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Privacy policy

 

Privacy Policy

 

GENERAL PROVISIONS

  1. The purpose of the Privacy Policy is to provide the natural person – the data subject – with information on the purpose of the processing of personal data, the legal basis for the processing, the scope of the processing, the protection and the duration of the processing at the time of collection and when processing the personal data of the data subject. This privacy policy (hereinafter referred to as Privacy Policy) is a privacy policy of AVI HSERVICE S.L. Address: CALLE PETUNIA, EDIF. GIGANSOL DEL MAR, NUM 3 PUERTA 124 38683 SANTIAGO DEL TEIDE – (S.C. TENERIFE) NIF Provisional B13919873 (hereinafter referred to as Avi Health ), which has been prepared for the purpose of providing information about the privacy policy of Avi Health, the purposes, legal basis, scope, protection, processing and storage period, sources of Personal Data, recipients of Personal Data, as well as the rights of the Data Subject during the acquisition and processing of Personal Data.
  2. The Privacy Policy shall apply to ensure the privacy and protection of personal data relating to:

2.1. for natural persons – Avi Health clients;

2.2. visitors to Avi Health’s website https://avi-health.com/ as well as the applications (further in text referred to as Apps) available at https://apps.apple.com/il/app/avihealth/id1539652550 and https://play.google.com/store/apps/details?id=com.avihealthyls (hereinafter referred collectively as Customers).

  1. Avi Health cares about the privacy and personal data protection of Clients, respects the rights of Clients to the lawfulness of personal data processing in accordance with the applicable legislation – Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (Regulation), the Personal Data Processing Law and other applicable legislation in the area of privacy and data processing. 
  2. The Privacy Policy applies to the processing of data regardless of the form and/or medium in which the Customer provides personal data (Avi Health website, App, paper or telephone).

CONTROLLER AND CONTACT DETAILS

  1. The controller for the processing of personal data is AVI HSERVICE S.L. Address: CALLE PETUNIA, EDIF. GIGANSOL DEL MAR, NUM 3 PUERTA 124 38683 SANTIAGO DEL TEIDE – (S.C. TENERIFE) NIF Provisional B13919873.
  2. Avi Health will process the Customer’s personal data to the extent and in the manner required and permitted by the laws and regulations of the Kingdom of Spain and the European Union, in accordance with Avi Health’s instructions and using technical and organisational data protection measures.
  3. Contact details for personal data processing: tel. No: +34 623 73 19 24, e-mail address: ozerov@avi-health.com. You can ask questions about the processing of personal data at Avi Health using this contact information or by contacting the Company’s registered office. A request to exercise your rights may be made in accordance with the terms of the Privacy Policy. 

PURPOSES FOR WHICH PERSONAL DATA ARE PROCESSED

  1. In order to provide better and more appropriate products and services to the Customer and to provide, maintain, protect and improve existing products and services, Avi Health processes data collected from the provision of services and Avi Health processes personal data to identify the Customer, administer billing, collect debts from debtors, prevent unlawful acts, handle Customer objections. 
  2. The Privacy Policy provides information on how Avi Health collects, processes, stores, shares, erases and protects Customer Personal Data, thereby ensuring that Customer Personal Data is processed lawfully, fairly and in a manner that is transparent to the Customer. The Privacy Policy applies to Customer Personal Data, any processing of natural person’s personal data and the service provided to the Customer.
  3. Avi Health processes personal data in order to provide quality, timely and convenient service to the Customer during the term of the contractual relationship with Avi Health: 

10.1. to manage the Client relationship (including remotely), ensuring the conclusion and execution of Contracts and the implementation of related processes;

10.2. to investigate Customer complaints and provide support (including technical support) in relation to the services provided;

10.3. to inform the Client about products and services of other companies;

10.4. to develop and bid for new products;

  1. Avi Health processes personal data in order to promote the development of the industry and offer new services to Customers, including the processing of Avi Health customer statistics for market analysis and business model development.
  2. Avi Health processes personal data to establish and maintain Avi Health’s internal processes, document flows and other internal processes (e.g. archiving of contracts and other documents) to the extent necessary and sufficient for that purpose.
  3. Avi Health shall be entitled to process data for the purposes set out below, as well as for other purposes, subject to the Customer’s freely given and unambiguous consent: to promote Avi Health’s image on the market, by sending the Customer nice wishes, awarding bonuses, organising surveys to improve existing products and services, as well as to develop new products.

 

LEGAL BASIS FOR PROCESSING PERSONAL DATA

  1. Avi Health processes Customer Personal Data on the following legal grounds: processing is carried out with the consent of the data subject (Customer) (e.g. when purchasing Avi Health goods or services) (Article 6 (1) (a) of the Regulation); for compliance with laws and regulations, in order to fulfil the Company’s obligations under binding external laws and regulations (Article 6 (1) (a) of the Regulation). Article 6 (1) (b) of the Regulation); processing is necessary for the pursuit or defence of the legitimate interests of Avi Health (e.g. debt collection, direct marketing resulting in new and/or individual offers of Avi Health products and services to the Customer) (Article 6 (1 )(f) of the Regulation); processing is necessary to protect the vital interests of the data subject (Customer) or another natural person (e.g. video surveillance) (Article 6 (1) (d) of the Regulation).
  2. The Customer has the right to withdraw its prior consent at any time through the specified communication channels with Avi Health. The notified changes will take effect within three business days. Withdrawal of consent shall not affect the lawfulness of processing based on consent prior to withdrawal.
  3. Avi Health is prohibited from disclosing Customer Data to third parties, except to persons (including authorities) upon their reasonable request in the manner and to the extent provided for in external laws and regulations or except if the Customer explicitly gave consent to such disclosure.
  4. Contract formation and performance – In order for Avi Health to enter into and perform a contract with a Customer, to provide quality services and to serve the Customer, it must collect and process certain personal data that is collected prior to entering into a contract with Avi Health or during the term of a contract.

 WHAT PERSONAL DATA IS PROCESSED BY AVI HEALTH?

  1. Avi Health processes the following data about the use of products and services for the purposes set out in paragraph 4 of this Privacy Policy:

18.1. customer IP address information;

18.2. cookies (website browsing data) – data about your visit to the Avi Health website https://avi-health.com/ as well as the applications available at https://apps.apple.com/il/app/avihealth/id1539652550 and https://play.google.com/store/apps/details?id=com.avihealthyls (hereinafter referred to as Avi Health website and/or Apps);

18.3. the date, time and volume of internet browsing, location at the time of browsing;

18.4. geographical location information;

18.5. payment transaction details;

18.6. gender, age, weight, height, date of birth, as well as other biological or medical data that is necessary to insure provision of services and products of Avi Health. 

18.7. other personal data, depending on the type of service provided to the Client, upon prior notification to the Client.

 

THE CUSTOMER’S RIGHT TO RESTRICT THE PROCESSING OF HIS/HER DATA

  1. Profiling of customer personal data as data processing:

19.1. profiling means any form of automated processing of personal data which consists in the use of personal data for the purpose of evaluating certain personal aspects relating to a natural person, in particular to analyse or predict aspects of that natural person’s personal preferences, interests, reliability, behaviour, location or movements; 

19.2. when processing the Customer’s personal data, Avi Health may carry out profiling for the purposes of sending greetings, gifts, awarding bonuses, creating and expressing individual offers. Automated individual decisions are made for commercial purposes only and will not have any legal effect on the Customer. The Customer has the right at any time to object to an automated decision and not to be the subject of such decision by notifying Avi Health.

  1. In order to ensure that the Customer is always informed about new, innovative and/or products, services or special contractual terms (e.g. discounts) developed specifically for the Customer in accordance with the legal basis for the processing of personal data set out in Clause 4 of this Policy, the Customer has the right to opt-out of receiving commercial communications at any time and free of charge by notifying Avi Health.
  2. The Customer has the right to object at any time to the profiling of his/her personal data or to opt-out of receiving commercial communications by notifying Avi Health in writing by sending a request/submission to ozerov@avi-health.com signed with a secure electronic signature or by writing to CALLE PETUNIA, EDIF. GIGANSOL DEL MAR, NUM 3 PUERTA 124 38683 SANTIAGO DEL TEIDE. The changes will not affect the lawfulness of the processing of personal data prior to the Customer’s objection and/or opt-out as set out in this paragraph. The Customer has a technical possibility to delete all the data concerning the Customer by clicking on “Delete my account” button then confirming deletion with “Delete button” in the “Settings” of the App. 

PROCESSING OF COOKIES

  1. Cookies are small text files that are created and stored on the Customer’s device (computer, tablet, mobile phone, etc.) when visiting Avi Health websites and/or Apps. Cookies “remember” the user’s experience and basic information and thus improve the user experience on Avi Health’s website and/or Apps.
  2. The use of cookies helps to process the overall user habits and usage history of the Avi Health website and or Apps, diagnose problems and deficiencies in the functioning of the Avi Health website and/or Apps and, collect statistics on user habits, as well as ensure the full and convenient use of the functionality of the Avi Health website and/or Apps.
  3. If the Customer does not wish to allow the use of cookies, the Customer may do so in the settings of their browser, however, this may interfere with or impede the use of the Avi Health website and/or Apps. It is possible to delete the stored cookies by deleting the stored cookie history in the settings section of the browser of your device.
  4. Avi Health’s websites and/or Apps use functional, analytical, advertising and mandatory cookies.

OBTAINING CUSTOMER DATA

  1. Avi Health obtains the Customer’s personal data when the Customer:

26.1. purchase and use Avi Health products or services;

26.2. sign up for newsletters or other services from Avi Health;

26.3. contact the Customer about the product or service used or contact Avi Health regarding a complaint or request for information, identifying the Customer;

26.4. participate in competitions, lotteries or surveys;

26.5. visit or browse the Avi Health website and/or Apps.

26.6. download and use the Apps.

  1. Avi Health may process the Customer’s personal data received from third parties if the Customer has consented to this.
  2. Avi Health may process personal data about the Customer from other companies and partner companies with the prior consent of the Customer.

PROCESSING TIME FOR CUSTOMER DATA

  1. Avi Health will process the Customer’s personal data as long as at least one of the following circumstances exists:

29.1. the Agreement between the Customer and Avi Health is in force;

29.2. the retention period of the personal data is established by or under the laws and regulations of the Kingdom of Spain and the European Union;

29.3. as necessary for the pursuit and protection of the legitimate interests of Avi Health;

29.4. until the Client’s consent to the processing of personal data has been withdrawn.

SHARING OF CUSTOMER PERSONAL DATA

  1. In order to provide the Services to the Customer, Avi Health may share the Customer’s Personal Data with:

30.1. partners or agents involved in the provision of products and services ordered or used by the Client.

  1. Avi Health is obliged to provide information on personal data to the following institutions and services: law enforcement authorities, court or other state and local government authorities, if it results from the regulatory enactments or information request of the relevant authority.
  2. Avi Health will only provide the Client’s personal data to the extent necessary and sufficient in accordance with the requirements of regulatory enactments and the objective circumstances of the particular situation.

PROTECTION OF CUSTOMER DATA

  1. Avi Health shall ensure, keep under review and improve safeguards to protect Customer Personal Data from unauthorised access, accidental loss, disclosure or destruction. To ensure this, Avi Health shall apply modern technology, technical and organisational requirements, including the use of firewalls, intrusion detection, analysis software.
  2. Avi Health shall carefully examine all service providers that process Customer Personal Data on behalf of and on behalf of Avi Health, and shall assess whether the cooperation partners (personal data processors) apply appropriate security measures to ensure that the processing of Customer Personal Data is carried out in accordance with Avi Health’s delegation and the requirements of laws and regulations. Business Partners are not permitted to process Customer Personal Data for their own purposes.
  3. Avi Health shall not be liable for any unauthorised access to and/or loss of personal data where such access or loss is beyond Avi Health’s control, such as due to the Customer’s fault and/or negligence. In the event of a compromise of Customer’s personal data, Avi Health will notify the DPA and, where applicable, the Customer.

CUSTOMER RIGHTS

  1. Contact Avi Health at ozerov@avi-health.com to obtain a copy of the personal data held by Avi Health.
  2. Correct any personal data Avi Health holds about you by contacting ozerov@avi-health.com. 
  3. The Client has the right to obtain information about those natural or legal persons who have received information about that Client from Avi Health within a certain period of time. Avi Health will not provide the Customer with information about public authorities who are the instigators of criminal proceedings, subjects of operational activity or other authorities about which the law prohibits the disclosure of such information.
  4. To request the erasure or restriction of the processing of personal data the processing of which is no longer necessary for the purposes for which it was collected and processed.
  5. The Client shall have the right to the portability of his/her personal data if the processing is carried out by automated means by submitting a written application.
  6. Avi Health is constantly developing its activities and improving the services it provides, so the Privacy Policy may be changed or updated at any time. The current version of the Privacy Policy is posted on Avi Health’s website and/or Apps. Avi Health shall notify the data subject of any changes made if they are significant and may affect the data subject’s rights or freedoms.
  7. To contact Avi Health or the supervisory authority for the processing of personal data in the Kingdom of Spain in relation to questions concerning the processing of personal data.
  8. Contact Avi Health at ozerov@avi-health.com for information about the processing and protection of the customer’s personal data.

OTHER PROVISIONS

  1. Avi Health is constantly developing its activities and improving the Services it provides and, accordingly, the Privacy Policy may be changed or updated at any time. The current version of the Privacy Policy is posted on Avi Health’s website and/or Apps. Avi Health will notify Customer of any changes if they are significant and may affect Customer’s rights or freedom.
  2. In case if the Customer decides to object to procession of personal data by notifying Avi Health or by deleting the account in the App, Avi Health shall no longer be able to provide Services to the Customer, regardless if there were any payments made by the Customer prior to objection to the procession of personal data or deletion of the account in the App. 

SPECIAL PROVISIONS

Gender Selection and Avi Health Services: Understanding the Limitations

  1. At Avi Health, we are committed to providing health-related services that cater to a diverse user base. Our platform offers tracking options for various aspects of health, fitness, and well-being. A crucial part of our service requires the users to input certain demographic information, including their biological gender.

Gender Options in Avi Health

  1. Within the Avi Health app, users are prompted to select between two gender options: male and female. This categorization is utilized solely for tailoring health recommendations and tracking features according to common biological distinctions.

Why Biological Gender?

  1. The choice of male or female options aligns with widely recognized physiological differences that can affect aspects like metabolism, body composition, nutritional needs, and general health markers. By identifying a user’s biological gender, we can provide more personalized recommendations, which might contribute to a better understanding of one’s health.

Special Considerations

  1. We recognize that gender identity is a complex and deeply personal aspect of every individual’s life. However, the Avi Health app relies on biological gender information to provide its services. The following considerations apply:

Transgender and Non-Binary Individuals: We understand that not everyone’s gender identity aligns with their biological sex. If you are transgender, non-binary, or consider yourself to be of a gender other than male or female, please be aware that the app may not be suitable for your specific needs and health considerations.

Hormonal Procedures or Treatments: If you are undergoing gender-affirming treatments, hormone therapy, or any other medical procedure that alters your biological sex characteristics, please note that the Avi Health app might not provide accurate or relevant health information tailored to your unique situation.

Special Medical Conditions: Certain medical conditions might affect biological sex characteristics. If you have any such condition, the app may not be the best option for you.

Disclaimer

  1. The user must choose their biological gender when using the Avi Health app. If the user considers themselves to be of another gender, is undergoing gender-changing procedures, hormonal procedures or treatments, or has other special medical conditions that may affect their biological gender, we strongly recommend not using the app and Avi Health services.
  2. Avi Health does not assume any liability or responsibility for inaccuracies, misunderstandings, or potential harm stemming from the use of the app by individuals whose gender identity or biological sex characteristics differ from the options provided.

We value inclusivity and are continuously working towards improving our services. If you have any concerns, suggestions, or need assistance, please feel free to reach out to us at ozerov@avi-health.com.

 

Last update on 03rd of August 2023.