Privacy Policy

1. Content/Responsibility

1. This Privacy Policy (“Privacy Policy”) informs you about how your personal data, which we receive in the context of your use of our services on the mobile applications (“Apps”) and on our website “asate.com” (“Website”), is collected, processed, and shared. Access to and use of our App and Website services are subject to Asate's General Terms and Conditions (“GTCs”).

2. The following company is generally responsible for the data processing described in this Privacy Policy (“Asate”, “we”, or “us”):

Asate AG, Hämmerli 6, 8855 Wangen SZ,  Switzerland

You can also contact us at support@silentsleep.training .

3. We have also appointed the following company as our representative in the EU:

Asate Ltd, 9 the Business Centre, Fonthill Industrial Park, Fonthill Road, Dublin 22, Ireland

2. Collection of Personal Data

1. Asate collects personal data (“Data”) that you provide to us through the use of our services via the online forms on our Apps and our Website or communicate to us in other ways. This includes, for example, your name, home address, phone number, email, date of birth, or gender, as well as other information that is either automatically transmitted to us through the use of our services and the Apps or voluntarily provided to us. Your data may also be collected from other sources. This particularly concerns the following personal data:

1. Information from public registers, e.g., the debt collection register;

2. Information from private information providers such as credit bureaus, address dealers, databases for fraud prevention and anti-money laundering, etc.;

3. Information from the internet, media, and media monitoring companies;

4. Providers of online services such as providers of internet analysis services;

5. Information from financial service providers when you make payments;

6. Information we receive from a company you work for, e.g., name, contact details, title, function, etc.;

7. Information about you that other people provide to us, e.g., in the context of an official or judicial proceeding or in communication with us.

2. When you visit or use our Website and Apps, we process technical data, e.g., information about the time of access to our Website, the duration of the visit, the pages viewed, and information about the end device used, so that we can provide the Website, for IT security reasons, and to improve user-friendliness. We also use “cookies,” which are files stored on your end device when you visit our Website, and similar technologies (see Section 8 ff. below). Some cookies are necessary for the functionality of the Website and are automatically deleted after your visit. We use other cookies to save settings (e.g., a language choice) for a later visit, for statistics on the use of our Website, and to personalize the content on our Website.

3. Collection of Health Data in Particular

1. To provide our services, we collect data about your health status, your training frequency, your training progress, and your sound pattern. Data is collected in particular by recording audio data during your training with the Medical Didgeridoo, which is equipped with a microphone. The recording only occurs when you start a training session via the App. The recording ends when you end the training session. By linking the data, we develop a profile of your breathing behavior.

2. This involves the processing of special categories of personal data, for which we require your explicit consent.

3. By clicking the corresponding box when ordering or creating your user account, you consent to us using 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. You can revoke this consent at any time without affecting the lawfulness of the data processing carried out until the revocation.

4. If you have not yet reached the age of 16, we require the consent of your parents for you to use our services.

5. By providing your date of birth, you confirm your age to us in a binding manner. Asate disclaims any liability for non-compliance.

4. Purpose of Data Processing

1. The services on the Apps and the Website offer you training methods against snoring and other breathing difficulties, aiming to reduce the intensity, duration, and frequency of these issues. For this purpose, we have developed the Medical Didgeridoo. Through targeted training with the Medical Didgeridoo, particularly through the vibrations it produces, your airways are relaxed and your neck muscles are strengthened.

2. Asate may use the personal data collected from you for the following purposes:

1. to communicate with you and with third parties;

2. for customer service;

3. to provide, manage, secure, and personalize the Website/Apps, online offers, and other infrastructure, e.g., Wi-Fi in our premises;

4. to perform the contractual services offered by Asate that require data processing;

5. to evaluate your training progress and your sound pattern, as well as related training values and recommendations for your training behavior;

6. to create statistical evaluations in connection with the training offer provided by Asate;

7. to design and develop the services and offers of Asate;

8. for advertising and marketing, e.g., for sending target group-specific information and marketing communications by post and through electronic channels (provided the recipient has not objected to direct marketing);

9. to ensure the security and availability of the systems and data of Asate or its service providers;

10. for order and payment processing;

11. in connection with business transactions in which Asate intends to sell its business activity or parts thereof;

12. for accounting, archiving, training, and other administrative purposes;

13. to review and improve our internal processes and for the exchange of personal data within our affiliated companies;

14. to review and comply with legal obligations, including orders from a court or authority, and to detect and clarify abuses;

15. to enforce our claims and those of affiliated companies and to defend against claims against us, our employees, affiliated companies, and our contractual and business partners before courts and authorities in Switzerland and abroad; or

16. when required by applicable law.

5. Disclosure of Personal Data

1. Our employees have access to your personal data to the extent necessary for the described purposes and the activities of the respective employees. They act according to our instructions and are obliged to maintain confidentiality and secrecy when handling your personal data.

2. Your data will only be passed on to third parties if and to the extent necessary for one of the processing purposes listed above or if you have given your prior consent. If Asate is supported by third parties for the provision of the services and the Apps, these third parties are contractually obliged to ensure the same level of data security and to process the data only as Asate itself would be permitted to do. This applies in particular to Google Ireland Limited. Consolidated companies affiliated with Asate are not considered third parties.

3. The recipients of your personal data may also be located abroad – including outside the EU or the EEA. The countries concerned may not have laws that protect your personal data to the same extent as in Switzerland or in the EU/EEA. If we transfer your personal data to such a country, we are obliged to ensure the protection of your personal data in an appropriate manner. One way to do this is to conclude data transfer agreements with the recipients of your personal data that contain the EU Standard Contractual Clauses ^[a] and ensure the required level of data protection. Please contact us if you would like a copy of our data transfer agreements.

6. Duration of Data Processing and Storage

We store your personal data in a personally identifiable form for as long as is necessary for the specific purpose for which we collected it, which for contracts is generally at least for the duration of the contractual relationship. Health data (see Section 3) will be deleted after the termination of your user account. We also store personal data if we have a legitimate interest in storing it, e.g., for documentation and evidence preservation purposes and for the protection and defense of legal claims. We also store your personal data as long as it is subject to a statutory retention obligation.

7. Data Security

We take appropriate technical security measures (e.g., encryption, pseudonymization, logging, access restriction, data backup, etc.) and organizational measures (e.g., instructions to our employees, confidentiality agreements, reviews, etc.) to protect the security of your personal data, to protect it against unauthorized or unlawful processing, and to counter the risk of loss, accidental alteration, unintentional disclosure, or unauthorized access. However, security risks cannot generally be completely excluded; certain residual risks are usually unavoidable.

8. Cookies

1. To ensure the proper functionality of our Apps and/or our Website, we use cookies.

2. Cookies are small text files that are sent from the respective web server to the customer's browser during the first visit to a website and are stored on the customer's device or in the browser's cache. The next time this website is visited with the same device, the browser checks whether a corresponding 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 recognize whether the browser has already visited the respective website.

3. The data collected with the help of cookies is used for the smooth functioning and improvement of our services, the Website, and the Apps, and for analyzing the use of the Apps and/or the Website. Furthermore, cookies enable us to recognize your preferences and to align our Website with your areas of interest. No other use of the data is made; in particular, the data obtained is in no case used to identify you personally.

4. You can set your browser so that no cookies from this website are stored on your hard drive or cookies already stored on the device are deleted. However, you are advised that in this case, you may not be able to use all the functions of this website to their full extent. The exact procedure for changing the browser settings depends on the browser used. Information on changing or setting the browser settings can be found under the menu item “Help” or “Settings” of the respective browser. You can also manage the cookies of many companies used for online advertising. To do this, use the corresponding user tools created as part of self-regulation programs in many countries, e.g., the US page aboutads.info choices or the EU page Your Online Choices.

9. Google Analytics/Google Adwords

1. This website uses Google Analytics, a web analytics service provided by Google LLC (“Google”). Google Analytics uses “cookies” that are stored on the customer's computer and that allow an analysis of the use of the website. The information generated by the cookie about the use of this website (including IP addresses) is transmitted to a Google server in the USA and stored there. If you activate IP anonymization on this website, your IP address will be truncated by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted. Only in exceptional cases will the full IP address be sent to a Google server in the USA and truncated there. Google will use this information to evaluate the use of the website, to compile reports on website activity for the website operators, and to provide other services related to website and internet use. Google may also transfer this information to third parties if required to do so by law or if third parties process this data on Google's behalf.  

2. You can prevent the storage of cookies by setting your browser software accordingly. However, customers are advised that in this case, they may not be able to use all functions of this website to their full extent. Customers can also prevent the collection of data generated by the cookies and related to their use of the website (including their IP address) and the processing of this data by Google by downloading and installing the browser plugin available at the following link. The current link for this is: https://tools.google.com/dlpage/gaoptout?hl=en.

3. Furthermore, this website uses Google AdWords. If you have reached our website via an advertisement placed by Google, Google AdWords will place a cookie on your computer. The cookie for conversion tracking is set when a user clicks on an ad placed by Google. Please note that Google can use AdWords cookies to track your browser activities and other actions on websites. The information collected with the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. If you do not wish to participate in tracking, you can refuse the setting of a cookie required for this – for example, via a browser setting that generally deactivates the automatic setting of cookies. With the Google Ads Settings , you can also determine which Google ads you see. In addition, you can disable the personalization of ads.

10. Hotjar

1. This website uses functions of the web analytics service Hotjar (Hotjar Inc., Level 2, St. Julian’s Business Centre, 3, Elia Zammit Street, St. Julian’s STJ 1000, Malta) («Hotjar») to analyze the use of our website. The statistics obtained are used to improve our offer and make the website more interesting for you as a user. Hotjar uses this information on our behalf to evaluate the use of the website and to compile reports on website activities. The information generated by the cookie about your use of this website is usually transmitted to a Hotjar server and stored there.

2. We use Hotjar's anonymization function. This shortens your IP address and ensures that the analysis data is not personally identifiable. We do not merge the data with other personal data.^[b]

3. You can opt out of the analysis function by activating the standard «Do Not Track» function in your browser. In this case, we will not process your personal data in the manner described here. An explanation of how to activate the «Do Not Track» function can be found here^[c].

11. Facebook Pixel

1. Our website may also use the so-called Facebook Pixel and similar technologies from Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland («Facebook»). We use these technologies to display the Facebook Ads we place to users on Facebook and on Facebook's partner network (the so-called «Audience Network») who have shown an interest in us or whose characteristics match those we transmit to Facebook for this purpose (e.g., interest in certain topics or products that become apparent from the websites visited; «Custom Audiences»). We can also 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 measurement»). You can find more information about this here^[d].

2. We are jointly responsible with Facebook for the exchange of data that Facebook collects or receives via the Pixel or similar functions, for displaying advertising information that matches users' interests, for improving ad delivery, and for personalizing features and content (but not for further processing). We have therefore concluded a corresponding supplementary agreement with Facebook. Users can therefore direct requests for information and other data subject requests in connection with the joint responsibility directly to Facebook.

12. 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 promotional emails).

2. Within the scope of the law applicable to you, you also have the right to information, correction, deletion, restriction of data processing, and objection to our data processing, and the right to receive the personal data that you have provided to us free of charge in a readable format. You also have the right to withdraw consent without this affecting the lawfulness of the data processing carried out up to the time of withdrawal. You can also file a complaint with the competent data protection authority.

3. If you have such a request or have further questions or concerns about data protection, please contact us (see Section 1).

13. Legal Bases for Data Processing

1. When processing your personal data, we rely in particular on the following legal bases:

1. the performance of a contract with the data subject or for pre-contractual measures at your request (Art. 6 para. 1 lit. b GDPR);

2. the protection of legitimate interests of Asate or a third party (Art. 6 para. 1 lit. f GDPR), which includes, for example, the interest in customer care and communication with customers even outside of a contract; in marketing activities; in improving products and services and developing new ones; in combating fraud and preventing and investigating offenses; in protecting customers, employees, and other persons and data, secrets, and assets of Asate; in ensuring IT security, especially in connection with the use of the Website/Apps and other IT infrastructure; in ensuring and organizing business operations; in the sale or purchase of companies, parts of companies, and other assets; in the enforcement or defense of legal claims; and in compliance with legal requirements and internal rules;

3. on consent, if we ask for it separately (Art. 6 para. 1 lit. a GDPR);

4. a requirement to comply with legal provisions (Art. 6 para. 1 lit. c GDPR).

2. As a rule, there is no obligation to disclose personal data to us, unless you are in a contractual relationship with us that establishes such an obligation. However, we will have to collect and process the personal data that is necessary or legally required for the establishment and execution of a contractual relationship and for the fulfillment of the associated obligations. It should be noted, however, that the contract will not be concluded, or our services cannot be provided without the disclosure of your data. The processing of log data and certain other data when using the website is also practically mandatory. Also in communication with us, we must at least process the personal data that you transmit to us or that we transmit to you.