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Privacy Policy

For the breathment.com website

This Privacy Policy only applies to our breathment.com website.

The Privacy Policy for the Breathment App and the MyClinic web interface can be found under Privacy Policy for our apps.

1 Data controller

The controller pursuant to Art. 24 GDPR is Breathment GmbH, Bahnhofstraße 35a, 79206 Breisach am Rhein, phone: +49 176 80839544, email: info@breathment.com.

2 Data protection officer

You can reach our data protection officer at the following contact details Zell Medical Consulting UG, e-mail: datenschutz@breathment.com.

3 Your rights as a data subject

You have the following rights with regard to the personal data concerning you:

  • Right to information and to receive a copy of your data,
  • Right to rectification,
  • Right to erasure and to be forgotten,
  • Right to restriction of processing,
  • Right to object to processing,
  • Right to data portability.

You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us.

4 Provision of our website

4.1 Purposes

This processing serves the external presentation of our company.

4.2 Types of data

We process your connection data (access data and terminal device data) as categories of data relating to you.

4.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is the implementation of necessary pre-contractual measures and fulfillment of contracts pursuant to Art. 6 para. 1 subpara. 1 lit. b GDPR.

4.4 Necessity

The processing of the above-mentioned data relating to you is necessary for you to contact us. If you do not provide us with the above-mentioned data relating to you, we will not be able to display our website to you.

4.5 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is for the duration of the browser session.

4.6 Recipients

The above-mentioned data relating to you will be transmitted to our website host.

5 Security of the website

5.1 Purposes

This processing serves to ensure the trouble-free operation of the website.

5.2 Types of data

We process your connection data (access data and terminal device data) and your system information as categories of data that can be related to you.

5.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is Art. 6 para. 1 subpara. 1 lit. c in conjunction with Art. 24 and 32 GDPR.

5.4 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is 30 days.

5.5 Recipient

The above-mentioned data relating to you will be transmitted to our website host.

6 Consent Management

6.1 Purposes

This processing serves to manage and document your consent.

6.2 Types of data

We process your consent data as a category of data relating to you.

6.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is our obligation to provide evidence pursuant to Art. 6 para. 1 subpara. 1 lit. c GDPR in conjunction with Art. 5 para. 2 and Art. 7 para. 1 GDPR.

The storage of a cookie on your terminal device, which is technically necessary for the administration of your consent and the documentation of your consent, is Art. 5 para. 2 GDPR in conjunction with Art. 6 para. 1 subpara. 1 lit. c GDPR in conjunction with § 25 para. 2 no. 2 TTDSG.

6.4 Necessity

The processing of the above-mentioned data relating to you is necessary for the fulfillment of our legal obligations.

6.5 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is until you withdraw your consent. We keep a deletion log for three years.

6.6 Recipients

The above-mentioned data relating to you will be transmitted to our content banner service provider, Usercentrics A/S, Havnegade 39, 1058 Copenhagen, Denmark.

7 Contact by telephone, e-mail and post

7.1 Purposes

The purpose of processing contact by telephone, e-mail and post is to respond to inquiries and to acquire customers, process contracts and respond to press and data protection inquiries.

7.2 Types of data

We process your contact details and the content of your inquiry as categories of data relating to you.

7.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is the implementation of necessary pre-contractual measures and fulfillment of contracts pursuant to Art. 6 para. 1 subpara. 1 lit. b GDPR.

7.4 Necessity

The processing of the above-mentioned data relating to you is necessary for the processing of your request. If you do not provide us with the above-mentioned data relating to you, we will not be able to process your request.

7.5 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is six months, unless a contract has been concluded. The data relevant to the contract will then be stored in accordance with the relevant regulations.

7.6 Recipients

The above-mentioned data relating to you will be transmitted to our e-mail host.

8 Contact via contact form

8.1 Purposes

The purpose of processing contact via the contact form is to respond to inquiries and to acquire customers.

8.2 Types of data

We process your name, your e-mail address, the subject of your inquiry and the content of your inquiry as categories of data that can be related to you.

8.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is the implementation of necessary pre-contractual measures and fulfillment of contracts pursuant to Art. 6 para. 1 subpara. 1 lit. b GDPR.

8.4 Necessity

The processing of the above-mentioned data relating to you is necessary for the processing of your request. If you do not provide us with the above-mentioned data relating to you, we will not be able to process your request.

8.5 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is six months, unless a contract has been concluded. The data relevant to the contract will then be stored in accordance with the relevant regulations.

8.6 Recipients

The above-mentioned data relating to you will be transmitted to our e-mail and website hoster and to our processor for our CRM system, HubSpot Inc, 25 First Street, 2nd Floor, Cambridge, MA 02141, USA.

The above-mentioned data relating to you will be transferred to the USA as a third country with an adequacy decision pursuant to Art. 45 GDPR.

9 Marketing tracking

9.1 Purposes

This processing is used to analyze user behavior for conversion tracking.

9.2 Types of data

We process your connection data (access and end device data), your usage data, data on your interaction with our advertisements and your demographic data as categories of data that can be related to you.

9.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is your express consent to the marketing analysis in accordance with Art. 6 para. 1 subpara. 1 lit. a GDPR.

9.4 Storage period

The storage period of Breathment GmbH for this processing of the above-mentioned data relating to you is 14 months for Google Analytics (demographic data two months), 24 months for Google Ads tracking and six months for HubSpot.

9.5 Recipients

The above-mentioned data relating to you will be transferred to our data processor Google LLC, 1600 Amphitheatre Pkwy, Mtn. View, CA 94043, USA, and HubSpot Inc, 25 First Street, 2nd Floor, Cambridge, MA 02141, USA.

The above-mentioned data relating to you will be transferred to the USA as a third country with an adequacy decision pursuant to Art. 45 GDPR.

9.6 Your right to withdraw your consent

You have the right to withdraw your consent at any time with effect for the future. This does not affect the lawfulness of the processing carried out on the basis of your consent up to the point of withdrawal.

You can withdraw your consent to this processing activity at any time by unchecking the marketing analysis box within the cookie banner.

You can withdraw your consent to this processing activity at any time by sending an email to info@breathment.com.

10 Subscription to our newsletter

10.1 Purposes

This processing is for marketing purposes.

10.2 Types of data

We process your e-mail address as a category of data relating to you.

10.3 Legal basis

The legal basis of Breathment GmbH for the registration for our newsletter is your express consent to the newsletter subscription in accordance with Art. 6 para. 1 subpara. 1 lit. a GDPR.

10.4 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is until you withdraw your consent. We keep a deletion log for three years.

10.5 Recipients

The above-mentioned data relating to you will be transmitted to our e-mail and website host.

10.6 Your right to withdraw your consent

You have the right to withdraw your consent at any time with effect for the future. This does not affect the lawfulness of the processing carried out on the basis of your consent until you withdraw it.

You can withdraw your consent to this processing activity at any time by clicking on the unsubscribe link at the end of each newsletter.

You can withdraw your consent to this processing activity at any time by sending an email to info@breathment.com.

11 Instagram presence

11.1 Purposes

This processing serves the external presentation of our company.

11.2 Types of data

We process the content of your request, your user data and the date of communication as categories of data relating to you.

11.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is the implementation of necessary pre-contractual measures and fulfillment of contracts pursuant to Art. 6 para. 1 subpara. 1 lit. b GDPR.

11.4 Necessity

The processing of the above-mentioned data relating to you is necessary for the processing of your request. If you do not provide us with the above-mentioned data relating to you, we will not be able to process your request.

11.5 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is until the deletion of the data within the account by the user or until the deletion of the entire account by the user and 5 years for technically necessary cookies. Without a registered account, the storage period is 5 years for technically necessary cookies.

11.6 Recipients

The above-mentioned data relating to you will be transferred to Meta Platforms Ireland Limited, 4 Grand Canal Place Grand Canal Harbour, Dublin 2, 2 Ireland, and Meta Platforms, Inc, 1 Hacker Way, Menlo Park, California 94025, CA, USA.

The above-mentioned data relating to you will be transferred to the USA as a third country with an adequacy decision pursuant to Art. 45 GDPR.

11.7 Further information on joint controllership

We have entered into a joint controllership agreement with Meta Platforms Ireland Limited, 4 Grand Canal Place Grand Canal Harbour, Dublin 2, 2 Ireland: https://www.facebook.com/legal/terms/page_controller_addendum.

In accordance with this agreement, the company assumes the fulfillment of transparency obligations and you can find out more about the processing of your personal data here: https://www.facebook.com/legal/terms/information_about_page_insights_data.

12 Facebook presence

12.1 Purposes

This processing serves the external presentation of our company.

12.2 Types of data

We process the content of your request, your user data and the date of communication as categories of data relating to you.

12.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is the implementation of necessary pre-contractual measures and fulfillment of contracts pursuant to Art. 6 para. 1 subpara. 1 lit. b GDPR.

12.4 Necessity

The processing of the above-mentioned data relating to you is necessary for the processing of your request. If you do not provide us with the above-mentioned data relating to you, we will not be able to process your request.

12.5 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is until the deletion of the data within the account by the user or until the deletion of the entire account by the user and 5 years for technically necessary cookies. Without a registered account, the storage period is 5 years for technically necessary cookies.

12.6 Recipients

The above-mentioned data relating to you will be transferred to Meta Platforms Ireland Limited, 4 Grand Canal Place Grand Canal Harbour, Dublin 2, 2 Ireland, and Meta Platforms, Inc, 1 Hacker Way, Menlo Park, California 94025, CA, USA.

The above-mentioned data relating to you will be transferred to the USA as a third country with an adequacy decision pursuant to Art. 45 GDPR.

12.7 Further information on joint responsibility

We have entered into a joint controllership agreement with Meta Platforms Ireland Limited, 4 Grand Canal Place Grand Canal Harbour, Dublin 2, 2 Ireland: https://www.facebook.com/legal/terms/page_controller_addendum.

In accordance with this agreement, the company assumes the fulfillment of transparency obligations and you can find out more about the processing of your personal data here: https://www.facebook.com/legal/terms/information_about_page_insights_data.

13 TikTok presence

13.1 Purposes

This processing serves the external presentation of our company.

13.2 Types of data

We process the request content you provide, your user data and the communication date as categories of data relating to you.

13.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is the implementation of necessary pre-contractual measures and fulfillment of contracts pursuant to Art. 6 para. 1 subpara. 1 lit. b GDPR.

13.4 Necessity

The processing of the above-mentioned data relating to you is necessary for the processing of your request. If you do not provide us with the above-mentioned data relating to you, we will not be able to process your request.

13.5 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is with a registered account until the deletion of the entire account by the user as well as technically necessary cookies until they are deleted by the user or browser. Without a registered account, technically necessary cookies are stored in the browser until they are deleted by the data subject.

13.6 Recipients

The above-mentioned data relating to you will be transmitted to TikTok Information Technologies UK Limited, 4 Lindsey Street, Barbican, London, EC1A 9HP, United Kingdom, and TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland.

13.7 Further information on joint controllership

We have entered into a joint responsibility agreement with TikTok Information Technologies UK Limited, 4 Lindsey Street, Barbican, London, EC1A 9HP, United Kingdom, and TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland: https://www.tiktok.com/legal/page/global/tiktok-analytics-joint-controller-addendum/en.

In accordance with this agreement, the company assumes the fulfillment of transparency obligations and you can find out more about the processing of your personal data here: https://www.tiktok.com/legal/page/global/tiktok-analytics-joint-controller-addendum/en.

14 LinkedIn presence

14.1 Purposes

This processing serves the external presentation of our company.

14.2 Types of data

We process the content of your request, your user data and the date of communication as categories of data relating to you.

14.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is the implementation of necessary pre-contractual measures and fulfillment of contracts pursuant to Art. 6 para. 1 subpara. 1 lit. b GDPR.

14.4 Necessity

The processing of the above-mentioned data relating to you is necessary for the processing of your request. If you do not provide us with the above-mentioned data relating to you, we will not be able to process your request.

14.5 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is with a registered account until the deletion of the entire account by the user as well as technically necessary cookies until they are deleted by the user or browser. Without a registered account, technically necessary cookies are stored in the browser until they are deleted by the data subject.

14.6 Recipients

The above-mentioned data relating to you will be transmitted to LinkedIn Ireland Unlimited Company, Gardner House, Wilton Plaza, Wilton Place, Dublin 2, Ireland, and LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale, CA 94085, USA.

The above-mentioned data relating to you will be transferred to the USA as a third country with an adequacy decision pursuant to Art. 45 GDPR.

14.7 Further information on joint responsibility

We have entered into a joint controllership agreement with LinkedIn Ireland Unlimited Company, Gardner House, Wilton Plaza, Wilton Place, Dublin 2, Ireland: https://legal.linkedin.com/pages-joint-controller-addendum.

In accordance with this agreement, the company assumes the fulfillment of transparency obligations and you can find out more about the processing of your personal data here: https://legal.linkedin.com/pages-joint-controller-addendum.

15 Data subject management

15.1 Purposes

This processing serves the data protection compliant handling of data subject rights.

15.2 Types of data

We process all categories of data as categories of data relating to you.

15.3 Legal basis

The legal basis of Breathment GmbH for the processing of the above-mentioned data relating to you is Art. 6 para. 1 subpara. 1 lit. c GDPR in conjunction with Chapter III GDPR.

15.4 Necessity

The processing of the above-mentioned data relating to you is necessary for the fulfillment of our legal obligations.

15.5 Storage period

The storage period of Breathment GmbH for the processing of the above-mentioned data relating to you is three years.

15.6 Recipients

We use the service provider Google Ireland Limited (Firebase Hosting), Gordon House, Barrow Street, Dublin 4, Ireland, to host our website. A transfer of personal data to third countries cannot be ruled out. Appropriate safeguards in accordance with Art. 46 GDPR are in place.