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Data Protection

Privacy Policy

  1. Scope/Responsibility

  1. This privacy policy („Privacy Policy“) informs you about our policies and procedures on the collection, use and disclosure of data obtained through your access to and use of the services available on the mobile applications („Apps“) and on our website „asate.com“ („Website“). Your access to the Apps and the Website, the use of our services and products are subject to the General Terms and Conditions of Asate („GTC[a]“).
  2. In principle, the following entity („Asate“, „we“ or „us“) is the controller with regard of the data processing in accordance with this Privacy Policy:
Asate AG, Hämmerli 6, 8855 Wangen SZ, Schweiz
You may also contact us at support@silentsleep.training.
  1. We have appointed the following EU representative:
Asate Ltd, 9 the Business Centre, Fonthill Industrial Park, Fonthill Road, Dublin 22, Ireland

  1. Collection of Personal Data

  1. Personal data („Data”) that you enter via online forms on the Apps or the Website or otherwise communicate to us as part of the use of the services are collected. This includes your name, address, telephone number, e-mail, birthday or gender, or any other information that you provide to us, either automatically through your use of technology to access the services or the Apps or on a voluntary basis. However, your Data may also be collected from other sources. This applies in particular to the following personal data:
  1. information from public registers, e.g. the debt collection register;
  2. information from private information providers, e.g. credit agencies, address traders, databases for fraud prevention and combating money laundering etc.;
  3. information from the Internet, media and media monitoring companies;
  4. providers of online services such as internet analytics services;
  5. information from financial service providers when you make payments;
  6. information we receive from the company you work for, e.g. name, contact details, title, position, etc.;
  7. information about you that other persons provide to us, e.g. in the context of administrative or court proceedings or in the context of communication with us.
  1. When you visit or use our website and apps, we automatically collect information such as information about the time of access to our website, the duration of the visit, the pages accessed and information about the type of device you are using. This information is used to improve the way in which our website operates, to improve user-friendliness and for IT security purposes. We also use „cookies“, which are small text files that are temporarily or permanently stored on your device when you visit our website, and similar technologies (see section 8 et seq. below). Some cookies are required for the functionality of the website and are automatically deleted after your visit. Others are used to save settings (e.g. language selection) for a later visit, for statistics on the use of our website and to personalise the content on our website.

  1. Collection of Health Data in particular

  1. In order to provide our services, we also collect information about your medical condition, training frequency, training progress and sound pattern. The collection of data includes the recording of audio files during your training session with the Medical Didgeridoo, which is equipped with a microphone. The Medical Didgeridoo only records data when you start a training session with the app. The recording ends when you end the training session. By linking the data received, we develop a profile of your breathing behaviour.
  2. This is considered processing of special categories of personal data for which we require your express consent.
  3. By checking the respective checkbox when completing your order or creating your user account you agree that we may use your health data collected in connection with the use of the Medical Didgeridoo for the provision of our services on the Apps and the Website. Please note that you can withdraw your consent at any time without affecting the legality of data processing until the withdrawal.
  4. If you are under 16 years of age, we need the consent of your parents so that you can use our services.
  5. By indicating your date of birth, you confirm your age with binding effect. Asate rejects any liability in case of violation.

  1. Purpose of Data Processing

  1. The services available on the Apps and the Website are designed to provide you with training methods against snoring and other breathing disorders by reducing the intensity, duration and frequency of such condition. For this purpose, we have developed the Medical Didgeridoo. Through the targeted training with the Medical Didgeridoo, especially due to the vibrations generated, your respiratory tract will be massaged and your neck musculature may be improved.
  2. In the light of the foregoing, Asate may use the Data for the following purposes:
  1. to communicate with you and with third parties;
  2. customer service;
  3. to provide, maintain, secure and personalize the Website/Apps, online offerings and other infrastructure such as Wi-Fi on our premises;
  4. any contractual performance activities of Asate that require the processing of Data;
  5. the evaluation of your training progress and sound pattern, and associated generation of progress scores and recommendations concerning your training behaviour;
  6. preparation of statistical information in relation to the training services offered by Asate;
  7. design and development of Asate's services and offerings;
  8. advertising and marketing, e.g. by sending target group-oriented information and marketing messages by post and via electronic channels (provided that the recipient has not objected to direct marketing);
  9. ensuring the security and availability of Asate's and/or its service providers’ systems and data;
  10. order and payment processing;
  11. as a result of a business transaction where Asate is attempting to sell itself, or substantially all of its assets;
  12. accounting, archiving, training and other administrative purposes;
  13. to examine and improve our internal processes and to exchange personal data within our affiliated companies;
  14. to examine and comply with legal obligations, including orders from a court or an authority, and to detect and clarify abuses;
  15. to enforce our claims and claims of affiliated companies and to defend against claims against us, our employees, affiliated companies and our contractual and business partners before courts and authorities locally and abroad; or
  16. as required by applicable law.

  1. Disclosure of Personal Data

  1. Our employees have access to your personal data as far as it is necessary for the described purposes and the work of the employees concerned. They act in accordance with our instructions and are bound to confidentiality and secrecy when handling your personal data.
  2. The Data is generally passed on to third parties if and insofar as this is necessary for one of the above-mentioned processing purposes or if you have given your prior consent. Where Asate uses third parties in support of providing the services or the App, these third parties are contractually bound by us to process the Data only as Asate is allowed to do itself and to guarantee the same data security. Such third parties include Google Ireland Limited. Companies affiliated with Asate are not considered third parties.
  3. The recipients of your personal data may be located abroad, including in countries even outside of Switzerland, the EU or the EEA which may not have laws that protect your personal data to the same extent as the laws in Switzerland, the EU or the EEA. If we disclose your personal data to a recipient in such a country, we typically enter into a data transfer agreement including the EU standard contractual clauses[b] to ensure adequate protection of your personal data. Please contact us if you would like to obtain a copy of these contracts as they relate to your personal data.

  1. Duration of Processing and Storage of Data

We retain your personal data for as long as it is necessary for the purposes for which the data is collected, in case of contracts at least for the duration of the contractual relationship. We delete heath data (see section 3) after you have cancelled your user account. We also retain your personal data for as long as we have a legitimate interest in keeping such data, e.g. for documentation and preservation of evidence purposes and for the enforcement and defence of legal claims. We also retain your personal data as long as it is subject to a legal retention obligation.

  1. Data Security

We apply appropriate technical (e.g. encryption, pseudonymization, recording, access restrictions, data backup etc.) and organisational (e.g. instructions to our employees, confidentiality agreements, inspections etc.) security processes to safeguard the security of your personal data and to protect it against unauthorised or unlawful processing and to prevent the risk of loss, unintentional alteration, unintentional disclosure or unauthorised access. However, security risks cannot generally be completely ruled out; certain residual risks are usually unavoidable.

  1. Cookies

  1. Please note that the App and/or the Website uses cookies in order to function properly.
  2. Cookies are small text files which are sent from the relevant web server to the user's browser during the first visit to a website and stored on the user's device or in the browser's cache. The next time you visit this website with the same device, the browser checks whether a cookie already exists. The browser then sends the data stored in the cookie back to the web server. In this way, the web server can determine whether the browser has already visited the website in question.
  3. The data collected with the help of cookies is used by Asate to allow for the functioning of the service, the Website or the App; improve the services and the App or Website; and to analyse your use of the App and/or the Website. Moreover, cookies help us to recognise your preferences and adjust the App or the Website to your areas of interest. The data will not be used for any other purposes, in particular, the data obtained will not be used to identify you personally.
  4. You can set your browser so that no cookies are stored on your hard drive or deleted from the device. However, you should bear in mind that by doing so you may no longer be able to use all the provided functions of the Website in full. The procedure to change the browser settings vary from browser to browser. Information on how to modify or define your browser settings can be found in the "Help" or “Settings” menu of the browser. You can also manage many companies’ cookies used for online advertising via the consumer choice tools created under self-regulation programs in many countries, such as the US-based aboutads.info choices page or the EU-based Your Online Choices.

  1. Google Analytics/Google Adwords

  1. This Website uses Google Analytics, a web analysis service provided by Google LLC („Google“). Google Analytics uses cookies, which are stored on the user's computer and allow an analysis of the use of the Website. The information about your use of this Website generated by cookies (including IP addresses) is usually forwarded to and saved on a Google server in the USA. However, due to activating IP anonymisation on this Website, your IP address is shortened beforehand by Google in member states of the European Union or other states which are parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address forwarded to a Google server in the USA and shortened there. Google will use this information to evaluate the use of the Website, to compile reports on Website activity for Website operators and to provide other services associated with the use of the Website and the Internet. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google.
  2. You can prevent the storage of cookies by setting your browser software. However, we would like to point out that in this case it may not be possible to fully use all functions of this Website. Moreover, you can prevent Google from collecting cookie-generated data about your use of the Website (including your IP address) and from processing these data, if you download and install the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
  3. Furthermore, this Website uses Google AdWords. If you came to our Website via an advertisement placed by Google, Google Adwords will set a cookie on your computer. Note that Google may track your browsing and other activity across websites via the Adwords cookies. The information gathered from the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. The customers will be informed of the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. If you do not wish to participate in tracking, you can refuse to accept the necessary setting of a cookie – for example, by setting your browser to deactivate the automatic setting of cookies in general. Moreover, you can use Google Ads Settings to manage the Google ads you see and opt out of Ads Personalization.

  1. Hotjar

  1. This website uses features of the web analysis service “Hotjar” (Hotjar Inc., Level 2, St. Julian’s Business Centre, 3, Elia Zammit Street, St. Julian’s STJ 1000, Malta) to analyse the use of our website. The obtained statistics are used to improve our services and to make our website more interesting for you as our user. Hotjar uses information on our behalf to evaluate the use of the website and to compile reports on website activities. The information about your use of the website generated by the cookie are generally transmitted to and stored on a Hotjar server.
  2. We use Hotjar’s anonymisation feature. This shortens your IP address and ensures that the analysis data is not personally identifiable. We do not combine the data with other personal data.
  3. You can opt out of the analysis feature by activating the standard “Do not Track” function in your browser. In this case, your personal data is not processed as described above. An explanation on how to activate the “Do not Track” function can be found  here[c] 

  1. Facebook-Pixel

  1. Our website may also use the so-called Facebook-Pixel and similar technologies of Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). We use these technologies in order to display Facebook ads placed by us to users of Facebook and to partners cooperating with Facebook (so-called “Audience Network”) who have shown interest in us or whose characteristics correspond to those which we transmit to Facebook for this purpose (e.g., interest in certain topics or products which are apparent from the websites visited, “Custom Audiences”). We can further use these technologies to track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called “conversion of measurement”). Further information can be found here[d].
  2. Together with Facebook, we are jointly responsible for the exchange of data that Facebook collects or receives through Pixel or other similar features for the display of advertising information that is relevant to user`s interests, the improvement of ad delivery and the personalisation of features and content (but not for further data processing). We have therefore concluded a corresponding supplementary agreement with Facebook. Users can address requests for information and other data subject requests directly to Facebook in connection to the joint responsibility.

  1. Your Rights as a Data Subject

  1. You can object to data processing at any time, especially data processing in connection with direct advertising (e.g. against advertising e-mails).
  2. You have the following rights within the limits set forth in applicable law: You may request to access your personal data as processed by us, to ask us for correction or erasure, to restrict our processing of that information, and object to the processing of your personal data. You have also the right to request that the personal data you have provided to us be returned to you in a structured, commonly used and machine-readable format. You may also withdraw consent without affecting the legality of data processing until the withdrawal. You also have the right to complain to a data protection authority about how we have used your personal data.
  3. If you have such enquiries or any questions or concerns about data protection, please contact us (see section 1)

  1. Legal Basis of Data Processing

  1. We process personal data on the following legal grounds:
  1. for the performance of a contract or for pre-contractual measures upon your request (art. 6 para. 1 lit. b GDPR);
  2. for legitimate interests of Asate or a third party (art. 6 para. 1 lit. f GDPR), this includes, for example, the interest in customer care and communication with customers outside of a contract; in marketing activities; in improving products and services and developing new ones; in combating fraud, and the prevention and investigation of offences; in the protection of customers, employees and other persons and data, secrets and assets of Asate; in the guarantee of IT security, especially in connection with the use of the websites/apps and other IT infrastructure; in the guarantee and organisation of business operations; in the sale or purchase of companies, parts of companies and other assets; in the enforcement or defence of legal claims and in the compliance with legal requirements and internal rules;
  3. based on a consent, where such consent was obtained separately (art. 6 para 1 lit. a GDPR); and
  4. for compliance with legal and regulatory obligations (art. 6 para. 1 lit. c GDPR).
  1. You are generally under no obligation to disclose personal data to us, unless you have a contractual relationship with us that constitutes such an obligation. However, we must collect and process certain data in order to be able to conclude and perform a contract and for the fulfilment of corresponding obligations or which are required by law. It should be noted that the contract will not be concluded resp. our services cannot be provided without disclosure of your data. Moreover, the processing of log data and certain other data when using the website is unavoidable. When communicating with us, we must also process at least those personal data that you provide to us or that we provide to you.