.
Please note that if you withdraw your consent regarding our processing of personal data for the purpose to provide you with the Services (including Condition Data and Health Data) we will erase such data.
9. YOUR RIGHTS
You have certain specific legal rights that you can enforce against us A summary of these rights follows below. If you wish to make a claim against VELDT under each of these provisions pursuant to Articles 7.1 through 7.5, please contact us by email at contact@veldt.jp.
However, these your rights do not extend to anonymised data as described in Article 3.3, and we shall have no obligations with respect to anonymous data.
9.1 Right of rectification
You have the right to request rectification of inaccurate personal data concerning yourself, and to complete incomplete data.
9.2 Right of cease
Under certain circumstances, you are entitled to request that we cease using your personal data or providing your personal data to the third party, for example in the following events.
- When your data is handled beyond the scope necessary to achieve the purpose of use without your consent.
- When your data is used in a manner that may encourage or induce illegal or unjust acts.
- If your data was obtained through deception or other wrongful means.
- When it is no longer necessary for us to process your data taking consideration the purposes for which it was collected.
- When your data is leaked.
- When there is a risk of harm to your rights or legitimate interests.
- When your data is provided to a third party, other than a subcontractor, without your consent.
In certain cases, we must save your personal data despite your request owing to legal requirements such as accounting and tax legislation, or for example if we need to retain certain data in order to establish, enforce or defend a legal claim.
9.3 Right of erasure
Under certain circumstances you are entitled to request that we erase your personal data, for example in the following events.
- When our processing is based on your consent and you have withdrawn your consent, and there is no other legal basis for the processing of your data.
- When our processing of your data is based on a legitimate interest legal basis and you object to such processing, and there is no overriding legitimate ground for our processing.
- When your personal data has been unlawfully processed.
- When the personal data must be erased for compliance with a legal obligation that applies to us.
- When the personal data collected concerns a child (under 13 years of age).
- When it falls under any of grounds for which you can request cease of use as listed in Article 7.3 (a)-(f)
In certain cases, we must save your personal data despite your request owing to legal requirements such as accounting and tax legislation, or for example if we need to retain certain data in order to establish, enforce or defend a legal claim.
9.4 Right of restriction
You have the right to demand a restriction on our processing of your personal data in certain cases. If, for example, you have contested the fact that your personal data is correct, you can request a restriction on processing for a period of time that will give us the opportunity to check if your personal data is correct.
9.5 Disclosure of your personal data and notification of purpose of use
You have the right to request that the personal data which you have provided to us shall be disclose to you and you also have the right to request that we notify you of the purposes of use of your personal data. We will respond to your request to the extent reasonable and as soon as possible.
We will charge a fee of JPY 1,404 for disclosure of personal data and JPY 404 for notification of the purpose of use of your personal data. However, if additional costs are required, such as a request for special means of disclosure or notification, we may charge additional fees by taking into account such costs.
Please note that in the following cases, we may refuse to disclose personal data in accordance with laws and regulations.
- When there is a possibility of harming your or third party's life, body, property or other rights and interests.
- When there is a possibility of significant hindrance to the proper conduct of VELDT's business.
- When it is violating other laws or regulations.
9.6 Right to lodge a complaint
Please note that if you consider the processing of your data to be in violation of Act on the Protection of Personal Information, you have the right to lodge a complaint with a supervisory authority.
10. CHILDREN
We do not knowingly seek or collect personal data from or about children that are under the age of 13 without the consent of a parent or guardian.
If we become aware that personal data that has been submitted to relates to a child under 13 without the consent of child's parents or guardians, we will use reasonable efforts to:
- delete that personal data from its files as soon as possible
- ensure, where deletion is not possible, that this personal data is not used further for any purpose, nor disclosed further to any third party
Any parent or guardian with queries regarding our processing of personal data relating to their child should contact us using the details provided in the “Controller of your personal data and contact information” Article 2 above.
11. HOW WE DO TO PROTECT YOUR PERSONAL DATA?
We take reasonable steps to protect your information from unauthorised access, use or alteration and unlawful destruction, including pseudonymisation and encryption of personal data, access right control, use of redundant servers, backup and so on, where appropriate. If you would like to obtain further information regarding the protecting measure, please contact us at contact@veldt.jp.
12. CHANGES TO THIS PRIVACY POLICY
We reserve the right to change or add to this Privacy Policy from time to time and will notify any revisions through the Services or by posting the Privacy Policy within the app.
Effective Date
29 April 2022, Version 1.0
5 August 2022, Version 2.0
1 May 2023, Version 3.0
[1]Article 9 of GDPR provides treatment of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health and data concerning a natural person's sex life or sexual orientation.