We, Temedica GmbH, Erika-Mann-Str. 21, 80636 Munich, Germany (hereinafter referred to as "Temedica","us" and "we") take the protection of your personal data seriously and would like to inform you at this point about data protection with regard to as a user of our application.
Within the scope of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR in order to ensure the protection of personal data of the person affected by a processing (we also address you as a data subject with "customer", "user", "you", "you" or "data subject" in the following).
Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes in particular the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing in accordance with Articles 13 and 14 GDPR. With this statement (hereinafter "Privacy Notice"), we inform you about the manner in which your personal data is processed by us.
Our data protection notices have a modular structure. They consist of a general part for any processing of personal data and processing situations that come into play each time the App is called up (Part I.: General Information) and a special part, the content of which relates in each case only to the processing situation indicated there with designation of the respective offer or product, in particular the use of the services of the Pelvina brand provided by Temedica (Part II.: Data Processings Pelvina Daily App), which are detailed here. Finally, we inform you about your rights as a data subject in accordance with the data protection provisions of the GDPR (Part III.: Rights to the data subject).
Following the example of Art. 4 of the GDPR, these data protection notices are based on the following definitions:
“personal data” (Art. 4 Nr. 1 GDPR) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
"processing" (Art. 4 Nr. 2 GDPR) means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
"controller" (Art. 4 Nr. 7 GDPR) means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
"third party" (Art. 4 Nr. 10 GDPR) means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
"processor" (Art. 4 Nr. 8 GDPR) means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
"consent” (Art. 4 Nr. 11 GDPR) of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
We are the controller for the processing of your personal data within the meaning of Art. 4 Nr. 7 GDPR:
Temedica GmbH
Erika-Mann-Str. 21
80636 Munich
089 215 544 970
For further information on our company, please refer to the imprint details on our website: https://www.pelvina.com/imprint
Responsible for compliance with data protection is our external Data Protection Officer:
Proliance GmbH / www.datenschutzexperte.de
Leopoldstr. 21
80802 Munich
By law, in principle, any processing of personal data is prohibited and only permitted if the data processing falls under one of the following justifications:
Art. 6 Para. 1 S. 1 lit. a GDPR ("consent"): If the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous confirmatory act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
Art. 6 Para. 1 S. 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures taken at the data subject's request;
Art. 6 Para. 1 S. 1 lit. c GDPR: If the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g., a legal obligation to keep records);
Art. 6 Para. 1 S. 1 lit. d GDPR: If the processing is necessary to protect vital interests of the data subject or another natural person;
Art. 6 Para. 1 S. 1 lit. e GDPR: If the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or
Art. 6 Para. 1 S. 1 lit. f GDPR ("Legitimate Interests"): If the processing is necessary to protect legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular if the data subject is a minor).For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.
For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. If no explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in Germany, subject to any transfer that may take place in accordance with the provisions of these data protection regulations.
However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings, or if storage is required by legal regulations to which we are subject as the responsible party. If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.
We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with Article 32 of the GDPR, taking into account the state of the art, the cost of implementation and the nature, scope, circumstances and purposes of the processing, as well as the varying probability and severity of the risk to the rights and freedoms of natural persons. We use SSL encryption for security reasons and to protect the transmission of confidential content.
As with any larger company, we also use external domestic and foreign service providers (e.g. for IT, logistics, telecommunications, sales and marketing) to process our business transactions. These will only act on our instructions and have been contractually obligated to comply with data protection regulations in accordance with Art. 28 GDPR.
The following categories of recipients, who are usually processors, may receive access to your personal data:
Service providers for the operation of our app and the processing of data stored or transmitted by the systems. The legal basis for the transfer is then Art. 6 Para. 1 S. 1 lit. b or lit. f GDPR, insofar as they are not order processors;
Government agencies/authorities, insofar as this is necessary for the fulfillment of a legal obligation. The legal basis for the transfer is then Art. 6 Para. 1 S. 1 lit. c GDPR;
Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 Para. 1 S. 1 lit. b or lit. f GDPR.In addition, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR. If personal data from you is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.
In the course of our business relationships, your personal data may be transferred or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing is carried out exclusively for the fulfillment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer below at the relevant points.
The European Commission certifies data protection comparable to the EEA standard in some third countries by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html ). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible through binding internal data protection regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognized codes of conduct. We make explicit reference to this at the relevant points, insofar as the use of appropriate safeguards is relevant in accordance with Art. 44 of the GDPR.
By using our app, access to information (e.g. IP address) or storage of information (e.g. cookies) in your terminal equipment may occur. This access or storage may involve further processing of personal data pursuant to the GDPR.
In cases where such access to information or such storage of information is strictly necessary for the technically error-free delivery of our services, your consent is not required.
In cases where such a process serves other purposes (e.g. the needs-based design of our app), this will only be carried out on the basis of sec. 6 para. 2 PECR 2003 with your consent. The consent can be revoked at any time with effect for the future.
For more information on the processing of your personal data and the relevant legal basis in this context, please refer to the following sections on the specific processing activities in our app.
We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
With our app, we offer you the option to strengthen the pelvic floor muscles with the help of audio and video workouts.
When you download our app, register or log in to the app and use the app, certain personal data is processed.
Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
When you download the app, certain required information is transmitted to the app store you have selected (Google Play Store, Apple App Store). In particular, the username, the e-mail address, the customer number of your account, the time of the download, payment information and the individual device identification number may be processed. We have no influence on this data collection and are not responsible for it. The contract is concluded with the respective provider of the store and is handled in accordance with their terms and conditions as well as their privacy policy. Within the scope of your use of the stores, we only process the reviews and associated data published by you on our app and receive anonymous statistics via the stores, e.g. on download figures, uninstalls and crashes.
As part of your use of the app, we collect certain data that is required for the provision and use of the app. The following data is processed for these purposes: internal device ID, version of your operating system, time of access, IP address, content of access.
This data is automatically transmitted to us in order to provide you with the service and related functions and to prevent and resolve misuse and malfunctions.
This data processing is based on our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR in ensuring the functionality and error-free operation of the app.
The app requires the following permissions for the full use of our services acccess to the Internet.
This is required to save your entries on our servers.
You can download our app from the app store without registering with us. Personal data is not collected for us in the course of downloading the app. Nor is any personal data passed on to us by the app store provider. However, you cannot make meaningful use of our apps without registering for our app.
When you create a user account or sign up, we use your credentials (first name, email address and password) to grant you access to and manage your user account ("mandatory data"). Mandatory data is marked as such and is required for the use of the app or the use of further functionalities. If you do not provide this data, you will not be able to create a user account.
As part of the onboarding process, you will be sent a questionnaire to enable optimal use of the app adapted to your needs. The following data will be processed: Reason why using pelvina daily, Status of pregnancy, Year of birth, Amount of children, Age of youngest children, Diseases, Treatments (medication), Symptoms, linked to the user's account. The provision of this health data is voluntary.
In addition, you will be sent weekly questionnaires to monitor your health and progress. The following (health) data will be processed: Evaluation of physical or emotional discomfort, limitations or pain that affect daily living of the user. The questionnaire also serves the purpose of being able to generate an export that the user can share with his health care professional if desired. The provision of your personal health data is voluntary and based on your explicit consent.
When registering, you also have the option to subscribe to our newsletter. This registration is voluntary and based on your express consent (see II. XX).
The data entered during registration is processed for the fulfilment of a contract with the user or for the implementation of pre-contractual measures (Art. 6 S. 1 para. 1 lit. b GDPR). Additional voluntary information is processed on the basis of your voluntarily given consent (Art. 6 Para. 1 S. 1 lit. a GDPR). If, in addition, sensible health data is being processed, this will only be done on the basis of your explicit consent to data processing pursuant to Art. 6 Para. 1 S. 1 lit. a), Art. 9 para. 2 lit. a) GDPR. You can revoke your consent with effect for the future at any time. For this purpose, an informal e-mail to the contact details of the controller mentioned at the beginning of this privacy policy is sufficient. The lawfulness of the data processing already carried out remains unaffected by the revocation.
Furthermore, on the basis of our legitimate interest to ensure the functionality and error-free operation of the app and to detect misuse pursuant to Art. 6 para. 1 lit. f GDPR, the following data will be collected and processed by us when you use the app:
Date of your registration
Date of your last login
If you send us requests via our contact form or email, your details from the contact form or email, including the contact data you have provided there, will be stored for the purpose of processing your request and in the event of follow-up questions. Under no circumstances will we pass on this data without your consent. The legal basis for processing the data is our legitimate interest in responding to your request pursuant to Art. 6 para. 1 lit. f GDPR and, if applicable, Art. 6 para. 1 lit. b GDPR, provided that your request is aimed at concluding a contract.
Your data will be deleted after final processing of your request, provided that there are no legal storage obligations to the contrary. You can object to the processing of your personal data at any time in the case of Art. 6 para. 1 lit. f GDPR.
Freshdesk / Freshworks Inc.
We use the customer support tool Freshdesk from the provider Freshworks Inc, 1250 Bayhill Drive, Suite 315, San Bruno, CA 94066, USA, to process user inquiries more quickly and efficiently.
Freshworks utilizes the user's data only for the technical processing of the inquiries and does not pass them on to third parties. To use Freshdesk, it is necessary to provide at least a correct e-mail address. In the course of processing service requests, it may be necessary to collect further data (e.g. name or address).
If users do not agree to data collection via and data storage in Freshworks' external system, we provide them with alternative contact options for submitting service requests via email, phone or mail.
Since a transfer of personal data to countries outside the EU takes place, further appropriate safeguards are required to ensure the level of data protection under the GDPR. To guarantee this, we have concluded standard contractual clauses with the provider in accordance with Art. 46 Para. 2 lit. c GDPR. These oblige the recipient of the data in the country outside the EU to process the data according to the level of protection in Europe. In cases in which this cannot be guaranteed even by this contractual extension, we endeavour to obtain additional regulations and commitments from the recipient in the country outside the EU.
For more information, users should refer to Freshworks' privacy policy: https://www.freshworks.com/privacy/ .
Your personal data is collected and stored by us for (statistical) analysis of user behavior and for optimization and marketing purposes. To this end, we analyze the following data : . IDFA or Google Play Services ID and anonymized IP¬ and MAC Adress from Users, Email, opt-in yes/no, date of the opt-in, event names triggered by user using in-app features, User IP, traffic source. The collected data is processed on our servers in Germany.
The data processing is based on the consent given by you according to Art. 6 para. 1 lit. a GDPR. This consent is voluntary and can be revoked at any time with effect for the future by sending an e-mail to services@pelvina-daily.de.
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected.
We use your personal data for marketing and optimization purposes, in particular to analyze the use of our app and to be able to improve individual functions and offers as well as the user experience. For this purpose, we use the following data: IDFA or Google Play Services ID and anonymized IP¬ and MAC Address from Users, Email, opt-in yes/no, date of the opt-in, event names triggered by user using in-app features, User IP, traffic source. By analyzing user behavior, we want to increase targeted advertising for specific user groups. The collected data is processed on our servers in Germany.
The legal basis for the processing of personal data in this context is your given consent pursuant to Art. 6 para. 1 lit. a GDPR. This consent is voluntary and can be revoked at any time with effect for the future by sending an e-mail to services@pelvina-daily.de.
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected.
Your personal data is not transferred to third parties, unless
we have explicitly pointed this out in the description of the respective data processing.
you have given your explicit consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
the transfer pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the assertion, exercise or defence of legal claims and our legitimate interests are not overridden by your fundamental rights and freedoms.
there is a legal obligation to transfer data pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, and
required by Art. 6 para. 1 sentence 1 lit. b GDPR for the execution of contractual relationships with you.
In addition, we use external service providers for the processing of our services, whom we have carefully selected and commissioned in writing. They are bound by our instructions and are regularly monitored by us. Required data processing agreements pursuant to Art. 28 GDPR are concluded before the commission. In particular, these contracts concern web hosting services, the dispatch of emails and IT updates and maintenance. Your personal data will not be transferred to third parties by our service providers.
In the following, you will find information about your data subject rights, which the current data protection law grants you against the controller concerning the processing of personal data:
A. The right, pursuant to Art. 15 GDPR, to obtain information about your personal data processed by us. In particular, you may request information about the purposes of processing, the categories of personal data concerned, the categories of recipients to whom your data has been or will be disclosed, the envisaged period for which the data will be stored, the existence of the right to request from the controller rectification or erasure or personal data or restriction of processing of personal data concerning you or to object such processing, the existence of a right to lodge a complaint with a supervisory authority, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved, as well as the significance and the envisaged consequences.
B. The right to obtain without undue delay the rectification of inaccurate personal data concerning you. in accordance with Art. 16 GDPR.
C. The right to request the erasure of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right of freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.
D. The right, pursuant to Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is contested by you, the processing is unlawful, but you oppose the erasure and we no longer need the data for the purposes of processing, but they are required by you for the establishment, exercise or defence of legal claims or you have filed an objection against the processing pursuant to Art. 21 GDPR.
E. The right, in accordance with Art. 20 GDPR, to receive the personal data concerning you, which you have provided to us in in a commonly used and machine-readable format and the right to transmit those data to another controller.
F. The right to withdraw your given consent pursuant to Art. 7 para. 3 GDPR with effect in the future at any time.
G. The right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR, in particular in the Member State of your habitual residence, place of work.
H. The right to withdraw your given consent pursuant to Art. 7 para. 3 GDPR:You have the right to withdraw your given consent concerning the processing of your personal data with effect for the future at any time. In the event of withdrawal, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
I. Right to object
If your personal data is processed by us based on legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR, you have the right, pursuant to Art. 21 GDPR, to object at any time to the processing of your personal data on grounds relating to your particular situation. If the objection is directed against the processing of personal data for the purpose of direct marketing, you have a general right of objection without the requirement of stating a particular situation.
If you wish to exercise your right of withdrawal, objection or any of your other rights, simply send an e-mail to services@pelvina-daily.de.
J. Necessity of providing personal data
The provision of personal data for the decision on the conclusion of a contract, the fulfilment of the contract or for the implementation of pre-contractual measures is voluntary. However, we can only make the decision in the context of contractual measures if you provide such personal data that is required for the conclusion of the contract, the fulfilment of the contract or pre-contractual measures.
K. Automated decision making / profiling
Automated decision making or profiling according to Art. 22 GDPR does not take place.
L. Subject to change
We reserve the right to adapt or update this privacy policy, if necessary, in compliance with the applicable data protection regulations. In this way, we can adapt it to the current legal requirements and take account of changes to our services, e.g. the introduction of new services. The most current version applies to your visit.
Status of this privacy policy: 29.11.2022