Privacy Policy and Terms of Use

INTRODUCTION


Your privacy is very important to us. Please read below to see how BreathTech-S³ handles the information you provide when using your BreathTech-S³ device and its Application. Before you get to the details, here are a few of our fundamental privacy principles:


● Personal information you provide when logging onto the BreathTech-S³ Application and when using the device remains secure and confidential at all times. We do not sell it to any third parties.


● We may aggregate and de-identify certain information generated by our users to further research and other academic and business purposes. None of it is traceable back to you.


● Your personal information cannot be viewed by any other BreathTech-S³ user.


● We give you several ways to control the privacy of your personal information and are continuously working to enhance privacy options available to you.


● BreathTech-S³ respects your privacy and shares your concern about the security of information you may submit to us. Our detailed Privacy policy below explains more about the information we collect, how we use and share it, and how to manage your privacy settings and rights. Please also read our Terms and Conditions for additional information.


PRIVACY POLICY


1. Definition and nature of personal data

 

The term “personal data” encompasses any information that could be used to identify you, such as your name, your email address, your city, your geolocation, or any other information about yourself that you choose to share with us.


2. Purpose of this Privacy policy


The purpose of this Privacy policy is to explain how we collect and process your personal data, how we protect it, and how we help you exercise your rights.

 

We collect and process your personal data in compliance with the European Union’s General Data Protection Regulation (regulation 2016⁄679 of the European Parliament and of the Council of 27 April 2016, hereinafter referred to as the “GDPR”).


3. Identity of the entity responsible for collecting data

 

The entity responsible for collecting and processing your personal data is CirQ Technologies


4. Basis for processing of personal data


We rely on a number of legal bases to collect and process your personal for the purposes described in this Privacy Policy, including:


- As necessary to provide our services through our Application;


- Your consent to our collection and processing of this data;


- A legitimate interest in providing and improving our Application on a sustained basis and keeping the Application safe and secure.

 

 

Your personal data is processed to meet one or several of the following requirements:


- To manage your access to the services provided through the Application and their use;


- To maintain a file of registered members, users and customers;


- To send newsletters, updates and promotional advertisement (you have the possibility to opt-out of receiving such communications at any point);


- To generate service usage statistics that help provide and improve our services;


- To collect customer reviews and feedback on products, services or contents;


- To customize our answers to your support requests;


- To fulfill our legal and regulatory requirements.

 


5. RECIPIENTS OF THE COLLECTED DATA


Your personal data will only be collected by our employees and subcontractors.


We may preserve and share your information with third parties including law enforcement, public or governmental agencies, or private litigants only when compelled to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process.


6. TRANSFER OR SALE OF PERSONAL DATA


Your personal data will not be sold, transferred or rented to a third party.
We may share your de-identified information with third parties and subcontractors or academic institutions who provide services to BreathTech-S³,such as supporting and improving the Application, promoting the Application, processing payments, or fulfilling orders. We may also engage service providers to collect data about your usage of the Application on our behalf, for statistical purposes or so that we or they may promote BreathTech-S³.


These service providers will only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We ensure that we have clear data protection requirements for all of our third-party providers.


7. PERSONAL DATA STORAGE


Your personal data is not stored on any third party servers. All the computations relating to your data are computed in the App.


8. SAFETY


We take your privacy very seriously. As a consequence, we take all necessary precautions, as well as all appropriate organizational and technical measures, to maintain the security, the integrity and the confidentiality of your personal data, and to prevent that they be distorted or damaged, and that they be accessed by unauthorized third-parties.


9. PORTABILITY OF YOUR PERSONAL DATA


You have a right to portability of the personal data you have entrusted to us, understood as the data you have actively and deliberately declared when accessing and using our services. You are reminded that portability right does not apply to data that were processed on a basis other than consent or the execution of a contract between us.


This right may be exercised free of charge, at any time, including when closing your account on the Application for instance, so that you may recover and store your personal data.


In this context, we shall provide your personal data, by any appropriate means, in an open standard, currently used and in a machine-readable format.


10. RESTRICTION OF PROCESSING


You have the right to obtain restriction on the processing of your personal data where one of the following applies:


- When the processing of these data is unlawful and you request the restriction of this processing, instead of erasing your data;


- When we no longer need your personal data, but you require their maintenance for the exercise of legal claims;


- Within the period of verification of the legitimate interests, if you have objected to the processing of your personal data.


11. MODIFICATIONS


We reserve the right, at our sole discretion, to modify this Privacy policy, in whole or in part. Any changes will be effective from the time of publication of the new Privacy policy. Your use of the Application after the changes have been implemented implicitly expresses your acknowledgement and acceptance of the new Privacy policy. Otherwise, and if the new Privacy policy does not suit you, you must no longer use our services.


12. ENTRY INTO FORCE


This Privacy policy came into force on 1st May 2021

 

 

General Terms and Conditions for the use of BreathTech-S³


1. PURPOSE


BreathTech-S³ helps users understand breathing patterns and mask usage as they move around in their day-to-day lives when used with the mobile application and Bluetooth connectivity. BreathTech-S³ is not a medical apparatus and the use does not provide results that may be relied upon for medical purposes.


This product is not designed to prevent or protect from any form of risks to a person's health or safety, illness or disease (or otherwise). It does not cause damages to, nor bring additional risks for, users according to its intended use.


BreathTech-S³ is made of:


- a fashion face mask made out of fabric


- a connected device which captures and registers breathing metrics a mobile application that displays data transferred from the connected device.


2. CONTACT DETAILS


BreathTech-S³ is designed and commercialised by the company Hirdaramani International Exports Pvt Ltd, Level 23 West Tower, World Trade Centre, Colombo-01, Sri Lanka


3. ACCESS TO BreathTech-S³


BreathTech-S³ can be used by:

 

Any person having the full legal capacity to be bound by these terms and conditions of use. Any person who does not have such full legal capacity may only use BreathTech-S³ with the agreement of their legal representative;


Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.


4. ACCEPTANCE OF THE TERMS AND CONDITIONS


Users can accept the terms and conditions by checking a checkbox when setting up the account on the BreathTech-S³ companion application.
The acceptance of the terms and conditions can only be full and complete. Any qualified acceptance is considered as null and void. Any user who does not accept to be bound by the terms and conditions must not use BreathTech-S³.


5. DOWNLOADING THE BreathTech-S³ APPLICATION


Upon receipt of BreathTech-S³ users download the BreathTech-S³ application through the web stores indicated on the site, in particular Apple App Store or Google Play.


Users expressly acknowledge and accept that, when downloading the application, they are subject to the general terms and conditions applicable to these web stores.


Downloading the Application is free of charge.


Once they have downloaded the application, users connect it with BreathTech-S³ by following the process indicated in the user guide.


6. NO RETURN AND REFUND POLICY


For hygienic reasons, this is a final sale and cannot be returned.


7. DEFECTS


If users notice that their BreathTech-S³ sensor has a defect, is non-compliant or damaged, they must inform contact@breathtech.io , indicating the nature of the defect, non-compliance or damage found, and including any supporting documentation, such as a photography of the defected BreathTech-S³ sensor.


BreathTech-S³ sensors defect does not include the following (applicable to all users):


- Any use of BreathTech-S³ that does not comply with its expected or recommended use or with safety guidelines


- Damage caused by accident, abuse, misuse, corrosion, flood, fire, earthquake or other external causes;


- Damage following poor maintenance of BreathTech-S³ by the user or attempt to repair or modify it


- Natural wear and tear;


- The lifetime of the battery;


- Cosmetic damage, including scratches;


- Damage caused by incorrect usage or use with another product;


8. OBLIGATIONS FOR USERS


Users must respect the following obligations.


While using BreathTech-S³, users agree to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.


Users acknowledge having read information on BreathTech-S³ and understood the characteristics and constraints, technical in particular, of the entire range of services. Each user is solely responsible for their use of BreathTech-S³ and of the application. It is the responsibility of the user to ensure that they are of suitable health and medical condition prior to using BreathTech-S³.


Users undertake to use BreathTech-S³ and its application themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences. Users agree not to transfer, sublicense, delegate or assign to any third party, in any way, all or part of their obligations under these terms and conditions, including their access to BreathTech-S³ and the application.


Users agree with the fact that BreathTech-S³ and its application provide them with an additional solution, not an alternative solution, for having knowledge of breathing patterns and mask usage and that this solution cannot substitute other means that users may dispose of elsewhere to reach the same goal.


Users expressly acknowledge that the use of BreathTech-S³ and its application require that they should be connected to the internet with Bluetooth connectivity enabled and that they are solely responsible for such connection.


9. USERS’ GUARANTEE


Each user undertakes to defend, indemnify, and hold BreathTech-S³ harmless from and against any claims, demands, actions and/or grievances whatsoever, that BreathTech-S³ could incur as a result of a breach by this user of any one of its obligations or guarantees under these terms and conditions.


Users undertake to compensate BreathTech-S³ for any prejudice that BreathTech-S³ could be subject to, and to pay any costs, liabilities, charges and / or convictions that BreathTech-S³ could incur, as a result of such a breach.


10. PROHIBITED BEHAVIOUR


It is strictly prohibited to use BreathTech-S³ and its application to the following ends:


- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,


- Violating public order or any local policy or laws,


- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security,


- Sending unsolicited emails and / or prospecting or commercial solicitation,


- Tampering with the aim to improve referencing of another site,


- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,


- And more generally, any action that uses BreathTech-S³ and its application for any other purpose than that for which they were designed.
Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of BreathTech-S³ products.


The following is also strictly prohibited:


- any behavior that would interrupt, suspend, slow down, or prevent continuity of BreathTech-S³ and its application,


- any hacking or attempts to hack into BreathTech-S³ IT systems,


- any hijacking of BreathTech-S³ and its application’s system resources,


- any acts that would place a disproportionate load on the BreathTech-S³ infrastructure,


- any attempts to breach BreathTech-S³ security and authentication structures,


- any acts that could infringe on the rights and financial, commercial, and moral interests of BreathTech-S³ or of the users of its products and finally, more generally,


- any breach of these terms and conditions.


11. SANCTIONS FOR BREACHES


In the event of a breach by a user of any of the provisions of these terms and conditions or more generally, of any infringement by the former of any laws and regulations in force, BreathTech-S³ reserves the right to take any measures it deems appropriate and in particular:


- To suspend, cancel or access to BreathTech-S³ and its application for any user who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,


- To publish on the application or on BreathTech-S³ website any related informational message that BreathTech-S³ deems useful,


- To inform any relevant authorities,


- To commence and prosecute any legal proceedings.


Liability and guarantee of BreathTech-S³


BreathTech-S³ undertakes to provide its services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by users.


More specifically, users expressly acknowledge and accept that BreathTech-S³ and its application are aimed at providing information on the breathing patterns and mask usage.


BreathTech-S³ does not guarantee to the users that BreathTech-S³ and its application, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects. In any event, BreathTech-S³ reserves the right to interrupt access to BreathTech-S³ and its application momentarily for maintenance purposes.

 

In the same way BreathTech-S³ shall not be held liable if the application is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside BreathTech-S³ control, force majeure, or due to any disruption in the telecommunications network.


BreathTech-S³ cannot be held responsible for any failure or delay in the delivery of BreathTech-S³ due to users, force majeure or any unforeseeable and unavoidable act of a third party, such as disruption or partial or total strikes of postal services, transport channels or communications.


In any event, any liability that could be incurred to users by BreathTech-S³ within the context of these terms and conditions is expressly and solely limited to direct actual damages suffered by users.


SUBJECT TO OUR RETURN POLICY, BreathTech-S³ AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THEM IS AT YOUR OWN RISK, AND IN NO EVENT WILL BreathTech-S³ BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF BreathTech-S³ AND ITS APPLICATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT BreathTech-S³ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND BreathTech-S³ HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BreathTech-S³ LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO BreathTech-S³ BY YOU FOR THE PURCHASE OF BreathTech-S³ THAT GIVES RISE TO THE CLAIM.


12. BreathTech-S³ INTELLECTUAL PROPERTY


These terms and conditions do not confer to the users any intellectual property rights relating to BreathTech-S³ and its application, which remain entirely and exclusively the property of BreathTech-S³. The users only have a license of use of BreathTech-S³ and its application within the limits of these terms and conditions.


The systems, software, structures, infrastructure, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by BreathTech-S³ are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without BreathTech-S³ authorization, is strictly prohibited and could lead to prosecution.


13. PERSONAL DATA


BreathTech-S³ practices a policy of protection of personal data, the characteristics of which are detailed in the document “Privacy Policy”, which users are expressly invited to read.


14. CUSTOMER REFERENCES


Users who are entities expressly authorize BreathTech-S³ to cite and use as appropriate a reproduction of their trademark or logo as customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.


15. CANCELLATION OF TERMS OF THE SERVICES


Subscription to the terms and conditions is taken out by users for an unlimited term.


Users can opt out of using BreathTech-S³ and its application at any time, by uninstalling the application.


16. AMENDMENTS


BreathTech-S³ reserves the right to amend the terms and conditions at any time.


Users shall be informed of these amendments through any pertinent channel.


Any user who does not agree with the amended terms and conditions must cease using the BreathTech-S³ and its application according to the provisions set out in paragraph “Cancellation of Terms of Services”.
Users who continue to use BreathTech-S³ and its application after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.


17. LANGUAGE


In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.


18. LAW AND JURISDICTION


These terms and conditions are subject to the Laws of England and shall be interpreted and governed by such.